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This Regulation lays down detailed rules for applying Regulation 1999/2702, in particular as regards the drawing up, selection, implementation, financing and checking of the programmes referred to in Article 7(1) of that Regulation and the rules applicable to the programmes implemented through an international organisation, as referred to in Article 6 of that Regulation.

The Member States shall designate the competent authorities responsible for implementing this Regulation (hereinafter referred to as competent national authorities).

Programmes shall be implemented over a period of at least one year but not more than three years from the date on which the relevant contract takes effect, as referred to in Article 12(1).

All information and/or promotion messages passed on to consumers and other target groups under programmes (hereinafter referred to as the message) shall be based on the intrinsic qualities of the product concerned or its characteristics.
These messages must comply with the legislation applicable in the third countries at which they are targeted.

Any reference to the origin of products shall be secondary to the central message of a campaign. However, the origin of a product may be indicated as part of an information or promotion operation, in the case of a designation under Community rules or a typical product needed to illustrate the information or promotion measures.

The lists of products and markets referred to respectively in Articles 3 and 4 of Regulation 1999/2702 are set out in the Annex to this Regulation.

Where Article 6 of Regulation 1999/2702 is applied, the international organisations referred to in that Article shall submit, at the request of the Commission, proposals for programmes planned in the following year.

For the purpose of implementing the operations under programmes, the Member State concerned shall publish a call for proposals each year.
No later than 31 March 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 programmes submitted in accordance with paragraph 1 shall comply with:
The Member States shall check programmes in particular against the following criteria:

Community rules governing the products concerned and their marketing;

the specifications stipulating exclusion, selection and award criteria distributed to that end by the Member States concerned.

Programmes must contain sufficient detail to comply with the rules applicable and enable their cost/benefit ratio to be evaluated.

consistency between the strategies proposed and the objectives set,

the quality of the proposed measures,

their likely impact and success in increasing demand for the products concerned,

assurances that the proposing organisations are effective and representative,

assurances that the proposed implementing body is effective and has the required technical capacity.

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 (b) of the first subparagraph and of the criteria referred to in the third subparagraph.

For the purposes of implementing its programmes, each proposing organisation shall select one or more implementing bodies by a competitive procedure validated by the Member State concerned. Where this selection has been made before the programme is submitted, the implementing body may take part in drawing up the programme.

Where a programme involving more than one Member State is planned, the Member States concerned shall jointly select the programme and nominate a coordinating Member State. They shall undertake to contribute to the financing of the programme in accordance with Article 11(2) and agree on administrative collaboration procedures to facilitate the monitoring, implementation and checking of that programme.

The individual Member States shall ensure that any national or regional measures they undertake are in agreement with measures part-financed under Regulation 1999/2702 and that programmes presented complement national and regional campaigns.

In the case of programmes as referred to in Article 7(1) of Regulation 1999/2702 submitted by several Member States, preference shall be given to those covering a group of products and placing particular emphasis on quality, nutritional and food safety aspects of Community production.

In the case of programmes involving a single Member State or a single product, preference shall be given to those that emphasise the Community interest in particular in terms of the quality, nutritional value, safety and representativeness of European agricultural and food production.

No later than 30 June each year the Member States shall send the Commission the list referred to in Article 7(2) including, where applicable, the list of implementing bodies which they have selected, where these have already been selected in accordance with Article 7(3), and a copy of each programme.
In the case of programmes involving more than one Member State, this notification shall be made by common accord of the Member States concerned.

If the Commission finds that all or part of a programme submitted does not comply with the Community rules or the criteria referred to in Article 7(2), and thus that all or part of that programme is ineligible, it shall inform the Member States concerned within 60 calendar days of receipt of the provisional list referred to in Article 7(2).

In accordance with the third subparagraph of Article 7(3) of Regulation 1999/2702, the Member States shall send their amended programmes to the Commission within 30 calendar days of receiving the information referred to in paragraph 2 of this Article.
After checking the amended programmes the Commission shall decide, no later than 30 November, which programmes it may part-finance in accordance with the procedure referred to in Article 12(2) of FIDICSR.

The proposing organisation(s) shall be responsible for the proper implementation and management of the programmes selected.

The implementing body selected in accordance with Article 7(3) shall be approved by the Member State, which shall inform the Commission thereof before the contract referred to in Article 12(1) is signed.
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 8(2) of Regulation 1999/2702. It shall inform the Commission of the procedure followed to this end.

A proposing organisation may implement certain parts of a programme as provided for in Article 7(5) of Regulation 1999/2702 only under the following conditions:

the proposed implementation complies with Article 8(2) of Regulation 1999/2702;

the proposing organisation has at least five years' experience of implementing such measures;

the part of the programme carried out by the proposing organisation accounts for no more than 50 % of its total cost, except in duly justified cases and after obtaining the written authorisation of the Commission;

the proposing organisation shall ensure that the cost of the measure which it plans to carry out itself is not in excess of the normal market rates.

