Amendments to Regulation (EU) No 1308/2013
Article 1
Regulation (EU) No 1308/2013 is amended as follows: (1) in Article 75(3), point (j) is replaced by the following: ‘(j) the place of farming and/or origin;’ ; (2) Article 78 is amended as follows: (a) paragraph 1 is amended as follows: (i) point (a) is replaced by the following: ‘(a) all sectors in which edible parts of animals are produced and in particular the beef and veal, pigmeat, sheepmeat and goatmeat, and poultrymeat sectors;’ ; (ii) point (d) is deleted; (b) in paragraph 3, the following subparagraph is added: ‘As regards Part Ia, point 3, of Annex VII, the Commission is empowered to adopt delegated acts in accordance with Article 227 supplementing this Regulation by granting derogations allowing the use of designations reserved for products derived from meat, for other products the exact nature of which is clear due to an established long-term use and does not cause any possible confusion to the consumer.’ ; (3) in Part II, Title II, Chapter I, Section 1, the following subsection is inserted: ‘Subsection 3a Use of optional terms for products in all sectors listed in Article 1(2) Article 88a Optional terms for commercial modalities 1. The term “fair” or “equitable” or terms having an equivalent meaning to those terms may be used, alone or in combination with other terms, on the labelling of, in the presentation of, on advertising material for or on the commercial documents related to a product of the sectors listed in Article 1(2) that is placed on the market, provided that those terms are used to inform purchasers about existing modalities for the organisation of production, distribution, or placing on the market, that aim to ensure at least the following: (a) stability, including through the contracts between the producers and buyers, transparency in the relationships between farmers and purchasers along the supply chain, and transparency in the information about participating farmers; (b) a price for their products that is considered by participating farmers to be equitable and remunerative; and (c) collective initiatives pursuing one or more of the United Nations Sustainable Development Goals, notably contributing to the development of rural communities, in particular through the promotion of democratically managed collective organisations of farmers. For the purpose of point (b) of the first subparagraph, the price may take into account relevant available data on production costs. 2. The term “short supply chain” may be used, alone or in combination with other terms, on the labelling of, in the presentation of, on advertising material for or on the commercial documents related to a product of the sectors listed in Article 1(2) that is placed on the market, provided that consumers are able to easily identify the holdings of the participating farmers where the raw material was produced, and the term is used to inform purchasers about existing modalities for the organisation of production, distribution, or placing on the market, that ensure the following: (a) a direct connection between the farmer and the final consumer of the product, with one intermediary if appropriate; or (b) a close connection between the farmer and the final consumer of the product, with a limited number of intermediaries, and where the farmer, the intermediaries and the final consumer of the product are in geographical proximity to one another. 3. The Commission is empowered to adopt delegated acts in accordance with Article 227 to amend this Regulation by adding terms to paragraph 1 of this Article that are equivalent to the term “fair” or “equitable”, when such equivalent terms are used on the market to inform purchasers about the commercial modalities referred to in paragraph 1 of this Article and to supplement this Regulation by laying down additional rules or by specifying conditions for the application of paragraphs 1 and 2 of this Article, taking into account any relevant international standard and related quality certified schemes. 4. Member States may adopt or maintain national rules laying down conditions additional to those referred to in paragraph 1, points (a), (b) and (c), and in paragraph 2, points (a) and (b), for the use of the terms referred to in those paragraphs. Such rules shall not prohibit, restrict or impede the use of the terms referred to in those paragraphs for products that are legally produced or marketed in another Member State under the terms referred to in those paragraphs. 5. This Article shall be without prejudice to the rules laid down in Regulation (EU) No 1169/2011.’ ; (4) Article 148 is replaced by the following: ‘Article 148 Contractual relations in the milk and milk products sector 1. Deliveries in the Union of milk and milk products by farmers, including farmers’ associations, or by producer organisations or associations of producer organisations, to processors, collectors, distributors or retailers shall be covered by a written contract between those parties. The obligation referred to in the first subparagraph shall apply only to the following: (a) farmers producing raw milk on their holdings or processing the raw milk produced on their holdings into milk and milk products; (b) farmers’ associations, producer organisations or associations of producer organisations processing or marketing products as referred to in point (a). Such a written contract shall fulfil the conditions laid down in paragraphs 4 and 