18 Amendments of Anna Maria CORAZZA BILDT related to 2018/0082(COD)
Amendment 49 #
Proposal for a directive
Recital 2 a (new)
Recital 2 a (new)
(2a) In 2010, the Commission-led High Level Forum endorsed a set of principles of good practice in vertical relations in the food supply chain agreed by business organisations representing all links in the food supply chain, including farmers. These principles became the basis for the Supply Chain Initiative, launched in 2013.
Amendment 59 #
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. Where reliance on contract law or self-regulatory initiatives is possible, fear of retaliation against a complainant limits the practical value of these forms ofFear of retaliation against a complainant is often invoked as an issue in seeking redress. 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 62 #
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 87 #
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 impose fines and the publication of investigation results, can encourage behavioural change and pre-litigation solutions between the parties andpenalties, should therefore be part of the powers of the enforcement authorities. Penalties should be proportionate and non-discriminatory. 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 88 #
Proposal for a directive
Recital 15 a (new)
Recital 15 a (new)
(15a) National authorities should encourage operators to make use of established mediation services where available and facilitate dialogue among stakeholders as a means of improving the governance of the food supply chain.
Amendment 90 #
Proposal for a directive
Recital 17
Recital 17
(17) The rules laid down in this Directive should not impair the possibility for the Member States to maintain existing rules that are further-reaching or to adopt such rules in the future, subject to the limits of Union law applicable to the functioning of the internal market. The rules should be subject to a pre- notification procedure and would apply alongside voluntary governance measures.
Amendment 161 #
Proposal for a directive
Article 3 – paragraph 1 – point d
Article 3 – paragraph 1 – point d
Amendment 203 #
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 at the conclusion of the supply agreementby the parties:
Amendment 217 #
Proposal for a directive
Article 3 – paragraph 2 – point d a (new)
Article 3 – paragraph 2 – point d a (new)
(da) a supplier pays for the wastage of food products that occur on the buyer's premises and that is not caused by the negligence or fault of the supplier.
Amendment 235 #
Proposal for a directive
Article 5 – paragraph 1
Article 5 – paragraph 1
1. A supplier shall make use of established mediation services where available. If this is inappropriate or does not resolve the issue, the 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 established.
Amendment 249 #
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. Throughout the procedure, the authorities shall guarantee the confidentiality of the process and of any sensitive information, while protecting the procedural rights of the defendant.
Amendment 256 #
Proposal for a directive
Article 5 – paragraph 4
Article 5 – paragraph 4
4. WThe enforcement authority shall ensure that the complaint has substance and merit and that the complainant has provided concrete and demonstrable evidence; where the enforcement authority considers that there are insufficient grounds for acting on a complaint, it shall inform the complainant about the reasons.
Amendment 272 #
Proposal for a directive
Article 6 – paragraph 1 – point d
Article 6 – paragraph 1 – point d
(d) to impose a pecuniary finenalty on the author of the infringement. The finepenalty shall be effective, proportionate to the harm caused and dissuasive taking into account the nature, duration and gravity of the infringement. Enforcement authorities shall seek the termination of the practice;
Amendment 284 #
Proposal for a directive
Article 7 – paragraph 3 a (new)
Article 7 – paragraph 3 a (new)
3a. The Commission shall involve all relevant stakeholders in discussions of the application of this Directive, with a view to facilitating dialogue and exchange of good practice.
Amendment 287 #
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, provided that such national rules are compatible with the rules on the functioning of the internal market, including the free movement of goods and services and the freedom of establishment, non-discrimination and access to impartial and independent judicial review.
Amendment 290 #
Proposal for a directive
Article 8 – paragraph 1 a (new)
Article 8 – paragraph 1 a (new)
Any new national rules going beyond the provisions of this Directive shall be notified to the Commission three months ahead of their application pending consideration by the Commission under the procedure set out in Articles 5 and 6 of Directive (EU) 2015/1535.
Amendment 293 #
Proposal for a directive
Article 9 – paragraph 1 – subparagraph 1 a (new)
Article 9 – paragraph 1 – subparagraph 1 a (new)
Member State authorities shall engage in discussion with all relevant stakeholders, including consumer organisations, on the functioning of the supply chain in their Member State and the effectiveness of their actions in meeting the objectives of this Directive.
Amendment 298 #
Proposal for a directive
Article 11 – paragraph 3
Article 11 – paragraph 3
3. Six18 months after the date of transposition of this Directive, the Commission shall present an intermediary report on the state of its transposition and implementation to the European Parliament and to the Council as well as to the European Economic and Social Committee and the Committee of the Regions.