Regulation (EU) No 1308/2013 of the European Parliament and of the Council of 17 December 2013 establishing a common organisation of the markets in agricultural products and repealing Council Regulations (EEC) No 922/72, (EEC) No 234/79, (EC) No 1037/2001 and (EC) No 1234/2007

Notwithstanding the first subparagraph, one or more of the following shall apply:

• (a) where a Member State decides to make a written contract for the delivery of raw milk compulsory in accordance with paragraph 1, it may establish:
• (i) an obligation for the parties to agree on a relationship between a given quantity delivered and the price payable for that delivery;
• (ii) a minimum duration, applicable only to written contracts between a farmer and the first purchaser of raw milk; such a minimum duration shall be at least six months, and shall not impair the proper functioning of the internal market;

• (b) where a Member State decides that the first purchaser of raw milk must make a written offer for a contract to the farmer in accordance with paragraph 1, it may provide that the offer must 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.

The second subparagraph shall be without prejudice to the farmer's right to refuse such a minimum duration provided that he does so in writing. In such a case, the parties shall be free to negotiate all elements of the contract, including the elements referred to in point (c) of paragraph 2.

Article 149

Contractual negotiations in the milk and milk products sector

• (a) whether or not there is a transfer of ownership of the raw milk by the farmers to the producer organisation;

• (b) whether or not the price negotiated is the same as regards the joint production of some or all of the farmer members;

• (c) provided that, for a particular producer organisation, all of the following conditions are fulfilled:
• (i) the volume of raw milk covered by such negotiations does not exceed 7 % of total Union production;
• (ii) the volume of raw milk covered by such negotiations which is produced in any particular Member State does not exceed 36 % of the total national production of that Member State; and
• (iii) the volume of raw milk covered by such negotiations which is delivered in any particular Member State does not exceed 36 % of the total national production of that Member State;

• (d) provided that the farmers concerned are not members of any other producer organisation which also negotiates such contracts on their behalf; however, Member States may derogate from this condition in duly justified cases where farmers hold two distinct production units located in different geographic areas;

• (e) provided that the raw milk is not covered by an obligation to deliver arising from the farmer's membership of a cooperative in accordance with the conditions set out in the cooperative's statutes or the rules and decisions provided for in or derived from these statutes; and

• (f) provided that the producer organisation notifies the competent authorities of the Member State or Member States in which it operates of the volume of raw milk covered by such negotiations.

For negotiations covering more than one Member State, the decision referred to in the first subparagraph shall be taken by the Commission without applying the procedure referred to in Article 229(2) or (3). In other cases, that decision shall be taken by the national competition authority of the Member State to which the negotiations relate.

The decisions referred to in this paragraph shall not apply earlier than the date of their notification to the undertakings concerned.

• (a) a "national competition authority" means the authority referred to in Article 5 of Council Regulation (EC) No 1/2003 ([^E0026]);

• (b) a "SME" means a micro, small or medium-sized enterprise within the meaning of Recommendation 2003/361/EC.

Article 151

Compulsory declarations in the milk and milk products sector

The first purchasers of raw milk shall declare to the competent national authority the quantity of raw milk that has been delivered to them each month and the average price paid. A distinction shall be made between organic and non-organic milk.

For the purposes of this Article and Article 148, a "first purchaser" means an undertaking or group which buys milk from producers in order to:

• (a) subject it to collecting, packing, storing, chilling or processing, including under a contract;

• (b) sell it to one or more undertakings treating or processing milk or other milk products.

Member States shall notify the Commission of the quantities of raw milk and the average prices referred to in the first paragraph.

The Commission may adopt implementing acts laying down rules on the content, format and timing of such declarations and measures relating to the notifications to be made by the Member States in accordance with this Article. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 229(2).

CHAPTER III Producer organisations and associations and interbranch organisations

Section 1 Definition and recognition

Article 152

Producer organisations

• (a) are constituted by producers in a specific sector listed in Article 1(2) and are controlled by farmer members producing agricultural products of the soil or of stockfarming, in accordance with Article 153(2), point (c); a recognition may be granted for one or more of the specific sectors listed in Article 1(2) provided that the producer organisation fulfils the conditions for recognition for all of them; Member States may decide that the control by the farmer members referred to in this point can be exercised by associations of farmers producing agricultural products of the soil or stockfarming provided that these associations are controlled by those farmers;

