Activities of Miguel VIEGAS related to 2018/0082(COD)
Plenary speeches (1)
Unfair trading practices in business-to-business relationships in the food supply chain (debate) PT
Amendments (28)
Amendment 63 #
Proposal for a directive
Title 1
Title 1
Proposal for a DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL on unfair trading practices in business-to- business relationships in the food supply chain
Amendment 206 #
Proposal for a directive
Article 1.º – paragraph 2
Article 1.º – paragraph 2
2. This Directive applies to certain unfair trading practices which occur in relation to the sales of food products by a supplier that is a small and medium-sized enterprise to a buyer that is not a small and medium-sized enterprise, irrespective of the place of establishment of the supplier and the buyer.
Amendment 238 #
Proposal for a directive
Article 2.º – paragraph 1 – point a
Article 2.º – paragraph 1 – point a
(a) “buyer” means any natural or legal person established in the Union who buys food products by way of trade. The term "buyer" may include a group of such natural and legal persons;
Amendment 245 #
Proposal for a directive
Article 2.º – paragraph 1 – point b
Article 2.º – paragraph 1 – point b
(b) “supplier” means any agricultural producer or any natural or legal person, irrespective of their place of establishment, who sells food products. The term “supplier” may include a group of such agricultural producers or suchof natural and legal persons, including producer organisations and associations of producer organisations;
Amendment 326 #
Proposal for a directive
Article 3.º – paragraph 1 – point a a (new)
Article 3.º – paragraph 1 – point a a (new)
(aa) business-to-business trading practices making it impossible to sell to any other enterprise at a lower price;
Amendment 327 #
Proposal for a directive
Article 3.º – paragraph 1 – point a b (new)
Article 3.º – paragraph 1 – point a b (new)
(ab) business-to-business trading practices seeking to obtain prices, payment terms, selling arrangements, or cooperative marketing arrangements that are unreasonable compared with the general conditions of sale;
Amendment 328 #
Proposal for a directive
Article 3.º – paragraph 1 – point a c (new)
Article 3.º – paragraph 1 – point a c (new)
(ac) business-to-business trading practices whereby an enterprise is unilaterally compelled, directly or indirectly: (i) to promote a given product; (ii) to make payments of any kind in return for a promotion;
Amendment 329 #
Proposal for a directive
Article 3.º – paragraph 1 – point a d (new)
Article 3.º – paragraph 1 – point a d (new)
(ad) business-to-business trading practices whereby a consideration is obtained for ongoing promotions, or those which have already occurred, including discounts giving a right to compensation in the subsequent purchase of equivalent or other goods;
Amendment 330 #
Proposal for a directive
Article 3.º – paragraph 1 – point a e (new)
Article 3.º – paragraph 1 – point a e (new)
(ae) trading practices employed by the buyer when the supplier is a micro or small enterprise, a producer organisation, or a cooperative, whereby delivered products are rejected or returned, on the grounds that all or part of the order is of inferior quality or the delivery was late, but the buyer fails to prove that the situation was caused by the supplier.
Amendment 331 #
Proposal for a directive
Article 3.º – paragraph 1 – point a f (new)
Article 3.º – paragraph 1 – point a f (new)
(af) trading practices employed by the buyer when the supplier is a micro or small enterprise, a producer organisation, or a cooperative, whereby a payment is charged, directly or in the form of a discount: (i) because the buyer’s expectations have not been met as regards the volume or value of sales; (ii) for the introduction or reintroduction of products; (iii) to compensate for costs arising out of a consumer complaint, except when the buyer proves that the complaint was due to the supplier’s negligence, fault, or non- performance of the contract; (iv) to cover any wastage of the supplier’s products, except when the buyer proves that this was due to the supplier’s negligence, fault, or non-performance of the contract; (v) for transport and storage costs after the product has been delivered; (vi) as a contribution towards the opening of new premises or the alteration of existing premises; (vii) as a condition for entering into a business relationship with a supplier.
Amendment 332 #
Proposal for a directive
Article 3.º – paragraph 1 – point a h (new)
Article 3.º – paragraph 1 – point a h (new)
(ah) the imposition of, or an attempt to impose, a significant imbalance of rights and obligations in the business relationship before, during, and after the contract.
Amendment 333 #
Proposal for a directive
Article 3.º – paragraph 1 – point a i (new)
Article 3.º – paragraph 1 – point a i (new)
(ai) retaliatory practices by buyers, including, but not limited to, removal of products, discontinuance of data-sharing services, overuse of promotions, delaying payments, and unilateral deductions to secure better terms under existing contracts or when negotiating a new contract.
Amendment 334 #
Proposal for a directive
Article 3.º – paragraph 1 – point a j (new)
Article 3.º – paragraph 1 – point a j (new)
(aj) sharing or improper use, whether deliberately or through negligence, of confidential information communicated by the supplier to the buyer, for example the substance of the contract and/or trade secrets that the supplier has shared with the buyer.