8. After consulting the relevant representatives of farmers or the interbranch organisations recognised in accordance with Article 163(1), Member States may decide that the inclusion of indicators, indices or methods of calculation of the final price referred to in paragraph 4, point (c)(i), second indent, of this Article shall not be compulsory and that the delivery shall not be covered by the requirements in paragraph 4, point (c)(iii), regarding a revision clause if the effects of predictability, transparency and price transmission can be otherwise achieved for the milk or milk products concerned, or that the obligation to include the elements referred to in paragraph 4, point (c)(i), second indent, of this Article and paragraph 4, point (c)(iii), of this Article, regarding a revision clause would not be appropriate or proportionate for those products for other justified reasons. For the purposes of this Article, a “collector” means an undertaking that transports raw milk from a farmer or another collector to a processor of raw milk or another collector, where the ownership of the raw milk is transferred in each case. 2. Member States may also decide that: (a) the delivery of milk and milk products by or to operators that are not covered by paragraph 1 is to be covered by a written contract; (b) a written offer for a contract for the delivery of milk and milk products is mandatory. In respect of written offers for contracts referred to in point (b) of the first subparagraph of this paragraph, the Member State concerned may decide that such an offer shall be made either by the first purchasers of milk and milk products or by the farmer, including a farmers’ association, or by a producer organisation or an association of producer organisations. Contracts referred to in point (a) of the first subparagraph of this paragraph or offers for a contract referred to in point (b) of the first subparagraph of this paragraph shall fulfil the conditions laid down in paragraphs 4 and 8. 3. Member States shall ensure that mediation or comparable mechanisms, including existing mechanisms, are available to the contracting parties. Such mechanisms shall be voluntary for the contracting parties and impartial to cover cases where there is no mutually acceptable contract referred to in paragraphs 1 and 2 or, where there is a contract referred to in paragraphs 1 and 2, for the revision of that contract. Those mechanisms may include representatives of farmers organisations. Member States shall inform the Commission of the mechanisms referred to in the first subparagraph of this paragraph that are available in their territory. 4. The contract or the offer for a contract referred to in paragraphs 1 and 2 shall: (a) be made in advance of the delivery; (b) be made in writing, including in electronic form; and (c) include, in particular, the following elements: (i) the price payable for the delivery, which shall: — be static and set out in the contract, or — be calculated by combining various factors set out in the contract, which shall include objective indicators, indices or methods of calculation of the final price, that are easily accessible and comprehensible and that reflect changes in market conditions and changes in relevant elements of production costs which impact the remuneration of farmers, the quantities delivered and the quality or composition of the milk or milk products delivered; to that effect, Member States may determine indicators, that may be published online for use in contracts, in accordance with objective criteria based on studies carried out on production and the food supply chain, or taking into account objective data from sources such as interbranch organisations, the EU Agri-food Chain Observatory (AFCO) or any relevant objective data available; the parties to the contracts shall be free to refer to those indicators or any other indicators; (ii) the volume of raw milk or the quality and quantity of milk or milk products to be delivered, and the timing of such deliveries; (iii) the duration of the contract, which may include a definite duration or an indefinite duration with a termination clause and, in the case of a contract with a minimum duration longer than six months, a revision clause that can be triggered by the farmer, including a farmers’ association, or by a producer organisation or an association of producer organisations; (iv) details regarding payment periods and procedures, including the application of any reductions agreed between the parties; (v) arrangements for collecting or delivering milk or milk products; and (vi) rules applicable in the event of force majeure . 