Revision of EU rules on business-to-business unfair trading practices in the food supply chain

The European Plastics Alliance (Plastalliance) is a pro-European organisation representing players in the plastics industry in the EU (processors, recyclers), companies placing plastic products on the market or packaged in plastic, and structures, including agricultural structures, that have a vital need for plastic in their economic activity.

Filed in French · English published by the European Commission

FMCG supply chains are central to the EU economy, supporting 276bn in intra-EU trade, 182bn in exports, 99bn in annual investment and 4.8 million jobs. They also purchase around 70% of farmers output, meaning downstream trading conditions directly shape upstream income stability, resilience and investment. Unfair trading practices (UTPs) remain widespread and impact the EUs competitiveness.

Freshfel Europe considers that the fresh fruit and vegetables supply chain is functioning based on long-standing and collaborative commercial relationships. While some unfair trading practices may still occur, these appear limited in a sector characterized by mutual dependence and established trust.

The Federació de Viveristes de Catalunya (FVC), representing Catalan nurseriesprofessional growers of live plantswelcomes the opportunity to contribute to the revision of UTPs Directive. FVC fully supports the EUs efforts to promote transparency, fairness, and stability, but stresses that the nursery sectors specific operational realities require distinct treatment.

We are active in the fresh fruit and vegetables (F & V) sector and we have many examples of unfair practices linked to a dominant position of our large retail customers (in France, fewer than 10 retailers for thousands of suppliers for whom they account for 80 % of their turnover). List of examples 1.

Filed in French · English published by the European Commission

The revision of the UTP Directive should at any time be evidence-based and targeted towards reaching the main goal of the directive: the improvement of the income of agricultural producers. In our view it is therefore essential to base the revision on the following key aspects: Scope: should be limited to protect small and medium-sized farmers vis-à-vis their first buyers.

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LTO Nederland is the Dutch Agriculture and Horticulture Organisation, which represents more than 35.000 Dutch farmers and gardeners. LTO welcomes the European Commission’s initiative to revise Directive (EU) 2019/633 on unfair commercial practices in agriculture and horticulture.

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In the context of the revision of Directive (EU) 2019/633, Agricultural Cooperation recommends the following amendments: Affirm the specific nature of the relationship between the cooperative and its members who are co-operators, which cannot be equated with a commercial relationship.

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In a context where pressure is expected to continue, farmers need to have a fair and sufficient income, existing imbalances need to be corrected, the position of farmers needs to be strengthened and they need to be better protected against unfair trading practices.

Filed in Spanish · English published by the European Commission

We would like to take advantage of the opportunity to participate in the consultation process and to comment on the outcome of the European Commission’s evaluation report on the UTP Directive and its further orientation. The UTP Directive was adopted in 2019 and transposed by Member States by 2021.

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The 2019 UTP Directive aimed to protect smaller farmers and processors, but its transposition resulted in significant national divergence and has restricted mutually beneficial agreements. EuroCommerce calls for a limited review to bring coherence and ensure the Directive focuses on improving the situation of small farmers and processors as intended.

Spain is a pioneer in this type of legislation to regulate UTPs in the market and ensure its optimal functioning. We support both Spanish legislation and the EU Directive in this regard. However, based on our experience in Spain and in the market, we must draw attention to its limited scope in relation to certain objectives, especially those that seek profitability and minimum prices for farmers in the market due to…

The EUs Unfair Trading Practices Directive (Directive (EU) 2019/633) was introduced to protect smaller suppliers in the agri-food supply chain, particularly those with a turnover below 350 million from 16 prohibited practices.

On behalf of the European Federation of Pharmacy Chains (EFPC), we welcome the opportunity to contribute to the European Commissions public consultation regarding the revision of EU rules on unfair trading practices in the food supply chain. Please find attached our formal position paper, which outlines our key observations, concerns, and recommendations.

FEEF (Fédération des Entreprises et Entrepreneurs de France) represents French industrial SMEs and mid-caps supplying distribution. In its contribution, the FEEF defends the principle of mandatory differentiation of the framework of commercial relations for suppliers with a consolidated group turnover of less than EUR 350 million. Please find attached the text of our contribution.

