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Competition Policy

Guidelines on the application of the specific rules set out in Articles 169, 170 and 171 of the CMO Regulation for the olive oil, beef and veal and arable crops sectors

Policy field

Antitrust

 

Target group

Public authorities, citizens, companies and organisations are welcome to contribute to this consultation. Contributions are particularly sought from stakeholders within the agricultural field of olive oil, beef and veal and arable crops sectors.

 

Consultation period

From 15.01.2015 until 05.05.2015

 

Objective of the consultation

The 2013 CAP Reform introduced new rules for olive oil, beef and veal and the arable crops sectors. These rules are a new Derogation to competition rules. This Derogation sets a new standard for allowing joint-selling by producers which is specific to the agricultural sector. Following the agreement by Parliament and the Council in June 2013, the Commission announced that it will provide guidelines about potential competition issues arising in the implementation of these new rules. These Guidelines are meant to ensure consistency across EU Member States in line with the request made by the Parliament in the legislative process and reflected in Article 206 of the CMO Regulation. The Guidelines are also meant to help producers, authorities and courts implement the new rules by addressing practical and technical issues raised by the new rules. The purpose of this consultation is for all stakeholders to comment on the draft text prepared by the Commission and provide input or raise questions on the implementation of these new rules. The consultation aims at identifying issues which can hinder and /or facilitate the implementation, as well as give concrete answers to certain questions set out in the draft text of the Guidelines.

 

How to submit your contribution

  • We welcome contributions from citizens, organisations and public authorities. Contributions are particularly sought from stakeholders within the sectors of olive oil, beef and veal and arable crops.
  • You are invited to respond to this consultation in any official EU language. Given the possible delays in translating comments submitted in certain languages, translations of the replies into one of the Commission's working languages (preferably English) would be welcome to enable the Commission to process them more swiftly.
  • In your reply, please indicate whether you are replying as citizen, organisation or public authority. If your organisation is registered in the Transparency Register, please indicate your Register ID number. If your organisation is not registered, we invite you to register now, although it is not compulsory to be registered to reply to the consultation. Contributions from organisations not registered will be published under a separate header.
  • Please submit your contribution in an electronic format to: COMP-E-TF-FOOD@ec.europa.eu
    Please always indicate the reference number in your correspondence: HT. 4145 "CAP Reform – Guidelines"
  • In the course of the public consultation, the Commission will hold a conference on 4 March 2015 gathering stakeholders, National Competition Authorities and Ministries of Agriculture. The Commission will present and discuss with participants the draft text of the Guidelines. Any interested party is invited to attend the conference and may attend provided it is registered for the conference in advance. The invitation to the conference is available here  and gives further instructions to proceed with registration.
  • Received contributions will be published on this webpage. Submissions that are clearly marked "confidential" will be treated as such and not published. In that case please also provide a non-confidential version of your reply. It is important to read the privacy statement attached here to this consultation for information on how your personal data and contribution will be dealt with.
  • Please note that we cannot guarantee to take account of replies received after the deadline.

 

View the consultation document

 

Reference documents and other related consultations

 

Contact details

Responsible service: Directorate-General for Competition - Task Force Food
Please always indicate the reference number HT. 4145 "CAP Reform – Guidelines"

email: COMP-E-TF-FOOD@ec.europa.eu

Postal address:
European Commission
Directorate-General for Competition
Task Force Food
MADO 06/59
Ref.: HT.4145
1049 Bruxelles / Brussels
Belgique /België

 

Access the invitation to the conference

"Conference on antitrust Guidelines in the agricultural sector", 4 March 2015, Charlemagne Building, rue de la Loi 170, Brussels. The invitation is available here. It gives further instructions how to proceed with the mandatory registration. The programme of the conference is available here .

Video of the conference (MP4)

The presentations from the conference are available here:

  • Description of the new derogation
  • Alternative assessment possibilities of contractual negotiations
  • Conditions of the new derogation
  • Safeguard clause
  • Presentation of the 'Significant Efficiency Test'
  • List of activities carried out by the POS in the three sectors - Joint distribution
  • List of activities carried out by the POs in the three sectors - Joint organising of quality control
  • List of activities carried out by the POs in the three sectors - Joint use of equipment or storage
  • List of activities carried out by the POs in the three sectors - Joint procurement of inputs
  • List of activities carried out by the POS in the three sectors - Joint packaging, labelling or promotion
  • List of activities carried out by the POs - Joint management of waste (beef and veal, olive oil sectors)
  • List of activities carried out by the POs - Joint processing of olive oil

 

Replies to the consultation

  • Belgium - Flemish Ministry of Agriculture  
  • Coordinadora de Organizaciones de Agricultores y Ganaderos 
  • Coop de France
  • Cooperativas Agro-Alimentarias  
  • Czech Republic - Agricultural Association  
  • Denmark - Danish Agriculture and Food Council  
  • European Parliament - Committee on Agriculture and Rural Development  - annex  
  • European Farmers & European Agri-Cooperatives (Copa & Cogeca)  
  • Finland - Central Union of Agricultural Producers and Forest Owners  
  • Finland - Ministry of Agriculture and Forestry 
  • Finland - Finnish Competition and Consumer Authority  
  • France - Elvea 
  • France - Permanent Representation  - annex 
  • Germany - Bundesministerium für Wirtschaft und Energie  
  • Italy - Italian Competition Authority 
  • Legale Genchi
  • Netherlands - Nederlandse Akkerbouw Vakbond 
  • Racine Avocats 
  • Spain - Ministry of Agriculture, Food and Environment  
  • Union de Pequeños Agricultores 
  • United Kingdom - National Farmers' Union  

 

Related links