5. By way of derogation from paragraphs 1 and 2, a written contract or a written offer for a contract shall not be required in the following cases: (a) the milk or the milk products concerned are delivered by a member of a producer organisation or cooperative to the producer organisation or cooperative of which it is a member, provided that the statutes of that producer organisation or cooperative or the rules and decisions provided for in, or derived from, those statutes provide for transparent and democratically decided rules, made known in advance, for methods for determining the price of the milk or milk products delivered by those members, taking into account the impact on the remuneration of farmers, and the payment periods and procedures; (b) the delivery is made for free or in the context of the disposal of milk or milk products which are no longer fit for sale. 6. Member States may decide that a written contract or a written offer for a contract is not required in one or more of the following cases: (a) the first purchaser of milk or milk products is a micro or small-sized enterprise within the meaning of Recommendation 2003/361/EC; (b) the total value of the delivery or deliveries agreed by the parties does not exceed a maximum limit to be determined by the Member State concerned, which is to be no higher than EUR 10 000; (c) the conclusion of the contract and the payment for the milk or milk products take place at the time of delivery; (d) the delivery concerns milk or milk products that are subject to seasonal supply or demand fluctuations or perishability; or (e) the delivery concerns milk or milk products that are subject to traditional or customary selling practices. 7. Where, pursuant to paragraph 5, point (b), or paragraph 6, a written contract or a written offer for a contract is not required, a farmer, including a farmers’ association, or a producer organisation, or an association of producer organisations may require that any delivery to a processor, distributor, retailer or collector of milk or milk products be the subject of a written contract between the parties or of a written offer for a contract. Such a contract or offer for a contract shall fulfil the conditions laid down in paragraph 4 and paragraph 8, first subparagraph. 8. All elements of contracts for the delivery of milk or milk products concluded between farmers, including farmers’ associations, or producer organisations or associations of producer organisations and collectors, processors, distributors or retailers, including the elements and their components referred to in paragraph 4, point (c), shall be freely negotiated between the parties. Member States may establish one or more of the following: (a) in respect of the written contracts referred to in paragraph 1: (i) an obligation for the parties to agree on a relationship between a given quantity of milk or milk products delivered and the price payable for that delivery; (ii) a minimum duration, which is to be at least six months and is not to impair the proper functioning of the internal market; (b) in respect of the written offers for contracts referred to in point (b) of the first subparagraph of paragraph 2, an obligation that the written offer for a contract include a minimum duration for the contract, set by national law, but which is to be at least six months and which is not to impair the proper functioning of the internal market. Farmers, including farmers’ associations, or producer organisations or associations of producer organisations may refuse in writing the minimum duration laid down by the Member States pursuant to the second subparagraph. 9. Member States may require the purchaser of milk or milk products to register the written contracts referred to in paragraph 1 for the delivery of the milk or milk products concerned by the farmer, including a farmers’ association, or by a producer organisation or an association of producer organisations to a collector, processor, distributor or retailer in their territory. 10. Member States that make use of the options referred to in paragraphs 1, 2, 6, 8 and 9 shall notify the Commission of how those options are applied. 11. The Commission may adopt implementing acts laying down measures necessary for the uniform application of paragraphs 4 and 5 of this Article and measures relating to notifications to be made by the Member States in accordance with paragraph 10 of this Article. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 229(2).’ ; (5) in Article 149(2), point (c) is replaced by the following: ‘(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 7 % of total Union production; (ii) the volume of raw milk covered by such negotiations which is produced in any particular Member State does not exceed 36 % of the total national production of that Member State; and (iii) the volume of raw milk covered by such negotiations which is delivered in any particular Member State does not exceed 36 % of the total national production of that Member State;’ ; (6) Article 152 is amended as follows: (a) paragraph 1 is amended as follows: (i) point (a) is replaced by the following: ‘(a) are constituted by producers in a specific sector listed in Article 1(2) and are controlled by farmer members producing agricultural products of the soil or of stockfarming, in accordance with Article 153(2), point (c); a recognition may be granted for one or more of the specific sectors listed in Article 1(2) provided that the producer organisation fulfils the conditions for recognition for all of them; Member States may decide that the control by the farmer members referred to in this point can be exercised by associations of farmers producing agricultural products of the soil or stockfarming provided that these associations are controlled by those farmers;’ ; (ii) in point (b), the introductory phrase is replaced by the following: ‘(b) are formed on the initiative of farmers producing agricultural products of the soil or of stockfarming and carry out at least one of the following activities:’ ; (iii) point (c)(vi) is replaced by the following: ‘(vi) promoting and providing technical assistance for the use of production standards, improving product quality, developing products with a protected designation