S.L. 117.42 Art. 1Citation, scope and applicability.

(1) The title of these regulations is the Unfair Trading

Practices in the Food Supply Chain Regulations.

(2) The scope of these regulations is to transpose and implement Directive (EU) 2019/633 of the European Parliament and of the Council of 17 April 2019 on unfair trading practices in business-to-business relationships in the agricultural and food supply chain, as may be in force from time to time.

(3) These regulations shall apply according to sub-regulations (4) and (5), and the responsibilities, functions, obligations and rights provided according to these regulations shall only be applicable accordingly:

Provided that the Board shall consider all complaints received for investigation and in such cases the Board may only issue recommendations:

Provided further that these regulations shall not apply to agreements between suppliers and consumers.

(4) These regulations apply to certain unfair trading practices which occur in relation to the sale of agricultural and food products whenever the supplier and, or buyer is based in Malta, and when such sales are effected by:

(a) suppliers which have an annual turnover not exceeding two million euro (€2,000,000) to buyers which have an annual turnover of more than two million euro (€2,000,000);

(b) suppliers which have an annual turnover of more than two million euro (€2,000,000) and not exceeding ten million euro (€10,000,000) to buyers which have an annual turnover of more than ten million euro (€10,000,000);

(c) suppliers which have an annual turnover of more than ten million euro (€10,000,000) and not exceeding fifty million euro (€50,000,000) to buyers which have an annual turnover of more than fifty million euro (€50,000,000);

(d) suppliers which have an annual turnover of more than fifty million euro (€50,000,000) and not exceeding one hundred and fifty million euro (€150,000,000) to buyers which have an annual turnover of more than one and hundred fifty million euro (€150,000,000); and

(e) suppliers which have an annual turnover of more than one hundred and fifty million euro (€150,000,000) and not exceeding three hundred and fifty million euro (€350,000,000) to buyers which have an annual turnover of more than three hundred and fifty million euro (€350,000,000):

Provided that the annual turnover of the suppliers and buyers referred to in paragraphs (a) to (e) shall be understood in accordance with the relevant parts of the Annex to Commission Recommendation 2003/361/EC of 6 May 2003 concerning the definition of micro, small and medium-sized enterprises and in particular Articles 3, 4 and 6 thereof, including the definitions of "autonomous enterprise", "partner enterprise" and "linked enterprise", and other issues relating to the annual turnover:

Provided further that these regulations shall also apply in relation to sales of agricultural and food products by suppliers which have an annual turnover not exceeding three hundred and fifty million euro (€350,000,000) to all buyers which are public authorities.

(5) These regulations shall also apply to services, insofar as explicitly referred to in regulation 8, provided by the buyer to the supplier.