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Europes young farmers welcome the announcement of the review of the Unfair Trading Practices Directive in the third trimester of 2026 and the opportunity to provide evidence for effective revision. Building on the evaluation report of the Directive published on December 1st, 2025, CEJA highlights the need of binding instruments in the light of continuous power imbalances across value chains.

Climate change: Growing risk of misharvesting and underharvesting calls for a new regulatory framework. The fruit, vegetable and potato processing industry has been monitoring business conditions between industry and trade for many years.

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the French Egalim law and the many French-French standards prohibit us from trading in Europe in the same way as our European neighbours. We need a system that is the same for all farmers moving to Europe for the same agricultural products.

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The Austrian Farmers’ Association welcomes the evaluation initiated by the European Commission and the planned further development of Directive (EU) 2019/633 on unfair trading practices in the agricultural and food supply chain. The aim of the Directive is to address the imbalance in bargaining power in the agri-food chain.

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Independent Retail Europe welcomes the possibility to comment on the call for evidence on the revision of the Directive on Unfair Trading Practices. As pointed out in the Commissions report on the evaluation of the Directive itself, the short period since completion of the transposition process, coupled with various external shocks and the complexity of isolating the Directives effects, does not allow to draw…

FEBEA brings together and represents more than 300 manufacturing companies (over 80 % of which are SMEs), selling cosmetic products, through a wide range of distribution channels. FEBEA welcomes the European Commissions initiative to review Directive (EU) 2019/633 on unfair trading practices (UTPD) in the agricultural and food supply chain.

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The Austrian Association of Food Crafts would like to express its appreciation for the opportunity to comment on the revision of the UTP Directive. In the attached document, we present the perspective of Austrias food craft producers and outline the key challenges they face within the current supply chain environment.

ACM recognises the key problem identified by the European Commission of the imbalance in bargaining power between buyers and suppliers in the agri-food sector. ACM is of the opinion that the new Regulation facilitates cooperation between Member States and improves the enforcement of the rules of the Directive, especially if this enforcement is cross-border in nature.

Filed in Dutch · English published by the European Commission

Royal FloraHolland, as member of the Association of Dutch Flower Auctions, welcomes the Commissions initiative to assess the impact of a revision of Directive (EU) 2019/633 on unfair trading practices in the agricultural and food supply chain. We also welcome President von der Leyens call to correct existing imbalances in the food chain and to better protect growers against unfair trading practices.

ICMSA welcome the opportunity to give feedback on the Business-to-business unfair trading practices in the food supply chain revision of EU rules. The Irish Creamery and Milk Suppliers Association (ICMSA) is an Irish national farm organisation that represents all farmers, particularly dairy and livestock farmers.

Ensuring Responsible Trading and a Level Playing Field Finland possesses the most concentrated retail trade in Europe. This creates a structural dependency where the food industryregardless of company sizeis tied to a few dominant retailers. To ensure a resilient food chain, contractual relationships must be built on symmet-ric information sharing, fair risk distribution, and effective competition.

The revision of Directive 2019/633 on unfair trading practices (UTPD) should take into account the changes that have occurred in the market in recent years. The ongoing consolidation of retail and the development of international buying alliances have significantly increased buyers bargaining power vis-à-vis suppliers, not only in the agri-food sector, but across the entire consumer goods segment.

Despite the European legislative framework, the dairy sector is suffering from structural imbalances which the current Directive does not make it possible to curb Lasymmetry of bargaining power is no longer merely a question of ‘price’, but an overall strategy of foreclosure of the market by OPLGO processors warns that practices that are officially ‘grey’ or not listed have, through their cumulation, the same…

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The Danish Agriculture & Food Council (DAFC) represents the entire Danish agriculture and food sector, including over 30,000 farmers and around 300 companies across the value chain. DAFC supports free price formation, market orientation, and places strong emphasis on strengthening farmers position.

Finnish Grocery Trade Association would like to share its views regarding the upcoming revision of the EU Directive on unfair trading practices in the agri-food chain (UTP Directive) later in 2026. No further legislation regarding UTPs is needed. The focus should be in diminishing the administrative burden for companies regarding UTP regulation and its varying implementation in different countries.

