Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL on cooperation among enforcement authorities responsible for the enforcement of Directive (EU) 2019/633 on unfair trading practices in business-to-business relationships in the agricultural and food supply chain
Date: 2024-12-10
Institutions: Directorate-General for Agriculture and Rural Development, European Commission
Subjects: administrative cooperation, agri-foodstuffs, application of the law, cross-border cooperation, food industry, small and medium-sized enterprises, supplier, supply, supply chain, unfair terms of contract

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   EUROPEAN COMMISSION  Brussels, 10.12.2024  COM(2024) 576 final 2024/0318 (COD)  Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL on cooperation among enforcement authorities responsible for the enforcement of Directive (EU) 2019/633 on unfair trading practices in business-to-business relationships in the agricultural and food supply chain  
 
EXPLANATORY MEMORANDUM 

1. 

CONTEXT OF THE PROPOSAL 

Reasons for and objectives of the proposal 

• 
Directive  (EU)  2019/6331  (the  Directive)  required  Member  States  to  designate  enforcement 
authorities to ensure the effective enforcement of the prohibitions laid down in Article 3 of the 
Directive. The enforcement authorities can act either on their own initiative or on the basis of 
complaints by parties affected by unfair trading practices in the agricultural and food supply 
chain.  

The Directive also introduced rules related to the powers of enforcement authorities ensuring 
that  those  authorities  can  investigate,  collect  information  and  order  the  termination  of  an 
unfair trading practice (Article 6 of the Directive). 

In  addition,  the  Directive  required  the  enforcement  authorities  to  cooperate  effectively  with 
each  other  and  with  the  Commission,  and  to  provide  each  other  with  mutual  assistance  in 
investigations that have a cross-border dimension (Article 8 of the Directive).  

The  experience  of  enforcement  authorities  is  that  gathering  information,  finding  an 
infringement  and  imposing  and  enforcing  fines  and  other  equally  effective  penalties  can  be 
difficult where the buyer is located in another Member State. The ability of the enforcement 
authorities to cooperate in such cases should therefore be strengthened. 

Closing the enforcement gap aims a strengthening farmers’ position in the supply chain.  To 
address  this  challenge the Commission  put  forward  a reflection paper on  15 March 2024 in 
which it announced a set of measures intended to enhance the position of farmers in the food 
supply chain.  A  stand-alone legal  act  introducing new rules on  cross-border enforcement of 
the Directive was included in the set of measures that the Commission announced.  

The Political Guidelines for the next European Commission 2024-2029 commit to strengthen 
farmers’  position  and  further  protect  them  against  unfair  trading  practices.  Moreover,  the 
Strategic  Dialogue  on  the  Future  of  EU  Agriculture,  announced  by  the  President  of  the 
European  Commission  in  her  State  of  the  Union  Address  on  September  13th  2023  and 
launched in January 2024,  which brought together 29 major stakeholders from the European 
agri-food sectors, civil society, rural communities and academia in its final report2 called for 
proactive steps both at European and national level inter alia to better address unfair trading 
practices.  

The  Report  on  the  Strategic  Dialogue  on  the  Future  of  EU  Agriculture  included 
recommendations  for  an  effective,  balanced  and  proportionate  framework  to  address  unfair 
trading  practices,  among  others,  the  effective  enforcement  of  unfair  trading  practices 
legislation, the cooperation among enforcement authorities in cross-border cases, including a 
common online platform to share investigations and information on cases, as well as the need 
for  the  enforcement  authorities  to  have  adequate  and  proportionate  resources  to  enforce  the 
legislation. 

1 
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  (OJ  L  111, 
25.4.2019, p. 59, ELI: http://data.europa.eu/eli/dir/2019/633/oj). 
2 

Strategic Dialogue on the Future of EU Agriculture. 

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• 

Consistency with existing policy provisions in the policy area 

The  proposal  complements  the  Directive  with  the  view  to  ensuring  that  the  enforcement 
authorities  have  the  necessary  tools  to  gather  information,  find  an  infringement  and  impose 
and  enforce  fines  and  other  equally  effective  penalties  against  buyers  located  in  another 
Member State. 

The  proposal  does  not  interfere  with  the  ongoing  evaluation  of  the  Directive  that  the 
Commission  is  conducting  in  line  with  its  legal  obligation  under  the  Directive  itself  or 
prejudge the result of that evaluation. 

• 

Consistency with other Union policies 

As explained in the explanatory memorandum of the proposal for what became the Directive, 
competition law has a different scope from rules on unfair trading practices, as unfair trading 
practices  are  unilateral  practices  that  do  not,  in  most  cases,  involve  the  existence  of  a 
dominant position in a given market or an abuse of that position.  

Accordingly,  the  rules  in  this  proposal  laying  down  measures  solely  for  enforcement 
authorities  designated  under  the  Directive  are  compatible  and  complementary  to  the  EU 
competition rules. 

While the EU has also adopted rules on cooperation between national authorities responsible 
for the enforcement of consumer protection laws3, the scope of those rules is different to the 
rules in this proposal, since the rules on consumer protection apply to business-to-consumer 
(B2C)  situations  and  do  not  as  such,  cover  business-to-business  (B2B)  situations,  although 
Member States may choose to extend their scope.  

2. 

• 

LEGAL BASIS, SUBSIDIARITY AND PROPORTIONALITY 

Legal basis 

This  proposal  is  based  Article  43(2)  TFEU  because  it  complements  the  Directive,  which  is 
itself based on Article 43(2) TFEU.  

• 

Subsidiarity (for non-exclusive competence)  

This  proposal  concerns  unfair  trading  practices  with  a  cross-border  dimension.  The  cross-
border  dimension  of  the  enforcement  of  the  rules  on  unfair  trading  practices  cannot  be 
sufficiently  addressed  by  the  Member  States,  especially  in  cases  of  unfair  trading  practices 
that affect more than two Member States.  

