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DRAFT REPORT (COM(2024)0576 – C100208/2024– 2024/0318(COD))

On the proposal for a regulation of the European Parliament and of the Council on 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

AGRI-PR-773115

Committee on Agriculture and Rural Development · Rapporteur: Stefano Bonaccini

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The draft report proposes amendments to the regulation on cooperation among enforcement authorities for Directive (EU) 2019/633 on unfair trading practices in the agri-food supply chain. It sets rules for mutual assistance, coordinated actions, and an alert system. Amendments extend cooperation to practices involving parties outside the EU, require member states to waive expense reimbursements, and mandate reporting and evaluation.

Committee position. The rapporteur proposes amendments to the Commission's proposal, extending cooperation to non-EU parties, establishing an alert system, and adjusting deadlines and procedures.

Key points

  1. Defines 'widespread unfair trading practice with a cross-border dimension' as occurring in at least three member states.
  2. Requires member states to take administrative and judicial steps to prevent or stop cross-border unfair trading practices on their territory.
  3. Mandates that enforcement authorities have resources, expertise, and provide awareness and advisory services.
  4. Sets a 30-day deadline for requested authorities to provide information, and requires them to provide information even for national rules if requested.
  5. Allows applicant authorities' officials to attend and assist in enforcement measures, and requires requested authorities to inform without delay.
  6. Extends enforcement of fines and penalties to cases where the buyer has no assets in the applicant's member state.
  7. Establishes an alert system for cross-border unfair trading practices, managed by the Commission, with designated contact points.
  8. Requires alerts to include details like description, member states concerned, buyer identity, and legal proceedings.
  9. Allows third countries or international organisations to participate in the alert system via agreements.
  10. Specifies grounds for refusing mutual assistance, including prior proceedings against the same buyer and practice.
  11. Requires the Commission to adopt implementing acts for standard forms and management arrangements within six months of entry into force.
  12. Extends cooperation to suppliers or buyers outside the EU, allowing requests for information and alerts for practices in at least three member states.

Who is affected

  • Enforcement authorities in member states: must cooperate, meet deadlines, and participate in the alert system.
  • Buyers and suppliers in the agri-food chain, including those outside the EU, may be subject to cross-border enforcement.
  • The Commission: manages the alert system and adopts implementing acts.

Figures and deadlines

  • 30 days: deadline for requested authority to provide information.
  • 60 days: deadline for requested authority to provide information when national rules apply.
  • At least three member states: threshold for widespread practice.
  • 6 months from entry into force: Commission adopts implementing acts.
  • 3 years from adoption: first evaluation by Commission.

Legal basis: Article 294(2) and Article 43(2) of the Treaty on the Functioning of the European Union