The Ministry proposes to deprive of the suppliers of protection from unregulated payments to retailers

The Ministry proposes to deprive of the suppliers of protection from unregulated payments to retailers


MOSCOW, January 21. /Corr. Maria Dorokhina/. The Ministry of industry and trade of the Russian Federation suggests to deprive of the suppliers of legislative protection against excessive bonuses paid to retail chains. We are talking about suppliers who will not want to participate in the market Council – a self-regulating organization of producers and retailers. This was announced by Deputy Minister of industry and trade of the Russian Federation Victor Evtukhov.

“For suppliers, have not joined the Council of the market, may be canceled guarantees established by the legislation. It comes to terms of payment for supplied products, on conditions of return of delivered food products, the restrictions on additional payments,” said Evtukhov.

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Such a measure, I believe in the Ministry of industry and trade, will encourage suppliers to engage in the field of self-regulation. This, in turn, will allow you to resolve any issues between market players, the dispute informally and will help to avoid excessive legislative regulation of business relations.

“The strict regulation of the law on trade relations, trade businesses and suppliers, in fact, was not required, if there were effective mechanisms of industry self-regulation”, – said the Deputy Minister.

Currently, the law on trade prohibits the counterparties to impose each other certain conditions. So the size of the bonuses paid by manufacturers to retail chains, should not exceed 10% of the delivered goods. In addition, the delayed payment for delivered goods may not exceed certain terms from 10 to 45 days depending on the duration of the shelf life of the product.

Ideas for retail

For retailers that do not want to follow the rules of self-regulation, the Ministry of industry and trade also proposes a number of restrictions under the terms of reference.

“For example, the range of products sold, the mode of operation of the commercial facility, the retail outlets are,” says Evtukhov.

Earlier the Agency had already launched a similar initiative. In particular, it was offered to forbid to sell alcohol or work in weekends and public holidays retailers that have not signed the “Code of good practice” (a document on the regulation of the relationship between retailers and suppliers).

The code was signed in 2012, the Document supplements the responsibility that companies bear in the framework of the law on trade. Signatures under the document were put by representatives of the Association of retail companies /HSE/ which includes the largest Russian retailers Magnit, X5 Retail Group, Dixy, Lenta, O’key and chain stores Auchan and Metro, etc., as well as representatives of associations of manufacturers of consumer goods, including the RusBrand NPO and Rusprodsoyuz.

However, the norms of the code are recommendatory in nature and are often neglected. In April 2014, retailers and suppliers agreed in addition to the supply agreement to conclude agreements that will make the norms of the code obligatory for the parties.

Energy in the example

The Ministry proposes to legislate about trade with a minimal set of provisions on self-regulation in the form of key principles and essential procedures, said Evtukhov. The main provision is the creation of the market Council for example similar self-regulatory organization of the power sector, but taking into account the peculiarities of the trading industry.

“The mechanism of self-regulation in the trade will be distributed in three segments of retail. It comes to large and average network retail, retail trade, and fair trade and market activity”, – said the Deputy head of the Ministry of industry and trade.

According to him, in each of these segments of the trade, you must create one trade Association for all market players, which will be the “core of a General mechanism of self-regulation”. The approach to the introduction of self regulation principles should be the same for all segments of retail. The first step would be to establish such a system in the segment of network trade. It can be done on the basis of the existing “Code of good practice,” said Evtukhov.

The proposal of the Ministry of industry and trade has not yet been sent to interested Federal bodies of Executive power, the Ministry reported. In a press-service of Federal Antimonopoly service (FAS) of Russia has informed that do not participate in the initial development of this project and noted that they would be able to make his assessment after the writing of the bill.