Version in force , Modified +667 −62§
Amended by Regulation (EU) 2026/1739 32026R1739 on EUR-Lex (external, EUR-Lex)
Explanation, written by a model and checked against the cited text
A new subparagraph was added allowing the Commission, when it adopts implementing acts under the first subparagraph, to decide to make Union support from the agricultural reserve referred to in Article 16 of Regulation (EU) 2021/2116 available to the Member States concerned, with such support providing the means necessary for the operators concerned to implement the agreements and decisions without delay.
The provision on the implementing acts specifying the scope and duration of the derogation was reworded to also cover, where applicable, the amount of the agricultural reserve allocated to the Member State concerned under the newly added subparagraph, whereas the earlier text only referred to specifying the substantive and geographic scope and the period of the derogation.
Cited: Art. 222, v2 (external, EUR-Lex) · Art. 222, v1 (external, EUR-Lex)
v1 is the previous version, v2 this one.
Text from EUR-Lex, before and after
Previous version, in force 18 March 2026 02013R1308-20260318 → this version, in force 18 August 2026 02013R1308-20260818
Article 222
Application of Article 101(1) TFEU
1. During periods of severe imbalance in markets, the Commission may adopt implementing acts to the effect that Article 101(1) TFEU is not to apply to agreements and decisions of farmers, farmers' farmers’ associations, or associations of such associations, or recognised producer organisations, associations of recognised producer organisations and recognised interbranch organisations in any of the sectors referred to in Article 1(2) of this Regulation, provided that such agreements and decisions do not undermine the proper functioning of the internal market, strictly aim to stabilise the sector concerned and fall under one or more of the following categories:
(a) market withdrawal or free distribution of their products;
(b) transformation and processing;
(c) storage by private operators;
(d) joint promotion measures;
(e) agreements on quality requirements;
(f) joint purchasing of inputs necessary to combat the spread of pests and diseases in animals and plants in the Union or of inputs necessary to address the effects of natural disasters in the Union;
(g) temporary planning of production taking into account the specific nature of the production cycle.
Where the Commission adopts implementing acts in accordance with the first subparagraph of this paragraph, it may decide to make Union support from the agricultural reserve referred to in Article 16 of Regulation (EU) 2021/2116 available to the Member States concerned. Such financial support shall provide the means necessary for the implementation without delay of those agreements and decisions by the operators concerned.
The Commission shall specify in adopt implementing acts specifying the substantive and geographic scope of the derogation of the first subparagraph of this derogation paragraph, and, subject to paragraph 3, the period for which the derogation applies. applies, as well as, where applicable, the amount of the agricultural reserve allocated to the Member State concerned under the second subparagraph of this paragraph.
Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 229(2).
2. Paragraph 1 shall apply only if the Commission has already adopted one of the measures referred to in this Chapter, if products have been bought in under public intervention or if aid for private storage referred to in Chapter I of Title I of Part II has been granted.
3. The agreements and decisions referred to in paragraph 1 shall only be valid for a period of up to six months.
However, the Commission may adopt implementing acts authorising such agreements and decisions for a further period of up to six-months. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 229(2).