What changed
Adds vinegar to the product list and introduces new rules on public intervention pricing, marketing standards, and hemp import conditions. #4#5#6#16 Changes crisis measures: replaces a proposal for voluntary production reduction with a new article on public procurement sourcing EU products, and adds a separate article on production reduction. #19#20 Limits sustainability objectives in competition derogations to one point and changes delivery and payment timing in contracts. #14#18 Removes a justification section from the report. #31 The other changes are formal or wording: punctuation, typos, and rephrasing. #1#2#3#7
9 changes of substance, plus 17 formaland5 wording-only. Each change below carries a one-line ✦ note from the same model. Written from the two texts only — read the highlighted passages before relying on it.
The changes to the text itself, in document order. Cover page, citations (“having regard to …”), standard resolution paragraphs and punctuation-only edits are left out — they are in “Show every difference”.
Change #4 Substance
Adds vinegar to the list of products in Article 1(2) of Regulation (EU) No 1308/2013.
Article 1 – paragraph 1 – point -1 (new), Article 1 – paragraph 2 – point l a (new): (-1) Inin Article 1(2), the following point is inserted: / (la) vinegar, Part XIIa;
Change #5 Substance
Adds a new paragraph requiring the Council to use objective criteria, such as inflation, when fixing public intervention prices.
Article 1 – paragraph 1 – point -1 c (new), Article 15 – paragraph 2 a (new): (-1c) Inin Article 15, the following paragraph is added: / ‘2a. When fixing the level of the public intervention price for the various products listed in Article 11, the Council shall use objective and transparent criteria, such as inflation, in line with the objective of ensuring a fair standard of living for the agricultural community, in accordance with Article 39 TFEU.’
Change #6 Substance
Adds amendments to Article 75 on marketing standards, including a new definition of place of farming and origin.
Article 1 – paragraph 1 – point -1 d (new), Article 75: (-1d) Article 75 is amended as follows: / (a) paragraph 1 is replaced by the following: / "1. Marketing standards may apply to one or more of the sectors referred to in Article 1."; / (b) in paragraph 3, point (j) is replaced by the following: / "(j) the place of farming and origin;";
Regulation (EU) No 1308/2013
Change #14 Substance
Changes the timing for delivery and payment in Article 168(6)(ab) from simultaneous to within 5 working days.
Article 1 – paragraph 1 – point 6, Article 168 – paragraph 6 – point a b (new): (ab) the delivery and payment of the agricultural products concerned take place simultaneously)simultaneously or at the latest within 5 working days;
Change #16 Substance
Renumbers point (d) to (ca) in Article 189(1) on hemp imports.
Article 1 – paragraph 1 – point 6 c (new), Article 189 – paragraph 1: (6c) in Article 189, paragraph 1 is replaced by the following: / “1. The following products may be imported into the Union only if the following conditions are met: / (a) raw true hemp falling within CN code 5302 10 00 meeting the conditions laid down in Regulation (EU) 2021/2115; / (b) seeds of varieties of hemp falling within CN code ex 1207 99 20 for sowing accompanied by proof that the tetrahydrocannabinol level of the variety concerned does not exceed that fixed in accordance with Regulation (EU) No 2021/2115; / (c) hemp seeds other than for sowing, falling within CN code 1207 99 91 and imported only by importers authorised by the Member State in order to ensure that such seeds are not intended for sowing; / (d)(ca) hemp flowering tops accompanied by proof that the tetrahydrocannabinol level of the variety concerned does not exceed the level set in accordance with Regulation (EU) No 2021/2115 and imported only by importers authorised by the Member State.”
Change #18 Substance
Limits the sustainability objectives in Article 210a(6) to point (d) only, removing references to (e), (f), (fa), (fb), (fc).
Article 1 – paragraph 1 – point 7 – point b, Article 210a – paragraph 6 – subparagraph 2: 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) , (f), (fa), (fb), (fc)(d) andto (fd), with this Article.
Change #19 Substance
Replaces a new article on crisis support with a new article requiring public procurement to source from EU products.
Article 1 – paragraph 1 – point 7 a (new), Article 219 – paragraph 3 a (new): (7a) in Article 219, the following paragraph is inserted: / ‘3a. Where the market price falls below a certain flexible threshold that is indexed to average production costs and set by the EU Agri-food Chain Observatory (AFCO), the Commission shall implement, on the basis of the situation in the market and sector in question, support measures for producers in the sector concerned who, over a specified period, voluntarily reduce their deliveries compared to the same period in the previous year, fulfilling the following requirements:. / (a) the support shall be granted on the basis of applications submitted by producers in their Member State of establishment, using the method established by the Member State in question; / (b) in order to ensure that this system is effectively and properly implemented, the Commission shall establish, on the basis of data provided by AFCO: / (i) the maximum total volume or quantity of deliveries to be reduced at Union level under the reduction scheme; / (ii) the duration of the reduction period and, if necessary, its prolongation; / (iii) the amount of support, based on the volume or quantity of the reduction and the arrangements for its financing; / (iv) the eligibility criteria applicable to applicants and applications; / (v) the specific conditions for implementing the system. / Any producer who delivers a larger volume than the volume they have supplied during the reference period shall pay a market responsibility levy proportionate to their p…
Article 1 – paragraph 1 – point 7 a (new), Article 210 b (new): (7a) the following article is inserted: / “Article 210b / Member States shall ensure that supply contracts awarded under public procurement procedures are sourced from agricultural and food products originating in the Union, in particular with local and seasonal products, with the aim of enhancing the quality, sustainability and food safety of European agricultural products. / Products benefiting from protected geographical indications, protected designations of origin and traditional specialities guaranteed shall be given priority in the implementation of these actions. / The Commission shall adopt delegated acts, laying down the conditions for the application of this Article, ensuring compliance with Union rules.”
