2000R2826 — EN — 01.01.2005 — 001.001

This document is meant purely as a documentation tool and the institutions do not assume any liability for its contents

Amended by:









▼B

COUNCIL REGULATION (EC) No 2826/2000

of 19 December 2000

on information and promotion actions for agricultural products on the internal market







THE COUNCIL OF THE EUROPEAN UNION, Having regard to the Treaty establishing the European Community, and in particular Article 37 thereof, Having regard to the proposal from the Commission ( 1 ), Having regard to the opinion of the European Parliament ( 2 ), Having regard to the opinion of the Economic and Social Committee ( 3 ), Having regard to the opinion of the Committee of the Regions, Whereas: (1) Under the sectoral provisions in force, the Community can carry out promotional work on the internal market for a number of agricultural products. (2) Given the outlook for the markets and the experience acquired, and in order to provide full information to consumers, a comprehensive and consistent information and promotion policy should be followed, on the internal market, for agricultural products and their method of production, and in a subsidiary way for food products, on the same lines as provided for in regard to third countries but with no encouragement to consumption of any product by reason of its specific origins. (3) Such a policy will usefully supplement and reinforce the schemes run by Member States by boosting product image in Community consumers' eyes, in particular as regards the quality, nutritional value and safety of foodstuffs and the methods of production. (4) Criteria should be set for selecting products and sectors concerned and the themes of the Community campaign. (5) To ensure the consistency and effectiveness of programmes, the general approach regarding the essential elements of these should be defined for each product or sector by means of guidelines. (6) Given the technical nature of the tasks to be performed, the Commission should be able to have recourse to a committee of communication experts or to technical assistants. (7) Financing rules must be set: as a general rule, so that proposing organisations and Member States assume their responsibilities, the Community should meet only part of the cost of actions. However, in exceptional cases it may be more suitable not to require any financial contribution from the relevant Member States. In the case of information on some Community schemes regarding product origin, organic production, relevant logo and labelling as well as on the graphic symbols laid down in the said legislation, in particular for extremely remote regions, financing shared between the Community and Member States may be justified by the need to provide information to the public on these relatively recent schemes. (8) To ensure the greatest cost-effectiveness, the implementation of actions should be entrusted, through appropriate procedures, to bodies with the necessary structure and expertise. (9) In order to verify the proper implementation of the programmes and their impact, programme execution should be carefully monitored by Member States and the impact of actions assessed by an independent body. (10) The measures necessary for the implementation of this Regulation should be adopted in accordance with Council Decision 1999/468/EC of 28 June 1999 laying down the procedures for the exercise of implementing powers conferred on the Commission ( 4 ). (11) Expenditure on the financing of actions and European technical assistance should be classed as intervention expenditure under Article 1(2)(e) of Council Regulation (EC) No 1258/1999 of 17 May 1999 on the financing of the common agricultural policy ( 5 ). (12) The promotional measures contained in the sectoral regulatory provisions differ in their rules of execution and have been frequently amended. As a result they are difficult to apply. They should be standardised, simplified and incorporated in a single text. Accordingly, the sectoral provisions and rules regarding promotion should be repealed. (13) Measures should be laid down for transition between the sectoral provisions and rules and the new arrangements provided for in this Regulation, Whereas: HAS ADOPTED THIS REGULATION:







Article 1

1. The Community may finance, wholly or in part, actions of information and promotion in respect of agricultural products and their method of production and food products, carried out in its territory.

2. The actions referred to in paragraph 1 must not be brand-oriented nor incite to consumption of a product on grounds of its specific origin. This provision does not exclude the possibility of indicating the origin of a product covered by actions referred to in Article 2 in the case of designations conferred under Community provisions.

Article 2

The actions referred to in Article 1 shall comprise:

(a) public relations work, promotion and advertising, which in particular draws attention to intrinsic features and advantages of Community products, notably the quality and safety of food, specific production methods, nutritional and health value, labelling, high animal welfare standards and respect for the environment;

(b) participation in events, fairs and exhibitions of national or European importance, in particular with stands aimed at upgrading the image of Community products;

▼M1

(c) information campaigns, in particular on the Community systems covering protected designations of origin (PDOs), protected geographical indications (PGIs), guaranteed traditional specialities (GTSs) and organic production, as well as other Community regimes concerning quality standards and labelling for agricultural products and foodstuffs, and the graphic symbols laid down in the relevant Community legislation, including the graphic symbol for extremely remote regions;

▼B

(d) actions of information on the Community system covering quality wines produced in specified regions (quality wines psr), wines with geographical indication and spirit drinks with geographical indication or reserved traditional indication;

(e) studies to assess the results of the promotion and information activities.

Article 3

The sectors and products which may be covered by the actions referred to in Article 1 shall be determined having regard to the following criteria:

(a) the desirability of drawing attention to the quality, typical features, specific production method, nutritional and health value, safety, welfare or environment-friendliness of the products in question, by means of thematic or target-specific campaigns;

(b) the implementation of a consumer information labelling system and of product traceability and control systems;

(c) the need to tackle specific or short-term difficulties in individual sectors;

(d) the desirability of providing information on the Community PDO/PGI, GTS and organic production schemes;

(e) the desirability of providing information on the Community system covering quality wines psr, wines with geographical indication and spirit drinks with geographical indication or reserved traditional indication.

