Art. 166a

02013R1308-20231208 → 02013R1308-20240513

Article 166a Regulation of supply of agricultural products with a protected designation of origin or protected geographical indication 1. Without prejudice to Articles 167 and 167a of this Regulation, at the request of a producer organisation or association of producer organisations recognised under Article 152(1) or 161(1) of this Regulation, an interbranch organisation recognised under Article 157(1) of this Regulation, a producer group of operators as referred to in Article 3(2) 32 of Regulation (EU) No 1151/2012 2024/1143 or a recognised producer group of producers as referred to in Article 95(1) 33 of this Regulation, Regulation (EU) 2024/1143, Member States may lay down, for a limited period of time, binding rules for the regulation of the supply of agricultural products referred to in Article 1(2) of this Regulation benefiting from a protected designation of origin or from a protected geographical indication under Article 5(1) 46(1) and (2) of Regulation (EU) No 1151/2012 2024/1143 or under Article 93(1), points (a) and (b), of this Regulation. Where a recognised producer group referred to in Article 33 of Regulation (EU) 2024/1143 exists, the producer group referred to in Article 32 of that Regulation shall not have that right. 2. The rules referred to in paragraph 1 of this Article shall be subject to the existence of a prior agreement that is to be concluded between at least two-thirds of the producers of the product as referred to in … 383 unchanged words … raw material and shall have the aim of adapting the supply of that product to demand; (b) shall have effect only on the product and, where applicable, the raw material, concerned; (c) may be made binding for no more than three years, except at the request of a recognised producer group as referred to in Article 33 of Regulation (EU) 2024/1143 where that period may be up to six years, but may be renewed after that period following a new request, as referred to in paragraph 1; 1 of this Article; (d) shall not damage trade in products other than those concerned by those rules; (e) shall not relate to any transaction after the first marketing of the product concerned; (f) shall not allow for price fixing, including where prices are set for guidance or recommendation; (g) shall not render unavailable an excessive proportion of the product concerned that would otherwise be available; (h) shall not create discrimination, constitute a barrier for new entrants in the market, or lead to small producers being adversely affected; (i) shall contribute to maintaining the quality of the product concerned or to the development of the product concerned. (j) shall be without prejudice to Article 149 and Article 152(1a). 5. The rules referred to in paragraph 1 shall be published in an official publication of the Member State concerned. 6. Member States shall carry out checks in order to ensure that the conditions laid down in paragraph 4 are complied with. Where the competent national authorities find that such conditions have not been complied with, Member States shall repeal the rules referred to in paragraph 1. 7. Member States shall notify the Commission forthwith of the rules referred to in paragraph 1 which they have adopted. The Commission shall inform other Member States of any notification of such rules. 8. The Commission may at any time adopt implementing acts requiring that a Member State repeal the rules laid down by that Member State pursuant to paragraph 1 of this Article if the Commission finds that those rules do not comply with the conditions laid down in paragraph 4 of this Article, prevent or distort competition in a substantial part of the internal market or jeopardise free trade or the attainment of the objectives of Article 39 TFEU. Those implementing acts shall be adopted without applying the procedures referred to in Article 229(2) and (3) of this Regulation.