15 Amendments of Andreas SCHWAB related to 2018/0082(COD)
Amendment 55 #
Proposal for a directive
Recital 5
Recital 5
(5) The number and size of operators vary across the different stages of the food supply chain. Differences in bargaining power relate to the different levels of concentration of operators and can enable the unfair exercise of bargaining power by using unfair trading practices. Unfair trading practices are in particular harmful for small and medium-sized and mid-cap operators in the food supply chain. Agricultural producers, who supply primary agricultural products, are largely small and medium- sized or mid-cap, considering that they employ seasonal workers.
Amendment 58 #
Proposal for a directive
Recital 5 a (new)
Recital 5 a (new)
(5a) Agricultural producers, who supply primary agricultural products, are largely small and medium-sized. But the limited criteria of small and medium-sized enterprises in agricultural production are often exceeded e.g. when employing seasonal workers. Therefore, it is adequate to enlarge the scope to mid-caps. Mid-cap companies are enterprises or Producer Organisation, cooperatives or Associations of Producer Organisations with a medium-sized structure and with a high capital ratio with a staff headcount of up to 3000 employees. Furthermore, mid-caps can be family-run enterprises. Small and medium-sized enterprises and mid-caps have little market power in comparison to the big players in the agricultural or food supply chain.
Amendment 65 #
Proposal for a directive
Recital 7
Recital 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. It should benefit all agricultural producers or 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 or are mid-cap enterprises. Those micro, small or, medium or mid-cap 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 and mid-cap 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 and mid-cap 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.
Amendment 104 #
Proposal for a directive
Article 1 – paragraph 2
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 that is a small and medium-sized or mid-cap enterprise to a buyer that is not a small and medium-sized enterprise.
Amendment 115 #
Proposal for a directive
Article 2 – paragraph 1 – point a
Article 2 – paragraph 1 – point a
(a) “buyer” means any natural or legal person established in the Union who buys food productswhich not a small, medium-sized or cap-sized enterprise, irrespective of where they are established, who buys food products for processing or distribution in the Union by way of trade. The term "buyer" may include a group of such natural and legal persons;
Amendment 128 #
Proposal for a directive
Article 2 – paragraph 1 – point c a (new)
Article 2 – paragraph 1 – point c a (new)
(ca) "mid-cap enterprise" means an enterprise or a Producer Organisation, cooperative or Association of Producer Organisations with a medium-sized structure, a high capital ratio and a staff headcount of up to 3000 employees;
Amendment 142 #
Proposal for a directive
Article 2 – paragraph 1 – point e a (new)
Article 2 – paragraph 1 – point e a (new)
(ea) "mid-cap enterprise" means an enterprise with a medium-sized structure and a staff headcount of no more than 3000 employees;
Amendment 157 #
Proposal for a directive
Article 3 – paragraph 1 – point b
Article 3 – paragraph 1 – point b
(b) a buyer cancels unilaterally 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 201 #
Proposal for a directive
Article 3 – paragraph 2 – introductory part
Article 3 – 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 by the contracting parties at the conclusion of the supply agreement:
Amendment 218 #
Proposal for a directive
Article 3 – paragraph 2 – point d a (new)
Article 3 – paragraph 2 – point d a (new)
(da) a buyer shares with third parties confidential information related to the supply contract, including trade secrets shared by the supplier with the buyer.
Amendment 228 #
Proposal for a directive
Article 3 a (new)
Article 3 a (new)
Article 3a Contracts between suppliers and buyers A supplier may require that any supply of goods or services is subject to a written contract with clear and unambiguous language and which specifies at least the following terms: the parties to the contract; the object of the contract; the volume, price and quality of the products or services provided; payment; penalties in case of non-execution of the contract; duration and, if applicable, renewal of the contract; termination causes, including a reasonable notice period; the applicable law.
Amendment 244 #
Proposal for a directive
Article 5 – paragraph 2
Article 5 – paragraph 2
2. Producer or supplier organisations or associations of producer or supplier 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 and to be a party to the proceedings.
Amendment 263 #
Proposal for a directive
Article 6 – paragraph 1 – point a
Article 6 – paragraph 1 – point a
(a) to initiate and conduct investigations on its own initiative or based on a complaintbased on an initial suspicion;
Amendment 270 #
Proposal for a directive
Article 6 – paragraph 1 – point d
Article 6 – paragraph 1 – point d
(d) to impose a pecuniary finepenalties on the author of the infringement. The finepenalties shall be effective, proportionate and dissuasive taking into account the nature, duration and gravity of the infringement; pecuniary fines shall be issued only in cases of intentional non-compliance or repeated non-compliance;
Amendment 279 #
Proposal for a directive
Article 6 a (new)
Article 6 a (new)
Article 6a Mediation or alternative dispute resolution mechanism 1. Without prejudice to the powers and obligations of the enforcement authority laid down in Article 6, Member States may encourage the use of mediation or of an alternative dispute resolution mechanism in case of a dispute between a supplier and a buyer due to an unfair trading practices as defined in Article 2. 2. The use of mediation or of an alternative dispute resolution mechanism shall be without prejudice to the right of the supplier to submit a complaint, as set out in Article 5.