Committee on Agriculture and Rural Development – Study requested by AGRI Committee, commissioned and managed by the Policy Department – “New Competition Rules for the Agri-Food Chain in the CAP post-2020” – Presentation by Ms Cathérine Del Cont, Faculty of Law and Policy Sciences of Nantes, France, and Mr Antonio Iannarelli, Bari University, Italy-
Brussels, 8 October 2018, 17:23 – 18:26

Short link to this post: http://bit.ly/2C5tFCy

 

In order to strengthen the bargaining power of farmers and their associations, and to provide them with greater legal certainty with regards to the application of these rules, how could the competition rules be further consolidated and clarified in the next CAP? This report provides an overview of the EU framework of competition rules in the CMO after the adoption of the 2017 Omnibus Regulation. The report also analyses the Commission’s proposal for the next CAP (COM (2018) 394), the proposal for a Directive on business-to-business UTPs in the food chain, and proposes some recommendations.

 

The main objective of the Study is to provide information and analysis within the framework of the legislative process of the 2020 CAP reform, and attempts to do the following:

 

  • Describe and analyse the application of the competition rules to agriculture as defined in Article 42 of the TFEU ;
  • Provide an overview of the EU framework of competition rules related to the agriculture sector after the adoption of the 2017 Omnibus Regulation;
  • Provide a critical analysis of the application of competition rules to agriculture by the European Commission and/or the national competition authorities, and draw lessons for the next reform of the CAP;
  • Describe and analyse the Commission’s legislative proposals in this area, including:
    1. Amending the CMO regulation (COM (2018) 394 of 1 June 2018).
    2. A directive of 12 April 2018 on business-to-business unfair trading practices in the food chain (COM (2018) 173 of 12 April 2018).
  • Propose policy recommendations to the European Parliament as co-legislator, with a view to consolidating and clarifying the conditions for the application of the competition rules in the future post-2020 CMO regulation, recognising the authority of the CAP set out in Article 42 of the Treaty.

 

In conclusion, the study points out the following:

 

  • The CMO’s new competition rules from the Omnibus Regulation(EU) No2017/2393 should be further consolidated and clarified in order to strengthen the bargaining power of farmers and their associations, and to provide them with greater legal certainty with regards to the application of these rules;
  • The European Commission’s legislative proposal for the CAP reform post 2020(COM (2018) 394) does not contain any provision on the conditions of application of the competition rules for agriculture, or the concentration of supply.

 

Link to watch the event  (with multilingual interpretation) runs from 17:23 – 18:26

Further reading: Research for AGRI Committee: New Competition rules for the agri-food chain in the CAP post 2020

Presentation:

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