BETA

17 Amendments of Maria Lidia SENRA RODRÍGUEZ related to 2018/0082(COD)

Maria Lidia SENRA RODRÍGUEZ

Proposal for a directive
Recital 7

~~(7)~~7. A minimum Union standard of protection against certain manifestly unfair trading practices should be introduced to reduce the occurrence of such practices ~~and~~, to contribute to ensuring a fair standard of living for agricultural producers and to take account of the particular nature of farming, given its social structure and the structural and natural disparities between farming regions. It should benefit all agricultural producers orand any natural or legal person that supplies food products, including producer organisations and associations of producer organisations, provided that all those persons meet the definition of micro, small and medium- sized enterprises set out in the Annex to Commission Recommendation 2003/361/EC12. Those micro, small or medium suppliers are particularly vulnerable to unfair trading practices and least able to weather them without negative effects on their economic viability. As the financial pressure on ~~small and medium-sized~~ enterprises caused by unfair trading practices often passes through the chain and reaches agricultural producers, rules on unfair trading practices should also protect ~~small and medium- sized~~ intermediary suppliers at the stages downstream of primary production. Protection of intermediary suppliers should also avoid unintended consequences (notably in terms of unduly raising prices) of trade diversion away from agricultural producers and their associations, who produce processed products, to non- protected suppliers. ~~_________________ 12 OJ L 124, 20.5.2003, p. 36.~~

2018/07/20
Committee: AGRI

Maria Lidia SENRA RODRÍGUEZ

Proposal for a directive
Recital 9

~~(9)~~9. The relevant rules should apply to the business conduct by larger, that is to say non-small and medium-sized, operators in the food supply chain as they are the ones who normally possess stronger relative bargaining power when trading with small and medium-sized suppliersof the operators in the food supply chain.

2018/07/20
Committee: AGRI

Maria Lidia SENRA RODRÍGUEZ

Proposal for a directive
Recital 10

(10). As a majority of Member States already have national rules on unfair trading practices, albeit diverging, it is appropriate to use the tool of a Directive to introduce a minimum protection standard under Union law. This should enable Member States to integrate the relevant rules into their national legal order in such a way as to bring about a cohesive regime. Member States should not be precluded from adopting and applying on their territory stricter national laws protecting ~~small and medium-sized~~ suppliers and buyers against unfair trading practices occurring in business-to-business relationships in the food supply chain, subject to the limits of Union law applicable to the functioning of the internal market.

2018/07/20
Committee: AGRI

Maria Lidia SENRA RODRÍGUEZ

Proposal for a directive
Recital 14

(14). Complaints by producer organisations or, associations of such organisations or farmers' organisations and can serve to protect the identity of individual members of the organisation who are ~~small and medium- sized~~ suppliers and consider themselves exposed to unfair trading practices. Enforcement authorities of the Member States should therefore be able to accept and act upon complaints by such entities while protecting the procedural rights of the defendant.

2018/07/20
Committee: AGRI

Maria Lidia SENRA RODRÍGUEZ

Proposal for a directive
Recital 19

(19). In the interest of an effective implementation of the policy in respect of unfair trading practices in business-to- business relationships in the food supply chain, the Commission should review the application of this Directive and submit a report to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions. The review should also pay particular attention to whether protection of small and medium-sized buyers of food products in the supply chain – in addition to the protection of small and medium sized suppliers – in the future would be justified,

2018/07/20
Committee: AGRI

Maria Lidia SENRA RODRÍGUEZ

Proposal for a directive
Article 1 – paragraph 2

2. This Directive applies to certain unfair trading practices which occur in relation to the sales of food products by a supplier t~~hat is a small and medium-sized enterprise to a buyer that is not a small and medium-sized enterprise~~o a buyer.

