Sittings · Document
Draft report (COM(2024)0576 – 2024/0318(COD)) 2025-05-20
Cooperation among enforcement authorities responsible for the enforcement of Directive (EU) 2019/633 on unfair trading practices in business-to-business relationships in the agricultural and food supply chain
Committee on Agriculture and Rural Development
Amendment 51
Martin Häusling
on behalf of the Greens/EFA Group
Proposal for a regulation
Recital 1
| Text proposed by the Commission | Amendment |
| (1) Directive (EU) 2019/633 of the European Parliament and of the Council3 introduced a minimum Union standard of protection against unfair trading practices to reduce the occurrence of practices which are likely to have a negative impact on the living standards of the agricultural community. | (1) Directive (EU) 2019/633 of the European Parliament and of the Council3 introduced a minimum Union standard of protection against unfair trading practices to reduce the occurrence of practices which are likely to have a negative impact on the living standards of the agricultural community, and negative consequences on farmers and workers, such as lower profits, higher-than-estimated costs, food overproduction and wastage, and financial planning difficulties. These practices undermine the sustainability of the agricultural sector and, ultimately, limit consumer choice. Strengthened coordination mechanism between national authorities at the EU level is essential to ensure consistent and effective enforcement of these standards and to prevent any form of social or environmental dumping. Furthermore, strict enforcement is crucial to ensuring fair competition and a level playing field in the internal market. The Commission should therefore consider expanding the list of banned unfair trading practices to better protect the most vulnerable suppliers and guarantee fair trade within the food supply chain, including to prohibit resale at loss |
| _________________ | _________________ |
| 3 Directive (EU) 2019/633 of the European Parliament and of the Council of 17 April 2019 on unfair trading practices in business-to-business relationships in the agricultural and food supply chain (OJ L 111, 25.4.2019, p. 59, ELI: http://data.europa.eu/eli/dir/2019/633/oj). | 3 Directive (EU) 2019/633 of the European Parliament and of the Council of 17 April 2019 on unfair trading practices in business-to-business relationships in the agricultural and food supply chain (OJ L 111, 25.4.2019, p. 59, ELI: http://data.europa.eu/eli/dir/2019/633/oj). |
Or. en
Amendment 52
Valérie Hayer, Charles Goerens, Ciaran Mullooly, Christine Singer, Elsi Katainen
Proposal for a regulation
Recital 1 a (new)
| Text proposed by the Commission | Amendment |
| (1 a) The first evaluation of directive 2019/633 is expected by 1 November 2025. The 2024 Report on the enforcement of the directive showed the persistance of imbalances within the agri-food chain, which increases the expectation for a proposal to amend the directive in order to ensure sufficient bargaining powers to all stakeholders |
Or. en
Amendment 53
Paulo Do Nascimento Cabral
Proposal for a regulation
Recital 2 a (new)
| Text proposed by the Commission | Amendment |
| (2 a) Having regard to Article 12 of Directive (EU) 2019/633 of the European Parliament and of the Council on Unfair Trading Practices, which states that the Commission shall carry out the first evaluation of this Directive and shall present a report on the main findings of that evaluation by 1 November 2025; |
Or. en
Amendment 54
Paulo Do Nascimento Cabral
Proposal for a regulation
Recital 2 b (new)
| Text proposed by the Commission | Amendment |
| (2 b) Having regard to the findings of the 2024 Report on the enforcement of the Directive (EU) 2019/633 which shows the fragmentation of the EU legal landscape and the persistence of increasing imbalanced bargaining power in the EU agri-food chain, and hence the need for a legislative proposal amending the Directive; having regard to the answers to the consultation of the European Commission on the review of the directive, in which numerous respondents called for a review to extend the scope to all operators no matter their size; |
Or. en
Amendment 55
Martin Häusling, David Cormand
on behalf of the Greens/EFA Group
Proposal for a regulation
Recital 3
| Text proposed by the Commission | Amendment |
| (3) Due to the principle of territoriality, enforcement authorities may face difficulties gathering information, finding an infringement and imposing and enforcing fines and other equally effective penalties where a buyer is established in another Member State. Such difficulties affect the system of enforcement established by Directive (EU) 2019/633, which depends on cooperation between enforcement authorities, and may lead to an uneven enforcement of unfair trading practices, undermining the protection for suppliers of agricultural and food products intended by that Directive. It is therefore appropriate to establish rules strengthening cooperation between enforcement authorities in cross-border cases. | (3) Due to the principle of territoriality, enforcement authorities may face difficulties gathering information, finding an infringement and imposing and enforcing fines and other equally effective penalties where a buyer is established in another Member State. Enforcement authorities encounter similar difficulties as concerns the trading practices of European retail alliances - large transnational entities whose activities have an inherent cross-border component - and their member buyers from different Member States and third countries. Such difficulties affect the system of enforcement established by Directive (EU) 2019/633, which depends on cooperation between enforcement authorities, and may lead to an uneven enforcement of unfair trading practices, undermining the protection for suppliers of agricultural and food products intended by that Directive. It is therefore appropriate to establish rules strengthening cooperation between enforcement authorities in cross-border cases, and, in the event of a disagreement between Member States, empowering the Commission to take on the coordinator role. |
Or. en
Amendment 56
Valérie Hayer, Charles Goerens, Ciaran Mullooly, Christine Singer, Elsi Katainen
Proposal for a regulation
Recital 3
| Text proposed by the Commission | Amendment |
| (3) Due to the principle of territoriality, enforcement authorities may face difficulties gathering information, finding an infringement and imposing and enforcing fines and other equally effective penalties where a buyer is established in another Member State. Such difficulties affect the system of enforcement established by Directive (EU) 2019/633, which depends on cooperation between enforcement authorities, and may lead to an uneven enforcement of unfair trading practices, undermining the protection for suppliers of agricultural and food products intended by that Directive. It is therefore appropriate to establish rules strengthening cooperation between enforcement authorities in cross-border cases. | (3) Due to the principle of territoriality, enforcement authorities may face difficulties gathering information, finding an infringement and imposing and enforcing fines and other equally effective penalties where a buyer is established in another Member State, including when the buyer is a European retail alliance, as they have an inherent cross-border purchasing strategy, even when the acquired goods are intended for the market of the Member State of origin. Such difficulties affect the system of enforcement established by Directive (EU) 2019/633, which depends on cooperation between enforcement authorities, and may lead to an uneven enforcement of unfair trading practices, undermining the protection for suppliers of agricultural and food products intended by that Directive. It is therefore appropriate to establish rules strengthening cooperation between enforcement authorities in cross-border cases. This would contribute to strengthening farmers’ position in the supply chain and thus ensuring them a fairer and more stable standard of living. |
Or. en
Amendment 57
Paulo Do Nascimento Cabral
Proposal for a regulation
Recital 3
| Text proposed by the Commission | Amendment |
| (3) Due to the principle of territoriality, enforcement authorities may face difficulties gathering information, finding an infringement and imposing and enforcing fines and other equally effective penalties where a buyer is established in another Member State. Such difficulties affect the system of enforcement established by Directive (EU) 2019/633, which depends on cooperation between enforcement authorities, and may lead to an uneven enforcement of unfair trading practices, undermining the protection for suppliers of agricultural and food products intended by that Directive. It is therefore appropriate to establish rules strengthening cooperation between enforcement authorities in cross-border cases. | (3) Due to the principle of territoriality, enforcement authorities may face difficulties gathering information, finding an infringement and imposing and enforcing fines and other equally effective penalties where a buyer is established in another Member State. This is particularly true for European retail alliances, which are very large transnational entities whose practices have an inherent cross-border component. Such difficulties affect the system of enforcement established by Directive (EU) 2019/633, which depends on cooperation between enforcement authorities, and may lead to an uneven enforcement of unfair trading practices, undermining the protection for suppliers of agricultural and food products intended by that Directive. It is therefore appropriate to establish rules strengthening cooperation between enforcement authorities in cross-border cases. |
Or. en
Amendment 58
Carlo Fidanza, Sergio Berlato, Francesco Ventola
Proposal for a regulation
Recital 3
| Text proposed by the Commission | Amendment |
| (3) Due to the principle of territoriality, enforcement authorities may face difficulties gathering information, finding an infringement and imposing and enforcing fines and other equally effective penalties where a buyer is established in another Member State. Such difficulties affect the system of enforcement established by Directive (EU) 2019/633, which depends on cooperation between enforcement authorities, and may lead to an uneven enforcement of unfair trading practices, undermining the protection for suppliers of agricultural and food products intended by that Directive. It is therefore appropriate to establish rules strengthening cooperation between enforcement authorities in cross-border cases. | (3) Due to the principle of territoriality, enforcement authorities may face difficulties gathering information, finding an infringement and imposing and enforcing fines and other equally effective penalties where a buyer is established in another Member State. This is particularly true for European retail alliances, which are very large transnational entities whose practices have an inherent cross-border component. Such difficulties affect the system of enforcement established by Directive (EU) 2019/633, which depends on cooperation between enforcement authorities, and may lead to an uneven enforcement of unfair trading practices, undermining the protection for suppliers of agricultural and food products intended by that Directive. It is therefore appropriate to establish rules strengthening cooperation between enforcement authorities in cross-border cases. |
Or. en
Amendment 59
Herbert Dorfmann
Proposal for a regulation
Recital 3
| Text proposed by the Commission | Amendment |
| (3) Due to the principle of territoriality, enforcement authorities may face difficulties gathering information, finding an infringement and imposing and enforcing fines and other equally effective penalties where a buyer is established in another Member State. Such difficulties affect the system of enforcement established by Directive (EU) 2019/633, which depends on cooperation between enforcement authorities, and may lead to an uneven enforcement of unfair trading practices, undermining the protection for suppliers of agricultural and food products intended by that Directive. It is therefore appropriate to establish rules strengthening cooperation between enforcement authorities in cross-border cases. | (3) Due to the principle of territoriality, enforcement authorities may face difficulties gathering information, finding an infringement and imposing and enforcing fines and other equally effective penalties where a buyer is established in another Member State. This is particularly relevant for European retail alliances, that have a transnational activities, whose practices have an inherent cross-border component. Such difficulties affect the system of enforcement established by Directive (EU) 2019/633, which depends on cooperation between enforcement authorities, and may lead to an uneven enforcement of unfair trading practices, undermining the protection for suppliers of agricultural and food products intended by that Directive. It is therefore appropriate to establish rules strengthening cooperation between enforcement authorities in cross-border cases. |
Or. en
Amendment 60
Waldemar Buda
Proposal for a regulation
Recital 3
| Text proposed by the Commission | Amendment |
| (3) Due to the principle of territoriality, enforcement authorities may face difficulties gathering information, finding an infringement and imposing and enforcing fines and other equally effective penalties where a buyer is established in another Member State. Such difficulties affect the system of enforcement established by Directive (EU) 2019/633, which depends on cooperation between enforcement authorities, and may lead to an uneven enforcement of unfair trading practices, undermining the protection for suppliers of agricultural and food products intended by that Directive. It is therefore appropriate to establish rules strengthening cooperation between enforcement authorities in cross-border cases. | (3) Due to the principle of territoriality, enforcement authorities may face difficulties gathering information, finding an infringement and imposing and enforcing fines and other equally effective penalties where a buyer is established in another Member State. Such difficulties affect the system of enforcement established by Directive (EU) 2019/633, which depends on cooperation between enforcement authorities, and may lead to an uneven enforcement of unfair trading practices, undermining the protection for suppliers of agricultural and food products intended by that Directive. It is therefore appropriate to establish rules strengthening cooperation between enforcement authorities in cross-border cases, while respecting the legal and administrative autonomy of Member States and existing national case law. |
Or. pl
Amendment 61
Daniel Buda, Dan-Ştefan Motreanu
Proposal for a regulation
Recital 3
| Text proposed by the Commission | Amendment |
| (3) Due to the principle of territoriality, enforcement authorities may face difficulties gathering information, finding an infringement and imposing and enforcing fines and other equally effective penalties where a buyer is established in another Member State. Such difficulties affect the system of enforcement established by Directive (EU) 2019/633, which depends on cooperation between enforcement authorities, and may lead to an uneven enforcement of unfair trading practices, undermining the protection for suppliers of agricultural and food products intended by that Directive. It is therefore appropriate to establish rules strengthening cooperation between enforcement authorities in cross-border cases. | (3) Due to the principle of territoriality, enforcement authorities may face difficulties gathering information, finding an infringement and imposing and enforcing fines and other equally effective penalties where a buyer is established in another Member State. Such difficulties affect the system of enforcement established by Directive (EU) 2019/633, which depends on cooperation between enforcement authorities, and may lead to an uneven enforcement of unfair trading practices, undermining the protection for suppliers of agricultural and food products intended by that Directive. It is therefore appropriate to establish rules strengthening Article 8 of Directive (EU) 2019/633 and to establish uniform rules on cooperation between enforcement authorities in cross-border cases. |
Or. ro
Amendment 62
Luke Ming Flanagan, Sebastian Everding
on behalf of The Left Group
Proposal for a regulation
Recital 3
| Text proposed by the Commission | Amendment |
| (3) Due to the principle of territoriality, enforcement authorities may face difficulties gathering information, finding an infringement and imposing and enforcing fines and other equally effective penalties where a buyer is established in another Member State. Such difficulties affect the system of enforcement established by Directive (EU) 2019/633, which depends on cooperation between enforcement authorities, and may lead to an uneven enforcement of unfair trading practices, undermining the protection for suppliers of agricultural and food products intended by that Directive. It is therefore appropriate to establish rules strengthening cooperation between enforcement authorities in cross-border cases. | (3) Due to the principle of territoriality, enforcement authorities may face difficulties gathering information, finding an infringement and imposing and enforcing fines and other equally effective penalties where a buyer or supplier is established in another Member State or outside the European Union; Such difficulties affect the system of enforcement established by Directive (EU) 2019/633, which depends on cooperation between enforcement authorities, and may lead to an uneven enforcement of unfair trading practices, undermining the protection for suppliers of agricultural and food products intended by that Directive. It is therefore appropriate to establish rules strengthening cooperation between enforcement authorities in cross-border cases. |
Or. en
Amendment 63
Valérie Hayer, Charles Goerens, Ciaran Mullooly, Christine Singer, Elsi Katainen
Proposal for a regulation
Recital 3 a (new)
| Text proposed by the Commission | Amendment |
| (3 a) Given that Directive 2019/633 also aims at protecting against unfair trading practices involving suppliers or buyers from outside the Union, this Regulation should also cover rules for the cooperation between enforcement authorities of Members States as regards unfair trading practices involving sellers and buyers established outside the Union and which are prohibited by the Directive. |
Or. en
Amendment 64
Céline Imart
Proposal for a regulation
Recital 3 a (new)
| Text proposed by the Commission | Amendment |
| (3a) Points out that the findings of the 2024 report on the implementation of Directive (EU) 2019/633 highlight the persistent imbalances within the agri-food value chain; |
Or. fr
Amendment 65
Céline Imart
Proposal for a regulation
Recital 3 b (new)
| Text proposed by the Commission | Amendment |
| (3b) Emphasises the growing influence of European retail alliances, which are large-scale transnational structures bringing together retailers from several Member States, and expresses concern that these alliances might, in practice, circumvent certain national legal provisions and in doing so undermine the coherence of the internal market and exacerbate the imbalances in the agri-food supply chain; emphasises that such alliances might undermine the objectives of Directive (EU) 2019/633, namely to strengthen the position of farmers within the agri-food value chain; |
Or. fr
Amendment 66
Céline Imart
Proposal for a regulation
Recital 3 c (new)
| Text proposed by the Commission | Amendment |
| (3c) Calls on the Commission to bring forward a proposal for the revision of Directive (EU) 2019/633 with a view to stepping up the protection on offer for suppliers by broadening the scope of the directive to include all businesses and by adding the circumvention of national laws via European purchasing alliances to the list of unfair trading practices; |
Or. fr
Amendment 67
Herbert Dorfmann
Proposal for a regulation
Recital 4
| Text proposed by the Commission | Amendment |
