Sittings · Document

OPINION (COM(2024)0576 – C100208/2024 – 2024/0318(COD)) 2025-06-27

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

Committee on the Internal Market and Consumer Protection · Rapporteur: Adnan Dibrani

SHORT JUSTIFICATION

The European Commission’s proposal for a “Regulation 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” seeks to complement Directive (EU) 2019/633 by strengthening the ability of enforcement authorities to cooperate in cases of cross-border Unfair Trading Practices (UTPs). In fact, the experience of enforcement authorities has been that the rules in place for this are not sufficient. By providing a new legal basis, this Regulation puts forwards necessary tools to ensure that the enforcement authorities can gather information, find infringements, and impose and enforce fines and other equally effective penalties against buyers located in another Member State.

The Rapporteur supports the objective of the Commission’s proposal to strengthen the ability of the enforcement authorities to cooperate in cases of cross-border UTP. This will deepen the internal market and ensure a level playing field, which ensures sound competition that is ultimately to the benefit of the consumer. His proposal therefore aims at improving the conditions for efficient cooperation between the enforcement authorities by further clarifying many practical aspects laid down in the Regulation.

In this regard, the Rapporteur suggests several elements to improve the framework of cooperation. When receiving a request for mutual assistance, the Rapporteur suggests giving the requested authority the possibility to judge what information is actually relevant and necessary based on the request and their available resources. He also suggests that enforcement authorities should duly justify any refusal to cooperate with each other but should also be able to refuse if the request is disproportionate, out of scope or in contradiction with national law. Moreover, given the limited resources of national authorities, the Rapporteur emphasises the need for clarity on cost sharing between authorities to diminish practical barriers to cross-border cooperation. Additionally, the Rapporteur seeks to provide guidance on which enforcement authority should be assigned the role of coordinator for coordinated actions in case of disagreement. The Rapporteur also proposes to be more precise regarding the timeframes proposed in the Regulation.

Furthermore, the Rapporteur believes it to be useful for the Commission to provide an opinion in cases of disagreement between enforcement authorities. He also believes that the Commission should set up standard forms for the requests for mutual assistance and provides certain precisions as to the content of those forms.

Finally, the Rapporteur considers that this regulation should be coherent with similar regulations, in particular Regulation (EU) 2017/2394 on cooperation between national authorities responsible for the enforcement of consumer protection laws.

AMENDMENTS

The Committee on the Internal Market and Consumer Protection submits the following to the Committee on Agriculture and Rural Development, as the committee responsible:

Amendment 1

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) In the agricultural and food supply chain, substantial imbalances in bargaining power between suppliers and buyers could often result in unfair trading practices. 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. Furthermore, efficient enforcement is also central to ensuring sound competition, a level playing field as well as the protection of vulnerable actors in the internal market.
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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).

Amendment 2

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) As Directive (EU) 2019/633 does not provide a sufficient legal basis for mutual assistance in cross-border investigations in all situations, 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.

Amendment 3

Proposal for a regulation

Recital 3 a (new)

Text proposed by the Commission	Amendment
	(3a) The findings of the report from the Commission to the European Parliament, the Council, the European economic and social committee and the Committee of the regions entitled “Implementing the prohibition of unfair trading practices to strengthen the position of farmers and operators in the agricultural and food supply chain – State of play” from 23 April 42024 show the fragmentation of the Union legal landscape and the persistence of imbalanced bargaining power in the Union agri-food chain.

Amendment 4

Proposal for a regulation

Recital 3 b (new)

Text proposed by the Commission	Amendment
	(3b) To prevent regulatory fragmentation, Member States should therefore strengthen cross-border cooperation between enforcement authorities. This includes the exchange of best practices, data-sharing mechanisms, and the possibility of joint investigations. Comprehensive cooperation mechanisms between Member States could help to better tackle market concentration and ensure fair market practices, in which neither food suppliers nor consumers are forced to depend on monopolies at the wholesale level. The Commission should provide support to facilitate effective enforcement in line with Directive (EU) 2019/633. It is therefore appropriate to establish rules strengthening cooperation between enforcement authorities in cross-border cases.

