report parliamentary committee draft, 28 April 2025
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
Document AGRI-PR-773115 · (COM(2024)0576 – C100208/2024– 2024/0318(COD))
Committee on Agriculture and Rural Development · Rapporteur: Stefano Bonaccini
AI:In short
The draft report proposes amendments to the regulation on cooperation among enforcement authorities for Directive (EU) 2019/633 on unfair trading practices in the agri-food supply chain. It sets rules for mutual assistance, coordinated actions, and an alert system. Amendments extend cooperation to practices involving parties outside the EU, require member states to waive expense reimbursements, and mandate reporting and evaluation.
Position. The rapporteur proposes amendments to the Commission's proposal, extending cooperation to non-EU parties, establishing an alert system, and adjusting deadlines and procedures.
Key points
- Defines 'widespread unfair trading practice with a cross-border dimension' as occurring in at least three member states.
- Requires member states to take administrative and judicial steps to prevent or stop cross-border unfair trading practices on their territory.
- Mandates that enforcement authorities have resources, expertise, and provide awareness and advisory services.
- Sets a 30-day deadline for requested authorities to provide information, and requires them to provide information even for national rules if requested.
- Allows applicant authorities' officials to attend and assist in enforcement measures, and requires requested authorities to inform without delay.
- Extends enforcement of fines and penalties to cases where the buyer has no assets in the applicant's member state.
- Establishes an alert system for cross-border unfair trading practices, managed by the Commission, with designated contact points.
- Requires alerts to include details like description, member states concerned, buyer identity, and legal proceedings.
- Allows third countries or international organisations to participate in the alert system via agreements.
- Specifies grounds for refusing mutual assistance, including prior proceedings against the same buyer and practice.
- Requires the Commission to adopt implementing acts for standard forms and management arrangements within six months of entry into force.
- Extends cooperation to suppliers or buyers outside the EU, allowing requests for information and alerts for practices in at least three member states.
Who is affected
- Enforcement authorities in member states: must cooperate, meet deadlines, and participate in the alert system.
- Buyers and suppliers in the agri-food chain, including those outside the EU, may be subject to cross-border enforcement.
- The Commission: manages the alert system and adopts implementing acts.
Figures and deadlines
- 30 days: deadline for requested authority to provide information.
- 60 days: deadline for requested authority to provide information when national rules apply.
- At least three member states: threshold for widespread practice.
- 6 months from entry into force: Commission adopts implementing acts.
- 3 years from adoption: first evaluation by Commission.
Legal basis. Article 294(2) and Article 43(2) of the Treaty on the Functioning of the European Union
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Draft european parliament legislative resolution 264 paragraphs
(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,
–after transmission of the draft legislative act to the national parliaments,
–having regard to the opinion of the European Economic and Social Committee of 27 of March 2025,
–having regard to Rule 60 of its Rules of Procedure,
–having regard to the opinion of the Committee the Internal Market and Consumer Protection,
–having regard to the report of the Committee on Agriculture and Rural Development (A10-0000/2025),
1.Adopts its position at first reading hereinafter set out;
Read the rest (252 paragraphs)
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.
