What changed between the plenary report and the adopted text

Removed:Recital 3: (3) Due to the principle of territoriality, enforcement authorities may face difficulties gathering information, finding an infringement and imposing and enforcing fines and other equally effective penalties where a buyer or a supplier is established in another Member State or outside the Union, including when a buyer is member of one or more retail alliances, as those entities have an inherent cross-border purchasing strategy and might circumvent certain legal provisions, even when the acquired agricultural and food products are intended for the market of the Member State of the supplier. 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 uniform rules strengthening cooperation between enforcement authorities in cross-border cases with the aim of reinforcing the position of farmers within the agricultural and food supply chain and of ensuring fairer standards of living for them.

Added:(As an agreement was reached between Parliament and Council, Parliament's position corresponds to the final legislative act, Regulation (EU) 2026/697.)

Removed:Recital 4: (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, provided that a reason is given for the refusal, the enforcement authorities should still have the right to refuse to comply with such a request for assistance in the enforcement of Directive (EU) 2019/633, except when it concerns the breach of overriding mandatory provisions within the meaning of Article 9 of Regulation (EC) No 593/2008 of the European Parliament and of the Council1a that aim to guarantee the stable and sustainable supply of food products to consumers. / 1a Regulation (EC) No 593/2008 of the European Parliament and of the Council of 17 June 2008 on the law applicable to contractual obligations (Rome I) (OJ L 177, 4.7.2008, p. 6, ELI: http://data.europa.eu/eli/reg/2008/593/oj).

Removed:Recital 5: (5) To ensure the effective application of their obligations under this Regulation, enforcement authorities should be provided with the necessary resources and expertise, including to avoid any charge for suppliers for submitting a complaint, to ensure confidentiality and to make available, in particular to agricultural and food producers, regulatory bodies and other responsible authorities, clear and accessible information on the possibilities for submitting a complaint.

Removed:Recital 6: (6) Enforcement authorities should have the power to provide one another with and use in evidence in accordance with their national law any matter of fact or of law, including confidential information, while paying particular attention to the protection of that information, assuring confidentiality and anonymity if requested by the complainant and applying the rules established by Regulation (EU) 2016/679 of the European Parliament and of the Council1a and by Directive (EU) 2019/633. 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. / 1a Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) (OJ L 119, 4.5.2016, p. 1, ELI: http://data.europa.eu/eli/reg/2016/679/oj).

Removed:Recital 7: (7) Enforcement authorities should be empowered in their own territory to exercise the powers referred to in Article 6(1), points (b), (c) and (d), of Directive (EU) 2019/633, in accordance with their national law, on behalf of and for the account of other enforcement authorities.

Removed:Recital 7 a (new): (7a) In order to increase the efficiency and effectiveness of this Regulation, to secure smooth cooperation between enforcement authorities and to avoid excessive costs for the requested enforcement authorities, rules on covering the costs of measures taken pursuant to this Regulation should be laid down. Moreover, enforcement authorities should be able to recover the costs incurred in relation to the enforcement from the fines collected.

Removed:Recital 8: (8) Enforcement authorities should inform one another and the Commission through a system for notifying alerts of an unfair trading practice with a cross-border dimension that has occurred or is occurring in their territory.

Removed:Recital 9: (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 ascertained that the fines or other equally effective penalties cannot be enforced in the Member States of those other enforcement authorities.

Removed:Recital 10 a (new): (10a) In order to increase the efficiency of cross-border cooperation between enforcement authorities, a procedural mechanism should be established to allow for the prioritisation of urgent requests. In this way, the requested enforcement authority will be better able to manage efforts to provide a response within the prescribed legal time limit, while respecting the principle of good cooperation and in the spirit of effective protection of the legitimate interests of the affected parties in the agricultural and food supply chain. In addition to this, it would be useful to establish a mechanism for managing subsequent requests for clarification, without retaining the 45-day time limit.

