Sittings · Document

DRAFT REPORT (COM(2024)0577 – C100209/2024 – 2024/0319(COD)) 2025-04-01

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

Committee on Agriculture and Rural Development · Rapporteur: Céline Imart

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Amendments by Parliament in the form of a consolidated text

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DRAFT EUROPEAN PARLIAMENT LEGISLATIVE RESOLUTION

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 – C100209/2024 – 2024/0319(COD))

(Ordinary legislative procedure: first reading)

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

– having regard to Article 294(2), Article 42, first subparagraph, 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),

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

– having regard to the opinion of the European Economic and Social Committee of ...,

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

– having regard to the report of the Committee on Agriculture and Rural Development (A100000/2025),

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

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

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

Amendment 1

Proposal for a regulation

Recital 3

Text proposed by the Commission

Amendment

(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 .

(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, particularly by means of multi-annual contracts, 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 .

__________________

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).

Or. fr

Amendment 2

Proposal for a regulation

Recital 4

Text proposed by the Commission

Amendment

(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.

(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, provided that the latter is produced in the Union, including by means of distance communication and/or via a limited number of intermediaries who ensure 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 geographical proximity may be expressed through a 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.

Or. fr

Amendment 3

Proposal for a regulation

Recital 11

Text proposed by the Commission

Amendment

(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.

(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, provided that these organisations have already lodged an application for recognition with a Member State within a maximum period of five years of 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.

__________________

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).

Or. fr

Amendment 4

Proposal for a regulation

Recital 12

Text proposed by the Commission

Amendment

(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.

(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 or 5% of production in the EU 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.

Or. fr

Amendment 5

Proposal for a regulation

Article 1 – paragraph 1 – point 1

Regulation (EU) No 1308/2013

Article 88 a – 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, in particular through multi-annual contracts between producers and buyers, traceability and transparency in the relations of farmers with purchasers along the supply chain,

Or. fr

Amendment 6

Proposal for a regulation

Article 1 – paragraph 1 – point 1

Regulation (EU) No 1308/2013

Article 88 a – paragraph 1 – point b a (new)

Text proposed by the Commission

Amendment

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

Or. fr

Amendment 7

Proposal for a regulation

Article 1 – paragraph 1 – point 1

Regulation (EU) No 1308/2013

Article 88 a – 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 reduced number of intermediaries, between the farmer and the final consumer of the product, provided that the latter is produced in the European Economic Area; or

Or. fr

Amendment 8

Proposal for a regulation

Article 1 – paragraph 1 – point 1

Regulation (EU) No 1308/2013

Article 88 a – 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, between the farmer and the final consumer of the product.

Or. fr

Amendment 9

Proposal for a regulation

Article 1 – paragraph 1 – point 2

Regulation (EU) No 1308/2013

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

Text proposed by the Commission

Amendment

– 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;

– 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 the true production costs, including the farmer’s compensation, changes in market conditions, 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, or using data communicated by interbranch organisations recognised in accordance with Article 157(1). The parties to the contracts shall be free to refer to these indicators or any other indicators;

Or. fr

Amendment 10

Proposal for a regulation

Article 1 – paragraph 1 – point 2

Regulation (EU) No 1308/2013

Article 148 – paragraph 5 – point a

Text proposed by the Commission

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, these statutes contain provisions having similar effects to the provisions set out in paragraph 4;

(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 that are identical to or go further than the provisions set out in paragraph 4;

Or. fr

Amendment 11

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, in accordance with Article 153(2), point (c);’;

Or. fr

Amendment 12

Proposal for a regulation

Article 1 – paragraph 1 – point 3 – point b

Regulation (EU) No 1308/2013

Article 152 – paragraph 1 a – 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.’; A producer organisation, including a cooperative, that has not been recognised as a producer organisation by a Member State may avail itself of this derogation if it has applied for recognition within five years of the date of submission of the application for recognition.

Or. fr

Amendment 13

Proposal for a regulation

Article 1 – paragraph 1 – point 3 – sous-point c

Regulation (EU) No 1308/2013

Article 152 – paragraph 1 b – 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 EU as a whole.

Or. fr

Amendment 14

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 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;’;

Or. fr

Amendment 15

Proposal for a regulation

Article 1 – paragraph 1 – point 6

Regulation (EU) No 1308/2013

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

Text proposed by the Commission

Amendment

– 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.

– 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 the real production costs, including the farmer’s compensation, changes in market conditions, 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, or using data communicated by interbranch organisations recognised in accordance with Article 157(1). The parties to the contracts shall be free to refer to these indicators or any other indicators which they deem relevant.

Or. fr

Amendment 16

Proposal for a regulation

Article 1 – paragraph 1 – point 6

Regulation (EU) No 1308/2013

Article 168 – paragraph 5 – point a

Text proposed by the Commission

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 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;

(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 that are identical to or go further than the provisions set out in points (a), (b) and (c) of paragraph 4;

Or. fr

Amendment 17

Proposal for a regulation

Article 1 – paragraph 1 – point 6

Regulation (EU) No 1308/2013

Article 168 – paragraph 6 – subparagraph 3 a (new)

Text proposed by the Commission

Amendment

Member States may, at the request of an interbranch organisation recognised under Article 157(1) or, failing that, an organisation considered representative of a whole agricultural sector, decide to exempt certain specific sectors from the obligation for written contracts set out 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.

