Activities of Pilar AYUSO related to 2018/0082(COD)
Plenary speeches (1)
Unfair trading practices in business-to-business relationships in the food supply chain (debate) ES
Amendments (25)
Amendment 69 #
Proposal for a directive
Recital 5
Recital 5
(5) The number and size of operators vary across the different stages of the agri- 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 operators in the agri-food supply chain. Agricultural producers, who supply primary agricultural products, are largely small and medium- sized. Nevertheless, all operators, regardless of their economic dimension, are vulnerable to unfair trading practices. ((The change from "food supply chain" to "agri-food supply chain" applies throughout the text.))
Amendment 84 #
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 . 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.
Amendment 90 #
Proposal for a directive
Recital 8
Recital 8
Amendment 97 #
Proposal for a directive
Recital 9
Recital 9
(9) The relevant rules should apply to all business conduct by larger, that is to say non-small and medium-sized, operators in the agri-food supply chain as they are the ones who normally possess stronger relative bargaining power when trading with small and medium-sized suppliers.
Amendment 109 #
Proposal for a directive
Recital 10
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 regardless of their economic dimension against unfair trading practices occurring in business-to-business relationships in the agri-food supply chain, subject to the limits of Union law applicable to the functioning of the internal market.
Amendment 137 #
Proposal for a directive
Recital 13
Recital 13
(13) In order to ensure an effective enforcement of the prohibitions laid down in this Directive, Member States should designate an authority that is entrusted with their enforcement. The authority should be able to act either on its own initiative or by way of complaints by parties affected by unfair trading practices in the agri-food supply chain. Whenevere a complainant requests that his identity remain confidential because of fear of retaliation,t is logged the enforcement authoritiesy of the Member States should honour such a requestguarantee that the complainant’s identity remains anonymous.
Amendment 203 #
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 enterprise to a buyer that is not a small and medium-sized enterprise.agricultural and food products as well as to the services related to those products, by a supplier to a buyer. The provisions of this Directive shall not cover agri-food supply to cooperatives or other associated entities by their members. ((The change from "food products" to "agricultural and food products" applies throughout the text.))
Amendment 240 #
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 establishmentestablished in the Union, who sells food products. T; 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 or agricultural cooperatives;
Amendment 254 #
Proposal for a directive
Article 2 – paragraph 1 – point b a (new)
Article 2 – paragraph 1 – point b a (new)
(b a) "economic dependence" means a relationship in which the buyer accounts for at least 30 per cent of the supplier’s turnover;
Amendment 265 #
Proposal for a directive
Article 2 – paragraph 1 – point c
Article 2 – paragraph 1 – point c
Amendment 282 #
Proposal for a directive
Article 2 – paragraph 1 – point e
Article 2 – paragraph 1 – point e
(e) “perishable food products” means food products that will become unfit for humagricultural and food products which are naturally suitable for commercialization and consumption unless they are stored, treated, packaged or otherwise conserved to prevent them from becoming unfit.for a period of up to thirty days or that require regulated temperature or packaging conditions for storage, and / or commercialisation and / or transportation;
Amendment 300 #
Proposal for a directive
Article 2 – paragraph 1 – point e a (new)
Article 2 – paragraph 1 – point e a (new)
(e a) “non-perishable products” means products other than those indicated in point e.
Amendment 313 #
Proposal for a directive
Article 3 – paragraph 1 – point a a (new)
Article 3 – paragraph 1 – point a a (new)
(a a) a buyer pays a supplier for non- perishable products later than 60 calendar days after the receipt of the supplier’s invoice or later than 60 calendar days after the date of delivery of the perishable food products, whichever is the later.This prohibition is 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 to agree on a value sharing clause within the meaning of Article 172 a) of Regulation (EU) No1308/2013.
Amendment 374 #
Proposal for a directive
Article 3 – paragraph 1 – point d a (new)
Article 3 – paragraph 1 – point d a (new)
(da) a buyer sells agriculture or food products below cost;
Amendment 392 #
Proposal for a directive
Article 3 – paragraph 1 – point d d (new)
Article 3 – paragraph 1 – point d d (new)
(dd) a buyer retaliates or threatens to retaliate commercially against the supplier, by means of practices such as delisting of products, stopping data sharing services, excessive promotions, delayed payments, unilateral deductions and/or blocking of promotions, in order to obtain better conditions under existing contracts or when negotiating a new contract;
Amendment 401 #
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 an unjustified or disproportionate transfer of its economic risks to the supplier;
Amendment 403 #
Proposal for a directive
Article 3 – paragraph 1 – point d c (new)
Article 3 – paragraph 1 – point d c (new)
(dc) a buyer shares with third parties, or misuses, intentionally or by negligence, confidential information related to the supply contract, including trade secrets shared with the buyer by the supplier;
Amendment 527 #
Proposal for a directive
Article 4 – paragraph 1
Article 4 – paragraph 1
Each Member State shall designate a single public authority to enforce the prohibitions laid down in Article 3 at national level ("enforcement authority").
Amendment 549 #
Proposal for a directive
Article 5 – paragraph 1 – subparagraph 1 (new)
Article 5 – paragraph 1 – subparagraph 1 (new)
A supplier may submit a complaint to the enforcement authority of the Member State in which the supplier is established. The enforcement authority of that Member State shall forward the 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 570 #
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 anys well as 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.
Amendment 582 #
Proposal for a directive
Article 5 – paragraph 4 a (new)
Article 5 – paragraph 4 a (new)
4 a. The enforcement authority shall establish a reasonable time period to initiate and conduct investigations and, upon completion, take a reasoned decision and inform the parties of its decision.
Amendment 628 #
Proposal for a directive
Article 6 a (new)
Article 6 a (new)
Article 6a Penalties 1. Member States shall impose penalties for the infringements of this Directive. The minimum amount of the penalty imposed shall be at least 2% of the global buyer’s turnover according to their last financial statement report. 2. In case a buyer repeats the same unfair trading practice, the amount of the penalty imposed shall be equivalent to the one referred to in paragraph 1 increased by 20% for every repeated infringement.
Amendment 644 #
Proposal for a directive
Article 7 a (new)
Article 7 a (new)
Amendment 650 #
Proposal for a directive
Article 8 – paragraph 1
Article 8 – paragraph 1
Member States may provide for rules designed to combat unfair trading practices going beyond those set out in Articles 3, 5, 6 and 7,is Directive provided that such national rules are compatible with the rules on the functioning of the internal market.
Amendment 666 #
Proposal for a directive
Article 11 – paragraph 1
Article 11 – 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.