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Unfair Trading Practices In Food Supply Chains Regulatory Responses And Institutional Alternatives In The Light Of The New Eu Directive
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Book Synopsis Unfair Trading Practices in Food Supply Chains. Regulatory Responses and Institutional Alternatives in the Light of the New EU Directive by : Fabrizio Cafaggi
Download or read book Unfair Trading Practices in Food Supply Chains. Regulatory Responses and Institutional Alternatives in the Light of the New EU Directive written by Fabrizio Cafaggi and published by . This book was released on 2019 with total page 26 pages. Available in PDF, EPUB and Kindle. Book excerpt: Unfair trade practices (UTPs) can refer to individual firms or, more often, concern the entire chain. The article contends that UTPs in supply chains present specific features; as a consequence, they require specific rules and remedies. Power concentration in food global chains often leads to abuse by shifting risks and costs to weaker contractual partners, who are not necessarily the most efficient actors to control risks and to manage costs related to production and distribution processes. Inappropriate exercise of market and contractual power may bring about inefficient allocation of tasks together with undesirable distributional consequences. A distinction should be made between isolated UTPs, whose effects mostly remain within the bilateral contractual relation, and systemic UTPs, whose effects directly or indirectly spread along the chain. The latter create much more severe consequences, both distributional and exclusionary. By examining the recently adopted EU Directive on UTPs in agri-food chains and its complementarities in respect to private regulation, the authors develop a conceptual framework that might be useful to complement existing and forthcoming regulation at EU and national level with rules reflecting the supply chain dimension of UTPs. More particularly, the authors suggest that both distributional and exclusionary systemic effects should be considered in a) the definition of the practice, (b) the type of prohibition and the extent to which agreed terms may allow the use of some of the practices, (c) the nature and scope of liability of the infringer(s), (d) the use of presumptions concerning the practices' effects, (e) the choice and content of sanctions and remedies. These distinctions fit within the discretionary space allowed to MSs when implementing the directive, making the implementation more effective and consistent with its regulatory goals.
Book Synopsis Unfair Trading Practices Food Supply Chb by : Bert Keirsbilck
Download or read book Unfair Trading Practices Food Supply Chb written by Bert Keirsbilck and published by Intersentia. This book was released on 2020-07-24 with total page 182 pages. Available in PDF, EPUB and Kindle. Book excerpt: There is a wide-spread consensus that UTPs occur throughout the food supply chain. Unfair trading practices (UTPs) can be defined as practices which grossly deviate from good commercial conduct, are contrary to good faith and fair dealing and are unilaterally imposed by one trading partner on its counterparty. Some Member States, such as France, Belgium and the UK, have already adopted legislation specifically prohibiting such practices (in the food and/or non-food supply chain). In addition, various self-regulatory initiatives exist.0In April 2019, the European Parliament and the Council adopted Directive (EU) 2019/633 on unfair trading practices in business-to-business relationships in the agricultural and food supply chain. A Commission Proposal of April 2018 (COM(2018) 173 final) was substantially amended. To improve farmers? and small and medium sized businesses? position in the food supply chain, the Directive bans certain unfair trading practices including late payments for perishable food products; last minute order cancellations; unilateral changes to contracts; refusal to enter into a written contract; returning unsold or wasted products; payment for buyer?s marketing. Each Member State has to designate a competent authority to enforce these rules and these authorities must have the power to both launch investigations and fine operators who break the rules. The Member States now have two years to implement the Directive.00This book compiles the various papers presented at the ?2nd UTP Roundtable? organized by the CONSUMER COMPETITION MARKET (CCM) institute of the KU Leuven on 28 June 2018. It entails a critical analysis of the final text of the EU Directive, the current state of play and the different regulatory options at national level by 2021.