2018/07/20
Committee: AGRI

Maria Lidia SENRA RODRÍGUEZ

Proposal for a directive
Article 2 – paragraph 1 – point c

(c) “small and medium-sized enterprise” means an enterprise within the meaning of the definition of micro, small and medium-sized enterprises set out in the Annex to Commission Recommendation 2003/361/EC14; _________________ 14 Commission Recommendation 2003/361/EC of 6 May 2003 concerning the definition of micro, small and medium-sized enterprises (OJ L 124, 20.5/2003, p. 36).deleted

2018/07/20
Committee: AGRI

Maria Lidia SENRA RODRÍGUEZ

Proposal for a directive
Article 2 – paragraph 1 – point b a (new)

(ba) 'supply contract' is a written agreement between a supplier and a buyer which clearly and transparently covers the relevant parts of the trade agreement, identifies the parties and establishes their rights and obligations price, duration, delivery and payment conditions, considerations, conclusion and termination of the contract.

2018/07/20
Committee: AGRI

Maria Lidia SENRA RODRÍGUEZ

Proposal for a directive
Article 3 – paragraph 1 – point a a (new)

(aa) a buyer pays a supplier for perishable food products no later than 60 calendar days after the receipt of the supplier’s invoice or no later than 60 calendar days after the date of delivery of the perishable food products, whichever is the later.This prohibition shall be without prejudice: to the consequences of late payments and remedies as laid down in Directive 2011/7/EU; to the option of a buyer and a supplier agreeing on a value-sharing clause within the meaning of Article 172 a) of Regulation (EU) No 1308/2013 of the European Parliament and of the Council.

2018/07/20
Committee: AGRI

Maria Lidia SENRA RODRÍGUEZ

Proposal for a directive
Article 3 – paragraph 1 – point d a (new)

(da) an operator makes a sale at a loss. A food or food product sale shall be considered loss making when the sale price is less than the purchase price given on the invoice, less the proportional share of any discounts appearing on the invoice, or at actual cost of production if the article was manufactured by the seller, plus the amount of any indirect taxes levied on the transaction. Changes on amended invoices issued after the timeframe indicated shall not be taken into account nor shall salaries or bonuses of any kind that constitute payment for services rendered be calculated for the purposes of deduction from the purchase price. Under no circumstances may joint offers or gifts to buyers be used to circumvent the ban on selling at a loss.

2018/07/20
Committee: AGRI

Maria Lidia SENRA RODRÍGUEZ

Proposal for a directive
Article 3 – paragraph 1 – point d b (new)

(db) A supplier receives a price lower than the production cost.

2018/07/20
Committee: AGRI

Maria Lidia SENRA RODRÍGUEZ

Proposal for a directive
Article 3 – paragraph 1 – point d c (new)

(dc) A buyer sells a product on at a price lower than the purchase price.

2018/07/20
Committee: AGRI

Maria Lidia SENRA RODRÍGUEZ

Proposal for a directive
Article 3 a (new)

Article 3a Contractual relations The Member States shall set a stable framework for buyer-producer relations that establishes the mechanisms for collective bargaining over the minimum prices for farming products, ensuring that those prices cover costs and wages along with all sales of goods rules. The arbitration figure shall also be set.

2018/07/20
Committee: AGRI

Maria Lidia SENRA RODRÍGUEZ

Proposal for a directive
Article 4 – paragraph –1 (new)

(-1) Through the competent public authorities, the European Union shall check and ensure compliance with the provisions laid down in this Directive on supranational transactions and simultaneous transactions in a number of Member States, and it shall do so within short periods of time.

2018/07/20
Committee: AGRI

Maria Lidia SENRA RODRÍGUEZ

Proposal for a directive
Article 5 – paragraph 2

2. Producer organisations or, associations of producer organisations or farmers' organisations whose member(s) or member(s) of their members consider(s) that they are affected by a prohibited trading practice shall have the right to submit a complaint.

2018/07/20
Committee: AGRI

Maria Lidia SENRA RODRÍGUEZ

Proposal for a directive
Article 7 – paragraph 2

2. The enforcement authorities shall meet once per year, or less often if necessary, to discuss the application of this Directive on the basis of the annual reports referred to in Article 9(1) and best practices in the area it covers. The Commission shall facilitate those meetings.

2018/07/20
Committee: AGRI

Maria Lidia SENRA RODRÍGUEZ

Proposal for a directive
Article 8 – paragraph 1

Member States may provide for rules designed to combat unfair trading practices going beyond those set out in Articles 1, 3, 5, 6 and 7, provided that such national rules are compatible with the rules on the functioning of the internal market.

2018/07/20
Committee: AGRI