• 

Proportionality 

The  proposal  aims  to  improve  and  increase  cooperation  between  enforcement  authorities, 
while  maintaining  a  minimal  interference  in  the  legal  orders  of  the  Member  States.  The 
proposed  rules  on  collection  of  information  and  the  proposed  rules  on  enforcement  do  not 
alter national rules governing the collection of information and the adoption of enforcement 
measures.  Rather,  the  proposed  rules  aim  to  ensure  that  a  legal  basis  is  provided  to  enable 

3 
Regulation (EU) 2017/2394 of the European Parliament and of the Council of 12 December 2017 on 
cooperation  between  national  authorities  responsible  for  the  enforcement  of  consumer  protection  laws  and 
ELI: 
repealing 
http://data.europa.eu/eli/reg/2017/2394/oj).  

(EC)  No 

27.12.2017, 

Regulation 

2006/2004 

345, 

(OJ 

1, 

p. 

L 

EN 

2 

  EN 

 
 
exchanges  of  information  and  requests  for  enforcement  measures,  for  which  the  requested 
authority will follow its national rules.  

The  proposal  also  does  not  impact  the  administrative  system  or  the  procedural  laws  of  the 
Member States that remain free to design their systems of enforcement of the rules on unfair 
trading practices.  

• 

Choice of the instrument 

A Regulation has been chosen (like for other such EU cooperation instruments, notably those 
on  customs  cooperation4,  VAT  cooperation5,  feed  and  food  controls6,  and  consumer 
protection7),  as  the  proposed  rules  essentially  provide  for  directly  applicable  cooperation 
arrangements between public authorities.  

Without an appropriate EU legal framework that applies directly  in all Member States, each 
Member State may take a different approach when laying down rules governing requests for 
information  or  requests  for  enforcement  measures  and  may  condition  the  actions  of  the 
enforcement  authority  by  several  factors.  This  may  lead  to  legal  uncertainty  and  ultimately 
hinder the enforcement against unfair trading practices in cross-border cases that is envisaged 
by the Directive.  

3. 

• 

RESULTS 
CONSULTATIONS AND IMPACT ASSESSMENTS 

EX-POST 

EVALUATIONS, 

OF 

STAKEHOLDER 

Ex-post evaluations/fitness checks of existing legislation 

This is a proposal for a new Regulation of the European Parliament and of the Council and is 
not following an ex-post evaluation or fitness check of existing legislation.  

• 

Stakeholder consultations 

Due to urgency, no formal call for evidence was carried out. However, multiple workshops, 
events  and  meetings  with  stakeholders  have  taken  place,  in  which  stakeholders  submitted 

4 

5 

6 

7 

p. 

in 

of 

the 

268 

field 

value 

added 

12.10.2010, 

tax,  OJ  L 

Regulation  (EU)  2021/444  of  the  European  Parliament  and  of  the  Council  of  11  March  2021 
establishing the Customs programme for cooperation in the field of customs and repealing Regulation 
(EU) No 1294/2013, OJ L 87, 15.3.2021, p. 1–16, ELI: http://data.europa.eu/eli/reg/2021/444/oj  
Council Regulation (EU) No 904/2010 of 7 October 2010 on administrative cooperation and combating 
fraud 
1,  ELI: 
http://data.europa.eu/eli/reg/2010/904/2024-01-01  
Regulation (EU) 2017/625 of the European Parliament and of the Council of 15 March 2017 on official 
controls and other official activities performed to ensure the application of food and feed law, rules on 
animal health and welfare, plant health and plant protection products, amending Regulations (EC) No 
999/2001, (EC) No 396/2005, (EC) No 1069/2009, (EC) No 1107/2009, (EU) No 1151/2012, (EU) No 
652/2014, (EU) 2016/429 and (EU) 2016/2031 of the European Parliament and of the Council, Council 
Regulations  (EC)  No  1/2005 and  (EC)  No  1099/2009  and Council  Directives  98/58/EC,  1999/74/EC, 
2007/43/EC,  2008/119/EC  and  2008/120/EC,  and  repealing  Regulations  (EC)  No  854/2004  and  (EC) 
No  882/2004  of  the  European  Parliament  and  of  the  Council,  Council  Directives  89/608/EEC, 
89/662/EEC,  90/425/EEC,  91/496/EEC,  96/23/EC,  96/93/EC  and  97/78/EC  and  Council  Decision 
1,  ELI: 
92/438/EEC 
http://data.europa.eu/eli/reg/2017/625/2022-01-28 
Regulation (EU) 2017/2394 of the European Parliament and of the Council of 12 December 2017 on 
cooperation between national authorities responsible for the enforcement of consumer protection laws 
(EC)  No  2006/2004,  OJ  L  345  27.12.2017,  p.  1,  ELI: 
and 
http://data.europa.eu/eli/reg/2017/2394/2022-01-01  

(Official  Controls  Regulation),  OJ  L 

repealing  Regulation 

7.4.2017, 

095 

p. 

EN 

3 

  EN 

 
comments, evidence and suggestions on how the enforcement of unfair trading practices could 
be improved.  

The  enforcement  authorities  responsible  for  the  enforcement  of  the  Directive  meet  at  least 
once  per  year  and  discuss  best  practices,  new  cases  and  new  developments  in  the  area  of 
unfair trading practices in the agricultural and food supply chain, and exchange information.  
The Commission facilitates all those meetings and has, in this context, gathered the views of 
the enforcement authorities on cross-border enforcement.  

• 

Collection and use of expertise 

While no call for evidence or public consultation were conducted due to the urgency to act, 
the  Commission  has  presented  the  proposed  measures  several  times  to  stakeholders  and  the 
enforcement authorities and in bilateral meetings involving all relevant EU based associations 
within the agri-food supply chain, including consumers. 

The  enforcement  authorities  have  acknowledged  the  challenges  posed  by  cross-border 
enforcement against unfair trading practices and developed common guidelines, templates and 
procedures to ensure more effective coordination between them.  

