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~~P10_TA(2026)0199~~

P10_TA(2025)0214

Strengthening of the position of farmers in the food supply chain

PE772.032

~~European~~Amendments ~~Parliament~~adopted ~~legislative~~by ~~resolution~~the ofEuropean 16Parliament ~~June~~on ~~2026~~8 October 2025 on the proposal for a regulation of the European Parliament and of the Council amending Regulations (EU) No 1308/2013, (EU) 2021/2115 and (EU) 2021/2116 as regards the strengthening of the position of farmers in the food supply chain (COM(2024)0577 – C10-0209/2024 – 2024/0319(COD))

(Ordinary legislative procedure: first reading)

~~– having regard to the Commission proposal to Parliament and the Council (COM(2024)0577),~~

Amendment 1

– having regard to Article 294(2), Article 42, first paragraph, and Article 43(2) of the Treaty on the Functioning of the European Union, pursuant to which the Commission submitted the proposal to Parliament (C100209/2024),

Proposal for a regulation

~~– having regard to Article 294(3) of the Treaty on the Functioning of the European Union,~~

Recital 1

~~– having regard to the opinion of the European Economic and Social Committee of 27 March 2025,~~

Text proposed by the Commission

~~– having regard to the opinion of the Committee of the Regions of 14 May 2025,~~

Amendment

– having regard to the provisional agreement approved by the committee responsible under Rule 75(4) of its Rules of Procedure and the undertaking given by the Council representative by letter of 23 March 2026 to approve Parliament’s position, in accordance with Article 294(4) of the Treaty on the Functioning of the European Union,

(1) The agricultural sector, in particular farmers, face a range of challenges. The Covid-19 pandemic and Russia’s ongoing war of aggression against Ukraine have led to an unprecedented increase of energy-related agricultural input costs and a prolonged period of high inflation, affecting farmers’ costs and food prices. In parallel, farmers continue to undertake efforts to make their production more environmentally sustainable. Many consumers, dealing with an increased cost of living, have also directed their consumption patterns towards less expensive food products. This has further destabilised the distribution of value added along the food supply chain and has increased the degree of uncertainty in which farmers operate, fuelling protests and mistrust. It is thus appropriate to adopt measures to tackle those challenges and restore the trust of the actors in the food supply chain.

~~– having regard to Rule 60 of its Rules of Procedure,~~

(1) The agricultural sector, in particular farmers, who ensure food security, face a range of challenges. The Covid-19 pandemic, growing instability in world trade, increasingly extreme weather events and Russia’s ongoing war of aggression against Ukraine have led to an unprecedented increase of energy-related agricultural input costs and a prolonged period of high inflation, affecting farmers’ costs and food prices. In parallel, farmers continue to undertake efforts to make their production more environmentally sustainable, and face a significant regulatory burden due to overregulation. Many consumers, dealing with an increased cost of living, have also directed their consumption patterns towards less expensive food products. All the above factors have further destabilised the distribution of value added along the food supply chain and has increased the degree of uncertainty in which farmers, notably small and medium-sized farms, operate, fuelling protests and mistrust. It is thus appropriate to adopt measures to tackle those challenges and to restore fairness and the trust of the actors in the food supply chain, as well as protecting farmers’ incomes and increasing young people’s confidence in the farming profession.

~~– having regard to the report of the Committee on Agriculture and Rural Development (A10-0161/2025),~~

Amendment 2

~~1. Adopts its position at first reading hereinafter set out;~~

Proposal for a regulation

~~2. Calls on the Commission to refer the matter to Parliament again if it replaces, substantially amends or intends to substantially amend its proposal;~~

Recital 1 a (new)

~~3. Instructs its President to forward its position to the Council, the Commission and the national parliaments.~~

Text proposed by the Commission

~~P10_TC1-COD(2024)0319~~

Amendment

Position of the European Parliament adopted at first reading on 16 June 2026 with a view to the adoption of Regulation (EU) 2026/… of the European Parliament and of the Council amending Regulations (EU) No 1308/2013, (EU) 2021/2115 and (EU) 2021/2116 as regards the strengthening of the position of farmers in the food supply chain

(1a) To strengthen the position of farmers in the agri-food supply chain, it is necessary to strengthen the role of producer organisations and cooperatives as generators of added value, through public policies that contribute to improving the cost-effectiveness, visibility and competitiveness of the products of their members, as well as to improve the bargaining power of those farmers.

~~THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,~~

Amendment 3

~~Having regard to the Treaty on the Functioning of the European Union, and in particular Article 42, first paragraph, and Article 43(2), thereof,~~

Proposal for a regulation

~~Having regard to the proposal from the European Commission,~~

Recital 3

~~After transmission of the draft legislative act to the national parliaments,~~

Text proposed by the Commission

▌

Amendment

~~Having regard to the opinion of the European Economic and Social Committee,~~

(3) In the interest of increased trust and fairness along the food supply chain, the terms ‘fair’, ‘equitable’ or equivalent terms, should be used only to designate commercial modalities that ensure stability and transparency in commercial relations between farmers and purchasers and pricing considered equitable by participating farmers, and that support and contribute to the United Nations Sustainable Development Goals, including in a manner that is consistent with Annex I of Directive (EU) 2024/1760 of the European Parliament and of the Council5 .

~~Having regard to the opinion of the Committee of the Regions,~~

(3) In the interest of increased trust and fairness along the food supply chain, the terms ‘fair’, ‘equitable’ or equivalent terms, should be used only with the prior and informed consent of the farmer to designate commercial modalities that ensure stability and transparency in commercial relations between farmers and purchasers and pricing considered equitable by participating farmers, and that support and contribute to the United Nations Sustainable Development Goals, including in a manner that is consistent with Annex I of Directive (EU) 2024/1760 of the European Parliament and of the Council5. It is essential therefore to guarantee transparent pricing, and that value is distributed proportionally along the food chain and reflects the efforts made, and risks assumed, by each party, particularly farmers, who represent the most vulnerable link in that chain.

~~Acting in accordance with the ordinary legislative procedure,~~

__________________

~~Whereas:~~

__________________

(1) The agricultural sector, in particular farmers, who ensure food security, faces a range of challenges. The Covid-19 pandemic, growing instability in world trade, increasingly extreme weather events and Russia’s ongoing war of aggression against Ukraine have led to an unprecedented increase of energy-related agricultural input costs and a prolonged period of high inflation, affecting farmers’ costs and food prices. In parallel, farmers continue to make efforts to ensure that their production is more environmentally sustainable. Already dealing with an increased cost of living, many customers have also been increasingly purchasing and consuming less expensive food products. Those factors have further destabilised the way that added value is distributed along the food supply chain and have increased the degree of uncertainty in which farmers, in particular those farming small and medium-sized farms, operate, fuelling protests and mistrust. It is therefore appropriate to adopt measures to tackle those challenges in order to restore fairness and the trust of actors in the food supply chain, to strengthen the position of farmers and to improve their bargaining power, including through producer organisations and cooperatives as creators of added value, as well as to protect farmers’ incomes and to increase young people’s confidence in the farming profession.

5 Directive (EU) 2024/1760 of the European Parliament and of the Council of 13 June 2024 on corporate sustainability due diligence and amending Directive (EU) 2019/1937 and Regulation (EU) 2023/2859, (OJ L, 2024/1760, 5.7.2024, ELI: http://data.europa.eu/eli/dir/2024/1760/oj).

(2) When developing marketing standards concerning the indication of the place of farming and/or origin, particular attention should be paid to the specific context of each product and sector. Those indications should be determined in the light of the need to better meet expectations of transparency, including through country of origin labelling in line with internal market rules, their relevance for consumers and the structure of the supply chain, while taking into consideration the practical implications for operators and the need to avoid unnecessary complexity.

(3) Various operators within the agricultural and food supply chain, active at different stages of production, processing, marketing, distribution, and retail, have developed schemes and labels to promote commercial modalities that ensure the fair allocation of added value to farmers and the creation and maintenance of short supply chains. Establishing minimum requirements for the use of optional terms to describe those commercial modalities is necessary to increase the transparency and reliability of the use of those terms in the food supply chain, thereby complementing existing food labelling rules, in particular those in Regulation (EU) No 1169/2011 of the European Parliament and of the Council.

Amendment 4

(4) In the interest of increased trust and fairness along the food supply chain, the terms ‘fair’, ‘equitable’, and terms having an equivalent meaning to those terms, should only be used to designate commercial modalities that ensure stability and transparency in commercial relations between farmers and purchasers and pricing that is considered to be equitable and remunerative by participating farmers, and that support and contribute to the United Nations Sustainable Development Goals, including in a manner that is consistent with Annex I to Directive (EU) 2024/1760 of the European Parliament and of the Council.

Proposal for a regulation

(5) The term ‘short supply chain’ should only be used to designate commercial modalities where a direct connection exists between farmers and consumers that allows direct exchanges of information on the production process and the product, including by means of distance communication and/or through an intermediary in the supply chain, and consumers can easily identify the holdings of the participating farmers where the raw material was produced. Alternatively, that term could also be used where a close connection exists between farmers and consumers in geographic proximity to one another, including in cross-border contexts. Geographical proximity should be understood inter alia as a short distance or short travelling time which takes into account the geographical and demographical specificities of the Member States. Such use of the term ‘short supply chain’ will incentivise consumers to pay prices that fairly remunerate farmers for what they produce, strengthen rural areas and contribute to the development and the revitalisation of those areas and improve transparency regarding the origin and production methods of the products. It should apply to products produced in or placed on the internal market.

Recital 3 a (new)

(6) In order to better reflect market conditions, evolving consumer expectations and advances both in marketing standards and in relevant international standards, the power to adopt acts in accordance with Article 290 of the Treaty on the Functioning of the European Union (TFEU) should be delegated to the Commission in respect of amending Regulation (EU) No 1308/2013 of the European Parliament and of the Council by adding additional optional terms that are equivalent to the term ‘fair’ or ‘equitable’ and specifying conditions for the use of the optional terms designating commercial modalities related to the fair allocation of added value to farmers and the creation and maintenance of short supply chains, taking into account any relevant international standards and related quality schemes. It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level, and that those consultations be conducted in accordance with the principles laid down in the Interinstitutional Agreement of 13 April 2016 on Better Law-Making . In particular, to ensure equal participation in the preparation of delegated acts, the European Parliament and ▌ the Council receive all documents at the same time as Member States’ experts, and their experts systematically have access to meetings of Commission expert groups dealing with the preparation of delegated acts.

Text proposed by the Commission

(7) While Member States may retain or introduce national law setting out supplementary requirements for the use of optional terms for commercial modalities, that law should not hinder, limit or obstruct the use of those terms for products legally produced or legally marketed in another Member State.

Amendment

(8) The use of written contracts plays a crucial role in the accountability of operators, raises awareness of the importance of market signals, helps to adapt supply to demand, improves price transmission within the supply chain, enhances transparency and prevents and addresses unfair trading practices. The rules on contractual relations in the milk and milk products sector should therefore be extended to cover products other than raw milk, while ensuring alignment with the rules on contractual relations applicable to other agricultural sectors. However, this Regulation should allow Member States to exempt operators from the obligation to include indicators, indices or methods of calculation of the final price or a revision clause in their written contracts, after consulting the relevant representatives of farmers or the relevant interbranch organisations, provided that the effects of predictability, transparency and price transmission can be achieved by other means or that the obligation to include these elements would not be appropriate or proportionate for other justified reasons.

(3a) To strengthen the Union’s food sovereignty, support farm incomes and ensure sustainable systems, a European preference for Union agricultural products should be promoted, including in public procurement and storage arrangements. This preference should help reduce dependency on imports and should result in production that adds value being ‘reshored’ within the Union.

(9) In order to reflect market developments while also maintaining effective competition in the dairy market, it is appropriate to increase the quantitative limits applicable to the volume of raw milk covered by collective contractual negotiations by recognised producer organisations expressed as a percentage of total Union production and of total volumes produced and delivered in a Member State.

Amendment 5

(10) In order to increase flexibility for Member States and simplify the procedure for the recognition of producer organisations, thereby reducing transaction costs and improving efficiency, the applicable rules should allow for their recognition following a single request covering multiple sectors or products, rather than the current requirement of a single request covering one specific sector, provided that the producer organisation fulfils the conditions applicable to each specific sector for which it seeks recognition. Moreover, ▌ organic producers are able to use the existing possibility for the establishment and recognition of producer organisations to enhance their collaboration. The criteria for the recognition of producer organisations and their statutes should also require that producer organisations be established at the initiative of farmers producing agricultural products of the soil, irrespective of whether the production methods use soil or other growing media, for example in greenhouses, or of stockfarming, and that the producer organisations be controlled in accordance with rules that enable those farmer members to democratically scrutinise their organisation and its decisions. Member States should also be allowed to decide that such democratic scrutiny can be carried out not only directly by the farmers but by their associations, including those in the form of cooperatives, provided that those associations are controlled by farmers. This should not preclude other producers that are not farmers producing agricultural products of the soil or stockfarming, such as first-stage processors or non-producers, from joining producer organisations.

Proposal for a regulation

(11) To promote further sustainable development, which is a core principle of the Treaties and a priority objective for the policies of the Union, and to ensure transparency, stability and fairness in commercial relations between farmers and purchasers throughout the supply chain, Member States should be able to recognise producer organisations that pursue specific aims by using optional terms for commercial modalities, such as ‘fair’ or ‘equitable’, or terms having an equivalent meaning to those terms, and the term ‘short supply chain’.

Recital 4

(12) To ensure a fair standard of living for farmers, to enhance their bargaining position vis-à-vis processors and other actors in the supply chain and to provide for a fairer distribution of added value along the supply chain, the possibility of negotiating contract terms on behalf of their members, for some or all of their production, should be extended to non-recognised producer organisations, including cooperatives or other equivalent legal forms recognised by national law, provided that they comply with the recognition criteria laid down at Union level and engage in the activities set out in Regulation (EU) No 1308/2013, including concentrating supply and placing their members’ products on the market. To ensure equal treatment of members of recognised and non-recognised producer organisations, that possibility should be subject to appropriate limits. In particular, it should only be extended to non-recognised producer organisations ▌ that have submitted an application for recognition to a Member State, within four months of the lodging of that application, or, if no decision is taken within that period by that Member State, within five years of the date of submission of their application, unless the Member State refuses recognition in the meantime.

