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Laying Down Detailed Rules for the Application of Council Regulation (EC) No 32008 on Information Provision and Promotion Measures for Agricultural Products Internal Market and in Third Countries Regulation
Article 1: Purpose and definition
Article 2: Designation of the 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 for programmes aimed at the internal market
Messages referring to such effects must be acceptable to the national authority responsible for public health.
A trade or inter-trade organisation as referred to in Article 6(1) of Regulation 2008/3 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: Characteristics of information and promotion messages for programmes aimed at third countries
These messages must comply with the legislation applicable in the third countries at which they are targeted.
Article 6: Purpose of the measures to be carried out and indicative budgets
It shall be updated every two years, not later than 31 March.
They shall be updated every two years, not later than 31 December.
Article 7: Programmes aimed at third countries in collaboration with international organisations
The conditions for the grant and payment of the Community contribution referred to in Article 13(4) of Regulation 2008/3 shall be governed by an assistance agreement concluded between the Community and the international organisation concerned.
Article 8: Submission of programmes
No later than 30 November each year in the case of the internal market and no later than 31 March each year in the case of third countries, the trade and inter-trade 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 be available on its website. This format shall be attached to the calls for proposals referred to in the first subparagraph.
Article 9: Pre-selection of programmes by Member States
Article 10: Priority in selecting programmes aimed at third countries
Article 11: 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 in the case of the internal market and no later than 30 November in the case of third countries, which programmes it may part-finance in accordance with the procedure referred to in Article 16(2) of Regulation 2008/3.
Article 12: Approval of implementing bodies by the Member State
Article 13: Implementation of certain parts of a programme by the proposing organisation
Article 14: General financing rules
Article 15: Special rules for the internal market
In the case of the programmes provided for in Article 9 of Regulation 2008/3, the contracts shall be concluded between the Member States concerned and the implementing bodies selected.
Article 16: 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 11(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 model 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 that 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. That contract shall contain the provision that the implementing body must submit to the checks provided for in Article 25.
Article 17: 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 13(2) and (3) respectively of Regulation 2008/3.
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 18: Intermediate payments
Such applications shall cover the payments made during the three-month period 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 ‘three-monthly report’). Where no payment has been made or no activities have been carried out during the three-month period 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 19: Payment of the balance
To be considered admissible, the application shall be accompanied by a report (hereinafter referred to as ‘annual report’) comprising:
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 16(4) is not satisfied in full, the balance payable shall be reduced proportionately.
Article 20: 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, as the case may be, 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 9 of Regulation (EC) No 883/2006. force majeure
Article 21: Securities
The security shall be released within the time limit and on the terms laid down in Article 20 for payment of the balance.
Article 22: 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 18(2) and 19(2), all the expenditure may be considered eligible under the terms of the contract.
Article 23: Use of material
They shall send the Commission a list of material approved.
Article 24: 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 18, 19 and 25 of this Regulation.
The Group shall be chaired by a representative of the Member State concerned. Where programmes involve more than one Member State, it shall be chaired by a representative designated by the Member States concerned.
Article 25: 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 26: Recovery of undue payments
The interest rate to be used shall be laid down in accordance with Article 86(2)(b) of Regulation (EC, Euratom) No 2342/2002.
Article 27: Penalties
Article 28: Repeal
However, the repealed Regulations 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.
References to the repealed Regulations shall be construed as references to this Regulation and shall be read in accordance with the correlation table in Annex IV.
Article 29: Entry into force
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INTERNAL MARKET
A. LIST OF THEMES AND PRODUCTS
These guidelines suggest which messages, target groups and channels should be central to the information or promotion programmes for the different product categories.
Without prejudice to the priorities presented in Article 8(1) of Regulation 2008/3, 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, which is even stronger amongst the young, notably children and adolescents in educational establishments. This is not conducive to a balanced diet.
Goals
The aims are to improve the image of the products as being ‘fresh’ and ‘natural’, encourage their regular consumption and bring down the average age of consumers. The latter may be attained by encouraging young people, and in particular children and adolescents in educational establishments, to consume the products concerned.
Target groups
Twelve to 36 months, giving priority to multiannual programmes that set objectives for each phase.
PROCESSED FRUIT AND VEGETABLES
Overview of the situation
The sector faces increasing competition from several third countries.