Removed:Recital 13: (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, requests for mutual assistance or requests for enforcement measures, as well as standard procedures for prioritising urgent requests and for the issuing of alerts, the transmission of notifications, communications and information among enforcement authorities. Those powers should be exercised in accordance with Regulation (EU) No 182/2011 of the European Parliament and of the Council4.

Removed:Recital 13 a (new): (13a) As regards the refusal of cooperation between authorities, a mediation mechanism, coordinated or represented by the Commission, should be introduced to clarify ambiguities, to resolve potential disagreements or unjustified refusals to cooperate and to prevent blockages of the mutual assistance process.

Removed:Recital 14: (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 through a dedicated system, 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.

Removed:Article 1 – paragraph 1: With a view to combating practices that grossly deviate from good commercial conduct, that are contrary to good faith and fair dealing and that are unilaterally imposed by one trading partner on another, 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 ensure compliance, to safeguard sound competition and to maintain a level playing field in the internal market.

Removed:Article 2 – paragraph 1 – subparagraph 1: 1. 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, including when those unfair trading practices originate from operators whose practices have an inherent cross-border component, such as those of retail alliances.

Removed:Article 2 – paragraph 1 – subparagraph 2: However, Articles 5, 6 and 7 of this Regulation also apply in relation to national rules within the meaning of Article 3(1), point (b), and Article 9 of Directive (EU) 2019/633 in cases involving Member States where those Member States mutually so decided in accordance with Article 5(4), Article 6(3a) and Article 7(4a) of this Regulation.

Removed:Article 3 – paragraph 1 – point d: (d) ‘unfair trading practice with a cross-border dimension’ means any unfair trading practice within the meaning of Directive (EU) 2019/633 involving one supplier and one buyer that are located in at least two different Member States or involving one supplier or buyer that is located within the Union and one supplier or buyer that is located outside the Union, or involving any unfair trading practice covered by stricter national rules that qualify as overriding mandatory provisions within the meaning of Article 9 of Regulation (EC) No 593/2008;

Removed:Article 3 – paragraph 1 – point e: (e) ‘widespread unfair trading practice with a cross-border dimension’ means any unfair trading practice within the meaning of Directive (EU) 2019/633 involving parties located in at least three Member States or parties located in at least two Member States and outside the Union;

Removed:Article 3 – paragraph 1 – point f a (new): (fa) 'EU Responsible Person’ means any natural or legal person established within the Union who is designated by a buyer located outside the Union to act on the buyer's behalf in relation to the obligations set out under Directive (EU) 2019/633 and this Regulation.

Removed:Article 3 a (new): Article 3a / General principle / Member States shall take appropriate administrative and judicial steps to prevent or stop the unfair trading practices referred to in Article 3(1) and (2) of Directive (EU) 2019/633 that have a cross-border dimension and that are performed in whole or in part on their respective territories.

Removed:Article 4 – paragraph 1: Member States shall ensure that enforcement authorities have the resources, including technical, financial and human resources, and expertise necessary for the application of this Regulation and for promoting awareness of the rights and obligations that it lays down, including making available clear, accessible and detailed information about its provisions to persons concerned and providing to them the advisory services needed for its application.

Removed:Article 4 a (new): Article 4a / Implementation and confidentiality of information / 1. Member States shall ensure that enforcement authorities do not impose any charges on suppliers for submitting a complaint regarding an unfair trading practice with a cross-border dimension. / 2. For the purposes of this Regulation, the enforcement authorities shall have the power to provide one another with information and use in evidence any fact or matter of law, including confidential information. / 3. Information exchanged shall only be used for the purpose for which it was collected by the requested enforcement authority. It shall only be used in evidence for the purpose of applying this Regulation. / 4. When using information provided pursuant to paragraph 2, enforcement authorities shall have due regard to the legitimate interests of natural or legal persons, including protection of trade secrets and intellectual property rights. / 5. In cases where a complainant requests the protection of information, including the protection of the identity of the complainant, pursuant to Article 5(3) of Directive (EU) 2019/633, the enforcement authority receiving the complaint shall ask for the agreement of the complainant to provide the protected information to another enforcement authority.