Text proposed by the Commission

(13) To strengthen the negotiating position of recognised producer organisations and to ensure the viable development of agricultural production, recognised associations of producer organisations should be allowed to negotiate contract terms on behalf of their members, including price, for the products produced by some or all of their members even if they are not genuinely exercising an economic activity themselves provided that their members are genuinely exercising an economic activity . That possibility should be allowed, subject to the safeguard that the organisations that are members of those associations are not also members of another association of producer organisations and the volume of the product covered by the activities of those associations does not exceed 36 % of the total national production of that product in the Member State concerned. Furthermore, in order to maintain effective competition on the market, recognised associations of producer organisations should also not be allowed to negotiate contract terms where those associations include non-recognised producer organisations.

Amendment

(14) The statutes of producer organisations require their members to limit membership to one producer organisation for any given product in order to create stability for the producer organisation, to prevent opportunistic behaviour by members by limiting the possibility for them to freely place their quantities with different producer organisations, and to maintain coherence in the representation of their members. At the same time, it should be possible for a producer to be a member of different producer organisations if the product concerned is a different product of the holding. It is therefore appropriate to clarify that multiple memberships are possible in duly justified cases, provided that the products are sufficiently distinct, with regard, inter alia, to their specific characteristics or the differentiated intended final uses.

(4) The term ‘short supply chain’ should be used only to designate commercial modalities where a direct connection exists between farmers and consumers that allows to directly exchange on the production process and the product, including by means of distance communication and/or via an intermediary who ensures such exchange at the moment of sale. Alternatively, this term may also be used where a close connection between farmers and consumers within their geographic proximity exists, including in cross-border contexts. This will incentivise consumers to pay prices that fairly remunerate farmers for what they produce, strengthen and contribute to the development of rural areas, improve transparency regarding the origin and production methods of the products.

(15) To prevent purchasers from undermining the bargaining position of producer organisations, appropriate safeguards should be established for contacts between purchasers and members of such producer organisations. While purchasers may contact members of producer organisations, making contact with those members should not undermine the objectives of the producer organisations, or the concentration of supply and placing of products on the market, in particular, where such direct contact with members of producer organisations is used to circumvent the joint strategy of producer organisations.

(4) The term ‘short supply chain’ should be used with the prior consent of the farmer and only to designate commercial modalities where a direct connection or a limited number of intermediaries exists between the farmer, cooperatives or producer organisation and consumers that allows to exchange on the production process and the product, including by means of distance communication and/or via an intermediary who ensures such exchange at the moment of sale. Alternatively, this term may also be used where a close connection exists between farmers and consumers, including in the form of online sales, or where geographic proximity exists between them, including in cross-border contexts. Geographic proximity should be measured in terms of reduced transport distance or time. This will incentivise consumers to pay prices that fairly remunerate farmers for what they produce, strengthen and contribute to the development of rural areas, improve transparency regarding the origin and production methods of the products. It should apply to products produced in, and paced on, the single market. This tool will contribute to increased transparency and economic justice and to the revitalisation of rural areas, without prejudice to the functioning of the single market.

(16) In order to reinforce the position of dairy farmers, in particular by strengthening their producer organisations, it is appropriate to align the rules on the statutes of producer organisations and to extend the application of those rules to producer organisations in the dairy sector, thereby enhancing democratic functioning and transparency.

Amendment 6

(17) Interbranch organisations play an important role in facilitating dialogue between actors in the supply chain, and in promoting best practices, market transparency, stability and fairness in commercial relations between farmers and purchasers throughout the supply chain. It is therefore appropriate to include the promotion of initiatives for the inclusion of optional terms for commercial modalities, such as ‘fair’, ‘equitable’ or terms having an equivalent meaning to those terms, and the term ‘short supply chain’ in the list of objectives that a recognised interbranch organisation can pursue.

Proposal for a regulation

(18) Certain Member States require that all deliveries of agricultural products in their territory be covered by written contracts between the relevant parties. Where a Member State does not make use of that possibility, farmers, producer organisations or associations of producer organisations can request the use of written contracts. However, due to their weaker bargaining position and the fear of commercial retaliation by purchasers, it can be difficult for farmers and their associations to make such a request. To increase trust, transparency and efficiency within the supply chain, farmers working at the very beginning of the agricultural food supply chain and their associations, producer organisations and associations of producer organisations should have the benefit of written contracts. Therefore, written contracts should be required when deliveries of agricultural products are made by farmers producing the products of the soil, irrespective of whether their production methods involve the use of soil or other growing media, for example in greenhouses, or of stockfarming on their holdings and when they process those primary agricultural products. Deliveries of such products made by farmers' associations, ▌ producer organisations or associations of producer organisations that process or market such products for farmers should also be covered by a written contract.

Recital 5

(19) In order to take better account of market signals and to improve price transmission, Member States should be able to require the use of written contracts for the delivery of agricultural products, including deliveries by or to other operators in the food supply chain, and to require that purchasers make use of written offers for contracts for the delivery of agricultural products. ▌

Text proposed by the Commission

(20) For the sake of simplicity and reduction of transaction costs, this Regulation should include certain derogations from the required use of written contracts or written offers for contracts, and allow Member States to exempt certain deliveries from the required use of written contracts or written offers for contracts. Farmers and their associations should however retain the right to request a written contract or a written offer for a contract where there is no such obligation. To preserve the role of producer organisations and cooperatives in promoting collective approaches and maximising added value for their members, thereby strengthening the position of farmers in the supply chain, a written contract should not be required for the deliveries by members to their producer organisation or cooperative, provided that the statutes of the producer organisation or cooperative concerned provide for transparent and predictable rules on price transmission, taking into account the impact on the remuneration of farmers.

Amendment

(21) In order to afford Member States the possibility to take into account national or regional practices, this Regulation should allow Member States to exempt products subject to seasonal supply or demand fluctuations or perishability and products that are subject to specific traditional or customary selling practices from the required use of written contracts or written offers for contracts. In addition, Member States should be allowed to exempt certain products other than milk and milk products from the obligation to be the subject of written contracts, after consulting the relevant representatives of farmers or the relevant interbranch organisations, provided that the effects of predictability, transparency and price transmission are achieved by other means for the products concerned or that the obligation that those products be the subject of written contracts or written offers for contracts would not be appropriate or proportionate for those products for other justified reasons. That possibility to exempt certain products from the obligation to be the subject of written contracts should also include the possibility to exempt certain products from certain mandatory elements for such written contracts. In order to protect farmers, the cases in which such exemptions can be granted should be clearly specified .

(5) In light of market conditions, evolving consumer expectations, advances both in marketing standards and in relevant international standards, implementing powers should be conferred on the Commission to ensure uniform conditions for the use of the optional terms designating commercial modalities related to the fair allocation of value added to farmers and the creation and maintenance of short supply chains. Those powers should be exercised in accordance with Regulation (EU) No 182/2011 of the European Parliament and of the Council6.

(22) The required use of written contracts for the delivery of agricultural products and the basic conditions for their use should be laid down at Union level, while ensuring that the right of the parties to negotiate all elements of their contracts is not restricted beyond what is strictly necessary. Nevertheless, Member States should not be prevented from adopting measures to combat unfair trading practices in the agricultural and food supply chain negatively impacting the living standards of the agricultural community, provided that such measures are appropriate and proportionate for securing attainment of the objective pursued and are compatible with Directive (EU) 2019/633 of the European Parliament and of the Council, including its Article 9.

(5) In light of market conditions, evolving consumer expectations, advances both in marketing standards and in relevant international standards, the power to adopt acts in accordance with Article 290 of the Treaty on the Functioning of the European Union should be delegated to the Commission in respect of the use of the optional terms designating commercial modalities related to the fair allocation of value added to farmers and the creation and maintenance of short supply chains. It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level, and that those consultations be conducted in accordance with the principles laid down in the Interinstitutional Agreement of 13 April 2016 on Better Law-Making5a. In particular, to ensure equal participation in the preparation of delegated acts, the European Parliament and the Council receive all documents at the same time as Member States' experts, and their experts systematically have access to meetings of Commission expert groups dealing with the preparation of delegated acts.

(23) To encourage parties to reach an amicable settlement in the case of disputes over the conclusion or review of a written contract, Member States should ensure that mediation or comparable mechanisms are available to the parties. Such mechanisms could include existing mechanisms or new mechanisms which are established for that purpose. They could include, inter alia, organisations representing farmers, interbranch organisations, accredited private mediation services or other independent dispute-resolution bodies. Those mechanisms should be impartial and their use should be voluntary for the contracting parties. Member States should inform the Commission about the ▌ mechanisms in place in their territory ▌ .

__________________

(24) To facilitate the functioning of price transmission mechanisms, where the final price payable for the delivery of agricultural products is calculated by combining various factors set out in the contract, those factors should include objective indicators, indices or methods of calculation that are easily understandable by the parties. To avoid farmers being forced to sell systematically below their production costs, the indicators, indices and methods of calculation of the final price should reflect changes in market conditions and changes in relevant elements of production costs of the agricultural products delivered which impact the remuneration of farmers.

____________________

(25) Considering the vulnerable negotiating position of farmers and their organisations, recent cases of significant volatility in agricultural input costs and market prices, and the need for more efficient price transmission within the supply chain, contracts in the dairy sector with a duration of more than six months, and contracts with a duration of more than 12 months in other agricultural sectors, should include a revision clause that farmers or their organisations can trigger , for example in the event of unforeseen circumstances, such as extreme weather events, animal disease outbreaks, geopolitical tensions, or for any other reason. Such a clause should allow farmers to request ▌, at any time after the first 6 or 12 months, as relevant, a revision of its elements and allow them to end it where no agreement ▌ can be reached. This should be without prejudice to the right of the parties to negotiate other possibilities for the revision of the contract.

5a OJ L 123, 12.5.2016, p. 1, ELI: http://data.europa.eu/eli/agree_interinstit/2016/512/oj.

(26) To enhance contractual transparency and contribute to fairer trading practices, Member States should be able to require the registration of written contracts for the delivery of agricultural products.

6 Regulation (EU) No 182/2011 of the European Parliament and of the Council of 16 February 2011 laying down the rules and general principles concerning mechanisms for control by the Member States of the Commission's exercise of implementing powers (OJ L 55, 28.2.2011, p. 13, ELI: http://data.europa.eu/eli/reg/2011/182/oj).

(27) Certain vertical and horizontal cooperation initiatives concerning agricultural and food products that aim to apply requirements that are more stringent than the mandatory requirements can have positive effects on the common agricultural policy objective of ensuring a fair standard of living for the agricultural community and on the objective of ensuring the sustainable development of the Union. Therefore, in specific cases, such initiatives should not be subject to the application of Article 101(1) TFEU.

Amendment 7

(28) In periods of severe market imbalance, specific categories of collective action by private operators can contribute to stabilising the sectors concerned. Such collective action by private operators might, for example, consist of market withdrawal or free distribution of their products, including by giving them to charity organisations. With a view to ensuring that private operators have the necessary resources to implement those actions, the Commission should be able to make Union resources from the agricultural reserve available to support those actions. Member States should also be able to allocate additional national resources without delay.

Proposal for a regulation

(29) In its Communication of 19 February 2025 entitled ‘A Vision for Agriculture and Food’, the Commission recalls that livestock is an essential part of the Union’s agricultural sector, competitiveness and cohesion. Sustainable livestock systems are crucial for the Union economy, for the viability of rural areas and for the preservation of the environment and rural landscapes. The Union livestock sector is particularly vulnerable to various shocks and global competition and is required to meet high production standards that are not always rewarded by the market. In that context, it is necessary, in the interests of both Union producers and consumers, to acknowledge the natural composition of meat and meat products. Meat-related terms often carry cultural and historical significance. It is therefore appropriate to protect meat-related terms to enhance transparency in the internal market as regards the composition of food and its nutritional content, and to ensure that consumers can make well-informed choices. Such clarity is particularly important for consumers seeking a specific nutritional content traditionally associated with meat products. Therefore, for the purposes and within the scope of Regulation (EU) No 1308/2013 , ‘meat’ should mean the edible parts of animals.

Recital 7

(30) Furthermore, as regards agricultural products listed in Annex I to the TFEU as well as food products not listed in that Annex, certain terms should be reserved for products derived from meat, without prejudice to technological processes used in the production which do not aim to replace in whole or in part meat or any meat constituent, or for products that have a name in which those terms are used in association with a word or words to designate the animal species from which an agricultural product originates, without prejudice to the use of these terms for fishery and aquaculture products as defined in Union legislative acts on the common organisation of the markets in fishery and aquaculture products. In order to take into account that there are certain products not derived from meat, whose exact nature is clear due to an established long-term use and does not cause any possible confusion to the consumer, an empowerment for the Commission should be added to Article 78(3) of Regulation (EU) No 1308/2013 to draw up a list of names, which would be allowed to be used alone or in association with other words , and which takes into account how the terms are used in different languages.

Text proposed by the Commission

(31) To enable sugar beet growers to benefit from enhanced contractual clarity and to ensure a harmonised contractual framework while taking account of the specificity of the sugar beet sector, purchase terms in contracts for the delivery of sugar beet should be aligned with the conditions for the use of written contracts in other agricultural sectors.

Amendment

~~(32) Regulation (EU) No 1308/2013 should therefore be amended accordingly.~~

(7) While Member States may retain or introduce national provisions stipulating supplementary requirements for the use of optional terms for commercial modalities, those provisions should not hinder, limit, or obstruct the use of these terms for products legally produced or marketed in another Member State.