• (b) are formed on the initiative of farmers producing agricultural products of the soil or of stockfarming and carry out at least one of the following activities:
• (i) joint processing;
• (ii) joint distribution, including by joint selling platforms or joint transportation;
• (iii) joint packaging, labelling or promotion;
• (iv) joint organising of quality control;
• (v) joint use of equipment or storage facilities;
• (vi) joint management of waste directly related to the production;
• (vii) joint procurement of inputs;
• (viii) any other joint service activities pursuing one of the objectives listed in point (c) of this paragraph;

• (c) pursue a specific aim which may include at least one of the following objectives:
• (i) ensuring that production is planned and adjusted to demand, particularly in terms of quality and quantity;
• (ii) concentration of supply and the placing on the market of the products produced by its members, including through direct marketing;
• (iii) optimising production costs and returns on investments in response to environmental and animal welfare standards, and stabilising producer prices;
• (iv) carrying out research and developing initiatives on sustainable production methods, innovative practices, economic competitiveness and market developments;
• (v) promoting, and providing technical assistance for, the use of environmentally sound cultivation practices and production techniques, and sound animal welfare practices and techniques;
• (vi) promoting and providing technical assistance for the use of production standards, improving product quality, developing products with a protected designation of origin, with a protected geographical indication or covered by a national quality label, and carrying out initiatives promoting short supply chains or the use of the optional terms referred to in Article 88a;
• (vii) the management and valorisation of by-products, of residual flows and of waste, in particular to protect the quality of water, soil and landscape, preserving or encouraging biodiversity, and boosting circularity;
• (viii) contributing to a sustainable use of natural resources and to climate change mitigation;
• (ix) developing initiatives in the area of promotion and marketing;
• (x) managing mutual funds;
• (xi) providing the necessary technical assistance for the use of the futures markets and of insurance schemes.

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 or any other equivalent legal form recognised by national law that has applied for recognition and has not yet been recognised as a producer organisation by a Member State, provided that it meets the requirements set out in paragraph 1 of this Article and in Article 154 of this Regulation, 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. Such a producer organisation may avail itself of that derogation within the period provided for in Article 154(4), point (a), of this Regulation, or, if the Member State has not taken any decision on the application for recognition by the end of that period, within the period of five years from the date of submission of the application for recognition, unless the Member State concerned has decided to refuse the recognition.

The activities referred to in the first subparagraph may take place:

• (a) provided that one or more of the activities referred to in point (b)(i) to (vii) of paragraph 1 is genuinely exercised, thus contributing to the fulfilment of the objectives set out in Article 39 TFEU;

• (b) provided that the producer organisation concentrates supply and places the products of its members on the market, whether or not there is a transfer of ownership of agricultural products by the producers to the producer organisation;

• (c) whether or not the price negotiated is the same as regards the aggregate production of some or all of the members;

• (d) provided that the producers concerned are not members of any other producer organisation as regards the products covered by the activities referred to in the first subparagraph;

• (e) provided that the agricultural product is not covered by an obligation to deliver arising from the farmer's membership of a cooperative, which is not itself a member of the producer organisations concerned, in accordance with the conditions set out in the cooperative's statutes or the rules and decisions provided for in or derived from those statutes.

However, Member States may derogate from the condition set out in point (d) of the second subparagraph in duly justified cases where producer members hold two distinct production units located in different geographical areas.

1b. For the purposes of this Article, references to producer organisations shall also include associations of producer organisations recognised under Article 156(1) if such associations meet the requirements set out in paragraph 1 of this Article.

Where an association of producer organisations recognised under Article 156(1) does not comply with the conditions set out in paragraph 1a, second subparagraph, points (a) and (b), of this Article, but its members do comply with those conditions, it may also carry out the activities referred to in the first subparagraph of paragraph 1a, of this Article, 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 as regards the products covered by the activities referred to in the first subparagraph of paragraph 1a, of this Article; and

• (c) the volume of the product covered by the activities referred to in the first subparagraph of paragraph 1a, of this Article does not exceed 36 % of the total national production of that product in the Member State concerned.

1c. The national competition authority referred to in Article 5 of Regulation (EC) No 1/2003 may decide in individual cases that, for the future, one or more of the activities referred to in the first subparagraph of paragraph 1a are to be modified, discontinued or not take place at all if it considers that this is necessary in order to prevent competition from being excluded or if it considers that the objectives set out in Article 39 TFEU are jeopardised.

For negotiations covering more than one Member State, the decision referred to in the first subparagraph of this paragraph shall be taken by the Commission without applying the procedure referred to in Article 229(2) or (3).

