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Unfair trading practices in the food supply chain

06-05-2019

The food supply chain ensures that food and drink products are delivered to the public. It affects all consumers in the EU. The final price paid by the consumer is impacted by the number of participants in the food supply chain. While the single market has brought benefits to operators in the supply chain through more market opportunities and a larger customer base, it has also brought challenges. Structural changes have occurred, leading to different levels of bargaining power and imbalances between ...

The food supply chain ensures that food and drink products are delivered to the public. It affects all consumers in the EU. The final price paid by the consumer is impacted by the number of participants in the food supply chain. While the single market has brought benefits to operators in the supply chain through more market opportunities and a larger customer base, it has also brought challenges. Structural changes have occurred, leading to different levels of bargaining power and imbalances between actors in the chain. The abuse of such differences may lead to unfair trading practices. To strengthen the position of smaller operators (farmers) in the food supply chain, in April 2018 the European Commission proposed a new directive on unfair trading practices. Trilogue discussions began in October 2018 after a successful vote in plenary. The final agreed text was adopted by both Parliament and Council at first reading, and signed on 17 April. Member States must now incorporate its provisions into national law, and apply them by 1 November 2021.

Unfair trading practices in the food supply chain

06-03-2019

To strengthen the position of smaller operators (farmers) in the food supply chain, the European Commission adopted a proposal for a directive on unfair trading practices. The Parliament and Council reached a negotiated agreement on the proposal, which is scheduled to be voted by Parliament at first reading during the March I plenary session.

To strengthen the position of smaller operators (farmers) in the food supply chain, the European Commission adopted a proposal for a directive on unfair trading practices. The Parliament and Council reached a negotiated agreement on the proposal, which is scheduled to be voted by Parliament at first reading during the March I plenary session.

Unfair trading practices in the food supply chain

05-07-2018

The Commission proposal aims to strengthen the resilience of weaker operators in the food supply chain and improve its functioning. The supporting impact assessment appears to be substantially constrained by the limited evidence base. The data on the scale of the problem seems limited and precise quantifications of costs and benefits of the option packages was not feasible. The stakeholder consultation activities, on the other hand, have largely followed the requirements of the Better Regulation ...

The Commission proposal aims to strengthen the resilience of weaker operators in the food supply chain and improve its functioning. The supporting impact assessment appears to be substantially constrained by the limited evidence base. The data on the scale of the problem seems limited and precise quantifications of costs and benefits of the option packages was not feasible. The stakeholder consultation activities, on the other hand, have largely followed the requirements of the Better Regulation Guidelines.

Future Policy Options in Franchising in the EU: Confronting Unfair Trading Practices

14-10-2016

As in other supply chains, unfair trading practices (UTPs) also occur in franchise in the EU. In view of the strong cross-border component in franchising, there are sound reasons to state that a uniform (legislative) approach to correct UTPs is advisable so that franchisees located in different member states receive equal protection.

As in other supply chains, unfair trading practices (UTPs) also occur in franchise in the EU. In view of the strong cross-border component in franchising, there are sound reasons to state that a uniform (legislative) approach to correct UTPs is advisable so that franchisees located in different member states receive equal protection.

Autor extern

Odavia Bueno Diaz

Unfair Trading Practices in the Business-to-Business Food Supply Chain

14-08-2015

Unfair trade practices imposed by the stronger party to a contract can have a profound impact on the functioning of the market, increasing costs and reducing revenues of the parties that experience them. This background paper reviews unfair trade practices that can appear on any side of the B2B (Business-to-Business ) transaction, in any sector of the market. Recently unfair trading practices have been of particular interest to the EU in relation to food supply chains. Briefing concludes that any ...

Unfair trade practices imposed by the stronger party to a contract can have a profound impact on the functioning of the market, increasing costs and reducing revenues of the parties that experience them. This background paper reviews unfair trade practices that can appear on any side of the B2B (Business-to-Business ) transaction, in any sector of the market. Recently unfair trading practices have been of particular interest to the EU in relation to food supply chains. Briefing concludes that any consideration concerning possible future action in the area of unfair trading practices must consider a number of issues such as: whether or not legislative action is needed, and if so, what scope and form should it take. However, the key element of any action is to ensure its subsequent effective enforcement.

Unfair trading practices in the business-to-business food supply chain

07-09-2015

Unfair trade practices (UTPs) are practices imposed by a stronger party in a contractual relationship that grossly deviate from good commercial conduct and are contrary to good faith and fair dealing. UTPs are present at a national level, but they can also exert a negative impact on developing trade among Member States, which in turn may hinder the development of the internal market.

Unfair trade practices (UTPs) are practices imposed by a stronger party in a contractual relationship that grossly deviate from good commercial conduct and are contrary to good faith and fair dealing. UTPs are present at a national level, but they can also exert a negative impact on developing trade among Member States, which in turn may hinder the development of the internal market.

Contribution to Growth: Legal Aspects of Protecting European Consumers

15-04-2019

This study contains an analysis of the legal aspects of protecting European consumers, advanced during the 7th and 8th legislative period of the European Parliament (2009 - 2019). It examines policy developments in the area of consumer protection and (digital) single market, and identifies new substantive rights offered to EU consumers. This document was provided by Policy Department A at the request of the Committee on the Internal Market and Consumer Protection.