(33) To strengthen the position of farmers in the food supply chain, certain provisions of Regulation (EU) 2021/2115 of the European Parliament and of the Council should be amended as regards the types of intervention that exist in certain sectors. These amendments aim to provide an incentive for farmers to become or to remain members of producer organisations or associations of producer organisations recognised under Regulation (EU) No 1308/2013, in view of the positive role producer organisations and associations of producer organisations play in strengthening the bargaining power of producers. Moreover, to ensure a more efficient and targeted support of producer organisations through strategic plans drawn up by Member States under the common agricultural policy (CAP Strategic Plans), the possibility of an increase in Union financial assistance to operational programmes in certain sectors should be provided for.

(34) In certain Member States, the value of the production of fruit and vegetables marketed by producer organisations compared to the total value of the fruit and vegetable production remains far below the Union average. Among the financial incentives available, Member States can already provide national financial assistance under Article 53 of Regulation (EU) 2021/2115 to producer organisations located in certain regions where the degree to which producers are organised is significantly below the Union average. With a view to enhancing competitiveness, strengthening the position of farmers in the value chain and setting up new producer organisations, a financial incentive consisting of an increase of 10 % of Union financial assistance should be granted to producer organisations in Member States where the degree to which producers are organised is below 10 % for three consecutive years preceding the implementation of the relevant operational programme.

Amendment 8

(35) With a view to facilitating generational renewal in the farming sector and to encouraging new producers to join producer organisations in the fruit and vegetables sector and in other sectors referred to in Article 42, point (f), of Regulation (EU) 2021/2115, an incentive should be granted to young farmers and new farmers who join a producer organisation recognised under Regulation (EU) No 1308/2013. In particular, it should be possible to increase the Union financial assistance for expenditure related to investments made at the premises of young farmers or new farmers who join a recognised producer organisation for the first time▌ by 20 percentage points .

Proposal for a regulation

(36) Given the recurrence of adverse climatic events, natural disasters, plant diseases and pest infestations in recent years, it has proved to be useful for producer organisations and associations of producer organisations to be able to redirect funds, including Union financial assistance within the operational fund, to interventions required to address the consequences of such events. It is therefore necessary to provide for the possibility of increasing the Union financial assistance laid down in Article 52(1), Article 62, Article 65(1) and Article 68 of Regulation (EU) 2021/2115 from 50 % to 70 % of the actual expenditure incurred, subject to certain conditions.

Recital 8

(37) In order to support the setting up of types of intervention in the other sectors referred to in Article 42, point (f), of Regulation (EU) 2021/2115, Member States should be allowed, from 1 January 2025, additional flexibility in the adjustment of the allocation of funds to those sectors. Member States should therefore be able to use up to 6 % of their allocations for direct payments, after assessing the consequences for the level of income support.

Text proposed by the Commission

~~(38) Regulation (EU) 2021/2115 should therefore be amended accordingly.~~

Amendment

(39) With a view to ensuring that Union resources from the agricultural reserve can be made available to the Member States in order to support collective actions by private operators in periods of severe market imbalance, the possibility to use the agricultural reserve should be extended to the support of collective actions where the Commission decides that competition rules do not apply to those actions.

(8) The use of written contracts plays a crucial role in the accountability of operators, raising awareness about the importance of market signals, adapting supply to demand, improving price transmission within the supply chain, enhancing transparency and preventing and addressing unfair trading practices. The rules on contractual relations in the milk and milk products sector should therefore be extended to cover products other than raw milk, while ensuring alignment with the rules on contractual relations applicable to other agricultural sectors.

~~(40) Regulation (EU) 2021/2116 of the European Parliament and of the Council should therefore be amended accordingly.~~

(8) The use of written contracts plays an important role in the accountability of operators, raising awareness about the importance of market signals, adapting supply to demand, improving price transmission within the supply chain, enhancing transparency and preventing and addressing unfair trading practices and respecting pricing that ensures fair remuneration for farmers. At the same time, the use of written contracts is crucial for the prevention of frequent abusive trading practices such as late payments, unilateral cancellation of orders and the retroactive amendment of terms of contract. Those practices particularly affect small producers, who do not have the legal means to defend themselves. The rules on contractual relations in the milk and milk products sector should therefore be extended to cover products other than raw milk, while ensuring alignment with the rules on contractual relations applicable to other agricultural sectors. Implementing these measures will therefore create a framework for agricultural producers, providing them with the necessary protection to capitalise upon and plan their production and, hence contributing to the development of the local economy.

(41) In order to give the market operators the necessary time to adapt and to allow the Commission to assess existing national schemes and practices, the application of the rules relating to the reservation of the optional terms ‘fair’ and ‘equitable’ and terms having an equivalent meaning to those terms, and the term ‘short supply chains’, should be deferred until two years after the date of entry into force of this Regulation. Similarly, in order for operators to adapt their contractual relations to the new rules on written contracts and for producer organisations in the milk sector to adjust their statutes, the application of those rules should be deferred until two years after the date of entry into force of this Regulation. Furthermore, in order to allow market operators to adapt and adjust their marketing strategies, the application of the definitions and reserved designations for meat and meat products should be deferred until three years after the date of entry into force of this Regulation. Products that have been produced or imported in accordance with the rules applicable before the date on which the new rules start to apply should, however, be allowed to continue to be marketed for a maximum period of six years from the date of entry into force of this Regulation or until the date of the exhaustion of stocks, whichever is earlier,

Amendment 9

~~HAVE ADOPTED THIS REGULATION:~~

Proposal for a regulation

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

Recital 9

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

Text proposed by the Commission

▌

Amendment

~~(1) in Article 75(3), point (j) is replaced by the following:~~

(9) In order to increase flexibility for Member States and simplify the procedure for the recognition of producer organisations, thereby reducing transaction costs and improving efficiency, the rules on producer organisations should allow for their recognition following a single request covering multiple sectors and products. Moreover, to enhance collaboration between organic product producers, the establishment and recognition of producer organisations by organic product producers should be explicitly provided for. The criteria for the recognition of producer organisations and their statutes should also provide that producer organisations are established at the initiative of farmers and are controlled in accordance with rules that enable farmer members to scrutinise democratically their organisation and decisions. This should not preclude other producers that are not farmers, and non-producers from joining producer organisations.

~~‘(j) the place of farming and/or origin;’;~~

(9) In order to increase flexibility for Member States and simplify the procedure for the recognition of producer organisations, thereby reducing transaction costs and improving efficiency, the rules on producer organisations should allow for their recognition following a single request covering multiple sectors and products. Moreover, organic product producers are able to use the existing possibility for the establishment and recognition of producer organisations to enhance their collaboration. The criteria for the recognition of producer organisations and their statutes should also provide that producer organisations are established at the initiative of farmers or, in the case of fruit and vegetables, of producers, and are controlled in accordance with rules that enable farmer members to scrutinise democratically their organisation and decisions.

~~(2) Article 78 is amended as follows:~~

Amendment 10

~~(a) paragraph 1 is amended as follows:~~

Proposal for a regulation

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

Recital 10

~~‘(a) all sectors in which edible parts of animals are produced and in particular the beef and veal, pigmeat, sheepmeat and goatmeat, and poultrymeat sectors;’;~~

Text proposed by the Commission

~~(ii) point (d) is deleted;~~

Amendment

~~(b) in paragraph 3, the following subparagraph is added:~~

(10) To promote further sustainable development, which is a core principle of the Treaty and a priority objective for the policies of the Union, and to ensure transparency, stability and fairness in commercial relations between farmers and purchasers throughout the supply chain, Member States should be able to recognise producer organisations that pursue specific aims with optional terms for commercial modalities, such as ‘fair’, ‘equitable’ or equivalent terms, and ‘short supply chain’.

‘As regards Part Ia, point 3, of Annex VII, the Commission is empowered to adopt delegated acts in accordance with Article 227 supplementing this Regulation by granting derogations allowing the use of designations reserved for products derived from meat, for other products the exact nature of which is clear due to an established long-term use and does not cause any possible confusion to the consumer.’;

~~(3) in Part II, Title II, Chapter I, Section 1, the following subsection is inserted:~~

Amendment 11

~~‘Subsection 3a~~

Proposal for a regulation

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

Recital 11

~~Article 88a~~

Text proposed by the Commission

~~Optional terms for commercial modalities~~

Amendment

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

(11) To ensure a fair standard of living for farmers, enhance their bargaining position vis-à-vis processors and other actors in the supply chain and provide for a fairer distribution of added value along the supply chain, the possibility of negotiating contract terms on behalf of their members should be extended to non-recognised producer organisations, including cooperatives, for some or all of their production. To ensure equal treatment with members of recognised producer organisations, this possibility should be subject to appropriate limits. In particular, non-recognised producer organisations benefiting from that possibility should comply with the recognition criteria set at Union level and engage in the activities set out in Regulation (EU) No 1308/2013 of the European Parliament and of the Council7 , including concentrating supply and placing their members’ products on the market.

(a) stability, including through the contracts between the producers and buyers, transparency in the relationships between farmers and purchasers along the supply chain, and transparency in the information about participating farmers;

(11) To ensure a fair standard of living for farmers, enhance their bargaining position vis-à-vis processors and other actors in the supply chain and provide for a fairer distribution of added value along the supply chain, the possibility of negotiating contract terms on behalf of their members should be extended to non-recognised producer organisations, including cooperatives, in accordance with national law, for some or all of their production provided that these organisations have already lodged an application for recognition with a Member State within a maximum period of five years after submitting the application for recognition. To ensure equal treatment with members of recognised producer organisations, this possibility should be subject to appropriate limits. In particular, non-recognised producer organisations benefiting from that possibility should comply with the recognition criteria set at Union level and engage in the activities set out in Regulation (EU) No 1308/2013 of the European Parliament and of the Council7, including concentrating supply and placing their members’ products on the market.

~~(b) a price for their products that is considered by participating farmers to be equitable and remunerative ; and~~

__________________

(c) collective initiatives pursuing one or more of the United Nations Sustainable Development Goals, notably contributing to the development of rural communities, in particular through the promotion of democratically managed collective organisations of farmers.

__________________

~~For the purpose of point (b) of the first subparagraph, the price may take into account relevant available data on production costs.~~

7 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 (OJ L 347, 20.12.2013, p. 671, ELI: http://data.europa.eu/eli/reg/2013/1308/oj).

2. The term ‘short supply chain’ may be used, alone or in combination with other terms, on the labelling of, in the presentation of, on advertising material for or on the commercial documents related to a product of the sectors listed in Article 1(2) that is placed on the market, provided that consumers are able to easily identify the holdings of the participating farmers where the raw material was produced, and the term is used to inform purchasers about existing modalities for the organisation of production, distribution, or placing on the market, that ensure the following:

~~(a) a direct connection between the farmer and the final consumer of the product, with one intermediary if appropriate; or~~

Amendment 12

(b) a close connection ▌ between the farmer and the final consumer of the product, with a limited number of intermediaries, and where the farmer, the intermediaries and the final consumer of the product are in geographical proximity to one another.

Proposal for a regulation

▌

Recital 12

3. The Commission is empowered to adopt delegated acts in accordance with Article 227 to amend this Regulation by adding terms to paragraph 1 of this Article that are equivalent to the term ‘fair’ or ‘equitable’, when such equivalent terms are used on the market to inform purchasers about the commercial modalities referred to in paragraph 1 of this Article and to supplement this Regulation by laying down additional rules or by specifying conditions for the application of paragraphs 1 and 2 of this Article, taking into account any relevant international standard and related quality certified schemes.

Text proposed by the Commission

4. 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 those paragraphs. Such rules shall not prohibit, restrict or impede the use of the terms referred to in those paragraphs for products that are legally produced or marketed in another Member State under the terms referred to in those paragraphs.

Amendment

~~5. This Article shall be without prejudice to the rules laid down in Regulation (EU) No 1169/2011.’;~~

(12) To strengthen the negotiating position of recognised producer organisations and to ensure the viable development of agricultural production, recognised associations of producer organisations should be allowed to negotiate contract terms on behalf of their members, including price, for some or all of their members’ production. This possibility should be allowed, subject to the safeguard that the organisations which are members of those associations are not also members of another association of producer organisations and the volume of products covered by the activities of the association does not exceed 33% of the total national production of any given Member State. In order to maintain effective competition on the market, recognised associations of producer organisations should also not be allowed to negotiate contract terms where those associations include non-recognised producer organisations.

~~(4) Article 148 is replaced by the following:~~

(12) To strengthen the negotiating position of recognised producer organisations and to ensure the viable development of agricultural production, recognised associations of producer organisations should be allowed to negotiate contract terms on behalf of their members, including price, for some or all of their members’ production, except for fruit and vegetables unless expressly requested by the associations of producer organisations. This possibility should be allowed, subject to the safeguard that the organisations which are members of those associations are not also members of another association of producer organisations and the volume of products covered by the activities of the association does not exceed 33% of the total national production of any given Member State or 5 % of production in the Union as a whole. In order to maintain effective competition on the market, recognised associations of producer organisations should also not be allowed to negotiate contract terms where those associations include non-recognised producer organisations.

~~‘Article 148~~

Amendment 13

~~Contractual relations in the milk and milk products sector~~

Proposal for a regulation

1. Deliveries in the Union of milk and milk products by farmers, including farmers’ associations, or by producer organisations or associations of producer organisations, to processors, collectors, distributors or retailers shall be covered by a written contract between those parties.

Recital 12 a (new)

~~The obligation referred to in the first subparagraph shall apply only to the following:~~

Text proposed by the Commission

~~(a) farmers producing raw milk on their holdings or processing the raw milk produced on their holdings into milk and milk products;~~

Amendment

~~(b) farmers’ associations, producer organisations or associations of producer organisations processing or marketing products as referred to in point (a).~~

(12a) To strengthen the position of recognised producer organisations and of recognised associations of producer organisations, they should be given the legal certainty and predictability necessary to carry out their activities in accordance with the objectives laid down in Article 39 TFEU. To that end, Article 152(1a) of Regulation (EU) No 1308/2013 should be amended to specify the activities falling within the scope of the derogation from Article 101(1) TFEU, in accordance with the judgment of the Court of Justice of 14 November 2017 in Case C-671/15.

