54 Amendments of Othmar KARAS related to 2018/0082(COD)
Amendment 53 #
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 for food and agricultural products. 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 operators in the food supply chain. Agricultural producers, who supply primary agricultural products, are largely small and medium- sized. Agricultural producer organisations and agricultural cooperatives shall also fall under the scope of this Directive provided that their relationship with the buyer is characterized by an economic dependence due to which the supplier depends on the buyer because of the importance of the deliveries to the buyer in terms of quantity, the buyer's reputation, its market share or the absence of sufficient alternative sales possibilities.
Amendment 67 #
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 for food and agricultural products. 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 operators in the food supply chain. Agricultural producers, who supply primary agricultural products, are largely small and medium- sized. Agricultural producer organisations and agricultural cooperatives should also fall under the scope of this Directive provided that their relationship with the buyer is characterized by an economic dependence due to which the supplier depends on the buyer because of the importance of the deliveries to the buyer in terms of quantity, the buyer's reputation, its market share or the absence of sufficient alternative sales possibilities.
Amendment 94 #
Proposal for a directive
Article 1 – paragraph 1
Article 1 – paragraph 1
1. This Directive establishes a minimum list of prohibited unfair trading practices between buyers and suppliers in the food supply chain regarding food products and agricultural products listed in Annex I to the Treaty and lays down minimum rules concerning their enforcement and arrangements for the coordination between enforcement authorities.
Amendment 99 #
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 and agricultural products listed in Annex I to the Treaty by a supplier to a buyer that is not a small and medium-sized enterprise to a buyer that is not a small and medium-sized enterprisefor processing or distribution in the Union, irrespective of their place of establishment.
Amendment 114 #
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 product, irrespective of their place of establishment, who buys agricultural products for processing or distribution in the Union and provides services to suppliers by way of trade. The term "buyer" may include a group of such natural and legal persons, including those that only provide services to suppliers;
Amendment 122 #
Proposal for a directive
Article 2 – paragraph 1 – point b
Article 2 – paragraph 1 – point b
(b) “supplier” means any agricultural producer or any natural or legal person, irrespective of their place of establishmenestablished in the Union market, who sells foodagricultural products. The term “supplier” may include a group of such agricultural producers or such natural and legal persons, including producer organisations and associations of producer organisations;
Amendment 132 #
Proposal for a directive
Article 2 – paragraph 1 – point d a (new)
Article 2 – paragraph 1 – point d a (new)
(da) “agricultural products” means products listed in Annex I to the Treaty and their processing products as well as products not listed in that Annex, but processed from those products for use as food;
Amendment 140 #
Proposal for a directive
Article 2 – paragraph 1 – point e a (new)
Article 2 – paragraph 1 – point e a (new)
(ea) “perishable agricultural products” means agricultural products listed in Annex I to the Treaty that will become unfit for human consumption unless they are stored, treated, packaged or otherwise conserved to prevent them from becoming unfit.
Amendment 149 #
Proposal for a directive
Article 3 – paragraph 1 – point a – introductory part
Article 3 – paragraph 1 – point a – introductory part
(a) a buyer pays a supplier for perishable food products later than 30 calendar days after the receipt of the supplier’s invoice or later than 30 calendar days after the date of the contractually- agreed delivery of the perishable food products, whichever is the later. This prohibition shall be without prejudice:
Amendment 155 #
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 163 #
Proposal for a directive
Article 3 – paragraph 1 – point d
Article 3 – paragraph 1 – point d
(d) a supplier pays for the wastage of food products that were delivered in due time and at the agreed quality that occurs on the buyer's premises and that is not caused by the negligence or fault of the supplier.;
Amendment 169 #
Proposal for a directive
Article 3 – paragraph 1 – point d a (new)
Article 3 – paragraph 1 – point d a (new)
(da) a buyer imposes or attempts to impose an unjustified or disproportionate transfer of the buyer's economic risks to the supplier;
Amendment 176 #
Proposal for a directive
Article 3 – paragraph 1 – point d b (new)
Article 3 – paragraph 1 – point d b (new)
(db) a buyer imposes or attempts to impose on the supplier a significant imbalance of rights and obligations in the commercial relationship before, during or after the contract;
Amendment 180 #
Proposal for a directive
Article 1 – paragraph 1
Article 1 – paragraph 1
1. This Directive establishes a minimum list of prohibited unfair trading practices between buyers and suppliers in the food supply chain regarding food products and agricultural products listed in Annex I to the Treaty and lays down minimum rules concerning their enforcement and arrangements for the coordination between enforcement authorities.
