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dossier COM(2024)577 - .
document COM(2024)577
datum 10 december 2024


Article 1
Amendments to Regulation (EU) No 1308/2013

Regulation (EU) No 1308/2013 is amended as follows:


(1) In Part II, Title II, Chapter I, Section 1, the following subsection is inserted after Subsection 3:


‘Subsection 3a 

Use of optional terms for products in all sectors listed in Article 1(2)

   

Article 88a   

Optional terms for commercial modalities 


1. The terms ‘fair’, ‘equitable’ or terms equivalent to these terms may be used only, alone or in combination with other terms, on the labelling, in the presentation, on advertising material or on commercial documents of a product of the sectors listed in Article 1(2) that is placed on the market, provided that these terms are used to inform purchasers about existing modalities for the organisation of production, distribution, or placing on the market, which contribute at least to:  


(a) stability and transparency in the relations of farmers with purchasers along the supply chain, 

(b) a price considered equitable by participating farmers for their products, and  

(c) collective initiatives pursuing one or several of the United Nations Sustainable Development Goals.


2. The term ‘short supply chain’ may be used only, alone or in combination with other terms, on the labelling, in the presentation, on advertising material or on commercial documents of a product of the sectors listed in Article 1(2) that is placed on the market, provided that the term is used to inform purchasers about existing modalities for the organisation of production, distribution, or placing on the market, which provide for:   


(a) a direct connection between the farmer and the final consumer of the product, or  

(b) a close connection and geographical proximity between the farmer and the final consumer of the product.


3. The Commission may adopt implementing acts to specify further the conditions referred to in paragraph 1, points (a), (b) and (c), and in paragraph 2, points (a) and (b), taking into account any relevant international standard. 


Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 229(2). 


4. The Commission is empowered to adopt delegated acts in accordance with Article 227, amending paragraph 1 to add terms that are equivalent to the terms ‘fair’ or ‘equitable’, when such equivalent terms are used on the market to inform purchasers about the commercial modalities referred to in paragraph 1.


5. Member States may adopt or maintain national rules laying down conditions additional to those referred to in paragraph 1, points (a), (b) and (c) and in paragraph 2, points (a) and (b), for the use of the terms referred to in paragraphs 1 and 2 respectively. Such rules shall not prohibit, restrict or impede the use of the terms referred to in paragraphs 1 and 2 for products that are legally produced or marketed in another Member State under the terms referred to in paragraphs 1 and 2.

6. This Article shall be without prejudice to the rules laid down in Regulation (EU) No 1169/2011.’;  


(2) Article 148 is replaced by the following:

‘Article 148

Contractual relations in the milk and milk products sector


1. Every delivery in the Union of milk and milk products by a farmer, a producer organisation or an association of producer organisations, to a processor, collector, distributor or retailer shall be covered by a written contract between the parties.

Such contract shall fulfil the conditions laid down in paragraphs 4 and 8.

For the purposes of this Article, a 'collector' means an undertaking that transports raw milk from a farmer or another collector to a processor of raw milk or another collector, where the ownership of the raw milk is transferred in each case.

2. Member States may also decide that:

a) the delivery of milk and milk products by a producer other than a farmer, a producer organisation or an association of producer organisations to a processor, collector, distributor or retailer shall be covered by a written contract;

b) the first purchasers of milk and milk products shall make a written offer for a contract for the delivery of milk and milk products by the farmer, a producer organisation or an association of producer organisations.


Such a contract or offer for a contract shall fulfil the conditions laid down in paragraphs 4 and 8.


3. Member States shall establish a mediation mechanism to cover cases in which there is no mutual agreement to conclude a contract referred to in paragraphs 1 and 2 or to revise such a contract.

Member States shall inform the Commission of the mediation mechanisms established in their territory.