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

Amendment 14

After consulting the relevant representatives of farmers or the interbranch organisations recognised in accordance with Article 163(1), Member States may decide that the inclusion of indicators, indices or methods of calculation of the final price referred to in paragraph 4, point (c)(i), second indent, of this Article shall not be compulsory and that the delivery shall not be covered by the requirements in paragraph 4, point (c)(iii), regarding a revision clause if the effects of predictability, transparency and price transmission can be otherwise achieved for the milk or milk products concerned, or that the obligation to include the elements referred to in paragraph 4, point (c)(i), second indent, of this Article and paragraph 4, point (c)(iii), of this Article, regarding a revision clause would not be appropriate or proportionate for those products for other justified reasons.

Proposal for a regulation

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.

Recital 13

~~2. Member States may also decide that:~~

Text proposed by the Commission

~~(a) the delivery of milk and milk products by or to operators that are not covered by paragraph 1 is to be covered by a written contract;~~

Amendment

~~(b) ▌ a written offer for a contract for the delivery of milk and milk products is mandatory.~~

In respect of written offers for contracts referred to in point (b) of the first subparagraph of this paragraph, the Member State concerned may decide that such an offer shall be made either by the first purchasers of milk and milk products or by the farmer, including a farmers’ association, or by a producer organisation or an association of producer organisations.

(13) To prevent purchasers from undermining the bargaining position of producer organisations, appropriate safeguards should be established for contacts between purchasers and members of those producer organisations. While purchasers may contact members of producer organisations, those contacts should not undermine the objectives of the producer organisations, or the concentration of supply and placing of products on the market. In parallel, it is recommended that, besides standardised digital tools, farmers should also have the benefit of easily-completable standard contract formats which are available at national level and which can be sent by email, in order to reduce red tape. Moreover, Member States should provide easily accessible online training courses and instructions for the drafting and registration of contracts.

Contracts referred to in point (a) of the first subparagraph of this paragraph or offers for a contract referred to in point (b) of the first subparagraph of this paragraph shall fulfil the conditions laid down in paragraphs 4 and 8.

Amendment 15

3. Member States shall ensure that mediation or comparable mechanisms, including existing mechanisms, are available to the contracting parties . Such mechanisms shall be voluntary for the contracting parties and impartial to cover cases where there is no mutually acceptable contract referred to in paragraphs 1 and 2 or, where there is a contract referred to in paragraphs 1 and 2, for the revision of that contract. Those mechanisms may include representatives of farmers organisations.

Proposal for a regulation

~~Member States shall inform the Commission of the ▌mechanisms referred to in the first subparagraph of this paragraph that are available in their territory.~~

Recital 13 a (new)

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

Text proposed by the Commission

~~(a) be made in advance of the delivery;~~

Amendment

~~(b) be made in writing, including in electronic form; and~~

(13a) Central purchasing bodies operating at transnational level are exerting increasing pressure on agricultural prices, exploiting regulatory and social disparities between the Member States. Those bodies should be regulated as a matter of urgency to protect agricultural producers from abusive contractual practices, the capture of value added and unfair competition as a result of the Union’s social and environmental legislation.

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

Amendment 16

Proposal for a regulation

Recital 15

Text proposed by the Commission

Amendment

(15) Certain Member States have decided that all deliveries of agricultural products in their territory are to be covered by written contracts between the parties. Where the Member States do not make use of this possibility, farmers, producer organisations or associations of producer organisations can request the use of written contracts. However, due to the weaker bargaining position of farmers and the fear of commercial retaliation by purchasers, it can be difficult for farmers and their associations to make such a request. To increase trust, transparency, and efficiency within the supply chain and to enable all farmers, producer organisations and associations of producer organisations to benefit from the use of written contracts, deliveries of agricultural products in the Union by a farmer, a producer organisation or an association of producer organisations to a processor, distributor or retailer should be covered by a written contract.

Amendment 17

Proposal for a regulation

Recital 16

Text proposed by the Commission

Amendment

(16) To better take into account the signals of the market and to improve price transmission, Member States should be able to require the use of written contracts for the delivery of agricultural products by producers other than farmers, by producer organisations or associations of producer organisations, and to require that purchasers make use of written offers for contracts for the delivery of agricultural products. In the interests of simplicity and reduction of transaction costs, this Regulation should lay down certain exceptions to the required use of written contracts or written offers for contracts and allow Member States to exempt certain deliveries from the required use of written contracts or written offers, while leaving farmers and their associations the possibility of requesting the use of written contracts or written offers when there is no such obligation.

(16) To better take into account the signals of the market and to improve price transmission, Member States should be able to require the use of written contracts for the delivery of agricultural products by producers other than farmers, by producer organisations or associations of producer organisations, and to require that producers make use of written offers for contracts for the delivery of agricultural products. In the interests of simplicity and reduction of transaction costs, this Regulation should lay down certain exceptions to the required use of written contracts or written offers for contracts and allow Member States to exempt certain deliveries from the required use of written contracts or written offers, while leaving farmers and their associations the possibility of requesting the use of written contracts or written offers when there is no such obligation. This flexibility should be applied without compromising the protection of farmers, while the exceptions should be clearly defined in order to prevent abusive interpretations and the circumvention of contractual obligations.

Amendment 18

Proposal for a regulation

Recital 17

Text proposed by the Commission

Amendment

(17) The required use of written contracts for the delivery of agricultural products and the basic conditions for their use should be laid down at Union level, while ensuring that the right of the parties to negotiate all elements of their contracts is not restricted beyond what is strictly necessary. However, Member States should not be prevented from taking stricter measures to combat unfair trading practices within the agricultural and food supply chain, provided that those measures are appropriate and proportionate to their objectives, and are compatible with Directive (EU) 2019/633. Simplification of the contracting process, notably by means of standardised and digitalised templates and formats that can be sent by email, is key in order to ensure effective and fair application of these rules, especially in the case of small producers, while sufficient flexibility should be ensured to properly account for the diversity of the farming sector.

Amendment 19

Proposal for a regulation

Recital 18

Text proposed by the Commission

Amendment

(18) To encourage parties to reach an amicable settlement in case of disputes over the conclusion or review of a written contract, Member States should establish mediation mechanisms. Member States should inform the Commission about the mediation mechanisms in place in their territory or the establishment of those mechanisms, and the Commission may facilitate exchanges of best practices about those mechanisms.

(18) To encourage parties to reach an amicable settlement in case of disputes over the conclusion or review of a written contract, Member States should establish mediation mechanisms. Those mediation mechanisms should remain entirely voluntary for all parties. Member States should ensure that when there is no agreement on the formalisation, interpretation or fulfilment of a contract, the parties are able to request mediation. Member States should inform the Commission about the mediation legal framework or mechanisms in place in their territory, and the Commission may facilitate exchanges of best practices about those legal frameworks or mechanisms.

Amendment 20

Proposal for a regulation

Recital 19

Text proposed by the Commission

Amendment

(19) To facilitate the functioning of price transmission mechanisms, where the final price payable for the delivery of agricultural products is calculated by combining various factors set out in the contract, those factors should include objective indicators, indices or methods of calculation that are easily understandable by the parties. To avoid that farmers are forced to sell systematically below their production costs, the indicators, indices and methods of calculation of the final price should reflect changes in market conditions and production costs of the agricultural products delivered. The final price should cover the full production costs including fair remuneration of producers and total costs for additional services. The EU Agri-Food Chain Observatory (AFCO) might be used to provide information on prices in the agri-food chain, cost structures, as well as of distribution of margins and added value, while adhering to confidentiality and competition rules. Wholesale markets could play an important role in building prices mechanisms. They are accredited structures that can ensure prices transparency and contribute to a more balanced distribution along the value chain.

Amendment 21

Proposal for a regulation

Recital 20

Text proposed by the Commission

Amendment

(20) Considering the vulnerable negotiating position of farmers and their organisations, recent instances of significant volatility in agricultural input costs and market prices, and the need for a more efficient price transmission within the supply chain, contracts with a duration of more than 6 months and 12 months for sectors that trade in future markets should include a revision clause that may be triggered by the farmers and their organisations. Such a clause should permit farmers to request after the 6 months at any moment a revision of the elements of the contract and permit them to end the contract in case no agreement on a revision is reached, without interfering with the right of the parties to negotiate other possibilities for the revision of the contract. It should be possible for those contracts to be revised in the light of unforeseen circumstances, such as extreme weather events, animal disease outbreaks, geopolitical tensions, or any other reason that prevents the agreed price from covering the farmers’ costs, which would contribute to better protection of farmers against market volatility and their better adaptation to economic realities.

Amendment 22

Proposal for a regulation

Recital 21

Text proposed by the Commission

Amendment

(21) To enhance contractual transparency and contribute to fairer trading practices, Member States should be able to require the registration of written contracts for the delivery of agricultural products.

(21) To enhance contractual transparency and contribute to fairer trading practices, Member States should be able to require, where justified, the registration of written contracts for the delivery of agricultural products.

Amendment 23

Proposal for a regulation

Recital 22

Text proposed by the Commission

Amendment

(22) Certain vertical and horizontal cooperation initiatives concerning agricultural and food products, which aim to apply requirements that are more stringent than the mandatory requirements, can have positive effects on the objective of the common agricultural policy to ensure a fair standard of living for the agricultural community and on the objective of sustainable development of the Union. Therefore, under specific circumstances, such initiatives should not be subject to the application of Article 101(1) of the Treaty on the Functioning of the European Union.

(22) Certain vertical and horizontal cooperation initiatives concerning agricultural and food products, which aim to apply requirements that could be more stringent, in ethical and social terms, than the mandatory requirements, can have positive effects on the objective of the common agricultural policy to ensure a fair standard of living for the agricultural community and on the objective of socio-economic and sustainable development of rural areas in the Union. Therefore, under specific circumstances, such initiatives should not be subject to the application of Article 101(1) of the Treaty on the Functioning of the European Union.

Amendment 24

Proposal for a regulation

Recital 23

Text proposed by the Commission

Amendment

(23) In periods of severe market imbalance, specific categories of collective actions by private operators can contribute to stabilise the sectors concerned. With a view to ensuring that private operators have the necessary resources to implement these actions, the Commission should be able to make available Union resources from the agricultural reserve to support these actions. Member States should also be able to allocate additional national resources.

(23) In periods of severe market imbalance, specific categories of collective actions by private operators can contribute to stabilise the sectors concerned. With a view to ensuring that private operators have the necessary resources to implement these actions, the Commission should be able to make available Union resources from the agricultural reserve to support these actions, while ensuring feasibility and avoiding negative impact on direct payments. In that regard, the Commission should also make available other Union funding sources, if necessary. Member States should also be able to allocate additional national resources.

Amendment 25

Proposal for a regulation

Recital 26

Text proposed by the Commission

Amendment

(26) To strengthen the position of farmers in the food supply chain, several provisions of Regulation (EU) 2021/2115 of the European Parliament and of the Council8 should be amended as regards the types of intervention in certain sectors. These amendments aim to support farmers to become or remain members of producer organisations or associations of producer organisations recognised under Regulation (EU) No 1308/2013, in light of the positive role these organisations and associations play in strengthening the bargaining power of producers. Moreover, to ensure a more efficient and targeted support of producer organisations through the CAP Strategic Plans, the possibility of an increase of the Union financial assistance to operational programmes in certain sectors should be provided for.

__________________

8 Regulation (EU) 2021/2115 of the European Parliament and of the Council of 2 December 2021 establishing rules on support for strategic plans to be drawn up by Member States under the common agricultural policy (CAP Strategic Plans) and financed by the European Agricultural Guarantee Fund (EAGF) and by the European Agricultural Fund for Rural Development (EAFRD) and repealing Regulations (EU) No 1305/2013 and (EU) No 1307/2013, (OJ L 435, 6.12.2021, p. 1, ELI: http://data.europa.eu/eli/reg/2021/2115/oj).

Amendment 26

Proposal for a regulation

Recital 26 a (new)

Text proposed by the Commission

Amendment

(26a) In order to enhance the competitiveness and sustainability of producers, operational fund co-financing should be primarily directed towards investments directly linked to agricultural production, collective actions benefiting all members of the producers organisations and digitalisation. The administrative and bureaucratic burden on producers organisations in the implementation of operational programmes should be significantly reduced, in order to encourage engagement by beneficiaries.

Amendment 27

Proposal for a regulation

Recital 30

Text proposed by the Commission

Amendment

(30) In order to support the setting-up of types of intervention in the other sectors referred to in Article 42, point (f), of Regulation (EU) 2021/2115, Member States should be allowed, as of 2025, further flexibility to adjust the allocation of funds to these sectors by using up to 6 % of their allocations for direct payment.

Amendment 28

Proposal for a regulation

Recital 32

Text proposed by the Commission

Amendment

(32) With a view to ensuring that Union resources from the agricultural reserve can be made available to the Member States in order to support collective actions by private operators in periods of severe market imbalance, the possibility to use the agricultural reserve should be extended to the support of collective actions when the Commission decides that competition rules do not apply to those actions.

(32) With a view to ensuring that Union resources from the agricultural reserve can be made available to the Member States in a fair and transparent manner in order to support collective actions by private operators in periods of severe market imbalance, the possibility to use the agricultural reserve should be extended to the support of collective actions when the Commission decides that competition rules do not apply to those actions while ensuring feasibility and avoiding negative impact on direct payments.

Amendment 29

Proposal for a regulation

Article 1 – paragraph 1 – point -1 (new)

Regulation (EU) No 1308/2013

Article 1 – paragraph 2 – point l a (new)

Text proposed by the Commission

Amendment

(-1) in Article 1(2), the following point is inserted:

(la) vinegar, Part XIIa;

Amendment 30

Proposal for a regulation

Article 1 – paragraph 1 – point -1 a (new)

Regulation (EU) No 1308/2013

Article 7 – paragraph 2

Present text

Amendment

(-1a) in Article 7, paragraph 2 is replaced by the following:

2. The reference thresholds provided for in paragraph 1 shall be kept under review by the Commission, taking account of objective criteria, notably developments in production, costs of production (particularly inputs), and market trends. When necessary, the reference thresholds shall be updated in accordance with the ordinary legislative procedure in the light of developments in production and markets.

