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Laying Down Detailed Rules for Applying Council Regulation (EC) No 28262000 on Information and Promotion Actions for Agricultural Products Internal Market 2 Regulation
Article 1: Purpose and definition
‘Programme’ means a coherent set of operations of a scope that is sufficient to contribute towards improving information about, and sales of, the products concerned.
Article 2: Designation of competent authorities
They shall notify the Commission of the name and full details of the authorities designated and any changes thereto.
The Commission shall place that information in the public domain in an appropriate form.
Article 3: Duration of programmes
Article 4: Characteristics of information and promotion messages disseminated under programmes
Messages referring to such effects must be acceptable to the national authority responsible for public health.
A trade or interbranch organisation as referred to in Article 6(1) of IPAAPIMR which proposes a programme shall keep a list available for the Member State concerned and the Commission of the scientific studies and the opinions of authorised scientific institutions on which the messages in the programme referring to effects on health are based.
Article 5: Lists of themes and products
They shall be updated every two years, not later than 31 March.
Article 6: Programmes part-financed by the Member States and the Community
The contracts for the programmes concerned shall be concluded between the Member States concerned and the selected implementing organisations.
Article 7: Presentation of programmes and pre-selection by Member States
No later than 30 November each year, the trade and interbranch organisations in the Community which are representative of the sectors concerned (hereinafter referred to as proposing organisations) shall submit their programmes to the Member State . .
Programmes shall be submitted in a form prescribed by the Commission and available from its website. This format shall be attached to the calls for proposals referred to in the first subparagraph.
The Member States shall draw up a provisional list of the programmes they select on the basis of the criteria laid down in the specifications referred to in point (c) of the first subparagraph.
Article 8: Selection of programmes by the Commission
In the case of programmes involving more than one Member State, this notification shall be made by common accord of the Member States concerned.
After checking the amended programmes the Commission shall decide, no later than 30 June, which programmes it may part-finance under the indicative budgets listed in Annex II to this Regulation, in accordance with the procedure referred to in Article 13(2) of IPAAPIMR.
Article 9: Approval of implementing bodies
The Member State shall check that the implementing body selected has the necessary financial and technical resources to ensure that the measures are implemented in the most effective manner in accordance with Article 10(1) of IPAAPIMR. It shall inform the Commission of the procedure followed to this end.
Article 10: Financial contributions
Article 11: Conclusion of contracts and provision of securities
The Member States shall conclude contracts with the selected proposing organisations within 90 calendar days of notification of the Commission decision referred to in Article 8(3). Beyond that deadline, no contracts may be concluded without prior authorisation from the Commission.
Where appropriate, the Member States may amend certain terms in the standard contracts in line with national rules, provided that this does not infringe Community legislation.
However, if the contracting organisation is a body governed by public law or acts under the supervision of such a body, the competent national authority may accept a written guarantee from the supervisory body covering the percentage specified in the first subparagraph, provided the supervisory body undertakes to verify that:
It shall also send a copy of the contract concluded by the selected proposing organisation with the implementing body. The latter contract shall contain the provision that the implementing body must submit to the checks provided for in Article 20.
Article 12: Arrangements for the payment of advances
Each advance payment shall amount to no more than 30 % of the annual contribution from the Community and the Member State(s) concerned, as referred to in Article 9(2) and (3) respectively of IPAAPIMR.
However, if the contracting organisation is a body governed by public law or acts under the supervision of such a body, the competent national authority may accept a written guarantee from the supervisory body covering the percentage specified in the first subparagraph, provided the supervisory body undertakes to pay the amount covered by its guarantee if entitlement to the advance as paid is not established.
Article 13: Intermediate payments
Such applications shall cover the payments made during the quarter concerned and shall be accompanied by a summary financial statement, copies of the relevant invoices and supporting documents and an interim report on the implementation of the contract during the quarter concerned (hereinafter, quarterly report). Where no payment has been made or no activities have been carried out during the quarter concerned, these documents shall be sent to the competent national authority within the deadline referred to in the first subparagraph.
Except in cases of force majeure , where an application for intermediate payment accompanied by the documents referred to in the second subparagraph is submitted late, the payment shall be reduced by 3 % for each whole month by which it is overdue. force majeure
Article 14: Payment of the balance
To be considered as admissible, the application shall be accompanied by:
Except in cases of force majeure , where an application for payment of the balance is submitted late, the balance shall be reduced by 3 % for each month by which it is overdue. force majeure
Where the primary requirement referred to in Article 11(4) is not satisfied in full, the balance payable shall be reduced proportionately.