Removed:Article 4 b (new): Article 4b / EU Responsible Person / 1. Buyers located outside the Union shall designate an EU Responsible Person before entering into a contractual relation on agricultural and food products within the meaning of Article 1(2) of Directive (EU) 2019/633 with a supplier located within the Union. / 2. The terms of the designation shall constitute the EU Responsible Person's mandate. That mandate shall be valid from the moment that it is accepted in writing by the EU Responsible Person until its expiration or termination. / 3. The EU Responsible Person shall perform the tasks specified in the mandate agreed with the buyer. The EU Responsible Person shall provide a copy of the mandate to the enforcement authority, upon request. / The mandate shall include at least the following tasks: / (a) to act as the primary point of contact for enforcement authorities and the Commission; / (b) to assume full financial and legal liability for the buyer’s compliance with the obligations set out in Directive (EU) 2019/633 and in this Regulation; / (c) to maintain up-to-date records of the transactions in the Union of the buyer established outside the Union; / (d) to facilitate investigations, including providing documents, data and testimony to enforcement authorities or the Commission; / (e) to ensure compliance with final decisions, fines or penalties issued under the framework of Directive (EU) 2019/633 and of this Regulation; / (f) to terminate the mandate if the buyer acts contrary to its …

Removed:Article 5 – paragraph 1: 1. At the request of an applicant enforcement authority, a requested enforcement authority shall, without delay, and within 45 days from the date of receiving the request, 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. Where the applicant enforcement authority and the requested enforcement authority agree to an extension of that period of 45 days, it may be extended by an additional period of 45 days.

Removed:Article 5 – paragraph 3: 3. The information provided shall only be collected by the requested enforcement authority and used by the applicant enforcement authority in accordance with their respective national laws and with Regulation (EU) 2016/679.

Removed:Article 5 – paragraph 4 – subparagraph 1: 4. Member States may decide that enforcement authorities can make use of the possibilities referred to in this Article in relation to national rules within the meaning of Article 3(1), point (b), and Article 9 of Directive (EU) 2019/633 that do not qualify as overriding mandatory provisions within the meaning of Article 9 of Regulation (EC) No 593/2008.

Removed:Article 5 – paragraph 4 – subparagraph 1 a (new): When an applicant enforcement authority makes use of the possibility provided for in subparagraph 1, it shall cite this Regulation as a legal basis, as well as the national law laying down the prohibition of the unfair trading practice concerned. It shall also state the purpose of the request, specify what information is required and describe the unfair trading practice concerned.

Removed:Article 5 – paragraph 4 – subparagraph 2: When an applicant enforcement authority makes use of the possibility provided for in subparagraph 1, the requested enforcement authority may provide only partial information or refuse to provide information. In such case, the requested enforcement authority shall duly justify the reasons for the incomplete response or for the refusal in a reasoned and objective reply. That reply shall be sent to the applicant enforcement authority within 45 days of the submission of its request.

Removed:Article 5 – paragraph 4 a (new): 4a. In order to increase the efficiency of cross-border cooperation between enforcement authorities in the field of combating unfair commercial practices, a special procedural mechanism shall be established to enable urgent requests submitted by competent authorities in other Member States to be prioritised.

Removed:Article 5 – paragraph 4 b (new): 4b. The Commission may adopt implementing acts laying down the special procedural mechanism for the prioritisation of urgent requests provided for in paragraph 4a. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 21.

Removed:Article 6 – paragraph 1: 1. At the request and on behalf of an applicant enforcement authority, the requested enforcement authority shall exercise, in accordance with the national rules of its Member State, the powers set out in Article 6(1), first subparagraph, points (a), (b), (c) and (d), of Directive (EU) 2019/633.