‘2. The reference thresholds shall be subject to regular review in accordance with the seasonality of products, upon a proposal by the EU Agri-food Chain Observatory (AFCO), in the light of economic developments and real production costs. The Commission shall ensure the development of a methodology for the regular revision of those thresholds, based on objective indicators such as inflation, production costs and changes on agricultural markets. Production costs shall include the costs of measures contributing to the implementation or surpassing of the sustainability standards required by Union or national law as defined in Article 210a(3). That methodology shall allow the thresholds to be updated regularly so as to reflect current economic realities and remain an effective tool for stabilising the markets.’

Amendment 31

Proposal for a regulation

Article 1 – paragraph 1 – point -1 b (new)

Regulation (EU) No 1308/2013

Article 11 – paragraph 1 – points e a, e b, e c, e d (new)

Text proposed by the Commission

Amendment

(-1b) in Article 11, the following points are added:

“(ea) white sugar;

(eb) sheep meat falling within CN code 0104 10 30 or 0204;

(ec) pigmeat, fresh, chilled or frozen, falling within CN code 0203;

(ed) chicken, fresh, chilled or frozen, falling within CN code 0207.’

Amendment 32

Proposal for a regulation

Article 1 – paragraph 1 – point -1 c (new)

Regulation (EU) No 1308/2013

Article 15 – paragraph 2 a (new)

Text proposed by the Commission

Amendment

(-1c) in 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.’

Amendment 123

Proposal for a regulation

Article 1 – paragraph 1 – point -1 d (new)

Regulation (EU) No 1308/2013

Article 75

Text proposed by the Commission

Amendment

(-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;";

Amendment 33

Proposal for a regulation

Article 1 – paragraph 1 – point 1

Regulation (EU) No 1308/2013

Article 88a – paragraph 1 – introductory part

Text proposed by the Commission

Amendment

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:

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, with the prior consent of the farmers or their representative organisations, 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:

Amendment 34

Proposal for a regulation

Article 1 – paragraph 1 – point 1

Regulation (EU) No 1308/2013

Article 88a – paragraph 1 – point a

Text proposed by the Commission

Amendment

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

(a) stability, including through contracts between producers and buyers to limit the impact of economic uncertainties, traceability and transparency in the relations of farmers with purchasers along the supply chain;

(aa) promoting the development of democratically managed collective organisations of farmers;

(ab) payment of an additional amount to the producer, in particular to fund joint projects;

Amendment 35

Proposal for a regulation

Article 1 – paragraph 1 – point 1

Regulation (EU) No 1308/2013

Article 88a – paragraph 1 – point b

Text proposed by the Commission

Amendment

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

(b) a price considered equitable and remunerative by participating farmers for their products and work also on the basis of the indications provided by the EU Agri-Food Supply Chain Observatory (AFCO);

Amendment 36

Proposal for a regulation

Article 1 – paragraph 1 – point 1

Regulation (EU) No 1308/2013

Article 88a – paragraph 1 – point c

Text proposed by the Commission

Amendment

(c) collective and socio-economic initiatives pursuing one or several of the United Nations Sustainable Development Goals contributing to the development of rural communities.

Amendment 37

Proposal for a regulation

Article 1 – paragraph 1 – point 1

Regulation (EU) No 1308/2013

Article 88a – paragraph 2 – introductory part

Text proposed by the Commission

Amendment

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:

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), produced in, and placed on, the single market , with the prior consent of the farmers or their representative organisations, 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 at least one of the following conditions:

Amendment 38

Proposal for a regulation

Article 1 – paragraph 1 – point 1

Regulation (EU) No 1308/2013

Article 88a – paragraph 2 – point a

Text proposed by the Commission

Amendment

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

(a) a direct connection or a limited number of intermediaries between the farmer, cooperative or producer organisation and the final consumer of the product, or

Amendment 39

Proposal for a regulation

Article 1 – paragraph 1 – point 1

Regulation (EU) No 1308/2013

Article 88a – paragraph 2 – point b

Text proposed by the Commission

Amendment

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

(b) a close connection, and geographical proximity, understood as a short distance or short travelling time, including cross-border contexts, between the farmer, cooperative or producer organisation and the final consumer of the product.

Amendment 40

Proposal for a regulation

Article 1 – paragraph 1 – point 1

Regulation (EU) No 1308/2013

Article 88a – paragraph 3 – subparagraph 1

Text proposed by the Commission

Amendment

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.

The Commission may adopt delegated acts in accordance with Article 227 in order to supplement this Regulation by specifying 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 and related quality certified schemes.

Amendment 41

Proposal for a regulation

Article 1 – paragraph 1 – point 1

Regulation (EU) No 1308/2013

Article 88a – paragraph 6 a (new)

Text proposed by the Commission

Amendment

6a. The Commission shall assess the feasibility and added value of introducing a harmonised Union visual label on short supply chain products.

Amendment 42

Proposal for a regulation

Article 1 – paragraph 1 – point 2

Regulation (EU) No 1308/2013

Article 148 – paragraph 2 – subparagraph 1 – point a

Text proposed by the Commission

Amendment

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;

a) the delivery of milk and milk products by producers that are not covered by paragraph 1 shall be covered by a written contract;

Amendment 43

Proposal for a regulation

Article 1 – paragraph 1 – point 2

Regulation (EU) No 1308/2013

Article 148 – paragraph 2 – subparagraph 1 – point b

Text proposed by the Commission

Amendment

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.

b) producer organisations, associations of producer organisations or farmers shall make a written offer for a contract for the delivery of milk and milk products to the first purchasers.

Amendment 44

Proposal for a regulation

Article 1 – paragraph 1 – point 2

Regulation (EU) No 1308/2013

Article 148 – paragraph 3 – subparagraph 1

Text proposed by the Commission

Amendment

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 establish a mediation mechanism to cover cases in which there is no mutual agreement on the formalisation, interpretation or fulfilment of a contract referred to in paragraphs 1 and 2 or to revise such a contract. This mechanism shall be voluntary for the contracting parties and impartial and may include representatives of farmers' representative organisations.

Amendment 45

Proposal for a regulation

Article 1 – paragraph 1 – point 2

Regulation (EU) No 1308/2013

Article 148 – paragraph 3 – subparagraph 2

Text proposed by the Commission

Amendment

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

Member States shall inform the Commission of the legal framework for the mediation mechanisms available in their territory.

Amendment 46

Proposal for a regulation

Article 1 – paragraph 1 – point 2

Regulation (EU) No 1308/2013

Article 148 – paragraph 4 – point b

Text proposed by the Commission

Amendment

(b) be made in writing, and

(b) be made in writing, whether on paper or in digital form, and

Amendment 47

Proposal for a regulation

Article 1 – paragraph 1 – point 2

Regulation (EU) No 1308/2013

Article 148 – paragraph 4 – point c – point i – introductory part

Text proposed by the Commission

Amendment

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

~~- be static and set out in the contract; or~~

(i) the price payable for the delivery with explicit indication of all payments, including applicable discounts, which 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 changes in relevant elements of production costs which impact the remuneration of farmers, the quantities delivered and the quality or composition of the milk or milk products delivered; to that effect, Member States may determine indicators, that may be published online for use in contracts, in accordance with ▌ objective criteria based on studies carried out on production and the food supply chain, or taking into account objective data from sources such as interbranch organisations, the EU Agri- food chain Observatory (AFCO) or any relevant objective data available; the parties to the contracts shall be free to refer to those indicators or any other indicators;

Amendment 48

~~(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;~~

Proposal for a regulation

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

Article 1 – paragraph 1 – point 2

~~(iv) details regarding payment periods and procedures, including the application of any reductions agreed between the parties;~~

Regulation (EU) No 1308/2013

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

Article 148 – paragraph 4 – point c – point i – indent 2

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

Text proposed by the Commission

~~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:~~

Amendment

(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, ▌ those statutes provide for transparent and democratically decided rules, made known in advance, for methods for determining the price of the milk or milk products delivered by those members, taking into account the impact on the remuneration of farmers, and the payment periods and procedures;

– 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;

~~(b) 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 for a contract is not required in one or more of the following cases:~~

To that effect, Member States or regional authorities may determine indicators that shall be published online for use in contracts in accordance with objective criteria based on studies carried out on production and the food supply chain, or using data communicated by interbranch organisations recognised in accordance with Article 157 or data from the EU Agri-Food Chain Observatory. The parties to the contracts shall be free to refer to these indicators or any other indicators;

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

Amendment 49

~~(b) the total value of the delivery or deliveries agreed by the parties does not exceed a maximum limit to be determined by the Member State concerned, which is to be no higher than EUR 10 000;~~

Proposal for a regulation

~~(c) the conclusion of the contract and the payment for the milk or milk products take place at the time of delivery;~~

Article 1 – paragraph 1 – point 2

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

Regulation (EU) No 1308/2013

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

Article 148 – paragraph 4 – point c – point iii

▌

Text proposed by the Commission

7. Where, pursuant to paragraph 5, point (b), or paragraph 6, a written contract or a written offer for a contract is not required, a farmer, including a farmers' association, or a producer organisation, or an association of producer organisations may require that any delivery to a processor, distributor, retailer or collector of milk or milk products 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.

Amendment

8. All elements of contracts for the delivery of milk or milk products concluded between farmers, including farmers' associations, or 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:~~

(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 and the contract shall include a revision clause that may be triggered by the farmer, a producer organisation or an association of producer organisations on the basis of unforeseen circumstances, such as extreme weather events, animal disease outbreaks, geopolitical tensions, or any other reason that prevents the agreed price from covering the farmers’ costs;

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

Amendment 50

~~(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;~~

Proposal for a regulation

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

Article 1 – paragraph 1 – point 2

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

Regulation (EU) No 1308/2013

Farmers, including farmers’ associations, or producer organisations or associations of producer organisations may refuse in writing the minimum duration laid down by the Member States pursuant to the second subparagraph.

Article 148 – paragraph 4 – point c – point iv

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

Text proposed by the Commission

~~10. Member States that make use of the options referred to in paragraphs 1, 2, 6, 8 and 9 shall notify the Commission of how those options are applied.~~

Amendment

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

(iv) details regarding payment periods and procedures;

’;

(iv) details regarding payment periods, procedures and the point in time in which the ownership and risk transfer;

~~(5) in Article 149(2), point (c) is replaced by the following:~~

Amendment 51

~~‘(c) provided that, for a particular producer organisation, all of the following conditions are fulfilled:~~

Proposal for a regulation

~~(i) the volume of raw milk covered by such negotiations does not exceed 7 % of total Union production;~~

Article 1 – paragraph 1 – point 2

~~(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~~

Regulation (EU) No 1308/2013

~~(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;’;~~

Article 148 – paragraph 5 – point a

~~(6) Article 152 is amended as follows:~~

Text proposed by the Commission

~~(a) paragraph 1 is amended as follows:~~

Amendment

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

(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;

‘(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;’;

Amendment 52

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

Proposal for a regulation

~~‘(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:’; ▌~~

Article 1 – paragraph 1 – point 2

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

Regulation (EU) No 1308/2013

‘(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;’;

Article 148 – paragraph 5 – point b

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

Text proposed by the Commission

‘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.’;

Amendment

~~(c) in paragraph 1b, the following subparagraph is inserted after the first subparagraph:~~

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

‘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:

deleted

~~(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

10 Commission Recommendation of 6 May 2003 concerning the definition of micro, small and medium-sized enterprises, (OJ L 124, 20.5.2003, p. 36, http://data.europa.eu/eli/reco/2003/361/oj).

▌

Amendment 53

(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.’;

Proposal for a regulation

~~(7) Article 153 is amended as follows:~~

Article 1 – paragraph 1 – point 2

~~(a) in paragraph 1, point (b) is replaced by the following:~~

Regulation (EU) No 1308/2013

(

Article 148 – paragraph 5 – point c

‘(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;

Text proposed by the Commission

~~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.’;~~

Amendment

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

‘(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;’; ▌

deleted

~~(c) paragraph 2a is replaced by the following:~~

Amendment 54

‘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.’;

Proposal for a regulation

~~(d) paragraph 3 is deleted.~~

Article 1 – paragraph 1 – point 2

~~(8) in Article 157(1), point (c), the following point is added:~~

Regulation (EU) No 1308/2013

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

Article 148 – paragraph 6 – point a

~~(9) Article 168 is replaced by the following:~~

Text proposed by the Commission

~~‘Article 168 Contractual relations~~

Amendment

1. Deliveries in the Union of agricultural products from a sector listed in Article 1(2) other than milk and milk products and sugar by farmers, including farmers’ associations, or by producer organisations or associations of producer organisations, to processors, distributors or retailers, shall be covered by a written contract between the relevant parties.

(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;

~~The obligation referred to in the first subparagraph shall apply only to the following:~~

(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 4 000;

~~(a) farmers producing agricultural products of the soil or of stockfarming or processing such products produced on their holdings;~~

Amendment 55

~~(b) farmers’ associations, producer organisations or associations of producer organisations processing or marketing products as referred to in point (a).~~

Proposal for a regulation

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

Article 1 – paragraph 1 – point 2

~~2. Member States may also decide that:~~

Regulation (EU) No 1308/2013

~~(a) the delivery of agricultural products by or to operators that are not covered by paragraph 1 is to be covered by a written contract;~~

Article 148 – paragraph 6 – point a a (new)

~~(b) ▌ a written offer for a contract for the delivery of agricultural products is mandatory;~~

Text proposed by the Commission

In respect of written offers for a contract referred to in point (b) of the first subparagraph of this paragraph, the Member State concerned may decide that such an offer is to be made either by the first purchasers of agricultural products or by the farmer, including a farmers’ association, or by a producer organisation or an association of producer organisations.

Amendment

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

3. Member States shall ensure that mediation or comparable mechanisms, including existing mechanisms, are available to the contracting parties. Such mechanisms shall be voluntary for the contracting parties and impartial to cover cases where there is no mutually acceptable contract referred to in paragraphs 1 and 2 or, where there is a contract referred to in paragraphs 1 and 2, for the revision of that contract. Those mechanisms may include representatives of farmers organisations.