Article 15: Payments by the Member State
However, this deadline may be suspended at any time in the 60-day period after the payment application is first registered by notifying the creditor contracting organisation that its application is not admissible, either because the sum is not payable, or because the application is not supported by the requisite evidence for all the additional applications, or because the Member State deems it necessary to have further information or to undertake checks. The payment period shall start running again from the date of receipt of the information requested or the date of the checks undertaken by the Member State, which must be forwarded or undertaken respectively within 30 calendar days of the notification.
Except in cases of force majeure , where the payments are made late the amount of the monthly advance paid by the Commission to the Member State shall be reduced in accordance with Article 4 of Regulation (EC) No 296/96. force majeure
Article 16: Securities
Performance securities shall be released within the time limit and on the terms laid down in Article 15 for payment of the balance.
Article 17: Documents to be submitted to the Commission
The first and second quarterly reports shall be sent within 60 calendar days of receipt of the second quarterly report by the Member State and the third and fourth quarterly reports together with the summary statements referred to in paragraph 2 of this Article.
The annual report for the previous year may include the quarterly report concerning the fourth quarter.
The statement shall also certify that, in the light of checks carried out in accordance with Articles 13(2) and 14(2), all the expenditure may be considered eligible under the terms of the contract.
Article 18: Use of material
They shall send the Commission a list of material approved.
Article 19: Monitoring of programmes
To that end, the monitoring group shall be informed of the timetable for the planned measures under each programme, the quarterly and annual reports and the results of the checks carried out in accordance with Articles 13, 14 and 20 of this Regulation.
The monitoring group shall be chaired by a representative of the Member State concerned. Where programmes involve more than one Member State, the monitoring group shall be chaired by a representative designated by the Member States concerned.
Article 20: Checks by the Member States
The checks described shall be undertaken each year on at least 20 % of the programmes completed in the previous year, covering a minimum of two programmes, and shall relate to at least 20 % of the total budget of the programmes completed during the previous year. The selection of programmes for sampling shall be based on a risk analysis.
The Member State shall send the Commission a report on each programme checked, describing the results of the checks carried out and the anomalies detected. The report shall be sent as soon as it has been finalised.
The Commission may carry out any additional checks it considers necessary.
Article 21: Recovery of wrongful payments
The interest rate to be used shall be laid down in accordance with Article 86(2) of Regulation (EC, Euratom) No 2342/2002.
Article 22: Penalties
Article 23: Repeal of Regulation (EC) No 94/2002
References to the repealed Regulation shall be construed as references to this Regulation.
Article 24: Transitional provisions
Article 25: Entry into force
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LIST OF THEMES AND PRODUCTS
( 2 ) OJ L 208, 24.7.1992, p. 9 . Regulation as last amended by Regulation 2003/806.
( 3 ) OJ L 198, 22.7.1991, p. 1 . Regulation as last amended by Regulation 2004/2254 ( OJ L 385, 29.12.2004, p. 20 ).
GUIDELINES FOR PROMOTION ON THE INTERNAL MARKET
Without prejudice to the priorities presented in Article 6(4) of IPAAPIMR, programme proposals should in general be prepared taking into account the following principles.
Overview of the situation
While the Community production of fruit and vegetables is increasing, consumption is on the whole static.
There is a noticeable lack of interest among consumers under 35, which is even more apparent among the school-age population. This is not in the interests of a balanced diet.
Goals
The aim is to improve the image of the products as being ‘fresh’ and ‘natural’ and to bring down the average age of consumers, chiefly by encouraging young people to consume the products concerned.
Target groups
12 to 36 months, giving priority to multi-annual programmes that set objectives for each phase.
Indicative annual budget for the sector
EUR 4 million.
PROCESSED FRUIT AND VEGETABLES
Overview of the situation
The sector faces increasing competition from several third countries.
While demand is gradually increasing, in particular because of the ease of consumption of these products, it is important for the Community industry to be able to benefit from this potential. Therefore support for information and promotion actions is justified.
Goals
The image of the product needs to be modernised and made more youthful, giving the information needed to encourage consumption.
Target groups
12 to 36 months, giving priority to multi-annual programmes that set objectives for each phase.
Indicative annual budget for the sector
EUR 2 million.
FIBRE FLAX
Overview of the situation
The liberalisation of international trade in textiles and clothing has brought Community flax into sharp competition with flax from outside the Community offered at very attractive prices. It is also in competition with other fibres. At the same time, consumption of fibre flax is tending to stagnate.
Goals
12 to 36 months, giving priority to multi-annual programmes that set objectives for each phase.
Indicative annual budget for the sector
EUR 1 million.
LIVE PLANTS AND PRODUCTS OF ORNAMENTAL HORTICULTURE
Overview of the situation
The supply situation of the sector is characterized by increasing competition between products from the Community and products from third countries.
The evaluation studies of the promotion campaigns carried out between 1997and 2000 suggest that, in order to facilitate the sale of Community production within the Community, the whole chain from producer to distributor needs to be better organised and rationalised, and consumers should be better informed about the intrinsic qualities and varieties of Community products.
