The Council of the European Union formally adopted a new Regulation on enforcement cooperation for unfair trading practices in the agri-food supply chain on 3 May 2026. The Regulation establishes a framework for national authorities to work together to enforce the existing Unfair Trading Practices Directive (UTP Directive), concluding the Council's legislative work on this file following a political agreement with the European Parliament.
Mandatory Cooperation and Information Exchange
The adopted Regulation creates a structured system for cross-border cooperation among national enforcement authorities. It obliges national authorities to assist each other upon request in investigations concerning unfair trading practices, particularly in cross-border cases. The Regulation sets out rules and channels for the secure exchange of necessary information and evidence between authorities, and provides a legal basis for coordinated inspections or other enforcement actions. It also includes measures to protect the confidentiality of shared information, including business secrets and the identity of complainants.
Impact on Enforcement and Stakeholders
The adoption significantly strengthens enforcement of the UTP Directive across the EU. By enabling effective cross-border investigations, it addresses a major gap in the existing framework, making it harder for unfair practices to go unchecked in complex, transnational supply chains. The prospect of coordinated enforcement action is likely to have a stronger deterrent effect on large buyers and operators who engage in unfair practices. The Regulation promotes a more uniform application of the rules, reducing enforcement disparities between Member States and contributing to a fairer single market for farmers, small suppliers, and small and medium-sized agri-food businesses. National enforcement authorities will benefit from clearer procedures and legal certainty, while large agri-food buyers face increased scrutiny and compliance costs. The Regulation imposes new administrative obligations on Member States to adapt their national cooperation frameworks, but the overall impact on businesses is expected to be moderate, as the rules primarily target existing unfair practices rather than introducing new substantive obligations.
Next Steps
With the Council's adoption, the ordinary legislative procedure is nearly complete. The act will be signed and published, entering into force 20 days later. Member States will then be required to adapt their national administrative cooperation frameworks accordingly.