Removed:Article 6 – paragraph 2: 2. When a requested enforcement authority exercises the powers set out in Article 6(1), first subparagraph, points (a), (b), (c) and (d), of Directive (EU) 2019/633 at the request and on behalf of an applicant enforcement authority, officials and other accompanying persons authorised or appointed by the applicant enforcement authority shall be permitted to attend and assist the requested enforcement authority, under the supervision of the officials of the requested enforcement authority.

Removed:Article 6 – paragraph 3: 3. The requested enforcement authority shall inform the applicant enforcement authority without delay about the steps and measures taken and the steps and measures that it intends to take.

Removed:Article 6 – paragraph 3 a (new): 3a. Member States may decide that enforcement authorities can make use of the possibilities referred to in this Article in relation to national rules within the meaning of Article 3(1), point (b), and Article 9 of Directive (EU) 2019/633 that do not qualify as overriding mandatory provisions within the meaning of Article 9 of Regulation (EC) No 593/2008.

Removed:Article 7 – paragraph 1: 1. At the request of an applicant enforcement authority, the requested authority shall enforce, without delay and in accordance with its national law, final decisions imposing fines or other equally effective penalties and interim measures adopted in accordance with Article 6(1), first subparagraph, point (e), of Directive (EU) 2019/633 by the Member State of the applicant enforcement authority.

Removed:Article 7 – paragraph 1 a (new): 1a. Fines imposed in the framework of Directive (EU) 2019/633 and of this Regulation on buyers established outside the Union may be enforceable against their EU Responsible Persons.

Removed:Article 7 – paragraph 2: 2. Paragraph 1 shall apply only to the extent that the applicant enforcement authority has ascertained that the fine and the other penalties and interim measures are not enforceable in the territory of the Member State of the applicant enforcement authority.

Removed:Article 7 – paragraph 2 a (new): 2a. This Regulation shall be without prejudice to national rules laying down sanctions and penalties for engaging in unfair trading practices, as provided for in Directive (EU) 2019/633.

Removed:Article 7 – paragraph 4: 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.

Removed:Article 7 – paragraph 4 a (new): 4a. Member States may decide that enforcement authorities can make use of the possibilities referred to in this Article in relation to national rules within the meaning of Article 3(1), point (b), and Article 9 of Directive (EU) 2019/633 that do not qualify as overriding mandatory provisions within the meaning of Article 9 of Regulation (EC) No 593/2008.

Removed:Article 7 a (new): Article 7a / Costs / 1. Member States shall waive all claims for the reimbursement of costs incurred in applying this Regulation, with the exception of measures taken pursuant to Articles 5, 6 and 7. / 2. In relation to measures taken pursuant to Articles 5 and 6, the requested enforcement authority may recover from the Member State of the applicant enforcement authority any costs and losses, including translation, labour and administrative costs, arising from measures that have been dismissed and held to be unfounded in a final decision by a court, as far as the substance of the infringement is concerned. / 3. The requested enforcement authority shall recover the amounts due in the currency of its Member State, in accordance with its national law. / 4. In relation to measures taken pursuant to Article 7, the requested enforcement authority may recover the full costs incurred from the fines collected on behalf of the applicant enforcement authority, including translation, labour and administrative costs. / 5. If necessary, the requested enforcement authority shall, in accordance with its national law, convert the fines into the currency of its Member State at the rate of exchange applying on the date on which the fines were imposed.

Removed:Article 8 – title: Notification and alert system

Removed:Article 8 – paragraph 1: 1. A system for notifying alerts that an unfair trading practice with a cross-border dimension might be taking place is hereby established as a network. The Commission and the enforcement authorities shall each designate a single point of contact, which shall be a member of the network. The Commission shall be responsible for managing the network in order to aggregate complaints and identify patterns of abuse.

Removed:Article 8 – paragraph 1 a (new): 1a. An enforcement authority shall notify the Commission and all other enforcement authorities within 30 days using the system laid down in paragraph 1 that an unfair trading practice with a cross-border dimension might be taking place in its Member State, regardless of whether it is taking place only within the Union or is taking place both within the Union and in one or more third countries.