| (4) Given that Directive (EU) 2019/633 allows Member States to maintain or introduce stricter national rules against unfair trading practices, it should be clarified that this Regulation does not cover those rules. However, the Regulation should allow the Member States to decide that their enforcement authorities can make use of the possibility to exchange information established under the mutual assistance mechanism set out by this Regulation in relation to such rules. In those cases, the enforcement authorities should still have the right to refuse to comply with such a request. | (4) Given that Directive (EU) 2019/633 allows Member States to maintain or introduce stricter national rules against unfair trading practices, it should be clarified that this Regulation does not cover those rules, unless they qualify as overriding mandatory provisions within the meaning of Article 9 of “Rome 1” Regulation (EU) 593/2008, just as are the prohibitions laid down in Articles 3(1) and (2) of Directive (EU) 2019/633 pursuant to Article 3(4) of that Directive. However, the Regulation should allow the Member States to decide that their enforcement authorities can make use of the possibility to exchange information established under the mutual assistance mechanism set out by this Regulation in relation to such rules. In those cases, the enforcement authorities should still have the right to refuse to comply with such a request, except when it concerns the breach of overriding mandatory provisions within the meaning of Article 9 of Regulation (EU) 593/20082 aimed at guaranteeing the sustainable supply of high-quality food products to consumers. |
Or. en
Amendment 68
Carlo Fidanza, Sergio Berlato, Francesco Ventola
Proposal for a regulation
Recital 4
| Text proposed by the Commission | Amendment |
| (4) Given that Directive (EU) 2019/633 allows Member States to maintain or introduce stricter national rules against unfair trading practices, it should be clarified that this Regulation does not cover those rules. However, the Regulation should allow the Member States to decide that their enforcement authorities can make use of the possibility to exchange information established under the mutual assistance mechanism set out by this Regulation in relation to such rules. In those cases, the enforcement authorities should still have the right to refuse to comply with such a request. | (4) Given that Directive (EU) 2019/633 allows Member States to maintain or introduce stricter national rules against unfair trading practices, it should be clarified that this Regulation does not cover those rules, unless they qualify as overriding mandatory provisions within the meaning of Article 9 of “Rome 1” Regulation (EU) 593/2008, just as are the prohibitions laid down in Articles 3(1) and (2) of Directive (EU) 2019/633 pursuant to Article 3(4) of that Directive. However, the Regulation should allow the Member States to decide that their enforcement authorities can make use of the possibility to exchange information established under the mutual assistance mechanism set out by this Regulation in relation to such rules. In those cases, the enforcement authorities should still have the right to refuse to comply with such a request, except when it concerns the breach of overriding mandatory provisions within the meaning of Article 9 of Regulation (EU) 593/20082 aimed at guaranteeing the sustainable supply of high-quality food products to consumers. |
Or. en
Amendment 69
David Cormand
Proposal for a regulation
Recital 4
| Text proposed by the Commission | Amendment |
| (4) Given that Directive (EU) 2019/633 allows Member States to maintain or introduce stricter national rules against unfair trading practices, it should be clarified that this Regulation does not cover those rules. However, the Regulation should allow the Member States to decide that their enforcement authorities can make use of the possibility to exchange information established under the mutual assistance mechanism set out by this Regulation in relation to such rules. In those cases, the enforcement authorities should still have the right to refuse to comply with such a request. | (4) Given that Directive (EU) 2019/633 allows Member States to maintain or introduce stricter national rules against unfair trading practices, it should be clarified that this Regulation does not cover those rules, unless they qualify as overriding mandatory provisions within the meaning of Article 9 of “Rome 1” Regulation (EU) 593/2008, just as are the prohibitions laid down in Articles 3(1) and (2) of Directive (EU) 2019/633 pursuant to Article 3(4) of that Directive. However, the Regulation should allow the Member States to decide that their enforcement authorities can make use of the possibility to exchange information established under the mutual assistance mechanism set out by this Regulation in relation to such rules. In those cases, the enforcement authorities should still have the right to refuse to comply with such a request, unless the stricter national rules are overriding mandatory provisions within the meaning of Article 9 of “Rome 1” Regulation (EU) 593/2008. |
Or. en
Amendment 70
Valérie Hayer, Charles Goerens, Ciaran Mullooly, Christine Singer
Proposal for a regulation
Recital 4
| Text proposed by the Commission | Amendment |
| (4) Given that Directive (EU) 2019/633 allows Member States to maintain or introduce stricter national rules against unfair trading practices, it should be clarified that this Regulation does not cover those rules. However, the Regulation should allow the Member States to decide that their enforcement authorities can make use of the possibility to exchange information established under the mutual assistance mechanism set out by this Regulation in relation to such rules. In those cases, the enforcement authorities should still have the right to refuse to comply with such a request. | (4) Given that Directive (EU) 2019/633 allows Member States to maintain or introduce stricter national rules against unfair trading practices, it should be clarified that this Regulation does not cover those rules. However, the Regulation should allow the Member States to decide that their enforcement authorities can make use of the possibility to exchange information established under the mutual assistance mechanism set out by this Regulation in relation to such rules. In those cases, the enforcement authorities should still have the right to refuse to comply with such a request, except when it concerns the breach of overriding mandatory provisions in the meaning of article 9 of the Rome 1 Regulation 2008/593 aimed at guaranteeing the sustainable supply of food products to consumers and stable supply chains. |
Or. en
Amendment 71
Luke Ming Flanagan, Sebastian Everding
on behalf of The Left Group
Proposal for a regulation
Recital 4
| Text proposed by the Commission | Amendment |
| (4) Given that Directive (EU) 2019/633 allows Member States to maintain or introduce stricter national rules against unfair trading practices, it should be clarified that this Regulation does not cover those rules. However, the Regulation should allow the Member States to decide that their enforcement authorities can make use of the possibility to exchange information established under the mutual assistance mechanism set out by this Regulation in relation to such rules. In those cases, the enforcement authorities should still have the right to refuse to comply with such a request. | (4) Given that Directive (EU) 2019/633 allows Member States to maintain or introduce stricter national rules against unfair trading practices, it should be clarified that this Regulation does not cover those rules. However, the Regulation should allow the Member States to decide that their enforcement authorities can make use of the possibility to exchange information established under the mutual assistance mechanism set out by this Regulation in relation to such rules. In those cases, the enforcement authorities should still have the right to refuse to comply with such a request, if the refusal is motivated by reasons listed in this proposal under Art. 10 of this regulation. |
Or. en
Amendment 72
Valérie Deloge, Marie Dauchy, Tomáš Kubín, Mireia Borrás Pabón
Proposal for a regulation
Recital 4
| Text proposed by the Commission | Amendment |
| (4) Given that Directive (EU) 2019/633 allows Member States to maintain or introduce stricter national rules against unfair trading practices, it should be clarified that this Regulation does not cover those rules. However, the Regulation should allow the Member States to decide that their enforcement authorities can make use of the possibility to exchange information established under the mutual assistance mechanism set out by this Regulation in relation to such rules. In those cases, the enforcement authorities should still have the right to refuse to comply with such a request. | (4) Given that Directive (EU) 2019/633 allows Member States to maintain or introduce stricter national rules against unfair trading practices, it should be clarified that this Regulation does not cover those rules. However, the Regulation should allow the Member States to decide that their enforcement authorities can make use of the possibility to exchange information established under the mutual assistance mechanism set out by this Regulation in relation to such rules. In those cases, the enforcement authorities should still have the right to refuse to comply with such a request, provided that a reason for the refusal is given. |
Or. fr
Amendment 73
Jessika Van Leeuwen
Proposal for a regulation
Recital 4 a (new)
| Text proposed by the Commission | Amendment |
| (4 a) In order to safeguard the level playing field on the internal market, Member States should not be obliged to assist in the enforcement of unfair-trading-practice prohibitions that go beyond the harmonised Union list. |
Or. en
Amendment 74
Bert-Jan Ruissen
Proposal for a regulation
Recital 5 a (new)
| Text proposed by the Commission | Amendment |
| (5a) Member States should ensure a level playing field, in particular by limiting the costs for agricultural producers of filing a complaint about an unfair commercial practice, and safeguards for ensuring confidentiality, including the possibility of filing an anonymous complaint; |
Or. nl
Amendment 75
Jessika Van Leeuwen
Proposal for a regulation
Recital 5 a (new)
| Text proposed by the Commission | Amendment |
| (5 a) To allow suppliers, in particular smaller farmers, to benefit fully from this Regulation, Member States should carry out information campaigns explaining how and where a complaint can be filed and what procedural safeguards apply. |
Or. en
Amendment 76
Bert-Jan Ruissen
Proposal for a regulation
Recital 5 b (new)
| Text proposed by the Commission | Amendment |
| (5b) In order to ensure that more farmers and gardeners dare to make use of the possibilities available for filing a complaint about unfair commercial practices, and thus increase the effectiveness of the legislation, Member States should ensure that sufficiently clear and accessible information is made available on the possibilities for filing complaints and cross-border complaints, as well as contact details and details on the procedure; |
Or. nl
Amendment 77
Waldemar Buda
Proposal for a regulation
Recital 6
| Text proposed by the Commission | Amendment |
| (6) Enforcement authorities should have the power to provide one another with and use in evidence in accordance with their national law any matter of fact or of law, including confidential information. Information exchanged shall only be used in evidence for the purpose of applying the rules established by Directive (EU) 2019/633 and in respect of the subject-matter for which it was collected by the transmitting authority. | (6) Enforcement authorities should have the power to provide one another with and use in evidence in accordance with their national law any matter of fact or of law, including confidential information. Information exchanged shall only be used in evidence for the purpose of applying the rules established by Directive (EU) 2019/633 and in respect of the subject-matter for which it was collected by the transmitting authority. Particular attention should be paid to information that is confidential or that may constitute a trade secret. The provisions of this Regulation should therefore be applied without prejudice to national provisions on confidentiality and professional and trade secrecy. |
Or. pl
Amendment 78
Daniel Buda, Dan-Ştefan Motreanu
Proposal for a regulation
Recital 6
| Text proposed by the Commission | Amendment |
| (6) Enforcement authorities should have the power to provide one another with and use in evidence in accordance with their national law any matter of fact or of law, including confidential information. Information exchanged shall only be used in evidence for the purpose of applying the rules established by Directive (EU) 2019/633 and in respect of the subject-matter for which it was collected by the transmitting authority. | (6) Enforcement authorities should have the power to provide one another with and use in evidence in accordance with their national law any matter of fact or of law, including confidential information, while respecting the provisions of Regulation 2016/679 and Directive (EU) 2016/943. The transmission of confidential information should be performed on the basis of a single procedure ensuring standardisation of the transmission of information. Information exchanged shall only be used in evidence for the purpose of applying the rules established by Directive (EU) 2019/633 and in respect of the subject-matter for which it was collected by the transmitting authority. |
Or. ro
Amendment 79
Bert-Jan Ruissen
Proposal for a regulation
Recital 6
| Text proposed by the Commission | Amendment |
| (6) Enforcement authorities should have the power to provide one another with and use in evidence in accordance with their national law any matter of fact or of law, including confidential information. Information exchanged shall only be used in evidence for the purpose of applying the rules established by Directive (EU) 2019/633 and in respect of the subject-matter for which it was collected by the transmitting authority. | (6) Enforcement authorities should have the power to provide one another with and use in evidence in accordance with their national law any matter of fact or of law, including confidential information, with full assurance of confidentiality and anonymity if requested by the complainant. Information exchanged shall only be used in evidence for the purpose of applying the rules established by Directive (EU) 2019/633 and in respect of the subject-matter for which it was collected by the transmitting authority. |
Or. nl
Amendment 80
Valérie Deloge, Marie Dauchy, Tomáš Kubín
Proposal for a regulation
Recital 6 a (new)
| Text proposed by the Commission | Amendment |
| (6a) In accordance with the principles of subsidiarity and sovereignty, the Member States are entitled to limit or refuse the cooperation provided for in this Regulation when public economic policy, their institutional autonomy or their agricultural model are likely to be affected. |
Or. fr
Amendment 81
Martin Häusling
on behalf of the Greens/EFA Group
Proposal for a regulation
Recital 7 a (new)
| Text proposed by the Commission | Amendment |
| (7 a) In order to secure smooth cooperation between enforcement authorities, rules on covering costs of measures taken pursuant to this Regulation should be laid down. In order to avoid that requests for mutual assistance result in excessive costs for the requested enforcement authorities, any reasonable additional costs arising for measures taken by the requested enforcement authority, in order to fulfil a request by an applicant authority pursuant to Article 5 or 6 in this Regulation, shall be equally borne between the requested enforcement authority and the applicant authorities. Nevertheless the requested enforcement authority and the applicant authority should be able to recover the costs incurred in relation to the enforcement from the fine collected, either by it or by the national authority responsible for the collection of fine. |
Or. en
Amendment 82
Martin Häusling
on behalf of the Greens/EFA Group
Proposal for a regulation
Recital 8
| Text proposed by the Commission | Amendment |
| (8) Enforcement authorities should inform one another of an unfair trading practice with a cross-border dimension that has occurred or is occurring in their territory. | (8) Enforcement authorities should inform one another and the Commission of an unfair trading practice with a cross-border dimension that has occurred or is occurring in their territory. |
Or. en
Amendment 83
Waldemar Buda
Proposal for a regulation
Recital 9
| Text proposed by the Commission | Amendment |
| (9) Enforcement authorities should be empowered in their own territory and in accordance with their national law to enforce, or initiate proceedings for the enforcement of, final decisions imposing fines or other equally effective penalties on behalf of and for the account of other enforcement authorities, provided that those other enforcement authorities have made reasonable efforts to ascertain that the buyers against which the fines or other equally effective penalties are to be enforced do not have sufficient assets in the Member States of those other enforcement authorities. | (9) Enforcement authorities should be empowered in their own territory and in accordance with their national law to enforce, or initiate proceedings for the enforcement of, final decisions imposing penalties, provided that those other enforcement authorities have made reasonable efforts to ascertain that the buyers against which the penalties are to be enforced do not have sufficient assets in the Member States of those other enforcement authorities. |
Or. pl
Amendment 84
Daniel Buda, Dan-Ştefan Motreanu
Proposal for a regulation
Recital 9 a (new)
| Text proposed by the Commission | Amendment |
| (9a) At the request of an enforcement authority, the Commission should provide explicit clarifications on the cross-border enforcement of administrative penalties, including on the compatibility of limitation periods. |
Or. ro
Amendment 85
Daniel Buda, Dan-Ştefan Motreanu
Proposal for a regulation
Recital 10 a (new)
| Text proposed by the Commission | Amendment |
| (10a) In order to increase the efficiency of cross-border cooperation between enforcement authorities, a procedural mechanism should be established to allow for the prioritisation of urgent requests. In this way, the requested enforcement authority can better manage efforts to provide a response within the prescribed legal time limit, while respecting the principle of good cooperation and in the spirit of effective protection of the legitimate interests of the affected parties in the agricultural and food supply chain. In addition to this, it would be useful to establish a mechanism for managing subsequent requests for clarification, without retaining the 45-day time limit. |
Or. ro
Amendment 86
Waldemar Buda
Proposal for a regulation
Recital 11
| Text proposed by the Commission | Amendment |
| (11) Enforcement authorities should not be entitled to refuse to comply with a request for information or to refuse to participate in enforcement measures unless it is likely that enforcement actions and administrative decisions taken at national level outside the mutual assistance mechanism would ensure cessation of the unfair trading practice with a cross-border dimension. Moreover, enforcement authorities should give reasons for such a refusal. | (11) Enforcement authorities should be entitled to refuse to comply with a request for information and to refuse to participate in enforcement measures in justified and specific cases. Enforcement authorities should in each case give reasons for such a refusal. |
Or. pl
Amendment 87
Krzysztof Hetman
Proposal for a regulation
Recital 13
| Text proposed by the Commission | Amendment |
| (13) With a view to ensuring uniform conditions for the implementation of the measures laid down in this Regulation, implementing powers should be conferred on the Commission to be able to develop standard forms for requests for information or requests for enforcement measures. Those powers should be exercised in accordance with Regulation (EU) No 182/2011 of the European Parliament and of the Council4. In the absence of standard forms developed by the Commission, the enforcement authorities should be entitled to develop such forms to facilitate the mutual assistance mechanism. | (13) With a view to ensuring uniform conditions for the implementation of the measures laid down in this Regulation, implementing powers should be conferred on the Commission to be able to develop standard forms for requests for information or requests for enforcement measures. Those powers should be exercised in accordance with Regulation (EU) No 182/2011 of the European Parliament and of the Council4. |
| _________________ | _________________ |
| 4 Regulation (EU) No 182/2011 of the European Parliament and of the Council of 16 February 2011 laying down the rules and general principles concerning mechanisms for control by Member States of the Commission’s exercise of implementing powers (OJ L 55, 28.2.2011, p. 13, ELI: http://data.europa.eu/eli/reg/2011/182/oj). | 4 Regulation (EU) No 182/2011 of the European Parliament and of the Council of 16 February 2011 laying down the rules and general principles concerning mechanisms for control by Member States of the Commission’s exercise of implementing powers (OJ L 55, 28.2.2011, p. 13, ELI: http://data.europa.eu/eli/reg/2011/182/oj). |
Or. pl
Justification
The use of standard forms will improve communication between Member States. For this reason, their adoption by the Commission should be mandatory.