• 

Impact assessment 

An  impact  assessment  was  not  carried  out  for  this  proposal  because  of  the  limited  choice 
between  policy  options  available  for  the  Commission.  The  proposal  is  to  be  seen  as  an 
enforcement  tool  laying  down  already  existing  obligations  under  the  UTP  Directive  (for 
which there are no procedural rules in place on how to achieve this), enhancing cooperation 
among enforcement authorities.  

• 

Regulatory fitness and simplification 

The present proposal is one of the measures announced in the Commission’s Reflection Paper 
of 15 March 2024 as part of the Simplification Package. 

Laying out an EU legal framework applicable in all Member States will ensure that there are 
no different approaches that could undermine legal certainty, lead to lengthy procedures, and 
create confusion in the cooperation among enforcement authorities.  

In  addition,  the  opinion  of  the  ‘Fit  For  Future  Platform’  noted,  that  while  increased 
harmonisation could lead to less flexibility to adapt the rules on a national level, the numerous 
challenges  that  arise  in  dealing  with  unfair  trade  practices  with  a  cross-border  dimension 
create the need to enact legal rules that will apply in all Member States in dealing with unfair 
trade practices with a cross-border dimension. 

• 

Fundamental rights 

The EU is committed to high standards of fundamental rights’ protection.  

This proposal respects the rights enshrined in the Charter of Fundamental Rights of the EU. 
The  proposal  will  contribute  to  the  ability  of  suppliers  to  conduct  a  business.  The  proposal 
also aims to ensure that the exercise of the powers referred to in this Regulation is subject to 
appropriate  safeguards  in  respect  of  the  buyers'  rights  of  defence,  including  the  right  to  be 
heard  and  the  right  to  an  effective  remedy.  The  proposal  further  requires  that  enforcement 
proceedings of the enforcement authorities are conducted within a reasonable timeframe. 

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4. 

BUDGETARY IMPLICATIONS 

The  proposal  does  not  have  an  impact  on  the  EU  budget.  It  would  require  the  use  of  an 
existing  website  for  the  information  exchange  by  the  enforcement  authorities  and  the 
Commission.  

5. 

• 

OTHER ELEMENTS 

Implementation plans and monitoring, evaluation and reporting arrangements 

The present proposal is a proposal for a new EU Regulation as a complementary tool to  the 
Directive.  Therefore,  the  implementation  plan  and  monitoring,  evaluation  and  reporting 
arrangements remain the same as under the current framework. 

• 

Explanatory documents (for directives) 

The proposal concerns an EU Regulation. 

• 

Detailed explanation of the specific provisions of the proposal 

First, procedural rules for exchanges of information  between enforcement authorities should 
be laid down. Requests for information are to be made in writing, stating the corresponding 
provision  of  the  Directive,  as  well  as  the  national  law.  The  collection  of  the  requested 
information is to be made by the requested enforcement authority and used by the applicant 
enforcement authority in accordance with their national laws. 

Second,  the  possibility  is  introduced  for  a  requested  enforcement  authority  to  exercise,  in 
accordance  with  the  national  rules  of  its  Member  State,  the  powers  attributed  to  it  by  the 
Directive.  

Third,  an  enforcement  authority  should  be  able  to  enforce,  at  the  request  of  another,  in 
accordance with the national rules of its Member State, final decisions imposing fines or other 
equally effective penalties and interim measures, adopted in accordance with the Directive.   

Fourth,  in  order  to  increase  transparency,  enforcement  authorities  should  be  able  to  notify 
their decisions to the other enforcement authorities.  

Fifth,  to  ensure  that  the  mutual  assistance  mechanism  established  under  the  Regulation  is 
achieved,  exhaustive  rules  enabling  the  enforcement  authorities  to  refuse  to  comply  with  a 
request for mutual assistance, should be laid down.  

Sixth, in order to avoid obstacles to a smooth cooperation linked to the absence of an agreed 
language  regime,  rules  allowing  the  enforcement  authorities  to  agree  on  the  language  to  be 
used in all notifications, requests and communications between them, as well as rules in case 
of disagreement among them, should be laid down. 

Seventh,  in  accordance  with  this  Regulation,  an  unfair  trading  practice  with  a  cross-border 
dimension,  involving  at  least  three  Member  States  should  be  considered  as  a  widespread 
unfair trading practice.  

Eighth,  in  cases  of  widespread  unfair  trading  practices,  the  enforcement  authorities  of  the 
Member States  concerned should be  able to  issue alerts, engage in  coordinated actions,  and 
designate a coordinator to coordinate the cooperation among the relevant authorities in whose 
territories the practice may be taking place.  

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Ninth, procedures for the coordination of investigation and enforcement measures relating to 
widespread unfair trading practices with a cross-border dimension should be laid down. 

Tenth, it is necessary to list the cases where a concerned enforcement authority may decide to 
refuse to participate in a coordinated action. 

Eleventh,  with  a  view  to  ensuring  that  the  enforcement  authorities  concerned  by  the 
coordinated  action  have  all  the  tools  necessary  to  communicate,  cooperate,  and  coordinate, 
this Regulation should lay down rules on language arrangements. 

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2024/0318 (COD) 

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Proposal for a 

REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL 

on cooperation among enforcement authorities responsible for the enforcement of 
Directive (EU) 2019/633 on unfair trading practices in business-to-business relationships 
in the agricultural and food supply chain 

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION, 

Having  regard  to  the  Treaty  on  the  Functioning  of  the  European  Union,  and  in  particular 
Article 43(2) thereof, 

Having regard to the proposal from the European Commission, 

After transmission of the draft legislative act to the national parliaments, 
Having regard to the opinion of the European Economic and Social Committee1, 
Having regard to the opinion of the Committee of the Regions2,  

Acting in accordance with the ordinary legislative procedure, 

Whereas: 

(1) 

(2) 

(3) 

Directive (EU) 2019/633 of the European Parliament and of the Council3 introduced a 
minimum  Union  standard  of  protection  against  unfair  trading  practices  to  reduce  the 
occurrence  of  practices  which  are  likely  to  have  a  negative  impact  on  the  living 
standards of the agricultural community.  