As 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
Twelve to 36 months, giving priority to multiannual programmes that set objectives for each phase.
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
Twelve to 36 months, giving priority to multiannual programmes that set objectives for each phase.
LIVE PLANTS AND ORNAMENTAL HORTICULTURE PRODUCTS
Overview of the situation
The supply situation of the sector is characterised by increasing competition between products from the Community and products from third countries.
The evaluation studies of the promotion campaigns carried out between 1997 and 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
Twelve to 36 months, giving priority to multiannual programmes presenting a strategy and properly justified objectives for each phase.
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 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 scope for increasing demand.
Goals
Main channels
Twelve to 36 months, giving priority to multiannual 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.
SEED OILS
In this sector, programmes concentrating on rapeseed oil or presenting the characteristics of different seed oils will be given priority.
A. RAPESEED OIL 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 crops, which are characterised by structural overproduction, promotion of rapeseed oil will contribute to the balance in the arable crops 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
Twelve to 36 months.
B. SUNFLOWER OIL SUNFLOWER OIL
Programmes for sunflower oil will be given priority only if and when justified by market conditions.
Overview of the situation
Over 2 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 the Community has mainly been produced from seeds grown in the Community. However, the decline in crushing will reduce EU sunflower oil production during the 2004/2005 marketing year. 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 included in programmes covering 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, and about the Community legislation concerning its quality. The campaigns should be designed so as to give 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
Twelve 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
Twelve to 36 months, giving priority to multiannual programmes that set objectives for each phase.
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 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.
Twelve to 36 months, giving priority to multiannual programmes that set justified targets for each phase.
MARKING OF EGGS FOR HUMAN CONSUMPTION
Overview of the situation
In accordance with Article 4(1) of Council MSER ( 5 ) , a code identifying the producer and the system employed to rear the laying hens is 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 located and a number allocated to the production centre by the relevant authority.
Goals
Twelve to 24 months.
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 ( 7 ) introducing labelling which links quality and origin. Supported programmes must concentrate on Community honeys and beekeeping products with complementary indications 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
Twelve to 36 months, giving priority to multiannual programmes presenting a strategy and properly justified objectives for each phase.
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
Twelve to 36 months, giving priority to multiannual programmes that set objectives for each phase.
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 APFATSGR and Regulation 2006/510 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:
Twelve to 36 months. Priority will be given to multiannual programmes with clearly defined objectives and strategy for each phase.
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 1998/1999 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 the 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
Twelve to 36 months.
ORGANIC FARMING PRODUCTS
Overview of the situation
The consumption of organic farming products 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 inadequate.
In the Community Action Plan for Organic Food and Farming ( 9 ) , 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:
Twelve to 36 months. Priority will be given to multiannual programmes with clearly defined objectives and strategy for each phase.
POULTRYMEAT
Overview of the situation
The crisis of consumer confidence in poultrymeat resulting from the reports on avian influenza in the media has resulted in a substantial fall in consumption. Consumer confidence in poultrymeat of Community origin should therefore be strengthened.
To achieve this, objective information on Community production systems (marketing standards) and the controls required should be provided in addition to the general legislation on controls and food safety.
Goals
The programmes must provide national coverage at least or relate to more than one Member State.
From 12 to 24 months, with a preference for multiannual programmes with targets laid down for each stage.
( 1 ) OJ L 93, 31.3.2006, p. 1 .
( 2 ) OJ L 93, 31.3.2006, p. 12 .
( 3 ) OJ L 198, 22.7.1991, p. 1 .
( 4 ) OJ L 109, 6.5.2000, p. 29 .
( 5 ) OJ L 186, 7.7.2006, p. 1 .
( 6 ) OJ L 30, 31.1.2002, p. 44 .
( 7 ) OJ L 10, 12.1.2002, p. 47 .
( 8 ) OJ L 161, 16.6.2001, p. 38 .
( 9 ) COM(2004) 415 final.
THIRD COUNTRIES
A. LIST OF PRODUCTS WHICH MAY BE COVERED BY PROMOTIONAL MEASURES
A. Countries
Indicative annual budgets for the various sectors provided for in Article 6
Correlation table
Footnote p0: This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 5 June 2008.