When acting under the first subparagraph of this paragraph, the national competition authority shall inform the Commission in writing before or without delay after initiating the first formal measure of the investigation and shall notify the Commission of the decisions without delay after their adoption.

The decisions referred to in this paragraph shall not apply earlier than the date of their notification to the undertakings concerned.

Article 153

Statutes of producer organisations

• (a) apply the rules adopted by the producer organisation relating to production reporting, production, marketing and protection of the environment;

• (b) be members of only one producer organisation for any given product of the holding, where any given product refers to products which are sufficiently distinct, in particular on the basis of their characteristics or intended final uses; however, Member States may derogate from this condition in duly justified cases where producer members hold two distinct production units located in different geographical areas;

• (c) provide the information requested by the producer organisation for statistical purposes.

• (a) procedures for determining, adopting and amending the rules referred to in point (a) of paragraph 1;

• (b) the imposition on members of financial contributions needed to finance the producer organisation;

• (c) rules enabling the farmer members producing agricultural products of the soil or of stockfarming to scrutinise democratically their organisation and its decisions as well as its accounts and budgets;

• (d) penalties for infringement of obligations under the statutes, particularly for non-payment of financial contributions, or of the rules laid down by the producer organisation;

• (e) rules on the admission of new members, and in particular the minimum period of membership which may not be less than one year;

• (f) the accounting and budgetary rules necessary for the operation of the organisation.

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, including the concentration of supply and placing of products on the market by the producer organisation. Concentration of supply and the placing of products on the market 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. The statutes of a producer organisation that allows direct contact between members and purchasers may include internal control and prevention mechanisms to ensure that such contact does not adversely affect the objectives of the producer organisation, including the concentration of supply.

Article 154

Recognition of producer organisations

• (a) fulfils the requirements laid down in points (a), (b) and (c) of Article 152(1);

• (b) has a minimum number of members and/or covers a minimum volume or value of marketable production, to be laid down by the Member State concerned, in the area where it operates; such provisions shall not prevent the recognition of producer organisations which are dedicated to small-scale production;

• (c) provides sufficient evidence that it can carry out its activities properly, both over time and in terms of effectiveness, provision of human, material and technical support to its members, and as appropriate concentration of supply;

• (d) has statutes that are consistent with points (a), (b) and (c) of this paragraph.

1a. Member States may, on request, decide to grant more than one recognition to a producer organisation operating in several sectors referred to in Article 1(2) provided the producer organisation fulfils the conditions referred to in paragraph 1 of this Article for each sector for which it seeks recognition.

• (a) decide whether to grant recognition to a producer organisation within four months of the lodging of an application, accompanied by all the relevant supporting evidence; this application shall be lodged with the Member State where the organisation has its headquarters;

• (b) carry out, at intervals to be determined by them, checks to verify that recognised producer organisations are complying with this Chapter;

• (c) in the event of non-compliance or irregularities in the application of the measures provided for in this Chapter, impose on those organisations and associations the applicable penalties they have laid down and, if necessary, decide whether recognition should be withdrawn;

• (d) inform the Commission by 31 March of each year, of every decision to grant, refuse or withdraw recognition taken during the previous calendar year.

Article 155

Outsourcing

Member States may permit a recognised producer organisation or a recognised association of producer organisations in the sectors specified by the Commission in accordance with point (f) of Article 173(1) to outsource any of its activities other than production, including to subsidiaries, provided that the producer organisation or association of producer organisations remains responsible for ensuring the carrying out of the outsourced activity and overall management control and supervision of the commercial arrangement for the carrying out of the activity.

Article 156

Associations of producer organisations

Subject to the rules adopted pursuant to Article 173, associations of producer organisations may carry out any of the activities or functions of producer organisations.

Article 157

Interbranch organisations

• (a) are constituted of representatives of economic activities linked to the production and to at least one of the following stages of the supply chain: the processing of or trade in, including distribution of, products in one or more sectors;

• (b) are formed on the initiative of all or some of the organisations or associations which constitute them;

