Directive on unfair trading practices in business-to-business relationships in the agricultural and food supply chain
This regulation aims to improve cooperation between national authorities responsible for enforcing rules against unfair trading practices in the agricultural and food supply chain. It seeks to ensure these rules are applied consistently across the EU, especially when businesses operate in multiple Member States. The regulation affects businesses involved in the agricultural and food supply chain, particularly those engaging in cross-border transactions. It also impacts the national enforcement authorities tasked with investigating and penalizing unfair trading practices. Key changes include establishing clearer procedures for mutual assistance between national enforcement bodies, enabling them to share information and support investigations in other Member States. It also introduces mechanisms for coordinated actions when widespread unfair practices are detected across borders. The regulation specifies timelines for responding to requests for information and assistance, aiming for efficiency. It also outlines conditions under which requests can be refused and introduces a system for notifying other authorities about potential unfair trading practices with a cross-border dimension.
Analysis
This Regulation establishes uniform rules to strengthen cooperation between enforcement authorities in cross-border cases concerning unfair trading practices in the agri-food supply chain.
What changes
- Establishes a framework for mutual assistance between enforcement authorities for gathering information and conducting investigations related to unfair trading practices.
- Introduces provisions for voluntary cooperation concerning stricter national rules or short notice periods, allowing enforcement authorities to use mutual assistance tools.
- Defines procedures for cooperation and investigation in cases of widespread unfair trading practices with a cross-border dimension, including the designation of a coordinator.
Expected impact
- Strengthened cooperation among enforcement authorities is expected to lead to more effective enforcement against unfair trading practices with a cross-border dimension.
- The Regulation aims to ensure a common approach and consistent application of rules across Member States regarding unfair trading practices.
- Provisions for cooperation with non-EU buyers and suppliers are included to address unfair trading practices that extend beyond the Union's borders.
Limitations
- The document is a legislative resolution and does not contain the full text of the adopted regulation, limiting the analysis to the provisions outlined in the resolution.
- Specific details on the implementation of the Internal Market Information System (IMI) for managing notifications and communications are not fully elaborated.
- The exact date of application of the Regulation is not specified, only that it should be deferred by 18 months after its entry into force.
Shadow Rapporteurs
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