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"B COMMISSION REGULATION (EC) No 2879/2000
of 28 December 2000
laying down detailed rules for applying Council Regulation (EC) No 2702/1999 on measures to provide
information on, and to promote, agricultural products in third countries
(OJ L 333, 29.12.2000, p. 63)
Amended by:
Official Journal
No page date
"M1 Commission Regulation (EC) No 962/2001 of 17 May 2001 L 136 3 18.5.20012000R2879 — EN — 07.06.2001 — 001.001 — 1
COMMISSION REGULATION (EC) No 2879/2000
of 28 December 2000
laying down detailed rules for applying Council Regulation (EC) No
2702/1999 on measures to provide information on, and to promote,
agricultural products in third countries
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,Having regard to Council Regulation (EC) No 2702/1999 of 14 December
1999 on measures to provide information on, and to promote, agricultural
products in third countries (
1), and in particular Article 11 thereof,
Whereas:(1) Detailed rules should be laid down for applying the measures to
provide information on, and to promote, agricultural products andsecondarily foodstuffs in third countries.
(2) In the interests of sound management, the frequency at which lists of
products and markets eligible under the abovementioned measures are
to be drawn up should be specified.
(3) In order to prevent any risk of distortion of competition, guidelines
should be drawn up on the way the specific origin of products coveredby promotion and information campaigns is to be referred to.
(4) The procedure for presenting programmes and selecting implementing
bodies should be determined with a view to ensuring the broadest
possible competition and free movement of services.
(5) Criteria governing the selection of programmes by the Member States
and their approval by the Commission should be established with a
view to ensuring that the Community rules are complied with and that
the measures to be implemented are effective, in particular in the lightof Council Directive 92/50/EEC of 18 June 1992 relating to thecoordination of procedures for the award of public service
contracts (
2), as last amended by European Parliament and Council
Directive 97/52/EC of 13 October 1997 amending Directives92/50/EEC, 93/36/EEC and 93/37/EEC concerning the coordinationof procedures for the award of public service contracts, public supply
contracts and public works contracts respectively (
3).
(6) The same rules should be applied to measures to be implemented by
the international organisations referred to in Article 6 of Regulation(EC) No 2702/1999.
(7) With a view to ensuring that the Community measures are effective,
the Member States must ensure that the programmes approved are
consistent with, and complement, their national and regionalprogrammes.
(8) To that end, preferential criteria must be laid down for selecting
programmes so as to optimise their impact.
(9) In the case of programmes of interest to more than one Member State,
provision must be made for measures to ensure that the Member States
concerned cooperate in submitting and scrutinising programmes.
(10) The consequences must be spelled out for cases where a programme is
rejected for a lack of part-financing by a Member State and the second
subparagraph of Article 9(3) of Regulation (EC) No 2702/1999 does
not apply.
(11) Detailed rules must be laid down on the way the Monitoring Group
provided for in Article 8(3) of Regulation (EC) No 2702/1999 is tooperate.
(12) The checks to be carried out by the Member States in respect of
programmes managed directly by them are to be determined.!B
(1) OJ L 327, 21.12.1999, p. 7.
(2) OJ L 209, 24.7.1992, p. 1.
(3) OJ L 328, 28.11.1997, p. 1.2000R2879 — EN — 07.06.2001 — 001.001 — 2
(13) Detailed rules on the Community’s financial contribution must be laid
down in the interests of sound financial management.
(14) The various arrangements to ensure that the commitments entered into
are fulfilled must be laid down in contracts to be concluded between
the parties concerned and the competent national authorities within areasonable time limit on the basis of standard contracts supplied by theCommission.
(15) With a view to the proper performance of the contracts, contractors
must lodge a security equal to 15 % of the Community contribution in
favour of the competent authority. To the same end, a security must be
lodged where an advance payment is applied for.
(16) The primary requirement within the meaning of Article 20 of
Commission Regulation (EEC) No 2220/85 (
1), as last amended by
Regulation (EC) No 1932/1999 (2), must be defined.
(17) With a view to budget management requirements, a penalty must be
laid down for failure to submit, or late submission of, intermediate
payment applications and for late payment by the Member States.