Amendment 5

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, this 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, on condition that they provide a clear, proportionate and justified reason for their refusal.

Amendment 6

Proposal for a regulation

Recital 5 a (new)

Text proposed by the Commission	Amendment
	(5a) In accordance with recital 12 of Directive (EU) 2019/633, suppliers in the Union should be protected not only against unfair trading practices by buyers that are established in the same Member State as the supplier or in a different Member State than the supplier, but also against unfair trading practices by buyers established outside the Union. Suppliers established outside the Union should also enjoy protection against unfair trading practices when they sell agricultural and food products into the Union. This Regulation should accordingly lay down provisions governing the cooperation between enforcement authorities of the Member States in relation to such practices, insofar as they are prohibited under Directive (EU) 2019/633 and imposed by buyers established outside the Union.

Amendment 7

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. The confidentiality of the information should be guaranteed. Requests by complainants for protection of information based on Article 5 (3) of Directive (EU) 2019/633 should be taken into account and protection should also be ensured in cross-border enforcement.

Amendment 8

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 within 30 days after adopting a decision establishing the occurrence of an unfair trading practice with a cross-border dimension in its Member State.

Amendment 9

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 fines or other equally effective penalties, or interim measures 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, or interim measures are to be enforced do not have sufficient assets in the Member States of those other enforcement authorities.

Amendment 10

Proposal for a regulation

Recital 10

Text proposed by the Commission	Amendment
(10) Enforcement authorities should be able to exchange and seek information from other enforcement authorities by issuing requests for information. These requests should specify what information is considered necessary in each case to conduct investigations of unfair trading practices.	(10) Enforcement authorities should be able to exchange and seek information from other enforcement authorities by issuing requests for mutual assistance. These requests should specify what information is considered necessary in each case to conduct investigations of unfair trading practices. To enable the requested enforcement authority to fulfil its obligations in that regard, the request should include all necessary information about the alleged unfair trading practice.

Amendment 11

Proposal for a regulation

Recital 10 a (new)

Text proposed by the Commission	Amendment
	(10a) To ensure the consistent application of Union and international rules on private international law, and to protect the integrity of the internal market, this Regulation applies to unfair trading practices that are prohibited by Article 3 of Directive (EU) 2019/633 and stricter national rules as provided in Article 9 of that Directive that are prohibited, at a minimum, in both the Member State of the requested enforcement authority and the Member State of the applicant enforcement authority, provided that such national rules are compatible with the rules on the functioning of the internal market.

Amendment 12

Proposal for a regulation

Recital 10 b (new)

Text proposed by the Commission	Amendment
	(10b) When carrying out investigations, national enforcement authorities should pay particular attention to cases affecting small and medium-sized enterprises, small and medium-sized farmers, agricultural cooperatives, and organic products producers, whose economic viability could be more vulnerable to unfair trading practices, and support them when reporting and addressing those unfair trading practices.

Amendment 13

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 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 or judicial proceedings taken at national level outside the mutual assistance mechanism would ensure cessation of the unfair trading practice with a cross-border dimension. Refusal should also be possible in cases where the request falls outside the scope of this Regulation or goes beyond the scope of national law. However, any such refusal should be fully justified and transparently communicated, ensuring that enforcement cooperation is not arbitrarily obstructed.

Amendment 14

Proposal for a regulation

Recital 12 a (new)

Text proposed by the Commission	Amendment
	(12a) In order to secure smooth cooperation between enforcement authorities and avoid that requests for mutual assistance result in excessive costs for the requested enforcement authorities, this Regulation should clarify that Member States should waive all claims for reimbursement of expenses incurred in applying this Regulation. In addition, costs should not be passed on to affected suppliers, particularly small and medium-sized farmers, cooperatives, or other vulnerable actors in the supply chain.

Amendment 15

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 .
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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).

Amendment 16

Proposal for a regulation

Recital 13 a (new)

Text proposed by the Commission	Amendment
	(13a) To ensure transparency, accountability, and the protection of confidential information exchanged under mutual assistance, the requested enforcement authority should keep records of all communications with the applicant authority during investigations or information requests. The applicant authority should use the information only for its intended purpose and apply appropriate safeguards, and erase it when no longer needed, unless retention is required under Union or national law. These measures are essential to support effective cooperation and trust between authorities, thereby contributing to the proper functioning of the internal market.