Directive (EU) 2019/633 requires Member States to designate enforcement authorities 
that ensure the effective  enforcement of the prohibitions  laid down in that Directive. 
That  Directive  also  requires  the  Commission  and  those  enforcement  authorities  to 
cooperate closely to ensure a common approach with respect to the application of the 
rules set out in that Directive. In particular, the enforcement authorities should provide 
each  other  with  mutual  assistance,  including  by  sharing  information  and  assisting  in 
investigations that have a cross-border dimension. 

Due  to  the  principle  of  territoriality,  enforcement  authorities  may  face  difficulties 
gathering information, finding an infringement and imposing and enforcing fines and 
other equally effective penalties where a buyer is established in another Member State. 
Such  difficulties  affect  the  system  of  enforcement  established  by  Directive  (EU) 
2019/633,  which  depends  on  cooperation  between  enforcement  authorities,  and  may 
lead to an uneven enforcement of unfair trading practices, undermining the protection 
for  suppliers  of  agricultural  and  food  products  intended  by  that  Directive.  It  is 

1 
2 
3 

OJ C […], […], p. […]. 
OJ C , , p. . 
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  (OJ L 
111, 25.4.2019, p. 59, ELI: http://data.europa.eu/eli/dir/2019/633/oj).  

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therefore  appropriate 
enforcement authorities in cross-border cases. 

to  establish 

rules  strengthening  cooperation  between 

(4) 

(5) 

(6) 

(7) 

(8) 

(9) 

Given  that  Directive  (EU)  2019/633  allows  Member  States  to  maintain  or  introduce 
stricter  national  rules  against  unfair  trading  practices,  it  should  be  clarified  that  this 
Regulation  does  not  cover  those  rules.  However,  the  Regulation  should  allow  the 
Member  States  to  decide  that  their  enforcement  authorities  can  make  use  of  the 
possibility 
the  mutual  assistance 
information  established  under 
mechanism  set  out  by  this  Regulation  in  relation  to  such  rules.  In  those  cases,  the 
enforcement  authorities  should  still  have  the  right  to  refuse  to  comply  with  such  a 
request.  

to  exchange 

To  ensure  the  effective  application  of  their  obligations  under  this  Regulation, 
enforcement authorities should be provided with the necessary resources and expertise.  

Enforcement authorities should have the power to provide one another with and use in 
evidence in accordance with their national law any matter of fact or of law, including 
confidential information. Information exchanged shall only be used in evidence for the 
purpose of applying the rules established by Directive (EU) 2019/633 and in respect of 
the subject-matter for which it was collected by the transmitting authority. 

Enforcement  authorities  should  be  empowered  in  their  own  territory  to  exercise  the 
powers referred to in  Article 6(1), points (b) and (c), of Directive (EU) 2019/633, in 
accordance  with  their  national  law,  on  behalf  of  and  for  the  account  of  other 
enforcement authorities. 

Enforcement authorities should inform one another of an unfair trading practice with a 
cross-border dimension that has occurred or is occurring in their territory. 

Enforcement authorities should be empowered in their own territory and in accordance 
with their national law to enforce, or initiate proceedings for the enforcement of, final 
decisions imposing fines or other equally effective penalties on behalf of and for the 
account  of  other  enforcement  authorities,  provided  that  those  other  enforcement 
authorities have made reasonable efforts to ascertain that the buyers against which the 
fines  or  other  equally  effective  penalties  are  to  be  enforced  do  not  have  sufficient 
assets in the Member States of those other enforcement authorities.  

(10)  Enforcement authorities should be able to exchange and seek information from other 
enforcement  authorities  by  issuing  requests  for  information.  These  requests  should 
specify  what 
to  conduct 
is  considered  necessary 
information 
investigations of unfair trading practices.  

in  each  case 

(11)  Enforcement authorities should not be entitled to refuse to comply with a request for 
information or to refuse to participate in enforcement measures unless it is likely that 
enforcement  actions  and  administrative  decisions  taken  at  national  level  outside  the 
mutual  assistance  mechanism  would  ensure  cessation  of  the  unfair  trading  practice 
with a cross-border dimension. Moreover, enforcement authorities should give reasons 
for such a refusal.  

(12)  Lack  of  procedural  arrangements  on  the  language  regime  may  pose  obstacles  to  the 
smooth  cooperation  between  enforcement  authorities.  For  this  reason,  rules  allowing 
the  enforcement  authorities  to  agree  on  the  language  to  be  used  in  all  notifications, 
requests and communications between them, as well as rules in case of disagreement 
among them, should be laid down. 

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(13)  With  a  view  to  ensuring  uniform  conditions  for  the  implementation  of  the  measures 
laid  down  in  this  Regulation,  implementing  powers  should  be  conferred  on  the 
Commission  to  be  able  to  develop  standard  forms  for  requests  for  information  or 
requests for enforcement measures. Those powers should be exercised in accordance 
with Regulation (EU) No 182/2011 of the European Parliament and of the Council4. In 
the  absence  of  standard  forms  developed  by  the  Commission,  the  enforcement 
authorities should be entitled to develop such forms to facilitate the mutual assistance 
mechanism.  

(14)  Where a widespread unfair trading practice with a cross-border dimension, involving 
at  least  three  Member  States  may  be  taking  place,  the  enforcement  authorities 
concerned  by  that  practice  should  be  able  to  issue  alerts,  engage  in  coordinated 
actions, and designate a coordinator to coordinate the cooperation among the relevant 
authorities  in  whose  territories  the  practice  may  be  taking  place.  To  establish  which 
enforcement authorities are concerned by a widespread unfair trading practice with a 
cross-border  dimension,  all  relevant  aspects  should  be  considered,  in  particular  the 
place  where  the  buyer  is  established  and  the  location  of  the  suppliers  that  may  be 
affected  by  the  unfair  trading  practice.  The  detection  of  widespread  unfair  trading 
practices  with  a  cross-border  dimension  should  be  supported  by  exchanging 
information between enforcement authorities when there is a reasonable suspicion of 
such  unfair  trading  practices  with  a  cross-border  dimension.  The  coordinator  should 
exercise  its  competence  within  a  framework  of  close  cooperation  with  the  other 
enforcement  authorities  concerned.  Likewise,  all  enforcement  authorities  concerned 
should  actively  engage  in  the  investigation  at  an  early  stage,  and  issue  alerts  to  the 
Commission  and  to  the  enforcement  authorities  concerned  by  a  widespread  unfair 
trading  practice  with  a  cross-border  dimension  and  share  the  necessary  information 
available to them about such practices. 