Copa and Cogeca, founded respectively in 1958 and 1959, form the united voice of farmers and agri-cooperatives in the EU. Copa members represent leading farming unions at national level, speaking for millions of farmers across Europe. Cogeca members represent the interests of the thousands of agricultural cooperatives in Europe.

BVE contribution to the Call for evidence. BVE welcomes the revision of the Unfair Trading Practices (UTPs). Directive in the food chain. The evaluation of the Unfair Trading Practices Directive confirms a structural problem: buyer power in highly concentrated retail markets continues to distort contractual balance across the European food supply chain.

Need to maintain derogatory payment periods for the wine sector Legal context: The Champagne Committee supports the measures set out in Directive (EU) 2019/633 of 17 April 2019 on unfair trading practices in business-to-business relationships in the agricultural and food supply chain.

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CIA Agricoltori Italiani, one of the largest agricultural organisations in Europe, representing Italian farmers and agricultural business owners, welcomes the opportunity to provide feedback on the revision of the directive on unfair trading practices in business-to-business relationships in the agricultural and food supply chain. Please find attached Cia Agricoltori Italiane’s feedback.

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Response by Danske Slagterier SA - Call for evidence - Revision of EU rules on business-to-business unfair trading practices in the food supply chain. The Danske Slagterier SA, which represents the Danish cooperative and private slaughterhouses, welcomes the opportunity to provide comments to the Call for evidence - Revision of EU rules on business-to-business unfair trading practices in the food supply chain.

Ilec (Institut de Liaison des Entreprises de Consommateurs), which represents manufacturers of mass-market branded products in France, fully supports the objectives of the 2019 UTP Directive but considers that its architecture has become insufficient in the face of a major structural transformation: the establishment of transnational alliances between distributors that centralise negotiations at the level of several…

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The European Nurserystock Association (ENA), representing European producers of live plants, welcomes the opportunity to contribute to the revision of EU rules on business-to-business unfair trading practices (UTPs) in the food supply chain.

CLITRAVI, the European Association for the Meat Processing Industry, representing more than 12,000 meat processing companies across 24 EU Member States, Norway, Switzerland and the United Kingdom, welcomes the opportunity to contribute to the Call for Evidence on the revision of the UTP Directive. Please find attached our feedback

Daily Commodity Suppliers (DLF) welcome the Commission’s review of the Directive on unfair trading practices in business-to-business relationships in the agricultural and food supply chain (UTP Directive). The UTP Directive has had a clear normative effect and has contributed to improvements in suppliers’ commercial relations, not least through clear and generally applicable prohibitions such as the rules on payment…

Filed in Swedish · English published by the European Commission

The PFPŻ ZP, as the representative of the food processing sector in Poland, points out that the current legal framework is insufficient in the face of the growing strength of so-called international purchasing alliances. These actors, aggregating the demand of many commercial networks, have become a central point in the supply chain, often controlling market access.

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Fairtrade International welcomes the review of the Directive on Unfair Trading Practices (UTP Directive) in the agricultural and food supply chain. The Directive is an important instrument but needs strengthening to better mitigate the negative effects of power imbalances within the agri-food supply chains. Below is our feedback: 1.

The German Trade Association (HDE) attaches its opinion on the evaluation of the Unfair Trading Practices Directive. The following is an additional response to points A (enforcement/fear factor) and B (performance gap/contribution to economic viability) raised in the consultation.

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Please find enclosed the comments of the Office for the Protection of Competition on the Commission’s initiative: Unfair trading practices in business-to-business relationships in the food supply chain: revision of EU rules. The statement in Czech is accompanied by an unofficial English and German translation.

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Please find full reaction attached. Summary below: VNO-NCW and MKB-Nederland represent large companies and SMEs across all sectors of the Dutch economy, including the agrifood supply chain. Recent Dutch national implementation and EU evaluations show that while the Directive sets clear norms, its practical impact is limited by high reporting thresholds, divergent enforcement and insufficient comparable data.

SMEs form the foundation of the European economy. In the EU, 25.8 million out of 25.85 million enterprises are SMEs, providing almost two-thirds of total employment. The European Commissions review of Directive (EU) 2019/633, which addresses unfair trading practices in business-to-business relationships within the agricultural and food supply chain, is an important step towards better protecting smaller suppliers in…

IFOAM Organics Europe welcomes the revision of the UTP Directive, as the current framework does not adequately protect farmers and other weaker supply chain actors, as also identified by the evaluation report of the European Commission.