(18) In the interests of sound financial management and in order to avoid
any danger that payments to be made take up the whole of theCommunity financial contribution and leave no balance to pay,provision should be made for the advance and the various intermediate
payments not to exceed 80 % of the Community contribution. To the
same end, applications for payment of the balance must reach thecompetent authorities within a specified time limit.
(19) The Member States must monitor the implementation of the measures
covered by this Regulation and the Commission must be kept informedof the results thereof. In the interests of sound financial management,
provision should be made for the Member States to cooperate where
measures are implemented in a Member State other than that in whichthe competent authority signing the contract is established.
(20) The period of application of this Regulation should be the same as that
laid down in Article 15 of Regulation (EC) No 2702/1999.
(21) The measures provided for in this Regulation are in accordance with
the opinion of the Joint Meeting of Management Committees —
Promotion of Agricultural Products,
HAS ADOPTED THIS REGULATION:
Article 1
In accordance with Articles 7(1) and 9(4) of Regulation (EC) No 2702/1999,
‘programme’ means a coherent set of measures of a scope that is sufficient tocontribute towards improving information on, and sales of, the products
concerned.
Article 2
1. The promotion and/or information message passed on to consumers and
other target groups must be based on the intrinsic qualities and/or
characteristics of the product concerned.
2. Promotion and/or information measures may not encourage the
consumption of a product on grounds of its specific origin.
Any reference to the origin of products must be secondary to the central
message of the campaign.
3. However, the origin of a product may be indicated in the case of a
designation under Community rules or a feature of a typical product needed toillustrate the promotion or information campaign.!B
(1) OJ L 205, 3.8.1985, p. 5.
(2) OJ L 240, 10.9.1999, p. 11.2000R2879 — EN — 07.06.2001 — 001.001 — 3
Article 3
The lists of products and markets referred to, respectively, in Articles 3 and 4
of Regulatlon (EC) No 2702/1999 shall be drawn up by 31 December at the1atest every second year. The first lists shall be as set out in the Annex hereto.
Article 4
Where Article 6 of Regulation (EC) No 2702/1999 is applied, the
international organisations referred to in that Article shall present theCommission before 1 October each year with programmes as referred to in
Article 9(4) of that Regulation containing the measures planned for the
following year.
The conditions governing the granting and payment of the Community
contribution shall be laid down in an agreement on assistance concluded
between the Community and the international organisation concerned.
Article 5
Programmes as referred to in Article 7(1) of Regulation (EC) No 2702/1999
shall be implemented over a period of at least one year to not more than threeyears from the date on which the relevant contract takes effect.
Article 6
1. In the case of programmes as referred to in Article 7(1) of Regulation
(EC) No 2702/1999 that are of interest to more than one Member State,
preference shall be given to those covering a group of products and placing
particular emphasis on the quality, nutritional and food safety aspects of theCommunity products.
2. In the case of programmes of interest to a single Member State or
concerning 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 the products they cover.
Article 7
1. With a view to the implementation of measures contained in programmes
as referred to in Article 5, the trade or intertrade organisations in the
Community that are representative of the sector(s) concerned shall submit
programmes in response to calls for proposals issued by the Member Statesconcerned. Such programmes shall comply with the specifications stipulatingexclusion, selection and award criteria and published to that end by the
Member States concerned.
2. The Member States shall take the necessary steps to ensure that the
authorities awarding contracts concerning them enforce Directive 92/50/EEC.
The abovementioned Directive shall apply to measures as referred to in
Article 6 of Regulation (EC) No 2702/1999.
3. Where a promotion programme of interest to more than one Member
State is planned, the Member States concerned shall cooperate in drawing up
compatible specifications and calls for proposals.
4. In response to such calls for proposals, the organisations as referred to in
paragraph 1 shall draw up information and promotion programmes, whereappropriate in cooperation with an implementing body that they have selected
by a competitive procedure checked by the Member State. Such programmes
may be presented by trade or intertrade organisations of Community scope ororiginating in one or more Member States.
5. The individual Member States shall see to it that any national or regional
measures they undertake are in agreement with measures part-financed under
Regulation (EC) No 2702/1999 and that programmes presented complementnational and regional campaigns.