Amendment 88
Daniel Buda, Dan-Ştefan Motreanu
Proposal for a regulation
Recital 13
| Text proposed by the Commission | Amendment |
| (13) With a view to ensuring uniform conditions for the implementation of the measures laid down in this Regulation, implementing powers should be conferred on the Commission to be able to develop standard forms for requests for information or requests for enforcement measures. Those powers should be exercised in accordance with Regulation (EU) No 182/2011 of the European Parliament and of the Council4. In the absence of standard forms developed by the Commission, the enforcement authorities should be entitled to develop such forms to facilitate the mutual assistance mechanism. | (13) With a view to ensuring uniform conditions for the implementation of the measures laid down in this Regulation, implementing powers should be conferred on the Commission to be able to develop standard forms for requests for information or requests for enforcement measures, for requests for mutual assistance, for the procedural mechanism for prioritising urgent requests and for issuing alerts. Those powers should be exercised in accordance with Regulation (EU) No 182/2011 of the European Parliament and of the Council4. In the absence of standard forms developed by the Commission, the enforcement authorities should be entitled to develop such forms to facilitate the mutual assistance mechanism. |
| _________________ | _________________ |
| 4 Regulation (EU) No 182/2011 of the European Parliament and of the Council of 16 February 2011 laying down the rules and general principles concerning mechanisms for control by Member States of the Commission’s exercise of implementing powers (OJ L 55, 28.2.2011, p. 13, ELI: http://data.europa.eu/eli/reg/2011/182/oj). | 4 Regulation (EU) No 182/2011 of the European Parliament and of the Council of 16 February 2011 laying down the rules and general principles concerning mechanisms for control by Member States of the Commission’s exercise of implementing powers (OJ L 55, 28.2.2011, p. 13, ELI: http://data.europa.eu/eli/reg/2011/182/oj). |
Or. ro
Amendment 89
Daniel Buda, Dan-Ştefan Motreanu
Proposal for a regulation
Recital 13 a (new)
| Text proposed by the Commission | Amendment |
| (13a) Concerning the refusal of cooperation between authorities, a mediation mechanism, coordinated or represented by the European Commission, should be introduced to clarify ambiguities, to resolve potential disagreements or unjustified refusals to cooperate and to prevent blockages of the mutual assistance process. |
Or. ro
Amendment 90
Waldemar Buda
Proposal for a regulation
Recital 14
| Text proposed by the Commission | Amendment |
| (14) Where a widespread unfair trading practice with a cross-border dimension, involving at least three Member States may be taking place, the enforcement authorities concerned by that practice should be able to issue alerts, engage in coordinated actions, and designate a coordinator to coordinate the cooperation among the relevant authorities in whose territories the practice may be taking place. To establish which enforcement authorities are concerned by a widespread unfair trading practice with a cross-border dimension, all relevant aspects should be considered, in particular the place where the buyer is established and the location of the suppliers that may be affected by the unfair trading practice. The detection of widespread unfair trading practices with a cross-border dimension should be supported by exchanging information between enforcement authorities when there is a reasonable suspicion of such unfair trading practices with a cross-border dimension. The coordinator should exercise its competence within a framework of close cooperation with the other enforcement authorities concerned. Likewise, all enforcement authorities concerned should actively engage in the investigation at an early stage, and issue alerts to the Commission and to the enforcement authorities concerned by a widespread unfair trading practice with a cross-border dimension and share the necessary information available to them about such practices. | (14) Where a widespread unfair trading practice with a cross-border dimension, involving at least three Member States may be taking place, the enforcement authorities concerned by that practice should be able to issue alerts, engage in coordinated actions, and designate a coordinator to coordinate the cooperation among the relevant authorities in whose territories the practice may be taking place. As a rule, the role of coordinator should be performed by the enforcement authority of the Member State in which the entity infringing Directive 2019/633 has its head office or centre of economic interests, as that authority is able to deploy effective legal instruments against the infringing entity that can lead to the elimination of the unfair trading practice. The detection of widespread unfair trading practices with a cross-border dimension should be supported by exchanging information between enforcement authorities when there is a reasonable suspicion of such unfair trading practices with a cross-border dimension. The coordinator should exercise its competence within a framework of close cooperation with the other enforcement authorities concerned. Likewise, all enforcement authorities concerned should actively engage in the investigation at an early stage, and issue alerts to the Commission and to the enforcement authorities concerned by a widespread unfair trading practice with a cross-border dimension and share the necessary information available to them about such practices. |
Or. pl
Amendment 91
Maria Grapini
Proposal for a regulation
Recital 14
| Text proposed by the Commission | Amendment |
| (14) Where a widespread unfair trading practice with a cross-border dimension, involving at least three Member States may be taking place, the enforcement authorities concerned by that practice should be able to issue alerts, engage in coordinated actions, and designate a coordinator to coordinate the cooperation among the relevant authorities in whose territories the practice may be taking place. To establish which enforcement authorities are concerned by a widespread unfair trading practice with a cross-border dimension, all relevant aspects should be considered, in particular the place where the buyer is established and the location of the suppliers that may be affected by the unfair trading practice. The detection of widespread unfair trading practices with a cross-border dimension should be supported by exchanging information between enforcement authorities when there is a reasonable suspicion of such unfair trading practices with a cross-border dimension. The coordinator should exercise its competence within a framework of close cooperation with the other enforcement authorities concerned. Likewise, all enforcement authorities concerned should actively engage in the investigation at an early stage, and issue alerts to the Commission and to the enforcement authorities concerned by a widespread unfair trading practice with a cross-border dimension and share the necessary information available to them about such practices. | (14) Where a widespread unfair trading practice with a cross-border dimension, involving at least two Member States may be taking place, the enforcement authorities concerned by that practice should be able to issue alerts, engage in coordinated actions, and designate a coordinator to coordinate the cooperation among the relevant authorities in whose territories the practice may be taking place. To establish which enforcement authorities are concerned by a widespread unfair trading practice with a cross-border dimension, all relevant aspects should be considered, in particular the place where the buyer is established and the location of the suppliers that may be affected by the unfair trading practice. The detection of widespread unfair trading practices with a cross-border dimension should be supported by exchanging information between enforcement authorities when there is a reasonable suspicion of such unfair trading practices with a cross-border dimension. The coordinator should exercise its competence within a framework of close cooperation with the other enforcement authorities concerned. Likewise, all enforcement authorities concerned should actively engage in the investigation at an early stage, and issue alerts to the Commission and to the enforcement authorities concerned by a widespread unfair trading practice with a cross-border dimension and share the necessary information available to them about such practices. |
Or. ro
Amendment 92
Waldemar Buda
Proposal for a regulation
Recital 14 a (new)
| Text proposed by the Commission | Amendment |
| (14a) In view of the significant financial and administrative burden that the provisions of this Regulation could impose on national authorities, particularly when they are acting as coordinators, and with a view to increasing the efficiency and effectiveness of this Regulation, Member States should be guaranteed reimbursement of investigative costs. The Commission should provide clear sources and rules for the reimbursement of costs incurred by national authorities in conducting investigations. |
Or. pl
Amendment 93
Maria Grapini
Proposal for a regulation
Recital 15
| Text proposed by the Commission | Amendment |
| (15) Procedures for the coordination of investigation and enforcement measures relating to widespread unfair trading practices with a cross-border dimension should be laid down. Coordinated actions against widespread unfair trading practices with a cross-border dimension should ensure that enforcement authorities are able to choose the most appropriate and efficient tools to stop those practices. | (15) Procedures for the coordination of investigation and enforcement measures relating to widespread unfair trading practices with a cross-border dimension should be laid down. Coordinated actions against widespread unfair trading practices with a cross-border dimension should ensure that enforcement authorities are able to choose the most appropriate and efficient tools to stop those practices as swiftly as possible. |
Or. ro
Amendment 94
Waldemar Buda
Proposal for a regulation
Recital 16
| Text proposed by the Commission | Amendment |
| (16) It is necessary to list the cases where a concerned enforcement authority may decide to refuse to participate in a coordinated action. In particular, lack of available resources on the part of an enforcement authority concerned by that unfair trading practice with a cross-border dimension should not be considered to justify refusing to participate in a coordinated action. | (16) It is necessary to list the cases where a concerned enforcement authority may decide to refuse to participate in a coordinated action. |
Or. pl
Amendment 95
Martin Häusling, David Cormand
on behalf of the Greens/EFA Group
Proposal for a regulation
Recital 17 a (new)
| Text proposed by the Commission | Amendment |
| (17 a) Since Directive (EU) 2019/633 also protects suppliers in the Union against unfair trading practices by buyers established outside the Union, this Regulation should also provide rules for the cooperation of enforcement authorities of Member States with each other as regards unfair trading practices by buyers established outside the Union and which are prohibited by Directive (EU) 2019/633. |
Or. en
Amendment 96
Luke Ming Flanagan, Sebastian Everding
on behalf of The Left Group
Proposal for a regulation
Recital 17 a (new)
| Text proposed by the Commission | Amendment |
| (17 a) Since the Directive (EU) 2019/633 applies to sales where either the supplier or the buyer, or both, are established in the Union, this Regulation should also concern the cooperation between European enforcement authorities with regulatory bodies, national export boards, and embassies or other responsible authorities established outside the EU. |
Or. en
Amendment 97
Maria Grapini
Proposal for a regulation
Recital 19
| Text proposed by the Commission | Amendment |
| (19) Criminal investigations and judicial proceedings in Member States should not be affected by the application of this Regulation. | (19) Criminal investigations and judicial proceedings in Member States should not be affected by the application of this Regulation, bearing in mind that judicial matters are a national competence. |
Or. ro
Amendment 98
Valérie Deloge, Marie Dauchy, Tomáš Kubín
Proposal for a regulation
Article premier – paragraph 1
| Text proposed by the Commission | Amendment |
| This Regulation lays down certain rules under which the enforcement authorities, having been designated by their Member States as responsible for the enforcement of the prohibition of unfair trading practices in business-to-business relationships in the agricultural and food supply chain under Directive (EU) 2019/633, cooperate and coordinate actions with each other. | This Regulation lays down certain rules under which the enforcement authorities, having been designated by their Member States as responsible for the enforcement of the prohibition of unfair trading practices in business-to-business relationships in the agricultural and food supply chain under Directive (EU) 2019/633, cooperate and coordinate actions with each other. The aim of the rules is to combat commercially unacceptable practices in pre-established contracts between suppliers and buyers. The rules shall be enforced with full respect for the sovereignty of the Member States and for the right of each enforcement authority to oppose any cooperation that could undermine national public economic policy. |
Or. fr
Amendment 99
Martin Häusling
on behalf of the Greens/EFA Group
Proposal for a regulation
Article 1 – paragraph 1
| Text proposed by the Commission | Amendment |
| This Regulation lays down certain rules under which the enforcement authorities, having been designated by their Member States as responsible for the enforcement of the prohibition of unfair trading practices in business-to-business relationships in the agricultural and food supply chain under Directive (EU) 2019/633, cooperate and coordinate actions with each other. | This Regulation lays down certain rules under which the enforcement authorities, having been designated by their Member States as responsible for the enforcement of the prohibition of unfair trading practices in business-to-business relationships in the agricultural and food supply chain under Directive (EU) 2019/633, cooperate and coordinate actions with each other and with the Commission, in order to improve the functioning of the internal market by ensuring compliance and safeguarding sound competition and a level playing field in the internal market. |
Or. en
Amendment 100
Paulo Do Nascimento Cabral
Proposal for a regulation
Article 2 – paragraph 1 – subparagraph 1
| Text proposed by the Commission | Amendment |
| This Regulation applies to the enforcement of the prohibition of unfair trading practices in business-to-business relationships in the agricultural and food supply chain laid down in Article 3(1) and (2) of Directive (EU) 2019/633 with a cross-border dimension. | This Regulation applies to the enforcement of the prohibition of unfair trading practices in business-to-business relationships in the agricultural and food supply chain laid down in Article 3(1) and (2) of Directive (EU) 2019/633 with a cross-border dimension, which occur in relation to sales of agricultural and food products between buyers and suppliers referred to in Article 1(2) of Directive (EU) 2019/633, in particular when they originate from operators whose practices have an inherent cross-border component such as those of European retail alliances. |
Or. en
Amendment 101
Valérie Deloge, Marie Dauchy, Tomáš Kubín
Proposal for a regulation
Article 2 – paragraph 1 – subparagraph 1
| Text proposed by the Commission | Amendment |
| This Regulation applies to the enforcement of the prohibition of unfair trading practices in business-to-business relationships in the agricultural and food supply chain laid down in Article 3(1) and (2) of Directive (EU) 2019/633 with a cross-border dimension. | This Regulation applies to the enforcement of the prohibition of unfair trading practices in business-to-business relationships in the agricultural and food supply chain laid down in Article 3(1) and (2) of Directive (EU) 2019/633 with a cross-border dimension, which occur within the EU in relation to sales of agricultural and food products between the buyers and suppliers referred to in Article 1(2) of Directive (EU) 2019/633. |
Or. fr
Amendment 102
Luke Ming Flanagan, Sebastian Everding
on behalf of The Left Group
Proposal for a regulation
Article 2 – paragraph 1 – subparagraph 1
| Text proposed by the Commission | Amendment |
| This Regulation applies to the enforcement of the prohibition of unfair trading practices in business-to-business relationships in the agricultural and food supply chain laid down in Article 3(1) and (2) of Directive (EU) 2019/633 with a cross-border dimension. | This Regulation applies to the enforcement of the prohibition of unfair trading practices in business-to-business relationships in the agricultural and food supply chain laid down in Article 3(1) and (2) of Directive (EU) 2019/633 with a cross-border dimension which occurs in sales of agricultural and food products where either the supplier or the buyer, or both, are established in the Union, according to Article 1(2) of Directive (EU) 2019/633. |
Or. en
Justification
Recital 12 of UTP Directive (EU) 2019/633 clearly states that “…suppliers established outside the Union should also enjoy protection against unfair trading practices when they sell agri-food products into the Union”. Keeping this aspect within the scope of the new proposal is essential to ensure fair market conditions between EU and non-EU producers while promoting ethical and sustainable trade relationships. Specifying the cross-border dimension will increase the compliance with art.
1(2) of the UTP Directive 2019/633.
Amendment 103
Carlo Fidanza, Sergio Berlato, Francesco Ventola
Proposal for a regulation
Article 2 – paragraph 1 – subparagraph 1
| Text proposed by the Commission | Amendment |
| This Regulation applies to the enforcement of the prohibition of unfair trading practices in business-to-business relationships in the agricultural and food supply chain laid down in Article 3(1) and (2) of Directive (EU) 2019/633 with a cross-border dimension. | This Regulation applies to the enforcement of the prohibition of unfair trading practices in business-to-business relationships in the agricultural and food supply chain laid down in Article 3(1) and (2) of Directive (EU) 2019/633 with a cross-border dimension, in particular when they originate from operators whose practices have an inherent cross-border component such as those of European retail alliances. |
Or. en
Amendment 104
Herbert Dorfmann
Proposal for a regulation
Article 2 – paragraph 1 – subparagraph 1
| Text proposed by the Commission | Amendment |
| This Regulation applies to the enforcement of the prohibition of unfair trading practices in business-to-business relationships in the agricultural and food supply chain laid down in Article 3(1) and (2) of Directive (EU) 2019/633 with a cross-border dimension. | This Regulation applies to the enforcement of the prohibition of unfair trading practices in business-to-business relationships in the agricultural and food supply chain laid down in Article 3(1) and (2) of Directive (EU) 2019/633 with a cross-border dimension in particular when they originate from operators whose practices have an inherent cross-border component such as those of European retail alliances. |
Or. en
Amendment 105
Mireia Borrás Pabón
Proposal for a regulation
Article 2 – paragraph 1 – subparagraph 1
| Text proposed by the Commission | Amendment |
| This Regulation applies to the enforcement of the prohibition of unfair trading practices in business-to-business relationships in the agricultural and food supply chain laid down in Article 3(1) and (2) of Directive (EU) 2019/633 with a cross-border dimension. | This Regulation applies to the enforcement of the prohibition of unfair trading practices in business-to-business relationships in the agricultural and food supply chain laid down in Article 3(1) and (2) of Directive (EU) 2019/633 with a cross-border dimension and on the basis of the scope laid down in Article 1 of Directive (EU) 2019/633. |
Or. en
Amendment 106
Bert-Jan Ruissen
Proposal for a regulation
Article 2 – paragraph 1 – subparagraph 2
| Text proposed by the Commission | Amendment |
| However, Article 5 of this Regulation also applies in relation to national rules within the meaning of Article 9 of Directive (EU) 2019/633 if the Member State so decides in accordance with paragraph 4 of that Article. | deleted |
Or. nl
Justification
For the sake of legal certainty, this provision should be deleted. Cross-border cooperation between enforcement authorities should focus on unfair commercial practices prohibited across the EU in accordance with Directive (EU) 2019/633.