The Member State shall check that these conditions are met.

Where the proposing organisation is a body governed by public law within the meaning of the second subparagraph of Article 1(b) of Directive 92/50/EEC, the Member States shall take appropriate measures to ensure that the authorities awarding contracts enforce the provisions of that Directive.
The provisions of Directive 92/50/EEC shall also apply in the case of the measures referred to in Article 6 of Regulation 1999/2702.

The financial contribution of the Community shall be paid to the Member States concerned.

Where several Member States contribute to the financing of a programme, their shares shall complement the financial contributions of each of the proposing organisations established in their respective territories. In such cases, notwithstanding Article 9 of Regulation 1999/2702, Community financing shall not exceed 50 % of the total cost of the programme.

Details of the financial contributions provided for in Article 9(2) and (3) of Regulation 1999/2702 must be given in the programme communicated to the Commission.

As soon as the Commission adopts the decision referred to in Article 9(3), the proposing organisations concerned shall be informed by the Member States whether or not their applications have been accepted.
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 9(3). Beyond that deadline, no contracts may be concluded without prior authorisation from the Commission.

The Member States shall use standard forms of contract provided by 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.

Contracts may not be concluded by the two parties until a performance security equal to 15 % of the maximum annual financial contribution from the Community and the Member States concerned has been lodged in favour of the Member State by the proposing organisation in accordance with Title III of Commission Regulation (EEC) No 2220/85 in order to ensure satisfactory performance of the contract.
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:

the obligations entered into are properly discharged, and

the sums received are used properly to discharge the obligations entered into.

Proof that the performance security has been lodged must reach the Member State within the time limit laid down in paragraph 1.

The primary requirement within the meaning of Article 20 of Regulation (EEC) No 2220/85 shall be implementation of the measures provided for in the contract.

The Member State shall immediately send the Commission a copy of the contract and proof that the performance security has been lodged.
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 21.

Within 30 calendar days of the contract referred to in Article 12(1) being signed and, in the case of multiannual programmes, within 30 days of the beginning of each twelve-month period, the contracting organisation may submit an application for an advance payment to the Member State concerned, together with the security provided for in paragraph 3 of this Article. Beyond that date, no applications for an advance may be made.
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 Regulation 1999/2702.

The Member State shall pay an advance within 30 calendar days of submission of the application for advance payment. 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 Commission EAGGF ( 6 ) . force majeure

The advance shall be paid on condition that the contracting organisation lodges a security equal to 110 % of that advance in favour of the Member State in accordance with Title III of Regulation (EEC) No 2220/85. The Member State shall forward a copy of each application for an advance payment and proof that the corresponding security has been lodged to the Commission immediately.
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.

Applications for intermediate payments of the Community and Member State contributions shall be submitted by the proposing organisations to the Member States before the end of the calendar month following the month in which each period of three months calculated from the date of signing of the contract referred to in Article 12(1) expires.
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 referred to as the 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

The intermediate payments shall be paid only on condition that the Member State has checked the documents referred to in the second subparagraph of paragraph 1.

Intermediate payments and the advance payments referred to in Article 13 taken together may not exceed 80 % of the total annual financial contribution from the Community and the Member States referred to in Article 9(2) and (3) respectively of Regulation 1999/2702. Once that level is reached, no new intermediate payment applications may be submitted.

Applications for payment of the balance shall be submitted by the proposing organisation to the Member State within four months of completion of the annual measures covered by the contract referred to in Article 12(1).
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

a summary of the work carried out and an evaluation of the results obtained, which can be ascertained at the date of the report;

a summary financial statement showing all expenditure scheduled and incurred.

The annual report shall be accompanied by copies of the invoices and supporting documents relating to the payments made.

The balance shall be paid only on condition that the Member State has checked the invoices and documents referred to in paragraphs 1(3).
Where the primary requirement referred to in Article 12(4) is not satisfied in full, the balance payable shall be reduced proportionately.

Member States shall make the payments referred to in Articles 14 and 15 within 60 calendar days of receipt of the application for payment.

The security referred to in Article 13(3) shall be released on condition that definitive entitlement to the advance as paid has been established by the Member State concerned.

Performance securities as provided for in Article 12(3) must remain valid until the balance is paid and shall be released by means of a letter of discharge issued by the competent national authority.
Performance securities shall be released within the time limit and on the terms laid down in Article 16 for payment of the balance.

Any securities forfeit and penalties imposed shall be deducted from the expenditure part-financed by the Community and declared to the European Agricultural Guidance and Guarantee Fund (EAGGF), Guarantee Section.

The annual report shall be submitted after completion of each annual phase even where no application for payment of the balance is lodged.

Within 30 calendar days following payment of the balance referred to in Article 15(2), the Member State shall send the Commission the summary statements referred to in points (a) and (b) of the second subparagraph of Article 15(1).