Amendment 1
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 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. |
Or. en
Amendment 2
Proposal for a regulation
Article 2 – paragraph 1 – subparagraph 2
| Text proposed by the Commission | Amendment |
|---|---|
| However, Article 5 of this Regulation also applies in relation to national rules within the meaning of Article 9 of Directive (EU) 2019/633 if the Member State so decides in accordance with paragraph 4 of that Article. | 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. |
Or. en
Amendment 3
Proposal for a regulation
Article 2 – paragraph 1 a (new)
| Text proposed by the Commission | Amendment |
|---|---|
| 1a. Article 20a of this Regulation applies in relation to unfair trading practices involving buyers or suppliers established outside the Union. |
Or. en
Amendment 4
Proposal for a regulation
Article 3 – paragraph 1 – point e
| Text proposed by the Commission | Amendment |
|---|---|
| (e) ‘widespread unfair trading practice with a cross-border dimension’ means any unfair trading practice within the meaning of Directive (EU) 2019/633 involving at least three Member States; | (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; |
Or. en
Amendment 5
Proposal for a regulation
Article 3 a (new)
| Text proposed by the Commission | Amendment |
|---|---|
| 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. |
Or. en
Amendment 6
Proposal for a regulation
Article 4 – paragraph 1
| Text proposed by the Commission | Amendment |
|---|---|
| Member States shall ensure that enforcement authorities have the necessary resources and expertise for the application of this Regulation. | Member States shall ensure that enforcement authorities have the necessary resources and expertise for the application of this Regulation, as well as to promote awareness and provide advisory services needed for that application. |
Or. en
Amendment 7
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 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. |
Or. en
Amendment 8
Proposal for a regulation
Article 5 – paragraph 3
| Text proposed by the Commission | Amendment |
|---|---|
| 3. The information provided shall only be collected by the requested enforcement authority and used by the applicant enforcement authority in accordance with their national law. | 3. The information provided shall only be collected by the requested enforcement authority and used by the applicant enforcement authority in accordance with their respective national law. |
Or. en
Amendment 9
Proposal for a regulation
Article 5 – paragraph 4 – subparagraph 1
| Text proposed by the Commission | Amendment |
|---|---|
| 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 9 of Directive (EU) 2019/633. | 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. |
Or. en
Amendment 10
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 shall, without delay, and, at the latest, within 60 days, provide the applicant enforcement authority with the information requested. |
Or. en
Amendment 11
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 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. |
Or. en
Amendment 12
Proposal for a regulation
Article 6 – paragraph 2
| Text proposed by the Commission | Amendment |
|---|---|
| 2. When a requested enforcement authority exercises the powers set out in Article 6(1), first subparagraph, points (a), (b) and (c), 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. | 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. |
Or. en
Amendment 13
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 inform without delay the applicant enforcement authority about the steps and measures taken and the steps and measures that it intends to take. |
Or. en
Amendment 14
Proposal for a regulation
Article 6 – paragraph 3 a (new)
| Text proposed by the Commission | Amendment |
|---|---|
| 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. |
Or. en
Amendment 15
Proposal for a regulation
Article 7 – paragraph 1
| Text proposed by the Commission | Amendment |
|---|---|
| 1. At the request of an applicant enforcement authority, the requested authority shall enforce, in accordance with its national law, final decisions imposing fines or other equally effective penalties and interim measures adopted in accordance with Article 6(1), first subparagraph, point (e), of Directive (EU) 2019/633. | 1. At the request of an applicant enforcement authority, the requested 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 by the Member State of the applicant enforcement authority. |
Or. en
Amendment 16
Proposal for a regulation
Article 7 – paragraph 2
| Text proposed by the Commission | Amendment |
|---|---|
| 2. Paragraph 1 shall apply only to the extent that, after having made reasonable efforts in its own territory, the applicant enforcement authority has ascertained that the buyer against which the fine and the other penalties and interim measures are enforceable does not have sufficient assets in the territory of its Member State. | 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. |
Or. en
Amendment 17
Proposal for a regulation
Article 7 – paragraph 4 a (new)
| Text proposed by the Commission | Amendment |
