in force 2026-03-18 MODIFIED+1,310 −22§
Amended by Regulation (EU) 2026/471 32026R0471
applies from: unchanged
The heading and text now extend the derogation to cover musts and wines in bulk in addition to grapes, and add recognised producer groups referred to in Article 33 of Regulation (EU) 2024/1143 alongside interbranch organisations, with a new representativeness condition tied to Article 164(3) and Article 166a(2).
The provision is also restructured into numbered paragraphs, with the original single paragraph becoming paragraph 1 and a new paragraph 2 added that allows the national competition authority referred to in Article 5 of Regulation (EC) No 1/2003 to decide that price guidance indicators be modified, discontinued or not provided, sets out notification duties to the Commission, and states that such decisions do not apply earlier than their notification to the undertakings concerned.
The prior version contained none of these elements, consisting only of the single unnumbered paragraph limited to interbranch organisations and grapes.
Cited: Art. 172b, v2 · Art. 172b, v1
text before / after
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before (02013R1308-20241108)
Article 172b Guidance by interbranch organisations for the sale of grapes for wines with a protected designation of origin or protected geographical indication By way of derogation from Article 101(1) TFEU, interbranch organisations recognised under Article 157 of this Regulation operating in the wine sector may provide non-mandatory price guidance indicators concerning the sale of grapes for the production of wines with a protected designation of origin or protected geographical indication, provided that such guidance does not eliminate competition in respect of a substantial proportion of the products in question.
after (02013R1308-20260318)
Article 172b Guidance by interbranch organisations and producer groups for the sale of grapes, musts and wines in bulk with a protected designation of origin or protected geographical indication 1. By way of derogation from Article 101(1) TFEU, interbranch organisations recognised under Article 157 of this Regulation and recognised producer groups referred to in Article 33 of Regulation (EU) 2024/1143 operating in the wine sector, where such organisations and groups are considered to be representative in accordance with Article 164(3) and Article 166a(2) of this Regulation in the relevant geographical area, may provide non-mandatory price guidance indicators concerning the sale of grapes, musts and wines in bulk for the production of wines with a protected designation of origin or protected geographical indication, provided that such guidance does not eliminate competition in respect of a substantial proportion of the products in question. 2. The national competition authority referred to in Article 5 of Regulation (EC) No 1/2003 may decide in individual cases that, in future, one or more of the price guidance indicators referred to in paragraph 1 of this Article are to be modified, discontinued or not provided at all if it considers that this is necessary in order to prevent competition being eliminated in respect of a substantial proportion of the products in question or if it considers that the objectives set out in Article 39 TFEU are jeopardised. When acting under the first subparagraph of this paragraph, the national competition authority shall inform the Commission in writing before or without delay after initiating the first formal measure of the investigation and shall notify the Commission of the decisions without delay after their adoption. The decisions referred to in this paragraph shall not apply earlier than the date of their notification to the undertakings concerned.