The Member State shall send the Commission twice a year the quarterly reports required for intermediate payments in accordance with Article 14.
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.

Within 30 calendar days following payment of the balance, the Member State shall send the Commission a financial statement detailing the expenditure incurred under the contract, presented in accordance with a format prescribed by the Commission and sent to the Member States. The statement shall be accompanied by a reasoned opinion of the Member State on the implementation of the tasks set for the phase ended.
The statement shall also certify that, in the light of checks carried out in accordance with Articles 14(2) and 15(2), all the expenditure may be considered eligible under the terms of the contract.

The Member States shall check that the information and promotion material produced and used under the programmes qualifying for financing under this Regulation complies with the Community rules.
They shall send the Commission a list of material approved.

The material produced and financed under a programme referred to in paragraph 1, including graphic, visual and audiovisual works and websites, may be used subsequently provided that prior written authorisation is obtained from the Commission, the proposing organisations concerned and the Member States which contribute financially to the programme, account being taken of the contractors' rights under the national law governing the contract.

The Monitoring Group provided for in Article 8(3) of Regulation 1999/2702 shall meet regularly to monitor progress in implementation of the various programmes in receipt of financing under this Regulation.
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 14, 15 and 21 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.

Commission officials and other staff may take part in activities organised under a programme in receipt of financing under this Regulation.

The Member State concerned shall determine the most appropriate means of checking the programmes and measures covered by financing under this Regulation and shall notify the Commission thereof.
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.

In particular by means of technical and accounting checks at the premises of the contracting organisation and the implementing body, the Member States shall take the steps necessary to verify that:

the information and supporting documents supplied are accurate, and

all the obligations laid down in the contract referred to in Article 12(1) have been fulfilled.

Without prejudice to Council Regulation (EEC) No 595/91 ( 7 ) , the Member States shall inform the Commission at the earliest opportunity of any irregularities detected during checks.

In the case of programmes involving more than one Member State, the Member States concerned shall take the necessary steps to coordinate their checks and shall inform the Commission thereof.

The Commission may take part at any time in the checks provided for in paragraphs 1, 2 and 3. To that end, the competent national authorities in the Member States shall send the Commission, at least 30 days prior to the checks, a provisional schedule of the checks to be carried out by the Member State.
The Commission may carry out any additional checks it considers necessary.

In cases of wrongful payment, the beneficiary shall reimburse the amount in question plus interest for the period between payment and the reimbursement by the beneficiary.
The interest rate to be used shall be laid down in accordance with Article 86(2) of Regulation (EC, Euratom) No 2342/2002.

Amounts recovered and the relevant interest shall be paid to the Member States' paying agencies or departments and deducted by them from the expenditure financed by the EAGGF in proportion to the Community financial contribution.

In the case of fraud or gross negligence, the proposing organisation shall repay twice the difference between the amount initially paid and the amount actually due.

Subject to Article 6 of Council PECFIR ( 8 ) , the reductions and exclusions under this Regulation shall be without prejudice to additional sanctions pursuant to other provisions under Community or national law.

Regulation 2000/2879 is hereby repealed. However, the provisions of that Regulation shall continue to apply to information and promotion programmes for which funding is decided on by the Commission before the entry into force of this Regulation.

For 2005, as well as the deadline provided for in the second subparagraph of Article 7(1), a second deadline for the submission of programmes shall be set at 31 October 2005.

Notwithstanding the first subparagraph of Article 9(1), for 2005, for programmes submitted not later than 31 October 2005 the deadline for sending the Commission the provisional list of programmes shall be 15 December 2005.

Notwithstanding Article 9(3), for 2005 the Commission shall take the decision referred to in that paragraph not later than 28 February 2006.

This Regulation shall enter into force on the seventh day following its publication in the Official Journal of the European Union . Official Journal of the European Union

B. GEOGRAPHICAL AREAS

List of products which may be covered by promotional measures in third countries

Fresh, chilled and frozen beef, veal and pigmeat; food preparations based on these products

Quality poultrymeat

Milk products

Olive oil and table olives

Table wines with a geographical indication. Quality wines psr

Spirit drinks with a geographical indication or a reserved traditional description

Fresh and processed fruit and vegetables

Products processed from cereals and rice

Fibre flax

Live plants and products of ornamental horticulture

Protected designation(s) of origin (PDO), protected geographical indication(s) (PGI) or traditional speciality(ies) guaranteed (TSG) in accordance with Council Regulations (EEC) No 2081/92 ( 2 ) or (EEC) No 2082/92 ( 3 )

Products of organic farming in accordance with Council Regulation (EEC) No 2092/91 ( 4 ) .

( 1 ) Including Kosovo, under the aegis of the United Nations, in accordance with Security Council Resolution 1244 of 10 June 1999.