|---|---|
| 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), third sentence, and Article 9 of Directive (EU) 2019/633. |
Or. en
Amendment 18
Proposal for a regulation
Article 7 a (new)
| Text proposed by the Commission | Amendment |
|---|---|
| Article 7a | |
| Waiver of reimbursement of expenses | |
| 1. Member States shall waive all claims for the reimbursement of expenses incurred in applying this Regulation. | |
| 2. Notwithstanding paragraph 1, as regards requests for enforcement measures under Article 6, the Member State of the applicant enforcement authority shall remain liable to the Member State of the requested enforcement authority for any costs and any losses incurred as a result of 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 in question is concerned. | |
| 3. The requested enforcement authority may recover the expenses incurred in relation to measures taken pursuant to Article 7 from the fine payments collected on behalf of the applicant enforcement authority. |
Or. en
Amendment 19
Proposal for a regulation
Article 8 – title
| Text proposed by the Commission | Amendment |
|---|---|
| Notification mechanism | Notification and alert system |
Or. en
Amendment 20
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. | A system for the notification of 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 contact point, which shall be a member of the network. The Commission shall be responsible for managing the network. |
Or. en
Amendment 21
Proposal for a regulation
Article 8 – paragraph 1 a (new)
| Text proposed by the Commission | Amendment |
|---|---|
| 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 description of the widespread unfair trading practice with a cross-border dimension; | |
| (b) details of the subject matter of the unfair trading practice with a cross-border dimension; | |
| (c) the Member States concerned or possibly concerned by the unfair trading practice with a cross-border dimension; | |
| (d) the identity of the buyer or buyers suspected of committing the unfair trading practice with a cross-border dimension; | |
| (e) the unfair trading practice concerned under Directive (EU) 2019/633 and by reference to national law; | |
| (f) 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; | |
| (g) the identities of the enforcement authorities bringing the proceedings and taking other measures. |
Or. en
Amendment 22
Proposal for a regulation
Article 8 – paragraph 1 b (new)
| Text proposed by the Commission | Amendment |
|---|---|
| Where a member of the network has any information that an unfair trading practice with a cross-border dimension may be taking place, this information shall without delay be notified to the Commission through the alert system. The Commission shall transmit this information immediately to the members of the network. The Commission may supplement the notification with any information, which will facilitate rapid, appropriate action by enforcement authorities. |
Or. en
Amendment 23
Proposal for a regulation
Article 8 – paragraph 1 c (new)
| Text proposed by the Commission | Amendment |
|---|---|
| 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 may 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 such 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 measures taken following receipt of the notifications transmitted under the alert system. The Commission shall transmit without delay this information to the members of the network. |
Or. en
Amendment 24
Proposal for a regulation
Article 8 – paragraph 1 d (new)
| Text proposed by the Commission | Amendment |
|---|---|
| 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. |
Or. en
Amendment 25
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 standard forms laid down by the Commission in accordance with Article 12. |
Or. en
Amendment 26
Proposal for a regulation
Article 10 – paragraph 1 – point a
| Text proposed by the Commission | Amendment |
|---|---|
| (a) following a consultation with the applicant enforcement authority, 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; | (a) following a consultation with the applicant enforcement authority, both enforcement authorities agree that the information requested is not needed to establish whether an unfair trading practice with a cross-border dimension has occurred or is occurring; |
Or. en
Amendment 27
Proposal for a regulation
Article 10 – paragraph 2 – introductory part
| Text proposed by the Commission | Amendment |
|---|---|
| 2. A requested enforcement authority may refuse to comply with a request for enforcement measures under Articles 6 and 7 only if, having consulted with the applicant enforcement authority, one or both of the following applies: | 2. A requested enforcement authority may refuse to comply with a request for enforcement measures under Articles 6 and 7 only if, having consulted with the applicant enforcement authority, at least one of the following applies: |
Or. en
Amendment 28
Proposal for a regulation
Article 10 – paragraph 2 – point a
| Text proposed by the Commission | Amendment |
|---|---|
