scholarly journals Protection of a Weaker Party in Public Interest – Material Scope of the Directive on Unfair Trading Practices in Business-to-Business Relationships in the Agricultural and Food Supply Chain

2020 ◽  
Vol 5 (1) ◽  
pp. 62-72
Author(s):  
Magdalena Knapp
Keyword(s):  
Supply Chain ◽  
Public Interest ◽  
Food Supply ◽  
Business Relationships ◽  
Food Supply Chain ◽  
Vertical Relationships ◽  
Recent Developments ◽  
Regulatory Approach ◽  
Business To Business ◽  
The Eu

The article focuses on the scope of the Directive (EU) 2019/633 of the European Parliament and of the Council of 17 April 2019 on unfair trading practices in business-to-business relationships in the agricultural and food supply chain. It discusses recent developments in regulatory approach to unfair trading practices. It analyses steps taken towards uniformity in this area of law within the EU and contemplates whether there is a need for further harmonisation. The article attempts to evaluate the scope of the UTP Directive, focusing mainly on a material scope inherently linked to the notion of “agricultural and food products” and characteristics of unfair trading practices. It also discusses whether Member States should consider widening the national regulations beyond food supply chain so that their scope would cover vertical relationships in every sector of the economy.

Unfair Trading Practices in the Food Supply Chain: Regulating Right?

2018 ◽  
Vol 9 (4) ◽  
pp. 690-700 ◽  
Author(s):  
Hanna SCHEBESTA ◽  
Tom VERDONK ◽  
Kai P PURNHAGEN ◽  
Bert KEIRSBILCK
Keyword(s):  
Supply Chain ◽  
Food Supply ◽  
Ad Hoc ◽  
Business Relationships ◽  
Eu Law ◽  
Legal Basis ◽  
Food Supply Chain ◽  
Legal Perspective ◽  
Current Content ◽  
Business To Business

This report examines the pending Proposal for a directive on unfair trading practices in business-to-business relationships in the food supply chain, and its proposed amendments. It provides a general overview of the current content of the Proposal and analyses the proposed rules from a legal perspective. We find that: (1) the CAP legal basis may prove insufficient for regulation that covers the entire agri-food chain; and may (2) result in a strained relationship with the competition and consumer acquis; (3) the empirical basis for the prevalence of unfair trading practices, and the effect of their prohibition is relatively dire, which results in uncertainty with regard to the achievement of the future UTPD’s intended effect and effectiveness; (4) the choice for specific targeted prohibitions instead of general umbrella clauses may lead to ad hoc regulation that leaves large loopholes; (5) the institutional enforcement mechanism makes it likely that the Proposal contributes to the foundation for a new area of EU law, which will increasingly regulate practices in business-to-business relationships.

scholarly journals Relevancia práctica de la nueva normativa sobre comportamientos desleales en las relaciones entre empresas en la cadena agroalimentaria: la Directiva (UE) 2019/633

2020 ◽  
pp. 135-154
Author(s):  
Trinidad Vázquez Ruano ◽  
Juan Latorre Ruiz
Keyword(s):  
Supply Chain ◽  
Food Chain ◽  
Agricultural Policy ◽  
Food Supply ◽  
Common Agricultural Policy ◽  
Equal Opportunities ◽  
Food Supply Chain ◽  
The Common ◽  
New Challenges ◽  
Business To Business

The work we present addresses the new challenges that arise in the European framework regarding the agri-food chain, following the recent approval of Directive (EU) 2019/633 of 17 April on unfair trading practices in business-to-business relationships in the agricultural and food supply chain. The European Commission has dealt with small and medium-sized food and agricultural companies, producers and farmers in the food supply chain who represent a vulnerable sector in the agri-food supply chain. The new normative text aims to limit the possible unfair trading practices that are carried out in the supply chain and that involve the alteration of the equal opportunities of small and medium-sized food and agricultural companies, producers and farmers. Fundamentally due to the diverse negotiation capacity, in accordance with the proposals for the modernisation of the Common Agricultural Policy (CAP).