Amendment 107
Valérie Deloge, Marie Dauchy, Tomáš Kubín
Proposal for a regulation
Article 2 – paragraph 1 – subparagraph 2
| Text proposed by the Commission | Amendment |
| However, Article 5 of this Regulation also applies in relation to national rules within the meaning of Article 9 of Directive (EU) 2019/633 if the Member State so decides in accordance with paragraph 4 of that Article. | However, Article 5 of this Regulation also applies in relation to national rules within the meaning of Article 9 of Directive (EU) 2019/633 if the Member State so decides in accordance with paragraph 4 of that Article. In this regard, and in compliance with Article 10 of this Regulation, an enforcement authority may refuse to comply with a request for assistance if the accusation of unfair practice has failed to take a national specificity into account. |
Or. fr
Amendment 108
Paulo Do Nascimento Cabral
Proposal for a regulation
Article 2 – paragraph 1 – subparagraph 2
| Text proposed by the Commission | Amendment |
| However, Article 5 of this Regulation also applies in relation to national rules within the meaning of Article 9 of Directive (EU) 2019/633 if the Member State so decides in accordance with paragraph 4 of that Article. | However, Article 5 of this Regulation also applies in relation to national rules adopted on the basis of Article 3(1), point (b), third sentence or maintained or adopted on the basis of Article 3(1) of Directive (EU) 2019/633 if the Member State so decides in accordance with Article 5 (4) of this Regulation. Article 20a of this Regulation applies in relation to unfair trading practices involving buyers established outside the Union. |
Or. en
Amendment 109
Cristina Maestre
Proposal for a regulation
Article 2 – paragraph 1 a (new)
| Text proposed by the Commission | Amendment |
| 1 a. Each Member State shall take appropriate administrative and judicial steps to prevent or stop the unfair trade practices, as referred to in in Article 3(1) and (2) of Directive (EU) 2019/633, with a cross-border dimension that are performed in total or in part in that Member State. In particular, according to the article 8 of the Directive (EU) 2019/633 the intervention and cooperation should be enforced by the concerned authorities according to the principle of greater effectiveness. |
Or. en
Amendment 110
Paulo Do Nascimento Cabral
Proposal for a regulation
Article 3 – paragraph 1 – point a
| Text proposed by the Commission | Amendment |
| (a) ‘enforcement authority’ means the national authority or national authorities designated by a Member State pursuant to Article 4(1) of Directive (EU) 2019/633; | (a) ‘enforcement authority’ means a national authority or national authorities designated by a Member State pursuant to Article 4(1) of Directive (EU) 2019/633; |
Or. en
Amendment 111
Cristina Maestre
Proposal for a regulation
Article 3 – paragraph 1 – point b
| Text proposed by the Commission | Amendment |
| (b) ‘applicant enforcement authority’ means the enforcement authority that makes a request for mutual assistance; | (b) ‘applicant enforcement authority’ means the enforcement authority that makes a request for mutual assistance; applications will be channeled through the single point of contact designated on the basis of Article 4.2 of Directive (EU) 2019/633 of the European Parliament and of the Council of 17 April 2019 on unfair trading practices in business-to-business relations in the agricultural and food supply chain; |
Or. en
Amendment 112
Paulo Do Nascimento Cabral
Proposal for a regulation
Article 3 – paragraph 1 – point b
| Text proposed by the Commission | Amendment |
| (b) ‘applicant enforcement authority’ means the enforcement authority that makes a request for mutual assistance; | (b) ‘applicant enforcement authority’ means an enforcement authority that makes a request for mutual assistance; |
Or. en
Amendment 113
Cristina Maestre
Proposal for a regulation
Article 3 – paragraph 1 – point c
| Text proposed by the Commission | Amendment |
| (c) ‘requested enforcement authority’ means the enforcement authority that receives a request for mutual assistance; | (c) ‘requested enforcement authority’ means the enforcement authority that receives a request for mutual assistance; communications will be channeled through a single point of contact designated on the basis of Article 4.2 of Directive (EU) 2019/633 of the European Parliament and of the Council of 17 April 2019 on unfair trading practices in business-to-business relations in the agricultural and food supply chain; |
Or. en
Amendment 114
David Cormand
Proposal for a regulation
Article 3 – paragraph 1 – point d
| Text proposed by the Commission | Amendment |
| (d) ‘unfair trading practice with a cross-border dimension’ means any unfair trading practice within the meaning of Directive (EU) 2019/633 involving one supplier and one buyer that are located in different Member States; | (d) ‘Unfair trading practice with a cross-border dimension’ means any unfair trading practice within the meaning of Directive (EU) 2019/633 involving one supplier and one buyer that are located in different Member States or between a Member State and third country actor covered by the directive. This should also include any unfair trading practice that is covered by stricter national rules that qualify as overriding mandatory provisions within the meaning of Article 9 of Regulation (EU) 593/2008. |
Or. en
Amendment 115
Carmen Crespo Díaz
Proposal for a regulation
Article 3 – paragraph 1 – point d
| Text proposed by the Commission | Amendment |
| (d) ‘unfair trading practice with a cross-border dimension’ means any unfair trading practice within the meaning of Directive (EU) 2019/633 involving one supplier and one buyer that are located in different Member States; | (d) ‘unfair trading practice with a cross-border dimension’ means any unfair trading practice within the meaning of Directive (EU) 2019/633 involving one supplier and one buyer that are located in different Member States or any unfair trading practice covered by stricter national rules that qualify as overriding mandatory provisions within the meaning of Article 9 of Regulation (EU) 593/2008; |
Or. es
Amendment 116
Carlo Fidanza, Sergio Berlato, Francesco Ventola
Proposal for a regulation
Article 3 – paragraph 1 – point d
| Text proposed by the Commission | Amendment |
| (d) ‘unfair trading practice with a cross-border dimension’ means any unfair trading practice within the meaning of Directive (EU) 2019/633 involving one supplier and one buyer that are located in different Member States; | (d) ‘unfair trading practice with a cross-border dimension’ means any unfair trading practice within the meaning of Directive (EU) 2019/633 involving one supplier and one buyer that are located in different Member States or any unfair trading practice covered by stricter national rules that qualify as overriding mandatory provisions 4 within the meaning of Article 9 of Regulation (EU) 593/2008;; |
Or. en
Amendment 117
Herbert Dorfmann
Proposal for a regulation
Article 3 – paragraph 1 – point d
| Text proposed by the Commission | Amendment |
| (d) ‘unfair trading practice with a cross-border dimension’ means any unfair trading practice within the meaning of Directive (EU) 2019/633 involving one supplier and one buyer that are located in different Member States; | (d) ‘unfair trading practice with a cross-border dimension’ means any unfair trading practice within the meaning of Directive (EU) 2019/633 involving one supplier and one buyer that are located in different Member States or any unfair trading practice covered by stricter national rules that qualify as overriding mandatory provisions within the meaning of Article 9 of Regulation (EU) 593/2008; |
Or. en
Amendment 118
Luke Ming Flanagan, Sebastian Everding
on behalf of The Left Group
Proposal for a regulation
Article 3 – paragraph 1 – point d
| Text proposed by the Commission | Amendment |
| (d) ‘unfair trading practice with a cross-border dimension’ means any unfair trading practice within the meaning of Directive (EU) 2019/633 involving one supplier and one buyer that are located in different Member States; | (d) ‘unfair trading practice with a cross-border dimension’ means any unfair trading practice within the meaning of Directive (EU) 2019/633 involving either a supplier or a buyer, or both, established in the Union according to art.1(2) of the Directive 2019/633; |
Or. en
Justification
To comply with art. 1(2) of the Directive 2019/633, cross-border dimension should apply to sales where either the supplier or the buyer, or both, are established in the Union.
Amendment 119
Bert-Jan Ruissen
Proposal for a regulation
Article 3 – paragraph 1 – point d
| Text proposed by the Commission | Amendment |
| (d) ‘unfair trading practice with a cross-border dimension’ means any unfair trading practice within the meaning of Directive (EU) 2019/633 involving one supplier and one buyer that are located in different Member States; | (d) ‘unfair trading practice with a cross-border dimension’ means any unfair trading practice within the meaning of Article 3 of Directive (EU) 2019/633 involving one supplier and one buyer that are located in different Member States; |
Or. nl
Justification
For the sake of legal certainty, this provision should be clarified. Cross-border cooperation between enforcement authorities should focus on unfair commercial practices prohibited across the EU in accordance with Directive (EU) 2019/633.
Amendment 120
Paulo Do Nascimento Cabral
Proposal for a regulation
Article 3 – paragraph 1 – point d
| Text proposed by the Commission | Amendment |
| (d) ‘unfair trading practice with a cross-border dimension’ means any unfair trading practice within the meaning of Directive (EU) 2019/633 involving one supplier and one buyer that are located in different Member States; | (d) ‘unfair trading practice with a cross-border dimension’ means any unfair trading practice within the meaning of Directive (EU) 2019/633 involving one supplier and one buyer that are established in two different Member States; |
Or. en
Amendment 121
Martin Häusling
on behalf of the Greens/EFA Group
Proposal for a regulation
Article 3 – paragraph 1 – point d
| Text proposed by the Commission | Amendment |
| (d) ‘unfair trading practice with a cross-border dimension’ means any unfair trading practice within the meaning of Directive (EU) 2019/633 involving one supplier and one buyer that are located in different Member States; | (d) ‘unfair trading practice with a cross-border dimension’ means any unfair trading practice within the meaning of Directive (EU) 2019/633 involving one supplier and one buyer that are established in different Member States; |
Or. en
Amendment 122
Valérie Deloge, Marie Dauchy, Tomáš Kubín
Proposal for a regulation
Article 3 – paragraph 1 – point d
| Text proposed by the Commission | Amendment |
| (d) ‘unfair trading practice with a cross-border dimension’ means any unfair trading practice within the meaning of Directive (EU) 2019/633 involving one supplier and one buyer that are located in different Member States; | (d) ‘unfair trading practice with a cross-border dimension’ means any unfair trading practice within the meaning of Directive (EU) 2019/633 involving one supplier and one buyer that are located in two different Member States; |
Or. fr
Amendment 123
Carmen Crespo Díaz
Proposal for a regulation
Article 3 – paragraph 1 – point d a (new)
| Text proposed by the Commission | Amendment |
| (da) Include in Directive (EU) 2019/633 the unilateral imposition of packaging by the buyer as an unfair practice or reinforce the obligation for any cost or additional demand – such as the type of packaging – to be negotiated equitably and in advance. |
Or. es
Amendment 124
Jessika Van Leeuwen
Proposal for a regulation
Article 3 – paragraph 1 – point e
| Text proposed by the Commission | Amendment |
| (e) ‘widespread unfair trading practice with a cross-border dimension’ means any unfair trading practice within the meaning of Directive (EU) 2019/633 involving at least three Member States; | (e) ‘widespread unfair trading practice with a cross-border dimension’ means any unfair trading practice within the meaning of Directive (EU) 2019/633 involving at least three Member States, or affecting suppliers established across several Member States whose combined output represents a significant share of the EU’s total production of the product in question; |
Or. en
Amendment 125
Luke Ming Flanagan, Sebastian Everding
on behalf of The Left Group
Proposal for a regulation
Article 3 – paragraph 1 – point e
| Text proposed by the Commission | Amendment |
| (e) ‘widespread unfair trading practice with a cross-border dimension’ means any unfair trading practice within the meaning of Directive (EU) 2019/633 involving at least three Member States; | (e) ‘widespread unfair trading practice with a cross-border dimension’ means any unfair trading practice within the meaning of Directive (EU) 2019/633 involving at least three Member States or in cases involving a Member State and non- EU actors.; |
Or. en
Justification
To comply with art. 1(2) of the UTP Directive 2019/633, cross-border dimension should apply to sales where either the supplier or the buyer, or both, are established in the Union.
Amendment 126
Paulo Do Nascimento Cabral
Proposal for a regulation
Article 3 – paragraph 1 – point e
| Text proposed by the Commission | Amendment |
| (e) ‘widespread unfair trading practice with a cross-border dimension’ means any unfair trading practice within the meaning of Directive (EU) 2019/633 involving at least three Member States; | (e) ‘widespread unfair trading practice with a cross-border dimension’ means any unfair trading practice within the meaning of Directive (EU) 2019/633 involving suppliers and buyers established at least three Member States; |
Or. en
Amendment 127
Martin Häusling
on behalf of the Greens/EFA Group
Proposal for a regulation
Article 3 – paragraph 1 – point e
| Text proposed by the Commission | Amendment |
| (e) ‘widespread unfair trading practice with a cross-border dimension’ means any unfair trading practice within the meaning of Directive (EU) 2019/633 involving at least three Member States; | (e) ‘widespread unfair trading practice with a cross-border dimension’ means any unfair trading practice within the meaning of Directive (EU) 2019/633 involving parties established in at least three Member States; |
Or. en
Amendment 128
Mireia Borrás Pabón
Proposal for a regulation
Article 3 – paragraph 1 – point f
| Text proposed by the Commission | Amendment |
| (f) ‘final decision’ means a decision that cannot be, or that can no longer be, appealed by ordinary means. | (f) ‘Final decision’ means a decision that cannot be, or can no longer be, appealed by ordinary means before national courts or other competent international instances. |
Or. en
Amendment 129
Waldemar Buda
Proposal for a regulation
Article 3 – paragraph 1 – point f a (new)
| Text proposed by the Commission | Amendment |
| (fa) (g) 'coordinator' means the enforcement authority of a Member State in which an entity that is in violation of Directive (EU) 2019/633 has its head office or centre of activities within the EU. |
Or. pl
Amendment 130
Martin Häusling, David Cormand
on behalf of the Greens/EFA Group
Proposal for a regulation
Article 3 – paragraph 1 – point f a (new)
| Text proposed by the Commission | Amendment |
| (f a) 'EU Responsible Person’ means a natural or legal person established within the Union, who is appointed by a non-EU buyer to assume liability under Article 2 (4) |
Or. en
Amendment 131
Valérie Deloge, Marie Dauchy, Raffaele Stancanelli, Tomáš Kubín
Proposal for a regulation
Article 3 a (new)
| Text proposed by the Commission | Amendment |
| Article 3a | |
| General principle | |
| Member States shall take appropriate administrative and judicial steps to prevent or stop the unfair trading practices referred to in Article 3(1) and (2) of Directive (EU) 2019/633 that have a cross-border dimension and that are performed in whole or in part on their respective territories. |
Or. fr
Amendment 132
Luke Ming Flanagan, Sebastian Everding
on behalf of The Left Group
Proposal for a regulation
Article 4 – paragraph 1
| Text proposed by the Commission | Amendment |
| Member States shall ensure that enforcement authorities have the necessary resources and expertise for the application of this Regulation. | Member States shall ensure that enforcement authorities have the necessary resources and expertise for the application of this Regulation; Member States and the European Commission should also ensure enforcement authorities have enough resources to promote awareness, share information and provide advisory services on the complaint process within the EU and with third countries’ regulatory bodies, national export boards, and embassies and EU Delegations. |
Or. en
Justification
UTP Directive 2019/633 enforcement remains weak, with low complaint rates, often due to lack of awareness or fear of retaliation. This issue is even more pronounced for non-EU suppliers.
Amendment 133
Martin Häusling
on behalf of the Greens/EFA Group
Proposal for a regulation
Article 4 – paragraph 1
| Text proposed by the Commission | Amendment |
| Member States shall ensure that enforcement authorities have the necessary resources and expertise for the application of this Regulation. | Member States shall ensure that enforcement authorities have the necessary resources, including technical, financial and human recourses, and expertise for the application of this Regulation. |
Or. en
Amendment 134
Valérie Deloge, Marie Dauchy, Raffaele Stancanelli, Tomáš Kubín, Mireia Borrás Pabón
Proposal for a regulation
Article 4 – paragraph 1
| Text proposed by the Commission | Amendment |
| Member States shall ensure that enforcement authorities have the necessary resources and expertise for the application of this Regulation. | Member States shall ensure that enforcement authorities have the necessary resources and expertise for the application of this Regulation and to provide an advisory service where applicable. |
Or. fr
Amendment 135
Paulo Do Nascimento Cabral
Proposal for a regulation
Article 4 – paragraph 1 a (new)
| Text proposed by the Commission | Amendment |
| Article 4a - Confidentiality of information | |
| 1. For the purposes of this Regulation, the enforcement authorities shall have the power to provide one another with information and use in evidence any matter of fact or of law, including confidential information. | |
| 2. Information exchanged shall only be used in evidence for the purpose of applying this Regulation and in respect of the subject-matter for which it was collected by the requested enforcement authority. | |
| 3. The information provided pursuant to paragraph 1 shall only be used by the enforcement authorities with due regard to the legitimate interests of a natural person or legal person, including protection of trade secrets and intellectual property rights. | |
| 4. In cases where a complainant requests the protection of information pursuant to Article 5(3) of Directive 2019/633, the enforcement authority receiving the complaint shall ask for the agreement of the complainant to provide the protected information to another enforcement authority. |
Or. en
Amendment 136
Jessika Van Leeuwen
Proposal for a regulation
Article 4 – paragraph 1 a (new)
| Text proposed by the Commission | Amendment |
| They shall also provide adequate human and financial resources for proactive outreach to suppliers on their rights under this Regulation |
Or. en
Amendment 137
Daniel Buda, Dan-Ştefan Motreanu
Proposal for a regulation
Article 4 a (new)
| Text proposed by the Commission | Amendment |
| Article 4a | |
| Confidentiality of information | |
| 1. Enforcement authorities shall, for the purposes of implementing this Regulation, have the power to provide information to one another and to use as evidence any aspect of fact or law, including confidential information. | |
| 2. Information exchanged between authorities may only be used as evidence for the purposes of this Regulation, and only in connection with the subject matter for which it was collected by the requested authority. | |
| 3. Enforcement authorities shall use the information provided pursuant to paragraph 1 with due regard for the legitimate interests of all natural or legal persons, including as regards the protection of trade secrets, of intellectual property rights and of other sensitive information. | |
| 4. In situations where a complainant requests protection of information pursuant to Article 5(3) of Directive 2019/633, the enforcement authority receiving the complaint shall seek the complainant’s express consent for transmission of the protected information to another national authority. | |
| 5. When it is necessary to transmit confidential information between authorities, such transmission shall be carried out solely on the basis of a standardised procedure, with clear criteria as to the purpose, necessity and proportionality of the transmission. The procedure shall ensure that the same level of protection of information is respected in all Member States, regardless of the recipient authority, pursuant to the rules set out in Regulation (EU) 2016/679 and Directive (EU) 2016/943. | |
| 6. Should an authority expressly refuse to transmit the information to another authority, it shall be obliged to inform the complainant of their rights and avenues of appeal, and to provide sound justification for its decision both to the authority to which it has refused the request and to the complainant. | |
| 7. The Commission may adopt implementing acts, in accordance with Article 21, laying down the standardised procedure for transmission of the confidential information referred to in paragraph 5. |
Or. ro
Amendment 138
Bert-Jan Ruissen
Proposal for a regulation
Article 4 a (new)
| Text proposed by the Commission | Amendment |
| Article 4a | |
