Cooperation among enforcement authorities regarding unfair trading practices in the agri-food supply chain

Amendments tabled for the plenary sitting on this text, in their own numbering series. This is a different set from the committee amendments tracked elsewhere on AmendEU, and is not counted in any of the site’s amendment totals.

1. Amendment 1Proposal for a regulation · Recital 1 a (new)
   Amendment

   (1a) The first evaluation of Directive (EU) 2019/633 together with a report on the main findings should be presented by the Commission by 1 November 2025. The report from the Commission on Implementing the prohibition of unfair trading practices to strengthen the position of farmers and operators in the agricultural and food supply chain - State of play of 23 April 2024 highlighted the persistence of imbalances within the agri-food chain, which increases the need for a legislative proposal amending that Directive in order to further step up protection for suppliers and ensure sufficient bargaining power to all operators by broadening its scope.

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2. Amendment 2Proposal for a regulation · Recital 2
   Current text

   (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 provide each other with mutual assistance, including by sharing information and assisting in investigations that have a cross-border dimension.

   Amendment

   (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 i…

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3. Amendment 3Proposal for a regulation · Recital 3
   Current text

   (3) Due to the principle of territoriality, enforcement authorities may face difficulties gathering information, finding an infringement and imposing and enforcing fines and other equally effective penalties where a buyer is established in another Member State. Such difficulties affect the system of enforcement established by Directive (EU) 2019/633, which depends on cooperation between enforcement authorities, and may lead to an uneven enforcement of unfair trading practices, undermining the protection for suppliers of agricultural and food products intended by that Directive. It is therefore appropriate to establish rules strengthening cooperation between enforcement authorities in cross-b…

   Amendment

   (3) Due to the principle of territoriality, enforcement authorities may face difficulties gathering information, finding an infringement and imposing and enforcing fines and other equally effective penalties where a buyer 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 depend…

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4. Amendment 4Proposal for a regulation · Recital 4
   Current text

   (4) Given that Directive (EU) 2019/633 allows Member States to maintain or introduce stricter national rules against unfair trading practices, it should be clarified that this Regulation does not cover those rules. However, the Regulation should allow the Member States to decide that their enforcement authorities can make use of the possibility to exchange information established under the mutual assistance mechanism set out by this Regulation in relation to such rules. In those cases, the enforcement authorities should still have the right to refuse to comply with such a request.

   Amendment

   (4) Given that Directive (EU) 2019/633 allows Member States to maintain or introduce stricter national rules against unfair trading practices, it should be clarified that this Regulation does not cover those rules. However, the Regulation should allow the Member States to decide that their enforcement authorities can make use of the possibility to exchange information established under the mutual assistance mechanism set out by this Regulation in relation to such rules. In those cases, 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, ex…

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5. Amendment 5Proposal for a regulation · Recital 5
   Current text

   (5) To ensure the effective application of their obligations under this Regulation, enforcement authorities should be provided with the necessary resources and expertise.

   Amendment

   (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.

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6. Amendment 6Proposal for a regulation · Recital 6
   Current text

   (6) Enforcement authorities should have the power to provide one another with and use in evidence in accordance with their national law any matter of fact or of law, including confidential information. Information exchanged shall only be used in evidence for the purpose of applying the rules established by Directive (EU) 2019/633 and in respect of the subject-matter for which it was collected by the transmitting authority.

   Amendment

   (6) Enforcement authorities should have the power to provide one another with and use in evidence in accordance with their national law any matter of fact or of law, including confidential information, 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 transmitti…

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7. Amendment 7Proposal for a regulation · Recital 7
   Current text

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

   Amendment

   (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.

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8. Amendment 8Proposal for a regulation · Recital 7 a (new)
   Amendment

   (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.

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9. Amendment 9Proposal for a regulation · Recital 8
   Current text

   (8) Enforcement authorities should inform one another of an unfair trading practice with a cross-border dimension that has occurred or is occurring in their territory.

