In a decisive 44–1 vote, AGRI MEPs backed the inclusion of overriding mandatory provisions (OMPs) in the UTP Cross-border Enforcement Regulation — a critical step toward fairer cross-border agri-food trade. Contrary to claims of legal novelty, OMPs are a well-established legal concept under EU law (Rome I) and already embedded in the UTP Directive. They empower Member States to enforce public interest protections — like stronger rules against Unfair Trading Practices — even when a buyer’s contract tries to opt out by choosing a weaker regime. Without explicit recognition of OMPs in the new Regulation, forum shopping will continue to undermine fair competition and enforcement. It’s not about adding new rules — it’s about using the ones we already have to ensure legal consistency and clarity.