(15)  Procedures for the coordination of investigation and enforcement measures relating to 
widespread  unfair  trading  practices  with  a  cross-border  dimension  should  be  laid 
down.  Coordinated  actions  against  widespread  unfair  trading  practices  with  a  cross-
border  dimension  should  ensure  that  enforcement  authorities  are  able  to  choose  the 
most appropriate and efficient tools to stop those practices. 

(16) 

It is necessary to list the cases where a concerned enforcement authority may decide to 
refuse to participate in a coordinated action. In particular, lack of available resources 
on the part of an enforcement authority concerned by that unfair trading practice with 
a cross-border dimension should not be considered to justify refusing to participate in 
a coordinated action.  

(17)  With a view to ensuring that the enforcement authorities concerned by the coordinated 
action  have  all  the  tools  necessary  to  communicate,  cooperate,  and  coordinate,  this 
Regulation should lay down rules on language arrangements. 

(18)  This Regulation respects fundamental rights and observes the principles recognised in 
particular by the Charter of Fundamental Rights of the European Union and present in 
the constitutional traditions of the Member States. Accordingly, this Regulation should 
be interpreted and applied in accordance with those rights and principles. 

4 

Regulation  (EU)  No  182/2011  of  the  European  Parliament  and  of  the  Council  of  16  February  2011 
laying down the rules and general principles concerning mechanisms for control by Member States of 
(OJ  L  55,  28.2.2011,  p.  13,  ELI: 
the  Commission’s  exercise  of 
http://data.europa.eu/eli/reg/2011/182/oj).  

implementing  powers 

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(19)  Criminal  investigations  and  judicial  proceedings  in  Member  States  should  not  be 

affected by the application of this Regulation. 

(20)  Since  the  objective  of  this  Regulation,  namely  cooperation  between  the  enforcement 
authorities  responsible  for  the  enforcement  of  the  prohibition  of  unfair  trading 
practices  under  Directive  (EU)  2019/633,  cannot  be  sufficiently  achieved  by  the 
Member  States  because  they  cannot  ensure  cooperation  and  coordination  by  acting 
alone, but can rather, by reason of its territorial and personal scope, be better achieved 
at the Union level, the Union may adopt measures, in accordance with the principle of 
subsidiarity  as  set  out  in  Article  5  of  the  Treaty  on  European  Union.  In  accordance 
with the principle of proportionality, as set out in that Article, this Regulation does not 
go beyond what is necessary in order to achieve that objective. 

(21) 

In order to give the enforcement authorities the time needed to be able to implement 
the  rules  laid  down  in  this  Regulation,  its  application  should  be  deferred  by  1  year 
after its entry into force, 

HAVE ADOPTED THIS REGULATION: 

CHAPTER I 

INTRODUCTORY PROVISIONS 

Article 1 

Subject matter 

This Regulation lays down certain rules under which the enforcement authorities, having been 
designated  by  their  Member  States  as  responsible  for  the  enforcement  of  the  prohibition  of 
unfair  trading  practices  in  business-to-business  relationships  in  the  agricultural  and  food 
supply  chain  under  Directive  (EU)  2019/633,  cooperate  and  coordinate  actions  with  each 
other. 

Article 2 

Scope 

1. This Regulation applies to the enforcement of the prohibition of unfair trading practices in 
business-to-business  relationships  in  the  agricultural  and  food  supply  chain  laid  down  in 
Article 3(1) and (2) of Directive (EU) 2019/633 with a cross-border dimension. 

However, Article 5 of this Regulation also applies in relation to national rules within the 
meaning  of  Article  9  of  Directive  (EU)  2019/633  if  the  Member  State  so  decides  in 
accordance with paragraph 4 of that Article.  

2. This Regulation is without prejudice to the Union and national rules on private international 
law, in particular rules related to court jurisdiction and applicable laws. 

3. This Regulation is without prejudice to the application in the Member States of measures 
relating to judicial cooperation in civil and criminal matters, in particular the operation of the 
European Judicial Network established by Council Decision 2008/976/JHA5.  

5 
24.12.2008, p. 130, ELI: http://data.europa.eu/eli/dec/2008/976/oj).  

Council Decision 2008/976/JHA of 16 December 2008 on  the European Judicial Network  (OJ L 348, 

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Article 3 

Definitions 

For the purposes of this Regulation, the definitions referred to in Article 2 of Directive (EU) 
2019/633 apply. In addition, the following definitions apply: 

(a) ‘enforcement authority’ means the national authority or national authorities designated by 
a Member State pursuant to Article 4(1) of Directive (EU) 2019/633;  

(b)  ‘applicant  enforcement  authority’  means  the  enforcement  authority  that  makes  a  request 
for mutual assistance;  

(c) ‘requested enforcement authority’ means the enforcement authority that receives a request 
for mutual assistance; 

(d) ‘unfair trading practice with a cross-border dimension’ means any unfair trading practice 
within the meaning of Directive (EU) 2019/633 involving one supplier and one buyer that are 
located in different Member States; 

(e)  ‘widespread  unfair  trading  practice  with  a  cross-border  dimension’  means  any  unfair 
trading  practice  within  the  meaning  of  Directive  (EU)  2019/633  involving  at  least  three 
Member States; 

(f)  ‘final  decision’  means  a  decision  that  cannot  be,  or  that  can  no  longer  be,  appealed  by 
ordinary means. 