Removed:Article 8 – paragraph 1 b (new): 1b. The enforcement authority shall, when issuing an alert referred to in paragraph 1, provide information about the suspected unfair trading practice with a cross-border dimension covered by this Regulation, including the following: / (a) a detailed description of the unfair trading practice with a cross-border dimension concerned under Directive (EU) 2019/633 and by reference to national law; / (b) the Member States concerned or possibly concerned by the unfair trading practice with a cross-border dimension; / (c) the identity of the buyer or buyers suspected of committing the unfair trading practice with a cross-border dimension; / (d) a description of any legal proceedings, enforcement measures or other measures taken concerning the unfair trading practice with a cross-border dimension and their dates and duration, as well as the status thereof; / (e) the identities of the enforcement authorities bringing the proceedings and taking other measures.

Removed:Article 8 – paragraph 1 c (new): 1c. Where a member of the network has information that an unfair trading practice with a cross-border dimension might be taking place, this information shall be notified to the Commission through the alert system within 30 days. The Commission shall transmit this information immediately to the members of the network. The Commission may supplement the notification with any information that is likely to facilitate rapid, appropriate action by enforcement authorities.

Removed:Article 8 – paragraph 1 d (new): 1d. The enforcement authority may, when issuing an alert, request enforcement authorities in other Member States to verify whether, based on information that is available or accessible to the relevant enforcement authorities, the same unfair trading practices with a cross-border dimension might be taking place in the territory of those other Member States or whether any proceedings are pending or any enforcement measures have already been taken against those unfair trading practices in those Member States. The enforcement authorities in those other Member States shall inform the Commission without delay of the action implemented or the measures taken following receipt of the notifications transmitted under the alert system. The Commission shall transmit that information without delay to the members of the network.

Removed:Article 8 – paragraph 1 e (new): 1e. Participation in the alert system may be opened to third countries or international organisations, on the basis of agreements between the Union and those countries or international organisations. / For the purposes of the first subparagraph, the Commission shall ensure that third countries and international organisations do not have direct access to the identity of natural persons.

Removed:Article 9 – paragraph 1: 1. The applicant enforcement authority shall, when making a request for mutual assistance, cite this Regulation as a basis, state the national law laying down the prohibition of the unfair trading practice concerned and the purpose of the request, specify the information required under Article 5(1) or the enforcement measures requested under Article 6 or 7, describe the unfair trading practice concerned and 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.

Removed:Article 9 – paragraph 2: 2. Requests for mutual assistance and all communications linked to them shall be made in writing using standard forms laid down by the Commission in accordance with Article 12.

Removed:Article 10 – paragraph 1 – introductory part: 1. A requested enforcement authority may refuse to comply with a request for information under Article 5(1) in accordance with Article 4a, only if at least one of the following applies:

Removed:Article 10 – paragraph 1 – point a: (a) following a consultation with the applicant enforcement authority, both enforcement authorities agree that the information requested is not needed by the applicant enforcement authority to establish whether an unfair trading practice with a cross-border dimension has occurred or is occurring;

Removed:Article 10 – paragraph 1 – point b: (b) criminal investigations or judicial proceedings have already been initiated against the same buyer in respect of the same unfair trading practice towards the same supplier and in the same period before the authorities in the Member State of the requested enforcement authority or of the applicant enforcement authority.

Removed:Article 10 – paragraph 2 – introductory part: 2. A requested enforcement authority may refuse to comply with a request for enforcement measures under Article 6 in accordance with Article 4a, only if, having consulted with the applicant enforcement authority and the Commission, at least one of the following applies:

Removed:Article 10 – paragraph 2 – point a: (a) criminal investigations or judicial proceedings have already been initiated, or a judgment has been given against the same buyer in respect of the same unfair trading practice towards the same supplier and in the same period, or a court settlement has been reached with the same buyer in respect of the same unfair trading practice before the judicial authorities in the Member State of the requested enforcement authority;