   Amendment

   (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.

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10. Amendment 10Proposal for a regulation · Recital 9
    Current text

    (9) Enforcement authorities should be empowered in their own territory and in accordance with their national law to enforce, or initiate proceedings for the enforcement of, final decisions imposing fines or other equally effective penalties on behalf of and for the account of other enforcement authorities, provided that those other enforcement authorities have made reasonable efforts to ascertain that the buyers against which the fines or other equally effective penalties are to be enforced do not have sufficient assets in the Member States of those other enforcement authorities.

    Amendment

    (9) Enforcement authorities should be empowered in their own territory and in accordance with their national law to enforce, or initiate proceedings for the enforcement of, final decisions imposing fines or other equally effective penalties on behalf of and for the account of other enforcement authorities, provided that those other enforcement authorities have ascertained that the fines or other equally effective penalties cannot be enforced in the Member States of those other enforcement authorities.

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11. Amendment 11Proposal for a regulation · Recital 10 a (new)
    Amendment

    (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.

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12. Amendment 12Proposal for a regulation · Recital 13
    Current text

    (13) With a view to ensuring uniform conditions for the implementation of the measures laid down in this Regulation, implementing powers should be conferred on the Commission to be able to develop standard forms for requests for information or requests for enforcement measures. Those powers should be exercised in accordance with Regulation (EU) No 182/2011 of the European Parliament and of the Council4 . In the absence of standard forms developed by the Commission, the enforcement authorities should be entitled to develop such forms to facilitate the mutual assistance mechanism. __________________ 4 Regulation (EU) No 182/2011 of the European Parliament and of the Council of 16 February 2011…

    Amendment

    (13) With a view to ensuring uniform conditions for the implementation of the measures laid down in this Regulation, implementing powers should be conferred on the Commission to be able to develop standard forms for requests for information, 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. __________________ 4 Regulation (EU) No 182/2011 of the European Parl…

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13. Amendment 13Proposal for a regulation · Recital 13 a (new)
    Amendment

    (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.

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14. Amendment 14Proposal for a regulation · Recital 14
    Current text

    (14) Where a widespread unfair trading practice with a cross-border dimension, involving at least three Member States may be taking place, the enforcement authorities concerned by that practice should be able to issue alerts, engage in coordinated actions, and designate a coordinator to coordinate the cooperation among the relevant authorities in whose territories the practice may be taking place. To establish which enforcement authorities are concerned by a widespread unfair trading practice with a cross-border dimension, all relevant aspects should be considered, in particular the place where the buyer is established and the location of the suppliers that may be affected by the unfair trad…

    Amendment

    (14) Where a widespread unfair trading practice with a cross-border dimension, involving at least three Member States may be taking place, the enforcement authorities concerned by that practice should be able to issue alerts 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…

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15. Amendment 15Proposal for a regulation · Article 1 – paragraph 1
    Current text

    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.

    Amendment

    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…

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16. Amendment 16Proposal for a regulation · Article 2 – paragraph 1 – subparagraph 1
    Current text

    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.

    Amendment

    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.

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17. Amendment 17Proposal for a regulation · Article 2 – paragraph 1 – subparagraph 2
    Current text

    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.

    Amendment

    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.

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18. Amendment 18Proposal for a regulation · Article 3 – paragraph 1 – point d
    Current text

    (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 different Member States;

    Amendment

    (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;

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19. Amendment 19Proposal for a regulation · Article 3 – paragraph 1 – point e
    Current text

    (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;

    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 parties located in at least three Member States or parties located in at least two Member States and outside the Union;

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20. Amendment 20Proposal for a regulation · Article 3 – paragraph 1 – point f a (new)
    Amendment

    (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.

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21. Amendment 21Proposal for a regulation · Article 3 a (new)
    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.

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22. Amendment 22Proposal for a regulation · Article 4 – paragraph 1
    Current text

    Member States shall ensure that enforcement authorities have the necessary resources and expertise for the application of this Regulation.

