in force 2018-01-01 MODIFIED+810 −2§
Amended by Regulation (EU) 2017/2393 32017R2393
applies from: unchanged
Paragraph 1 now also refers to producer organisations recognised under Article 161, in addition to those recognised under Article 152, as bodies whose agreements, decisions and concerted practices may fall outside Article 101(1) TFEU.
Paragraph 2 adds new text allowing farmers, farmers' associations, associations of such associations, or producer organisations recognised under Article 152 or Article 161, or associations of producer organisations recognised under Article 156, to request an opinion from the Commission on the compatibility of their agreements, decisions and concerted practices with the objectives set out in Article 39 TFEU, and sets out that the Commission shall deal with such requests promptly, send its opinion within four months of a complete request, and may change the content of an opinion on its own initiative or at the request of a Member State, in particular where the applicant provided inaccurate information or misused the opinion.
Cited: Art. 209, v2
text before / after
02013R1308-20170801 → 02013R1308-20180101
Article 209
Exceptions for the objectives of the CAP and farmers and their associations
1. Article 101(1) TFEU shall not apply to the agreements, decisions and practices referred to in Article 206 of this Regulation necessary for the attainment of the objectives set out in Article 39 TFEU.
Article 101(1) TFEU shall not apply to agreements, decisions and concerted practices of farmers, farmers' associations, or associations of such associations, or producer organisations recognised under Article 152 or Article 161 of this Regulation, or associations of producer organisations recognised under Article 156 of this Regulation, which concern the production or sale of agricultural products or the use of joint facilities for the storage, treatment or processing of agricultural products, unless the objectives of set out in Article 39 TFEU are jeopardised.
This paragraph shall not apply to agreements, decisions and concerted practices which entail an obligation to charge an identical price or by which competition is excluded.
2. Agreements, decisions and concerted practices which fulfil the conditions referred to in paragraph 1 of this Article shall not be prohibited, no prior decision to that effect being required.
However, farmers, farmers’ associations, or associations of such associations, or producer organisations recognised under Article 152 or Article 161 of this Regulation, or associations of producer organisations recognised under Article 156 of this Regulation, may request an opinion from the Commission on the compatibility of those agreements, decisions and concerted practices with the objectives set out in Article 39 TFEU.
The Commission shall deal with requests for opinions promptly and shall send the applicant its opinion within four months of receipt of a complete request. The Commission may, at its own initiative or at the request of a Member State, change the content of an opinion, in particular if the applicant has provided inaccurate information or misused the opinion.
In any national or Union proceedings for the application of Article 101 TFEU, the burden of proving an infringement of Article 101(1) TFEU shall rest on the party or the authority alleging the infringement. The party claiming the benefit of the exemptions provided in paragraph 1 of this Article shall bear the burden of proving that the conditions of that paragraph are fulfilled.