Activities of Robert ROCHEFORT related to 2015/2065(INI)
Plenary speeches (1)
Unfair trading practices in the food supply chain (A8-0173/2016 - Edward Czesak) FR
Shadow reports (1)
REPORT on unfair trading practices in the food supply chain PDF (350 KB) DOC (143 KB)
Amendments (20)
Amendment 8 #
Motion for a resolution
Recital B
Recital B
B. having regard to the size and strategic importance of the food supply chain for the European Union; whereas the sector employs over 47 million people in the EU, and whereas the total value of the EU market for products connected with the retail food trade is estimated at EUR 1.05 billion; whereas 99.1% of undertakings in the food and drink sector are SMEs and microenterprises;
Amendment 10 #
Motion for a resolution
Recital C
Recital C
C. whereas the food trade has an increasingly significant cross-border dimension and is of particular importance for the functioning of the internal market; whereas cross-border trade between the EU Member States accounts for 20% of the EU’s total food and drink production; whereas 70% of all Member States’ food exports are to other Member States;
Amendment 61 #
Motion for a resolution
Recital J a (new)
Recital J a (new)
Ja. whereas European competition law should permit consumers to benefit from a wide range of quality products at competitive prices, while ensuring that undertakings have an incentive to invest and innovate by giving them a fair chance to promote the advantages of their products without being unduly forced out of the market by UTPs;
Amendment 133 #
Motion for a resolution
Paragraph 10
Paragraph 10
10. Points out that UTPs imposed by parties in a stronger bargaining position clearly have a negative impact; stresses that UTPs can hamper investment and product innovation, thus impairing the quality, variety and innovative character of products supplied to consumers;
Amendment 163 #
Motion for a resolution
Paragraph 12
Paragraph 12
12. Acknowledges, nonetheless, that voluntary and self-regulatory schemes are not enoughmay prove insufficient to put an end to UTPs once and for all, owing to the lack of effective enforcement mechanisms; with that in mind, awaits the results of the Commission’s assessment to see what lessons can be learnt from it;
Amendment 196 #
Motion for a resolution
Paragraph 15
Paragraph 15
15. Reaffirms that free and fair competition, freedom to contract and proper enforcement of the relevant legislation, making it possible to protect all economic actors of all sizes operating within the food supply chain, are of key importance in ensuring the proper functioning of the food supply chain;
Amendment 200 #
Motion for a resolution
Paragraph 16
Paragraph 16
16. Points out that taking advantage of a stronger bargaining position to impose UTPs is a violation of the principle of freedom to contract, as the stronger party has more say in the shape that the business relationship is to take and can unilaterally impose terms that disproportionately serve its own financial interests, and the weaker party often has no option other than to agree to those terms; believes that steps need to be taken to build mutual trust between supply chain partners, on the basis of the principles of freedom to contract, equivalence of benefits and freedom to take advantage of those benefits;
Amendment 210 #
Motion for a resolution
Paragraph 17
Paragraph 17
17. Urges the Commission to submit specific proposals for EU legislation banning UTPs in the food supply chain that willIntends to carry out an in-depth examination of the Commission’s evaluation of existing national rules seeking to combat and ban UTPs in the food supply chain and learn the necessary lessons, particularly with a view to assessing whether European legislation is an appropriate tool to combat UTPs, enable markets to operate as they should and fair and transparent relations to be maintained between food producers, suppliers and distributors;
Amendment 233 #
Motion for a resolution
Paragraph 18
Paragraph 18
18. Suggests that work should begin on EU rules on the establishment or recognition of nationalRecommends that the Member States establish public agencies with responsibility for enforcing laws to combat unfair practices in the food supply chain and ensuring that they have the means to carry out their tasks; takes the view that public agencies of this kind should be empowered to open and conduct investigations on their own initiative andor on the basis of informal information and complaints dealt with on a confidential basis (thus overcoming the fear factor), as well as to impose penalties; also stresses that these national authorities should be encouraged to coordinate among themselves and share relevant information, particularly on good practice, and expertise concerning new types of UTPs;
Amendment 244 #
Motion for a resolution
Paragraph 19
Paragraph 19
19. Believes strongly that a single, clear, precise and binding definition of UTPs should be drawn up, so as to allow effective rules to be laid down with a view to combating such practices;
Amendment 251 #
Motion for a resolution
Paragraph 20
Paragraph 20
20. Calls for due account to be taken, win then drafting of any rules in this area, of the specific features of each market and the legal requirements obtaining on it, the different situations and approaches in individual Member States, the degree of consolidation or fragmentation of individual markets, and other significant factors; takes the view that suchany regulatory efforts in this area should ensure that there is relatively broad discretion to tailor the measures to be taken to the specific features of each market and should be based on the general principle of improving enforcement by involving the relevant public agencies;