Amendment 56

~~Member States shall inform the Commission of the ▌ mechanisms referred to in the first subparagraph of this paragraph that are available in their territory.~~

Proposal for a regulation

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

Article 1 – paragraph 1 – point 2

~~(a) be made in advance of the delivery,~~

Regulation (EU) No 1308/2013

~~(b) be made in writing, including in electronic form, and~~

Article 148 – paragraph 6 – point a b (new)

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

Text proposed by the Commission

Amendment

(ab) the delivery and the payment for the milk or milk products take place simultaneously or at the latest within 5 working days;

Amendment 57

Proposal for a regulation

Article 1 – paragraph 1 – point 2

Regulation (EU) No 1308/2013

Article 148 – paragraph 7

Text proposed by the Commission

Amendment

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.

7. Where pursuant to paragraph 5, point (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.

Amendment 58

Proposal for a regulation

Article 1 – paragraph 1 – point 2

Regulation (EU) No 1308/2013

Article 148 – paragraph 8 – subparagraph 1

Text proposed by the Commission

Amendment

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.

Amendment 59

Proposal for a regulation

Article 1 – paragraph 1 – point 2

Regulation (EU) No 1308/2013

Article 148 – paragraph 10

Text proposed by the Commission

Amendment

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.

10. Member States that make use of the options referred to in this Article shall notify the Commission of how they are applied.

Amendment 60

Proposal for a regulation

Article 1 – paragraph 1 – point 2 a (new)

Regulation (EU) No 1308/2013

Article 149 – paragraph 2 – point c – points i and ii

Present text

Amendment

(2a) In Article 149(2), point (c) is amended as follows:

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

(i) the volume of raw milk covered by such negotiations does not exceed 4 % of total Union production,

“(i) the volume of raw milk covered by such negotiations does not exceed 10 % 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 33 % of the total national production of that Member State, and

(b) point (ii) is deleted.

Amendment 61

Proposal for a regulation

Article 1 – paragraph 1 – point 3 – point a – point i

Regulation (EU) No 1308/2013

Article 152 – paragraph 1 – point a

Text proposed by the Commission

Amendment

(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);

(a) are constituted by producers in one or several sectors listed in Article 1(2), and are controlled by farmer members, or, in the case of the fruit and vegetables sector, producers, in accordance with Article 153(2), point (c);

Amendment 62

Proposal for a regulation

Article 1 – paragraph 1 – point 3 – point a – point ii

Regulation (EU) No 1308/2013

Article 152 – paragraph 1 – point b – introductory part

Text proposed by the Commission

Amendment

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

(b) are formed on the initiative of farmers, or, in the case of the fruit and vegetables sector, producers, and carry out at least one of the following activities:

Amendment 63

Proposal for a regulation

Article 1 – paragraph 1 – point 3 – point b

Regulation (EU) No 1308/2013

Article 152 – paragraph 1a – subparagraph 1

Text proposed by the Commission

Amendment

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.

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 registered in accordance with national law, 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.

A producer organisation, including a cooperative, or any other equivalent legal form registered according to national law that has applied for recognition but has not been recognised as a producer organisation by a Member State may avail itself of this derogation within five years of the date of submission of the application for recognition.

Amendment 64

Proposal for a regulation

Article 1 – paragraph 1 – point 3 – point b a (new)

Regulation (EU) No 1308/2013

Article 152 – paragraph 1a – subparagraph 3

Present text

Amendment

(ba) in paragraph 1a, the third subparagraph is replaced by the following:

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.

‘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 and in the cases provided for in Article 153(1), point (b).’

Amendment 65

Proposal for a regulation

Article 1 – paragraph 1 – point 3 – point c

Regulation (EU) No 1308/2013

Article 152 – paragraph 1b – subparagraph 2 – introductory part

Text proposed by the Commission

Amendment

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, with the exception of the fruit and vegetables sector unless expressly requested by an association of producer organisations, provided that:

Amendment 66

Proposal for a regulation

Article 1 – paragraph 1 – point 3 – point c

Regulation (EU) No 1308/2013

Article 152 – paragraph 1b – subparagraph 2 – point d

Text proposed by the Commission

Amendment

(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.

(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 or 5 % of the production of the Union as a whole.

Amendment 67

Proposal for a regulation

Article 1 – paragraph 1 – point 4 – point -a (new)

Regulation (EU) No 1308/2013

Article 153 – paragraph 1 – point b

Present text

Amendment

(-a) in paragraph 1, point (b) is replaced by the following:

(b) be members of only one producer organisation for any given product of the holding; 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;

‘(b) be members of only one producer organisation for any given product of the holding; however, Member States may derogate from this condition in duly justified cases where producer members hold two distinct production units located in different geographic areas or where producer members entrust different producer organisations with the marketing of their products, other than the products listed in Parts IX and X of Annex I, intended for different uses, and where these organisations do not therefore compete with each other;’

Amendment 68

Proposal for a regulation

Article 1 – paragraph 1 – point 4 – point -a a (new)

Regulation (EU) No 1308/2013

Article 153 – paragraph 1 – point c a (new)

Text proposed by the Commission

Amendment

(-aa) in paragraph 1, the following point is added:

‘(ca) refrain from any direct contact with purchasers where those individual steps are likely to compromise the collective objectives pursued by the producer organisation, in particular as regards planning, negotiation or placing on the market. Any practice by a purchaser that aims to, or has the effect of, circumventing a producer organisation by directly approaching one or more of its members, where the purchaser is already engaged in negotiations or in a contract with that producer organisation, shall be prohibited and shall be regarded as an unfair commercial practice.’

Amendment 69

Proposal for a regulation

Article 1 – paragraph 1 – point 4 – point b

Regulation (EU) No 1308/2013

Article 153 – paragraph 2a

Text proposed by the Commission

Amendment

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.

2a. The statutes of a producer organisation shall ensure that the objective of concentration of supply is achieved, in particular by ensuring that the producer organisation negotiates and determines the essential elements of sales such as price, quality and volume. The statutes 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 and 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 concentration of supply or the commercial strategy of the organisation.

Amendment 70

Proposal for a regulation

Article 1 – paragraph 1 – point 4 – point c

Regulation (EU) No 1308/2013

Article 153 – paragraph 3

Text proposed by the Commission

Amendment

deleted

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

Amendment 71

Proposal for a regulation

Article 1 – paragraph 1 – point 6

Regulation (EU) No 1308/2013

Article 168 – paragraph 2 – subparagraph 1 – point a

Text proposed by the Commission

Amendment

(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,

(a) the delivery of agricultural products by producers that are not covered by paragraph 1 shall be covered by a written contract,

Amendment 72

Proposal for a regulation

Article 1 – paragraph 1 – point 6

Regulation (EU) No 1308/2013

Article 168 – paragraph 2 – subparagraph 1 – point b

Text proposed by the Commission

Amendment

(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.

(b) producer organisations, associations of producer organisations or farmers shall make a written offer for a contract for the delivery of agricultural products to the first purchasers.

Amendment 73

Proposal for a regulation

Article 1 – paragraph 1 – point 6

Regulation (EU) No 1308/2013

Article 168 – paragraph 3 – subparagraph 1

Text proposed by the Commission

Amendment

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 establish a mediation mechanism to cover cases in which there is no mutual agreement on the formalisation, interpretation or fulfilment of a contract referred to in paragraphs 1 and 2 or on such a contract. That mechanism shall be voluntary for the contracting parties and impartial. That mechanism may involve representatives of farmers' representative organisations.

Amendment 74

Proposal for a regulation

Article 1 – paragraph 1 – point 6

Regulation (EU) No 1308/2013

Article 168 – paragraph 3 – subparagraph 2

Text proposed by the Commission

Amendment

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

Member States shall inform the Commission about the mediation legal framework or mechanisms available in their territory.

Amendment 75

Proposal for a regulation

Article 1 – paragraph 1 – point 6

Regulation (EU) No 1308/2013

Article 168 – paragraph 4 – point b

Text proposed by the Commission

Amendment

(b) be made in writing, and

(b) be made in writing, whether on paper or in digital form, and

Amendment 76

Proposal for a regulation

Article 1 – paragraph 1 – point 6

Regulation (EU) No 1308/2013

Article 168 – paragraph 4 – point c – point i – introductory part

Text proposed by the Commission

Amendment

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

~~- be static and set out in the contract; or~~

(i) the price payable for the delivery with explicit indication of all payments, including applicable discounts, which 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 changes in relevant elements of production costs which impact the remuneration of farmers, the quantities delivered and the quality or composition of the agricultural products delivered; to that effect, Member States may determine indicators, that may be published online for use in contracts in accordance with objective criteria based on studies carried out on production and the food supply chain, or taking into account objective data from sources such as interbranch organisations, by the EU Agri-food chain Observatory (AFCO) or any other relevant objective data available; the parties to the contracts shall be free to refer to those indicators or any other indicators which they deem relevant;

Amendment 77

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

Proposal for a regulation

(iii) the duration of the contract, which may include a definite duration or an indefinite duration with a termination clause and in the case of contracts with a minimum duration longer than twelve months, a revision clause that can be triggered ▌ by the farmer, including a farmers’ association, or by a producer organisation or an association of producer organisations;

Article 1 – paragraph 1 – point 6

~~(iv) details regarding payment periods and procedures including the application of any reductions agreed between the parties;~~

Regulation (EU) No 1308/2013

~~(v) arrangements for collecting or delivering the agricultural products; and~~

Article 168 – paragraph 4 – point c – point i – indent 2

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

Text proposed by the Commission

~~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:~~

Amendment

(a) the agricultural 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 ▌ those statutes, provide for transparent and democratically decided rules, made known in advance, for methods for determining the price of the products delivered by those members, taking into account the impact on the remuneration of farmers, and the payment periods and procedures;

– 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.

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

– be calculated by combining various objective, verifiable and non-manipulable 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, inflation, full production costs, including the remuneration of farmers, the total costs for additional services, the quantities delivered and the quality or composition of the agricultural products delivered; to that effect, Member States or regional authorities may determine indicators, that shall be published online for use in contract, in accordance with objective criteria based on studies carried out on production and the food supply chain, data provided by the interbranch organisations recognised in accordance with Article 157(1), or data from the EU Agri-Food Chain Observatory. The parties to the contracts shall be free to refer to these indicators or any other indicators which they deem relevant.

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

Amendment 78

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

Proposal for a regulation

~~(b) the total value of the delivery or deliveries agreed by the parties does not exceed a maximum limit to be determined by the Member State concerned, ▌ which is to be no higher than EUR 10 000;~~

Article 1 – paragraph 1 – point 6

~~(c) the delivery and payment of the agricultural products concerned take place simultaneously or, for justified reasons, at the latest within 3 working days;~~

Regulation (EU) No 1308/2013

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

Article 168 – paragraph 4 – point c – point iii

~~(e) the delivery concerns agricultural products that are subject to traditional or customary selling practices;~~

Text proposed by the Commission

(f) the delivery concerns agricultural products for which the Member State considers, after consulting the relevant representatives of farmers, or the interbranch organisations recognised for the relevant sectors in accordance with Article 158(1), that the effects of predictability, transparency and price transmission pursued by paragraphs 1 and 4 of this Article have been achieved for those products or that the obligation to have written contracts or written offers for contracts would not be appropriate or proportionate for those products for other justified reasons.

Amendment

7. Where, pursuant to paragraph 5, point (b), or paragraph 6, a written contract or a written offer for a contract is not required, a farmer, including a farmers' association, or 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.

(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;

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

(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 and 12 months for sectors that trade in future markets, 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, on the basis of unforeseen circumstances, such as extreme weather events, animal disease outbreaks, geopolitical tensions, or any other reason that prevents the agreed price from covering the farmers’ costs;

~~Member States may establish one or more of the following:~~

Amendment 79

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

Proposal for a regulation

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

Article 1 – paragraph 1 – point 6

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

Regulation (EU) No 1308/2013

Article 168 – paragraph 4 – point c – point iv

Farmers, including farmers' associations, or producer organisations or associations of producer organisations may refuse in writing the minimum duration laid down by the Member States pursuant to the second subparagraph.

Text proposed by the Commission

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

Amendment

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

(iv) details regarding payment periods and procedures,

(iv) details regarding payment periods, procedures and the point in time in which the ownership and risk transfer,

▌

Amendment 80

~~(10) Article 210a is amended as follows:~~

Proposal for a regulation

~~(a) paragraph 3 is amended as follows:~~

Article 1 – paragraph 1 – point 6

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

Regulation (EU) No 1308/2013

‘(a) environmental objectives, including: climate change mitigation and adaptation; the sustainable use and protection of landscapes, water and soil, including through irrigation systems; the transition to a circular economy, including the reduction of food waste and the nutrient recycling of livestock manure into organic fertilisers or energy production; and pollution prevention and control; as well as the protection and restoration of biodiversity and ecosystems;’;

Article 168 – paragraph 5 – point a

~~(ii) the following points are added:~~

Text proposed by the Commission

‘(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 1217/2009* that are not to exceed 100 000 EUR;

Amendment

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

(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;

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

(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 objectives as the provisions set out in points (a), (b) and (c) of paragraph 4;

▌

Amendment 81

~~_____________~~

Proposal for a regulation

* Council Regulation (EC) No 1217/2009 of 30 November 2009 setting up the Farm Sustainability Data Network (OJ L 328, 15.12.2009, p. 27, ELI: http://data.europa.eu/eli/reg/2009/1217/oj).’;

Article 1 – paragraph 1 – point 6

~~(b) paragraph 6 is replaced by the following:~~

Regulation (EU) No 1308/2013

‘From 8 December 2023, producers 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 that aim to contribute to one or more of the objectives laid down in paragraph 3, points (a), (b) and (c), with this Article.

Article 168 – paragraph 5 – point b

From [two years from the date of entry into force of this amending Regulation], producers 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 that aim to contribute to one or more of the objectives laid down in paragraph 3, points (d), (e) and (f), with this Article.

Text proposed by the Commission

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

Amendment

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 is to apply in the future to the agreement, decision or concerted practice in question and inform the producers accordingly.