| Implementation and confidentiality | |
| 1. Member States shall ensure that, when implementing this regulation, enforcement authorities do not impose additional charges on suppliers for starting a procedure. | |
| 2. Member States shall ensure that the enforcement authority shall take the necessary measures for the cross-border protection of the identity of the complainant or members of organisations or suppliers, and for the appropriate cross-border protection of any other information in respect of which the complainant considers that the disclosure of such information would be harmful to the interests of members of organisations or suppliers. The complainant shall identify any information for which it requests confidentiality. | |
| 3. Member States shall ensure that the enforcement authority provides the possibility for complaints to be filed anonymously. |
Or. nl
Amendment 139
Martin Häusling
on behalf of the Greens/EFA Group
Proposal for a regulation
Article 4 a (new)
| Text proposed by the Commission | Amendment |
| Article 4a | |
| Confidentiality of information | |
| 1. For the purposes of this Regulation, the enforcement authorities shall have the power to provide one another with information and use in evidence any matter of fact or of law, including confidential information. | |
| 2. Information exchanged shall only be used in evidence for the purpose of applying this Regulation and in respect of the subject-matter for which it was collected by the requested enforcement authority. |
Or. en
Amendment 140
Cristina Maestre
Proposal for a regulation
Article 4 a (new)
| Text proposed by the Commission | Amendment |
| Article 4a | |
| Confidentiality of information | |
| 1. For the purposes of this Regulation, the enforcement authorities shall have the power to provide one another with information and use in evidence any matter of fact or of law, including confidential information. 2. Information exchanged by the enforcement authorities shall only be used for the purposes of this regulation and shall be treated as confidential with due regard to the legitimate interests of suppliers. |
Or. en
Amendment 141
Bert-Jan Ruissen
Proposal for a regulation
Article 4 b (new)
| Text proposed by the Commission | Amendment |
| Article 4b | |
| Awareness rising | |
| Member States shall ensure that agricultural producers are actively informed about the possibilities of filing a complaint about unfair commercial practices and cross-border unfair commercial practices. | |
| Member States shall ensure clear and accessible information regarding the details of the competent authorities and the conditions and duration of the procedure. |
Or. nl
Amendment 142
Valérie Deloge, Marie Dauchy, Tomáš Kubín
Proposal for a regulation
Article 5 – paragraph 1
| Text proposed by the Commission | Amendment |
| 1. At the request of an applicant enforcement authority, a requested enforcement authority shall, without delay, and within 60 days unless otherwise agreed, provide the applicant enforcement authority with the information requested to establish whether an unfair trading practice in the Member State of the applicant enforcement authority with a cross-border dimension has occurred or is occurring. | 1. At the request of an applicant enforcement authority, a requested enforcement authority shall, without delay, and within 60 days unless otherwise agreed, provide the applicant enforcement authority with the information requested to establish whether an unfair trading practice in the Member State of the applicant enforcement authority with a cross-border dimension has occurred or is occurring. The requested enforcement authority may, if it deems it necessary, have its reply validated by a competent national judicial authority to ensure the best possible enforcement of its national law. Where a competent judicial authority is consulted, the 60-day deadline is suspended until a decision is issued. |
Or. fr
Amendment 143
Daniel Buda, Dan-Ştefan Motreanu
Proposal for a regulation
Article 5 – paragraph 1
| Text proposed by the Commission | Amendment |
| 1. At the request of an applicant enforcement authority, a requested enforcement authority shall, without delay, and within 60 days unless otherwise agreed, provide the applicant enforcement authority with the information requested to establish whether an unfair trading practice in the Member State of the applicant enforcement authority with a cross-border dimension has occurred or is occurring. | 1. At the request of an applicant enforcement authority, a requested enforcement authority shall, without delay, and within 45 days unless otherwise agreed, provide the applicant enforcement authority with the information requested to establish whether an unfair trading practice in the Member State of the applicant enforcement authority with a cross-border dimension has occurred or is occurring. |
Or. ro
Amendment 144
Paulo Do Nascimento Cabral
Proposal for a regulation
Article 5 – paragraph 1
| Text proposed by the Commission | Amendment |
| 1. At the request of an applicant enforcement authority, a requested enforcement authority shall, without delay, and within 60 days unless otherwise agreed, provide the applicant enforcement authority with the information requested to establish whether an unfair trading practice in the Member State of the applicant enforcement authority with a cross-border dimension has occurred or is occurring. | 1. At the request of an applicant enforcement authority, a requested enforcement authority shall, without delay, and within 90 days unless otherwise agreed, provide the applicant enforcement authority with the information requested to establish whether an unfair trading practice in the Member State of the applicant enforcement authority with a cross-border dimension has occurred or is occurring. |
Or. en
Amendment 145
Maria Grapini
Proposal for a regulation
Article 5 – paragraph 1
| Text proposed by the Commission | Amendment |
| 1. At the request of an applicant enforcement authority, a requested enforcement authority shall, without delay, and within 60 days unless otherwise agreed, provide the applicant enforcement authority with the information requested to establish whether an unfair trading practice in the Member State of the applicant enforcement authority with a cross-border dimension has occurred or is occurring. | 1. At the request of an applicant enforcement authority, a requested enforcement authority shall, without delay, and within 45 days unless otherwise agreed, provide the applicant enforcement authority with the information requested to establish whether an unfair trading practice in the Member State of the applicant enforcement authority with a cross-border dimension has occurred or is occurring. |
Or. ro
Amendment 146
Maria Grapini
Proposal for a regulation
Article 5 – paragraph 3
| Text proposed by the Commission | Amendment |
| 3. The information provided shall only be collected by the requested enforcement authority and used by the applicant enforcement authority in accordance with their national law. | 3. The information provided shall only be collected by the requested enforcement authority and used by the applicant enforcement authority in accordance with their national law while respecting the GDPR. |
Or. ro
Amendment 147
Paulo Do Nascimento Cabral
Proposal for a regulation
Article 5 – paragraph 3
| Text proposed by the Commission | Amendment |
| 3. The information provided shall only be collected by the requested enforcement authority and used by the applicant enforcement authority in accordance with their national law. | 3. The information provided shall only be collected by the requested enforcement authority and used by the applicant enforcement authority in accordance with their respective national law. |
Or. en
Amendment 148
Valérie Deloge, Marie Dauchy, Tomáš Kubín, Mireia Borrás Pabón
Proposal for a regulation
Article 5 – paragraph 3
| Text proposed by the Commission | Amendment |
| 3. The information provided shall only be collected by the requested enforcement authority and used by the applicant enforcement authority in accordance with their national law. | 3. The information provided shall only be collected by the requested enforcement authority and used by the applicant enforcement authority in accordance with their respective national law. |
Or. fr
Amendment 149
Valérie Deloge, Marie Dauchy, Tomáš Kubín
Proposal for a regulation
Article 5 – paragraph 3 a (new)
| Text proposed by the Commission | Amendment |
| 3a. If the requested enforcement authority does not have the information sought, the response referred to in paragraph 1 may be limited to an indication that the information is unavailable. |
Or. fr
Amendment 150
Bert-Jan Ruissen
Proposal for a regulation
Article 5 – paragraph 4
| Text proposed by the Commission | Amendment |
| 4. Member States may decide that enforcement authorities can make use of the possibilities referred to in this Article in relation to national rules within the meaning of Article 9 of Directive (EU) 2019/633. | deleted |
| When an applicant enforcement authority makes use of the possibility provided in subparagraph 1, the requested enforcement authority may refuse to provide information, indicating the reasons for the refusal. |
Or. nl
Justification
For the sake of legal certainty, this provision should be deleted. Cross-border cooperation between enforcement authorities should focus on unfair commercial practices prohibited across the EU in accordance with Directive (EU) 2019/633.
Amendment 151
Paulo Do Nascimento Cabral
Proposal for a regulation
Article 5 – paragraph 4 – subparagraph 1
| Text proposed by the Commission | Amendment |
| Member States may decide that enforcement authorities can make use of the possibilities referred to in this Article in relation to national rules within the meaning of Article 9 of Directive (EU) 2019/633. | Member States may decide that enforcement authorities can make use of the possibilities referred to in this Article in relation to national rules adopted on the basis of Article 3 (1), point (b), third sentence or on the basis of Article 9 (1) of Directive (EU) 2019/633. When an applicant enforcement authority makes use of the possibility provided in subparagraph 1, it shall: |
| (a) state this Regulation as legal basis; | |
| (b) indicate the national law laying down the prohibition of the unfair trading practice concerned that goes beyond Directive (EU) 2019/633, and if that national law is based on Article 3(1), point (b), third sentence or Article 9(1) of Directive (EU) 2019/633; | |
| (c) describe the purpose of the request; | |
| (d) describe the unfair trading practice concerned and specify how this goes beyond the Directive (EU) 2019/633; | |
| (e) specify what information is required. |
Or. en
Amendment 152
Herbert Dorfmann
Proposal for a regulation
Article 5 – paragraph 4 – subparagraph 1
| Text proposed by the Commission | Amendment |
| Member States may decide that enforcement authorities can make use of the possibilities referred to in this Article in relation to national rules within the meaning of Article 9 of Directive (EU) 2019/633. | Member States may decide that enforcement authorities can make use of the possibilities referred to in this Article in relation to national rules within the meaning of Article 9 of Directive (EU) 2019/633 that do not qualify as overriding mandatory provisions within the meaning of Article 9 of Regulation (EU) 593/2008. |
Or. en
Amendment 153
Carlo Fidanza, Sergio Berlato, Francesco Ventola
Proposal for a regulation
Article 5 – paragraph 4 – subparagraph 1
| Text proposed by the Commission | Amendment |
| Member States may decide that enforcement authorities can make use of the possibilities referred to in this Article in relation to national rules within the meaning of Article 9 of Directive (EU) 2019/633. | Member States may decide that enforcement authorities can make use of the possibilities referred to in this Article in relation to national rules within the meaning of Article 9 of Directive (EU) 2019/633 that do not qualify as overriding mandatory provisions within the meaning of Article 9 of Regulation (EU) 593/2008. |
Or. en
Amendment 154
Mireia Borrás Pabón
Proposal for a regulation
Article 5 – paragraph 4 – subparagraph 1
| Text proposed by the Commission | Amendment |
| Member States may decide that enforcement authorities can make use of the possibilities referred to in this Article in relation to national rules within the meaning of Article 9 of Directive (EU) 2019/633. | Except in the circumstances in paragraph 5, Member States may decide that enforcement authorities can make use of the possibilities referred to in this Article in relation to national rules within the meaning of Article 9 of Directive (EU) 2019/633. |
Or. en
Amendment 155
Luke Ming Flanagan, Sebastian Everding
on behalf of The Left Group
Proposal for a regulation
Article 5 – paragraph 4 – subparagraph 2
| Text proposed by the Commission | Amendment |
| When an applicant enforcement authority makes use of the possibility provided in subparagraph 1, the requested enforcement authority may refuse to provide information, indicating the reasons for the refusal. | deleted |
Or. en
Justification
We believe that allowing an authority to refuse providing information to another one, would undermine the very objectives of the proposal, which is to facilitate cross-border collaboration by sharing information. In any case the new proposal on cooperation should not undermine national UTP regulations. This will contradict the Directive’s overall goal of combating unfair trading practices and art.9 of the UTP Directive.
Amendment 156
Martin Häusling
on behalf of the Greens/EFA Group
Proposal for a regulation
Article 5 – paragraph 4 – subparagraph 2
| Text proposed by the Commission | Amendment |
| When an applicant enforcement authority makes use of the possibility provided in subparagraph 1, the requested enforcement authority may refuse to provide information, indicating the reasons for the refusal. | When an applicant enforcement authority makes use of the possibility provided in subparagraph 1, the requested enforcement authority may refuse to provide information, indicating the reasons for the refusal. The requested enforcement authority shall justify its refusal with a reasoned reply, within the period set out in the first paragraph. A decision to reject the complaint shall be subject to judicial review, and affected suppliers or their representatives shall be entitled to challenge the refusal before a competent authority. |
Or. en
Amendment 157
Daniel Buda, Dan-Ştefan Motreanu
Proposal for a regulation
Article 5 – paragraph 4 – subparagraph 2
| Text proposed by the Commission | Amendment |
| When an applicant enforcement authority makes use of the possibility provided in subparagraph 1, the requested enforcement authority may refuse to provide information, indicating the reasons for the refusal. | When an applicant enforcement authority makes use of the possibility provided in subparagraph 1, the requested enforcement authority may refuse to provide information, indicating the objective reasons for the refusal. |
| In cases where the requested enforcement authority provides only partial information to the requesting enforcement authority, it must indicate the reasons for its incomplete response. |
Or. ro
Amendment 158
Waldemar Buda
Proposal for a regulation
Article 5 – paragraph 4 – subparagraph 2
| Text proposed by the Commission | Amendment |
| When an applicant enforcement authority makes use of the possibility provided in subparagraph 1, the requested enforcement authority may refuse to provide information, indicating the reasons for the refusal. | 5. When an applicant enforcement authority makes use of the possibility provided in subparagraph 1, the requested enforcement authority may refuse to provide information, indicating the reasons for the refusal. In particular, subparagraph 1 shall apply without prejudice to national provisions on confidentiality and professional and trade secrecy. |
Or. pl
Amendment 159
Maria Grapini
Proposal for a regulation
Article 5 – paragraph 4 – subparagraph 2
| Text proposed by the Commission | Amendment |
| When an applicant enforcement authority makes use of the possibility provided in subparagraph 1, the requested enforcement authority may refuse to provide information, indicating the reasons for the refusal. | When an applicant enforcement authority makes use of the possibility provided in subparagraph 1, the requested enforcement authority may refuse to provide information, indicating the reasons for the refusal on the basis of this Regulation. |
Or. ro
Amendment 160
Valérie Deloge, Marie Dauchy, Raffaele Stancanelli, Tomáš Kubín
Proposal for a regulation
Article 5 – paragraph 4 – subparagraph 2
| Text proposed by the Commission | Amendment |
| When an applicant enforcement authority makes use of the possibility provided in subparagraph 1, the requested enforcement authority may refuse to provide information, indicating the reasons for the refusal. | When an applicant enforcement authority makes use of the possibility provided in subparagraph 1, the requested enforcement authority may refuse to provide information, indicating the reasons for the refusal without delay and within 30 days. |
Or. fr
Amendment 161
Paulo Do Nascimento Cabral
Proposal for a regulation
Article 5 – paragraph 4 – subparagraph 2
| Text proposed by the Commission | Amendment |
| When an applicant enforcement authority makes use of the possibility provided in subparagraph 1, the requested enforcement authority may refuse to provide information, indicating the reasons for the refusal. | When an applicant enforcement authority makes use of the possibility provided in subparagraph 1, the requested enforcement authority shall provide, within 90 days, information, indicating the reasons for the refusal. |
Or. en
Amendment 162
Daniel Buda, Dan-Ştefan Motreanu
Proposal for a regulation
Article 5 – paragraph 4 – subparagraph 2 a (new)
| Text proposed by the Commission | Amendment |
| When the requested enforcement authority does not have the requested information, the response referred to in paragraph 1 must indicate that this information is missing. | |
| In such cases, the authority concerned may decide, on its own initiative, to obtain the necessary information, notify the requesting enforcement authority that it is initiating enquiries, and subsequently send a second, updated, response. |
Or. ro
Amendment 163
Daniel Buda, Dan-Ştefan Motreanu
Proposal for a regulation
Article 5 – paragraph 4 a (new)
| Text proposed by the Commission | Amendment |
| (4a) In order to increase the efficiency of cross-border cooperation between enforcement authorities in the field of combating unfair commercial practices, a special procedural mechanism shall be established to enable the prioritisation of urgent requests submitted by competent authorities in other Member States. |
Or. ro
Amendment 164
Daniel Buda, Dan-Ştefan Motreanu
Proposal for a regulation
Article 5 – paragraph 4 b (new)
| Text proposed by the Commission | Amendment |
| (4b) The Commission may adopt implementing acts, in accordance with Article 21, laying down the special procedural mechanism for the prioritisation of urgent requests provided for in paragraph 4a. |
Or. ro
Amendment 165
Valérie Deloge, Marie Dauchy, Tomáš Kubín
Proposal for a regulation
Article 5 a (new)
| Text proposed by the Commission | Amendment |
| Article 5a | |
| Confidentiality of information | |
| 1. For the purposes of this Regulation, enforcement authorities shall provide one another with information and use in evidence any matter of fact or of law, including confidential or sensitive information, as long as a competent judicial authority of the Member State concerned has not taken a reasoned decision to the contrary. | |
| 2. The information exchanged shall only be used in evidence for the exclusive purposes of applying this Regulation and with regard to the subject-matter for which it was collected by the enforcement authority. | |
| 3. The information provided in accordance with paragraph 1 shall be used by the enforcement authorities only with due regard to the legitimate interests of a natural or legal person, including the protection of trade secrets and of intellectual property rights. | |
| 4. Where one of the parties requests protection of information in accordance with Article 5(3) of Directive 2019/633, the applicant enforcement authority must request the express permission of the party concerned to receive or, where appropriate, forward the information concerned. |
Or. fr
Amendment 166
Mireia Borrás Pabón
Proposal for a regulation
Article 5 a (new)
| Text proposed by the Commission | Amendment |
| Article 5a | |
| At the initiative of a competent authority or a Member State, it may be requested that: | |
| (a) the requesting enforcement authority withdraw a request pursuant to Article 5(4); and (b) if the information has already been provided, the requested enforcement authority withdraw the information supplied, when an assessment is being carried out as to whether the national rules referred to in Article 9 of Directive (EU) 2019/633 are compatible with the rules governing the functioning of the internal market, or where there are reasonable grounds to believe that such national rules are not compatible with those rules. |
Or. en
Amendment 167
Valérie Deloge, Marie Dauchy, Tomáš Kubín
Proposal for a regulation
Article 5 b (new)
| Text proposed by the Commission | Amendment |
| Article 5b | |
| Transparency obligations | |
| 1. In accordance with Article 5 of Directive (EU) 2019/633, the necessary measures shall be taken for the appropriate protection of the identity of the complainant or the members or suppliers. However, in the interests of transparency and fairness, the applicant enforcement authority shall inform the entity or buyer concerned that proceedings have been initiated, indicating at least the practice(s) alleged, without disclosing any specific information that might adversely affect the complainant(s). | |
