Article 1, Point (3) · Regulation (EU) 2026/1739

Contents

(3)in Part II, Title II, Chapter I, Section 1, the following subsection is inserted:‘Subsection 3aUse of optional terms for products in all sectors listed in Article 1(2)Article 88aOptional terms for commercial modalities1.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;

(a)a direct connection between the farmer and the final consumer of the product, with one intermediary if appropriate; or

(b)a price for their products that is considered by participating farmers to be equitable and remunerative; and

(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.

(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: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.’;