• (c) pursue a specific aim taking account of the interests of their members and of consumers, which may include, in particular, one of the following objectives:
• (i) improving knowledge and the transparency of production and the market, including by publication of aggregated statistical data on production costs, prices, including, where appropriate, price indices, volumes and duration of contracts which have been previously concluded, and by providing analyses of potential future market developments at regional, national or international level;
• (ii) forecasting of production potential, and recording public market prices;
• (iii) helping to coordinate better the way the products are placed on the market, in particular by means of research and market studies;
• (iv) exploring potential export markets;
• (v) without prejudice to Articles 148 and 168, drawing up standard forms of contract, compatible with Union rules, for the sale of agricultural products to purchasers and/or the supply of processed products to distributors and retailers, taking into account the need to achieve fair competitive conditions and to avoid market distortions;
• (vi) exploiting to a fuller extent the potential of the products, including at the level of market outlets, and developing initiatives to strengthen economic competitiveness and innovation;
• (vii) providing the information and carrying out the research necessary to innovate, rationalise, improve and adjust production and, where applicable, the processing and marketing, towards products more suited to market requirements and consumer tastes and expectations, in particular with regard to product quality, including the specific characteristics of products with a protected designation of origin or protected geographical indication, and protection of the environment, climate action, animal health and animal welfare;
• (viii) seeking ways of restricting the use of animal-health or plant protection products, better managing other inputs, ensuring product quality and soil and water conservation, promoting food safety, in particular through traceability of products, and improving animal health and welfare;
• (ix) developing methods and instruments for improving product quality at all stages of production and, where applicable, of processing and marketing;
• (x) taking all possible actions to uphold, protect and promote organic farming and designations of origin, quality labels and geographical indications;
• (xi) promoting and carrying out research into integrated, sustainable production or other environmentally sound production methods;
• (xii) encouraging healthy and responsible consumption of the products on the internal market and/or informing about the harm linked to hazardous consumption patterns;
• (xiii) promoting consumption of, and/or furnishing information concerning, products on the internal market and external markets;
• (xiv) contributing to the management and developing initiatives for the valorisation of by-products and the reduction and management of waste;
• (xv) establishing standard value sharing clauses within the meaning of Article 172a, including market bonuses and losses, determining how any evolution of relevant market prices of the products concerned or other commodity markets is to be allocated between them;
• (xvi) promoting and implementing measures to prevent, control and manage animal health, plant-protection and environmental risks, including by setting up and managing mutual funds or by contributing to such funds with a view to paying financial compensation to farmers for costs and economic losses arising from the promotion and implementation of such measures;
• (xvii) promoting the use of the optional terms referred to in Article 88a.

1a. Member States may, on request, decide to grant more than one recognition to an interbranch organisation operating in several sectors referred to in Article 1(2) provided the interbranch organisation fulfils the conditions referred to in paragraph 1 for each sector for which it seeks recognition.

Article 158

Recognition of interbranch organisations

• (a) fulfil the requirements laid down in Article 157;

• (b) carry out their activities in one or more regions in the territory concerned;

• (c) account for a significant share of the economic activities referred to in point (a) of Article 157(1);

• (ca) strive for a balanced representation of the organisations in the stages of the supply chain referred to in Article 157(1), point (a), that constitute the interbranch organisation;

• (d) with the exception of the cases laid down in Article 162, do not, themselves, engage in production, processing or trade.

• (a) decide whether to grant recognition within four months of the lodging of an application with all relevant supporting documents; this application shall be lodged with the Member State where the organisation has its headquarters;

• (b) carry out, at intervals to be determined by them, checks to verify that recognised interbranch organisations are complying with the conditions governing their recognition;

• (c) in the event of non-compliance or irregularities in the implementation of the measures provided for in this Regulation, impose on those organisations the applicable penalties they have laid down and, if necessary, decide whether recognition should be withdrawn;

• (d) withdraw recognition if the requirements and conditions for recognition laid down in this Article are no longer met;

• (e) inform the Commission by 31 March of each year of every decision to grant, refuse or withdraw recognition taken during the previous calendar year.

Section 2 Additional rules for specific sectors

Article 159

Mandatory recognition

By way of derogation from Articles 152 to 158, Member States shall, on request, recognise:

• (a) producer organisations in:
• (i) the fruit and vegetables sector in respect of one or more products of that sector and/or such products solely intended for processing,
• (ii) the olive oil and table olives sector,
• (iii) the silkworm sector,
• (iv) the hops sector;

• (b) interbranch organisations in the olive oil and table olives sector and the tobacco sector.

Article 160

Producer organisations in the fruit and vegetables sector

In the fruit and vegetables sector producer organisations shall pursue at least one of the objectives set out in points (c)(i), (ii) and (iii) of Article 152(1).

The statutes of a producer organisation in the fruit and vegetables sector shall require its producer members to market their entire production concerned through the producer organisation.