Book Synopsis Agrifood market regulation and contractual relationships in the light of directive (eu) 633/2019 by : Raffaele Torino
Download or read book Agrifood market regulation and contractual relationships in the light of directive (eu) 633/2019 written by Raffaele Torino and published by Roma TrE-Press. This book was released on 2023-10-05 with total page 449 pages. Available in PDF, EPUB and Kindle. Book excerpt: Il volume collettaneo analizza le tematiche connesse alla disciplina dei rapporti tra i diversi attori della filiera agroalimentare alla luce della Direttiva UE 2019/633 “in materia di pratiche commerciali sleali nei rapporti tra imprese nella filiera agricola e alimentare” e della sua attuazione negli Stati membri, nell’ottica della più ampia problematica della disciplina del mercato agroalimentare. In tale prospettiva, nella prima parte del volume la disciplina dei rapporti contrattuali della filiera agroalimentare viene inquadrata nell’ambito della PAC e della disciplina della concorrenza, evidenziandosi altresì le connessioni con altri profili di rilievo; nella seconda parte, l’analisi si concentra sull’attuazione della Direttiva UE 2019/633 nei diversi Stati membri, al fine di evidenziare i punti di forza e le debolezze del mutato quadro normativo europeo. DOI: 10.13134/979-12-5977-231-2
Book Synopsis The Agricultural Law of the EU by : René Barents
Download or read book The Agricultural Law of the EU written by René Barents and published by Kluwer Law International B.V.. This book was released on 2022-05-13 with total page 457 pages. Available in PDF, EPUB and Kindle. Book excerpt: European Monographs Series, Volume 9 This second and much-revised edition of the pre-eminent work on European Union (EU) agricultural law emphasises the sweeping changes that have led to the gradual expansion of the common agricultural policy to encompass the food chain as a whole. Although the new edition’s purpose and methodology remain the same, the author presents a completely new overview of the field as it now exists, including the effects of the latest reform measures up to 2021 and their implications for the future. Imparting in-depth awareness of the multifunctional character of agriculture today – its importance for environmental protection, preservation of biodiversity, public health, mitigation of climate change, and rural development, as well as its international obligations – the book provides matchless insight and clarifications on such critical legal details as the following: analysis of the Green Deal, the Farm to Fork Strategy, and the Biodiversity Strategy for 2030; extensive treatment of the TFEU provisions on agriculture and the impact of international legal instruments; clear and easily accessible treatment of the legislation on market and price policy, competition, and the agri-food chain; thorough analysis of administrative law aspects, in particular, the rights and obligations of operators in the framework of numerous subsidy arrangements and related topics such as sanctions and force majeure; and in-depth treatment of the importance of the general principles of EU law for legal protection. Given that about one-third of the EU’s budget is spent on agriculture – and that European legislation on agriculture is voluminous and complicated and case law is abundant – this well-organised and lucid exposition will be of immeasurable value to any practitioner asked to deal with a case involving agriculture anywhere in the EU. Academics aware of the growing intricacy of the field will welcome the author’s reflections on the meaning and significance of EU agricultural law.
Book Synopsis UNFAIR TRADING PRACTICES IN THE AGRICULTURAL AND FOOD SUPPLY CHAIN by : ELISA. PAREDIS
Download or read book UNFAIR TRADING PRACTICES IN THE AGRICULTURAL AND FOOD SUPPLY CHAIN written by ELISA. PAREDIS and published by . This book was released on 2024 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Missing Dollars written by and published by BRILL. This book was released on 2024-08-08 with total page 319 pages. Available in PDF, EPUB and Kindle. Book excerpt: Illicit financial flows (IFFs) associated with commodity trade erode the tax base of resource-rich developing countries. Efforts to curb IFFs and reform taxation stumble over enhanced North–South tensions but remain crucial to helping poorer countries mobilise domestic resources for development. The 17th volume of International Development Policy examines this key part of the wider agenda to restore trust in the multilateral system, calling for a more transparent, effective and equitable trade and tax framework. Based on a six-year multidisciplinary research project encompassing academic institutions in commodity exporting and trading countries, its 24 authors offer a mix of theoretical and empirical contributions and discuss findings of macro- and micro-level studies. The book sheds new light on issues such as addressing push and pull factors through domestic and international policy measures, the preferences of key stakeholders for short-term fixes versus long-term policy reforms, and prescriptive approaches and other options to address tax base erosion in resource-rich developing countries.