Amendment 181 #
Proposal for a directive
Article 3 – paragraph 1 – point d c (new)
Article 3 – paragraph 1 – point d c (new)
(dc) a buyer unilaterally transfers sales risk to the supplier;
Amendment 184 #
Proposal for a directive
Article 3 – paragraph 1 – point d d (new)
Article 3 – paragraph 1 – point d d (new)
(dd) a buyer demands payment from a supplier for offering the supplier’s products;
Amendment 187 #
Proposal for a directive
Article 3 – paragraph 1 – point d e (new)
Article 3 – paragraph 1 – point d e (new)
(de) a buyer subsequently demands payments without any return services;
Amendment 189 #
Proposal for a directive
Article 3 – paragraph 1 – point d f (new)
Article 3 – paragraph 1 – point d f (new)
(df) a buyer threatens, directly or indirectly, to cancel a supplier's products from listing if the supplier does not comply with the buyer's demands for price reduction;
Amendment 191 #
Proposal for a directive
Article 3 – paragraph 1 – point d g (new)
Article 3 – paragraph 1 – point d g (new)
(dg) a buyer demands payment without any counter-performance;
Amendment 192 #
Proposal for a directive
Article 3 – paragraph 1 – point d h (new)
Article 3 – paragraph 1 – point d h (new)
(dh) a buyer returns unsold food products to a supplier at the supplier's expense and without payment.
Amendment 193 #
Proposal for a directive
Article 3 – paragraph 1 a (new)
Article 3 – paragraph 1 a (new)
1a. These practices shall be prohibited without prejudice to the possibility for a supplier to offer proactively a longer payment deadline in accordance with Directive 2011/7/EU.
Amendment 204 #
Proposal for a directive
Article 3 – paragraph 2 – point a
Article 3 – paragraph 2 – point a
Amendment 212 #
Proposal for a directive
Article 3 – paragraph 2 – point c
Article 3 – paragraph 2 – point c
(c) a supplier pays for the promotion of foodagricultural 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 214 #
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 and agricultural products listed in Annex I to the Treaty by a supplier that is a small and medium-sized enterprise to a buyer that is not a small and medium-sized enterprise for processing or distribution in the Union, irrespective of their place of establishment.
Amendment 216 #
Proposal for a directive
Article 3 – paragraph 2 – point d
Article 3 – paragraph 2 – point d
(d) a supplier pays for the marketing of foodagricultural products by the buyer.
Amendment 231 #
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 products by way of trade, irrespective of their place of establishment, who buys agricultural products by way of trade for processing or distribution in the EU and provides services to suppliers. The term "buyer" may include a group of such natural and legal persons, including those that only provide services to suppliers;
Amendment 233 #
Proposal for a directive
Article 5 – paragraph 1
Article 5 – paragraph 1
1. A supplier shall addressIn case of conflict, the parties shall first conduct a mediation procedure. Should this mediation procedure not result in a solution of the conflict, the supplier is entitled to issue a complaint to the enforcement authority of the Member State in which the buyer suspected to have engaged in a prohibited trading practice is established.
Amendment 239 #
Proposal for a directive
Article 2 – paragraph 1 – point b
Article 2 – paragraph 1 – point b
(b) “supplier” means any agricultural producer or any natural or legal person, irrespective of their place of establishmenestablished in the Union market, who sells foodagricultural products. The term “supplier” may include a group of such agricultural producers or such natural and legal persons, including producer organisations and associations of producer organisations;
Amendment 240 #
Proposal for a directive
Article 5 – paragraph 2
Article 5 – paragraph 2
2. Producer organisations or associations of producer organisations under Regulation (EU) 1308/2013 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. in view of the objective to ascertain an infringement and in accordance with the provisions of Article 6.
Amendment 251 #
Proposal for a directive
Article 5 – paragraph 3
Article 5 – paragraph 3
3. The enforcement authority shall ensure, if so requested by the complainant, the confidentiality of the identity of the complainant and any other information, in respect of which the complainant considers disclosure harmful to his interests. The complainant shall identify such information in a possible request for confidentiality. The enforcement authority shall ensure the confidentiality of the procedure in the interests of the opponent.
Amendment 274 #
Proposal for a directive
Article 6 – paragraph 1 – point d
Article 6 – paragraph 1 – point d
(d) to impose a pecuniary fine on the author of the infringement. The fine shall be effective, proportionate with regard to the damage caused and dissuasive taking into account the nature, duration and gravity of the infringement;
Amendment 278 #
Proposal for a directive
Article 2 – paragraph 1 – point d a (new)
Article 2 – paragraph 1 – point d a (new)
(d a) "agricultural products” means products listed in Annex I to the Treaty and their processing products as well as products not listed in that Annex, but processed from those products for use as food;
Amendment 291 #
Proposal for a directive
Article 9 – paragraph 1
Article 9 – 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 foodagricultural 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 298 #
Proposal for a directive
Article 2 – paragraph 1 – point e a (new)
Article 2 – paragraph 1 – point e a (new)
(e a) “perishable agricultural products” means agricultural products listed in Annex I to the Treaty that will become unfit for human consumption unless they are stored, treated, packaged or otherwise conserved to prevent them from becoming unfit.