4. The contract or the offer for a contract referred to in paragraphs 1 and 2 shall:

(a) be made in advance of the delivery,

(b) be made in writing, and

(c) include, in particular, the following elements:

(i) the price payable for the delivery, which shall:

- be static and set out in the contract; or

- be calculated by combining various factors set out in the contract, which shall include objective indicators, indices or methods of calculation of the final price, that are easily accessible and comprehensible and that reflect changes in market conditions and production costs, the quantities delivered and the quality or composition of the milk and milk products delivered. To that effect, Member States may determine indicators, in accordance with objective criteria based on studies carried out on production and the food supply chain. The parties to the contracts shall be free to refer to these indicators or any other indicators;

(ii) the volume of raw milk or the quality and quantity of milk or milk products to be delivered, and the timing of such deliveries;

(iii) the duration of the contract, which may include a definite duration or an indefinite duration with a termination clause. In the case of a contract with a minimum duration longer than six months, the contract shall include a revision clause that may be triggered by the farmer, a producer organisation or an association of producer organisations;

(iv) details regarding payment periods and procedures;

(v) arrangements for collecting or delivering milk or milk products; and

(vi) rules applicable in the event of force majeure.


5. By way of derogation from paragraphs 1 and 2, a written contract or a written offer for a contract shall not be required in the following cases:

(a) the milk or the milk products concerned are delivered by a member of a producer organisation or cooperative to the producer organisation or cooperative of which it is a member provided that the statutes of that producer organisation or cooperative or the rules and decisions provided for in, or derived from, these statutes contain provisions having similar effects to the provisions set out in paragraph 4;

(b) the first purchaser of milk or milk products is a micro or small-sized enterprise within the meaning of Recommendation 2003/361/EC10;

(c) the delivery and the payment for the milk or milk products take place simultaneously;

(d) the delivery is made for free or in the context of the disposal of milk or milk products which are no longer fit for sale.

6. Member States may decide that a written contract or a written offer shall not be required in one or more of the following cases:

(a) the delivery concerns products of a value equal to or below a threshold to be determined by the Member State, which shall not exceed EUR 10 000;

(b) the delivery concerns milk and milk products that are subject to seasonal supply or demand fluctuations or perishability;

(c) the delivery concerns milk and milk products that are subject to traditional or customary selling practices.

7. Where pursuant to paragraph 5, points (b), (c) and (d), or paragraph 6, a written contract or a written offer for a contract is not required, a farmer, a producer organisation, or an association of producer organisations may require that a delivery of milk or milk products be the subject of a written contract or of a written offer for a contract. Such a contract or offer for a contract shall fulfil the conditions laid down in paragraph 4 and paragraph 8, first subparagraph.

8. All elements of contracts for the delivery of milk or milk products concluded between farmers, producer organisations or associations of producer organisations and collectors, processors, distributors or retailers, including the elements and their components referred to in paragraph 4, point (c), shall be freely negotiated between the parties.

Member States may establish one or more of the following:

(a) in respect of the written contracts referred to in paragraph 1 of this Article:

(i) an obligation for the parties to agree on a relationship between a given quantity of milk or milk products delivered and the price payable for that delivery;

(ii) a minimum duration which shall be at least six months and shall not impair the proper functioning of the internal market;

(b) in respect of the written offers referred to in paragraph 2, point (b), an obligation that the written offer shall include a minimum duration for the contract, set by national law. Such a minimum duration shall be at least six months and shall not impair the proper functioning of the internal market.

Farmers, producer organisations or associations of producer organisations may refuse in writing the minimum duration imposed pursuant to the second sub-paragraph.

9. Member States may require the purchaser of milk or milk products to register the written contracts referred to in paragraph 1 prior to the delivery of the milk or milk products concerned by the farmer, a producer organisation or an association of producer organisations to a collector, processor, distributor or retailer in their territory.

10. Member States that make use of the options referred to in paragraphs 2, 6, 8 and 9 shall notify the Commission of how they are applied.