Producer organisations and associations of producer organisations in the fruit and vegetables sector shall be deemed to be acting in the name and on behalf of their members in economic matters within their terms of reference.

Article 161

Recognition of producer organisations in the milk and milk products sector

• (a) they are constituted by producers in the milk and milk products sector, are formed on their initiative and pursue a specific aim which may include one or more of the following objectives:
• (i) ensuring that production is planned and adjusted to demand, particularly in terms of quality and quantity;
• (ii) concentration of supply and the placing on the market of the products produced by their members;
• (iii) optimising production costs and stabilising producer prices;

• (b) they have a minimum number of members and/or cover a minimum volume of marketable production, to be laid down by the Member State concerned, in the area where they operate;

• (c) there is sufficient evidence that they can carry out their activities properly, both over time and in terms of effectiveness and concentration of supply;

• (d) they have statutes that are consistent with points (a), (b) and (c) of this paragraph.

• (a) decide whether to grant recognition to a producer organisation within four months of the lodging of an application, accompanied by all the relevant supporting evidence; this application shall be lodged with the Member State where the organisation has its headquarters;

• (b) carry out, at intervals to be determined by them, checks to verify that recognised producer organisations and associations of producer organisations are complying with the provisions of this Chapter;

• (c) in the event of non-compliance or irregularities in the implementation of the measures provided for in this Chapter, impose on those organisations and associations the applicable penalties that they have laid down and, if necessary, decide whether recognition should be withdrawn;

• (d) inform the Commission by 31 March of each year of every decision to grant, refuse or withdraw recognition which they have taken during the previous calendar year.

Article 162

Interbranch organisations in the olive oil and table olives and tobacco sectors

For interbranch organisations in the olive oil and table olives and tobacco sectors, the specific aim referred to in point (c) of Article 157(1) may also include at least one of the following objectives:

• (a) concentrating and co-ordinating supply and marketing of the produce of the members;

• (b) adapting production and processing jointly to the requirements of the market and improving the product;

• (c) promoting the rationalisation and improvement of production and processing.

Article 163

Recognition of interbranch organisations in the milk and milk products sector

• (a) fulfil the requirements laid down in Article 157;

• (b) carry out their activities in one or more regions in the territory concerned;

• (c) account for a significant share of the economic activities referred to in Article 157(1), point (a);

• (d) do not themselves engage in the production of, the processing of, or the trade in, products in the milk and milk products sector.

• (a) decide whether to grant recognition to the interbranch organisation within four months of the lodging of an application, accompanied by all the relevant supporting evidence; this application shall be lodged with the Member State where the organisation has its headquarters;

• (b) carry out, at intervals to be determined by them, checks to verify that recognised interbranch organisations are complying with the conditions governing their recognition;

• (c) in the event of non-compliance or irregularities in the implementation of the measures provided for in this Regulation, impose on those organisations the applicable penalties they have laid down and, if necessary, decide whether recognition should be withdrawn;

• (d) withdraw recognition if the requirements and conditions for recognition laid down in this Article are no longer fulfilled;

• (e) inform the Commission by 31 March of each year of every decision to grant, refuse or withdraw recognition taken during the previous calendar year.

Section 3 Extension of rules and compulsory contributions

Article 164

Extension of rules

• (a) as a proportion of the volume of production of, or of trade in, or of processing of the product or products concerned:
• (i) for producer organisations in the fruit and vegetables sector, at least 60 %, or
• (ii) in other cases, at least two thirds; and

• (b) in the case of producer organisations, more than 50 % of the producers concerned.

However, where, in the case of interbranch organisations, the determination of the proportion of the volume of production, or of trade in, or of processing of the product or products concerned gives rise to practical difficulties, a Member State may lay down national rules for determining the specified level of representativeness referred to in point (a)(ii) of the first subparagraph.

Where the request for an extension of its rules to other operators covers more than one economic area, the organisation or association shall demonstrate the minimum level of representativeness as defined in the first subparagraph for each of the branches it groups in each of the economic areas concerned.

• (a) production and market reporting;

• (b) stricter production rules than those laid down in Union or national rules;

• (c) the drawing up of standard contracts which are compatible with Union rules;

• (d) marketing;

• (e) protecting the environment;

• (f) measures to promote and exploit the potential of products;

• (g) measures to protect organic farming as well as designations of origin, quality labels and geographical indications;

• (h) research to add value to the products, in particular through new uses which do not pose a threat to public health;

• (i) studies to improve the quality of products;

• (j) research, in particular into methods of cultivation permitting reduced use of plant protection or animal health products and guaranteeing conservation of the soil and conservation or improvement of the environment;

• (k) the definition of minimum qualities and definition of minimum standards of packing and presentation;

• (l) the use of certified seed except when used for organic production within the meaning of Regulation (EU) 2018/848, and the monitoring of product quality;

• (m) the prevention and management of phytosanitary, animal health, food safety or environmental risks;

• (n) the management and valorisation of by-products.