of origin, with a protected geographical indication or covered by a national quality label, and carrying out initiatives promoting short supply chains or the use of the optional terms referred to in Article 88a;’ ; (b) in paragraph 1a, the first subparagraph is replaced by the following: ‘1a. By way of derogation from Article 101(1) TFEU, a producer organisation recognised under paragraph 1 of this Article, or a producer organisation, including a cooperative or any other equivalent legal form recognised by national law that has applied for recognition and has not yet been recognised as a producer organisation by a Member State, provided that it meets the requirements set out in paragraph 1 of this Article and in Article 154 of this Regulation, may plan production, optimise the production costs, place on the market and negotiate contracts for the supply of agricultural products, on behalf of its members for all or part of their total production. Such a producer organisation may avail itself of that derogation within the period provided for in Article 154(4), point (a), of this Regulation, or, if the Member State has not taken any decision on the application for recognition by the end of that period, within the period of five years from the date of submission of the application for recognition, unless the Member State concerned has decided to refuse the recognition.’ ; (c) in paragraph 1b, the following subparagraph is inserted after the first subparagraph: ‘Where an association of producer organisations recognised under Article 156(1) does not comply with the conditions set out in paragraph 1a, second subparagraph, points (a) and (b), of this Article, but its members do comply with those conditions, it may also carry out the activities referred to in the first subparagraph of paragraph 1a, of this Article, provided that: (a) its members have been recognised in accordance with paragraph 1 of this Article; (b) its members are not members of another recognised association of producer organisations as regards the products covered by the activities referred to in the first subparagraph of paragraph 1a, of this Article; and (c) the volume of the product covered by the activities referred to in the first subparagraph of paragraph 1a, of this Article does not exceed 36 % of the total national production of that product in the Member State concerned.’ ; (7) Article 153 is amended as follows: (a) in paragraph 1, point (b) is replaced by the following: ‘(b) be members of only one producer organisation for any given product of the holding, where any given product refers to products which are sufficiently distinct, in particular on the basis of their characteristics or intended final uses; however, Member States may derogate from this condition in duly justified cases where producer members hold two distinct production units located in different geographical areas.’ ; (b) in paragraph 2, point (c) is replaced by the following: ‘(c) rules enabling the farmer members producing agricultural products of the soil or of stockfarming to scrutinise democratically their organisation and its decisions as well as its accounts and budgets;’ ; (c) paragraph 2a is replaced by the following: ‘2a. The statutes of a producer organisation may provide for the possibility of members being in direct contact with purchasers, provided that such direct contact does not jeopardise the objectives pursued by the producer organisation, including the concentration of supply and placing of products on the market by the producer organisation. Concentration of supply and the placing of products on the market shall be deemed to have been ensured if the essential elements of the sales, such as price, quality and volume, are negotiated and determined by the producer organisation. The statutes of a producer organisation that allows direct contact between members and purchasers may include internal control and prevention mechanisms to ensure that such contact does not adversely affect the objectives of the producer organisation, including the concentration of supply.’ ; (d) paragraph 3 is deleted; (8) in Article 157(1), point (c), the following point is added: ‘(xvii) promoting the use of the optional terms referred to in Article 88a.’ ; (9) Article 168 is replaced by the following: ‘Article 168 Contractual relations 1. Deliveries in the Union of agricultural products from a sector listed in Article 1(2) other than milk and milk products and sugar by farmers, including farmers’ associations, or by producer organisations or associations of producer organisations, to processors, distributors or retailers, shall be covered by a written contract between the relevant parties. The obligation referred to in the first subparagraph shall apply only to the following: (a) farmers producing agricultural products of the soil or of stockfarming or processing such products produced on their holdings; (b) farmers’ associations, producer organisations or associations of producer organisations processing or marketing products as referred to in point (a). Such a written contract shall fulfil the conditions laid down in paragraphs 4 and 8. 