Art. 149

02013R1308-20260318 → 02013R1308-20260818

Article 149 Contractual negotiations in the milk and milk products sector 1. A producer organisation in the milk and milk products sector which is recognised under Article 161(1) may negotiate on behalf of its farmer members, in respect of part or all of their joint production, contracts for the delivery of raw milk by a farmer to a processor of raw milk, or to a collector within the meaning of the third subparagraph of Article 148(1). 2. The negotiations by the producer organisation may take place: (a) whether or not there is a transfer of ownership of the raw milk by the farmers to the producer organisation; (b) whether or not the price negotiated is the same as regards the joint production of some or all of the farmer members; (c) provided that, for a particular producer organisation, all of the following conditions are fulfilled: (i) the volume of raw milk covered by such negotiations does not exceed 4 7 % of total Union production, production; (ii) the volume of raw milk covered by such negotiations which is produced in any particular Member State does not exceed 33 36 % of the total national production of that Member State, State; and (iii) the volume of raw milk covered by such negotiations which is delivered in any particular Member State does not exceed 33 36 % of the total national production of that Member State; (d) provided that the farmers concerned are not members of any other producer organisation which also negotiates such contracts on their behalf; however, Member States may derogate from this condition in … 451 unchanged words … small or medium-sized enterprise within the meaning of Recommendation 2003/361/EC. 8. The Member States in which negotiations take place in accordance with this Article shall notify the Commission of the application of point (f) of paragraph 2 and of paragraph 6.