Amendment 17

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 buyers and suppliers from 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.

Amendment 18

Proposal for a regulation

Recital 14 a (new)

Text proposed by the Commission	Amendment
	(14a) In order to enhance coordination and ensure effective enforcement against unfair commercial practices across the Union, it is necessary that, when enforcement authorities become aware of such practices when dealing with mutual assistance requests they promptly notify the relevant public authorities in Member States. This will contribute to a swift and coordinated response and safeguards consumer protection throughout the internal market.

Amendment 19

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 and administrative proceedings in Member States should not be affected by the application of this Regulation.

Amendment 20

Proposal for a regulation

Recital 20

Text proposed by the Commission	Amendment
(20) Since the objective of this Regulation, namely cooperation between the enforcement authorities responsible for the enforcement of the prohibition of unfair trading practices under Directive (EU) 2019/633, cannot be sufficiently achieved by the Member States because they cannot ensure cooperation and coordination by acting alone, but can rather, by reason of its territorial and personal scope, be better achieved at the Union level, the Union may adopt measures, in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty on European Union. In accordance with the principle of proportionality, as set out in that Article, this Regulation does not go beyond what is necessary in order to achieve that objective.	(20) Since the objective of this Regulation, namely to strengthen the conditions for efficient cooperation between the enforcement authorities responsible for the enforcement of the prohibition of unfair trading practices with a cross-border dimension under Directive (EU) 2019/633, cannot be sufficiently achieved by the Member States because they cannot ensure cooperation and coordination by acting alone, but can rather, by reason of its territorial and personal scope, be better achieved at the Union level, the Union may adopt measures, in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty on European Union. In accordance with the principle of proportionality, as set out in that Article, this Regulation does not go beyond what is necessary in order to achieve that objective.

Amendment 21

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, safeguarding sound competition and a level playing field, as well as the security of supply in the internal market.

Amendment 22

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, that occur in relation to sales of agricultural and food products referred to in Article 1(2) of Directive (EU) 2019/633.

Amendment 23

Proposal for a regulation

Article 2 – paragraph 1 – subparagraph 1 a (new)

Text proposed by the Commission	Amendment
	In addition and as provided in Directive (EU) 2019/633, this Regulation applies to unfair trading practices with a cross-border dimension involving buyers established outside the EU (“non-EU buyers”), provided that their commercial activities target the internal market. Non-EU buyers may appoint a responsible person (the "EU Responsible Person") established in the Union.

Amendment 24

Proposal for a regulation

Article 2 – paragraph 2 a (new)

Text proposed by the Commission	Amendment
	2a. This Regulation applies to unfair trading practices that are prohibited by Article 3 of Directive (EU) 2019/633, as well as to stricter national rules as provided in Article 9 of Directive (EU) 2019/633 if they are, at a minimum, prohibited in both the Member State of the requested enforcement authority and the Member State of the applicant enforcement authority, provided that such national rules are compatible with the rules on the functioning of the internal market.

Amendment 25

Proposal for a regulation

Article 3 – paragraph 1 – point f a (new)

Text proposed by the Commission	Amendment
	(fa) ‘EU Responsible Person’ means a natural person resident in the Union or a legal person established in the Union, which is appointed by a non-EU buyer to assume liability under Article 2 (1a).

Amendment 26

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 adequate resources to effectively investigate unfair trading practices, including technical, financial and human resources and expertise for the application of this Regulation.