| (a) criminal investigations or judicial proceedings have already been initiated, a judgment has been given, or a court settlement has been reached in respect of the same unfair trade practice before the judicial authorities in the Member State of the requested enforcement authority; | (a) 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, 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; |
Or. en
Amendment 29
Proposal for a regulation
Article 10 – paragraph 2 – point b
| Text proposed by the Commission | Amendment |
|---|---|
| (b) the exercise of the necessary enforcement powers has already been initiated, or an administrative decision has already been adopted in respect of the same intra-Union infringement and against the same trader in the Member State of the requested authority in order to bring about the swift and effective cessation of the same unfair trade practice; | (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 authority in order to bring about the swift and effective cessation of the same unfair trading practice; |
Or. en
Amendment 30
Proposal for a regulation
Article 10 – paragraph 2 – point c
| Text proposed by the Commission | Amendment |
|---|---|
| (c) a criminal investigation or judicial proceedings have already been initiated as regards the same buyer in respect of the same unfair trade practice before the judicial authorities of the applicant; | (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 of the applicant enforcement authority; |
Or. en
Amendment 31
Proposal for a regulation
Article 10 – paragraph 3
| Text proposed by the Commission | Amendment |
|---|---|
| 3. The requested enforcement authority shall inform the applicant enforcement authority of any refusal to comply with a request for mutual assistance, together with the reasons for that refusal. | 3. The requested enforcement authority shall inform without delay the applicant enforcement authority of any refusal to comply with a request for mutual assistance, together with the reasons for that refusal. |
Or. en
Amendment 32
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, 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. |
Or. en
Amendment 33
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). | By ... [6 months from the entry into force], the Commission shall adopt implementing acts laying down: |
Or. en
Amendment 34
Proposal for a regulation
Article 12 – paragraph 1 – point a (new)
| Text proposed by the Commission | Amendment |
|---|---|
| (a) standard forms for the requests of mutual assistance under Article 9(2); |
Or. en
Amendment 35
Proposal for a regulation
Article 12 – paragraph 1 – point b (new)
| Text proposed by the Commission | Amendment |
|---|---|
| (b) arrangements for the management of the notifications and communications among the enforcement authorities; |
Or. en
Amendment 36
Proposal for a regulation
Article 12 – paragraph 1 – point c (new)
| Text proposed by the Commission | Amendment |
|---|---|
| (c) the measures for implementing Article 19, in particular the specific conditions and procedures applicable to the transmission of notifications and supplementary information. |
Or. en
Amendment 37
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 an enforcement authority to be the coordinator. If those enforcement authorities are unable to reach an agreement on that designation, the Commission shall be the coordinator. |
Or. en
Amendment 38
Proposal for a regulation
Article 14 – paragraph 1 – point a
| Text proposed by the Commission | Amendment |
|---|---|
| (a) a criminal investigation or judicial proceedings have already been initiated, a judgment has been given, or a court settlement has been reached in respect of the same buyer and concerning the same unfair trading practice in that enforcement authority’s Member State; | (a) a criminal investigation, judicial or administrative proceedings have already been initiated, a judgment has been given, or a court settlement has been reached in respect of the same buyer or buyers and concerning the same unfair trading practice towards the same supplier or suppliers in that enforcement authority’s Member State; |
Or. en
Amendment 39
Proposal for a regulation
Article 14 – paragraph 1 – point b
| Text proposed by the Commission | Amendment |
|---|---|
| (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 in respect of the same unfair trading practice in that enforcement authority’s Member State to bring about the cessation of the widespread unfair trading practice with a cross-border dimension; | (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 in that enforcement authority’s Member State to bring about the cessation of the widespread unfair trading practice with a cross-border dimension; |
Or. en
Amendment 40
Proposal for a regulation
Article 15 – title
| Text proposed by the Commission | Amendment |
|---|---|
| Investigation measures in coordinated actions | Investigative measures in coordinated actions |
Or. en
Amendment 41
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 a timely 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 42
Proposal for a regulation
Article 19 – paragraph 1
| Text proposed by the Commission | Amendment |
|---|---|