CHAPTER II 

RESOURCES AND EXPERTISE 

Article 4 

Resources and expertise 

Member  States  shall  ensure  that  enforcement  authorities  have  the  necessary  resources  and 
expertise for the application of this Regulation. 

CHAPTER III 

MUTUAL ASSISTANCE MECHANISM 

Article 5 

Requests for information  

1.  At  the  request  of  an  applicant  enforcement  authority,  a  requested  enforcement  authority 
shall,  without  delay,  and  within  60  days  unless  otherwise  agreed,  provide  the  applicant 
enforcement  authority  with  the  information  requested  to  establish  whether  an  unfair  trading 
practice  in  the  Member  State  of  the  applicant  enforcement  authority  with  a  cross-border 
dimension has occurred or is occurring.  

2. The  applicant  enforcement authority shall, when sending  a request  for information  to  the 
requested  enforcement  authority,  state  as  legal  basis  this  Regulation,  the  national  law 
transposing  Directive  (EU)  2019/633,  and  the  corresponding  provisions  of  Directive  (EU) 
2019/633, the purpose of the request, and specify what information is required. 

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12 

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3.  The  information  provided  shall  only  be  collected  by  the  requested  enforcement  authority 
and used by the applicant enforcement authority in accordance with their national law. 

4. Member States  may decide that  enforcement authorities can make use of the possibilities 
referred  to  in  this  Article  in  relation  to  national  rules  within  the  meaning  of  Article  9  of 
Directive (EU) 2019/633.  

When  an  applicant  enforcement  authority  makes  use  of  the  possibility  provided  in 
subparagraph  1,  the  requested  enforcement  authority  may  refuse  to  provide  information, 
indicating the reasons for the refusal. 

Article 6 

Requests for enforcement measures 

1.  At  the  request  and  on  behalf  of  an  applicant  enforcement  authority,  the  requested 
enforcement  authority  shall  exercise,  in  accordance  with  the  national  rules  of  its  Member 
State, the powers set out in Article 6(1), first subparagraph, points (a), (b) and (c), of Directive 
(EU) 2019/633. 

2. When a requested enforcement authority exercises the powers set out in Article 6(1), first 
subparagraph, points (a), (b) and (c), of Directive (EU) 2019/633 at the request and on behalf 
of an applicant enforcement authority, officials and other accompanying persons authorised or 
appointed  by  the  applicant  enforcement  authority  shall  be  permitted  to  attend  and  assist  the 
requested  enforcement  authority,  under  the  supervision  of  the  officials  of  the  requested 
enforcement authority.  

3.  The  requested  enforcement  authority  shall  inform  the  applicant  enforcement  authority 
about the steps and measures taken and the steps and measures that it intends to take. 

Article 7 

Requests for the enforcement of decisions imposing fines or other equally effective 
penalties and interim measures 

1. At the request of an applicant enforcement authority, the requested authority shall enforce, 
in accordance with its national law, final decisions imposing fines or other equally effective 
penalties  and  interim  measures  adopted  in  accordance  with  Article  6(1),  first  subparagraph, 
point (e), of Directive (EU) 2019/633.  

2. Paragraph 1 shall apply only to the extent that, after having made reasonable efforts in its 
own  territory,  the  applicant  enforcement  authority  has  ascertained  that  the  buyer  against 
which  the  fine  and  the  other  penalties  and  interim  measures  are  enforceable  does  not  have 
sufficient assets in the territory of its Member State. 

3. The applicant enforcement authority may request only the enforcement of a final decision.  

4. Questions regarding limitation periods for the enforcement of fines, other equally effective 
penalties and interim measures shall be governed by the national law of the Member State of 
the requested authority.  

Article 8 

Notification mechanism 

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An enforcement authority shall notify all other enforcement authorities within 1 month after 
adopting  a  decision  establishing  the  occurrence  of  an  unfair  trading  practice  with  a  cross-
border dimension in its Member State. 

Article 9 

Procedure for requests for mutual assistance 

1.  The  applicant  enforcement  authority  shall,  when  making  a  request  for  mutual  assistance, 
provide any relevant information necessary to enable the requested enforcement authority to 
fulfil that request, including any information that can be obtained only in the Member State of 
the applicant enforcement authority.  

2.  Requests  for  mutual  assistance  and  all  communications  linked  to  them  shall  be  made  in 
writing using standard forms.  

Article 10 

Refusal to comply with a request for mutual assistance 

1.  A  requested  enforcement  authority  may  refuse  to  comply  with  a  request  for  information 
under Article 5 only if one or both of the following applies:  

(a)  following  a  consultation  with  the  applicant  enforcement  authority,  the  information 
requested is not needed by the applicant enforcement authority to establish whether an unfair 
trading practice with a cross-border dimension has occurred or is occurring;  

(b)  criminal  investigations  or  judicial  proceedings  have  already  been  initiated  against  the 
same buyer in respect of the same unfair trading practice before the authorities in the Member 
State of the requested enforcement authority or of the applicant enforcement authority.  

2.  A  requested  enforcement  authority  may  refuse  to  comply  with  a  request  for  enforcement 
measures  under  Articles  6  and  7  only  if,  having  consulted  with  the  applicant  enforcement 
authority, one or both of the following applies:  

(a) criminal investigations or judicial proceedings have already been initiated, a judgment has 
been given, or a court settlement has been reached in respect of the same unfair trade practice 
before the judicial authorities in the Member State of the requested enforcement authority;  

(b)  the  exercise  of  the  necessary  enforcement  powers  has  already  been  initiated,  or  an 
administrative  decision  has  already  been  adopted  in  respect  of  the  same  intra-Union 
infringement  and  against  the  same  trader  in  the  Member  State  of  the  requested  authority  in 
order to bring about the swift and effective cessation of the same unfair trade practice; 

(c) a criminal investigation or judicial proceedings have already been initiated as regards the 
same buyer in respect of the same unfair trade practice before the judicial authorities of the 
applicant;  

(d) the applicant enforcement authority has not provided the information that is necessary in 
accordance with Article 5. 