2. Member States may also decide that: (a) the delivery of agricultural products by or to operators that are not covered by paragraph 1 is to be covered by a written contract; (b) a written offer for a contract for the delivery of agricultural products is mandatory; In respect of written offers for a contract referred to in point (b) of the first subparagraph of this paragraph, the Member State concerned may decide that such an offer is to be made either by the first purchasers of agricultural products or by the farmer, including a farmers’ association, or by a producer organisation or an association of producer organisations. Contracts referred to in point (a) of the first subparagraph of this paragraph or offers for a contract referred to in point (b) of the first subparagraph of this paragraph shall fulfil the conditions laid down in paragraphs 4 and 8. 3. Member States shall ensure that mediation or comparable mechanisms, including existing mechanisms, are available to the contracting parties. Such mechanisms shall be voluntary for the contracting parties and impartial to cover cases where there is no mutually acceptable contract referred to in paragraphs 1 and 2 or, where there is a contract referred to in paragraphs 1 and 2, for the revision of that contract. Those mechanisms may include representatives of farmers organisations. Member States shall inform the Commission of the mechanisms referred to in the first subparagraph of this paragraph that are available in their territory. 4. The contract or the offer for a contract referred to in paragraphs 1 and 2 shall: (a) be made in advance of the delivery; (b) be made in writing, including in electronic form; and (c) include, in particular, the following elements: (i) the price payable for the delivery, which shall: — be static and set out in the contract, or — be calculated by combining various factors set out in the contract, which shall include objective indicators, indices or methods of calculation of the final price, that are easily accessible and comprehensible and that reflect changes in market conditions and changes in relevant elements of production costs which impact the remuneration of farmers, the quantities delivered and the quality or composition of the agricultural products delivered; to that effect, Member States may determine indicators, that may be published online for use in contracts in accordance with objective criteria based on studies carried out on production and the food supply chain, or taking into account objective data from sources such as interbranch organisations, by the EU Agri-food Chain Observatory (AFCO) or any other relevant objective data available; the parties to the contracts shall be free to refer to those indicators or any other indicators which they deem relevant; (ii) the quantity and quality of the agricultural products concerned which may or must be delivered and the timing of such deliveries; (iii) the duration of the contract, which may include a definite duration or an indefinite duration with a termination clause and in the case of contracts with a minimum duration longer than 12 months, a revision clause that can be triggered by the farmer, including a farmers’ association, or by a producer organisation or an association of producer organisations; (iv) details regarding payment periods and procedures including the application of any reductions agreed between the parties; (v) arrangements for collecting or delivering the agricultural products; and (vi) rules applicable in the event of force majeure . 5. By way of derogation from paragraphs 1 and 2, a written contract or a written offer for a contract shall not be required in the following cases: (a) the agricultural products concerned are delivered by a member of a producer organisation or cooperative to the producer organisation or cooperative of which it is a member, provided that the statutes of that producer organisation or cooperative or the rules and decisions provided for in, or derived from those statutes, provide for transparent and democratically decided rules, made known in advance, for methods for determining the price of the products delivered by those members, taking into account the impact on the remuneration of farmers, and the payment periods and procedures; (b) the delivery is made for free or in the context of the disposal of products which are no longer fit for sale. 6. Member States may decide that a written contract or a written offer for a contract is not required in one or more of the following cases: (a) the first purchaser of agricultural products is a micro or small-sized enterprise within the meaning of Recommendation 2003/361/EC; (b) the total value of the delivery or deliveries agreed by the parties does not exceed a maximum limit to be determined by the Member State concerned, which is to be no higher than EUR 10 000; (c) the delivery and payment of the agricultural products concerned take place simultaneously or, for justified reasons, at the latest within 3 working days; (d) the delivery concerns agricultural products that are subject to seasonal supply or demand fluctuations or perishability; (e) the delivery concerns agricultural products that are subject to traditional or customary selling practices; (f) the delivery concerns agricultural products for which the Member State considers, after consulting the relevant representatives of farmers, or the interbranch organisations recognised for the relevant sectors in accordance with Article 158(1), that the effects of predictability, transparency and price transmission pursued by paragraphs 1 and 4 of this Article have been achieved for those products or that the obligation to have written contracts or written offers for contracts would not be appropriate or proportionate for those products for other justified reasons. 