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

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

deleted

▌

Amendment 82

~~(11) in Article 222, paragraph 1 is replaced by the following:~~

Proposal for a regulation

‘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:

Article 1 – paragraph 1 – point 6

Regulation (EU) No 1308/2013

Article 168 – paragraph 5 – point c

Text proposed by the Commission

Amendment

deleted

Amendment 83

Proposal for a regulation

Article 1 – paragraph 1 – point 6

Regulation (EU) No 1308/2013

Article 168 – paragraph 6 – point a

Text proposed by the Commission

Amendment

(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;

(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 4 000;

Amendment 84

Proposal for a regulation

Article 1 – paragraph 1 – point 6

Regulation (EU) No 1308/2013

Article 168 – paragraph 6 – point a a (new)

Text proposed by the Commission

Amendment

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

Amendment 85

Proposal for a regulation

Article 1 – paragraph 1 – point 6

Regulation (EU) No 1308/2013

Article 168 – paragraph 6 – point a b (new)

Text proposed by the Commission

Amendment

(ab) the delivery and payment of the agricultural products concerned take place simultaneously or at the latest within 5 working days;

Amendment 86

Proposal for a regulation

Article 1 – paragraph 1 – point 6

Regulation (EU) No 1308/2013

Article 168 – paragraph 6 a (new)

Text proposed by the Commission

Amendment

6a. Member States may, at the request of an interbranch organisation recognised under Article 157(1) or an organisation deemed largely representative of an agricultural sector decide to exempt certain specific sectors from the requirement for a written contract referred to in paragraphs 1 and 2 of this Article, with the exception of the milk sector. This exemption shall apply without prejudice to the provisions of paragraph 7 of this Article.

Amendment 87

Proposal for a regulation

Article 1 – paragraph 1 – point 6

Regulation (EU) No 1308/2013

Article 168 – paragraph 7

Text proposed by the Commission

Amendment

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.

7. Where pursuant to paragraph 5, point (d), or paragraphs 6 and 6a, 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.

Amendment 88

Proposal for a regulation

Article 1 – paragraph 1 – point 6

Regulation (EU) No 1308/2013

Article 168 – paragraph 8 – subparagraph 1

Text proposed by the Commission

Amendment

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.

Amendment 89

Proposal for a regulation

Article 1 – paragraph 1 – point 6

Regulation (EU) No 1308/2013

Article 168 – paragraph 9

Text proposed by the Commission

Amendment

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.

9. Member States may require, where justified, 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, except for seasonal and perishable products.

Amendment 90

Proposal for a regulation

Article 1 – paragraph 1 – point 6

Regulation (EU) No 1308/2013

Article 168 – paragraph 10

Text proposed by the Commission

Amendment

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.

10. Member States that make use of the options referred to in this Article shall notify the Commission of how they are applied.

Amendment 91

Proposal for a regulation

Article 1 – paragraph 1 – point 6 a (new)

Regulation (EU) No 1308/2013

Article 172b

Present text

Amendment

(6a) Article 172b shall be replaced by the following:

Article 172b

‘Article 172b

Guidance by interbranch organisations for the sale of grapes for wines with a protected designation of origin or protected geographical indication

Price guidance by interbranch organisations and groups of producer organisations recognised in accordance with Regulation (EU) 2024/1143 for the sale of grapes, musts and wines in bulk for wines with a protected designation of origin or protected geographical indication

By way of derogation from Article 101(1) TFEU, interbranch organisations recognised under Article 157 of this Regulation operating in the wine sector may provide non-mandatory price guidance indicators concerning the sale of grapes for the production of wines with a protected designation of origin or protected geographical indication, provided that such guidance does not eliminate competition in respect of a substantial proportion of the products in question.

By way of derogation from Article 101(1) TFEU, interbranch organisations recognised under Article 157 of this Regulation and producer groups recognised under Regulation (EU) No 2024/1143 operating in the wine sector may provide non-mandatory price guidance indicators concerning the sale of grapes, musts and wines in bulk used for the production of wines with a protected designation of origin or protected geographical indication, provided that such guidance does not eliminate competition in respect of a substantial part of the products in question.’

Amendment 92

Proposal for a regulation

Article 1 – paragraph 1 – point 6 b (new)

Regulation (EU) No 1308/2013

Article 188 – paragraph 3 a (new)

Text proposed by the Commission

Amendment

(6b) In Article 188, the following paragraph is added:

“3a. Food and feed of plant and animal origin may only be imported from third countries if they comply with obligations related to the maximum residue levels of pesticides in food and feed produced in the Union.”

Amendment 93

Proposal for a regulation

Article 1 – paragraph 1 – point 6 c (new)

Regulation (EU) 1308/2013

Article 189 – paragraph 1

Present text

Amendment

(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:

“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 Article 32(6) and in Article 35(3) of Regulation (EU) No 1307/2013

(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 Article 32(6) and in Article 35(3) of Regulation (EU) No 1307/2013;

(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.

(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;

(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.”

Amendment 94

Proposal for a regulation

Article 1 – paragraph 1 – point 7 – point a

Regulation (EU) No 1308/2013

Article 210a – paragraph 3 – point d

Text proposed by the Commission

Amendment

(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;

(d) supporting the economic viability of small and family farms 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;

__________________

11 Council Regulation (EC) No 1217/2009 of 30 November 2009 setting up the Farm Sustainability Data Network (OJ L 328 15.12.2009, p. 27, ELI: http://data.europa.eu/eli/reg/2009/1217/oj).

Amendment 95

Proposal for a regulation

Article 1 – paragraph 1 – point 7 – point a

Regulation (EU) No 1308/2013

Article 210a – paragraph 3 – point f a (new)

Text proposed by the Commission

Amendment

(fa) promoting local agricultural production;

Amendment 96

Proposal for a regulation

Article 1 – paragraph 1 – point 7 – point a

Regulation (EU) No 1308/2013

Article 210a – paragraph 3 – point f b (new)

Text proposed by the Commission

Amendment

(fb) joint management of waste directly related to agricultural production and a better use of livestock effluents and energy production;

Amendment 97

Proposal for a regulation

Article 1 – paragraph 1 – point 7 – point a

Regulation (EU) No 1308/2013

Article 210a – paragraph 3 – point f c (new)

Text proposed by the Commission

Amendment

(fc) guaranteeing a stable and fair income that covers production costs and a strong position throughout the value chain for farmers;

Amendment 98

Proposal for a regulation

Article 1 – paragraph 1 – point 7 – point a

Regulation (EU) No 1308/2013

Article 210a – paragraph 3 – point f d (new)

Text proposed by the Commission

Amendment

(fd) applying investments for the use of water resources;

Amendment 99

Proposal for a regulation

Article 1 – paragraph 1 – point 7 – point a

Regulation (EU) No 1308/2013

Article 210a – paragraph 3 – point f e (new)

Text proposed by the Commission

Amendment

(fe) contribution to the diversification of activities promoting the rural economy, to the development and attractiveness of rural areas;

Amendment 100

Proposal for a regulation

Article 1 – paragraph 1 – point 7 – point a

Regulation (EU) No 1308/2013

Article 210a – paragraph 3 – point f f (new)

Text proposed by the Commission

Amendment

(ff) promoting cultural and gastronomic heritage to foster education on topics relating to balanced diets;

Amendment 101

Proposal for a regulation

Article 1 – paragraph 1 – point 7 – point a

Regulation (EU) No 1308/2013

Article 210a – paragraph 3 – point f g (new)

Text proposed by the Commission

Amendment

(fg) preserving traditional production practices food security and food sovereignty;

Amendment 102

Proposal for a regulation

Article 1 – paragraph 1 – point 7 – point b

Regulation (EU) No 1308/2013

Article 210a – paragraph 6 – subparagraph 2

Text proposed by the Commission

Amendment

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.

Amendment 147

Proposal for a regulation

Article 1 – paragraph 1 – point 7 a (new)

Regulation (EU) No 1308/2013

Article 210 b (new)

Text proposed by the Commission

Amendment

(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.”

Amendment 103

Proposal for a regulation

Article 1 – paragraph 1 – point 7 b (new)

Regulation (EU) No 1308/2013

Article 219 – paragraph 3 a (new)

Text proposed by the Commission

Amendment

(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 production surplus during the voluntary reduction programme.’

Amendment 104

Proposal for a regulation

Article 1 – paragraph 1 – point 8

Regulation (EU) No 1308/2013

Article 222 – paragraph 1 – subparagraph 1 – point a

Text proposed by the Commission

Amendment

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

▌

(a) market withdrawal or free distribution of their products including to charity bodies;

~~(b) transformation and processing;~~

Amendment 105

~~(c) storage by private operators;~~

Proposal for a regulation

~~(d) joint promotion measures;~~

Article 1 – paragraph 1 – point 8

~~(e) agreements on quality requirements;~~

Regulation (EU) No 1308/2013

~~(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;~~

Article 222 – paragraph 1 – subparagraph 1 – point a a (new)

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

Text proposed by the Commission

Where the Commission adopts implementing acts in accordance with the first subparagraph of this paragraph, 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 without delay of those agreements and decisions by the operators concerned.

Amendment

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

(aa) declassifying surplus organic products for conventional markets;

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

Amendment 106

~~(12) in Article 222a, paragraph 2 is replaced by the following:~~

Proposal for a regulation

‘2. The Commission may decide for which agricultural sectors from those listed in Article 1(2) the Union market observatories shall be established. The Commission may make a specific distinction between organic and non-organic production within those observatories.’;

Article 1 – paragraph 1 – point 8

▌

Regulation (EU) No 1308/2013

~~(13) in Annex VII, the following Part is inserted:~~

Article 222 – paragraph 1 – subparagraph 1 – point g

~~‘PART Ia~~

Text proposed by the Commission

~~Meat and meat products designations~~

Amendment

~~1. For the purposes of this Part, "meat" means the edible parts of an animal falling within the scope of application of this Regulation.~~

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

2. For the purposes of this Part, "meat products" means products derived from meat, on the understanding that substances necessary for their manufacture can be added provided that those substances are not used for the purpose of replacing, in whole or in part, any meat constituent. This is without prejudice to the use of the term "meat" for the products covered by Union law on the common organisation of the markets in fishery and aquaculture.

(g) temporary planning of production taking into account the specific nature of the production cycle, in particular of perishable products.

3. As regards products listed in Annex I to the TFEU as well as food products not listed in that Annex, with the exception of the products covered by Union law on the common organisation of the markets in fishery and aquaculture and of other products listed in a delegated act adopted under Article 78(3), second subparagraph, of this Regulation, the term "meat" and the following terms shall be reserved for meat products and for products that have a name in which the following terms are used in association with a word or words to designate the animal species from which an agricultural product originates, at all stages of marketing:

Amendment 107

~~(a) beef;~~

Proposal for a regulation

~~(b) veal;~~

Article 1 – paragraph 1 – point 8

~~(c) pork;~~

Regulation (EU) No 1308/2013

~~(d) poultry;~~

Article 222 – paragraph 1 – subparagraph 2

~~(e) chicken;~~

Text proposed by the Commission

~~(f) turkey;~~

Amendment

~~(g) duck;~~

~~(h) goose;~~

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, with the possibility for that support to be mobilised immediately in the event of a crisis, provided that it has first assessed the feasibility of such support. Such financial support shall provide the means necessary for the implementation of these agreements and decisions by the operators concerned. The Commission shall ensure that use of funds to support actions under those implementing acts does not compromise direct payments. If necessary, the Commission shall make available other Union funding to support actions under this subparagraph.

~~(i) lamb;~~

Amendment 108

~~(j) mutton;~~

Proposal for a regulation

~~(k) ovine;~~

Article 1 – paragraph 1 – point 8 a (new)

~~(l) goat;~~

Regulation (EU) No 1308/2013

~~(m) drumstick;~~

Article 222a – paragraph 2

~~(n) tenderloin;~~

Present text

~~(o) sirloin;~~

Amendment

~~(p) flank;~~

(8a) in Article 222a, paragraph 2 is replaced by the following:

~~(q) loin;~~

2. The Commission may decide for which agricultural sectors from those listed in Article 1(2) the Union market observatories shall be established.

~~(r) ribs;~~

“2. The Commission may decide for which agricultural sectors from those listed in Article 1(2) the Union market observatories shall be established. It may also decide to distinguish between organic and non-organic production.”

~~(s) shoulder;~~

Amendment 109

~~(t) shank;~~

Proposal for a regulation

~~(u) chop;~~

Article 1 – paragraph 1 – point 8 b (new)

~~(v) wing;~~

Regulation (EU) No 1308/2013

~~(w) breast;~~

Article 222b a (new)

~~(x) thigh;~~

Text proposed by the Commission

~~(y) brisket;~~

Amendment

~~(z) ribeye;~~

(8b) The following Article is inserted:

~~(aa) T-bone;~~

‘Article 222ba

~~(ab) rump;~~

Market disturbance prevention and management plans

~~(ac) bacon;~~

1. In order to fulfil the CAP objectives laid down in Article 39 TFEU, in particular the objective of stabilising the markets, the Commission shall draw up market disturbance prevention and management plans, setting out its intervention strategy for each agricultural product referred to in Article 1 of this Regulation.

~~(ad) steak;~~

2. The Commission shall base its intervention strategy on the work of the Union market observatories referred to in Article 222a.

~~(ae) liver.~~

3. In the event of market disturbances, the Commission shall mobilise in a timely and efficient manner the exceptional measures provided for in Chapter I of Part V, where applicable, in addition to the market intervention measures provided for in Title I of Part II, with a view to rapidly restoring balance on the market concerned while providing the most appropriate responses for each of the sectors affected.

4. In particular, the term ”meat” and the terms listed in point 3 of this Part shall not be used to designate food consisting of, isolated from or produced from cell culture or tissue culture derived from animals, plants, micro-organisms, fungi or algae within the meaning of Regulation (EU) 2015/2283 of the European Parliament and of the Council*.

4. The Commission shall establish a performance framework for the monitoring and evaluation of the market disturbance prevention and management plans during their implementation, and preparation of the corresponding reports.