Those rules shall not cause any damage to other operators, nor prevent the entry of new operators, in the Member State concerned or the Union and shall not have any of the effects listed in Article 210(4) or be otherwise incompatible with Union law or national rules in force.

Article 165

Financial contributions of non-members

Where rules of a recognised producer organisation, a recognised association of producer organisations or a recognised interbranch organisation are extended under Article 164 and the activities covered by those rules are in the general economic interest of economic operators whose activities relate to the products concerned, the Member State which has granted recognition may, after consulting the relevant stakeholders, decide that individual economic operators or groups which are not members of the organisation but which benefit from those activities shall pay the organisation all or part of the financial contributions paid by its members to the extent that such contributions are intended to cover costs directly incurred as a result of pursuing one or more of the activities in question. Any organisation which receives contributions from non-members under this Article, if requested by a member or a non-member that contributes financially to the activities of the organisation, shall make available those parts of its yearly budget which relate to the pursuit of activities listed in Article 164(4).

Section 4 Adjustment of supply

Article 166

Measures to facilitate the adjustment of supply to market requirements

In order to encourage action by the organisations referred to in Articles 152 to 163 to facilitate the adjustment of supply to market requirements, with the exception of action relating to withdrawal from the market, the Commission shall be empowered to adopt delegated acts in accordance with Article 227 concerning measures in the sectors listed in Article 1(2):

• (a) improving quality;

• (b) promoting better organisation of production, processing and marketing;

• (c) facilitating the recording of market price trends;

• (d) permitting the establishment of short and long-term forecasts on the basis of the means of production used.

Article 166a

Regulation of supply of agricultural products with a protected designation of origin or protected geographical indication

• (a) that the producers of that raw material in the specific geographical area be consulted prior to the conclusion of the agreement referred to in this paragraph; or

• (b) that at least two-thirds of the producers of the raw material or their representatives, representing at least two-thirds of the production of the raw material used in the processing in the specific geographical area, are also parties to the agreement referred to in this paragraph.

For the purpose of the first subparagraph of this paragraph, concerning cheese benefiting from a protected geographical indication, the geographical area of origin of the raw milk, as set in the product specification for the cheese, shall be the same as the geographical area referred to in Article 7(1), point (c), of Regulation (EU) No 1151/2012 relating to that cheese.

• (a) shall only cover the regulation of supply of the product concerned and, where applicable, the raw material and shall have the aim of adapting the supply of that product to demand;

• (b) shall have effect only on the product and, where applicable, the raw material, concerned;

• (c) may be made binding for no more than three years, except at the request of a recognised producer group as referred to in Article 33 of Regulation (EU) 2024/1143 where that period may be up to six years, but may be renewed after that period following a new request, as referred to in paragraph 1 of this Article;

• (d) shall not damage trade in products other than those concerned by those rules;

• (e) shall not relate to any transaction after the first marketing of the product concerned;

• (f) shall not allow for price fixing, including where prices are set for guidance or recommendation;

• (g) shall not render unavailable an excessive proportion of the product concerned that would otherwise be available;

• (h) shall not create discrimination, constitute a barrier for new entrants in the market, or lead to small producers being adversely affected;

• (i) shall contribute to maintaining the quality of the product concerned or to the development of the product concerned.

• (j) shall be without prejudice to Article 149 and Article 152(1a).

Article 167

Marketing rules to improve and stabilise the operation of the common market in wines

Such rules shall be proportionate to the objective pursued and shall not:

• (a) relate to any transaction after the first marketing of the produce concerned;

• (b) allow for price fixing, including where prices are set for guidance or recommendation;

• (c) render unavailable an excessive proportion of the vintage that would otherwise be available;

• (d) provide scope for refusing to issue the national and Union certificates required for the circulation and marketing of wines where such marketing is in accordance with those rules.

Article 167a

Marketing rules to improve and stabilise the operation of the common market in olive oils

Such rules shall be proportionate to the objective pursued and shall not:

• (a) relate to any transaction after the first marketing of the produce concerned;

• (b) allow for price fixing, including where prices are set for guidance or recommendation;

• (c) render unavailable an excessive proportion of the production of the marketing year that would otherwise be available.