| 2. National enforcement authorities shall inform all parties of the steps in the proceedings, including where a request for mutual assistance is made under Article 9 of this Regulation, or where there is a refusal to comply with a request for mutual assistance in accordance with Article 10 of this Regulation. |
Or. fr
Amendment 168
Valérie Deloge, Marie Dauchy, Tomáš Kubín
Proposal for a regulation
Article 6 – paragraph 1
| Text proposed by the Commission | Amendment |
| 1. At the request and on behalf of an applicant enforcement authority, the requested enforcement authority shall exercise, in accordance with the national rules of its Member State, the powers set out in Article 6(1), first subparagraph, points (a), (b) and (c), of Directive (EU) 2019/633. | 1. At the request and on behalf of an applicant enforcement authority, the requested enforcement authority may exercise, in accordance with the national rules of its Member State, the powers set out in Article 6(1), first subparagraph, points (a), (b) and (c), of Directive (EU) 2019/633. Any request for the enforcement of a decision taken by the enforcement authority of another Member State may be subject to prior validation by a competent national court in the Member State of the requested authority before its enforcement. |
Or. fr
Amendment 169
Paulo Do Nascimento Cabral
Proposal for a regulation
Article 6 – paragraph 1
| Text proposed by the Commission | Amendment |
| 1. At the request and on behalf of an applicant enforcement authority, the requested enforcement authority shall exercise, in accordance with the national rules of its Member State, the powers set out in Article 6(1), first subparagraph, points (a), (b) and (c), of Directive (EU) 2019/633. | 1. At the request and on behalf of an applicant enforcement authority, the requested enforcement authority shall exercise, in accordance with the national rules of its Member State, the powers set out in Article 6(1), first subparagraph, points (a), (b), (c), and (d) of Directive (EU) 2019/633, and with its national law. |
Or. en
Amendment 170
Paulo Do Nascimento Cabral
Proposal for a regulation
Article 6 – paragraph 2
| Text proposed by the Commission | Amendment |
| 2. When a requested enforcement authority exercises the powers set out in Article 6(1), first subparagraph, points (a), (b) and (c), of Directive (EU) 2019/633 at the request and on behalf of an applicant enforcement authority, officials and other accompanying persons authorised or appointed by the applicant enforcement authority shall be permitted to attend and assist the requested enforcement authority, under the supervision of the officials of the requested enforcement authority. | 2. When a requested enforcement authority exercises the powers set out in Article 6(1), first subparagraph, points (a), (b), (c), and (d) of Directive (EU) 2019/633 at the request and on behalf of an applicant enforcement authority, officials and other accompanying persons authorised or appointed by the applicant enforcement authority shall be permitted to attend and assist the requested enforcement authority, under the supervision of the officials of the requested enforcement authority. |
Or. en
Amendment 171
Paulo Do Nascimento Cabral
Proposal for a regulation
Article 6 – paragraph 3
| Text proposed by the Commission | Amendment |
| 3. The requested enforcement authority shall inform the applicant enforcement authority about the steps and measures taken and the steps and measures that it intends to take. | 3. The requested enforcement authority shall inform the applicant enforcement authority without delay about the steps and measures taken and the steps and measures that it intends to take. |
Or. en
Amendment 172
Arash Saeidi
Proposal for a regulation
Article 6 – paragraph 3 a (new)
| Text proposed by the Commission | Amendment |
| 3a. In order to prevent the adverse effects of unfair trading practices by cross-border purchasing bodies, the enforcement authorities must, at the request of an applicant enforcement authority, carry out specific investigations with a view to identifying agricultural margin-squeezing and added-value appropriation strategies. The investigations must include a comparative analysis of the prices set by the purchasing bodies in the various Member States and identify practices that may constitute abuse of a dominant position or contractual blackmail. |
Or. fr
Amendment 173
Mireia Borrás Pabón
Proposal for a regulation
Article 6 a (new)
| Text proposed by the Commission | Amendment |
| Article 6a | |
| Enforcement authorities cannot make use of the possibilities referred to in this Article in relation to national rules within the meaning of Article 9 of Directive (EU) 2019/633. |
Or. en
Amendment 174
Valérie Deloge, Marie Dauchy, Tomáš Kubín
Proposal for a regulation
Article 7 – paragraph 1
| Text proposed by the Commission | Amendment |
| 1. At the request of an applicant enforcement authority, the requested authority shall enforce, in accordance with its national law, final decisions imposing fines or other equally effective penalties and interim measures adopted in accordance with Article 6(1), first subparagraph, point (e), of Directive (EU) 2019/633. | 1. At the request of an applicant enforcement authority, the requested authority shall enforce, in accordance with its national law, final decisions imposing fines or other equally effective penalties and interim measures adopted in accordance with Article 6(1), first subparagraph, point (e), of Directive (EU) 2019/633. Any request for the enforcement of a decision taken by the enforcement authority of another Member State may be subject to prior validation by a competent national court in the Member State of the requested authority before its enforcement. |
Or. fr
Amendment 175
Martin Häusling
on behalf of the Greens/EFA Group
Proposal for a regulation
Article 7 – paragraph 1
| Text proposed by the Commission | Amendment |
| 1. At the request of an applicant enforcement authority, the requested authority shall enforce, in accordance with its national law, final decisions imposing fines or other equally effective penalties and interim measures adopted in accordance with Article 6(1), first subparagraph, point (e), of Directive (EU) 2019/633. | 1. At the request of an applicant enforcement authority, the requested authority shall enforce, in accordance with its national law, final decisions imposing fines or other equally effective penalties and interim measures adopted in accordance with Article 6(1), first subparagraph, point (e), of Directive (EU) 2019/633. Fines imposed on non-EU buyers under this Regulation shall be enforceable against their EU Responsible Person. National courts shall recognize such liability as jointly and severally binding. |
Or. en
Amendment 176
Paulo Do Nascimento Cabral
Proposal for a regulation
Article 7 – paragraph 1
| Text proposed by the Commission | Amendment |
| 1. At the request of an applicant enforcement authority, the requested authority shall enforce, in accordance with its national law, final decisions imposing fines or other equally effective penalties and interim measures adopted in accordance with Article 6(1), first subparagraph, point (e), of Directive (EU) 2019/633. | 1. At the request of an applicant enforcement authority, the requested authority shall enforce, in accordance with its national law, final decisions imposing fines or other equally effective penalties and interim measures adopted in accordance with Article 6(1), first subparagraph, point (e), of Directive (EU) 2019/633 by the Member State of the applicant enforcement authority. |
Or. en
Amendment 177
Waldemar Buda
Proposal for a regulation
Article 7 – paragraph 1
| Text proposed by the Commission | Amendment |
| 1. At the request of an applicant enforcement authority, the requested authority shall enforce, in accordance with its national law, final decisions imposing fines or other equally effective penalties and interim measures adopted in accordance with Article 6(1), first subparagraph, point (e), of Directive (EU) 2019/633. | 1. At the request of an applicant enforcement authority, the requested authority shall enforce, in accordance with its national law, final decisions imposing penalties and interim measures adopted in accordance with Article 6(1), first subparagraph, point (e), of Directive (EU) 2019/633. |
Or. pl
Amendment 178
Waldemar Buda
Proposal for a regulation
Article 7 – paragraph 1 a (new)
| Text proposed by the Commission | Amendment |
| (1a) 1. This Regulation shall be without prejudice to national rules laying down sanctions and penalties for engaging in unfair trading practices, as defined in Directive (EU) 2019/633, provided that such national rules are compatible with the rules on the functioning of the internal market. |
Or. pl
Amendment 179
Paulo Do Nascimento Cabral
Proposal for a regulation
Article 7 – paragraph 2
| Text proposed by the Commission | Amendment |
| 2. Paragraph 1 shall apply only to the extent that, after having made reasonable efforts in its own territory, the applicant enforcement authority has ascertained that the buyer against which the fine and the other penalties and interim measures are enforceable does not have sufficient assets in the territory of its Member State. | 2. Paragraph 1 shall apply only to the extent that, after having made reasonable efforts in its own territory, the applicant enforcement authority has ascertained that the buyer against which the fine and the other penalties and interim measures are enforceable does not have sufficient assets in the territory of the Member State of the applicant enforcement authority. |
Or. en
Amendment 180
Waldemar Buda
Proposal for a regulation
Article 7 – paragraph 2
| Text proposed by the Commission | Amendment |
| 2. Paragraph 1 shall apply only to the extent that, after having made reasonable efforts in its own territory, the applicant enforcement authority has ascertained that the buyer against which the fine and the other penalties and interim measures are enforceable does not have sufficient assets in the territory of its Member State. | 2. Paragraph 1 shall apply only to the extent that, after having made reasonable efforts in its own territory, the applicant enforcement authority has ascertained that the buyer against which the penalty and interim measures are enforceable does not have sufficient assets in the territory of its Member State. |
Or. pl
Amendment 181
Paulo Do Nascimento Cabral
Proposal for a regulation
Article 7 – paragraph 4
| Text proposed by the Commission | Amendment |
| 4. Questions regarding limitation periods for the enforcement of fines, other equally effective penalties and interim measures shall be governed by the national law of the Member State of the requested authority. | 4. Questions regarding limitation periods for the enforcement of fines, other equally effective penalties and interim measures shall be governed by the national law of the Member State of the requested enforcement authority. |
Or. en
Amendment 182
Paulo Do Nascimento Cabral
Proposal for a regulation
Article 7 – paragraph 4 a (new)
| Text proposed by the Commission | Amendment |
| 4 a. Article 7a - Costs | |
| 1. In relation to measures taken pursuant to Article 5 or 6, when requested by the requested enforcement authority, the applicant enforcement authority shall bear all reasonable additional costs in full, including translation, labour and administrative costs, arising from the request. | |
| 2. The requested enforcement authority may recover the full costs incurred in relation to measures taken pursuant to Article 7 from the fine payments collected on behalf of the applicant enforcement authority, including translation, labour and administrative costs. If the requested enforcement authority is unsuccessful in collecting the fines, it may request the applicant authority to bear the costs incurred. | |
| 3. The requested enforcement authority shall recover the amounts due in the currency of its Member State, in accordance with its national law. | |
| 4. The requested enforcement authority shall, if necessary, in accordance with its national law, convert the fines into the currency of its Member State at the rate of exchange applying on the date on which the fines were imposed. |
Or. en
Amendment 183
Jessika Van Leeuwen
Proposal for a regulation
Article 7 – paragraph 4 a (new)
| Text proposed by the Commission | Amendment |
| 4 a. The Commission shall adopt a common methodology for | |
| (a) calculating maximum and minimum levels of administrative fines by reference to the buyer’s annual EU turnover and | |
| (b) mutual recognition of cost-recovery measures, including cross-border collection mechanisms. |
Or. en
Amendment 184
Mireia Borrás Pabón
Proposal for a regulation
Article 7 a (new)
| Text proposed by the Commission | Amendment |
| Article 7a | |
| Enforcement authorities cannot make use of the possibilities referred to in this Article in relation to national rules within the meaning of Article 9 of Directive (EU) 2019/633. |
Or. en
Amendment 185
Martin Häusling
on behalf of the Greens/EFA Group
Proposal for a regulation
Article 8 – paragraph 1
| Text proposed by the Commission | Amendment |
| An enforcement authority shall notify all other enforcement authorities within 1 month after adopting a decision establishing the occurrence of an unfair trading practice with a cross-border dimension in its Member State. | An enforcement authority shall notify all other enforcement authorities and the Commission within 1 month after adopting a decision establishing the occurrence of an unfair trading practice with a cross-border dimension in its Member State. The notification shall include a summary of the case, the parties involved, and the corrective measures applied, with due regard to confidentiality). |
Or. en
Amendment 186
Daniel Buda, Dan-Ştefan Motreanu
Proposal for a regulation
Article 8 – paragraph 1
| Text proposed by the Commission | Amendment |
| An enforcement authority shall notify all other enforcement authorities within 1 month after adopting a decision establishing the occurrence of an unfair trading practice with a cross-border dimension in its Member State. | An enforcement authority shall notify all other enforcement authorities within 30 days after adopting a decision establishing the occurrence of an unfair trading practice with a cross-border dimension in its Member State. |
Or. ro
Amendment 187
Paulo Do Nascimento Cabral
Proposal for a regulation
Article 9 – paragraph 1
| Text proposed by the Commission | Amendment |
| 1. The applicant enforcement authority shall, when making a request for mutual assistance, provide any relevant information necessary to enable the requested enforcement authority to fulfil that request, including any information that can be obtained only in the Member State of the applicant enforcement authority. | 1. The applicant enforcement authority shall, when making a request for mutual assistance: |
| (a) state as legal basis this Regulation, the national law transposing Directive (EU) 2019/633, the corresponding provisions of Article 1(2) and Article 3(1) and (2) of Directive (EU) 2019/633, the purpose of the request, including a description of the cross-border dimension of the alleged unfair trading practice, and specify the information requested under Article 5(1) or the enforcement measures requested under Articles 6 or 7; | |
| (b) provide any relevant information necessary to enable the requested enforcement authority to fulfil that request, including any information that can be obtained only in the Member State of the applicant enforcement authority. |
Or. en
Amendment 188
Mireia Borrás Pabón
Proposal for a regulation
Article 9 – paragraph 2
| Text proposed by the Commission | Amendment |
| 2. Requests for mutual assistance and all communications linked to them shall be made in writing using standard forms. | 2. Requests for mutual assistance and all communications linked to them shall be made in writing using standard forms that ensure information is only disclosed to the extent strictly necessary and indispensable to establishing whether an unfair trading practice with a cross-border dimension has occurred or is occurring. |
Or. en
Amendment 189
Paulo Do Nascimento Cabral
Proposal for a regulation
Article 9 – paragraph 2
| Text proposed by the Commission | Amendment |
| 2. Requests for mutual assistance and all communications linked to them shall be made in writing using standard forms. | 2. Requests for mutual assistance and all communications linked to them shall be made in writing standard forms for the requests for mutual assistance shall be used when they have been laid down by the Commission in accordance with Article 12. |
Or. en
Amendment 190
Jessika Van Leeuwen
Proposal for a regulation
Article 9 – paragraph 2 a (new)
| Text proposed by the Commission | Amendment |
| 2 a. All requests and communications under this Chapter shall be transmitted exclusively via the secure electronic system made available by the Commission for that purpose. |
Or. en
Amendment 191
Waldemar Buda
Proposal for a regulation
Article 9 – paragraph 2 a (new)
| Text proposed by the Commission | Amendment |
| 2a. Member States shall be entitled to the reimbursement of costs incurred in carrying out procedures in accordance with the rules laid down by the Commission in an implementing act, as referred to in Article 12. |
Or. pl
Amendment 192
Daniel Buda, Dan-Ştefan Motreanu
Proposal for a regulation
Article 9 – paragraph 2 a (new)
| Text proposed by the Commission | Amendment |
| (2a) The Commission may adopt implementing acts, in accordance with Article 21, establishing the standard forms provided for in paragraph 2. |
Or. ro
Amendment 193
Paulo Do Nascimento Cabral
Proposal for a regulation
Article 10 – paragraph 1 – introductory part
| Text proposed by the Commission | Amendment |
| 1. A requested enforcement authority may refuse to comply with a request for information under Article 5 only if one or both of the following applies: | 1. A requested enforcement authority may refuse to comply with a request for information under Article 5 (1) only if one or both of the following applies: |
Or. en
Amendment 194
Daniel Buda, Dan-Ştefan Motreanu
Proposal for a regulation
Article 10 – paragraph 1 – introductory part
| Text proposed by the Commission | Amendment |
| 1. A requested enforcement authority may refuse to comply with a request for information under Article 5 only if one or both of the following applies: | 1. A requested enforcement authority may refuse to comply with a request for information under Article 5 only if at least one of the following applies: |
Or. ro
Amendment 195
Mireia Borrás Pabón
Proposal for a regulation
Article 10 – paragraph 1 – introductory part
| Text proposed by the Commission | Amendment |
| 1. A requested enforcement authority may refuse to comply with a request for information under Article 5 only if one or both of the following applies: | 1. A requested enforcement authority may refuse to comply with a request for information under Article 5 only if any of the following applies: |
Or. en
Amendment 196
Paulo Do Nascimento Cabral
Proposal for a regulation
Article 10 – paragraph 1 – point a
| Text proposed by the Commission | Amendment |
| (a) following a consultation with the applicant enforcement authority, the information requested is not needed by the applicant enforcement authority to establish whether an unfair trading practice with a cross-border dimension has occurred or is occurring; | (a) following a consultation with the applicant enforcement authority, both enforcement authorities agree that the information requested is not needed by the applicant enforcement authority to establish whether an unfair trading practice with a cross-border dimension has occurred or is occurring; |
Or. en
Amendment 197
Daniel Buda, Dan-Ştefan Motreanu
Proposal for a regulation
Article 10 – paragraph 1 – point a
| Text proposed by the Commission | Amendment |
| (a) following a consultation with the applicant enforcement authority, the information requested is not needed by the applicant enforcement authority to establish whether an unfair trading practice with a cross-border dimension has occurred or is occurring; | (a) following a consultation with the applicant enforcement authority, both enforcement authorities decide that the information requested is not needed by the applicant enforcement authority to establish whether an unfair trading practice with a cross-border dimension has occurred or is occurring; |
Or. ro
Amendment 198
Waldemar Buda
Proposal for a regulation
Article 10 – paragraph 1 – point a a (new)
| Text proposed by the Commission | Amendment |
| (aa) the enforcement authority to which the request is addressed concludes that providing the information would be prejudicial to national rules on confidentiality and professional and trade secrecy. |
Or. pl
Amendment 199
Cristina Maestre
Proposal for a regulation
Article 10 – paragraph 1 – point b
| Text proposed by the Commission | Amendment |
| (b) criminal investigations or judicial proceedings have already been initiated against the same buyer in respect of the same unfair trading practice before the authorities in the Member State of the requested enforcement authority or of the applicant enforcement authority. | (b) criminal investigations or judicial proceedings have already been initiated against the same buyer in respect of the same unfair trading practice and for the same supplier and the same period before the authorities in the Member State of the requested enforcement authority or of the applicant enforcement authority. |
Or. en
Amendment 200
Cristina Maestre
Proposal for a regulation
Article 10 – paragraph 1 – point b
| Text proposed by the Commission | Amendment |