11. The Commission may adopt implementing acts laying down measures necessary for the uniform application of paragraphs 4 and 5 and measures relating to notifications to be made by the Member States in accordance with paragraph 10. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 229(2).’;


(3) Article 152 is amended as follows:


(a) paragraph 1 is amended as follows:

(i) point (a) is replaced by the following:

‘(a) are constituted by producers in one or several sectors listed in Article 1(2) or by producers of organic products in one or several sectors listed in Article 1(2), and are controlled by farmer members, in accordance with Article 153(2), point (c);’;


(ii) in point (b), the introductory sentence is replaced by the following:

‘(b) are formed on the initiative of farmers and carry out at least one of the following activities:’;


(iii) point (c)(vi) is replaced by the following:

‘(vi) promoting and providing technical assistance for the use of production standards, improving product quality and developing products with a protected designation of origin, with a protected geographical indication or covered by a national quality label, carrying out initiatives promoting short supply chains or the use of the optional terms referred to in Article 88a;’;


(b) in paragraph 1a, the first subparagraph is replaced by the following:


‘1a. By way of derogation from Article 101(1) TFEU, a producer organisation recognised under paragraph 1 of this Article, or a producer organisation, including a cooperative, that has not been recognised as a producer organisation by a Member State, but meets the requirements set out in paragraph 1 of this Article and of Article 154, may plan production, optimise the production costs, place on the market and negotiate contracts for the supply of agricultural products, on behalf of its members for all or part of their total production.’;


(c) in paragraph 1b, the following second subparagraph is inserted:


‘By way of derogation from paragraph 1a and the first subparagraph, an association of producer organisations recognised under Article 156(1) may also carry out the activities referred to in paragraph 1a, first subparagraph, provided that:

(a) its members have been recognised in accordance with paragraph 1 of this Article,

(b) its members are not members of another recognised association of producer organisations for any given product,

(c) its members comply with the conditions of paragraph 1a, second subparagraph, points (a) and (b),

(d) the volume of products covered by the activities referred to in the first subparagraph of paragraph 1a does not exceed 33% of the total national production of any given Member State.’;

(4) Article 153 is amended as follows:


(a) in paragraph 2, point (c) is replaced by the following:


‘(c) rules enabling the farmer members to scrutinise democratically their organisation and its decisions as well as its accounts and budgets;’;


(b) paragraph 2a is replaced by the following:


‘2a. The statutes of a producer organisation may provide for the possibility of members being in direct contact with purchasers, provided that such direct contact does not jeopardise the objectives pursued by the producer organisation, or the concentration of supply and placing of products on the market by the producer organisation. Concentration of supply shall be deemed to have been ensured if the essential elements of the sales such as price, quality and volume are negotiated and determined by the producer organisation.’;


(c) paragraph 3 is replaced by the following:


‘3. Paragraphs 1 and 2 shall not apply to producer organisations in the milk and milk products sector.’;


(5) in Article 157(1), point (c), the following point is added:


‘(xvii) promoting the use of the optional terms referred to in Article 88a.’;


(6) Article 168 is replaced by the following:


‘Article 168

Contractual relations


1. Every delivery in the Union of agricultural products from a sector listed in Article 1(2), other than milk and milk products and sugar, by a farmer, a producer organisation or an association of producer organisations to a processor, distributor or retailer, shall be covered by a written contract between the parties.

Such contract shall fulfil the conditions laid down in paragraphs 4 and 8.

2. Member States may also decide that:

(a) the delivery of agricultural products by a producer other than a farmer, a producer organisation or an association of producer organisations to a processor, distributor or retailer shall be covered by a written contract,

(b) the first purchaser of the agricultural product shall make a written offer for a contract for the delivery of agricultural products by the farmer, a producer organisation or an associations of producer organisations.

Such a contract or offer for a contract shall fulfil the conditions laid down in paragraphs 4 and 8.

3. Member States shall establish a mediation mechanism to cover cases in which there is no agreement to conclude such a contract referred to in paragraphs 1 and 2 or to revise such a contract.