scholarly journals Impact of the EU Biofuels Directive on the EU Food Supply Chain

2011 ◽  
Vol 17 (2-3) ◽  
pp. 373-385 ◽  
Author(s):  
Andrzej Tabeau ◽  
Martin Banse ◽  
Geert Woltjer ◽  
Hans Van Meijl
Keyword(s):  
Supply Chain ◽  
Food Supply ◽  
Food Supply Chain ◽  
The Eu

The configuration of power in vertical relationships in the food supply chain in the Canary Islands

2012 ◽  
Vol 114 (8) ◽  
pp. 1128-1156 ◽  
Author(s):  
María Angeles Sanfiel‐Fumero ◽  
Ángel Martín Ramos‐Dominguez ◽  
Juan Ramón Oreja‐Rodríguez
Keyword(s):  
Supply Chain ◽  
Canary Islands ◽  
Food Supply ◽  
Food Supply Chain ◽  
Vertical Relationships

scholarly journals Application of nanotechnologies along the food supply chain

2021 ◽  
Vol 6 (1) ◽  
pp. 749-760
Author(s):  
Luísa Cruz-Lopes ◽  
Morgana Macena ◽  
Raquel P. F. Guiné
Keyword(s):  
Supply Chain ◽  
Food Supply ◽  
Agricultural Production ◽  
Food Additives ◽  
Food Supply Chain ◽  
Industrial Processing ◽  
Nanoscience And Nanotechnology ◽  
Advantages And Disadvantages ◽  
Recent Developments ◽  
Food Conditions

Abstract Nanoscience and nanotechnology are new frontiers for this century. Nanotechnology translates into the ability to manipulate the material on a nanoscale. As in other sectors, recent developments in the field of nanoscience and nanotechnology offer new opportunities for innovation for food. Nanofoods are considered foods grown, produced, processed or packaged using nanotechnological tools that incorporate nanomaterials to improve nutritional quality, taste or texture, and increase the shelf life of food. Nanotechnology’s applications are diverse, going from nanoencapsulated ingredients, such as bioactive compounds, nutrients and food additives that increase the bioavailability of the compounds, to ingredients that constitute nanostructures and nanotextures that provide barriers for physical-chemical protection, which allow modification of flavour and odour. Also, has the potential to be used as biosensors to monitor food conditions during storage and transport, through packaging that includes indicators. This review covers the development and use of nanotechnology along the food supply chain, focusing the agricultural production, industrial processing and protection through packaging, as well as addressing the advantages and disadvantages of using this technology.

scholarly journals Wpływ rozporządzenia UE nr 2017/2393 na prawną organizację rynku mleka i przetworów mlecznych

2018 ◽  
pp. 91-101
Author(s):  
Izabela Lipińska
Keyword(s):  
Supply Chain ◽  
Production Process ◽  
Significant Role ◽  
Food Supply ◽  
Raw Milk ◽  
Food Supply Chain ◽  
Agricultural Producers ◽  
Milk Products ◽  
The Eu

The aim of this article was to answer the question whether and to what extent the amendments to the legal organisation of the milk and milk products market introduced as of 1 January 2018 contribute to improving the lives of milk producers and the development of the market. This refers to certain legal solutions adopted by the EU legislator which aim to strengthen the role of agricultural producers and their organisations in the agri-food supply chain. The amendments to Regulation 1308/2013 have not changed the organisational framework of the market, but addressed basically two issues – the obligation to conclude raw milk delivery contracts and contractual negotiations in this sector. The legal solutions adopted by the legislator are very positive. Written contracts, which are mandatory in many Member States, define and guarantee the producers’ rights and clearly indicate the obligations associated with the production process. In turn, entrusting the role of a negotiator of contract terms to producers’ representatives should be seen as recognition of their significant role in shaping the market in a manner adequate to its needs.

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