6. The Member State(s) concerned shall check the suitability of the
programmes and the compliance of the programmes and the proposedimplementing bodies with Community rules and with their own specifi-!B2000R2879 — EN — 07.06.2001 — 001.001 — 4
cations. They shall also verify that the programmes offer value for money. In
particular, they shall check programmes against the following criteria:
— consistency between the strategies proposed and the objectives set,— the merit of the proposed measures,— their likely impact and success in increasing demand for the products
concerned,
— assurances that the proposing organisations are effective and represen-
tative,
— assurances that the proposed implementing body is effective and has the
required technical capacity.
7. After examining the programmes presented and without prejudice to the
second subparagraph of Article 9(3) of Regulation (EC) No 2702/1999, theMember State(s) concerned shall undertake to contribute to the financing ofthe selected programmes.
In the case of programmes of interest to more than one Member State and
proposed in response to a joint call for proposals, the Member Statesconcerned shall cooperate in selecting the programmes and shall undertake tocontribute to their financing in accordance with the second sentence of Article
10(2).
Article 8
In cases where a Member State makes no financial contribution and the
second subparagraph of Article 9(3) of Regulation (EC) No 2702/1999 is not
applied, the trade or intertrade organisation of that Member State shall beexcluded from the programme.
Article 9
1.
"M1No later than 30 April each year and in the first instance 15 June
2001, the Member States shall send the Commission the list of programmesand implementing bodies they have selected and a copy of each programme.
3In the case of programmes of interest to more than one Member State, this
notification shall be carried out by common accord of the Member States
concerned.
2. The Commission shall examine the programmes presented to ensure that
they comply with Community rules and meet the criteria referred to in Article
7(6).
Where the Commission finds that a programme does not comply with
Community rules or fails to meet the criteria referred to in Article 7(6), itshall immediately notify the Member State(s) concerned that all or part of that
programme is ineligible.
3. After evaluating the programmes, where necessary with the help of one or
more technical assistants as referred to in Article 8(1) of Regulation (EC) No2702/1999, and, where applicable, after consulting the Standing Group on the
Promotion of Agricultural Products of the Advisory Committee on
Agricultural Product Health and Safety, the Commission shall take a decisionby 30 September at the latest on the programmes presented and theirimplementing bodies in accordance with the procedure laid down in Article
11 of Regulation (EC) No 2702/1999.
4. The proposing trade or intertrade organisations shall be responsible for
the proper implementation of the programmes selected.
Article 10
1. The Community’s financial contribution to measures as referred to in
Article 9(1)(b) of Regulation (EC) No 2702/1999 shall amount to:
(a) 50 % of the actual cost of measures under programmes lasting one year;(b) 60 % of the actual cost of measures during the first year and 40 % during
the second year under programmes lasting two years, up to a total
Community contribution not exceeding 50 % of the total cost of theprogramme;!B2000R2879 — EN — 07.06.2001 — 001.001 — 5
(c) 60 % of the actual cost of measures during the first year, 50 % during the
second year and 40 % during the third year under programmes lastingthree years, up to a total Community contribution not exceeding 50 % ofthe total cost of the programme.
This financial contribution shall be paid to Member States as referred to in
Article 8(4) of Regulation (EC) No 2702/1999.
2. The Member States’ financial contributions to measures as referred to in
Article 9(2) of Regulation (EC) No 2702/1999 shall amount to 20 % of their
actual cost. Where more than one Member State contributes to the financing,the share to be paid by each shall be proportionate to the financialcontribution of the proposing organisation established in its territory.
Article 11
1. Under the procedure for selecting programmes referred to in Article 7(1)
of Regulation (EC) No 2702/1999, as soon as the Member States concernedhave been notified of the Commission’ s decision to approve promotionprogrammes, they shall inform the individual organisations concerned
whether or not their applications have been accepted.
2. The Member States shall conclude contracts with the selected
organisations within 30 calendar days of notification of the Commission’ s
decision. Beyond that deadline, no contracts may be concluded without priorauthorisation from the Commission.
The Member States shall use standard contracts supplied by the Commission.3. Contracts may not be concluded by the two parties until a performance
security equal to 15 % of the maximum financial contribution from the
Community and the Member State(s) concerned has been lodged in order to
ensure satisfactory performance of the contract. Performance securities shallbe lodged in accordance with Title III of Regulation (EEC) No 2220/85.