Removed:Article 10 – paragraph 2 – point b: (b) the exercise of the necessary enforcement powers has already been initiated, or an administrative decision has already been adopted against the same buyer in respect of the same unfair trading practice towards the same supplier in the Member State of the requested enforcement authority in order to bring about the swift and effective cessation of the same unfair trading practice;

Removed:Article 10 – paragraph 2 – point c: (c) a criminal investigation or judicial proceedings have already been initiated against the same buyer in respect of the same unfair trading practice towards the same supplier before the judicial authorities in the Member State of the applicant enforcement authority;

Removed:Article 10 – paragraph 2 – point d: (d) the applicant enforcement authority has not provided the information that is necessary to act on a complaint in accordance with Article 5.

Removed:Article 10 – paragraph 3: 3. The requested enforcement authority shall inform without delay 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.

Removed:Article 11 – paragraph 2: 2. If no agreement can be reached between the enforcement authorities concerned, requests for mutual assistance shall be sent in the official language, or one of the official languages, of the Member State of the applicant enforcement authority, accompanied by a courtesy translation in English, and replies in the official language, or one of the official languages, of the Member State of the requested enforcement authority, accompanied by a courtesy translation in English.

Removed:Article 12 – paragraph 1: By ... [6 months from the entry into force of this Regulation], the Commission shall adopt implementing acts laying down: / (a) standard forms for the requests of mutual assistance under Article 9(2); / (b) the measures for implementing Article 8, in particular the specific conditions and standard procedures applicable to the issuing of alerts and the transmission of notifications, communications and information among enforcement authorities.

Removed:Article 12 – paragraph 2: The implementing acts referred to in this Article shall be adopted in accordance with the examination procedure referred to in Article 21.

Removed:Article 13 – paragraph 2: 2. The enforcement authorities concerned by the widespread unfair trading practice with a cross-border dimension shall designate, by common agreement, an enforcement authority to be the coordinator. If those enforcement authorities are unable to reach an agreement on that designation, the enforcement authority that has issued the alert pursuant to Article 19 shall be the coordinator. That enforcement authority shall be assisted in the exercise of its powers by the other enforcement authorities concerned and by the Commission, in order to facilitate efficient cooperation among enforcement authorities, safeguard fair competition and protect vulnerable suppliers.

Removed:Article 13 – paragraph 3: 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.

Removed:Article 13 – paragraph 5 – point a: a) the Member States or the third country where the buyers are established;

Removed:Article 14 – paragraph 1 – point a: (a) a criminal investigation, administrative 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 or buyers and concerning the same unfair trading practice towards the same supplier or suppliers and in the same period in that enforcement authority’s Member State;

Removed:Article 14 – paragraph 1 – point b: (b) the enforcement authority has already initiated investigations before the issuing of an alert referred to in Article 19, or an administrative decision has been adopted against the same buyer or buyers in respect of the same unfair trading practice towards the same supplier or suppliers and in the same period in that enforcement authority’s Member State to bring about the cessation of the widespread unfair trading practice with a cross-border dimension;

Removed:Article 14 a (new): Article 14a / Mediation mechanism / The Commission shall act as a mediation mechanism for the resolution of potential disagreements between Member States and refusals of cooperation for no objective reason, and to prevent blockages in the mutual assistance process.

Removed:Article 15 – title: Investigative measures in coordinated actions

Removed:Article 15 – paragraph 1: 1. The enforcement authorities concerned by the coordinated action shall ensure that investigations and inspections are conducted in a timely, effective, 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.

Removed:Article 15 – paragraph 2: 2. The enforcement authorities concerned by the coordinated action shall set out the outcome of the investigation and the assessment of the widespread unfair trading practice with a cross-border dimension in a joint statement, summarising the national decisions adopted.

Removed:Article 15 – paragraph 3: 3. Without prejudice to the rules on confidentiality and on professional and trade secrecy laid down in Directive (EU) 2016/943 of the European Parliament and of the Council6, the enforcement authorities concerned by the coordinated action shall publish the joint statement or parts thereof on their websites and inform the Commission of the publication.