The Fair Trade Advocacy Office (FTAO) speaks on behalf of the International Fair Trade movement, which includes over 2 million farmers in 68 countries, and over 300 Fair Trade enterprises. The FTAO welcomes the review of Directive (EU) 2019/633 on unfair trading practices (UTP Directive). The Directive has proven to be an important step toward addressing power imbalances in the food supply chain.

FoodDrinkEurope welcomes the revision of the Unfair Trading Practices (UTPs) Directive in the food chain. FoodDrinkEuropes State of the Industry 2026 survey signals a broad weakening of optimism across the food and drink industry with only 13% of companies reporting improved business conditions over the past year.

FoodServiceEurope believes that fostering fair contractual relations amongst all actors in the supply chain is essential to provide high-quality, safe and affordable food to consumers. The contract catering sector therefore supports balanced and proportionate initiatives aimed at preventing unfair trading practices and strengthening legal certainty across the agri-food chain.

ECVC welcomes this revision as a crucial opportunity to address structural weaknesses in the food sector and strengthen farmers' position. The evaluation makes one point clear: current legislation fails to provide sufficient protection for farmers. Action is needed, particularly to address the situation whereby farmers are forced to systematically sell below production costs.

Oxfam welcomes the review of the Directive on Unfair Trading Practices in the agricultural and food supply chain as a timely opportunity to strengthen an instrument that has already proven valuable in addressing power imbalances in the agri-food supply chain, but whose full potential remains untapped. 1) The most severe UTP remains out of the Directive's scope.

The Nordic food retail markets are among the most concentrated in Europe. In 2024, the top two retailers account for 75% of the market in Sweden, 82.5% in Finland, 72.7% in Norway and 64.6% in Denmark. In several countries, the top three or four actors control over 90% of the market.

COAG welcomes the revision of the Unfair Trading Practices Directive as a crucial opportunity to address the structural weaknesses of the food sector and strengthen farmers’ position in the value chain. The Commission’s evaluation of December 2025 makes it clear that the current legislation still does not provide sufficient protection for farmers.

Filed in Spanish · English published by the European Commission

The 350 million threshold must be removed. Unfair trading practices by retailers not only affect their direct suppliers. They have indirect effects that trickle down through the supply chain all the way to farmers. Our survey shows that 9 out of 10 suppliers, both small and large, suffer from UTPs. Unfair is unfair. An unfair practice does not suddenly become fair towards a mid-size or large company.

Following the publication of the European Commission’s first devaluation report on the application of Directive 2019/633 and the opening of the call for evidence on unfair commercial practices, Agri Ouest Europe wishes to comment on certain findings of the report and propose amendments with a view to the revision of the directive scheduled for 2026.

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Response ECVC welcomes the UTP Directive revision as a crucial opportunity to address structural weaknesses in the food sector and strengthen farmers' position in the value chain. The Commission's December 2025 evaluation makes one point clear: current legislation still fails to provide sufficient protection for farmers.

The ZUČM supports the revision of Directive (EU) 2019/633 to strengthen the economic viability of farmers and small suppliers and to address the persisting power imbalances in the food supply chain. Past practice confirms that the current framework provides only minimal protection and fails to address the structural pressures that have weakened producers in the long term, especially in the fresh and fast-moving food…

Filed in Czech · English published by the European Commission

Assomela supports the revision of EU rules on unfair trading practices (UTPs) with the objective of improving fair competition and strengthening the economic sustainability of agricultural producers, particularly small and medium-sized farms, which are structurally weaker in contractual relationships and negotiations

The main unfair commercial practice that we have found and tried, as far as possible, to combat over the years is the purchase of PDO products by GDO plants using the double downward online auction mechanism. This practice causes damage not only to the producers involved, but to the entire protected designation chain.

Filed in Italian · English published by the European Commission

Our Association welcomes this process of revision of Directive 2019/633. In recent years, some companies in our industry have observed or experienced that, on certain occasions, contracts are amended by distributors and in some cases they have to bear the cost of complaints from distribution customers or the supplier is charged with promotion or advertising costs not agreed in advance.