However, where the contractor is a body governed by public law or acts under
the supervision of such a body, the competent authority of the Member State
may accept a written guarantee from the supervisory body covering an amount
equal to the percentage specified in the first subparagraph, provided that thatbody undertakes to ensure 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 the first subparagraph of paragraph 2.
Performance securities shall be released within the time limit and on the terms
laid down in Article 13 of this Regulation for payment of the balance.
4. The primary requirement within the meaning of Article 20 of Regulation
(EEC) No 2220/85 shall be the implementation of the measures covered by
the contract.
5. The Member State shall immediately send the Commission a copy of the
contract and proof that the performance security has been lodged. It shall alsosend a copy of the contract concluded by the selected 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 14.
Article 12
1. Within 30 calendar days of signing of the contract, the contractor may
submit an application for an advance payment to the Member State, togetherwith the security provided for in paragraph 3. Beyond that date, noapplications for an advance payment may be made.
The advance payment may amount to no more than 30 % of the sum of the
contribution from the Community and the Member State(s) concerned.!B2000R2879 — EN — 07.06.2001 — 001.001 — 6
2. The Member State shall pay the advance within 30 calendar days of
submission of the application for advance payment. Where payment is madelate, Article 4 of Commission Regulation (EC) No 296/96 (
1) shall apply.
3. The advance shall be paid on condition that the contractor lodges a
security equal to 110 % of that advance in favour of the Member State inaccordance with Title III of Regulation (EEC) No 2220/85.
However, if the contractor is a body governed by public law or acts under the
supervision of such a body, the competent authority may accept a written
guarantee from the supervisory body covering an amount equal to the
percentage specified in the first subparagraph, provided that that bodyundertakes to pay the amount covered by its guarantee should entitlement tothe advance paid not be established.
Article 13
1. Applications for intermediate payments of the Community and Member
States’ contributions shall be submitted before the end of the calendar month
following the month in which each period of 90 calendar days calculated from
the date of signing of the contract expires. Such applications shall cover theexpenditure incurred during the quarter concerned and shall be accompanied
by a summary financial statement, the relevant supporting documents and an
interim report on the implementation of the contract. Where no expenditurehas been incurred during the quarter concerned, a statement to that effect shallbe submitted within the same time limit as for applications for intermediate
payments.
Except in cases of force majeure , where an application for intermediate
payment and the relevant documents are submitted late, the payment shall be
reduced by 3 % for each whole month by which it is overdue.
Intermediate payments and the advance payment referred to in Article 12(1)
taken together may not exceed 80 % of the total financial contribution fromthe Community and the Member States concerned. Once that percentage isreached, no more intermediate payment applications may be submitted.
2. Applications for payment of the balance shall be submitted within four
months of completion of the measures covered by the contract.
To be considered as duly submitted, applications must be accompanied by:(a) a summary financial statement showing all expenditure schedules and
incurred and all relevant supporting documents relating to theexpenditure;
(b) a summary of the work carried out (report on operations);(c) an internal report, drawn up by the contractor, evaluating the results
obtained, as ascertainable at the date of the report, and the use that can bemade of them.
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.
3. The balance shall not be paid until the documents referred to in paragraph
2 have been checked.
Where the primary requirement referred to in Article 11(4) is not satisfied in
full, the balance payable shall be reduced proportionately.
4. The security referred to in Article 12(3) shall be released on condition
that definitive entitlement to the advance paid has been established.
5. The Member State shall make the payments referred to in the previous
paragraphs within 60 calendar days of receipt of the application for payment.
However, that period may be interrupted at any time during the 60 days afterthe application for payment is first recorded as received, by notifying the
contractor concerned that the application is not admissible either because the
amount is not due or because the supporting documents required for alladditional applications have not been supplied or because the Member Statesees the need for further information or checks. The payment period shall start
running again from the date of receipt of the information requested, which!B
(1) OJ L 39, 17.2.1996, p. 5.2000R2879 — EN — 07.06.2001 — 001.001 — 7
must be forwarded within 30 calendar days. Except in cases of force majeure ,
where the above payments are made late, the amount reimbursed to theMember State shall be reduced in accordance with Article 4 of Regulation(EC) No 296/96.
