Sustainability agreements in agriculture under Article 210a(7) of EU Regulation 1308/2013

EU Regulation 1308/2013 provides that Article 101 TFEU does not apply to certain sustainability agreements in the production and trade of agricultural products. This exemption allows producers to develop joint sustainability initiatives that would otherwise be restricted by competition law.

Under Article 210a(7), the Authority may step in once a sustainability agreement has been concluded or implemented. Intervention may follow if the initiative risks excluding competition from the market or if it undermines the objectives of the common agricultural policy, as set out in Article 39 TFEU.

Following the introduction of Article 210a, the Authority launched a public consultation and subsequently adopted a Notice setting out the procedural rules for reviewing sustainability agreements between agricultural producers. Our aim is to ensure that public and private resources are used efficiently and that the review process is transparent.