This study contains an analysis of the legal aspects of protecting European consumers, advanced during the 7th and 8th legislative period of the European Parliament (2009 - 2019). It examines policy developments in the area of consumer protection and (digital) single market, and identifies new substantive rights offered to EU consumers. This document was provided by Policy Department A at the request of the Committee on the Internal Market and Consumer Protection.

Autor extern

Aneta WIEWIÓROWSKA-DOMAGALSKA

EU policies – Delivering for citizens: Agriculture

28-06-2019

The common agricultural policy (CAP) is one of the oldest common policies in the EU. Its significance is reflected in the proportion of the EU's budget devoted to it, representing approximately 40 % of the total. Developed at a time when Europe was unable to meet most of its own food needs, it was necessary to encourage farmers to produce food by means of guaranteed prices. The policy has undergone regular reform and has evolved over the years. These reforms have sought to improve the competitiveness ...

The common agricultural policy (CAP) is one of the oldest common policies in the EU. Its significance is reflected in the proportion of the EU's budget devoted to it, representing approximately 40 % of the total. Developed at a time when Europe was unable to meet most of its own food needs, it was necessary to encourage farmers to produce food by means of guaranteed prices. The policy has undergone regular reform and has evolved over the years. These reforms have sought to improve the competitiveness of the agricultural sector, promote rural development and address new challenges in areas such as the environment and climate change. Evidence from a series of Eurobarometer surveys indicates that EU citizens have a high level of awareness of this policy area. There is a recognition that the policy is succeeding in meeting citizens' expectations in terms of delivering healthy high-quality food as well as contributing to the protection of the environment. When it comes to agriculture, Parliament's eighth term focused on taking forward not only implementation of the last CAP reform in 2013 but also a series of significant legislative achievements. The areas covered include, for example, unfair trading practices, animal health, plant health and the organic sector, as well as a range of policy-related simplification measures. On the non-legislative front, Parliament pursued its scrutiny role rigorously. Other substantial issues it considered during the last legislature included the future policy direction of the CAP for the post-2020 period, establishing its position on the next multiannual financial framework (MFF), including the overall budgetary allocation for the future CAP and the associated legislative framework. In the case of the latter, this has not been the subject of a plenary vote. This is an update of an earlier briefing issued in advance of the 2019 European elections.

COLLECTIVE REDRESS IN THE MEMBER STATES OF THE EUROPEAN UNION

03-10-2018

This study, commissioned by the European Parliament’s Policy Department for Citizens’ Rights and Constitutional Affairs at the request of the Committee on Legal Affairs, aims to assess the current state of play of collective redress at national and European levels, evaluate the opportunity of a European intervention in the matter and provide the European Parliament with concrete recommendations. Both the assessment and the recommendations have been drafted keeping in mind the essential issue raised ...

This study, commissioned by the European Parliament’s Policy Department for Citizens’ Rights and Constitutional Affairs at the request of the Committee on Legal Affairs, aims to assess the current state of play of collective redress at national and European levels, evaluate the opportunity of a European intervention in the matter and provide the European Parliament with concrete recommendations. Both the assessment and the recommendations have been drafted keeping in mind the essential issue raised by collective redress: access to justice. This principle, which is essential in a Union enforcing the rule of law, is currently challenged by the existing divergences. As such the creation of harmonised collective redress mechanism is becoming an increasingly pressing matter.

Autor extern

Rafael AMARO, Associate Professor at the University Paris-Descartes, France Maria José AZAR-BAUD, Associate Professor at Paris-Sud University, France Sabine CORNELOUP, Professor at the University Paris II Panthéon-Assas, France Bénédicte FAUVARQUE-COSSON, Professor at the University Paris II Panthéon-Assas, France Fabienne JAULT-SESEKE, Professor at the University of Versailles-Saint-Quentin-en-Yvelines, France

Research for AGRI Committee – New competition rules for the agri-food chain in the CAP post 2020

14-09-2018

In connection with the next reform of the CAP post 2020, the Commission has proposed a new Regulation (COM(2018)394 of 1 June 2018) on the common market organisation, amending Regulation (EU) No 1308/2013 of 13 December 2013 (amended by Regulation (EU) No 2017/2393 of 13 December 2017). This draft regulation does not, however, cover questions on the relationship between the CAP and competition; the proposal does not contain any provisions concerning the responsibilities of professional and interbranch ...

In connection with the next reform of the CAP post 2020, the Commission has proposed a new Regulation (COM(2018)394 of 1 June 2018) on the common market organisation, amending Regulation (EU) No 1308/2013 of 13 December 2013 (amended by Regulation (EU) No 2017/2393 of 13 December 2017). This draft regulation does not, however, cover questions on the relationship between the CAP and competition; the proposal does not contain any provisions concerning the responsibilities of professional and interbranch organisations and the possible conditions of their submission to competition rules. The recent Omnibus Regulation (EU) No 2017/2393 has made changes to the legal framework for the application of competition rules to the agreements and practices of farmers and their associations. However, this new legislative framework is not yet entirely consistent and, in the light of the Court of Justice judgment handed down on 14 November 2017 in the Endive case, the progress ought to be consolidated and clarified in order to guarantee the real effectiveness of these provisions and greater legal certainty for operators. This study analyses the development of the relationship between the CAP and the competition rules and highlights the need to take corrective action with respect to current farming legislation to ensure that the CAP has primacy over the competition rules and the implementation of the objectives set out in Article 39 of the Treaty.

Autor extern

C. Del Cont; A. Iannarelli

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