6. Performance securities as provided for in Article 11(3) must remain valid
until the balance is paid and shall be released by means of a letter of dischargeissued by the competent authority.
7. Within 30 calendar days of receipt, the Member State shall send the
Commission:
— the quarterly reports on implementation of the contract,
— the summaries referred to in paragraph 2(a) and (b), and
— the internal evaluation report.
8. After the balance has been paid, the Member State shall send the
Commission a financial statement detailing the expenditure incurred underthe contract.
It shall also certify that in the light of checks carried out all the expenditure
may be considered eligible under the terms of the contract.
9. Any securities forfeit and penalties imposed shall be deducted from the
expenditure part-financed by the Community and declared to the EAGGF
Guarantee Section.
Article 14
1. In particular by means of technical, administrative and accounting checks
at the premises of the contractor and the implementing body, the MemberStates shall take the steps necessary to verify that:
(a) the information and supporting documents supplied are accurate, and
(b) all the obligations laid down in the contract have been fulfilled.
Without prejudice to Council Regulation (EEC) No 595/91 (
1), the Member
States shall inform the Commission at the earliest opportunity of anyirregularities detected during checks.
2. The Member State concerned shall determine the most appropriate way
of checking on the measures covered by this Regulation and shall notify theCommission thereof.
3. In the case of programmes proposed by organisations operating in more
than one Member State, the Member States concerned shall take the necessary
steps to coordinate their checks and shall inform the Commission thereof.
4. The Commission may take part at any time in the verifications and
checks provided for in paragraphs 2 and 3. To that end, the competent
authorities of the Member States shall notify the Commission in good time ofverifications and checks planned.
It may also carry out any additional checks it considers necessary.
5. The Monitoring Group provided for in Article 8(3) of Regulation (EC)
No 2702/1999 shall meet regularly to monitor progress in implementation of
the various programmes.
To that end, the Monitoring Group shall be informed of the timetable for the
planned measures under each programme, the programme implementation
reports and the results of the checks carried out in accordance with Articles 13
and 14.
The Monitoring Group shall be chaired by a representative of the Member
State concerned; where programmes are proposed by organisations operating
in more than one Member State, it shall be chaired by a representative
designated by the Member States concerned.
Article 15
1. Where undue payments are made, the beneficiary shall repay the amounts
concerned plus interest calculated on the basis of the time elapsing between
payment and repayment by the beneficiary.!B
(1) OJ L 67, 14.3.1991, p. 11.2000R2879 — EN — 07.06.2001 — 001.001 — 8
The interest rate applicable shall be that applied by the European Monetary
Institute to its operations in euro on the date of the undue payment, aspublished in the ‘C’ series of the Official Journal of the European
Communities , plus three percentage points.
2. Amounts recovered and the relevant interest shall be paid to the paying
agencies and departments and deducted by them from the expenditure
financed by the European Agricultural Guidance and Guarantee Fund in
proportion to the Community financial contribution.
Article 16
This Regulation shall enter into force on the seventh day following its
publication in the Official Journal of the European Communities .
It shall apply until 31 December 2004.
This Regulation shall be binding in its entirety and directly applicable in all
Member States.!B2000R2879 — EN — 07.06.2001 — 001.001 — 9
ANNEX
List of third-country markets where promotion measures may be carried out
— Switzerland
— Norway
— Central and Eastern Europe
— Russia— Japan
— China
— South Korea— South-East Asia
— India
— Middle East— North Africa
— Republic of South Africa
— North America— Latin America
— Australia and New Zealand
List of products which may be covered by promotion measures in third countries
— Fresh, chilled and frozen beef, veal and pigmeat; food preparations based on these
products
— Quality poultrymeat— Cheese and yoghurt
— Olive oil and table olives
— Quality wines psr, table wines with a geographical indication— Spirit drinks with a geographical indication or a reserved traditional description
— Fresh and processed fruit and vegetables
— Products processed from cereals and rice!
B2000R2879 — EN — 07.06.2001 — 001.001 — 10