Ten Principles of Fair Trading Practice 3 General Principles 1.Consumer Interests and sustainability 2.Freedom of Contract 3.Fair Dealing 3 General Principles.

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Presentation transcript:

Ten Principles of Fair Trading Practice 3 General Principles 1.Consumer Interests and sustainability 2.Freedom of Contract 3.Fair Dealing 3 General Principles 1.Consumer Interests and sustainability 2.Freedom of Contract 3.Fair Dealing 7 Specific Principles 1.Written agreements 2.Predictability 3.Compliance with agreements 4.Information exchange 5.Confidentiality 6.Responsibility for risk 7.Justifiable request 7 Specific Principles 1.Written agreements 2.Predictability 3.Compliance with agreements 4.Information exchange 5.Confidentiality 6.Responsibility for risk 7.Justifiable request Compliance with applicable laws including competition law

Examples of fair and unfair practice Agreements – written / unwritten General terms and conditions Termination Contractual sanctions Unilateral actions Information Listing fees Threatening business disruption Tying Delivery and reception of goods

The commitments 1 st commitment: Respect the Principles 1 st commitment: Respect the Principles 2nd commitment: Respect the process 2nd commitment: Respect the process 1.Consumer interests and sustainability 2.Freedom of Contract 3.Fair Dealing 4.Written agreements 5.Predictability 6.Compliance with agreements 7.Information exchange 8.Confidentiality 9.Responsibility for risk 10.Justifiable request 1.Consumer interests and sustainability 2.Freedom of Contract 3.Fair Dealing 4.Written agreements 5.Predictability 6.Compliance with agreements 7.Information exchange 8.Confidentiality 9.Responsibility for risk 10.Justifiable request 1. Registration by European CEO 2. Review and monitor compliance with Principles 3. Communicate internally, train staff for compliance 4. Inform business partners 5. Dispute resolution capability 6. Participate in surveys 1. Registration by European CEO 2. Review and monitor compliance with Principles 3. Communicate internally, train staff for compliance 4. Inform business partners 5. Dispute resolution capability 6. Participate in surveys REMEDIES Depend on dispute resolution option REMEDIES Depend on dispute resolution option REMEDIES / SANCTIONS Proportionate and gradual Decided by the Governance Group (Rules of procedure) REMEDIES / SANCTIONS Proportionate and gradual Decided by the Governance Group (Rules of procedure) Monitored by a Governance Group composed of representatives of the stakeholder associations

Consensus Confidentiality Anonymity Legal Compliance Governance Group Annual survey Evaluate the framework Continue or wind up initiative Interpret & develop the Principles Verify Process Commit- ments (Farmers) Brands SMEs Agri- trade Food industry Retail Governance

Aggregated dispute Definition A dispute regarding an alleged serious breach of a Principle introduced by several companies similarly affected. Which level? - Operators in the same country National level - Cross border dimension and cases for which there is no national stakeholder platform in place European level Procedure - Collect the relevant information in a legally compliant manner in order to verify that the complaint has substance - Ensure that interpretation or guidance regarding a principle or example is required - Respect of confidentiality and anonymity

Tools Elearning : Self-assessement

Launch of website

Companies that have already committed to register

Companies who have already committed to register