Section 5 Contract systems

Article 168

Contractual relations

• (a) that every delivery in its territory of those products by a producer to a processor or distributor must be covered by a written contract between the parties; and/or

• (b) that the first purchasers must make a written offer for a contract for the delivery in its territory of those agricultural products by the producer,

such a contract or such an offer for a contract shall fulfil the conditions laid down in paragraphs 4 and 6 of this Article.

1a. Where Member States do not make use of the possibilities provided for in paragraph 1 of this Article, a producer, a producer organisation or an association of producer organisations, in respect of agricultural products in a sector referred to in Article 1(2) other than the milk, milk products and sugar sector, may require that any delivery of its products to a processor or distributor be the subject of a written contract between the parties and/or be the subject of a written offer for a contract from the first purchasers, under the conditions laid down in paragraph 4 and in the first subparagraph of paragraph 6 of this Article.

If the first purchaser is a micro, small or medium-sized enterprise within the meaning of Recommendation 2003/361/EC, the contract and/or the contract offer is not compulsory without prejudice to the possibility for the parties to make use of a standard contract drawn up by an interbranch organisation.

Member States shall ensure that the provisions that they adopt under this Article do not impair the proper functioning of the internal market.

• (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 be set out in the contract and/or
• — be calculated by combining various factors set out in the contract, which may include objective indicators, indices and methods of calculation of the final price, that are easily accessible and comprehensible and that reflect changes in market conditions, the quantities delivered and the quality or composition of the agricultural products delivered; those indicators may be based on relevant prices, production and market costs; 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.
• (ii) the quantity and quality of the 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 termination clauses,
• (iv) details regarding payment periods and procedures,
• (v) arrangements for collecting or delivering the agricultural products, and
• (vi) rules applicable in the event of force majeure.

Notwithstanding the first subparagraph, one or both of the following shall apply:

• (a) where a Member State decides to make written contracts for the delivery of agricultural products compulsory in accordance with paragraph 1, it may establish a minimum duration, applicable only to written contracts between a producer and the first purchaser of the agricultural products. Such a minimum duration shall be at least six months and shall not impair the proper functioning of the internal market;

• (b) where a Member State decides that the first purchaser of agricultural products must make the producer a written offer for a contract in accordance with paragraph 1, it may provide that the offer must 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.

The second subparagraph shall be without prejudice to the producer's right to refuse such a minimum duration provided that he does so in writing. In this case, the parties shall be free to negotiate all elements of the contract, including those elements referred to in point (c) of paragraph 4.

Member States shall notify the Commission of how they apply any measures introduced under this Article.

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

Section 5a Value-sharing clauses

Article 172a

Value sharing

Without prejudice to any specific value-sharing clauses in the sugar sector, farmers, including associations of farmers, may agree with downstream operators on value sharing clauses, including market bonuses and losses, determining how any evolution of relevant market prices for the products concerned or other commodity markets is to be allocated between them.

Article 172b

Guidance by interbranch organisations and producer groups for the sale of grapes, musts and wines in bulk with a protected designation of origin or protected geographical indication

When acting under the first subparagraph of this paragraph, the national competition authority shall inform the Commission in writing before or without delay after initiating the first formal measure of the investigation and shall notify the Commission of the decisions without delay after their adoption.

The decisions referred to in this paragraph shall not apply earlier than the date of their notification to the undertakings concerned.

Section 6 Procedural rules

Article 173

Delegated powers

• (a) the specific aims which may, must or must not be pursued by such organisations and associations and, where applicable, added to those laid down in Articles 152 to 163;

• (b) the rules of such organisations and associations, the statutes of organisations other than producer organisations, the specific conditions applicable to the statutes of producer organisations in certain sectors, including derogations from the obligation to market the entire production through the producer organisation referred to in the second paragraph of Article 160, the structure, membership period, size, accountability and activities of such organisations and associations, the effects deriving from recognition, the withdrawal of recognition, and mergers;

• (c) the conditions for recognition, withdrawal and suspension of recognition, the effects deriving from recognition, withdrawal and suspension of recognition as well as requirements for such organisations and associations to take remedial measures in the event of non-respect of the recognition criteria;

• (d) transnational organisations and associations including the rules referred to in points (a), (b) and (c) of this paragraph;