| (b) criminal investigations or judicial proceedings have already been initiated against the same buyer in respect of the same unfair trading practice before the authorities in the Member State of the requested enforcement authority or of the applicant enforcement authority. | (b) criminal investigations or judicial proceedings have already been initiated against the same buyer in respect of the same unfair trading practice and for the same supplier and the same period before the authorities in the Member State of the requested enforcement authority or of the applicant enforcement authority. |
Or. en
Amendment 201
Mireia Borrás Pabón
Proposal for a regulation
Article 10 – paragraph 2 – introductory part
| Text proposed by the Commission | Amendment |
| 2. A requested enforcement authority may refuse to comply with a request for enforcement measures under Articles 6 and 7 only if, having consulted with the applicant enforcement authority, one or both of the following applies: | 2. A requested enforcement authority may refuse to comply with a request for enforcement measures under Articles 6 and 7 only if, having consulted with the applicant enforcement authority and the Commision, any of the following applies: |
Or. en
Amendment 202
Paulo Do Nascimento Cabral
Proposal for a regulation
Article 10 – paragraph 2 – introductory part
| Text proposed by the Commission | Amendment |
| 2. A requested enforcement authority may refuse to comply with a request for enforcement measures under Articles 6 and 7 only if, having consulted with the applicant enforcement authority, one or both of the following applies: | 2. A requested enforcement authority may refuse to comply with a request for enforcement measures under Article 6 only if, having consulted with the applicant enforcement authority, at least one of the following applies: |
Or. en
Amendment 203
Valérie Deloge, Marie Dauchy, Tomáš Kubín
Proposal for a regulation
Article 10 – paragraph 2 – point a
| Text proposed by the Commission | Amendment |
| (a) criminal investigations or judicial proceedings have already been initiated, a judgment has been given, or a court settlement has been reached in respect of the same unfair trade practice before the judicial authorities in the Member State of the requested enforcement authority; | (a) criminal investigations or judicial proceedings have already been initiated or a judgment has been given against the same buyer in respect of the same unfair trading practice towards the same supplier, or a court settlement has been reached in respect of the same unfair trading practice before the judicial authorities in the Member State of the requested enforcement authority; |
Or. fr
Amendment 204
Paulo Do Nascimento Cabral
Proposal for a regulation
Article 10 – paragraph 2 – point a
| Text proposed by the Commission | Amendment |
| (a) criminal investigations or judicial proceedings have already been initiated, a judgment has been given, or a court settlement has been reached in respect of the same unfair trade practice before the judicial authorities in the Member State of the requested enforcement authority; | (a) criminal investigations or judicial proceedings have already been initiated, or a judgment has been given against the same buyer in respect of the same unfair trading practice , or a court settlement has been reached in respect of the same unfair trading practice before the judicial authorities in the Member State of the requested enforcement authority; |
Or. en
Amendment 205
Cristina Maestre
Proposal for a regulation
Article 10 – paragraph 2 – point a
| Text proposed by the Commission | Amendment |
| (a) criminal investigations or judicial proceedings have already been initiated, a judgment has been given, or a court settlement has been reached in respect of the same unfair trade practice before the judicial authorities in the Member State of the requested enforcement authority; | (a) criminal investigations or judicial proceedings have already been initiated, a judgment has been given, or a court settlement has been reached in respect of the same unfair trade practice and for the same supplier and the same period before the judicial authorities in the Member State of the requested enforcement authority; |
Or. en
Amendment 206
Waldemar Buda
Proposal for a regulation
Article 10 – paragraph 2 – point a a (new)
| Text proposed by the Commission | Amendment |
| (aa) (b) the enforcement authority to which the request is addressed finds that there are not sufficient legal or evidential grounds to act on a complaint. The authority shall then inform the complainant of this, providing grounds for the decision. |
Or. pl
Amendment 207
Valérie Deloge, Marie Dauchy, Tomáš Kubín
Proposal for a regulation
Article 10 – paragraph 2 – point b
| Text proposed by the Commission | Amendment |
| (b) the exercise of the necessary enforcement powers has already been initiated, or an administrative decision has already been adopted in respect of the same intra-Union infringement and against the same trader in the Member State of the requested authority in order to bring about the swift and effective cessation of the same unfair trade practice; | (b) the exercise of the necessary enforcement powers has already been initiated, or an administrative decision has already been adopted against the same buyer in respect of the same unfair trading practice towards the same supplier in respect of the same intra-Union infringement and against the same trader in the Member State of the requested authority in order to bring about the swift and effective cessation of the same unfair trading practice; |
Or. fr
Amendment 208
Paulo Do Nascimento Cabral
Proposal for a regulation
Article 10 – paragraph 2 – point b
| Text proposed by the Commission | Amendment |
| (b) the exercise of the necessary enforcement powers has already been initiated, or an administrative decision has already been adopted in respect of the same intra-Union infringement and against the same trader in the Member State of the requested authority in order to bring about the swift and effective cessation of the same unfair trade practice; | (b) the exercise of the necessary enforcement powers including administrative proceedings has already been initiated, or an administrative decision has already been adopted in respect of the same unfair trading practice in the Member State of the requested authority in order to bring about the swift and effective cessation of the same unfair trading practice; |
Or. en
Amendment 209
Krzysztof Hetman
Proposal for a regulation
Article 10 – paragraph 2 – point c
| Text proposed by the Commission | Amendment |
| (c) a criminal investigation or judicial proceedings have already been initiated as regards the same buyer in respect of the same unfair trade practice before the judicial authorities of the applicant; | (c) a criminal investigation or judicial proceedings have already been initiated as regards the same buyer in respect of the same unfair trade practice before the judicial authorities in the Member State of the applicant enforcement authority; |
Or. pl
Amendment 210
Cristina Maestre
Proposal for a regulation
Article 10 – paragraph 2 – point c
| Text proposed by the Commission | Amendment |
| (c) a criminal investigation or judicial proceedings have already been initiated as regards the same buyer in respect of the same unfair trade practice before the judicial authorities of the applicant; | (c) a criminal investigation or judicial proceedings have already been initiated as regards the same buyer in respect of the same unfair trade practice and for the same supplier and the same period before the judicial authorities of the applicant; |
Or. en
Amendment 211
Paulo Do Nascimento Cabral
Proposal for a regulation
Article 10 – paragraph 2 – point c
| Text proposed by the Commission | Amendment |
| (c) a criminal investigation or judicial proceedings have already been initiated as regards the same buyer in respect of the same unfair trade practice before the judicial authorities of the applicant; | (c) a criminal investigation or judicial proceedings have already been initiated against the same buyer in respect of the same unfair trading practice before the judicial authorities in the Member State of the applicant emforcement authority; |
Or. en
Amendment 212
Krzysztof Hetman
Proposal for a regulation
Article 10 – paragraph 2 – point d
| Text proposed by the Commission | Amendment |
| (d) the applicant enforcement authority has not provided the information that is necessary in accordance with Article 5. | (d) the applicant enforcement authority has not provided the information that is necessary in accordance with Article 9. |
Or. pl
Justification
Correction of an obvious mistake – the authority to which the request for mutual assistance is addressed should be able to refuse cooperation if it has not been provided with the necessary information. This is stated in Article 9, not Article 5.
Amendment 213
Waldemar Buda
Proposal for a regulation
Article 10 – paragraph 2 – point d a (new)
| Text proposed by the Commission | Amendment |
| (da) (d) the existing case law in the Member State of the enforcement authority – the addressee of the request – indicates that it is not possible or appropriate to take effective action in the case, in particular where either an investigation has been carried out which has not revealed any infringements in relation to the practice in question, or where there is case law according to which the practice cannot be considered unfair. |
Or. pl
Amendment 214
Daniel Buda, Dan-Ştefan Motreanu
Proposal for a regulation
Article 10 – paragraph 2 – point d a (new)
| Text proposed by the Commission | Amendment |
| (da) insufficient information exists. |
Or. ro
Amendment 215
Paulo Do Nascimento Cabral
Proposal for a regulation
Article 10 – paragraph 3
| Text proposed by the Commission | Amendment |
| 3. The requested enforcement authority shall inform the applicant enforcement authority of any refusal to comply with a request for mutual assistance, together with the reasons for that refusal. | 3. The requested enforcement authority shall inform without delay the applicant enforcement authority of any refusal to comply with a request for mutual assistance, together with the reasons for that refusal. |
Or. en
Amendment 216
Paulo Do Nascimento Cabral
Proposal for a regulation
Article 11 – paragraph 2
| Text proposed by the Commission | Amendment |
| 2. If no agreement can be reached between the enforcement authorities concerned, requests for mutual assistance shall be sent in the official language, or one of the official languages, of the Member State of the applicant enforcement authority and replies in the official language, or one of the official languages, of the Member State of the requested enforcement authority. | 2. If no agreement can be reached between the enforcement authorities concerned, requests for mutual assistance shall be sent in the official language, or one of the official languages, of the Member State of the applicant enforcement authority, accompanied by a courtesy translation in English and replies in the official language, or one of the official languages, of the Member State of the requested enforcement authority, accompanied by a courtesy translation in English. |
Or. en
Amendment 217
Valérie Deloge, Marie Dauchy, Tomáš Kubín
Proposal for a regulation
Article 11 – paragraph 2
| Text proposed by the Commission | Amendment |
| 2. If no agreement can be reached between the enforcement authorities concerned, requests for mutual assistance shall be sent in the official language, or one of the official languages, of the Member State of the applicant enforcement authority and replies in the official language, or one of the official languages, of the Member State of the requested enforcement authority. | 2. Regardless of any agreement between the enforcement authorities concerned, requests for mutual assistance shall always be sent in the official language, or one of the official languages, of the Member State of the applicant enforcement authority and replies in the official language, or one of the official languages, of the Member State of the requested enforcement authority. |
Or. fr
Amendment 218
Martin Häusling
on behalf of the Greens/EFA Group
Proposal for a regulation
Article 11 a (new)
| Text proposed by the Commission | Amendment |
| Article 11a | |
| Costs | |
| 1. Any reasonable additional costs arising for measures taken by the requested enforcement authority, including translation, labour and administrative costs, in order to fulfil a request by an applicant authority pursuant to Article 5 or 6 in this Regulation, shall be equally borne between the requested enforcement authority(/ies) and the applicant authority(/ies). However, costs shall not be passed on to affected suppliers, particularly small and medium-sized farmers, cooperatives, or other vulnerable actors in the supply chain. | |
| 3. Enforcement authorities may also use fines collected to fund legal and technical support for affected suppliers. |
Or. en
Amendment 219
Luke Ming Flanagan, Sebastian Everding
on behalf of The Left Group
Proposal for a regulation
Article 11 a (new)
| Text proposed by the Commission | Amendment |
| Article 11a | |
| (New) 11 (3) | |
| The languages used by the enforcement authorities for requests, notifications and all other communications for infringements that concern the EU and non-EU actors should be translated at least in English, French and Spanish. The European Commission should provide resources to comply with translation requirements. |
Or. en
Amendment 220
Daniel Buda, Dan-Ştefan Motreanu
Proposal for a regulation
Article 12 – paragraph 1
| Text proposed by the Commission | Amendment |
| The Commission may adopt implementing acts laying down standard forms for the requests of mutual assistance under Article 9(2). | The Commission may adopt implementing acts laying down the standardised procedure for the transmission of confidential information on the basis of Article 4a(5), the special procedural mechanism for the prioritisation of urgent requests on the basis of Article 5(4a), standard forms for the requests of mutual assistance under Article 9(2) and a standard procedure for the issuing of alerts on the basis of Article 19. |
Or. ro
Amendment 221
Martin Häusling
on behalf of the Greens/EFA Group
Proposal for a regulation
Article 12 – paragraph 1
| Text proposed by the Commission | Amendment |
| The Commission may adopt implementing acts laying down standard forms for the requests of mutual assistance under Article 9(2). | The Commission shall adopt implementing acts laying down standard forms for the requests of mutual assistance under Article 9(2). |
Or. en
Amendment 222
Krzysztof Hetman
Proposal for a regulation
Article 12 – paragraph 1
| Text proposed by the Commission | Amendment |
| The Commission may adopt implementing acts laying down standard forms for the requests of mutual assistance under Article 9(2). | The Commission shall adopt implementing acts laying down standard forms for the requests of mutual assistance under Article 9(2). |
Or. pl
Justification
The use of standard forms will improve communication between Member States. For this reason, their adoption by the Commission should be mandatory.
Amendment 223
Waldemar Buda
Proposal for a regulation
Article 12 – paragraph 1 a (new)
| Text proposed by the Commission | Amendment |
| Implementing powers shall be conferred on the Commission to determine, by the date of application of this Regulation, the sources and rules for claiming reimbursement of the costs of proceedings for Member States. |
Or. pl
Amendment 224
Waldemar Buda
Proposal for a regulation
Article 12 – paragraph 2
| Text proposed by the Commission | Amendment |
| The implementing acts referred to in the first paragraph shall be adopted in accordance with the examination procedure referred to in Article 21. | The implementing acts referred to in the first and second paragraphs shall be adopted in accordance with the examination procedure referred to in Article 21. |
Or. pl
Amendment 225
Martin Häusling
on behalf of the Greens/EFA Group
Proposal for a regulation
Article -13 (new)
| Text proposed by the Commission | Amendment |
| Article -13 | |
| Role of the Commission | |
| 1. In the event of a disagreement between the applicant authority and the requested authority lasting more than 30 working days, the Commission shall be appointed as coordinator. The Commission shall facilitate mediation between authorities to resolve disputes efficiently, safeguarding fair competition and protecting vulnerable suppliers. | |
| 2. The Commission shall maintain a centralized reporting mechanism to aggregate complaints and identify patterns of abuse. |
Or. en
Amendment 226
Waldemar Buda
Proposal for a regulation
Article 13 – title
| Text proposed by the Commission | Amendment |
| Launch of a coordinated action and designation of the coordinator | Launch of a coordinated action and the role of the coordinator |
Or. pl
Amendment 227
Paulo Do Nascimento Cabral
Proposal for a regulation
Article 13 – paragraph 2
| Text proposed by the Commission | Amendment |
| 2. The enforcement authorities concerned by the widespread unfair trading practice with a cross-border dimension shall designate an enforcement authority to be the coordinator. | 2. The enforcement authorities concerned by the widespread unfair trading practice with a cross-border dimension shall designate an enforcement authority to be the coordinator. If those enforcement authorities are unable to reach an agreement on that designation, the enforcement authority that has issued the alert pursuant to Article 19 shall be the coordinator. |
Or. en
Amendment 228
Waldemar Buda
Proposal for a regulation
Article 13 – paragraph 2
| Text proposed by the Commission | Amendment |
| 2. The enforcement authorities concerned by the widespread unfair trading practice with a cross-border dimension shall designate an enforcement authority to be the coordinator. | 2. The role of coordinator shall be performed by the enforcement authority of the Member State in which the entity in violation of Directive (EU) 2019/633 has its head office or centre of activities within the EU. This authority shall be assisted in the exercise of its powers by the authorities of the other Member States. |
Or. pl
Justification
The Commission proposal leaves the decision on the selection of the coordinator to the Member States concerned. This solution could lead to procedural deadlock, as Member States are likely to evade this responsibility due to the financial and administrative costs of proceedings. On the other hand, the authorities of the Member State in whose territory the entity in violation of the provisions of the Unfair Trading Practices Directive has its head office or centre of activities will have the best knowledge and instruments to take effective action.
Amendment 229
Krzysztof Hetman
Proposal for a regulation
Article 13 – paragraph 2
| Text proposed by the Commission | Amendment |
| 2. The enforcement authorities concerned by the widespread unfair trading practice with a cross-border dimension shall designate an enforcement authority to be the coordinator. | 2. The enforcement authorities concerned by the widespread unfair trading practice with a cross-border dimension shall designate an enforcement authority to be the coordinator. Where the authorities fail to reach an agreement on this matter, the authority that issued the alert referred to in Article 19 shall act as coordinator. |
Or. pl
Justification
In cases of coordinated action, the coordinator shall play an important role. If the enforcement authorities concerned by a cross-border unfair trading practice cannot reach an agreement on the designation of a coordinator, the authority that initiated the action should be designated as coordinator.
Amendment 230
Daniel Buda, Dan-Ştefan Motreanu
Proposal for a regulation
Article 13 – paragraph 2
| Text proposed by the Commission | Amendment |
| 2. The enforcement authorities concerned by the widespread unfair trading practice with a cross-border dimension shall designate an enforcement authority to be the coordinator. | 2. The enforcement authorities concerned by the widespread unfair trading practice with a cross-border dimension shall designate, by common agreement, an enforcement authority to be the coordinator. |
Or. ro
Amendment 231
Waldemar Buda
Proposal for a regulation
Article 13 – paragraph 3
| Text proposed by the Commission | Amendment |
| 3. The enforcement authorities concerned by the widespread unfair trading practice with a cross-border dimension shall conduct investigations on the basis of information that is available to them. They shall notify the results of such investigations to the other enforcement authorities, pursuant to Article 19. | 3. The coordinator shall conduct investigations on the basis of information that is available to them. It shall notify the results of such investigations to the other enforcement authorities, pursuant to Article 19. |
Or. pl
Amendment 232
Luke Ming Flanagan, Sebastian Everding
on behalf of The Left Group
Proposal for a regulation
Article 13 – paragraph 5 – point b
| Text proposed by the Commission | Amendment |
| b) the Member States where the suppliers that may be affected by the unfair trading practice are established. | b) the Member States or the non-EU state where the suppliers that may be affected by the unfair trading practice are established. |
Or. en
Justification
Art.1(2) of the UTP Directive 2019/633 states: “This Directive applies to sales where either the supplier or the buyer, or both, are established in the Union." According to the Directive, infringements can occur also between a European actor and a supplier or buyer based outside the EU. Keeping this aspect within the scope of the new proposal is essential to ensure fair market conditions between EU and non-EU producers while promoting ethical and sustainable trade relationships.
