Art. 210

02013R1308-20201229 → 02013R1308-20211207

Article 210 Agreements and concerted practices of recognised interbranch organisations 1. Article 101(1) TFEU shall not apply to agreements, decisions and concerted practices of interbranch organisations recognised under Article 157 of this Regulation with which are necessary in order to meet the object of carrying out the activities objectives listed in Article 157(1), point (c) of Article 157(1) and, for the milk and milk products sector, in point (c) of Article 157(3) (c), of this Regulation, and, for Regulation or, as regards the olive oil and table olives and tobacco sectors, the objectives listed in Article 162 of this Regulation. Regulation, and which are not incompatible with Union rules under paragraph 4 of this Article. Agreements, decisions and concerted practices which fulfil the conditions referred to in the first subparagraph of this paragraph shall not be prohibited, no prior decision to that effect being required. 2. Paragraph 1 shall apply provided that: (a) Recognised interbranch organisations may request an opinion from the Commission concerning the compatibility of agreements, decisions and concerted practices referred to therein have been notified to the Commission; and (b) within two months of receipt of all the details required the Commission has not found that those agreements, decisions or concerted practices are incompatible with Union rules. Where the Commission finds that the agreements, decisions or concerted practices as referred to in paragraph 1 are incompatible with Union rules, it this Article. The Commission shall set out send the requesting interbranch organisation its finding without applying opinion within four months of receipt of a complete request. If the procedure Commission finds at any time after issuing an opinion that the conditions referred to in paragraph 1 of this Article 229(2) are no longer met, it shall declare that Article 101(1) TFEU shall apply in the future to the agreement, decision or (3). concerted practice in question and inform the interbranch organisation accordingly. The Commission may change the content of an opinion at its own initiative or at the request of a Member State, in particular if the requesting interbranch organisation has provided inaccurate information or misused the opinion. 3. The agreements, decisions and concerted practices referred to in paragraph 1 may not be put into effect before the lapse of the two-month period referred to in point (b) of the first subparagraph of paragraph 2. 4. Agreements, decisions and concerted practices shall in any case be declared incompatible with Union rules if they: (a) may lead to the partitioning of markets within the Union in any form; (b) may affect the sound operation of the market organisation; (c) may create distortions of competition which are not essential to achieving the objectives of the CAP pursued by the interbranch organisation activity; (d) entail the fixing of prices or the fixing of quotas; (e) may create discrimination or eliminate competition in respect of a substantial proportion of the products in question. 5. If, following the expiry of the two-month period referred to in point (b) of the first subparagraph of paragraph 2, the Commission finds that the conditions for applying paragraph 1 have not been met, it shall, without applying the procedure referred to in Article 229(2) or (3), take a decision declaring that Article 101(1) TFEU applies to the agreement, decision or concerted practice in question. That Commission decision shall not apply earlier than the date of its notification to the interbranch organisation concerned, unless that interbranch organisation has given incorrect information or abused the exemption provided for in paragraph 1. 6. In the case of multiannual agreements, the notification for the first year shall be valid for the subsequent years of the agreement. However, in that event, the Commission may, on its own initiative or at the request of another Member State, issue a finding of incompatibility at any time. 7. The Commission may adopt implementing acts laying down the measures necessary for the uniform application of this Article. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 229(2).