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
IMCO-AD-770204
Committee on the Internal Market and Consumer Protection · Rapporteur: Adnan Dibrani
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The committee opinion amends the proposed regulation on cross-border cooperation between enforcement authorities against unfair trading practices in the agri-food chain, clarifying procedures, costs, and coordination.¶¶¶ It extends application to non-EU buyers, sets timeframes, requires justification for refusals, and gives the Commission a role in disputes and standard forms.¶¶¶
Committee position. The committee proposes amendments to improve cooperation, including clarifying refusal grounds, cost sharing, coordinator designation, and Commission involvement.¶¶
Key points
- The opinion supports the Commission's proposal to strengthen cross-border cooperation between enforcement authorities against unfair trading practices.¶
- Requests for information must be answered within 45 days, and authorities may refuse if requests are disproportionate, out of scope, or conflict with national law, with justification.¶¶
- The regulation applies to unfair trading practices prohibited under Directive (EU) 2019/633 and stricter national rules if prohibited in both member states concerned.¶
- It also applies to practices by buyers established outside the EU if their activities target the internal market; such buyers may appoint an 'EU Responsible Person'.¶¶
- Member states must waive claims for reimbursement of expenses, except for costs from measures dismissed as unfounded by a court; translation costs shall not be passed to suppliers.¶
- Enforcement authorities must notify others and the Commission within 30 days of a decision establishing a cross-border unfair trading practice.¶
- The Commission shall adopt standard forms for mutual assistance requests within six months of the regulation's application.¶¶
- In disagreements between authorities, either may refer the matter to the Commission, which shall issue an opinion; the Commission may also act on its own initiative.¶
- If authorities cannot agree on a coordinator for coordinated actions, the authority of the member state where the suspected buyer is established shall be coordinator.¶
- The Commission shall issue guidelines on mutual assistance requests, including deadlines and escalation protocols.¶
- The Commission must report to Parliament and Council three years after application, assessing effectiveness, administrative burden, and enforcement trends.¶
Who is affected
- Enforcement authorities in member states: must cooperate, justify refusals, and follow new timeframes and procedures.¶¶¶
- Buyers established outside the EU: may be subject to cooperation if targeting the internal market and may appoint an EU Responsible Person.¶¶
- Suppliers, especially small and medium-sized enterprises and farmers: protected from bearing translation costs and supported in reporting practices.¶¶
- The Commission: issues opinions, standard forms, guidelines, and reports on the regulation's application.¶¶¶