What changed between the draft committee report and the plenary report

DRAFT EUROPEAN PARLIAMENT LEGISLATIVE RESOLUTION

7 unchanged paragraphs

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

(COM(2024)0576 – C10 0208/2024– 2024/0318(COD))

(Ordinary legislative procedure: first reading)

The European Parliament,

– having regard to the Commission proposal to Parliament and the Council (COM(2024)0576)

– having regard to Article 294(2) and Article 43(2) of the Treaty on the Functioning of the European Union, pursuant to which the Commission submitted the proposal to Parliament (C100208/2024),

having regard to Article 294(3) of the Treaty on the Functioning of the European Union,

Change 1

Removed:– after transmission of the draft legislative act to the national parliaments,

Added:– having regard to the opinion of the European Economic and Social Committee of 27 March 2025,

Changed:– having regard to the opinion of the European Economic and Social Committee of 27the Regions of March15 May 2025,

– having regard to Rule 60 of its Rules of Procedure,

Changed:– having regard to the opinion of the Committee on the Internal Market and Consumer Protection,

Changed:– having regard to the report of the Committee on Agriculture and Rural Development (A10-0000/2025),(A10-0153/2025),

1. Adopts its position at first reading hereinafter set out;

2. Calls on the Commission to refer the matter to Parliament again if it replaces, substantially amends or intends to substantially amend its proposal;

3. Instructs its President to forward its position to the Council, the Commission and the national parliaments.

Change 2

Changed:ArticleRecital 1 –a paragraph(new): 1:(1a) ThisThe Regulationfirst laysevaluation downof certainDirective rules(EU) under2019/633 whichtogether with a report on the enforcementmain authorities,findings havingshould beenbe designatedpresented by theirthe MemberCommission Statesby as1 responsibleNovember for2025. The report from the enforcementCommission ofon Implementing the prohibition of unfair trading practices into business-to-businessstrengthen relationshipsthe position of farmers and operators in the agricultural and food supply chain under- DirectiveState (EU)of 2019/633,play cooperateof and23 coordinateApril actions2024 withhighlighted eachthe otherpersistence withof aimbalances viewwithin tothe combatingagri-food practiceschain, thatwhich grosslyincreases deviatethe fromneed goodfor commerciala conduct,legislative proposal amending that areDirective contraryin order to goodfurther faithstep andup fairprotection dealingfor suppliers and thatensure aresufficient unilaterallybargaining imposedpower byto oneall tradingoperators partnerby onbroadening another.its scope.

Change 3

Removed:Article 2 – paragraph 1 – subparagraph 2: However, Articles 5, 6 and 7 of this Regulation also apply in relation to equivalent national rules within the meaning of Article 3(1), point (b), third sentence and Article 9 of Directive (EU) 2019/633 introduced by the concerned Member States, or if a Member State so decides in accordance with Articles 5(4), 6(4) and 7(4) of this Regulation.

Added:Recital 2: (2) Directive (EU) 2019/633 requires Member States to designate enforcement authorities that ensure the effective enforcement of the prohibitions laid down in that Directive. That Directive also requires the Commission and those enforcement authorities to cooperate closely to ensure a common approach with respect to the application of the rules set out in that Directive. In particular, the enforcement authorities should aim to prevent or stop unfair trading practices that have a cross-border dimension and that are performed in whole or in part on their respective territories. They should do so by providing each other with mutual assistance, including by sharing information and assisting in investigations that have a cross-border dimension.

Removed:Article 2 – paragraph 1 a (new): 1a. Article 20a of this Regulation applies in relation to unfair trading practices involving buyers or suppliers established outside the Union.

Added: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.

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 occurring in at least three Member States;

Added: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).

Added: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.

Added: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).

Added: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.

Added: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.

Added: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.

Added: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.

Added: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.

Added: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.

Added: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.

Added: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.

Added: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.

Added: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.

Added: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.

Added: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;

Added: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;

Added: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.

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.

Change 4

Changed:Article 4 – paragraph 1: Member States shall ensure that enforcement authorities have the necessaryresources, resourcesincluding technical, financial and human resources, and expertise necessary for the application of this Regulation,Regulation asand wellfor aspromoting awareness of the rights and obligations that it lays down, including making available clear, accessible and detailed information about its provisions to promotepersons awarenessconcerned and provideproviding to them the advisory services needed for thatits application.

Change 5

Removed:Article 5 – paragraph 1: 1. At the request of an applicant enforcement authority, a requested enforcement authority shall, without delay, and within 30 days, 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.

Added: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 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 law.

Added: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 4 – subparagraph 1: 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), third sentence, and Article 9 of Directive (EU) 2019/633.

Added: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.

Change 6

Changed:Article 5 – paragraph 4 – subparagraph 2: When an applicant enforcement authority3: makes3. useThe ofinformation theprovided possibilityshall providedonly inbe subparagraphcollected 1,by the requested enforcement authority shall,and withoutused delay,by and,the atapplicant theenforcement latest,authority withinin 60accordance days,with providetheir therespective applicantnational enforcementlaws authorityand with theRegulation information(EU) requested.2016/679.

Change 7

Added: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.

Added: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.

Added: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.

Added: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.

Added: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.

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.

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.

Change 8

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

Change 9

Changed: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), third sentence, and Article 9 of Directive (EU) 2019/633.2019/633 that do not qualify as overriding mandatory provisions within the meaning of Article 9 of Regulation (EC) No 593/2008.

Change 10

Changed: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.

Change 11

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 equally effective penalties and interim measures are not enforceable in the territory of its Member State.