Filed in Spanish · English published by the European Commission

Our company is active in the production of dairy products, including cheeses, in Poland. Production is based on the purchase of milk in Poland. For almost 30 years, we have been working with customers (distribution networks and wholesalers) on the basis of local contracts. The emergence of alliances of trade networks with Europe has caused great confusion in our cooperation.

Filed in Polish · English published by the European Commission

The Slovak Association for Branded Products welcomes the European Commission’s initiative to revise the Unfair Commercial Practices Directive (UTP) as market developments, in particular the growth of trader concentration and the emergence of European purchasing alliances, have fundamentally changed the bargaining balance in supplier-customer relationships.

Filed in Slovak · English published by the European Commission

We welcome the initiative for an impact assessment for the upcoming revision. The aim of the legislation is to protect entities (e.g. farmers) in the food supply chain against unfair practices used by more powerful buyers. The evaluation report of the EC provides clear evidence of effectiveness that since the implementation of the directive UTP moved the food supply chain in a positive way. E.g.

We welcome the Commission's intention to revise the Unfair Trading Practices directive. The current rules provide insufficient protection, in particular, for small and medium-size agricultural and food enterprises, which are often dependent on sale of their products throughout several oligopolistic retail chains.

Unfair trading practices in the agricultural and food supply chain pose a serious systemic threat to the existence of small and medium-sized food businesses. Large retail chains have long used their dominant market position to offer food products in promotional offers at prices below their purchase prices.

Filed in Czech · English published by the European Commission

This position paper is based on input received from Pimec members of agroindustry sector. Pimec is the most representative organisation of small and medium-sized enterprises in Catalonia and a full member of SMEunited. It brings together more than 300 guilds and sectoral associations, as well as individual companies.

We see that trade chains require producers to make specific supplies in packaging from a specific packaging supplier (a specific company). Packaging from another supplier is considered as one-off although it meets all requirements (except for the supplier’s company name). Packaging suppliers then increase prices by different charges.

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Fairtrade Deutschland welcomes the review of the Directive on unfair trading practices in the agricultural and food supply chain as an opportunity to strengthen an instrument that has already demonstrated its relevance in mitigating the negative effects of power imbalances, but whose potential has not yet been fully realised.

High concentration in downstream stages makes effective control of buyer power indispensable. UTP rules usefully complement general antitrust because they provide clear, concrete prohibitions that are easier to apply in practiceincluding in contract negotiations.

The Milchverband Österreich welcomes the evaluation and further development of Directive (EU) 2019/633 on unfair trading practices (hereafter referred to as Directive (EU) 2019/633 on unfair trading practices). The Directive aims to address the imbalance in bargaining power within the agri-food chain, in particular between suppliers and the retail sector.

Filed in German · English published by the European Commission

From our experience in sustainable supply chains, the revision of the UTP Directive is essential to ensure that agricultural sustainability is economically viable. A key priority is strengthening the deterrent effect of the Directive. Enforcement currently results mainly in administrative fines, without guaranteeing compensation to affected suppliers.

Fern welcomes the review of the Directive on unfair trading practices in the agricultural and food supply chain as an opportunity to strengthen protections for small farmers. We have extensive experience monitoring the cocoa sector, which consist mostly of production by small farmers; these small farmers systematically and constantly experience abusive trading practices from their buyers.

The Horizon Europe project BEATLES (Co-creating Behavioural Change Towards Climate-Smart Food Systems, 2022-2026), welcomes the European Commissions initiative to revise Directive (EU) 2019/633 on unfair trading practices (UTPs) in the agricultural and food supply chain.

Contribution to the evaluation and further development of Directive (EU) 2019/633 on unfair trading practices (UTPs) Directive (EU) 2019/633 was a necessary step towards fairer functioning of the agri-food supply chain. Practical experience now calls for continued impact assessment and targeted legislative strengthening to prevent circumvention and address persistent power imbalances.

Many of the AöL members are affected by unfair trading practices in their business relationships. The degree to which small and medium-sized enterprises (SMEs) at the producer level play a relevant intermediary role in food pricing. Market concentrations, wherever they occur, always lead to imbalances and the risk of a deterioration in the economic quality of life. From both food producers and farmers.