Amendment 27

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 information to one another and use this information evidence in any matter of fact or law, including confidential information.
	2. Information exchanged shall only be used as evidence for the purpose of applying this Regulation and within the scope of the request in respect of which it was collected by the requested enforcement authority.
	3. When the requested enforcement authority conducts investigations or sends requests for information it shall keep records of all the exchanges with the applicant authority.
	4. Member States shall ensure that the exercise of the powers and the fulfilment of obligations referred to in paragraphs 1- 3 are subject to appropriate safeguards, in accordance with the general principles of Union law and the Charter of Fundamental Rights of the European Union, in particular to prevent the disclosure of protected information without the agreement of the complainant or in cases where the complainant requests confidential treatment of information in line with Article 5(3) and Article 6(2) of Directive (EU) 2019/633.
	Upon receipt of information from a requested authority pursuant to a request made under Article 5, the applicant enforcement authority shall:
	a) not use the information in a manner incompatible with the purpose for which it was requested;
	b) implement technical and organisational measures that preserve the confidentiality of the requested information, in particular personal data, commercial, industrial or professional secrets, and safeguard the legitimate rights of economic operators concerned;
	c) erase the information as soon as it is no longer necessary for the stated purpose, unless archiving of the information is required in accordance with Union or national law.
	5. Those provisions are without prejudice to the Union and national rules on public access to documents.

Amendment 28

Proposal for a regulation

Article 5 – title

Text proposed by the Commission	Amendment
Requests for information	Requests for information and investigative measures

Amendment 29

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, the requested enforcement authority shall, without delay, and within 45 days from the day of receipt of the request, unless otherwise agreed, provide the applicant enforcement authority with any relevant information requested necessary 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.

Amendment 30

Proposal for a regulation

Article 5 – paragraph 2 a (new)

Text proposed by the Commission	Amendment
	2a. The requested authority shall undertake the appropriate and necessary investigations or take any other necessary or appropriate measures in order to gather the required information in accordance with the powers conferred on it pursuant to Article 6 of Directive (EU) 2019/633. If necessary, those investigations shall be carried out with the assistance of other public authorities or designated bodies. The requested enforcement authority may also seek or obtain relevant information from other competent national authorities of the Member States.

Amendment 31

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 be collected by the requested enforcement authority and used by the applicant enforcement authority in accordance with their national law.

Amendment 32

Proposal for a regulation

Article 5 – paragraph 3 a (new)

Text proposed by the Commission	Amendment
	3a. An applicant authority shall only use the procedure provided in paragraph 1 and 2 if it has exhausted the available sources of information which it could have used in the circumstances to obtain the information requested.

Amendment 33

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. The requested enforcement authority shall justify its refusal, within the period set out in the first paragraph, by submitting a reasoned reply.

Amendment 34

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 determine and take any necessary and appropriate enforcement measures, in accordance with the national rules of its Member State, when exercising the powers set out in Article 6(1), first subparagraph, points (a), (b) and (c), of Directive (EU) 2019/633 with the aim of bringing about the cessation of that unfair trading practice.

Amendment 35

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 without undue delay inform the applicant enforcement authority about the steps and enforcement measures, penalties and remedial actions taken and the steps and measures that it intends to take. It shall also explicitly confirm whether the unfair trading practice has ceased.

Amendment 36

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 enforcement authority or the competent public body which has principal responsibility for the enforcement of such decisions under national laws, regulations and administrative practices shall enforce, in accordance with its national law, and without delay 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.

Amendment 37

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.

Amendment 38

Proposal for a regulation

Article 7 a (new)

Text proposed by the Commission	Amendment
	Article 7a
	Waiver of reimbursement of expenses
	1. Member States shall waive all claims for the reimbursement of expenses incurred when applying this Regulation.
	2. Notwithstanding paragraph 1, as regards requests for enforcement measures under Article 6, the Member State of the applicant authority shall remain liable to the Member State of the requested authority for any costs and any losses incurred as a result of measures that have been dismissed and held to be unfounded by a court, as far as the substance of the infringement in question is concerned.
	3. Costs associated with translation shall not be passed on to affected suppliers or their representative.

Amendment 39

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 30 days 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.

Amendment 40

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, provide the following:
	(a) a reference to this Regulation as a legal basis of their request;
	(b) the purpose of the request, including a description of the alleged unfair trading practice with a cross-border dimension, and specify:
	(i) the information requested under Article 5(1), or
	(ii) the enforcement measures and decisions to be requested under Articles 6 or 7;
	(c) 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.

