28 Amendments of Peter JAHR related to 2018/0082(COD)
Amendment 70 #
Proposal for a directive
Recital 5
Recital 5
(5) The number and size of operators vary across the different stages of the agricultural and 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 particulareven more harmful for small and medium-sized operators in the agricultural and food supply chain. Agricultural producers, who supply primary agricultural products, are largelyoften small and medium- sized. sized, but all suppliers irrespective of size are susceptible to unfair trading practices.
Amendment 83 #
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 agricultural and 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 and cooperatives. The financial pressure caused by unfair trading practices often passes through the chain and reaches agricultural producers, and therefore 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 94 #
Proposal for a directive
Recital 9
Recital 9
Amendment 126 #
Proposal for a directive
Recital 12
Recital 12
(12) When deciding whether an individual trading practice is considered unfair it is important to reduce the risk of limiting the use of fair and efficiency- creating agreements agreed between parties. As a result, it is appropriate to distinguish practices that are foreseen in clear and unambiguous terms in supply agreements between parties from practices that occur after the transaction has started without being agreed in advance in clear and unambiguous terms, so that only unilateral and retrospective changes to those relevant terms of the supply agreement are prohibited. However, certain trading practices are considered as unfair by their very nature and should not be subject to the parties’ contractual freedom to deviate from them. In addition, suppliers should not be put under duress when agreeing to a supply agreement.
Amendment 139 #
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 agricultural and food supply chain. Where a complainant requests that his identity remain confidential because of fear of retaliation, the enforcement authorities of the Member States should honour such a requestguarantee the complainant's anonymity.
Amendment 147 #
Proposal for a directive
Recital 14
Recital 14
(14) Complaints by producer organisations or associations of such organisations can serve to protect the identity of individual members of the organisation who are small and medium- sized suppliers and consider themselves exposed to unfair trading practices. Enforcement authorities of the Member States should therefore be able to accept and act upon complaints by such entities while protecting the procedural rights of the defendant.
Amendment 167 #
Proposal for a directive
Recital 16
Recital 16
(16) To facilitate effective enforcement, the Commission should helpcoordinate and organise meetings between the enforcement authorities of the Member States where best practices can be exchanged and relevant information can be shared. The Commission should establish and manage a website to facilitate those exchanges.
Amendment 171 #
Proposal for a directive
Recital 19
Recital 19
(19) In the interest of an effective implementation of the policy in respect of unfair trading practices in business-to- business relationships in the food supply chain, the Commission should review the application of this Directive and submit a report to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions. The review should also pay particular attention to whether protection of small and medium-sized buyers of food products in the supply chain – in addition to the protection of small and medium sized suppliers – in the future would be justified,
Amendment 189 #
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 agricultural and food products by a supplier that is a small and medium-sized enterprise to a buyer that is not a small and medium-sized enterpriseo a buyer.
Amendment 198 #
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 enterprisepurchase of agricultural and food products by a buyer from a supplier and the subsequent sale of these products.
Amendment 246 #
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 establishment, who sells agricultural and food 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 and cooperatives;
Amendment 289 #
Proposal for a directive
Article 2 – paragraph 1 – point e
Article 2 – paragraph 1 – point e
(e) “perishable food products” means fresh agricultural or food products that will become unfit for human consumption or intended use unless they are stored, treated, packaged or otherwise conserved to prevent them from becoming unfit.
Amendment 306 #
Proposal for a directive
Article 3 – paragraph 1 – introductory part
Article 3 – paragraph 1 – introductory part
1. Member States shall ensure that at the minimum the following unfair trading practices are prohibited:
Amendment 347 #
Proposal for a directive
Article 3 – paragraph 1 – point c
Article 3 – paragraph 1 – point c
(c) a buyer unilaterally and retroactively changes the terms of the supply agreement concerning the frequency, timing or volume of the supply or delivery, the quality standards or the prices of the food products, or the terms of payment;
Amendment 357 #
Proposal for a directive
Article 3 – paragraph 1 – point c a (new)
Article 3 – paragraph 1 – point c a (new)
(ca) unilateral termination of supply contracts in response to falling prices.
Amendment 359 #
Proposal for a directive
Article 3 – paragraph 1 – point c b (new)
Article 3 – paragraph 1 – point c b (new)
(cb) discount schemes and listing fees.
Amendment 360 #
Proposal for a directive
Article 3 – paragraph 1 – point c c (new)
Article 3 – paragraph 1 – point c c (new)
(cc) mergers to form retail and wholesale purchasing groups.
Amendment 361 #
Proposal for a directive
Article 3 – paragraph 1 – point c d (new)
Article 3 – paragraph 1 – point c d (new)
(cd) provisions laid down by the buyer regarding environmental protection and animal welfare standards which are more stringent than the relevant legal provisions in force.
Amendment 363 #
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 occurs owhen the agricultural and food products are in the buyer's premisesownership and that is not caused by the negligence or fault of the supplier.
Amendment 375 #
Proposal for a directive
Article 3 – paragraph 1 – point d a (new)
Article 3 – paragraph 1 – point d a (new)
(da) A buyer sells certain products at a loss as a marketing mechanism and the loss or cost is ultimately borne by the supplier;
Amendment 393 #
Proposal for a directive
Article 3 – paragraph 1 – point d d (new)
Article 3 – paragraph 1 – point d d (new)
Amendment 402 #
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 otherwise, confidential information relating to the supply agreement, including sensitive trade information shared by the supplier with the buyer;
Amendment 459 #
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 agreement:
Amendment 591 #
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 complaint, including anonymous complaints or complaints from whistleblowers;
Amendment 596 #
Proposal for a directive
Article 6 – paragraph 1 – point b a (new)
Article 6 – paragraph 1 – point b a (new)
(ba) With a view to improving the functioning of the agri-food supply chain, in the event of a dispute between a supplier and a buyer stemming from the employment of an unfair trading practice within the meaning of Article 2(a) Member States must offer all parties a mediation procedure or an alternative dispute resolution mechanism and the Commission should facilitate dialogue and exchanges of proven practice among all parties at Union level.
Amendment 603 #
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 fineand if necessary other dissuasive sanctions on the natural or legal person found to have made an infringement of this Directive, in accordance with national law. The fine and, if necessary, the sanction shall be effective, proportionate and dissuasive taking into account the nature, duration and gravity of the infringement as well as any previous and repeated infringements of this Directive;
Amendment 667 #
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.
Amendment 669 #
Proposal for a directive
Article 11 – paragraph 1 a (new)
Article 11 – paragraph 1 a (new)