Book Synopsis Regulating and Managing Food Safety in the EU by : Harry Bremmers
Download or read book Regulating and Managing Food Safety in the EU written by Harry Bremmers and published by Springer. This book was released on 2018-08-01 with total page 381 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book analyses EU food law from a regulatory, economic and managerial perspective. It presents an economic assessment of strategies of food safety regulation, and discusses the different regulatory regimes in EU food law. It examines the challenges of food safety in the internal market as well as the regulatory tools that are available. The book’s generic theorising and measurement of regulatory effects is supplemented by detailed analysis of key topics in food markets, such as health claims, enforcement strategies, and induced risk management at the level of the organizations producing food. The regulatory effects discussed in the book range from classical regulatory analysis covering e.g. effects of ex-ante versus ex-post regulation and content-related versus information-related regulation to new regulatory options such as behavioral regulation. The book takes as its premise the idea that economic considerations are basic to the design and functioning of the European food supply arena, and that economic effects consolidate or induce modification of the present legal structures and principles. The assessments, analyses and examination of the various issues presented in the book serve to answer the question of how economic theory and practice can explain and enhance the shaping and modification of the regulatory framework that fosters safe and sustainable food supply chains.
Book Synopsis Food Supply Chains by : Ján Pokrivčák
Download or read book Food Supply Chains written by Ján Pokrivčák and published by . This book was released on 2022 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Regulating food law by : Anna Szajkowska
Download or read book Regulating food law written by Anna Szajkowska and published by BRILL. This book was released on 2023-09-04 with total page 155 pages. Available in PDF, EPUB and Kindle. Book excerpt: Animal cloning, nanotechnology, and genetic modifications are all examples of recent controversies around food regulation where scientific evidence occupies a central position. This book provides a fresh perspective on EU scientific food safety governance by offering a legal insight into risk analysis and the precautionary principle, positioned as general principles of EU food law. To explain what the science-based requirement means in EU multi-level governance, this book places these principles in the legislative dynamics of the EU internal market and the meta-framework of the international trade regime established by the WTO. Numerous examples of the case-law of European Courts show implications of risk analysis and science-based food law for EU and national decision makers, as well as food businesses. This book focuses on the crucial aspects of the risk analysis methodology. It redefines the precautionary principle and clarifies its scope of application. It analyses the extent to which non-scientific factors, such as consumers' risk perception, local traditions or ethical considerations, can be taken into account at national and EU level. This book argues that, compared to EU institutions, the autonomy allocated to national authorities is much more limited, which raises questions about the legitimacy of food safety governance in the EU.
Book Synopsis Comparison of European and US Food Law Regulations in the Context of the Transatlantic Trade and Investment Partnership by : Julia Wilhelms
Download or read book Comparison of European and US Food Law Regulations in the Context of the Transatlantic Trade and Investment Partnership written by Julia Wilhelms and published by GRIN Verlag. This book was released on 2015-01-12 with total page 86 pages. Available in PDF, EPUB and Kindle. Book excerpt: Master's Thesis from the year 2014 in the subject Law - Comparative Legal Systems, Comparative Law, grade: 1,3, University of Bonn, course: Lebensmittelrecht, language: English, abstract: In July 2013, negotiations concerning the Transatlantic Trade and Investment Partnership (TTIP) were initiated. Objective of the negotiations is the generation of a Free Trade Agreement (FTA) between the United States (U.S.) and the European Union (EU) to promote trade by reducing trade barriers, including tariff and non-tariff ones. In order to achieve this goal, several issue barriers have to be addressed, inter alia concerning non-tariff barriers including regulatory differences in the sectors of agriculture and food production. While the U.S. and the EU both have high standards concerning the consumer protection and food safety assessment, differences in the basic principle and implementation persist. Both countries pursue an agreement that follows the respective principles and still provides effective trade stimulation. However, based on the rooted differences in the particular food safety systems, challenges are inevitable. The objective of this study is the presentation of the U.S. and EU food safety system as well as special cases highlighting the differences between both systems in terms of risk assessment, prevention, responses and risk communication. The different factors are analyzed both theoretically and on the basis of practical examples. Additionally, the different matters are described in the context of the TTIP to identify issues that may complicate the negotiations. Possibilities to resolve those issues are discussed and recommendations for positive outcomes given.
