The European Commission has published a report on 9 July 2026 assessing the application of EU competition rules to the agricultural sector from July 2017 to July 2025, covering all Member States. The report highlights a growing reliance on exemptions under the Common Market Organisation (CMO) regulation, particularly for collective milk negotiations and sustainability agreements, with the Commission issuing several positive opinions.
The report examines how the CMO excludes certain agricultural agreements from Article 101(1) TFEU, including horizontal cooperation (Articles 209, 149, 152), vertical cooperation (Articles 210, 172b), sustainability agreements (Article 210a), and crisis measures (Article 222). In 2020, the Commission issued a positive opinion under Article 209 for a Spanish olive oil market stabilisation mechanism via voluntary storage. Nine Member States (Belgium, Bulgaria, Czechia, Germany, Spain, France, Netherlands, Slovakia, Finland) reported collectively negotiated raw milk deliveries in 2024 under Article 149, totalling over 32.3 million tonnes (22% of EU milk deliveries), up from 18.7% in 2018. By 2024, there were 2,894 recognised producer organisations (POs) and 90 recognised associations of producer organisations (APOs) in the EU.
The Commission handled four vertical cooperation cases under Article 210 since 2018 (three on price indicators, one on marketing standards), all found compatible. Article 210a, which entered into force in December 2021, allows sustainability agreements; the Commission issued its first opinion in July 2025 on a French wine sector sustainability agreement. On 22 January 2024, the Commission presented a separate report on crisis measures under Article 222.
The report indicates that the use of CMO exclusions from competition rules has increased, especially for collective milk negotiations and sustainability agreements. This trend empowers farmers and producer organisations to cooperate more on pricing and sustainability, potentially improving their bargaining power and income. However, it may also raise concerns about reduced competition, potentially leading to higher consumer prices and less market efficiency. The European Parliament and Council will now consider the report, which may influence future legislative adjustments to the CMO framework.