7. Where, pursuant to paragraph 5, point (b), or paragraph 6, a written contract or a written offer for a contract is not required, a farmer, including a farmers’ association, or a producer organisation or an association of producer organisations, may require that any delivery of agricultural products to a processor, distributor or retailer be the subject of a written contract between the parties or of a written offer for a contract. Such a contract or offer for a contract shall fulfil the conditions laid down in paragraph 4 and paragraph 8, first subparagraph. 8. All elements of contracts for the delivery of agricultural products concluded between farmers, including farmers’ associations, or producer organisations or associations of producer organisations, and processors, distributors, or retailers, including the elements and their components referred to in paragraph 4, point (c), shall be freely negotiated between the parties. Member States may establish one or more of the following: (a) in respect of the written contracts referred to in paragraph 1: (i) an obligation for the parties to agree on a relationship between a given quantity of agricultural products delivered and the price payable for that delivery; (ii) a minimum duration, which is to be at least six months and shall not impair the proper functioning of the internal market; (b) in respect of the written offers for contracts referred to in point (b) of the first subparagraph of paragraph 2, an obligation that the written offer for a contract include a minimum duration for the contract, set by national law, but which is to be at least six months and which is not to impair the proper functioning of the internal market. Farmers, including farmers’ associations, or producer organisations or associations of producer organisations may refuse in writing the minimum duration laid down by the Member States pursuant to the second subparagraph. 9. Member States may require the purchaser of agricultural products to register the written contracts referred to in paragraph 1 for the delivery of the agricultural products concerned by the farmer, including a farmers’ association, or by a producer organisation, or an association of producer organisations to a processor, distributor or retailer in their territory. 10. Member States that make use of the options referred to in paragraphs 2, 6, 8 and 9 shall notify the Commission of how those options are applied. 11. The Commission may adopt implementing acts laying down measures necessary for the uniform application of paragraphs 4 and 5 of this Article and measures relating to notifications to be made by the Member States in accordance with paragraph 10 of this Article. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 229(2).’ ; (10) Article 210a is amended as follows: (a) paragraph 3 is amended as follows: (i) point (a) is replaced by the following: ‘(a) environmental objectives, including: climate change mitigation and adaptation; the sustainable use and protection of landscapes, water and soil, including through irrigation systems; the transition to a circular economy, including the reduction of food waste and the nutrient recycling of livestock manure into organic fertilisers or energy production; and pollution prevention and control; as well as the protection and restoration of biodiversity and ecosystems;’ ; (ii) the following points are added: ‘(d) supporting the economic viability of small farms predominantly relying on family labour with a standard output as defined in Article 2, point (8), of Council Regulation (EC) No 1217/2009 ( *1 ) that are not to exceed EUR 100 000; (e) attracting and supporting young producers of agricultural products; or (f) improving working and safety conditions in agricultural or processing activities. ( *1 ) Council Regulation (EC) No 1217/2009 of 30 November 2009 setting up the Farm Sustainability Data Network ( OJ L 328, 15.12.2009, p. 27 , ELI: http://data.europa.eu/eli/reg/2009/1217/oj ).’;" (b) paragraph 6 is replaced by the following: ‘6. From 8 December 2023, producers referred to in paragraph 1 may request an opinion from the Commission concerning the compatibility of agreements, decisions and concerted practices as referred to in paragraph 1 with regard to the implementation of sustainability standards that aim to contribute to one or more of the objectives laid down in paragraph 3, points (a), (b) and (c), with this Article. From 19 August 2028, producers referred to in paragraph 1 may request an opinion from the Commission concerning the compatibility of agreements, decisions and concerted practices as referred to in paragraph 1 with regard to the implementation of sustainability standards that aim to contribute to one or more of the objectives laid down in paragraph 3, points (d), (e) and (f), with this Article. The Commission shall send its opinion to the applicant within four months of the receipt of a complete request. If the Commission finds at any time after issuing an opinion that the conditions referred to in paragraphs 1, 3 and 7 of this Article are no longer met, it shall declare that Article 101(1) TFEU is to apply in the future to the agreement, decision or concerted practice in question and inform the producers accordingly. The Commission may change the content of an opinion on its own initiative or at the request of a Member State, in particular if the applicant has provided inaccurate information or misused the opinion.’ ; (11) in Article 222, paragraph 1 is replaced by the following: ‘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’ 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 adopt implementing acts specifying the scope of the derogation of the first subparagraph of this paragraph, and, subject to paragraph 3, the period for which the derogation 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).’ ; (12) in Article 222a, paragraph 2 is replaced by the following: ‘2. The Commission may decide for which agricultural sectors from those listed in Article 1(2) the Union market observatories shall be established. The Commission may make a specific distinction between organic and non-organic production within those observatories.’ ; (13) in Annex VII, the following part is inserted: ‘PART Ia Meat and meat products designations 1. For the purposes of this Part, “meat” means the edible parts of an animal falling within the scope of application of this Regulation. 2. For the purposes of this Part, “meat products” means products derived from meat, on the understanding that substances necessary for their manufacture can be added provided that those substances are not used for the purpose of replacing, in whole or in part, any meat constituent. This is without prejudice to the use of the term “meat” for the products covered by Union law on the common organisation of the markets in fishery and aquaculture. 3. As regards products listed in Annex I to the TFEU as well as food products not listed in that Annex, with the exception of the products covered by Union law on the common organisation of the markets in fishery and aquaculture and of other products listed in a delegated act adopted under Article 78(3), second subparagraph, of this Regulation, the term “meat” and the following terms shall be reserved for meat products and for products that have a name in which the following terms are used in association with a word or words to designate the animal species from which an agricultural product originates, at all stages of marketing: (a) beef; (b) veal; (c) pork; (d) poultry; (e) chicken; (f) turkey; (g) duck; (h) goose; (i) lamb; (j) mutton; (k) ovine; (l) goat; (m) drumstick; (n) tenderloin; (o) sirloin; (p) flank; (q) loin; (r) ribs; (s) shoulder; (t) shank; (u) chop; (v) wing; (w) breast; (x) thigh; (y) brisket; (z) ribeye; (aa) T-bone; (ab) rump; (ac) bacon; (ad) steak; (ae) liver. 4. In particular, the term “meat” and the terms listed in point 3 of this Part shall not be used to designate food consisting of, isolated from or produced from cell culture or tissue culture derived from animals, plants, micro-organisms, fungi or algae within the meaning of Regulation (EU) 2015/2283 of the European Parliament and of the Council ( *2 ) . 5. The term “meat” and the terms listed in point 3 may be used in combination to designate meat products. They may also be used in association with a word or words to designate composite products of which no part takes or is intended to take the place of any meat constituent and of which meat is an essential part either in terms of quantity or for characterisation of the product. ( *2 ) Regulation (EU) 2015/2283 of the European Parliament and of the Council of 25 November 2015 on novel foods, amending Regulation (EU) No 1169/2011 of the European Parliament and of the Council and repealing Regulation (EC) No 258/97 of the European Parliament and of the Council and Commission Regulation (EC) No 1852/2001 ( OJ L 327, 11.12.2015, p. 1 , ELI: http://data.europa.eu/eli/reg/2015/2283/oj ).’;" (14) Annex X is amended as follows: (a) in Point I, points 1 and 2 are replaced by the following: ‘1. Delivery contracts shall be made in writing for a specified quantity of beet before its delivery. 2. The duration of the delivery contracts may be pluriannual. In the case of contracts with a minimum duration that is longer than 12 months, the contract shall include a revision clause that may be triggered by the farmer, including a farmers’ association, or by a producer organisation or an association of producer organisations.’ ; (b) in Point II, point 2, the following paragraph is added: ‘The price shall be calculated by combining various factors set out in the contract, which shall include objective indicators, indices or methods of calculation of the final price, that are easily accessible and comprehensible and that reflect changes in market conditions and changes in relevant elements of production costs which impact the remuneration of farmers, the quantities delivered and the quality or composition of sugar beet delivered. To that end, Member States may determine indicators, in accordance with objective criteria based on studies carried out on production and the food supply chain, or taking into account objective data from sources such as interbranch organisations, the EU Agri-food Chain Observatory (AFCO) or any relevant objective data available. Those indicators may be published online for use in contracts. The parties to the contracts shall be free to refer to those indicators or any other indicators.’ ; (c) in Point III, the following paragraph is added: ‘Delivery contracts shall contain rules applicable in the event of force majeure .’ ; (d) the following point is inserted: ‘POINT IXa Member States may require the sugar undertaking to register the written delivery contracts before the delivery of the sugar beet.’.