Amendment 41

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 digitally and in writing using the standard forms established by the Commission in accordance with Article 12.

Amendment 42

Proposal for a regulation

Article 9 – paragraph 2 a (new)

Text proposed by the Commission	Amendment
	2a. The Commission shall adopt an implementing act to establish the standard form for requests for mutual assistance referred to in paragraph 2, no later than six months after the date of application of this Regulation.

Amendment 43

Proposal for a regulation

Article 10 – paragraph 1 – point a a (new)

Text proposed by the Commission	Amendment
	(aa) following a consultation with the applicant enforcement authority, the unfair trading practice is neither prohibited by Article 3 of Directive (EU) 2019/633 nor at a minimum, prohibited in both the Member State of the requested enforcement authority and the Member State of the applicant enforcement authority;

Amendment 44

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) administrative proceedings, 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.

Amendment 45

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) administrative proceedings, 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;

Amendment 46

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 the applicant enforcement authority and the Commission of any refusal to comply with a request for mutual assistance, together with the reasons for that refusal.

Amendment 47

Proposal for a regulation

Article 10 – paragraph 3 a (new)

Text proposed by the Commission	Amendment
	3a. In the event of a disagreement between the applicant authority and the requested authority, either the applicant authority or the requested authority may refer the matter to the Commission, following which the Commission shall issue an opinion on the matter without undue delay. Where the matter has not been referred to the Commission, the Commission may nevertheless issue an opinion on its own initiative. For the purpose of issuing that opinion, the Commission may ask for relevant information and documents that have been exchanged between the applicant authority and the requested authority.

Amendment 48

Proposal for a regulation

Article 10 – paragraph 3 b (new)

Text proposed by the Commission	Amendment
	3b. Where appropriate, the Commission may issue guidance and provide advice to the Member States to ensure the effective and efficient functioning of the mutual assistance mechanism.

Amendment 49

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).

Amendment 50

Proposal for a regulation

Article 12 – paragraph 2 a (new)

Text proposed by the Commission	Amendment
	To ensure a uniform application of Directive (EU) 2019/633 as well as of this Regulation, and reduce fragmentation between national procedures, the Commission shall issue guidelines clarifying key provisions and common enforcement standards, in particular for mutual assistance requests, including deadlines and escalation protocols.

Amendment 51

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 one enforcement authority to be the coordinator. If those enforcement authorities are unable to reach an agreement on that designation, the authority of the Member State in which the buyer that is suspected to have engaged in the prohibited trading practice should be designated as the coordinator.

Amendment 52

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 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. The coordinator shall notify the results of such investigations to the other enforcement authorities, pursuant to Article 19.

Amendment 53

Proposal for a regulation

Article 13 – paragraph 5 a (new)

Text proposed by the Commission	Amendment
	5a. If the Commission has a reasonable suspicion of a widespread unfair trading practice with a cross-border dimension, it shall without delay notify the concerned enforcement authorities. The Commission shall state in the notification the grounds that justify a possible coordinated action. The concerned authorities shall conduct appropriate investigations as needed and if agreed between them, launch a coordinated action.

Amendment 54

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 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 and concerning the same unfair trading practice in that enforcement authority’s Member State;

Amendment 55

Proposal for a regulation

Article 14 – paragraph 1 – point a a (new)

Text proposed by the Commission	Amendment
	(aa) following a consultation with the applicant enforcement authority, the unfair trading practice is neither prohibited by Article 3 of Directive (EU) 2019/633 nor at a minimum, prohibited in both the Member State of the requested enforcement authority and the Member State of the applicant enforcement authority;

Amendment 56

Proposal for a regulation

Article 15 – title

Text proposed by the Commission	Amendment
Investigation measures in coordinated actions	Investigations in coordinated actions

Amendment 57

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 an effective, efficient 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.

Amendment 58

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 common position or parts thereof on their websites and inform the Commission of the publication after the coordinated action has been completed.
__________________	__________________
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, p. 1, ELI: http://data.europa.eu/eli/dir/2016/943/oj).

