9 Amendments of Tom VANDENKENDELAERE related to 2018/0082(COD)
Amendment 77 #
Proposal for a directive
Recital 6
Recital 6
(6) A majority of all Member States, but not all of them, have specific national rules that protect suppliers against unfair trading practices occurring in business-to- business relationships in the food supply chain. WEven where reliance on contract law or self-regulatory initiatives is possible, however, fear of retaliation against a complainant may limits the practical value of these forms of redprotection measuress. Certain Member States, which have specific rules on unfair trading practices in place, therefore entrust administrative authorities with their enforcement. However, Member States’ unfair trading practices rules - to the extent they exist - are characterised by significant divergence.
Amendment 156 #
Proposal for a directive
Recital 15
Recital 15
(15) The enforcement authorities of the Member States should have the necessary powers that enable them to effectively gather any factual information by way of information requests. They should have the power to order the termination of a prohibited practice, where applicable. The existence of a deterrent, such as the power to imposeEnforcement authorities should also have the power to initiate, on their own initiative or at the request of one of the parties, a rapid conciliation procedure with a predetermined maximum duration and to apply a deterrent penalty, such as imposing a fines and the publication of investigation results, can encourage behavioural change and pre-litigation solutions between the parties and should therefore be part of the powers of the enforcement authoritiesshing findings from investigations, as this could promote behavioural change and pre-litigation solutions and avoid possible reputational damage. The Commission and the enforcement authorities of the Member States should cooperate closely so as to ensure a common approach with respect to the application of the rules set out in this Directive. In particular, the enforcement authorities should provide each other mutual assistance, for example by sharing information and assisting in investigations which have a cross-border dimension.
Amendment 295 #
Proposal for a directive
Article 2 – paragraph 1 – point e a (new)
Article 2 – paragraph 1 – point e a (new)
(ea) 'conciliation procedure' means a confidential procedure launched at the initiative of the enforcement authorities, with the joint consent of the buyer and the supplier, or at the request of the buyer or the supplier, to resolve their dispute amicably on a voluntary basis with the assistance of a mediator within two months.
Amendment 302 #
Proposal for a directive
Article 2 – paragraph 1 – point e b (new)
Article 2 – paragraph 1 – point e b (new)
(eb) 'mediator' means a third party appointed by mutual agreement between the buyer and the supplier, regardless of the manner of his/her appointment, status or profession, who is called upon to mediate in an effective, impartial, independent and expert manner.
Amendment 390 #
Proposal for a directive
Article 3 – paragraph 1 – point d a (new)
Article 3 – paragraph 1 – point d a (new)
(da) a buyer demands a full, partial or prior transfer of the direct payments of the supplier to which the latter is entitled under Regulation (EU) No 1307/2013.
Amendment 569 #
Proposal for a directive
Article 5 – paragraph 2
Article 5 – paragraph 2
2. Producer organisations or associations of producer 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 or to intervene in a conciliation procedure as referred to in Article 2(ea).
Amendment 577 #
Proposal for a directive
Article 5 – paragraph 3 a (new)
Article 5 – paragraph 3 a (new)
3a. Where such information is nevertheless made public, the buyer shall not, on the basis of that information, perform any detrimental acts vis-à-vis the supplier. If the buyer breaches this prohibition, he or she shall be liable for compensation for the damage caused to the supplier, including loss, loss of profit and reputational damage.
Amendment 587 #
Proposal for a directive
Article 6 – paragraph 1 – introductory part
Article 6 – paragraph 1 – introductory part
Member States shall ensure that the enforcement authority isies are properly equipped and shall confer on ithem the following powers:
Amendment 597 #
Proposal for a directive
Article 6 – paragraph 1 – point b a (new)
Article 6 – paragraph 1 – point b a (new)
(ba) to propose that buyers and suppliers launch a conciliation procedure as referred to in Article 2(ea) in order, within two months of the launch of the procedure, to reach a mediated agreement concerning the complaint submitted, an agreement which shall be dated and signed by the parties and shall contain a precise description of the undertakings given by each of them;