Goals
12 to 36 months, giving priority to multi-annual programmes presenting a strategy and properly justified objectives for each phase.
Indicative annual budget for the sector
EUR 3 million.
OLIVE OIL AND TABLE OLIVES
Overview of the situation
While the supply of olive oil and table olives is on the increase, the outlets on the internal and international markets are important to safeguard the Community market equilibrium. The situation at the level of domestic demand for these products varies widely between traditional consumer markets and those where they are a relatively new phenomenon.
In the ‘traditional consumer’ Member States (Spain, Italy, Greece and Portugal), the products concerned are generally well-known and consumption is high. These are mature markets where the prospects for any overall increase in demand are limited, but taking into account their current share of the consumption of olive oil they continue to be of great interest to the sector.
In the ‘new consumer’ Member States, per capita consumption has progressed but is still substantially lower (in the Community as constituted on 30 April 2004) or marginal (in the majority of the new Member States which joined on 1 May 2004). Many consumers are not aware of the qualities or of the various uses of olive oil and table olives. This is thus a market with major scope for increasing demand.
Goals
Main channels
12 to 36 months, giving priority to multi-annual programmes, presenting for each phase a strategy and duly justified objectives.
Priority will be given to programmes to be implemented in at least two ‘new consumer’ Member States.
Indicative annual budget for the sector
EUR 4 million.
SEED OILS
In this sector, programmes concentrating on rapeseed oil or presenting the characteristics of different seed oils will be given priority.
Indicative annual budget for the seed oil sector:
EUR 2 million.
A. RAPESEED OIL
Overview of the situation
Following the reform of the common agricultural policy rapeseed production does not receive any specific support and has to become market-oriented. With increased possibilities for production and as an alternative to cereal production, which is characterised by structural overproduction, promotion of rapeseed oil will contribute to the balance in the arable corps market and the consumption of different vegetable oils in the Community. The Community is currently a net exporter of rapeseed oil.
During the past decades rape varieties with valuable nutritional characteristics have been developed. This has resulted in improved quality. New products such as cold-pressed rapeseed oils with a particular nutty taste have been developed.
The nutritional value of rapeseed oil has been the subject of worldwide research with results confirming the beneficial dietary and physiological characteristics of the product. General practitioners, nutritionists and consumers should be informed about these latest research results.
Goals
Main channels
12 to 36 months.
B. SUNFLOWER OIL
Programmes for sunflower oil will be given priority only if and when justified by market conditions.
Overview of the situation
Over two million ha in the Community are used to grow sunflowers, and production of sunflower seeds exceeds 3,5 million tonnes per year. Sunflower oil consumed in Community has mainly been produced from seeds grown in the Community. However, the decline in crushing will reduce EU sunflower oil production during marketing year 2004/05. As world prices are on the increase and shortages of supply are possible, priority is not given to programmes concentrating on sunflower oil alone. It can, nevertheless, be presented as part of programmes introducing different seed oils of Community origin.
Sunflower oil as a product has particular advantages for certain uses such as frying. It is also high in unsaturated fatty acids and rich in vitamin E. The purpose of campaigns is to inform consumers and traders/distributors about the different uses, types and characteristics of sunflower oil as well as of the Community legislation concerning its quality. The campaigns should be designed in the spirit of giving objective information.
Goals
To inform consumers and the trade operators about the following:
The main messages of the programmes should provide information on the following:
Main channels
12 to 36 months.
MILK AND MILK PRODUCTS
Overview of the situation
There has been a drop in the consumption of liquid milk, particularly in the major consumer countries, mainly due to the competition from soft drinks targeted at young people. Various milk substitutes are gradually replacing the consumption of liquid milk. By contrast, there is an overall increase in the consumption of milk products expressed in milk equivalent.
Goals
Consumers in general, focusing in particular on:
Main channels
12 to 36 months, giving priority to multi-annual programmes that set objectives for each phase.
Indicative annual budget for the sector
EUR 4 million.
FRESH, CHILLED OR FROZEN MEAT, PRODUCED IN ACCORDANCE WITH A COMMUNITY OR NATIONAL QUALITY SCHEME
Overview of the situation
Health problems which have affected many of the principal livestock products have highlighted the need to strengthen consumer confidence in Community meat products.
This involves providing objective information on Community and national quality systems and controls that they require in addition to the general legislation on controls and food safety. These rules and controls form an additional guarantee by providing product specifications and additional control structures.
Goals
The programmes should have at least national coverage or cover several Member States.
12 to 36 months, giving priority to multi-annual programmes that set justified targets for each phase.
Indicative annual budget for the sector
EUR 4 million.