Amendment 264 #
Motion for a resolution
Paragraph 21
Paragraph 21
21. Calls on the Commission to assess the voluntary and self-regulatory schemes put in place to date (particularly as regards the number and proportion of the problem cases between different actors in the food supply chain resolved by this route) and the effectiveness of the regulatory action taken at national and EU level; expects to be notified of the results of this assessment; calls for an assessment of the likely impact of the various types of EU regulatory action that have been proposed, with due account being taken of all the possible implications for the various stakeholders and for consumer welfare;
Amendment 273 #
Motion for a resolution
Citation 1 a (new)
Citation 1 a (new)
- having regard to the report from the Commission to the European Parliament and the Council on unfair business-to- business trading practises in the food supply chain (COM (2016) 32),
Amendment 288 #
Motion for a resolution
Recital A
Recital A
A. whereas unfair trading practices (UTPs) are a problem attested to by all entities in the food supply chain and by many national competition authorities; whereas the Commission's report of 29 January 2016 on unfair business-to-business trading practices in the food supply chain confirms that those practices can occur at every stage of the food supply chain; whereas the Commission and Parliament have repeatedly drawn attention to the problem of UTPs;
Amendment 304 #
Motion for a resolution
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Welcomes the report by the Commission on unfair business-to- business trading practices in the food supply chain, as well as the long-expected accompanying study on the monitoring of the implementation of principles of good practices in vertical relationship in the food supply chain;
Amendment 352 #
Motion for a resolution
Paragraph 12
Paragraph 12
12. Acknowledges, nonetheless, that voluntary and self-regulatory schemes are not enough to put an end to UTPs once and for all, owing to the lack of effective enforcement mechanisms; require independent and effective enforcement mechanisms, as well as appropriate and impartial governance structures, in order to put an end to UTPs once and for all;
Amendment 354 #
Motion for a resolution
Paragraph 12 a (new)
Paragraph 12 a (new)
12a. Urges the Commission to follow-up its recommendations from its report of 29 January 2016 on unfair business-to- business trading practices in the food supply chain, to increase the credibility and effectiveness of the Supply Chain Initiative (SCI) by requiring the relevant stakeholders to: a. improve awareness of the SCI, especially among SMEs, b. ensure the impartiality of the SCI's governance structure, c. allow alleged victims of UTPs to complain confidentially, and d. grant investigatory and sanctioning power to independent bodies;
Amendment 369 #
Motion for a resolution
Paragraph 17
Paragraph 17
17. UrgeSupports the Commission to submit specific proposals for EU legislation banning UTPs in the food supply chain that will enable markets to oper's efforts in assessing the effectiveness and credibility of available mechanisms for the enforcement of rules against UTPs in Member States; agrees with the Commission thate as they should and fair and transparent relations to be maintained between food producers, suppliers and distributort this stage, there is no added value of a specific harmonized regulatory approach at EU level, given the fact that the large majority of Member States have introduced regulatory measures and public enforcement mechanisms;
Amendment 388 #
Motion for a resolution
Paragraph 20
Paragraph 20
20. Calls for due account to be taken, when drafting rules in this area,Notes that, in adopting measures to counter unfair trading practices within the food supply chain, due account must be taken of the specific features of each market and the legal requirements obtaining on it, the different situations and approaches in individual Member States, the degree of consolidation or fragmentation of individual markets, and other significant factors; takes the view that such regulatory efforts shouldit is necessary to ensure that there is relatively broad discretion to tailor the measures to be taken to the specific features of each market and should be based on the general principle of improving enforcement by involving the relevant public agencies and/or competent national bodies and platforms;
Amendment 391 #
Motion for a resolution
Paragraph 21
Paragraph 21
21. Calls on the Commission to assesscontinue to assess closely the effectiveness of the voluntary and self-regulatory schemes put in place to date and the effectivenessand of the regulatory action taken at national and EU level; calls for an assessment of the likely impact of the various types of EU regulatory action that have been proposed, with due account being taken of all the possible implications for the various stakeholders and for consumer welfarelevel to combat unfair trading practices; expects the results of the review to be communicated before 2019, focusing in particular on the creation of national platforms and follow-up to the recommendations made in the report of 29 January 2016 (COM (2016) 32) by the various stakeholders, particularly the SCIs;