Today, the Commission is publishing its report summarising the main findings of the first evaluation of the Directive on unfair trading practices (UTPs) in the agricultural and food supply chain. The evaluation results show that, although still in its early years, the Directive is already helping to promote a fairer and more balanced business environment in the agri-food chain across the EU. The evaluation report will feed directly into the Commission’s reflection, as it plans to review the rules on unfair trading practices. This review will assess how to better protect farmers against unfair trading practices and notably to address the situation that they should not be forced to systematically sell their products below production costs.
Main findings
Although the evaluation of the Directive did not yet provide clear conclusions about how effective it is, there are encouraging signs of preventing and combating UTPs, with greater trust in the agri-food chain having contributed to a more responsible business culture. It confirms that the legislation remains relevant for addressing the challenges faced by farmers and small suppliers, who often hold weaker bargaining power in the agri-food chain.
Overall, the number of investigations and enforcement actions by national authorities gradually increased, with more than 4 500 investigations opened between 2021 and 2024. About one third of investigations closed between 2021 and 2024 found an infringement, resulting in 754 cases and €41.9 million in fines between 2022 and 2024, showing an upward trend and growing institutional engagement with UTPs. At the same time, survey data suggest that farmers and suppliers report a low number of UTPs in particular due to continued fear of retaliation. Producer organisations and other supplier organisations, including those from third countries, could play a stronger role in supporting individual suppliers and filing complaints on their behalf. The report also notes that proactive investigations are still underused by national enforcement authorities. At the same time, anonymous tip-offs have proven to be a valuable source, helping national enforcement authorities with investigations. All these findings must be seen in the context of the relatively short period since the Directive has been in force.
The report highlights areas where further progress is needed. Awareness of the Directive among farmers and smaller suppliers and access to information still need to be improved. Cooperation between national enforcement authorities on cross-border cases could be further strengthened. The Commission has already acted on this issue, and its recent proposal, for which political agreement was reached by the co-legislators on 10 November, is a step towards enhancing cross-border enforcement against unfair trading practices.
On efficiency, the evaluation concludes that the costs of implementing the Directive are proportionate to the benefits, especially when considering primary producers and small suppliers.
The evaluation also confirms that the Directive is coherent with other EU interventions, finding no conflicts or inconsistencies, and that it provides EU added value. Even though EU Member States implemented the Directive in different ways, sometimes creating challenges for companies operating across different Member States, farmers and smaller suppliers benefit thanks to the Directive from a minimum level of protection against unfair trading practices harmonised across the Union.
A study carried out by external consultants and published today supported the evaluation of the Directive. It contributed to its evidence base by providing an assessment of the Directive analysing relevant secondary data that were complemented by a differentiated primary data collection in the form of interviews, surveys and focus groups among stakeholders.
Moreover, another external study on regulatory and voluntary schemes for fair agricultural remuneration provides additional contextual insights. Although not directly analysing the Directive itself, it examined national regulatory measures which address pricing practices along the food supply chain introduced by some Member States as well as voluntary schemes developed by private operators aimed at ensuring fair remuneration for farmers. It is also published today.
Next steps
The report summarising the main findings of the evaluation will be shared with the European Parliament, the Council, the European Economic and Social Committee, and the Committee of the Regions.
The report also highlights areas where the UTP framework and its implementation could be further strengthened, including through an update of the Directive. Building on this evaluation, and as announced in President von der Leyen’s 2025 State of the Union address, the Commission intends to review the of the EU’s unfair trading practices legislation.
Background
A key priority for the Commission is to strengthen farmers’ position in the food chain and protect them from unfair trading practices (UTPs), notably to ensure they are not forced to systematically sell their products below production costs.
In the agricultural and food supply chain, large imbalances in bargaining power between buyers and suppliers can lead to unfair trading practices, such as imposing one-sided contractual terms or transferring disproportionate economic risks. To protect farmers and suppliers, Directive 2019/633 on unfair trading practices in business-to-business relationships (the Directive) sets a minimum EU standard against such practices while allowing Member States to maintain or introduce stronger national rules.
The Commission was required to evaluate how effectively Member States were implementing the Directive to tackle unfair trading practices in the agricultural and food supply chain and on how well enforcement authorities cooperate across countries, including suggestions for improving that cooperation where needed. To support the evaluation, the Joint Research Centre (JRC) and the Directorate-General for Agriculture and Rural Development carry out annual surveys across all EU countries.
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