Book Synopsis Ensuring Food Safety in the European Union by : Marco Silano
Download or read book Ensuring Food Safety in the European Union written by Marco Silano and published by CRC Press. This book was released on 2020-10-14 with total page 152 pages. Available in PDF, EPUB and Kindle. Book excerpt: It’s not easy to navigate through EU food laws, so this book provides a clear analysis of the relevant EU regulations, making it beneficial to food safety organizations and food industry professionals. Ensuring Food Safety in the European Union provides an overall detailed analysis of the many and complex initiatives implemented by the European Union Institutions since the European Commission adopted on 12 January 2000 the "White Paper on Food Safety" with the objective of defining the policies to improve the level of health protection for the consumers of Europe's food. Achieving the highest standards of food safety in Europe has been a key policy priority for the European Institutions during the past 20 years through the implementation between 2000 and 2019 of many initiatives anticipated in the mentioned White Paper concerning: (i) The establishment of the European Food Safety Authority; (ii) the adoption of new food safety legislations in many domains; and (iii) the adoption of consumer’s mandatory and voluntary information regulations. Features Offers a clear and evolutive view of all relevant procedures and objectives to ensure food safety in European context Up to date presentation of EU relevant regulation and EFSA roles and activities Discusses the basic reasoning underlying the development and objectives of the current approach to food laws The book offers a review of all the available tools and their practical usefulness on food safety at European level and their possible integration. The interest of the European Institutions for food safety policies continues to be very high as shown by the adoption in September 2019 of the EU regulation 1381 to further reinforce and potentiate, among others, EFSA risk assessment. The main target of the book is the food business operators of large and medium enterprises and their consultants. Other interested parties are the authorities competent at national and regional and local level and university teaching professionals in charge of food safety and related courses.
Book Synopsis Pass-through of Unfair Trading Practices in EU Food Supply Chains by :
Download or read book Pass-through of Unfair Trading Practices in EU Food Supply Chains written by and published by . This book was released on 2020 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: This report presents the results of the research project "Pass-Through of Unfair Trading Practices in EU Food Supply Chains: Methodology and Empirical Application". The research was funded by the Joint Research Centre of the European Commission (JRC). The purpose of the project is to design and test a monitoring system of unfair trading practices (UTP) along the agri-food supply chain. The investigation has special focus on assessment of the "pass-through effect", defined as the consequences for the entire supply chain of UTPs adopted in a specific transaction.
Book Synopsis Unfair Trading Practices in the Business-to-business Food Supply Chain by :
Download or read book Unfair Trading Practices in the Business-to-business Food Supply Chain written by and published by . This book was released on 2015 with total page 8 pages. Available in PDF, EPUB and Kindle. Book excerpt: Unfair trade practices imposed by the stronger party to a contract can have a profound impact on the functioning of the market, increasing costs and reducing revenues of the parties that experience them. This background paper reviews unfair trade practices that can appear on any side of the B2B (Business-to-Business ) transaction, in any sector of the market. Recently unfair trading practices have been of particular interest to the EU in relation to food supply chains. Briefing concludes that any consideration concerning possible future action in the area of unfair trading practices must consider a number of issues such as: whether or not legislative action is needed, and if so, what scope and form should it take. However, the key element of any action is to ensure its subsequent effective enforcement.
Book Synopsis Towards Safer Global Food Supply Chains by : Tram T. B. Nguyen
Download or read book Towards Safer Global Food Supply Chains written by Tram T. B. Nguyen and published by Springer Nature. This book was released on 2022-01-29 with total page 128 pages. Available in PDF, EPUB and Kindle. Book excerpt: Implementing a food safety management system (FSMS) is a regulatory requirement for every firm in global food supply chains. At any scale, it could be influenced by many factors since the global food supply chains consist of a large number of stakeholders involved with an enormous variety of structures, the logistics of which will undoubtedly change rapidly, scale-up and diversify continuously. This book contains five chapters that aim to give an in-depth exploration of critical success factors (CSF) for food safety management in global supply chains. To fill the identified research gaps, the authors present empirical evidence from their research to verify critical success factors and their relationships with FSMS. Furthermore, the impact of supplier selection and supply chain relationships on food safety management in global supply chains are explored to identify Best Practice in FSMS implementation. This book will appeal to scholars working in food safety management, supply chain management and the impact of globalisation.