LABELLING OF EGGS FOR HUMAN CONSUMPTION
Overview of the situation
Since 1 January 2004, in accordance with Article 7(1)(a) of Council Regulation (EEC) No 1907/90 ( 2 ) , a code identifying the producer and the system employed to rear the laying hens has been stamped on the shell of all eggs intended for human consumption. This code is composed of a number identifying the farming method (0 = organic, 1 = free-range, 2 = barn, 3 = cage), the ISO code of the Member State where the production centre is situated and a number allocated to the production centre by the relevant authority.
Goals
12 to 24 months.
Indicative annual budget for the sector
EUR 2 million.
HONEY AND BEEKEEPING PRODUCTS
Overview of the situation
The Community quality honey and beekeeping products sector, which receives very little Community support, faces increasing global competition. The fact that production costs are high in the Community makes the situation even more difficult.
Since 2001 the sector has been subject to Council HD ( 4 ) introducing labelling which links quality and origin. Supported programmes must concentrate on Community honeys and beekeeping products with complementary indication concerning the regional, territorial or topographical origin, or quality labels certified either by the Community (PDO, PGI, TSG or organic) or by a Member State.
Goals
12 to 36 months, giving priority to multi-annual programmes presenting a strategy and properly justified objectives for each phase.
Indicative annual budget for the sector
EUR 1 million.
QUALITY WINES PSR, TABLE WINES WITH A GEOGRAPHICAL INDICATION
Overview of the situation
Wine production is ample while consumption is static or even in decline for certain types of wine, while supply from third countries is on the increase.
Goals
12 to 36 months, giving priority to multi-annual programmes that set objectives for each phase.
Indicative annual budget for the sector
EUR 3 million.
PRODUCTS WITH A PROTECTED DESIGNATION OF ORIGIN (PDO), A PROTECTED GEOGRAPHICAL INDICATION (PGI) OR TRADITIONAL SPECIALITY GUARANTEED (TSG)
Overview of the situation
The Community system for protecting product names provided for in Regulations (EC) Nos 2081/92 and 2082/92 is a priority in the implementation of the quality strand of the common agricultural policy. It is therefore necessary to continue previous efforts to run campaigns by which the denominations and the products bearing the protected names are made known to all potential actors in the chain of production, preparation, marketing and consumption of these products.
Goals
Information and promotion campaigns should not focus on one or only a very limited number of product names, but rather on groups of names either of certain product categories or of products produced in one or several regions in one or several Member States.
The objectives of these campaigns should be to:
12 to 36 months. Priority will be given to multi-annual programmes with clearly defined objectives and strategy for each phase.
Indicative annual budget for the sector
EUR 3 million.
INFORMATION ON THE GRAPHIC SYMBOL FOR THE OUTERMOST REGIONS
Overview of the situation
This guideline refers to the outermost regions of the Community as defined in Article 299(2) of the Treaty. The outside evaluation study shows that the Community's 1998/99 information campaign on the graphic symbol (logo) for the outermost regions was received with a great deal of interest on the part of those operating in that sector.
As a result, some producers and processors sought approval for their quality products, so that they could use the logo.
In view of the short run of this first campaign, it is appropriate to continue improving the various target-groups' awareness of the logo by continuing the measures to inform them about its meaning and benefits.
Goals
12 to 36 months.
Indicative annual budget for the sector
EUR 1 million.
PRODUCTS FROM ORGANIC FARMING
Overview of the situation
The consumption of products from organic farming is particularly popular among urban populations, but the market share of these products is still fairly limited.
The level of awareness among consumers and other interested groups about the characteristics of organic farming production methods is increasing but is still fairly low.
In the Community Action Plan for Organic Food and Farming ( 6 ) , information and promotion actions are considered a key instrument in further developing the demand for organic food.
Goals
Information and promotion campaigns should not focus on one or a few selected products, but rather on groups of products or on the organic farming system as applied in one or more regions in one or more Member States.
The objectives of these campaigns should be to:
12 to 36 months. Priority will be given to multi-annual programmes with clearly defined objectives and strategy for each phase.
Indicative annual budget for the sector
EUR 3 million.
( 1 ) OJ L 109, 6.5.2000, p. 29 . Directive as last amended by IIPIFD ( OJ L 308, 25.11.2003, p. 15 ).
( 2 ) OJ L 173, 6.7.1990, p. 5 . Regulation as last amended by Regulation 2003/2052 ( OJ L 305, 22.11.2003, p. 1 ).
( 3 ) OJ L 30, 31.1.2002, p. 44 .
( 4 ) OJ L 10, 12.1.2002, p. 47 .
( 5 ) OJ L 161, 16.6.2001, p. 38 .
( 6 ) COM(2004) 415 final.
Footnote p0: This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 1 July 2005.