| 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 may be taking place. | 1. An enforcement authority shall without delay alert the Commission and the other enforcement authorities under the alert system laid down in Article 8 that a widespread unfair trading practice with a cross-border dimension may be taking place. |
Or. en
Amendment 43
Proposal for a regulation
Article 19 – paragraph 2
| Text proposed by the Commission | Amendment |
|---|---|
| 2. The enforcement authority shall, when issuing an alert referred to in paragraph 1, provide information about the suspected widespread unfair trading practice with a cross-border dimension covered by this Regulation, including, the following: | deleted |
| (a) a description of the widespread unfair trading practice with a cross-border dimension; | |
| (b) details of the subject matter of the widespread unfair trading practice with a cross-border dimension; | |
| (c) the Member States concerned or possibly concerned by the widespread unfair trading practice with a cross-border dimension; | |
| (d) the identity of the buyer or buyers suspected of committing the widespread unfair trading practice with a cross-border dimension; | |
| (e) the unfair trading practice concerned under Directive (EU) 2019/633 and by reference to national law; | |
| (f) a description of any legal proceedings, enforcement measures or other measures taken concerning the widespread unfair trading practice with a cross-border dimension and their dates and duration, as well as the status thereof; | |
| (g) the identities of the enforcement authorities bringing the proceedings and taking other measures. |
Or. en
Amendment 44
Proposal for a regulation
Article 19 – paragraph 3
| Text proposed by the Commission | Amendment |
|---|---|
| 3. 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 easily accessible to the relevant enforcement authorities, the same widespread unfair trading practices may 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 such unfair trading practices in those Member States. The enforcement authorities in those other Member States shall reply to the request without delay. | deleted |
Or. en
Amendment 45
Proposal for a regulation
Article 20 – paragraph 2
| Text proposed by the Commission | Amendment |
|---|---|
| 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. | 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. |
Or. en
Amendment 46
Proposal for a regulation
Chapter IV a (new)
| Text proposed by the Commission | Amendment |
|---|---|
| CHAPTER IVa | |
| COOPERATION IN RELATION TO SUPPLIERS OR BUYERS ESTABLISHED OUTSIDE THE UNION |
Or. en
Amendment 47
Proposal for a regulation
Article 20 a (new)
| Text proposed by the Commission | Amendment |
|---|---|
| Article 20a | |
| Cooperation in relation to suppliers or buyers established outside the Union | |
| In relation to unfair trading practices laid down in Article 3(1) and (2) of Directive (EU) 2019/633 with a cross-border dimension which occur between buyers and suppliers referred to in Article 1(2) of Directive (EU) 2019/633 where either the supplier or the buyer are established outside the Union, an enforcement authority may request information from an enforcement authority of another Member State in order to establish whether an unfair trading practice has occurred or is occurring in the Member State of the applicant enforcement authority. Articles 5(1), (2) and (3), 7a, 8, 9, 10(1) and 11 shall apply to such requests mutatis mutandis. | |
| Alternatively, when it suspects that an unfair trading practice by a buyer, irrespective of its place of establishment, takes place and that that unfair trading practice may occurr in at least three Member States, the enforcement authority may alert the Commission and other enforcement authorities concerned of those suspicions. Articles 19 and 20 shall apply to those alerts mutatis mutandis. |
Or. en
Amendment 48
Proposal for a regulation
Article -21 (new)
| Text proposed by the Commission | Amendment |
|---|---|
| Article -21 | |
| 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. |
Or. en
Amendment 49
Proposal for a regulation
Article 21 a (new)
| Text proposed by the Commission | Amendment |
|---|---|
| Article 21a | |
| Evaluation | |
| By ... [+ 3 years from the adoption], 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. Such report shall be accompanied, if appropriate, by legislative proposals. | |
| 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. |
Or. en
Amendment 50
Proposal for a regulation
Article 22 – paragraph 2
| Text proposed by the Commission | Amendment |
|---|---|
| It shall apply from [+ 1 year from the adoption]. | It shall apply from [+ 6 months from the adoption]. |
Or. en
Annex: entities or persons from whom the rapporteur has received input 4 paragraphs
Pursuant to Article 8 of Annex I to the Rules of Procedure, the rapporteur declares that he received input from the following entities or persons in the preparation of the draft report:
| Entity and/or person |
| Oxfam |
| Fair Trade Advocacy |
| Accademia dei Georgofili |
| LegaCoop |
| Centromarca |
The list above is drawn up under the exclusive responsibility of the rapporteur.
Where natural persons are identified in the list by their name, by their function or by both, the rapporteur 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.