Amendment 317 #
Proposal for a directive
Article 3 – paragraph 1 – point a – introductory part
Article 3 – paragraph 1 – point a – introductory part
(a) a buyer pays a supplier for perishable food products later than 30 calendar days after the receipt of the supplier’s invoice or later than 30 calendar days after the date of the contractually agreed delivery of the perishable food products, whichever is the later. This prohibition shall be without prejudice:
Amendment 341 #
Proposal for a directive
Article 3 – paragraph 1 – point b
Article 3 – paragraph 1 – point b
(b) a buyer unilaterally 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 354 #
Proposal for a directive
Article 3 – paragraph 1 – point c c (new)
Article 3 – paragraph 1 – point c c (new)
(cc) a buyer demands subsequently payments without any return services;
Amendment 355 #
Proposal for a directive
Article 3 – paragraph 1 – point c b (new)
Article 3 – paragraph 1 – point c b (new)
(cb) a buyer demands payment without any counter performance;
Amendment 368 #
Proposal for a directive
Article 3 – paragraph 1 – point d
Article 3 – paragraph 1 – point d
(d) a supplier pays for the wastage of food products that that were delivered in due time and according to the agreed quality occurs on the buyer's premises and that is not caused by the negligence or fault of the supplier.
Amendment 400 #
Proposal for a directive
Article 3 – paragraph 1 – point c a (new)
Article 3 – paragraph 1 – point c a (new)
(ca) a buyer imposes or attempts to impose an unjustified or disproportionate transfer of the buyer's economic risks onto the supplier;
Amendment 410 #
Proposal for a directive
Article 3 – paragraph 1 – point d b (new)
Article 3 – paragraph 1 – point d b (new)
(db) a buyer imposes or attempts to impose onto the supplier a significant unbalance of rights and obligations in the commercial relationship before, during or after the contract;
Amendment 419 #
Proposal for a directive
Article 3 – paragraph 1 – point d c (new)
Article 3 – paragraph 1 – point d c (new)
(dc) a buyer transfers unilaterally the sales risk onto the supplier;
Amendment 425 #
Proposal for a directive
Article 3 – paragraph 1 – point d d (new)
Article 3 – paragraph 1 – point d d (new)
(dd) a buyer demands a payment from a supplier for offering the supplier’s products;
Amendment 431 #
(df) a buyer threatens directly or indirectly to cancel a supplier's products from listing, if the supplier does not comply or want to comply with a buyer's demands for price reduction;
Amendment 434 #
Proposal for a directive
Article 3 – paragraph 1 – point d h (new)
Article 3 – paragraph 1 – point d h (new)
(dh) a buyer returns unsold food products to a supplier at the suppliers costs and without payment for this unsold food products;
Amendment 454 #
Proposal for a directive
Article 3 – paragraph 1 a (new)
Article 3 – paragraph 1 a (new)
1a. These practices shall be prohibited without prejudice to the possibility for a supplier to offer proactively a longer payment deadline in accordance with Directive 2011/7/EU.
Amendment 470 #
Proposal for a directive
Article 3 – paragraph 2 – point a
Article 3 – paragraph 2 – point a
Amendment 487 #
Proposal for a directive
Article 3 – paragraph 2 – point c
Article 3 – paragraph 2 – point c
(c) a supplier pays for the promotion of foodagricultural 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 495 #
Proposal for a directive
Article 3 – paragraph 2 – point d
Article 3 – paragraph 2 – point d
(d) a supplier pays for the marketing of foodagricultural products by the buyer.
Amendment 546 #
Proposal for a directive
Article 5 – paragraph 1
Article 5 – paragraph 1
1. A supplier shall addressIn case of conflict, the parties shall first conduct a mediation procedure. Should this mediation procedure not result in a solution of the conflict, the supplier is entitled to issue a complaint to the enforcement authority of the Member State in which the buyer suspected to have engaged in a prohibited trading practice is established.
Amendment 563 #
Proposal for a directive
Article 5 – paragraph 2
Article 5 – paragraph 2
2. Producer organisations or associations of producer organisations according to Regulation 1308/2013/EU 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 in view of the objective to ascertain an infringement and bring into application the provisions of Article 6.
Amendment 575 #
Proposal for a directive
Article 5 – paragraph 3
Article 5 – paragraph 3
3. The enforcement authority shall ensure, if so requested by the complainant, the confidentiality of the identity of the complainant and any other information, in respect of which the complainant considers disclosure harmful to his interests. The complainant shall identify such information in a possible request for confidentiality. The enforcement authority shall also ensure the confidentiality of the procedure in the interest of the opponent.
Amendment 611 #
Proposal for a directive
Article 6 – paragraph 1 – point d
Article 6 – paragraph 1 – point d
(d) to impose a pecuniary fine on the author of the infringement. The fine shall be effective, proportionate with regard to the damage caused and dissuasive taking into account the nature, duration and gravity of the infringement;
Amendment 662 #
Proposal for a directive
Article 9 – paragraph 1
Article 9 – 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 foodagricultural products' 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.