3.  The  requested  enforcement  authority  shall  inform  the  applicant  enforcement  authority  of 
any refusal to comply with a request for mutual assistance, together with the reasons for that 
refusal.  

Article 11 

Language arrangements 

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14 

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1. The languages used by the enforcement authorities for requests, notifications and all other 
communications  covered  by  this  Chapter  which  are  linked  to  the  mutual  assistance 
mechanism, shall be agreed upon with the enforcement authorities concerned.  

2.  If  no  agreement  can  be  reached  between  the  enforcement  authorities  concerned,  requests 
for mutual assistance shall be sent in the official language, or one of the official languages, of 
the Member State of the applicant enforcement authority and replies in the official language, 
or one of the official languages, of the Member State of the requested enforcement authority.  

Article 12 

Implementing powers  

The Commission may adopt implementing acts laying down standard forms for the requests 
of mutual assistance under Article 9(2). 

The implementing acts referred to in the first paragraph shall be adopted in accordance with 
the examination procedure referred to in Article 21.  

INVESTIGATION AND ENFORCEMENT MECHANISMS FOR WIDESPREAD 
UNFAIR TRADING PRACTICES WITH A CROSS-BORDER DIMENSION  

CHAPTER IV 

Article 13 

Launch of a coordinated action and designation of the coordinator 

1.  Where  there  is  a  reasonable  suspicion  that  there  may  be  a  widespread  unfair  trading 
practice with a cross-border dimension, the enforcement authorities concerned by that practice 
shall  launch a coordinated action which shall be based on an agreement  between  them. The 
launch of the coordinated action shall be notified to the Commission without delay. 

2.  The  enforcement  authorities  concerned  by  the  widespread  unfair  trading  practice  with  a 
cross-border dimension shall designate an enforcement authority to be the coordinator.  

3.  The  enforcement  authorities  concerned  by  the  widespread  unfair  trading  practice  with  a 
cross-border  dimension  shall  conduct  investigations  on  the  basis  of  information  that  is 
available to them. They shall notify the results of such investigations to the other enforcement 
authorities, pursuant to Article 19.  

4.  An  enforcement  authority  shall  join  the  coordinated  action  if  it  becomes  apparent  during 
that coordinated action that the enforcement authority is concerned by the widespread unfair 
trading practice with a cross-border dimension. 

5.  In  order  to  establish  that  an  enforcement  authority  is  concerned  by  a  widespread  unfair 
trading practice with a cross-border dimension all elements shall be taken into account and in 
particular:  

a)  the Member States where the buyers are established;   

b) the Member States where the suppliers that may be affected by the unfair trading practice 
are established. 

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Reasons for refusing to take part in the coordinated action 

Article 14 

1. An enforcement authority may refuse to take part in a coordinated action only if any of the 
following applies:  

(a) a criminal investigation or judicial proceedings have already been initiated, a judgment has 
been  given,  or  a  court  settlement  has  been  reached  in  respect  of  the  same  buyer  and 
concerning the same unfair trading practice in that enforcement authority’s Member State;  

(b) the enforcement authority has already initiated investigations before the issuing of an alert 
referred  to  in  Article  19,  or  an  administrative  decision  has  been  adopted  against  the  same 
buyer in respect of the same unfair trading practice in that enforcement authority’s Member 
State to bring about the cessation of the widespread unfair trading practice with a cross-border 
dimension;  

(c) the widespread unfair trading practice with a cross-border dimension has not occurred in 
that enforcement authority’s Member State and therefore no enforcement measures need to be 
adopted by that enforcement authority. 

2.  Where  an  enforcement  authority  refuses  to  take  part  in  the  coordinated  action,  it  shall 
inform  the  Commission  and  the  other  enforcement  authorities  concerned  by  the  widespread 
unfair trading practice with a cross-border dimension about its decision without delay, stating 
the reasons for its decision and providing any necessary supporting documents. 

Article 15 

Investigation measures in coordinated actions 

1.  The  enforcement  authorities  concerned  by  the  coordinated  action  shall  ensure  that 
investigations  and  inspections  are  conducted  in  a  coordinated  manner.  They  shall  seek  to 
conduct investigations and inspections and, to the extent that national law so allows, to apply 
interim measures simultaneously with one another.  

2. The enforcement authorities concerned by the coordinated action shall set out the outcome 
of the investigation and the assessment of the widespread unfair trading practice with a cross-
border dimension in a common position, summarising the national decisions adopted. 

3. Without prejudice to the rules on confidentiality and on professional and trade secrecy laid 
down  in  Directive  (EU)  2016/943  of  the  European  Parliament  and  of  the  Council6,  the 
enforcement  authorities  concerned  by  the  coordinated  action  shall  publish  the  common 
position or parts thereof on their websites and inform the Commission of the publication.  

Article 16 

Enforcement measures in coordinated actions 

1.  The  enforcement  authorities  concerned  by  the  coordinated  action  shall  take  within  their 
jurisdiction all necessary enforcement measures  under Article 6 of Directive (EU) 2019/633 

6 

EN 

Directive  (EU)  2016/943  of  the  European  Parliament  and  of  the  Council  of  8  June  2016  on  the 
protection  of  undisclosed  know-how  and  business  information  (trade  secrets)  against  their  unlawful 
ELI: 
disclosure 
acquisition, 
http://data.europa.eu/eli/dir/2016/943/oj).  

15.6.2016, 

157, 

(OJ 

and 

use 

1, 

p. 

L 

16 

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against  the  buyer  responsible  for  the  widespread  unfair  trading  practice  with  a  cross-border 
dimension to bring about the cessation of that unfair trading practice.  

2.  Enforcement  measures  pursuant  to  paragraph  1  shall  be  taken  by  the  enforcement 
authorities in accordance with the national rules of their Member State and in a coordinated 
manner  to  bring  about  the  cessation  of  the  widespread  unfair  trading  practice  with  a  cross-
border dimension. The enforcement authorities concerned by the coordinated action shall seek 
to  take  enforcement  measures  simultaneously  in  the  Member  States  concerned  by  that 
widespread cross-border infringement. 