• (e) rules relating to the establishment and the conditions of administrative assistance to be given by the relevant competent authorities in the case of transnational cooperation;

• (f) the sectors to which Article 155 applies, the conditions for the outsourcing of activities, the nature of activities that may be outsourced and the provision of technical means by organisations or associations;

• (g) the basis for the calculation of minimum volume or value of marketable production of organisations and associations;

• (h) the acceptance of members who are not producers in the case of producer organisations and who are not producer organisations in the case of associations of producer organisations;

• (i) the extension of certain rules of the organisations provided for in Article 164 to non-members and the compulsory payment of subscriptions by non-members referred to in Article 165 including the use and allocation of that payment by those organisations and a list of the stricter production rules which may be extended under point (b) of the first subparagraph of Article 164(4), while ensuring that such organisations are transparent and accountable toward non-members and that members of such organisations do not enjoy a more favourable treatment than non-members, in particular as to the use of the compulsory payment of subscriptions;

• (j) further requirements as regards representativeness of the organisations referred to in Article 164, the economic areas concerned, including Commission scrutiny of their definition, minimum periods during which the rules shall apply before their extension, the persons or organisations to whom the rules or contributions may be applied, and the circumstances in which the Commission may require that the extension of rules or compulsory contributions be refused or withdrawn.

• (a) the conditions for recognising transnational producer organisations and transnational associations of producer organisations;

• (b) rules relating to the establishment and the conditions of administrative assistance to be given to producer organisations, including associations of producer organisations by the relevant competent authorities in the case of transnational cooperation;

• (c) additional rules regarding the calculation of the volume of raw milk covered by the negotiations referred to in point (c) of Article 149(2) and Article 149(3);

• (d) rules concerning the extension of certain rules of the organisations provided for in Article 164 to non-members and the compulsory payment of subscriptions by non-members referred to in Article 165.

Article 174

Implementing powers in accordance with the examination procedure

• (a) measures for the implementation of the conditions for recognition of producer organisations and interbranch organisations set out in Articles 154 and 158;

• (b) procedures in the event of a merger of producer organisations;

• (c) procedures to be determined by Member States in relation to the minimum size and minimum membership period;

• (d) procedures relating to the extension of rules and financial contributions as referred to in Articles 164 and 165, in particular the implementation of the concept of "economic area" referred to in Article 164(2);

• (e) procedures relating to administrative assistance;

• (f) procedures relating to the outsourcing of activities;

• (g) procedures and technical conditions as regards the implementation of the measures referred to in Article 166.

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

• (a) the implementation of the conditions for recognition of producer organisations and their associations and interbranch organisations set out in Articles 161 and 163;

• (b) the notification referred to in point (f) of Article 149(2);

• (c) the notifications to be made by the Member States to the Commission in accordance with point (d) of Article 161(3), point (e) of Article 163(3), Article 149(8) and Article 150(7);

• (d) the procedures relating to administrative assistance in the case of transnational cooperation.

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

Article 175

Other implementing powers

The Commission may, by means of implementing acts, adopt individual decisions regarding:

• (a) the recognition of organisations carrying out activities in more than one Member State, pursuant to the rules adopted under point (d) of Article 173(1);

• (b) the objection to, or the withdrawal of, recognition of an interbranch organisation by a Member State;

• (c) the list of economic areas notified by Member States pursuant to the rules adopted under point (i) of Article 173(1) and point (d) of Article 173(2);

• (d) the requirement that a Member State refuse or repeal an extension of rules or financial contributions by non-members decided on by that Member State.

Those implementing acts shall be adopted without applying the procedure referred to in Article 229(2) or (3).

PART III

TRADE WITH THIRD COUNTRIES

CHAPTER I Import and export licences

Article 176

General rules

• (a) cereals;

• (b) rice;

• (c) sugar;

• (d) seeds;

• (e) olive oil and table olives, with regard to products falling within CN codes 1509 , 1510 00 , 0709 92 90 , 0711 20 90 , 2306 90 19 , 1522 00 31 and 1522 00 39 ;

• (f) flax and hemp, as far as hemp is concerned;

• (g) fruit and vegetables;

• (h) processed fruit and vegetables;

• (i) bananas;

• (j) wine;

• (k) live plants;

• (l) beef and veal;

• (m) milk and milk products;

• (n) pigmeat;

• (o) sheepmeat and goatmeat;

• (p) eggs;

• (q) poultrymeat;

• (r) ethyl alcohol of agricultural origin.

Article 177

Delegated powers