5. The term ”meat” and the terms listed in point 3 may be used in combination to designate meat products. They may also be used in association with a word or words to designate composite products of which no part takes or is intended to take the place of any meat constituent and of which meat is an essential part either in terms of quantity or for characterisation of the product.

5. By 30 November each year, the Commission shall publish an annual report on the implementation of the market disturbance prevention and management plans and on the improvements made to its intervention strategy. The annual report shall be presented annually to the European Parliament and the Council, and shall aim to evaluate the plan’s performance with regard to the impact, effectiveness, efficiency and coherence of the tools provided for in this Regulation, and to examine the Commission’s use of its prerogatives and the budget with regard to the monitoring, prevention and management of market disturbances.’;

~~▌_____________~~

Amendment 110

* Regulation (EU) 2015/2283 of the European Parliament and of the Council of 25 November 2015 on novel foods, amending Regulation (EU) No 1169/2011 of the European Parliament and of the Council and repealing Regulation (EC) No 258/97 of the European Parliament and of the Council and Commission Regulation (EC) No 1852/2001 (OJ L 327, 11.12.2015, p. 1, ELI: http://data.europa.eu/eli/reg/2015/2283/oj).’;

Proposal for a regulation

~~(14) Annex X is amended as follows:~~

Article 1 – paragraph 1 – point 8 c (new)

~~(a) in Point I, points 1 and 2 are replaced by the following:~~

Regulation (EU) No 1308/2013

~~‘1. Delivery contracts shall be made in writing for a specified quantity of beet before its delivery.~~

Annex I – part XII a (new)

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

Text proposed by the Commission

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

Amendment

‘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 changes in relevant elements of production costs which impact the remuneration of farmers, the quantities delivered and the quality or composition of sugar beet delivered. To that end, Member States may determine indicators, in accordance with objective criteria based on studies carried out on production and the food supply chain, or taking into account objective data from sources such as interbranch organisations, the EU Agri food-chain observatory (AFCO) or any relevant objective data available. Those indicators may be published online for use in contracts. The parties to the contracts shall be free to refer to those indicators or any other indicators. ▌’;

(8c) In Annex I, the following part is inserted:

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

‘PART XIIa

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

Vinegar

~~(d) the following Point is inserted:~~

The vinegar sector includes products other than wine vinegar that are listed in the following table:

~~‘POINT IXa~~

CN code

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

2209 00 91 and 2209 00 99

~~Article 2 Amendments to Regulation (EU) 2021/2115~~

Description

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

Fruit vinegar, including kiwi vinegar, or fruit wine vinegar, berry vinegar or berry wine vinegar, cider vinegar, spirit vinegar, grain vinegar, malt vinegar, distilled malt vinegar, honey vinegar, flavoured vinegar’;

~~(1) Article 52 is amended as follows:~~

Amendment 111

~~(a) paragraph 3 is amended as follows:~~

Proposal for a regulation

~~‘(i) point (e) is replaced by the following:~~

Article 1 – paragraph 1 – point 8 d (new)

‘(e) producer organisations market less than 20 % of fruit and vegetable production in a Member State; that marketing rate shall be calculated, for each year of the duration of an operational programme, as the value of the fruit and vegetable production that was obtained in the Member State concerned and marketed by producer organisations recognised under Regulation (EU) No 1308/2013 during a period corresponding to the reference period set out in delegated acts adopted on the basis of Article 45, point (c), (the value of marketed production), divided by the total value of the fruit and vegetable production obtained in that Member State during the same period;’;

Regulation (EU) No 1308/2013

~~(ii) ▌the following point is added:~~

Annex II – Part III a (new)

‘(i) the producer organisation or the 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 the fruit and vegetable production ▌obtained in the Member State concerned and marketed by producer organisations or associations of producer organisations recognised under Regulation (EU) No 1308/2013 during the three consecutive years preceding the implementation of the operational programme, divided by the total value of the fruit and vegetable production that was obtained in that Member State during the same period;’;

Present text

~~(b) the following paragraph is inserted:~~

Amendment

‘5a. The 50 % limit provided for in paragraph 1 of this Article shall be increased to 70 % for expenditure linked to the objectives referred to in Article 46, point (a), (b) or (c), if the following conditions are fulfilled:

(8d) In Annex II, the following part is inserted:

(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 for the first time a producer organisation recognised under Regulation (EU) No 1308/2013 ;

"PART IIIa

(b) the investments referred to in point (a) are made at the premises of such young farmers or new farmers , as part of their first operational programme or during the three years following the date on which those young farmers or new farmers joined the producer organisation. ▌’;

Definitions concerning the hemp sector

~~(c) the following paragraph is added:~~

“Hemp” means the plant Cannabis sativa L., of varieties listed in the Common Catalogue of Varieties of Agricultural Plant Species grown for its seeds, flowers, fibres, shives and roots."

‘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 that year by adverse climatic events, natural disasters, plant diseases or pest infestations to be identified by the Member States, on condition that the increase is granted only when losses exceed a threshold of at least 30 % of the average annual production of the producer organisation or the association of producer organisations in the preceding three-year period or a three-year average based on the preceding five-year period, excluding the highest and the lowest entry. ▌’;

Amendment 112

~~(2) in Article 62, the following paragraph is added:~~

Proposal for a regulation

‘4. The 50 % limit provided for in paragraph 2 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 that year by adverse climatic events, natural disasters, plant diseases or pest infestations, to be identified by the Member States, on condition that the increase is granted only when losses exceed a threshold of at least 30 % of the average annual production of the producer organisation or the association of producer organisations in the preceding three-year period or a three-year average based on the preceding five-year period, excluding the highest and the lowest entry.’;

Article 1 – paragraph 1 – point 8 e (new)

~~(3) in Article 65(1), the following point is added:~~

Regulation (EU) No 1308/2013

‘(e) 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 that year by adverse climatic events, natural disasters, plant diseases or pest infestations to be identified by the Member States, on condition that the increase is granted only when losses exceed a threshold of at least 30 % of the average annual production of the producer organisation or the association of producer organisations in the preceding three-year period or a three-year average based on the preceding five-year period, excluding the highest and the lowest entry.’;

Annex II – part IV a (new)

~~(4) in Article 68, the following paragraph is inserted:~~

Text proposed by the Commission

~~‘2a. Article 52(3), points (a) to (d), (f), (g) and (h) and Article 52(5a) and (7) shall apply mutatis mutandis.;’~~

Amendment

~~(5) in Article 88, paragraph 7 is replaced by the following:~~

(8e) In Annex II, the following part is inserted:

‘7. From 1 January 2025, Member States may review their decisions referred to in paragraph 6 of this Article as part of a request to amend their CAP Strategic Plans made in accordance with Article 119 and may 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.

"Part IVa

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.’.

Definition concerning the vinegar sector

~~Article 3 Amendment of Regulation (EU) 2021/2116~~

1.The name “vinegar” shall only be used for product obtained exclusively by the biological process of double fermentation, alcoholic and acetous, from liquids or other substances of agricultural origin. It shall always be followed by the indication of the raw material used. With the exception of references to ingredients with flavouring properties, all additional indications are prohibited.

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

2. Notwithstanding paragraph 1 of this Part, the name “vinegar” can be part of a registered protected designation of origin or a protected geographical indication protected under Regulation (EU) 2024/1143, in which case it shall be used in accordance with the specific rules provided by the relevant product specifications and regulations.

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

3. The name “vinegar” shall not be used for mixtures of vinegar and acetic acid food grade.

~~Article 4~~

4. The acetic acid content of vinegar, expressed as their total acidity in g/100 ml, shall be given on the label as "... % acidity".";

~~Transitional measures~~

Amendment 113

Products that do not conform to the designations listed in Part Ia of Annex VII to Regulation (EU) No 1308/2013, and that have been produced in or imported into the Union before the date of application of the designation rules set out therein, may continue to be placed on the market until stocks of those products are exhausted or until … [6 years from the date of entry into force of this amending Regulation], whichever is the earlier.

Proposal for a regulation

~~Article 5 Entry into force and application~~

Article 1 – paragraph 1 – point 8 f (new)

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

Regulation (EU) No 1308/2013

~~Article 1, points (3), (4), (7)(d), (9) and (14) shall apply ▌from [two years from the date of entry into force of this amending Regulation].~~

Annex VIII – part II a (new)

~~Article 1, point (13) shall apply from [three years from the date of entry into force of this amending Regulation].~~

Present text

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

Amendment

~~Done at …,~~

(8f) In Annex VIII, the following part is added:

~~For the European Parliament For the Council~~

‘Part IIa

~~The President The President~~

Meat, meat products and meat preparations

1. For the purposes of this part, ‘meat’ means edible parts of the animals referred to in points 1.2 to 1.8 of Annex I to Regulation (EC) No 853/2004, including blood. The meat-related terms and names that fall under Article 17 of Regulation (EU) No 1169/2011 and are currently used for meat and meat cuts shall be reserved exclusively for the edible parts of the animals.

2. ‘Meat preparations’ means fresh meat, including meat that has been reduced to fragments, which has had foodstuffs, seasonings or additives added to it, or which has undergone processes that do not alter the internal muscle fibre structure of the meat enough for the characteristics of fresh meat to be eliminated.

3. ‘Meat products’ means processed products resulting from the processing of meat or from the further processing of such processed products, so that the cut surface shows that the product no longer has the characteristics of fresh meat. Names that fall under Article 17 of Regulation (EU) No 1169/2011 that are currently used for meat products and meat preparations shall be reserved exclusively for products containing meat.

These names include, for example:

- Steak

- Escalope

- Sausage

- Burger

- Hamburger

- Egg yolk

- Egg white.

4. The poultry products and cuts defined in Regulation (EU) No 543/2008 laying down detailed rules for the application of Council Regulation (EU) No 1234/2007 as regards the marketing standards for poultrymeat shall be reserved exclusively for the edible parts of animals and products containing poultrymeat.

5. The above-mentioned names shall not be used for any product other than the products referred to and shall exclude cell-cultured products.’

Amendment 114

Proposal for a regulation

Article 1 – paragraph 1 – point 9 – point b

Regulation (EU) No 1308/2013

Annex X – point I – point 2

Text proposed by the Commission

Amendment

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.

2. The duration of the delivery contracts may be pluriannual.

Amendment 115

Proposal for a regulation

Article 1 – paragraph 1 – point 9 – point c

Regulation (EU) No 1308/2013

Annex X – point II – point 2

Text proposed by the Commission

Amendment

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.

The price shall be calculated by combining various objective, verifiable and non-manipulable 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, inflation, full production costs, including the remuneration of farmers, the total costs for additional services, the quantities delivered and the quality or composition of the agricultural products delivered. To that effect, Member States or regional authorities may determine indicators, that shall be published online for use in contracts, in accordance with objective criteria based on studies carried out on production and the food supply chain, data provided by the interbranch organisations recognised in accordance with Article 157(1), or data from the EU Agri-Food Chain Observatory. The parties to the contracts shall be free to refer to these indicators or any other indicators which they deem relevant.

Amendment 116

Proposal for a regulation

Article 2 – paragraph 1 – point 1 – point b

Regulation (EU) 2021/2115

Article 52 – paragraph 5a – introductory part

Text proposed by the Commission

Amendment

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:

5a. The 50 % limit provided for in paragraph 1 shall be increased to 70 % for expenditure linked to the objectives referred to in Article 46, points (a), (b) or (c), if the following conditions are fulfilled:

Amendment 117

Proposal for a regulation

Article 2 – paragraph 1 – point 1 – point b

Regulation (EU) 2021/2115

Article 52 – paragraph 5a – point b

Text proposed by the Commission

Amendment

(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.

(b) the investments referred to in point (a) are made at the premises of these young farmers or new farmers or in the case of the fruit and vegetables sector, producers, who join a producer organisation recognised under Regulation (EU) No 1308/2013 for the first time, as part of their first operational programme and during the 7 years following the date on which young farmers or new farmer joined the producer organisation.

Amendment 118

Proposal for a regulation

Article 2 – paragraph 1 – point 1 – point c a (new)

Regulation (EU) 2021/2115

Article 52 – paragraph 7 a (new)

Text proposed by the Commission

Amendment

(ca) the following paragraph is added:

“7a. The provisions in paragraph 7 of this Article may be extended to all products covered by Articles 42 to 68.”

Amendment 119

Proposal for a regulation

Article 2 – paragraph 1 – point 3

Regulation (EU) 2021/2115

Article 88 – paragraph 7 – subparagraph 1

Text proposed by the Commission

Amendment

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.

Amendment 120

Proposal for a regulation

Article 3 a (new)

Regulation (EU) 2024/1143

Article 37 – paragraph 5

Present text

Amendment

Article 3a

Amendment of Regulation (EU) 2024/1143

In Article 37, paragraph 5 is replaced by the following:

5. Where agricultural products are designated by a geographical indication, an indication of the name of the producer or operator shall appear in the labelling, in the same field of vision as the geographical indication. In that case, the name of the operator shall be understood as the name of the operator responsible for the production stage at which the product to be covered by the geographical indication is obtained, or responsible for carrying out substantial processing of that product.

“5. Where agricultural products are designated by a geographical indication, an indication of the name of the producer or operator shall appear in the labelling, in the same field of vision as the geographical indication. In that case, the name of the operator shall be understood as the name of the operator responsible for the production stage at which the product to be covered by the geographical indication is obtained, or responsible for carrying out substantial processing of that product.

In the case of spirit drinks designated by a geographical indication, an indication of the name of the producer shall appear in the labelling, in the same field of vision as the geographical indication.

Where packaging or containers have as their largest surface that described in Article 16(2) of Regulation (EU) No 1169/2011, the indication of the name of the producer or operator shall be voluntary.

Agricultural products and spirit drinks that are marketed under a geographical indication, which were labelled before 14 May 2026, may continue to be placed on the market without complying with the obligation to indicate the name of the producer or operator in the same field of vision as the geographical indication, until existing stocks are exhausted.

Agricultural products that are marketed under a geographical indication, which were labelled before 14 May 2026, may continue to be placed on the market without complying with the obligation to indicate the name of the producer or operator in the same field of vision as the geographical indication, until existing stocks are exhausted."