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UTP does not sufficiently protect companies against unfair practices by international purchasing or service centres such as Everest/Epic, Concordis, Eurelec/Copernic and Vasco regardless of the size of the company.

Filed in French · English published by the European Commission

The UTP Directive is a step in the right direction, but further improvements are needed to protect farmers and ensure fair prices. (1) Add buying below the cost of sustainable production to the UTP blacklist. Farmers hold little power in the food value chain and are often forced to accept unfair terms or risk losing buyers or letting perishables go to waste.

As an association of fair trade in Germany, we stand up for small producers worldwide. Both they and smaller producers, such as Fair Trade companies, are significantly affected by power imbalances in highly concentrated agri-food supply chains. The UTP Directive is an important tool to strengthen its negotiating position. We share the European Commission’s assessment that the Directive has had positive effects.

Filed in German · English published by the European Commission

The European Milk Board (EMB) and its member organisations welcome the revision of Directive (EU) 2019/633 on unfair trading practices (UTPs) in the agricultural and food supply chain. From the perspective of dairy producers across Europe, the current rules are an important first step, but they remain insufficient to ensure fair market conditions and viable farm incomes. 1.

As the umbrella organisation for Raiffeisen cooperatives in Austria, the Austrian Raiffeisen Association welcomes the evaluation and further development of Directive (EU) 2019/633 on unfair trading practices (hereinafter referred to as the Directive) planned for the third quarter of 2026, and wishes to comment on the project in the Annex.

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The German Raiffeisen Association (DRV) first notes that the Directive (EU) 2019/633 on unfair trading practices in the agricultural and food supply chain (UTP Directive) has proven effective in practice and thanks the EU commission for the opportunity to provide further details and assessment.

This contribution proposes measures to strengthen the fight against Unfair Trade Practices (UTP) in the European agri-food sector. Despite the enactment of Directive (EU) 2019/633, implementation difficulties have emerged, in particular with regard to cross-border commercial practices and the lack of effective coordination between national competent authorities.

Filed in Italian · English published by the European Commission

A subsidiary of a large company but ETI at local level, we are caught between significant upfront inflation and a structural return on our costs (wages, packaging) and very strong pressure on prices in international negotiations at both central purchasing and service level, sometimes without consideration for the amount granted. These international negotiations currently concern 60 % of our MB.

Filed in French · English published by the European Commission

Union of Unions’ comments on Call for Data Ares (2025) 10746149 Unfair Commercial Practices in the Food Supply Chain Union of Farmers’ Unions (TR ID 643875852019-50) Union of Unions welcomes the revision of Directive (EU) 2019/633, as experience since its entry into force shows that, despite some progress, structural imbalances persist in the agri-food supply chain that continue to seriously compromise the economic…

Filed in Spanish · English published by the European Commission

The processing industry alone employs around 1.120.000 people in Germany (around 640.000 in the food industry and around 480.000 in the food processing industry) who are affected by this supermarket power: they experience price pressure from the LEH as a pressure on their wages and working conditions. This is all the more true for employees who are not covered by collective agreements.

Filed in German · English published by the European Commission

For FUGEA, a Belgian agricultural union which is a member of European Coordination Via Campesina. 1. Purchasing below production costs must be included in the blacklist of unfair trading practices. With temporary exceptions for certain perishable goods. 2. The calculation of production costs must take into account the work of farmers with a decent income above the statutory minimum income.

Filed in French · English published by the European Commission

Οι αθέμιτες εμπορικές πρακτικές μεταξύ επιχειρήσεων (Business-to-Business Unfair Trading Practices) στην εφοδιαστική αλυσίδα των τροφίμων αποτελούν κρίσιμο ρυθμιστικό ζήτημα για τη διασφάλιση της βιωσιμότητας των αγροτικών και πρωτογενών επιχειρήσεων.

Big international retail buyers are by passing local supply in favor of price. They can bully or just completely ignore smaller suppliers in the supply chain. This puts diversity of supply at risk and in turn our whole food supply security as both buyers and suppliers have to be large organizations just to exist.