FDBusiness.com

The European Parliament, the Council and the Commission have reached a political agreement on a new set of rules that will ensure protection of 100% of EU farmers and of a very large majority of EU agri-food companies against practices contrary to good faith and fair dealing. The new European law will cover agricultural and food products traded in the food supply chain, banning for the first time up to 16 unfair trading practices imposed unilaterally by one trading partner on another. Other practices will only be permitted if subject to a clear and unambiguous upfront agreement between the parties involved.

The European Commission had tabled its legislative proposal in April 2018 to ensure more fairness in the food chain and provide a minimum protection across the EU. This is the first time that EU level legislation will be implemented in this area. The new framework grants Member States the authority to enforce the new rules and impose sanctions in case of established infringements.

The agreement reached  will apply to anyone involved in the food supply chain with a turnover of €350 million with differentiated levels of protection provided below that threshold. The new rules will cover retailers, food processors, wholesalers, cooperatives or producers’ organisations, or a single producer who would be engaging in any of the unfair trade practices identified.

The unfair trading practices to be banned include: late payments for perishable food products; last minute order cancellations; unilateral or retroactive changes to contracts; forcing the supplier to pay for wasted products and refusing written contracts.

Other practices will only be permitted if subject to a clear and unambiguous upfront agreement between the parties: a buyer returning unsold food products to a supplier; a buyer charging a supplier payment to secure or maintain a supply agreement on food products; a supplier paying for a buyer’s promotion, advertising or marketing campaign.

The implementation of these will not lead to higher prices for consumers. In the course of the public consultation conducted by the Commission before presenting the proposal, consumer organisations encouraged the regulation of these practices because of their negative effect on consumers in the longer term.

An important element of the directive is that Member States can introduce a higher scope above €350 million in their national legislation or take further measures, should they so wish.  The agreement also includes a review clause set at 4 years, which means that the provisions of the legislative text will have to be evaluated and possibly reviewed during the course of the next parliamentary mandate.

Member States will designate authorities in charge of enforcing the new rules, including the ability to impose fines and initiate investigations based on complaints. Confidentiality can be requested by parties filing a complaint, to address concerns about possible retaliation. The Commission will set up a coordination mechanism between enforcement authorities to enable the exchange of best practice.