Amendment 335 #
Proposal for a directive
Article 3.º – paragraph 1 – point a k (new)
Article 3.º – paragraph 1 – point a k (new)
(ak) causing or attempting to cause buyers’ economic risks to shift to an unwarranted or excessively high degree towards suppliers;
Amendment 337 #
Proposal for a directive
Article 3.º – paragraph 1 – point b
Article 3.º – paragraph 1 – point b
(b) a buyer cancels orders of perishable food products at such short notice that a supplier cannot reasonably be expected to find an alternative to commercialise or use these products;
Amendment 352 #
Proposal for a directive
Article 3.º – paragraph 1 – point c a (new)
Article 3.º – paragraph 1 – point c a (new)
(ca) business-to-business trading practices whereby a supply contract is altered retroactively;
Amendment 391 #
Proposal for a directive
Article 3.º – paragraph 1 – point d a (new)
Article 3.º – paragraph 1 – point d a (new)
(da) the buyer retaliates commercially against the supplier, or threatens to do so, in order to exercise its contractual and legal rights, including complaints to, and cooperation with, the competent national authorities.
Amendment 460 #
Proposal for a directive
Article 3.º – paragraph 2 – introductory part
Article 3.º – paragraph 2 – introductory part
2. Member States shall ensure that the following trading practices are prohibited, if they are not agreed in clear and unambiguous terms at the conclusion of the supply agreement:
Amendment 471 #
Proposal for a directive
Article 3.º – paragraph 2 – point a
Article 3.º – paragraph 2 – point a
(a) a buyer returns unsold food products to a supplier;
Amendment 480 #
Proposal for a directive
Article 3.º – paragraph 2 – point b
Article 3.º – paragraph 2 – point b
(b) a buyer charges a supplier payment as a condition for the stocking, displaying or listing food products of the supplier’s products;
Amendment 483 #
Proposal for a directive
Article 3.º – paragraph 2 – point c
Article 3.º – paragraph 2 – point c
(c) a supplier pays for the promotion of food products sold by the buyer. Prior to a promotion and if that promotion is initiated by the buyer, the buyer shall specify the period of the promotion and the expected quantity of the food products to be ordered;
Amendment 491 #
Proposal for a directive
Article 3.º – paragraph 2 – point d
Article 3.º – paragraph 2 – point d
(d) a supplier pays for the marketing of food products by the buyer.
Amendment 513 #
Proposal for a directive
Article 3.º – paragraph 4
Article 3.º – paragraph 4
4. Member States shall ensure that the prohibitions laid down in paragraphs 1 and 2 constitute overriding mandatory provisions which are applicable to any situation falling within their scope, irrespective of the law otherwise applicable to the supply agreement between the parties. Member States may adopt stricter rules than the prohibitions under paragraphs 1 and 2.
Amendment 514 #
Proposal for a directive
Article 3.º – paragraph 4 a (new)
Article 3.º – paragraph 4 a (new)
4a. A buyer must ensure that contracts are drafted in clear and unambiguous language. Contracts shall specify at least (a) the parties, (b) the subject, (c) the volume, price (fixed or to be determined on the basis of transparent, objective criteria), and quality, (d) the time-frame for payment, (e) penalties related to performance of the contract, (f) the duration and, if applicable, renewal, (g) the grounds for termination, allowing for reasonable notice, and (h) the law and jurisdiction applicable.
Amendment 538 #
Proposal for a directive
Article 5.º – paragraph 1
Article 5.º – paragraph 1
1. A supplier shall address a complaint to the enforcement authority of the Member State in which the buyer suspected to have engaged in a prohibited trading practice is establishedunfair trading practice produces the effects sought. The effects shall be presumed to occur in the Member State where the buyer of the product processes or distributes it. If the effects are felt in more than one Member State, the law enforcement authorities may coordinate their investigations.
Amendment 649 #
Proposal for a directive
Article 8.º – paragraph 1
Article 8.º – paragraph 1
Member States may provide for stricter rules on the trading practices covered by this Directive and for other rules designed to combat unfair trading practices going beyond those set out in Articles 3, 5, 6 and 7, provided that such national rules are compatible with the rules on the functioning of the internal market.
Amendment 661 #
Proposal for a directive
Article 9.º – paragraph 1
Article 9.º – paragraph 1
1. By 15 March of each year, Member States shall send to the Commission a report on unfair trading practices in business-to-business relationships in the food supply chain. That report shall contain, in particular, all relevant data on the application and enforcement of the rules under this Directive in the Member State concerned in the previous year.
Amendment 665 #
Proposal for a directive
Article 11.º – paragraph 1
Article 11.º – paragraph 1
1. No soonlater than three years after the date of application of this Directive, the Commission shall carry out an evaluation of this Directive and present a report on the main findings to the European Parliament, the Council and the European Economic and Social Committee and the Committee of the Regions.