On 6 August 2026, Commissioner for Agriculture and Food, Mr Hansen, responding to a parliamentary question from S&D MEPs Dario Nardella, Camilla Laureti, and Stefano Bonaccini, acknowledged that the European Commission only became aware of the reported use of electronic double-down reverse auctions by a European central purchasing body through the question itself and related public information. He stated that the Commission currently lacks sufficient information to verify the circumstances of the practice, which involved approximately 15,000 tonnes of processed tomatoes and mainly Italian suppliers, with the contract awarded at a fifth of the starting price. The answer signals that the Commission is preparing a revision of Directive (EU) 2019/633 on unfair trading practices, accompanied by an impact assessment, but declined to comment on the content of ongoing preparatory legislative action.
The question, submitted by the three S&D MEPs, highlighted that such auctions were outlawed in Italy by Legislative Decree No 198/2021, which transposed Directive (EU) 2019/633, because they artificially drive down prices and disproportionately affect the weakest links in the supply chain. The MEPs asked whether the Commission was aware of cross-border central purchasing bodies using these auctions, whether the current regulatory framework—comprising Directive (EU) 2019/633 and Regulation (EU) 2026/697 on law enforcement cooperation—effectively enforces national and European prohibitions for cross-border operators, and whether the proposed revision would include a ban on such auctions to ensure uniform protection for agricultural producers and prevent regulatory arbitrage.
In his answer, Hansen explained that Regulation (EU) 2026/697, adopted on 11 March 2026, covers only rules subject to minimum harmonisation at EU level and does not allow for extraterritorial application of national laws, in line with EU and private international law. He noted that enforcement authorities may cooperate on national laws going beyond the Directive, subject to the Regulation's conditions. He also pointed to the Commission's cooperation with national competition authorities within the European Competition Network to enforce competition rules in the food supply chain.
The answer does not contain concrete proposals or deadlines, but indicates that the revision of Directive (EU) 2019/633 is underway, following the evaluation published in SWD/2025/405. The Commission's stance suggests a cautious approach, balancing the need to address gaps identified in the evaluation with the constraints of ongoing preparatory work. The revision could potentially include measures to address practices like double-down reverse auctions, but the Commission has not committed to a specific timeline or content. Stakeholders, including agricultural producers, particularly in Italy, and cross-border purchasing bodies, will be watching for the impact assessment and the legislative proposal, which could either strengthen protections for producers or maintain flexibility for buyers, depending on the outcome of the review.