Removed:Article 16 – paragraph 1: 1. The enforcement authorities concerned by the coordinated action shall take within their jurisdiction all necessary enforcement measures under Article 6 of Directive (EU) 2019/633 against the buyer or buyers responsible for the widespread unfair trading practice with a cross-border dimension to bring about the cessation of that unfair trading practice.

Removed:Article 17 – paragraph 2: 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.

Removed:Article 18 – paragraph 1 – point a: (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;

Removed:Article 18 – paragraph 1 – point d: (d) inform the buyer or buyers about the launch of a coordinated action and maintain contact with the buyer or buyers and other parties concerned by the investigation or enforcement measures, as applicable, unless otherwise agreed by the enforcement authorities concerned and the coordinator;

Removed:Article 19 – paragraph 1: 1. An enforcement authority shall without delay alert the Commission and the other enforcement authorities that a widespread unfair trading practice with a cross-border dimension might be taking place, regardless of whether it is only taking place within the Union or is taking place both within the Union and in one or more third countries. For that purpose, the enforcement authority shall use the system laid down in Article 8, which shall apply mutatis mutandis.

Removed:Article 19 – paragraph 2: deleted / (deleted) / (deleted) / (deleted) / (deleted) / (deleted) / (deleted) / (deleted)

Removed:Article 19 – paragraph 3: deleted

Removed:Article 20 – paragraph 2: 2. If no agreement can be reached between the enforcement authorities concerned, notifications and other communications shall be sent in the official language or one of the official languages of the Member State making the notification or other communication, accompanied by a courtesy translation in English.

Removed:Article 20 a (new): Article 20a / Cooperation in relation to suppliers or buyers established outside the Union / 1. This Article applies to unfair trading practices within the meaning of Article 3(1) and (2) of Directive (EU) 2019/633 with a cross-border dimension that occur between buyers and suppliers referred to in Article 1(2) of Directive (EU) 2019/633 where either the supplier or the buyer is established outside the Union. / 2. With a view to establishing whether an unfair trading practice has occurred or is occurring in the territory of its Member State, an enforcement authority may request information from an enforcement authority of another Member State. Article 4a, Article 5(1), (2) and (3), Article 7a, Article 8, Article 9, Article 10(1) and Article 11 shall apply to such requests mutatis mutandis. / 3. When it suspects that an unfair trading practice by a buyer, irrespective of its place of establishment, takes place and that unfair trading practice might occur in at least three Member States, an enforcement authority may alert the Commission and other enforcement authorities concerned of those suspicions. Article 4(a), Article 19 and Article 20 shall apply to those alerts mutatis mutandis.

Removed:Article 20 b (new): Article 20b / Reporting / Member States shall ensure that their enforcement authorities include in the annual report referred to in Article 10(2) of Directive (EU) 2019/633 details of any of their activities falling within the scope of this Regulation. Those details shall, inter alia, include the number of requests received by applicant enforcement authorities, in accordance with Articles 5, 6, 7 and 9 of this Regulation, as well as the number of coordinated actions for widespread unfair trading practices with a cross-border dimension, in accordance with Article 13 of this Regulation, opened or closed during the previous year. / For each request or action that has been concluded, the report shall contain a summary description of the matter and of the steps and measures taken.

Removed:Article 21 a (new): Article 21a / Evaluation / 1. By ... [+ 3 years from the adoption of this Regulation], the Commission shall carry out the first evaluation of this Regulation and shall present a report on the main findings of that evaluation to the European Parliament and to the Council, as well as to the European Economic and Social Committee and the Committee of the Regions. That report shall be accompanied, if appropriate, by a legislative proposal. / The Commission shall base the report on the annual reports referred to in Article 10(2) of of Directive (EU) 2019/633. The Commission may, if necessary, request additional information from Member States. / 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 significant 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.