Member States shall inform the Commission about the mediation mechanisms established in their territory.

4. The contract or the offer for a contract referred to in paragraphs 1 and 2 shall:

(a) be made in advance of the delivery,

(b) be made in writing, and

(c) include, in particular, the following elements:

(i) the price payable for the delivery, which shall:

- be static and set out in the contract or

- be calculated by combining various factors set out in the contract, which shall include objective indicators, indices or methods of calculation of the final price, that are easily accessible and comprehensible and that reflect changes in market conditions and production costs, the quantities delivered and the quality or composition of the agricultural products delivered; to that effect, Member States may determine indicators, in accordance with objective criteria based on studies carried out on production and the food supply chain. The parties to the contracts shall be free to refer to these indicators or any other indicators which they deem relevant.

(ii) the quantity and quality of the agricultural products concerned which may or must be delivered and the timing of such deliveries,

(iii) the duration of the contract, which may include either a definite duration or an indefinite duration with a termination clause. In the case of contracts with a minimum duration longer than six months, the contract shall also include a revision clause that may be triggered, in particular, by the farmer, a producer organisation or an association of producer organisations;

(iv) details regarding payment periods and procedures,

(v) arrangements for collecting or delivering the agricultural products,

(vi) rules applicable in the event of force majeure.

5. By way of derogation from paragraphs 1 and 2, a written contract or a written offer for a contract shall not be required in the following cases:

(a) The agricultural products concerned are delivered by a member of a producer organisation or cooperative to the producer organisation or cooperative of which they are a member provided that the statutes of that producer organisation or cooperative or the rules and decisions provided for in, or derived from, these statutes contain provisions having similar effects to the provisions set out in points (a), (b) and (c) of paragraph 4;

(b) the first purchaser of the agricultural products concerned is a micro or small-sized enterprise within the meaning of Recommendation 2003/361/EC;

(c) the delivery and payment of the agricultural products concerned take place simultaneously;

(d) the delivery is made for free or in the context of the disposal of -products which are no longer fit for sale.

6. Member States may decide that a written contract or a written offer shall not be required in one or more of the following cases:

(a) the delivery concerns products of a value equal to or below a certain threshold of value to be determined by the Member State, and which shall not exceed EUR 10 000;

(b) the delivery concerns agricultural products that are subject to seasonal supply or demand fluctuations or perishability;

(c) the delivery concerns agricultural products that are subject to traditional or customary selling practices.

7. Where pursuant to paragraph 5, points (b), (c) and (d), or paragraph 6, a written contract or a written offer for a contract is not required, a farmer, a producer organisation or an association of producer organisations, may require that any delivery of agricultural products to a processor, distributor or retailer be the subject of a written contract between the parties or of a written offer for a contract. Such a contract or offer for a contract shall fulfil the conditions laid down in paragraph 4 and paragraph 8, first subparagraph.

8. All elements of contracts for the delivery of agricultural products concluded between farmers, producer organisations or association of producer organisations, and processors, distributors, or retailers including those elements and their components referred to in paragraph 4, point (c), shall be freely negotiated between the parties.

Member States may establish one or more of the following:

(a) in respect of the written contracts referred to in paragraph 1 of this Article, a Member State may establish:

(i) an obligation for the parties to agree on a relationship between the given quantity of agricultural products delivered and the price payable for that delivery;

(ii) a minimum duration, which shall be at least six months and shall not impair the proper functioning of the internal market;

(b) in respect of the written offers referred to in point (b) of paragraph 2, an obligation that the written offer shall include a minimum duration for the contract, set by national law for this purpose. Such a minimum duration shall be at least six months and shall not impair the proper functioning of the internal market.

Farmers, producer organisations or associations of producer organisations may refuse in writing the minimum duration imposed pursuant to the second sub-paragraph.