Amendment 59

Proposal for a regulation

Article 17 – paragraph 1

Text proposed by the Commission	Amendment
1. A coordinated action shall cease if the enforcement authorities concerned by the coordinated action conclude that the widespread unfair trading practice with a cross-border dimension has ceased in all Member States concerned, or that no such widespread unfair trading practice with a cross-border dimension was committed.	1. A coordinated action shall cease if the enforcement authorities concerned by the coordinated action conclude that the widespread unfair trading practice with a cross-border dimension has ceased in all Member States concerned, or that no such widespread unfair trading practice with a cross-border dimension was committed, or that a continued investigation is no longer warranted.

Amendment 60

Proposal for a regulation

Article 17 – paragraph 2

Text proposed by the Commission	Amendment
2. The coordinator referred to in Article 13(2) shall notify, where applicable, the enforcement authorities of the Member States concerned by the coordinated action of the cessation of the coordinated action without delay.	2. The coordinator referred to in Article 13(2) shall notify, where applicable, and without undue delay the enforcement authorities of the Member States concerned by the coordinated action and the Commission of the cessation of the coordinated action without delay.

Amendment 61

Proposal for a regulation

Article 18 – paragraph 1 – point a

Text proposed by the Commission	Amendment
(a) ensure that the enforcement authorities concerned are duly informed, in a timely manner, of the progress of the investigation or of the enforcement action, and informed of any anticipated next steps and the measures to be adopted;	(a) ensure that the enforcement authorities concerned and the Commission are duly informed, in a timely manner, of the progress of the investigation or of the enforcement action, and informed of any anticipated next steps and the measures to be adopted;

Amendment 62

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 buyers about the launch of a coordinated action and maintain contact with the buyers and other parties concerned by the investigation or enforcement measures, as applicable, unless otherwise agreed by the enforcement authorities concerned and the coordinator;

Amendment 63

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;

Amendment 64

Proposal for a regulation

Article 19 – paragraph 3 a (new)

Text proposed by the Commission	Amendment
	3a. Where, in the course of mutual assistance procedures pursuant to this Regulation, enforcement authorities become aware of an unfair commercial practice within the meaning of Directive 2005/29/EC, they shall immediately notify the relevant public authorities in the Member States concerned.

Amendment 65

Proposal for a regulation

Article 21 a (new)

Text proposed by the Commission	Amendment
	Article 21a
	Review and Reporting
	1. By ... [three years after the date of application of this Regulation], the Commission shall submit a report to the European Parliament and to the Council on the application of this Regulation.
	2. That report shall include an assessment of:
	a) the effectiveness and proportionality of the cooperation mechanisms established under this Regulation in enforcing the rules laid down in Directive (EU) 2019/633,
	b) any measurable changes in the level of administrative burden and compliance costs for Member States and businesses, especially small and medium-sized enterprises and primary producers.
	c) the evolution of enforcement activity, including the identification of the most frequent types of cross-border unfair trading practices, the most affected sectors, and buyer or buyers types most commonly involved.

Amendment 66

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 ... [+ 6 months from the entry into force of this Regulation].

ANNEX: ENTITIES OR PERSONS FROM WHOM THE RAPPORTEUR HAS RECEIVED INPUT

Pursuant to Article 8 of Annex I to the Rules of Procedure, the rapporteur for the opinion received input from the following entities or persons in the preparation of the opinion, prior to the adoption thereof in committee:

Entity and/or person
European Commission
Government of Sweden
The Federation of Swedish Farmers (Lanbrukarnas Riksförbund)
The Swedish Food Federation (Livsmedelsföretagen)
The Swedish Competition Authority (Konkurrensverket)
AIM - European Brands Association
Essity Aktiebolag (publ)
Independent Retail Europe
ICA Gruppen AB

The list above is drawn up under the exclusive responsibility of the rapporteur for the opinion.

Where natural persons are identified in the list by their name, by their function or by both, the rapporteur for the opinion declares that he has submitted to the concerned natural persons the European Parliament's Data Protection Notice No 484 (https://www.europarl.europa.eu/data-protect/index.do), which sets out the conditions applicable to the processing of their personal data and the rights linked to that processing.