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Cooperation among enforcement authorities responsible for the enforcement of the Unfair Trading Practices Directive

COD - Ordinary legislative procedure (ex-codecision procedure)2024/0318(COD)Committee: Agriculture and Rural DevelopmentDG: [AGRI] Agriculture and Rural Development

Policy topics

Agriculture (green)Due diligence in supply chains (environmental and human rights)EU policy on farmer–buyer relations in the agri-food supply chainEU restrictions on unfair commercial practicesEU rules on late commercial payments

What this file does

Overview

This analysis covers the legislative file 2024/0318(COD) concerning a Regulation on cooperation among enforcement authorities for unfair trading practices in the agricultural and food supply chain. The file is a Commission proposal aimed at strengthening cross-border enforcement of Directive (EU) 2019/633. The procedure is ongoing, with the European Parliament's first-reading position adopted and the file awaiting final formalities following the Council's adoption. The primary source document analysed is the European Parliament's legislative resolution (P10_TA(2026)0048), which constitutes its formal position. The report overview indicates the Parliament's text is dominant, with only 10 of the 66 total articles retained unchanged from the Commission's proposal; 30 articles were driven by committee consensus and 26 by individual MEPs' amendments.

Legislative timeline

The ordinary legislative procedure has concluded at first reading. The European Parliament adopted its first-reading position on 12 February 2026. Subsequently, the Council approved the Parliament's position and adopted the legislative act on 23 February 2026. The file is now in the adoption and publication phase, pending final formalities such as signature and publication in the Official Journal before entry into force. The institutional calendar notes a forthcoming Council voting result entry scheduled for 3 May 2026, alongside recent Council entries from 25 February 2026 related to the draft and final Regulation.

Institutional handling

The lead committee in the European Parliament is the Committee on Agriculture and Rural Development (AGRI). The initiating European Commission department is the Directorate-General for Agriculture and Rural Development (DG AGRI), under the responsibility of Commissioner Christophe Hansen. Within the Council, the relevant configuration is the Agriculture and Fisheries Council (AGRIFISH).

Stakeholder reactions

Stakeholder engagement on this file has been substantial, with 91 documented meetings held between stakeholders and EU institutions. Of these, 70 were with Members of the European Parliament, 6 with Commissioners, and 15 with European Commission staff. The outreach involved 61 distinct organisations. The most active organisations in these engagements were ILEC - La Voix des marques, FoodDrinkEurope, Association des Centres Distributeurs E.Leclerc, AIM - European Brands Association, and EuroCommerce. On broader regulatory themes tangentially related to the file, some stakeholder positions were recorded: Technology Industries of Finland (represented by Maria Volanen) and Ecommerce Europe expressed support for overall regulatory simplification aimed at reducing costs and red tape. Other recorded positions on topics such as chemical classification and building energy performance are not directly relevant to the substance of this enforcement cooperation file.

Key provisions and EP changes

The European Parliament's position introduces significant modifications to the Commission's proposal. First, the EP committee report (P10_TA(2026)0048) expands the Regulation's scope. While the Commission proposal applied to practices prohibited by Article 3 of Directive 2019/633, the Parliament's text explicitly extends cooperation to cover stricter national rules adopted under Article 9 of that Directive. This change aims to prevent cross-border circumvention and allows Member States with more ambitious rules to seek enforcement assistance in other jurisdictions.

Second, the Parliament has introduced a new procedural requirement for mutual assistance requests. Beyond the Commission's requirement to provide relevant information, the EP text mandates that requests must include a specific legal basis reference, a description of the alleged unfair trading practice, and a precise specification of the information or enforcement measures sought. This formalises the request procedure to potentially streamline processing.

Third, regarding the designation of a coordinator for investigations into widespread unfair trading practices, the Commission's text stated that concerned enforcement authorities shall designate a coordinator. The Parliament's detailed provisions in Chapter III further elaborate this mutual assistance mechanism, setting deadlines (a 90-day deadline for information requests with an optional 30-day extension), rules for partial replies, and procedures for enforcing final decisions like fines or interim measures across borders. The Parliament's text also includes chapters on resources, confidentiality, and evidence, mandating that Member States ensure enforcement authorities have sufficient resources and expertise, and detailing rules for sharing confidential information and protecting trade secrets.

Institutional status

CommissionOngoing
ParliamentProcedure completed
CouncilSecond reading

Official documents (18)

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