Amendment 233
Cristina Maestre
Proposal for a regulation
Article 14 – paragraph 1 – point a
| Text proposed by the Commission | Amendment |
| (a) a criminal investigation or judicial proceedings have already been initiated, a judgment has been given, or a court settlement has been reached in respect of the same buyer and concerning the same unfair trading practice in that enforcement authority’s Member State; | (a) a criminal investigation or judicial proceedings have already been initiated, a judgment has been given, or a court settlement has been reached in respect of the same buyer and concerning the same unfair trading practice and for the same supplier and the same period in that enforcement authority’s Member State; |
Or. en
Amendment 234
Valérie Deloge, Marie Dauchy, Tomáš Kubín
Proposal for a regulation
Article 14 – paragraph 1 – point a
| Text proposed by the Commission | Amendment |
| (a) a criminal investigation or judicial proceedings have already been initiated, a judgment has been given, or a court settlement has been reached in respect of the same buyer and concerning the same unfair trading practice in that enforcement authority’s Member State; | (a) a criminal investigation, an administrative procedure or judicial proceedings have already been initiated, a judgment has been given, or a court settlement has been reached in respect of the same buyer(s) and concerning the same unfair trading practice in that enforcement authority’s Member State; |
Or. fr
Amendment 235
Paulo Do Nascimento Cabral
Proposal for a regulation
Article 14 – paragraph 1 – point a
| Text proposed by the Commission | Amendment |
| (a) a criminal investigation or judicial proceedings have already been initiated, a judgment has been given, or a court settlement has been reached in respect of the same buyer and concerning the same unfair trading practice in that enforcement authority’s Member State; | (a) a criminal investigation, judicial proceedings or administrative proceedings have already been initiated, a judgment has been given, or a court settlement has been reached in respect of the same buyer or buyers and concerning the same unfair trading practice in that enforcement authority’s Member State; |
Or. en
Amendment 236
Cristina Maestre
Proposal for a regulation
Article 14 – paragraph 1 – point b
| Text proposed by the Commission | Amendment |
| (b) the enforcement authority has already initiated investigations before the issuing of an alert referred to in Article 19, or an administrative decision has been adopted against the same buyer in respect of the same unfair trading practice in that enforcement authority’s Member State to bring about the cessation of the widespread unfair trading practice with a cross-border dimension; | (b) the enforcement authority has already initiated investigations before the issuing of an alert referred to in Article 19, or an administrative decision has been adopted against the same buyer in respect of the same unfair trading practice and for the same supplier and the same period in that enforcement authority’s Member State to bring about the cessation of the widespread unfair trading practice with a cross-border dimension; |
Or. en
Amendment 237
Valérie Deloge, Marie Dauchy, Tomáš Kubín
Proposal for a regulation
Article 14 – paragraph 1 – point b
| Text proposed by the Commission | Amendment |
| (b) the enforcement authority has already initiated investigations before the issuing of an alert referred to in Article 19, or an administrative decision has been adopted against the same buyer in respect of the same unfair trading practice in that enforcement authority’s Member State to bring about the cessation of the widespread unfair trading practice with a cross-border dimension; | (b) the enforcement authority has already initiated investigations before the issuing of an alert referred to in Article 19, or an administrative decision has been adopted against the same buyer(s) in respect of the same unfair trading practice in that enforcement authority’s Member State to bring about the cessation of the widespread unfair trading practice with a cross-border dimension; |
Or. fr
Amendment 238
Paulo Do Nascimento Cabral
Proposal for a regulation
Article 14 – paragraph 1 – point b
| Text proposed by the Commission | Amendment |
| (b) the enforcement authority has already initiated investigations before the issuing of an alert referred to in Article 19, or an administrative decision has been adopted against the same buyer in respect of the same unfair trading practice in that enforcement authority’s Member State to bring about the cessation of the widespread unfair trading practice with a cross-border dimension; | (b) the enforcement authority has already initiated investigations before the issuing of an alert referred to in Article 19, or an administrative decision has been adopted against the same buyer or buyers in respect of the same unfair trading practice in that enforcement authority’s Member State to bring about the cessation of the widespread unfair trading practice with a cross-border dimension; |
Or. en
Amendment 239
Waldemar Buda
Proposal for a regulation
Article 14 – paragraph 1 – point c a (new)
| Text proposed by the Commission | Amendment |
| (ca) the existing case law in the Member State in question indicates that it is not possible or appropriate to take effective action in the case, in particular where either an investigation has been carried out which has not revealed any infringements in relation to the practice in question, or where there is case law according to which the practice cannot be considered unfair. |
Or. pl
Amendment 240
Mireia Borrás Pabón
Proposal for a regulation
Article 14 – paragraph 1 a (new)
| Text proposed by the Commission | Amendment |
| 1 a. The coordinated action relates to national rules within the meaning of Article 9 of Directive (EU) 2019/633’ |
Or. en
Amendment 241
Daniel Buda, Dan-Ştefan Motreanu
Proposal for a regulation
Article 14 – paragraph 2
| Text proposed by the Commission | Amendment |
| 2. Where an enforcement authority refuses to take part in the coordinated action, it shall inform the Commission and the other enforcement authorities concerned by the widespread unfair trading practice with a cross-border dimension about its decision without delay, stating the reasons for its decision and providing any necessary supporting documents. | 2. Where an enforcement authority refuses to take part in the coordinated action, it shall inform the Commission and the other enforcement authorities concerned by the widespread unfair trading practice with a cross-border dimension about its decision without delay, stating in detail the reasons for its decision and providing any necessary supporting documents. |
Or. ro
Amendment 242
Daniel Buda, Dan-Ştefan Motreanu
Proposal for a regulation
Article 14 a (new)
| Text proposed by the Commission | Amendment |
| Article 14a | |
| Mediation Mechanism | |
| The European Commission shall act as a mediation mechanism for the resolution of potential disagreements between Member States and refusals of cooperation for no objective reason, and to prevent blockages in the mutual assistance process. |
Or. ro
Amendment 243
Waldemar Buda
Proposal for a regulation
Article 15 – paragraph 1
| Text proposed by the Commission | Amendment |
| 1. The enforcement authorities concerned by the coordinated action shall ensure that investigations and inspections are conducted in a coordinated manner. They shall seek to conduct investigations and inspections and, to the extent that national law so allows, to apply interim measures simultaneously with one another. | 1. The coordinator shall ensure that investigations and inspections are conducted in a coordinated manner. It shall seek to conduct investigations and inspections and, to the extent that national law so allows, to apply interim measures simultaneously with one another. |
Or. pl
Amendment 244
Paulo Do Nascimento Cabral
Proposal for a regulation
Article 15 – paragraph 1
| Text proposed by the Commission | Amendment |
| 1. The enforcement authorities concerned by the coordinated action shall ensure that investigations and inspections are conducted in a coordinated manner. They shall seek to conduct investigations and inspections and, to the extent that national law so allows, to apply interim measures simultaneously with one another. | 1. The enforcement authorities concerned by the coordinated action shall ensure that investigations and inspections are conducted in a timely and coordinated manner. They shall seek to conduct investigations and inspections and, to the extent that national law so allows, to apply interim measures simultaneously with one another. |
Or. en
Amendment 245
Waldemar Buda
Proposal for a regulation
Article 15 – paragraph 2
| Text proposed by the Commission | Amendment |
| 2. The enforcement authorities concerned by the coordinated action shall set out the outcome of the investigation and the assessment of the widespread unfair trading practice with a cross-border dimension in a common position, summarising the national decisions adopted. | 2. The coordinator shall set out the outcome of the investigation and the assessment of the widespread unfair trading practice with a cross-border dimension, summarising the national decisions adopted in its own Member State and a recommendation for a decision to be adopted in the other Member States. |
Or. pl
Amendment 246
Krzysztof Hetman
Proposal for a regulation
Article 15 – paragraph 2
| Text proposed by the Commission | Amendment |
| 2. The enforcement authorities concerned by the coordinated action shall set out the outcome of the investigation and the assessment of the widespread unfair trading practice with a cross-border dimension in a common position, summarising the national decisions adopted. | 2. The enforcement authorities concerned by the coordinated action shall set out the outcome of the investigation and the assessment of the widespread unfair trading practice with a cross-border dimension in a joint statement, summarising the national decisions adopted. |
Or. pl
Justification
Reaching a common position among different enforcement authorities may be very difficult and/or restrict the independence of national authorities.
The objective of the provisions appears to be ensuring the transparency of proceedings and their outcomes. This objective can be attained by publishing a statement summarising the outcomes of the proceedings and the measures adopted in each Member State.
Amendment 247
Krzysztof Hetman
Proposal for a regulation
Article 15 – paragraph 3
| Text proposed by the Commission | Amendment |
| 3. Without prejudice to the rules on confidentiality and on professional and trade secrecy laid down in Directive (EU) 2016/943 of the European Parliament and of the Council6, the enforcement authorities concerned by the coordinated action shall publish the common position or parts thereof on their websites and inform the Commission of the publication. | 3. Without prejudice to the rules on confidentiality and on professional and trade secrecy laid down in Directive (EU) 2016/943 of the European Parliament and of the Council6, the enforcement authorities concerned by the coordinated action shall publish the joint statement or parts thereof on their websites and inform the Commission of the publication. |
| _________________ | _________________ |
| 6 Directive (EU) 2016/943 of the European Parliament and of the Council of 8 June 2016 on the protection of undisclosed know-how and business information (trade secrets) against their unlawful acquisition, use and disclosure (OJ L 157, 15.6.2016, p. 1, ELI: http://data.europa.eu/eli/dir/2016/943/oj). | 6 Directive (EU) 2016/943 of the European Parliament and of the Council of 8 June 2016 on the protection of undisclosed know-how and business information (trade secrets) against their unlawful acquisition, use and disclosure (OJ L 157, 15.6.2016, 1, ELI: http://data.europa.eu/eli/dir/2016/943/oj). |
Or. pl
Justification
Reaching a common position among different enforcement authorities may be very difficult and/or restrict the independence of national authorities.
The objective of the provisions appears to be ensuring the transparency of proceedings and their outcomes. This objective can be attained by publishing a statement summarising the outcomes of the proceedings and the measures adopted in each Member State.
Amendment 248
Waldemar Buda
Proposal for a regulation
Article 15 – paragraph 3
| Text proposed by the Commission | Amendment |
| 3. Without prejudice to the rules on confidentiality and on professional and trade secrecy laid down in Directive (EU) 2016/943 of the European Parliament and of the Council6, the enforcement authorities concerned by the coordinated action shall publish the common position or parts thereof on their websites and inform the Commission of the publication. | 3. Without prejudice to the rules on confidentiality and on professional and trade secrecy laid down in Directive (EU) 2016/943 of the European Parliament and of the Council6, the coordinator shall publish the position agreed upon by all parties to the proceedings, or parts thereof, on their websites and inform the Commission of the publication. |
| _________________ | _________________ |
| 6 Directive (EU) 2016/943 of the European Parliament and of the Council of 8 June 2016 on the protection of undisclosed know-how and business information (trade secrets) against their unlawful acquisition, use and disclosure (OJ L 157, 15.6.2016, p. 1, ELI: http://data.europa.eu/eli/dir/2016/943/oj). | 6 Directive (EU) 2016/943 of the European Parliament and of the Council of 8 June 2016 on the protection of undisclosed know-how and business information (trade secrets) against their unlawful acquisition, use and disclosure (OJ L 157, 15.6.2016, 1, ELI: http://data.europa.eu/eli/dir/2016/943/oj). |
Or. pl
Amendment 249
Paulo Do Nascimento Cabral
Proposal for a regulation
Article 16 – paragraph 1
| Text proposed by the Commission | Amendment |
| 1. The enforcement authorities concerned by the coordinated action shall take within their jurisdiction all necessary enforcement measures under Article 6 of Directive (EU) 2019/633 against the buyer responsible for the widespread unfair trading practice with a cross-border dimension to bring about the cessation of that unfair trading practice. | 1. The enforcement authorities concerned by the coordinated action shall take within their jurisdiction all necessary enforcement measures under Article 6 of Directive (EU) 2019/633 against the buyer or buyers responsible for the widespread unfair trading practice with a cross-border dimension to bring about the cessation of that unfair trading practice. |
Or. en
Amendment 250
Paulo Do Nascimento Cabral
Proposal for a regulation
Article 18 – paragraph 1 – point d
| Text proposed by the Commission | Amendment |
| (d) maintain contact with the buyer and other parties concerned by the investigation or enforcement measures, as applicable, unless otherwise agreed by the enforcement authorities concerned and the coordinator; | (d) inform the buyer or buyers about the launch of a coordinated action and maintain contact with the buyer or buyers and other parties concerned by the investigation or enforcement measures, as applicable, unless otherwise agreed by the enforcement authorities concerned and the coordinator; |
Or. en
Amendment 251
Valérie Deloge, Marie Dauchy, Tomáš Kubín
Proposal for a regulation
Article 18 – paragraph 1 – point g a (new)
| Text proposed by the Commission | Amendment |
| (ga) ensure compliance with the obligations laid down in Articles 5a and 5b of this Regulation on confidentiality of information and transparency obligations. |
Or. fr
Amendment 252
Daniel Buda, Dan-Ştefan Motreanu
Proposal for a regulation
Article 19 – paragraph 1
| Text proposed by the Commission | Amendment |
| 1. An enforcement authority shall without delay alert the Commission and the other enforcement authorities that a widespread unfair trading practice with a cross-border dimension may be taking place. | 1. An enforcement authority shall without delay alert the Commission and the other enforcement authorities that a widespread unfair trading practice with a cross-border dimension may be taking place, regardless of whether this is only taking place within the Union or is also affecting third countries. |
Or. ro
Amendment 253
Paulo Do Nascimento Cabral
Proposal for a regulation
Article 19 – paragraph 2 – point a
| Text proposed by the Commission | Amendment |
| (a) a description of the widespread unfair trading practice with a cross-border dimension; | (a) a detailed description of the widespread unfair trading practice with a cross-border dimension; |
Or. en
Amendment 254
Paulo Do Nascimento Cabral
Proposal for a regulation
Article 19 – paragraph 3
| Text proposed by the Commission | Amendment |
| 3. The enforcement authority may, when issuing an alert, request enforcement authorities in other Member States to verify whether, based on information that is available or easily accessible to the relevant enforcement authorities, the same widespread unfair trading practices may be taking place in the territory of those other Member States or whether any proceedings are pending or any enforcement measures have already been taken against such unfair trading practices in those Member States. The enforcement authorities in those other Member States shall reply to the request without delay. | 3. The enforcement authority may, when issuing an alert, request enforcement authorities in other Member States to verify whether, based on information that is available or easily accessible to the relevant enforcement authorities, the same widespread unfair trading practices with a cross-border dimension may be taking place in the territory of those other Member States or whether any proceedings are pending or any enforcement measures have already been taken against that unfair trading practices in those Member States. The enforcement authorities in those other Member States shall reply to the request without delay. |
Or. en
Amendment 255
Paulo Do Nascimento Cabral
Proposal for a regulation
Article 20 – paragraph 2
| Text proposed by the Commission | Amendment |
| 2. If no agreement can be reached between the enforcement authorities concerned, notifications and other communications shall be sent in the official language or one of the official languages of the Member State making the notification or other communication. | 2. If no agreement can be reached between the enforcement authorities concerned, notifications and other communications shall be sent in the official language or one of the official languages of the Member State making the notification or other communication, accompanied by a courtesy translation in English. |
Or. en
Amendment 256
Valérie Deloge, Marie Dauchy, Tomáš Kubín
Proposal for a regulation
Article 20 – paragraph 2
| Text proposed by the Commission | Amendment |
| 2. If no agreement can be reached between the enforcement authorities concerned, notifications and other communications shall be sent in the official language or one of the official languages of the Member State making the notification or other communication. | 2. Regardless of any agreement between the enforcement authorities concerned, notifications and other communications shall always be sent in the official language or one of the official languages of the Member State making the notification or other communication. |
Or. fr
Amendment 257
Paulo Do Nascimento Cabral
Proposal for a regulation
Article 20 – paragraph 2 a (new)
| Text proposed by the Commission | Amendment |
| 2 a. CHAPTER IVa - COOPERATION IN RELATION TO BUYERS ESTABLISHED OUTSIDE THE UNION | |
| Article 20a - Cooperation in relation to buyers established outside the Union | |
| In relation to unfair trading practices laid down in Article 3(1) and (2) of Directive (EU) 2019/633 with a cross-border dimension which occur in relation to sales of agricultural and food products between buyers and suppliers referred to in Article 1(2) of Directive (EU) 2019/633 where the buyers are established outside the Union an enforcement authority may: | |
| (a) request information from an enforcement authority of another Member State to establish whether an unfair trading practice has occurred or is occurring in the Member State of the applicant enforcement authority. For such a request, Articles 4a, 5(1), (2) and (3), 7a, 8, 9, 10(1) and 11 shall apply mutatis mutandis. | |
| (b) alert the Commission and other enforcement authorities concerned when it suspects that an unfair trading practice by a buyer established outside the Union takes place and that that unfair trading practice may concern suppliers established in at least three Member States. For such alerts, Articles 4a, 19 (2) and (3) and 20 shall apply mutatis mutandis. |
Or. en
Amendment 258
Martin Häusling, David Cormand
on behalf of the Greens/EFA Group
Proposal for a regulation
Article 20 a (new)
| Text proposed by the Commission | Amendment |
| Article 20a | |
| EU Responsible Person | |
| Chapter IVa | |
| ENFORCEMENT MECHANISMS FOR UNFAIR TRADING PRACTICES INVOLVING BUYERS ESTABLISHED OUTSIDE THE EU | |
| Article 20a | |
| 1. Buyers established outside of the EU and purchasing from suppliers established in the EU shall appoint a responsible person (the "EU Responsible Person") established in the European Union. | |
| The EU Responsible Person shall: | |
| a) act as the primary point of contact for enforcement authorities and the Commission; | |
| b) assume full financial and legal liability for the buyer’s compliance with this Regulation. | |
| 2. The EU Responsible Person shall undertake the following tasks | |
| (a) Maintain up-to-date records of the non-EU buyer’s transactions in the EU; | |
| (b) Facilitate investigations, including providing documents, data, and testimony to enforcement authorities or the Commission; | |
| (c) Ensure compliance with final decisions, fines, or penalties issued under this Regulation. | |
| 3. Failure to appoint an EU Responsible Person shall result in the suspension of market access for the non-EU buyer’s products until compliance is re-established. |
Or. en
Amendment 259
Daniel Buda, Dan-Ştefan Motreanu
Proposal for a regulation
Article 22 – paragraph 2
| Text proposed by the Commission | Amendment |
| It shall apply from [+ 1 year from the adoption]. | It shall apply from [18 months from the adoption]. |
Or. ro
Justification
More time is needed for the adoption of all implementing acts and the proper establishment of mechanisms for cross-border law enforcement.