Or. fr

Amendment 18

Proposal for a regulation

Article 1 – paragraph 1 – point 7 – point a

Regulation (EU) No 1308/2013

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

Text proposed by the Commission

Amendment

(fa) promotion of local agricultural production;

Or. fr

Amendment 19

Proposal for a regulation

Article 1 – paragraph 1 – point 7 – point a

Regulation (EU) No 1308/2013

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

Text proposed by the Commission

Amendment

(fb) joint management of waste directly related to agricultural production;

Or. fr

Amendment 20

Proposal for a regulation

Article 1 – paragraph 1 – point 7 – point a

Regulation (EU) No 1308/2013

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

Text proposed by the Commission

Amendment

(fc) guarantee of a stable and fair income and a strong position throughout the value chain for farmers;

Or. fr

Amendment 21

Proposal for a regulation

Article 1 – paragraph 1 – point 7 – point a

Regulation (EU) No 1308/2013

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

Text proposed by the Commission

Amendment

(fd) contribution to the diversification of activities promoting the rural economy;

Or. fr

Amendment 22

Proposal for a regulation

Article 1 – paragraph 1 – point 7 – point a

Regulation (EU) No 1308/2013

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

Text proposed by the Commission

Amendment

(fe) contribution to the upgrading of rural areas as well as cultural and gastronomic heritage to promote education on themes concerning to food safety and balanced diets.

Or. fr

Amendment 23

Proposal for a regulation

Article 1 – paragraph 1 – point 7 – point b

Regulation (EU) No 1308/2013

Article 210 a – 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.

Or. fr

Amendment 24

Proposal for a regulation

Article 1 – paragraph 1 – point 9 – point b

Regulation (EU) No 1308/2013

Annex X – point 1 – 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.

Or. fr

EXPLANATORY STATEMENT

Strengthening farmers’ position in the agri-food value chain is still one of farmers’ main demands following the protests in Europe in early 2024. Faced with a highly fragmented farming sector, while actors downstream are grouped into powerful structures, farmers find themselves in a weaker position of power and have very limited bargaining power.

In light of that asymmetry, balanced power relations in the value chain must be restored. The proposed reform of Regulations (EU) No 1308/2013, (EU) 2021/2115 and (EU) 2021/2116 by the European Commission achieves that to some extent by introducing a number of mechanisms designed to put producers in a stronger position.

Among the planned developments, the amendment of Regulation (EU) No 1308/2013 introduces the possibility of using new terms like ‘fair’ and ‘equitable’. While that approach is a step in the right direction, since it allows farmers to use marketing tools to add value to their products, the current definitions of those terms are too vague. There is a risk that more demanding national systems will be made weaker. The criteria for how those terms are used should therefore be made clearer.

A number of elements could also be introduced to improve the definition of the term ‘short supply chain’. Firstly, the direct connection between producer and consumer should at least involve European production in order to prevent products imported from third countries from bypassing the scheme. Secondly, the number of intermediaries should be limited and geographic proximity should be specified to include distances or transport time as criteria.

Contracting is one of the cornerstones of the European Commission’s proposal. It is essential in the milk sector, where it enables more transparently regulated trade relations in a market where farmers have to deal with considerable price fluctuations. The principle of contracting must also be supported in other farming sectors, while providing the possibility for derogation if a Member State’s farming sector so requests. Derogation does not affect the possibility granted to farmers, producer organisations (POs) and associations of producer organisations (APOs) to request that a contract be drawn up. That derogation could not be applied to the milk sector. The sugar sector should also be able to continue to enjoy some of its own specific characteristics.

In a number of sectors, the need to be able to set up POs, depending on the product’s final destination, is necessary to ensure certain sectors are strengthened with regard to first purchasers. At the same time, the Commission’s proposal to introduce specific POs for organic production does not seem suitable, because it could pit production models against each other.

The Commission’s intention to grant producer organisations that have not been recognised possible derogations from competition law is a measure designed to simplify and safeguard many existing practices. However, the system should be regulated to benefit non-recognised producer organisations by starting a recognition process. The possibility of derogations from Article 101 TFEU rules for associations of producer organisations if they do not carry out a real economic activity is also a step forward. However, simply taking account of national production could act as a brake in certain sectors, and an alternative threshold of no more than 5 % of European production for ‘managing’ associations of producer organisations should be introduced.

With regard to competition law and the derogations provided for in Article 210a, the concept of ‘sustainability’ should be defined in more detail in order to assess the three following aspects of sustainable development: economic, social and environmental. In particular, it is proposed that objectives be added with regard to farms’ economic resilience, fair remuneration for producers and the preservation of rural areas.

ANNEX: ENTITIES OR PERSONS FROM WHOM THE RAPPORTEUR HAS RECEIVED INPUT

Pursuant to Article 8 of Annex I to the Rules of Procedure, the rapporteur declares that she received input from the following entities or persons in the preparation of the draft report, prior to the adoption thereof in committee:

Entity and/or person

European Commission - DG AGRI

FNPL

INTERFEL

Felcoop

CNAOC

Chambres d’Agriculture de France

ANPP

European Milk Board

CEFS

AGPM

Fair Trade Advocacy Office

UNPT

La Coopération agricole

FNSEA

CIBE

The list above is drawn up under the exclusive responsibility of the rapporteur.

Where natural persons are identified in the list by their name, by their function or by both, the rapporteur declares that she has submitted to the natural persons concerned the European Parliament’s Data Protection Notice No 484 (https://www.europarl.europa.eu/data-protect/index.do), which sets out the conditions applicable to the processing of their personal data and the rights linked to that processing.