9. Member States may require the purchaser of agricultural products to register the written contracts referred to in paragraph 1 prior to the delivery of the agricultural products concerned by the farmer, a producer organisation, or an association of producer organisations to a processor, distributor or retailer in their territory.

10. Member States that make use of the options referred to in paragraphs 2, 6, 8 and 9 shall notify the Commission of how they are applied.

11. The Commission may adopt implementing acts laying down measures necessary for the uniform application of paragraphs 4 and 5 and measures relating to notifications to be made by the Member States in accordance with paragraph 10. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 229(2).’;


(7) Article 210a is amended as follows:

(a) in paragraph 3, the following points are added:

‘(d) supporting the economic viability of small farms predominantly relying on family labour with a standard output as defined in Article 2, point (8), of Council Regulation (EC) No 1217/200911 that shall not exceed 100 000 EUR;

(e) attracting and supporting young producers of agricultural products; or

(f) improving working and safety conditions in agricultural or processing activities.’;


(b) paragraph 6 is replaced by the following:


‘From 8 December 2023, producers as referred to in paragraph 1 may request an opinion from the Commission concerning the compatibility of agreements, decisions and concerted practices as referred to in paragraph 1 with regard to the implementation of sustainability standards aiming to contribute to one or more of the objectives laid down in paragraph 3, points (a), (b) and (c), with this Article.

From [entry into force +2 years], producers as referred to in paragraph 1 may request an opinion from the Commission concerning the compatibility of agreements, decisions and concerted practices as referred to in paragraph 1 with regard to the implementation of sustainability standards aiming to contribute to one or more of the objectives laid down in paragraph 3, points (d), (e) and (f), with this Article.

The Commission shall send the applicant its opinion within four months of receipt of a complete request.

If the Commission finds at any time after issuing an opinion that the conditions referred to in paragraphs 1, 3 and 7 of this Article are no longer met, it shall declare that Article 101(1) TFEU shall apply in the future to the agreement, decision or concerted practice in question and inform the producers accordingly.

The Commission may change the content of an opinion at its own initiative or at the request of a Member State, in particular if the applicant has provided inaccurate information or misused the opinion.’;


(8) in Article 222, paragraph 1 is replaced by the following:


‘1. During periods of severe imbalance in markets, the Commission may adopt implementing acts to the effect that Article 101(1) TFEU is not to apply to agreements and decisions of farmers, farmers' associations, or associations of such associations, or recognised producer organisations, associations of recognised producer organisations and recognised interbranch organisations in any of the sectors referred to in Article 1(2) of this Regulation, provided that such agreements and decisions do not undermine the proper functioning of the internal market, strictly aim to stabilise the sector concerned and fall under one or more of the following categories:


(a) market withdrawal or free distribution of their products;

(b) transformation and processing;

(c) storage by private operators;

(d) joint promotion measures;

(e) agreements on quality requirements;

(f) joint purchasing of inputs necessary to combat the spread of pests and diseases in animals and plants in the Union or of inputs necessary to address the effects of natural disasters in the Union;

(g) temporary planning of production taking into account the specific nature of the production cycle;


Where the Commission adopts implementing acts in accordance with the first subparagraph of this Article, it may decide to make Union support from the agricultural reserve referred to in Article 16 of Regulation (EU) 2021/2116 available to the Member States concerned. Such financial support shall provide the means necessary for the implementation of these agreements and decisions by the operators concerned.


The Commission shall specify in implementing acts the scope of the derogation of the first subparagraph, subject to paragraph 3 of this Article, the period for which the derogation applies, and, where applicable, the amount of the agricultural reserve allocated to the Member State concerned under the second subparagraph.


Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 229(2).’;


(9) Annex X is amended as follows:


(a) in Point I, point 1 is replaced by the following:


‘1. Delivery contracts shall be made in advance of the delivery, in writing for a specified quantity of beet.’;


(b) in Point I, point 2 is replaced by the following:


‘2. The duration of the delivery contracts may be pluriannual. In the case of contracts with a minimum duration longer than six months, the contract shall include a revision clause that may be triggered by the farmer, a producer organisation or an association of producer organisations.’;


(c) in Point II, point 2, the following paragraph is added:


‘The price shall be calculated by combining various factors set out in the contract, which shall include objective indicators, indices or methods of calculation of the final price, that are easily accessible and comprehensible and that reflect changes in market conditions and production costs, the quantities delivered and the quality or composition of sugar beet delivered. To that effect, Member States may determine indicators, in accordance with objective criteria based on studies carried out on production and the food supply chain. The parties to the contracts are free to refer to these indicators or any other indicators which they deem relevant.’;


(d) in Point III, the following paragraph is added:


‘Delivery contracts shall contain rules applicable in the event of force majeure.’;


(e) the following Point IXa is inserted:

‘POINT IXa


‘Member States may require the sugar undertaking to register the written delivery contracts prior to the delivery of the sugar beet.’.

Article 2
Amendments to Regulation (EU) 2021/2115


Regulation (EU) 2021/2115 is amended as follows:

(1) Article 52 is amended as follows:

(a) in paragraph 3, the following point (i) is added:

‘(i) the producer organisation or association of producer organisations implements an operational programme in a Member State in which the degree of organisation of producers in the fruit and vegetables sector has been less than 10 % for three consecutive years preceding the implementation of the operational programme. The degree of organisation shall be calculated as the value of fruit and vegetable production that was obtained in the Member State concerned and marketed by producer organisations or associations of producer organisations recognised under Regulation (EU) No 1308/2013, divided by the total value of the fruit and vegetable production that was obtained in that Member State.’;

(b) the following paragraph 5a is inserted:

‘5a. The 50 % limit provided for in paragraph 1 shall be increased to 60 % for expenditure linked to the objectives referred to in Article 46, points (a), (b) or (c), if the following conditions are fulfilled:

(a) the expenditure is related to investments in tangible and intangible assets as referred to in Article 47(1), point (a), made by young farmers or new farmers, who join a producer organisation recognised under Regulation (EU) No 1308/2013 for the first time;

(b) the investments referred to in point (a) are made at the premises of these young farmers or new farmers as part of their first operational programme.’;

(c) the following paragraph 7 is added:

‘7. The 50 % limit provided for in paragraph 1 shall be increased to 70 % of the actual expenditure incurred in a given year for operational programmes implemented by producer organisations or associations of producer organisations and affected in this given year by adverse climatic events, natural disasters, plant diseases or pest infestations to be identified by the Member States.’;

(2) in Article 68, the following paragraph 2a is inserted:

‘2a. Article 52(3), points (a) to (d) and (f) to (h), and Article 52(5a) of this Regulation shall apply mutatis mutandis.’;

(3) in Article 88, paragraph 7 is replaced by the following:


‘7. As of 2025, Member States may review their decisions referred to in paragraph 6 as part of a request for amendment of their CAP Strategic Plans made in accordance with Article 119 and decide to use up to 6 % of their allocations for direct payments set out in Annex V, where relevant after deduction of the allocations for cotton set in Annex VIII, for types of intervention in other sectors referred to in Title III, Chapter III, Section 7.

The amount corresponding to the percentage of Member States’ allocations for direct payments referred to in the first subparagraph of this paragraph and used for types of intervention in other sectors for a certain financial year shall be considered to be Member States’ allocations per financial year for types of intervention in other sectors.’.

Article 3
Amendment of Regulation (EU) 2021/2116


In Article 16(1), second subparagraph, of Regulation (EU) 2021/2116, point (b) is replaced by the following:


‘(b) exceptional measures under Articles 219, 220, 221 and 222 of Regulation (EU) No 1308/2013.’.


Article 4
Entry into force and application

This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.

Article 1, point (1), shall apply from [+2 years].

Article 1, points (2) and (6), shall apply from [+18 months].


This Regulation shall be binding in its entirety and directly applicable in all Member States.