in force 2021-12-07 MODIFIED+517 −47§
Amended by Regulation (EU) 2021/2117 32021R2117
applies from: unchanged
The description of the price-calculation method in point (c)(i) of paragraph 4 has been expanded to specify that the market-condition factors used may consist of objective indicators, indices and methods of calculation of the final price that are easily accessible and comprehensible.
It further adds that these indicators may be based on relevant prices, production and market costs, that Member States may determine such indicators using objective criteria drawn from studies of production and the food supply chain, and that contracting parties remain free to refer to these or any other indicators they consider relevant, none of which appeared in the earlier text.
Cited: Art. 168, v2 · Art. 168, v1
text before / after
02013R1308-20201229 → 02013R1308-20211207
Article 168
Contractual relations
1. Without prejudice to Article 148 concerning the milk and milk products sector and Article 125 concerning the sugar sector, if a Member State decides, in respect of agricultural products from a sector listed in Article 1(2), other … 363 unchanged words … to in paragraphs 1 and 1a shall:
(a) be made in advance of the delivery;
(b) be made in writing; and
(c) include, in particular, the following elements:
(i) the price payable for the delivery, which shall:
be static and be set out in the contract, contract and/or
be calculated by combining various factors set out in the contract, which may include market indicators reflecting objective indicators, indices and methods of calculation of the final price, that are easily accessible and comprehensible and that reflect changes in market conditions, the quantities delivered and the quality or composition of the agricultural products delivered, delivered; those indicators may be based on relevant prices, production and market costs; to that effect, Member States may determine indicators, in accordance with objective criteria based on studies carried out on production and the food supply chain; the parties to the contracts are free to refer to these indicators or any other indicators which they deem relevant.
(ii) the quantity and quality of the products concerned which may or must be delivered and the timing of such deliveries,
(iii) the duration of the contract, which may include either a definite duration or an indefinite duration with termination clauses,
(iv) … 399 unchanged words … 4 and paragraph 5 of this Article and measures relating to notifications to be made by the Member States in accordance with this Article.
Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 229(2).