Changes from report parliamentary committee draft to plenary report

AddedArticle 1 – paragraph 1 – point -1 c (new), Article 15 – paragraph 2 a (new): (-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.’

Added(02013R1308 Part II – Title I – Chapter I – Section 2)

Regulation (EU) No 1308/2013

Change 6

RemovedArticle 1 – paragraph 1 – point 2, Article 148 – paragraph 4 – point c – point i – indent 2: – 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;

AddedArticle 1 – paragraph 1 – point 1, Article 88a – paragraph 1 – introductory part: 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:

Regulation (EU) No 1308/2013

Change 7

RemovedArticle 1 – paragraph 1 – point 2, Article 148 – paragraph 5 – point a: (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;

AddedArticle 1 – paragraph 1 – point 1, Article 88a – paragraph 1 – point a: (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;

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Change 8

RemovedArticle 1 – paragraph 1 – point 3 – point a – point i, Article 152 – paragraph 1 – point a: (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);’;

AddedArticle 1 – paragraph 1 – point 1, Article 88a – paragraph 1 – point b: (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);

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Change 9

RemovedArticle 1 – paragraph 1 – point 3 – point b, Article 152 – paragraph 1 a – subparagraph 1: 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.

AddedArticle 1 – paragraph 1 – point 1, Article 88a – paragraph 1 – point c: (c) collective and socio-economic initiatives pursuing one or several of the United Nations Sustainable Development Goals contributing to the development of rural communities.

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Change 10

RemovedArticle 1 – paragraph 1 – point 3 – sous-point c, Article 152 – paragraph 1 b – subparagraph 2 – point d: (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.

AddedArticle 1 – paragraph 1 – point 1, Article 88a – paragraph 2 – introductory part: 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:

Regulation (EU) No 1308/2013

Change 11

RemovedArticle 1 – paragraph 1 – point 4 – point -a (new), Article 153 – paragraph 1 – point b: (-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;’;

AddedArticle 1 – paragraph 1 – point 1, Article 88a – paragraph 2 – point a: (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

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Change 12

RemovedArticle 1 – paragraph 1 – point 6, Article 168 – paragraph 4 – point c – point i – point 2: – 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.

AddedArticle 1 – paragraph 1 – point 1, Article 88a – paragraph 2 – point b: (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.

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Change 13

RemovedArticle 1 – paragraph 1 – point 6, Article 168 – paragraph 5 – point a: (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;

AddedArticle 1 – paragraph 1 – point 1, Article 88a – paragraph 3 – subparagraph 1: 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.

Regulation (EU) No 1308/2013

Change 14

RemovedArticle 1 – paragraph 1 – point 6, Article 168 – paragraph 6 – subparagraph 3 a (new): 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.

AddedArticle 1 – paragraph 1 – point 1, Article 88a – paragraph 6 a (new): 6a. The Commission shall assess the feasibility and added value of introducing a harmonised Union visual label on short supply chain products.

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Change 15

RemovedArticle 1 – paragraph 1 – point 7 – point a, Article 210 a – paragraph 3 – point f a (new): (fa) promotion of local agricultural production;

AddedArticle 1 – paragraph 1 – point 2, Article 148 – paragraph 2 – subparagraph 1– point a: a) the delivery of milk and milk products by producers that are not covered by paragraph 1 shall be covered by a written contract;

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Change 16

RemovedArticle 1 – paragraph 1 – point 7 – point a, Article 210 a – paragraph 3 – point f b (new): (fb) joint management of waste directly related to agricultural production;

AddedArticle 1 – paragraph 1 – point 2, Article 148 – paragraph 2 – subparagraph 1 – point b: 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.

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Change 17

RemovedArticle 1 – paragraph 1 – point 7 – point a, Article 210 a – paragraph 3 – point f c (new): (fc) guarantee of a stable and fair income and a strong position throughout the value chain for farmers;

AddedArticle 1 – paragraph 1 – point 2, Article 148 – paragraph 3 – subparagraph 1: 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.

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Change 18

ChangedArticle 1 – paragraph 1 – point 7 – point a,2, Article 210 a148 – paragraph 3 – point fsubparagraph d2: (new):Member (fd)States contributionshall toinform the diversificationCommission of activitiesthe promotinglegal framework for the ruralmediation economy;mechanisms available in their territory.

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Change 19

RemovedArticle 1 – paragraph 1 – point 7 – point a, Article 210 a – paragraph 3 – point f e (new): (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.

AddedArticle 1 – paragraph 1 – point 2, Article 148 – paragraph 4 – point b: (b) be made in writing, whether on paper or in digital form, and

Regulation (EU) No 1308/2013

Change 20

RemovedArticle 1 – paragraph 1 – point 7 – point b, Article 210 a – paragraph 6 – subparagraph 2: From [entry into force +2 years], producers as referred to in paragraph 1 may request an opinion from the Commission concerning the compatibility of agreements, decisions and concerted practices as referred to in paragraph 1 with regard to the implementation of sustainability standards aiming to contribute to one or more of the objectives laid down in paragraph 3 points (d) to (f)(e), with this Article.

AddedArticle 1 – paragraph 1 – point 2, Article 148 – paragraph 4 – point c – point i – introductory part: (i) the price payable for the delivery with explicit indication of all payments, including applicable discounts, which shall:

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Change 21

RemovedArticle 1 – paragraph 1 – point 9 – point b, Annex X – point 1 – point 2: 2. The duration of the delivery contracts may be pluriannual.

AddedArticle 1 – paragraph 1 – point 2, Article 148 – paragraph 4 – point c – point i – indent 2: – be calculated by combining various objective, verifiable, 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, total costs for additional services, the quantities delivered and the quality or composition of the milk and milk 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, 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;

AddedRegulation (EU) No 1308/2013

AddedArticle 1 – paragraph 1 – point 2, Article 148 – paragraph 4 – point c – point iii: (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;

AddedRegulation (EU) No 1308/2013

AddedArticle 1 – paragraph 1 – point 2, Article 148 – paragraph 4 – point c – point iv: (iv) details regarding payment periods, procedures and the point in time in which the ownership and risk transfer;

AddedRegulation (EU) No 1308/2013

AddedArticle 1 – paragraph 1 – point 2, Article 148 – paragraph 5 – point a: (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 objectives as the provisions set out in paragraph 4;

AddedRegulation (EU) No 1308/2013

AddedArticle 1 – paragraph 1 – point 2, Article 148 – paragraph 5 – point b: deleted / (deleted)

AddedRegulation (EU) No 1308/2013

AddedArticle 1 – paragraph 1 – point 2, Article 148 – paragraph 5 – point c: deleted

AddedRegulation (EU) No 1308/2013