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Unfair Trading Practices in the Agricultural and Food Supply Chain: Implementation of Directive (EU) 2019/663

Edited by: Elisa Paredis, Bert Keirsbilck, Evelyne Terryn, Tom Verdonck

ISBN13: 9789400018037
Published: June 2024
Publisher: Larcier Intersentia Publishers
Country of Publication: Netherlands
Format: Hardback
Price: £110.00



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The issue of unfair trading practices between businesses in the agricultural and food supply chain has been on the European Union’s policy agenda for a long time. On 17 April 2019, Directive (EU) 2019/633 on unfair trading practices in business-to-business relationships in the agricultural and food supply chain (‘UTP Directive’) was adopted. The UTP Directive outlaws certain unfair trading practices (‘UTPs’) imposed by stronger buyers on small, medium, and mid-range sized suppliers of agri-food products. The Directive also requires each Member State to designate a (new or existing) public authority which enforces the prohibitions. Member States were required to transpose the Directive by 1 May 2021 and apply it as of 1 November 2021.

On 13 January 2023, Consumer Competition Market organised its Third UTP Roundtable in Leuven, as a follow-up of its First (2016) and Second UTP Roundtables (2018). Based on a questionnaire drafted by Elisa Paredis and Tom Verdonk (PhD researchers at CCM), eminent national experts from the EU-27 critically assessed the implementation of the UTP Directive in their Member State. Due to the Directive’s minimum harmonisation approach, the national regimes of EU Member States in the field of UTPs still diverge significantly. For example, some Member States chose to broaden the scope of application or to expand the list of prohibited UTPs. The enforcement architecture also differs significantly. During the conference, the similarities and differences of the 27 national regimes were examined. A panel debate was held with stakeholders in the agricultural and food supply chain.

This book contains a preface, the questionnaire sent to the 27 national experts, the 27 country reports based on it, and concluding remarks.

Subjects:
Food Law, EU Law, Agricultural Law
Contents:
1. Austria
Georg Seper
2. Belgium
Bert Keirsbilck, Elisa Paredis
3. Bulgaria
Anton Dinev
4. Croatia
Marijana Mutavdžić
5. Cyprus
Antonis Mazeris
6. Czech Republic
Jana Šlapáková
7. Denmark
Melissa Avilla, Julie Klint Kjersgaard
8. Estonia
Karin Sein
9. Finland
Olli Wikberg
10. France
Aurélien Fortunato
11. Germany
Jochen Glöckner
12. Greece
Eleni Kaprou
13. Hungary
Martin Milán Csirszki
14. Ireland
Fidelma White
15. Italy
Matteo Ferrari, Paola Iamiceli
16. Latvia
Vadim Mantrov
17. Lithuania
Aušrinė Pasvenskienė, Edita Gruodytė
18. Luxembourg
Christophe Verdure
19. Malta
Clement Misfud Bonnici, Calvin Calleja, Gianella Vella
20. The Netherlands
Victoria Daskalova
21. Poland
Magdalena Knapp, Anna Piszcz
22. Portugal
Duarte Pirra
23. Romania
Anca Buta Musat, Carmen-Elena Turcu
24. Slovakia
Ondrej Blažo
25. Slovenia
Petra Weingerl
26. Spain
Maria Paz de la Cuesta de los Mozos
27. Sweden
Antonina Bakardjieva Engelbrekt

Implementation and Enforcement of the UTP Directive: Concluding remarks
Bert Keirsbilck, Elisa Paredis