    Amendment

    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.

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23. Amendment 23Proposal for a regulation · Article 4 a (new)
    Amendment

    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 pr…

    Excerpt — full text in the official PDF.
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24. Amendment 24Proposal for a regulation · Article 4 b (new)
    Amendment

    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…

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25. Amendment 25Proposal for a regulation · Article 5 – paragraph 1
    Current text

    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.

    Amendment

    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.

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26. Amendment 26Proposal for a regulation · Article 5 – paragraph 3
    Current text

    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.

    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 respective national laws and with Regulation (EU) 2016/679.

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27. Amendment 27Proposal for a regulation · Article 5 – paragraph 4 – subparagraph 1
    Current text

    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 9 of Directive (EU) 2019/633.

    Amendment

    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.

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28. Amendment 28Proposal for a regulation · Article 5 – paragraph 4 – subparagraph 1 a (new)
    Amendment

    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.

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29. Amendment 29Proposal for a regulation · Article 5 – paragraph 4 – subparagraph 2
    Current text

    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.

    Amendment

    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.

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30. Amendment 30Proposal for a regulation · Article 5 – paragraph 4 a (new)
    Amendment

    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.

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31. Amendment 31Proposal for a regulation · Article 5 – paragraph 4 b (new)
    Amendment

    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.

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32. Amendment 32Proposal for a regulation · Article 6 – paragraph 1
    Current text

    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.

    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), (c) and (d), of Directive (EU) 2019/633.

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33. Amendment 33Proposal for a regulation · Article 6 – paragraph 2
    Current text

    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.

    Amendment

    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.

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34. Amendment 34Proposal for a regulation · Article 6 – paragraph 3
    Current text

    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.

    Amendment

    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.

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35. Amendment 35Proposal for a regulation · Article 6 – paragraph 3 a (new)
    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), 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.

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36. Amendment 36Proposal for a regulation · Article 7 – paragraph 1
    Current text

    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.

    Amendment

    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.

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37. Amendment 37Proposal for a regulation · Article 7 – paragraph 1 a (new)
    Amendment

    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.

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38. Amendment 38Proposal for a regulation · Article 7 – paragraph 2
    Current text

    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.

    Amendment

    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.

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39. Amendment 39Proposal for a regulation · Article 7 – paragraph 2 a (new)
    Amendment

    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.

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40. Amendment 40Proposal for a regulation · Article 7 – paragraph 4
    Current text

    4. Questions regarding limitation periods for the enforcement of fines, other equally effective penalties and interim measures shall be governed by the national law of the Member State of the requested authority.

    Amendment

    4. Questions regarding limitation periods for the enforcement of fines, other equally effective penalties and interim measures shall be governed by the national law of the Member State of the requested enforcement authority.

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41. Amendment 41Proposal for a regulation · Article 7 – paragraph 4 a (new)
    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), 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.

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42. Amendment 42Proposal for a regulation · Article 7 a (new)
    Amendment

    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…

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43. Amendment 43Proposal for a regulation · Article 8 – title
    Current text

    Notification mechanism

    Amendment

    Notification and alert system

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44. Amendment 44Proposal for a regulation · Article 8 – paragraph 1
    Current text

    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.

    Amendment

    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.

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45. Amendment 45Proposal for a regulation · Article 8 – paragraph 1 a (new)
    Amendment

    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.

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46. Amendment 46Proposal for a regulation · Article 8 – paragraph 1 b (new)
    Amendment

    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…

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47. Amendment 47Proposal for a regulation · Article 8 – paragraph 1 c (new)
    Amendment

    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.

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48. Amendment 48Proposal for a regulation · Article 8 – paragraph 1 d (new)
    Amendment

    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 tr…

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49. Amendment 49Proposal for a regulation · Article 8 – paragraph 1 e (new)
    Amendment

    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.

