Sittings · Document
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) 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 such 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 and a level playing field in the internal market. |
| __________________ | __________________ |
| 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 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. 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
Justification
The wording in the 2024 Commission report on the implementation of the UTP directive states that the directive “does not always provide sufficient legal basis for mutual assistance in cross-border investigations”. Hence, only referring to the “principle of territoriality” is a bit too narrow in this context. Suggestion to change the phrasing to be in line with the Commission report. See also the explanatory memorandum point 2.
Amendment 3
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 justification for their refusal. |
Or. en
Amendment 4
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. |
Or. en
Amendment 5
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. |
Or. en
Amendment 6
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, 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 competence of national law. Moreover, enforcement authorities should give reasons for such a refusal. |
Or. en
Amendment 7
Proposal for a regulation
Recital 12 a (new)
| Text proposed by the Commission | Amendment |
| (12a) National authorities operate with limited resources. To ensure that this does not create practical barriers to the smooth cooperation between authorities, this Regulation should clarify how potential additional costs arising for the authorities concerned when engaging in mutual assistance should be borne between the authorities concerned. |
Or. en
Amendment 8
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. en
Justification
This sentence should be deleted to be in line with the amendment to Article 12 putting an obligation on the Commission to come up with implementing acts.
Amendment 9
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. |
Or. en
Amendment 10
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. |
Or. en
Amendment 11
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
Justification
Suggestion to add a reference to the overarching objective of the Regulation, to ensure sound competition and a level playing field in the Internal Market.
Amendment 12
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. |
Or. en
Amendment 13
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 all the necessary resources, including technical, financial and human resources, and expertise for the application of this Regulation. |
Or. en
Amendment 14
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 from the day of receipt of the request, unless otherwise agreed, provide the applicant enforcement authority with any relevant information necessary to establish whether an unfair trading practice with a cross-border dimension has occurred or is occurring. |
Or. en
Justification
The suggested new wording "any relevant information necessary" is in line with article 11 of Regulation (EU) 2017/2394 of the European Parliament and of the Council of 12 December 2017 on cooperation between national authorities responsible for the enforcement of consumer protection laws and repealing Regulation (EC) No 2006/2004. Proposal to change to be coherent with similar regulations but also to provide the requested authority with the possibility to judge what information is actually relevant and necessary based on the request and their available resources.
Amendment 15
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. |
Or. en
Amendment 16
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. |
Or. en
Amendment 17
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 in order to bring about the cessation of that unfair trading practice. |
Or. en
Amendment 18
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 measures taken and the steps and measures that it intends to take, and whether the unfair trading practice has ceased. |
Or. en
Amendment 19
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, 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, 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. |
Or. en
Justification
It is necessary to allow another “competent public body which has principal responsibility for the enforcement of such decisions under national laws, regulations and administrative practice” to exercise this power, if needed. Such wording is in line with the ECN+ Directive. This is because the UTP enforcement authority would not necessarily have a role in the enforcement of final decisions imposing fines or penalties.
Amendment 20
Proposal for a regulation
Article 7 a (new)
| Text proposed by the Commission | Amendment |
| Article 7a | |
| Costs | |
| 1. 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. | |
| 2. The requested enforcement authority or competent public body referred to in Article 7(1) may recover the full costs incurred in relation to measures undertaken 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 or competent public body referred to in Article 7(1) is unable to collect the fines, it may request the applicant authority to bear an equal share of the costs incurred. |
Or. en
Justification
As national authorities operate with limited budgetary resources, clarity on the matter on how potential additional costs arising from requests by authorities in other member states should be borne between the concerned parties should contribute to diminish practical barriers to cross-border cooperation in cases where additional resources may be needed.
Amendment 21
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. |
Or. en
Amendment 22
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: |
Or. en
Amendment 23
Proposal for a regulation
Article 9 – paragraph 1 – point a (new)
| Text proposed by the Commission | Amendment |
| (a) a reference to this Regulation as a legal basis of their request; |
Or. en
Amendment 24
Proposal for a regulation
Article 9 – paragraph 1 – point b (new)
| Text proposed by the Commission | Amendment |
| (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; |
Or. en
Amendment 25
Proposal for a regulation
Article 9 – paragraph 1 – point c (new)
| Text proposed by the Commission | Amendment |
| (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. |
Or. en
Amendment 26
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 the standard forms established by the Commission in accordance with Article 12. |
Or. en
Amendment 27
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. |
Or. en
Justification
Suggest this addition in line with the Regulation (EU) 2017/2394 of the European Parliament and of the Council of 12 December 2017 on cooperation between national authorities responsible for the enforcement of consumer protection laws and repealing Regulation (EC) No 2006/2004, in order to give the possibility to refer a disagreement to the Commission, which will issue an opinion providing guidance on the matter.
Amendment 28
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. |
Or. en
Amendment 29
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 and replies in the official language, or one of the official languages, of the Member State of the requested enforcement authority. In such cases, each competent authority shall be responsible for the necessary translations of the requests, replies and other documents that it receives from another competent authority. |
Or. en
Amendment 30
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 31
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. |
Or. en
Justification
The regulation should provide principal guidance on which enforcement authority should be assigned the coordinator role in case the concerned authorities cannot agree on that designation. It is proposed that the authority in the Member State where the buyer is located should be assigned the coordinator role in case of agreement, as it is most likely to have the principal investigator in a case of a suspected prohibited trading practice.
Amendment 32
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. |
Or. en
Amendment 33
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. |
Or. en
Amendment 34
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. |
Or. en
Amendment 35
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). |
Or. en
Amendment 36
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. |
Or. en
Justification
The current wording seems to create an unnecessary binary choice of grounds for choosing to close a coordinated action. There could be other situations where there are not sufficient grounds to act on a complaint or continue investigating, for example where an authority concludes that it will not be possible to prove that a UTP has occurred to the necessary evidential standard. The enforcement authorities also have the right according to the UTP Directive not to investigate based on administrative prioritisation grounds. This additional wording covers those situations.
Amendment 37
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 delay, the enforcement authorities of the Member States concerned by the coordinated action and the Commission of the cessation of the coordinated action. |
Or. en
Amendment 38
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; |
Or. en
Amendment 39
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; |
Or. en
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 declares that he received input from the following entities or persons in the preparation of the draft opinion:
| Entity and/or person |
| European Commission |
| Government of Sweden |
| The Federation of Swedish Farmers (Lanbrukarnas Riksförbund) |
| The Swedish Food Federation (Livsmedelsföretagen) |
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.