Article 17 

Cessation of coordinated action 

1.  A  coordinated  action  shall  cease  if  the  enforcement  authorities  concerned  by  the 
coordinated  action  conclude  that  the  widespread  unfair  trading  practice  with  a  cross-border 
dimension  has  ceased  in  all  Member  States  concerned,  or  that  no  such  widespread  unfair 
trading practice with a cross-border dimension was committed. 

2. The coordinator referred to in Article 13(2) shall notify, where applicable, the enforcement 
authorities of the Member States concerned by the coordinated action of the cessation of the 
coordinated action without delay. 

Article 18 

Role of the coordinator 

1. The coordinator appointed in accordance with Article 13 shall in particular:  

(a) ensure that the enforcement authorities concerned are duly informed, in a timely manner, 
of  the  progress  of  the  investigation  or  of  the  enforcement  action,  and  informed  of  any 
anticipated next steps and the measures to be adopted;  

(b)  coordinate  and  monitor  the  investigation  measures  taken  by  the  enforcement  authorities 
concerned in accordance with this Regulation;  

(c) coordinate the preparation and sharing of all necessary documents among the enforcement 
authorities concerned; 

(d)  maintain  contact  with  the  buyer  and  other  parties  concerned  by  the  investigation  or 
enforcement measures, as applicable, unless otherwise agreed by the enforcement authorities 
concerned and the coordinator;  

(e) where applicable, coordinate the assessment, the consultations and the monitoring by the 
enforcement  authorities  concerned  as  well  as  other  steps  necessary  to  implement  the 
commitments proposed by the buyer concerned;  

(f)  where  applicable,  coordinate  enforcement  measures  adopted  by  the  enforcement 
authorities concerned; 

(g)  coordinate  requests  for  mutual  assistance  submitted  by  the  enforcement  authorities 
concerned pursuant to Chapter III.  

2. The coordinator shall not be held responsible for the actions or the omissions of the other 
enforcement authorities concerned when they make use of the powers set out in Article 6 of 
Directive (EU) 2019/633 and in the rules laid down in this Regulation.  

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Article 19 

Alerts 

1.  An  enforcement  authority  shall  without  delay  alert  the  Commission  and  the  other 
enforcement  authorities  that  a  widespread  unfair  trading  practice  with  a  cross-border 
dimension may be taking place. 

2. The enforcement authority shall, when issuing an alert referred to in paragraph 1, provide 
information  about  the  suspected  widespread  unfair  trading  practice  with  a  cross-border 
dimension covered by this Regulation, including, the following: 

(a) a description of the widespread unfair trading practice with a cross-border dimension; 

(b) details of the subject matter of the widespread unfair trading practice with a cross-border 
dimension; 

(c)  the  Member  States  concerned  or  possibly  concerned  by  the  widespread  unfair  trading 
practice with a cross-border dimension; 

(d) the identity of the buyer or buyers suspected of committing the widespread unfair trading 
practice with a cross-border dimension; 

(e) the unfair trading practice concerned under Directive (EU) 2019/633 and by reference to 
national law; 

(f)  a  description  of  any  legal  proceedings,  enforcement  measures  or  other  measures  taken 
concerning  the  widespread  unfair  trading  practice  with  a  cross-border  dimension  and  their 
dates and duration, as well as the status thereof; 

(g)  the  identities  of  the  enforcement  authorities  bringing  the  proceedings  and  taking  other 
measures. 

3. The enforcement authority may, when issuing an alert, request enforcement authorities in 
other  Member  States  to  verify  whether,  based  on  information  that  is  available  or  easily 
accessible  to  the  relevant  enforcement  authorities,  the  same  widespread  unfair  trading 
practices  may  be  taking  place  in  the  territory  of  those  other  Member  States  or  whether  any 
proceedings are pending or any enforcement measures have already been taken against such 
unfair  trading  practices  in  those  Member  States.  The  enforcement  authorities  in  those  other 
Member States shall reply to the request without delay. 

Article 20 

Language arrangements 

1. The languages used by the enforcement authorities for notifications, as well as for all other 
communications covered by this Chapter which are linked to the coordinated actions, shall be 
agreed upon by the enforcement authorities concerned.  

2.  If  no  agreement  can  be  reached  between  the  enforcement  authorities  concerned, 
notifications  and  other  communications  shall  be  sent  in  the  official  language  or  one  of  the 
official languages of the Member State making the notification or other communication. 

CHAPTER V 

FPROCEDURAL PROVISIONS 

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Article 21 

Committee procedure  

1. The Commission shall be assisted by the Committee for the Common Organisation of the 
Agricultural  Markets  established  by  Article  229  of  Regulation  (EU)  No  1308/2013  of  the 
European  Parliament  and  of  the  Council7.  That  Committee  shall  be  a  committee  within  the 
meaning of Regulation (EU) No 182/2011. 

2. Where reference is made to this paragraph, Article 5 of Regulation (EU) No 182/2011 shall 
apply. 

CHAPTER VI 

FINAL PROVISIONS 

Article 22 

Entry into force and application 

This Regulation shall enter into force on the twentieth day following that of its publication in 
the Official Journal of the European Union. 

It shall apply from [+ 1 year from the adoption]. 

This Regulation shall be binding in its entirety and directly applicable in all Member States. 

Done at Brussels, 

For the European Parliament 
The President 

For the Council 
The President 

7 

Regulation (EU) No  1308/2013 of the European Parliament and of the Council of 17 December 2013 
establishing  a  common  organisation  of  the  markets  in  agricultural  products  and  repealing  Council 
Regulations (EEC) No 922/72, (EEC) No 234/79, (EC) No 1037/2001 and (EC) No 1234/2007 (OJ L 
347, 20.12.2013, p. 671, ELI: http://data.europa.eu/eli/reg/2013/1308/oj). 

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