Article 209 Exceptions for the objectives set out in Article 39 TFEU and farmers and their associationsF10

F1Section 2(1) of the Competition Act 1998 shall not apply to the agreements, decisions and practices referred to in Article 206 of this Regulation necessary for the attainment of the objectives set out in Article 39 TFEU.

F2Section 2(1) of the Competition Act 1998 shall not apply to agreements, decisions and concerted practices of farmers, farmers' associations, or associations of such associations, or producer organisations recognised under Article 152 or Article 161 of this Regulation, or associations of producer organisations recognised under Article 156 of this Regulation, which concern the production or sale of agricultural products or the use of joint facilities for the storage, treatment or processing of agricultural products, unless the objectives set out in Article 39 TFEU are jeopardised.

This paragraph shall not apply to agreements, decisions and concerted practices which entail an obligation to charge an identical price or by which competition is excluded.

Agreements, decisions and concerted practices which fulfil the conditions referred to in paragraph 1 of this Article shall not be prohibited, no prior decision to that effect being required.

F3However, farmers, farmers’ associations, or associations of such associations, or producer organisations recognised under Article 152 or Article 161 of this Regulation, or associations of producer organisations recognised under Article 156 of this Regulation, may request an opinion from the F4Competition and Markets Authority on the compatibility of those agreements, decisions and concerted practices with the objectives set out in Article 39 TFEU.

The F5Competition and Markets Authority shall deal with requests for opinions promptly and shall send the applicant its opinion within four months of receipt of a complete request. The Competition and Markets Authority may F6... change the content of an opinion, in particular if the applicant has provided inaccurate information or misused the opinion.

In any F7... proceedings for the application of F8section 2 of the Competition Act 1998, the burden of proving an infringement of F9section 2(1) of the Competition Act 1998 shall rest on the party or the authority alleging the infringement. The party claiming the benefit of the exemptions provided in paragraph 1 of this Article shall bear the burden of proving that the conditions of that paragraph are fulfilled.