Article 29 › 12

Member States may allow final distributors to form pools for the purpose of meeting their obligations laid down in paragraph 6, provided that each pool: (a) does not exceed more than 40 % of the market share of the relevant beverage category; (b) consists of no more than five final distributors; and (c) only covers beverage categories made available on the territory of a Member State by all pool members. The condition under point (b) does not apply if the final distributors operate under the same brand name. Where a Member State allows final distributors to form pools pursuant to the first subparagraph, each pool shall provide the competent authority of the Member State with at least the following information: (a) the final distributors included in the pool; and (b) the final distributor appointed as pool manager and contact point. Member States may require further information to be provided as necessary for the enforcement of the obligations under paragraph 6 in conjunction with this paragraph. Final distributors shall ensure that their pooling arrangements comply with Articles 101 and 102 TFEU. Without prejudice to the general applicability of Union competition rules to such pools, all members of a pool shall in particular ensure that neither data-sharing nor information exchange, including in relation to prospective sales data, occur in the context of their pooling arrangements, except in respect of the information referred to in Article 30(2) of this Regulation. By 1 January 2028, the Commission shall adopt delegated acts in accordance with Article 64 to supplement this Regulation by establishing and specifying the detailed conditions and reporting requirements to be applied to the pooling arrangements referred to in this paragraph, taking into account the type and quantity of packaging each final distributor places on the market each calendar year and the location of the final distributors.

1 national measure recorded under this provision, in 1 form — sign in to view the analysis.

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Source: EUR-Lex CELLAR · retrieved 2026-08-26