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50. Amendment 50Proposal for a regulation · Article 9 – paragraph 1
    Current text

    1. The applicant enforcement authority shall, when making a request for mutual assistance, provide any relevant information necessary to enable the requested enforcement authority to fulfil that request, including any information that can be obtained only in the Member State of the applicant enforcement authority.

    Amendment

    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.

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51. Amendment 51Proposal for a regulation · Article 9 – paragraph 2
    Current text

    2. Requests for mutual assistance and all communications linked to them shall be made in writing using standard forms.

    Amendment

    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.

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52. Amendment 52Proposal for a regulation · Article 10 – paragraph 1 – introductory part
    Current text

    1. A requested enforcement authority may refuse to comply with a request for information under Article 5 only if one or both of the following applies:

    Amendment

    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:

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53. Amendment 53Proposal for a regulation · Article 10 – paragraph 1 – point a
    Current text

    (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;

    Amendment

    (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;

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54. Amendment 54Proposal for a regulation · Article 10 – paragraph 1 – point b
    Current text

    (b) criminal investigations or judicial proceedings have already been initiated against the same buyer in respect of the same unfair trading practice before the authorities in the Member State of the requested enforcement authority or of the applicant enforcement authority.

    Amendment

    (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.

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55. Amendment 55Proposal for a regulation · Article 10 – paragraph 2 – introductory part
    Current text

    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:

    Amendment

    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:

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56. Amendment 56Proposal for a regulation · Article 10 – paragraph 2 – point a
    Current text

    (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;

    Amendment

    (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;

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57. Amendment 57Proposal for a regulation · Article 10 – paragraph 2 – point b
    Current text

    (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;

    Amendment

    (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;

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58. Amendment 58Proposal for a regulation · Article 10 – paragraph 2 – point c
    Current text

    (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;

    Amendment

    (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;

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59. Amendment 59Proposal for a regulation · Article 10 – paragraph 2 – point d
    Current text

    (d) the applicant enforcement authority has not provided the information that is necessary in accordance with Article 5.

    Amendment

    (d) the applicant enforcement authority has not provided the information that is necessary to act on a complaint in accordance with Article 5.

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60. Amendment 60Proposal for a regulation · Article 10 – paragraph 3
    Current text

    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.

    Amendment

    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.

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61. Amendment 61Proposal for a regulation · Article 11 – paragraph 2
    Current text

    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.

    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, 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.

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62. Amendment 62Proposal for a regulation · Article 12 – paragraph 1
    Current text

    The Commission may adopt implementing acts laying down standard forms for the requests of mutual assistance under Article 9(2).

    Amendment

    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.

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63. Amendment 63Proposal for a regulation · Article 12 – paragraph 2
    Current text

    The implementing acts referred to in the first paragraph shall be adopted in accordance with the examination procedure referred to in Article 21.

    Amendment

    The implementing acts referred to in this Article shall be adopted in accordance with the examination procedure referred to in Article 21.

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64. Amendment 64Proposal for a regulation · Article 13 – paragraph 2
    Current text

    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.

    Amendment

    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.

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65. Amendment 65Proposal for a regulation · Article 13 – paragraph 3
    Current text

    3. The enforcement authorities concerned by the widespread unfair trading practice with a cross-border dimension shall conduct investigations on the basis of information that is available to them. They shall notify the results of such investigations to the other enforcement authorities, pursuant to Article 19.

    Amendment

    3. The enforcement authorities concerned by the widespread unfair trading practice with a cross-border dimension shall conduct investigations on the basis of information that is available to them. The coordinator shall notify the results of such investigations to the other enforcement authorities, pursuant to Article 19.

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66. Amendment 66Proposal for a regulation · Article 13 – paragraph 5 – point a
    Current text

    a) the Member States where the buyers are established;

    Amendment

    a) the Member States or the third country where the buyers are established;

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67. Amendment 67Proposal for a regulation · Article 14 – paragraph 1 – point a
    Current text

    (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;

    Amendment

    (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;

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68. Amendment 68Proposal for a regulation · Article 14 – paragraph 1 – point b
    Current text

    (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;

    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 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;

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69. Amendment 69Proposal for a regulation · Article 14 a (new)
    Amendment

    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.

