Proposal for a DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL on unfair trading practices in business-to-business relationships in the food supply chain

1. This document sets out proposals to prohibit Unfair Trading Practices (UTPs) between certain actors in food supply chains.

2. The proposed directive prescribes a definitive list of prohibited UTPs, defines the actors in the food supply chain to which the prohibitions are applicable, mandates the appointment of a national enforcement authority, and details the scope of enforcement powers.

3. The directive covers small and medium sized enterprises (SMEs) (including producer organisations such as cooperatives) involved in any stage of production, processing, marketing, distribution and retail, and which sell food products to buyers which are not SMEs. The Commission uses the definitions laid down in 2003/361/EC which considers an SME to “employ fewer than 250 persons and have an annual turnover not exceeding €50 million and/or an annual balance sheet total not exceeding €43 million”.