Book Synopsis Foundations of EU Food Law and Policy by : Alberto Alemanno
Download or read book Foundations of EU Food Law and Policy written by Alberto Alemanno and published by Routledge. This book was released on 2016-04-15 with total page 414 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume presents the viewpoints of academics, food lawyers, industry and consumer representatives as well as those of EU policymakers on the first ten years of activity of one of the most prominent European agencies. Its broader purpose, however, is to discuss the future role played by EFSA within the rapidly-evolving area of EU food law and policy. By revisiting and discussing the milestones in the history of EFSA, the collection provides forward-looking views of food leaders and practitioners on the future scientific and regulatory challenges facing the European Union. In particular, by presenting a critical assessment of the agency’s activities within its different areas of work, the book offers readers a set of innovative tools for evaluating policy recommendations and better equips experts and the public to address pressing regulatory issues in this emotive area of law and policy. Despite its celebratory mood, the book’s focus is more about the future than the past of EU food law and policy. Each chapter discusses how EFSA’s role has evolved and identifies what it should have done differently while presenting an overall assessment of how the agency has discharged its mandate.
Book Synopsis Unfair Trading Practices in the Food Chain by : Hanna Schebesta
Download or read book Unfair Trading Practices in the Food Chain written by Hanna Schebesta and published by . This book was released on 2018 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: On 12 April 2018, the European Commission published a Proposal for a directive on unfair trading practices in business-to-business relationships in the food supply chain, COM(2018) 173 final ('UTPD'). Currently, the European Parliament and the Council review the proposal. In this paper, we provide an overview of the issue of Unfair trading practices ('UTPs') in the supply chain, the content of the original proposal and its proposed amendments and subsequently analyze the different proposed regulations from a legal perspective. We show that, despite the fact that the proposal certainly pursues noble goals, it has important flaws and shortcomings: (1) it is questionable whether Art. 43 TFEU is a valid choice as a legal basis as the scope of the proposal targets the entire food sector. Arguably it can hence not be adequately based exclusively on the Common Agricultural Policy ('CAP') instruments legal basis. (2) UTPs rules are complementary to EU competition law, which may send ripples to the overall structure of EU law. The UTPs mentioned cover situations of unequal bargaining power - the focus is on the bilateral power of balance between market participants, as opposed to competition law rules on abuses of dominance that are geared to address practices that have an effect on the overall market. (3) It is unclear why and on which basis the respective practices were chosen and if this static approach allows for sufficient flexibility to also cover other UTPs that might evolve over time. It is, however, likely that the Proposal lays the foundation for a growing area of EU law, which increasingly regulates practices in B2B relationships.
Book Synopsis The Functioning of the Food Supply Chain and Its Effect on Food Prices in the European Union by : Lina Bukeviciute
Download or read book The Functioning of the Food Supply Chain and Its Effect on Food Prices in the European Union written by Lina Bukeviciute and published by . This book was released on 2009 with total page 50 pages. Available in PDF, EPUB and Kindle. Book excerpt: The sharp fluctuations in food price inflation at a time of great uncertainty about the economic outlook have raised questions about the functioning of the European food supply chain. While the observed changes in food prices in EU Member States can be linked to developments in the global demand and supply for agricultural commodities, inefficiencies in the functioning of the food supply chain, in terms of competition and regulation, may have played an important role as well. In particular, an analysis of the transmission mechanisms linking agricultural commodity prices with producer and consumer prices shows that the shock caused by the upsurge in agricultural commodities and energy prices in the second half of 2007 and the first half of 2008 was absorbed differently across EU Member States. Crosscountry differences in the regulatory framework appear to have contributed to this fragmentation of the European Single Market. Moreover, there are indications of differences in the conditions of competition across Member States. Finally, consolidation is taking place throughout the food supply chain. While such consolidation can lead to efficiency gains, it may also worsen the conditions of competition to the detriment of consumers and businesses. Keywords: Food, regulation, market structure, competition, pricing. -- (provided by publisher).
