Tackling unjustified territorial supply constraints in the Single Market

48 submissions in the snapshot (31 from organisations), portal total 48. Feedback list on the portal.

6 of 31 organisation submissions analysed; the model reads them as: opposes 1 wants changes 5 25 without readable text, so not analysed.

• foodwatch NGO, BEL; register: Non-governmental organisations, platforms and networks and similar model reads as: wants changes source
  • Adopt a binding legislative instrument rather than relying on self-regulatory codes of conduct.

    foodwatch welcomes the Commission’s intention to tackle unjustified territorial supply constraints (TSCs), but considers that only a binding legislative instrument can be effective.

  • Introduce legislation identifying prohibited practices to clearly outlaw cross-border refusal to supply, resale restrictions, and unjustified price discrimination.

    Legislation identifying prohibited practices: This is the most effective option.

• Retail Ireland Business association, IRL; register: Trade and business associations model reads as: wants changes source
  • Introduce a targeted EU legislative instrument, specifically a Regulation based on Article 114 TFEU, to address unjustified Territorial Supply Constraints.

    The European Commission should introduce a Regulation, based on Article 114 TFEU, to address unjustified Territorial Supply Constraints and improve the functioning of the Single Market.

  • Establish a clear non-discrimination principle ensuring buyers are not subjected to unjustified differences in access to goods based on their location.

    The framework should establish a clear principle that buyers within the EU should not be subject to unjustified differences in access to goods based on their location of establishment.

  • Implement a targeted prohibition of harmful practices that restrict cross-border sourcing without objective justification.

    The Regulation should identify and address specific practices that restrict cross-border sourcing without objective justification, such as:

• Austrian Chamber of Labour (Bundesarbeitskammer - BAK) Other, AUT; register: Trade unions and professional associations model reads as: wants changes source
  • Adopt clear legislation that identifies prohibited territorial supply constraints and establishes deterrent consequences.

    Das gelingt nur mit klaren Rechtsvorschriften, die verbotene Praktiken identifizieren und abschreckende Konsequenzen festlegen.

• Union of Entrepreneurs and Employers Business association, POL; register: Trade and business associations model reads as: wants changes source
  • Ensure that differences in products, packaging, prices, or distribution are not automatically categorized as unjustified Territorial Supply Constraints.

    Differences in products, packaging, prices or distribution should not automatically be considered unjustified TSCs.

  • Conduct a comprehensive impact assessment and clearly define Territorial Supply Constraints before introducing any new regulations.

    Before introducing new regulations, TSCs should be clearly defined and a comprehensive impact assessment should be conducted.

  • Prioritise the harmonisation of national requirements, the reduction of regulatory fragmentation, and the more effective enforcement of existing rules.

    EU action should prioritise the harmonisation of national requirements, more effective enforcement of existing rules and reducing regulatory fragmentation.

• Beiersdorf AG Company, DEU; register: Companies & groups model reads as: wants changes source
  • Conduct a gap analysis to develop a targeted, evidence-based definition of TSCs and identify any enforcement gaps under existing legislation.

    Gap analysis: Develop a targeted, evidence-based definition of TSCs and clearly identify enforcement gaps (if any) under existing legislation.

  • Conduct a thorough impact assessment before proposing any legislation, considering effects on product innovations and variety.

    Impact assessment: Conduct a thorough impact assessment before any legislative proposal, including effects on product innovations and product variety.

  • Ensure that enforcement of rules remains with the Commission and national competition authorities rather than retailers.

    Enforcement: Ensure enforcement remains with the Commission and national competition authorities, not retailers.

• Związek Polskich Przetwórców Mleka Business association, POL; register: Trade and business associations model reads as: opposes source
  • Ensure that legitimate product adaptation and market-specific presentation are not equated with dual quality or restrictions on cross-border trade.

    Products sold under the same brand may still require market-specific presentation, packaging, information or configuration before they can be placed on a given market. Depending on the case, such differentiation may reflect local consumer needs, reduce waste or support market entry, without implying any reduction in product quality or any restriction of cross-border trade, and should therefore not be equated with dual quality.