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70. Amendment 70Proposal for a regulation · Article 15 – title
    Current text

    Investigation measures in coordinated actions

    Amendment

    Investigative measures in coordinated actions

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71. Amendment 71Proposal for a regulation · Article 15 – paragraph 1
    Current text

    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.

    Amendment

    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.

    official amendment document ↗
72. Amendment 72Proposal for a regulation · Article 15 – paragraph 2
    Current text

    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 common position, summarising the national decisions adopted.

    Amendment

    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.

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73. Amendment 73Proposal for a regulation · Article 15 – paragraph 3
    Current text

    3. Without prejudice to the rules on confidentiality and on professional and trade secrecy laid down in Directive (EU) 2016/943 of the European Parliament and of the Council6 , the enforcement authorities concerned by the coordinated action shall publish the common position or parts thereof on their websites and inform the Commission of the publication. __________________ 6 Directive (EU) 2016/943 of the European Parliament and of the Council of 8 June 2016 on the protection of undisclosed know-how and business information (trade secrets) against their unlawful acquisition, use and disclosure (OJ L 157, 15.6.2016, p. 1, ELI: http://data.europa.eu/eli/dir/2016/943/oj).

    Amendment

    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. __________________ 6 Directive (EU) 2016/943 of the European Parliament and of the Council of 8 June 2016 on the protection of undisclosed know-how and business information (trade secrets) against their unlawful acquisition, use and disclosure (OJ L 157, 15.6.2016, p. 1, ELI: http://data.europa.eu/eli/dir/2016/943/oj).

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74. Amendment 74Proposal for a regulation · Article 16 – paragraph 1
    Current text

    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 responsible for the widespread unfair trading practice with a cross-border dimension to bring about the cessation of that unfair trading practice.

    Amendment

    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.

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75. Amendment 75Proposal for a regulation · Article 17 – paragraph 2
    Current text

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

    Amendment

    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.

    official amendment document ↗
76. Amendment 76Proposal for a regulation · Article 18 – paragraph 1 – point a
    Current text

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

    Amendment

    (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;

    official amendment document ↗
77. Amendment 77Proposal for a regulation · Article 18 – paragraph 1 – point d
    Current text

    (d) maintain contact with the buyer and other parties concerned by the investigation or enforcement measures, as applicable, unless otherwise agreed by the enforcement authorities concerned and the coordinator;

    Amendment

    (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;

    official amendment document ↗
78. Amendment 78Proposal for a regulation · Article 19 – paragraph 1
    Current text

    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.

    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 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.

    official amendment document ↗
79. Amendment 79Proposal for a regulation · Article 19 – paragraph 2
    Current text

    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: (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 dimensi…

    Amendment

    deleted

    Excerpt — full text in the official PDF.
    official amendment document ↗
80. Amendment 80Proposal for a regulation · Article 19 – paragraph 3
    Current text

    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.

    Amendment

    deleted

    official amendment document ↗
81. Amendment 81Proposal for a regulation · Article 20 – paragraph 2
    Current text

    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.

    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, accompanied by a courtesy translation in English.

    official amendment document ↗
82. Amendment 82Proposal for a regulation · Article 20 a (new)
    Amendment

    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, Art…

    Excerpt — full text in the official PDF.
    official amendment document ↗
83. Amendment 83Proposal for a regulation · Article 20 b (new)
    Amendment

    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…

    Excerpt — full text in the official PDF.
    official amendment document ↗
84. Amendment 84Proposal for a regulation · Article 21 a (new)
    Amendment

    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 effec…

    Excerpt — full text in the official PDF.
    official amendment document ↗
85. Amendment 85AGRIProposal for a regulation

    Replaces or inserts a longer passage — full text in the official document.

    official amendment document ↗