Alan Farrell (Dublin Fingal, Fine Gael)
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354. To ask the Minister for Agriculture, Food and the Marine the timeline for the implementation of the EU unfair commercial practices directive; and if he will make a statement on the matter. [37505/20]

Charlie McConalogue (Donegal, Fianna Fail)
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Directive (EU) No. 2019/633 on unfair trading practices in business-to-business relationships in the agricultural and food supply chain (UTP Directive) must be transposed into Irish law by 1 May 2021. This can be done by way of a Statutory Instrument, but any measures that extend beyond the minimum harmonisation requirements of the UTP Directive will require primary legislation.

The Programme for Government includes a commitment to: 

Ensure fairness, equity, and transparency in the food chain by establishing a new authority called the National Food Ombudsman (NFO) to enforce the Unfair Trading Practices Directive. This new authority will enforce EU-wide rules on prohibited unfair trading practices in the food supply chain and will have powers to enforce this Directive, penalising those who breach regulations. The NFO will have a specific role in analysing and reporting on price and market data in Ireland.

My officials are currently drafting a proposal for a Statutory Instrument to directly transpose the UTP Directive as it stands.  In addition, the legal requirements for the establishment of a new Office of a Food Ombudsman or equivalent are also being considered, including the requirement for primary legislation in order to give that Office additional powers beyond those in the UTP Directive.

This new office will be an important step in our commitment to bringing transparency to our food sector.