Change #20 Substance
Adds a new article on crisis support for voluntary production reduction when prices fall below a threshold.
Article 1 – paragraph 1 – point 7 b (new), Article 219 – paragraph 3 a (new): (7b) in Article 219, the following paragraph is added: / ‘3a. Where the market price falls below a certain flexible threshold that is indexed to average production costs and set by the EU Agri-food Chain Observatory (AFCO), the Commission shall implement, on the basis of the situation in the market and sector in question, support measures for producers in the sector concerned who, over a specified period, voluntarily reduce their deliveries compared to the same period in the previous year, fulfilling the following requirements: / (a) the support shall be granted on the basis of applications submitted by producers in their Member State of establishment, using the method established by the Member State in question; / (b) in order to ensure that this system is effectively and properly implemented, the Commission shall establish, on the basis of data provided by AFCO: / (i) the maximum total volume or quantity of deliveries to be reduced at Union level under the reduction scheme; / (ii) the duration of the reduction period and, if necessary, its prolongation; / (iii) the amount of support, based on the volume or quantity of the reduction and the arrangements for its financing; / (iv) the eligibility criteria applicable to applicants and applications; / (v) the specific conditions for implementing the system. / Any producer who delivers a larger volume than the volume they have supplied during the reference period shall pay a market responsibility levy proportionate to their produ…
Regulation (EU) No 1308/2013
Change #31 Substance
Removes a long justification section from the report.
Strengthening farmers’ position in the agri-food value chain is still one of farmers’ main demands following the protests in Europe in early 2024. Faced with a highly fragmented farming sector, while actors downstream are grouped into powerful structures, farmers find themselves in a weaker position of power and have very limited bargaining power.
In light of that asymmetry, balanced power relations in the value chain must be restored. The proposed reform of Regulations (EU) No 1308/2013, (EU) 2021/2115 and (EU) 2021/2116 by the European Commission achieves that to some extent by introducing a number of mechanisms designed to put producers in a stronger position.
Among the planned developments, the amendment of Regulation (EU) No 1308/2013 introduces the possibility of using new terms like ‘fair’ and ‘equitable’. While that approach is a step in the right direction, since it allows farmers to use marketing tools to add value to their products, the current definitions of those terms are too vague. There is a risk that more demanding national systems will be made weaker. The criteria for how those terms are used should therefore be made clearer.
A number of elements could also be introduced to improve the definition of the term ‘short supply chain’. Firstly, the direct connection between producer and consumer should at least involve European production in order to prevent products imported from third countries from bypassing the scheme. Secondly, the number of intermediaries should be limited and geographic proximity should be specified to include distances or transport time as criteria.
Contracting is one of the cornerstones of the European Commission’s proposal. It is essential in the milk sector, where it enables more transparently regulated trade relations in a market where farmers have to deal with considerable price fluctuations. The principle of contracting must also be supported in other farming sectors, while providing the possibility for derogation if a Member State’s farming sector so requests. Derogation does not affect the possibility granted to farmers, producer organisations (POs) and associations of producer organisations (APOs) to request that a contract be drawn up. That derogation could not be applied to the milk sector. The sugar sector should also be able to continue to enjoy some of its own specific characteristics.
In a number of sectors, the need to be able to set up POs, depending on the product’s final destination, is necessary to ensure certain sectors are strengthened with regard to first purchasers. At the same time, the Commission’s proposal to introduce specific POs for organic production does not seem suitable, because it could pit production models against each other.
The Commission’s intention to grant producer organisations that have not been recognised possible derogations from competition law is a measure designed to simplify and safeguard many existing practices. However, the system should be regulated to benefit non-recognised producer organisations by starting a recognition process. The possibility of derogations from Article 101 TFEU rules for associations of producer organisations if they do not carry out a real economic activity is also a step forward. However, simply taking account of national production could act as a brake in certain sectors, and an alternative threshold of no more than 5 % of European production for ‘managing’ associations of producer organisations should be introduced.
With regard to competition law and the derogations provided for in Article 210a, the concept of ‘sustainability’ should be defined in more detail in order to assess the three following aspects of sustainable development: economic, social and environmental. In particular, it is proposed that objectives be added with regard to farms’ economic resilience, fair remuneration for producers and the preservation of rural areas.