Article 4

1. Every two years the Commission shall, in accordance with the procedure laid down in Article 13, draw up a list of the themes and products referred to in Article 3. If necessary this can be modified in the interval by the same procedure.

▼M1 —————

▼B

Article 5

1. For each sector or product selected the Commission shall, in accordance with the procedure laid down in Article 13(2), adopt a strategy defining guidelines to which proposals for information and promotion programmes must conform.

▼M1 —————

▼B

3. These guidelines shall give general indications, in particular concerning:

(a) objectives and targets,

(b) one or more themes to be the subject of the measures selected,

(c) the types of action to be undertaken,

(d) the duration of programmes,

(e) the indicative distribution, by market and type of measure, of the amount available for the Community's contribution to programmes.

▼M1

Article 6

1. To carry out the measures referred to in Article 2(a), (b), (c) and (d) and in accordance with the guidelines referred to in Article 5, the professional and/or interprofessional organisation(s) representing the sector(s) in one or more Member States or at Community level shall draw up proposals for promotion and information programmes lasting no longer than three years.

Member States shall draw up a specification laying down the requirements and criteria for evaluating the programmes.

2. The Member State(s) concerned shall examine the suitability of each proposed programme and its conformity with the provisions of this Regulation, the guidelines referred to in Article 5 and the relevant specification. They shall also check that the programme offers value for money.

Once having examined the programme or programmes, the Member State(s) shall draw up a list of programmes within the limit of available funds and shall undertake to contribute to their funding.

3. The Member State(s) shall send the Commission the list of programmes and copies of the programmes.

If the Commission finds that a programme which has been submitted, or certain actions thereof, are not in accordance with Community provisions or with the guidelines referred to in Article 5, or do not offer value for money, it shall, within a time limit to be determined in accordance with the procedure referred to in Article 13(2), notify the Member State(s) concerned of the ineligibility of all or part of the programme. Once that time limit has been exceeded, the programme shall be deemed eligible.

The Member State(s) shall take account of any observations made by the Commission and shall send the programmes, revised in agreement with the proposing organisation, to the Commission, within a period of time to be determined in accordance with the procedure referred to in Article 13(2).

4. The Commission shall decide, in accordance with the procedure referred to in Article 13(2), which programmes are accepted and the corresponding budgets. Programmes submitted by more than one Member State or providing for actions in more than one Member State shall be given priority.

5. After inviting competitive offers by all appropriate means, the proposing organisation shall select the bodies which shall implement the programmes. However, under certain conditions to be determined in accordance with the procedure referred to in Article 13(2), the proposing organisation may be authorised to implement certain parts of the programme.

6. In accordance with the procedure referred to in Article 13(2), the Commission may set minimum and/or maximum effective cost limits for the programmes to be submitted under this Article. These cost limits may be differentiated according to the nature of the programmes concerned. Criteria in this respect may be defined in accordance with the procedure referred to in Article 13(2).

▼B

Article 7

1. In the absence of information programmes for one or more of the actions referred to in Article 2(c) presented by the organisations referred to in Article 6 each interested Member State shall draw up on the basis of guidelines established by the Commission its specification and select through a public call for tenders the implementing body for the programme it undertakes to part-finance.

2. It shall send the Commission the chosen programme accompanied by a reasoned opinion on its suitability, its conformity and that of the proposed body with the provisions of this Regulation and the guidelines, and its value for money.

▼M1

3. For the purposes of the Commission's examination of the programmes, Article 6(3) and (4) shall apply.

▼M1

4. In accordance with the procedure referred to in Article 13(2), the Commission may set minimum and/or maximum effective cost limits for the programmes submitted under this Article. These cost limits may be differentiated according to the nature of the programmes concerned. Criteria in this respect may be defined in accordance with the procedure referred to in Article 13(2).

Article 7a

After the Management Committee referred to in Article 13(1) or, where appropriate, the Regulatory Committees referred to in Regulations (EEC) No 2092/91 ( 6 ), (EEC) No 2081/92 ( 7 ) or (EEC) No 2082/92 ( 8 ) have been informed, the Commission shall decide on the following measures:

(a) measures referred to in Article 2(e) of this Regulation;

(b) measures referred to in Article 2(b), (c) and (d) of this Regulation, where such measures have a Community-wide interest or no appropriate proposals have been submitted under the procedures established in Articles 6 or 7 of this Regulation.

▼M1

Article 8

The Commission shall, on the basis of an open or restricted invitation to tender, choose:

(a) any technical assistance needed to evaluate the proposed programmes, including the proposed implementing bodies;

(b) the body or bodies responsible for implementing the measures referred to in Article 7a.

▼B

Article 9

▼M1

1. The Community shall fund the measures referred to in Article 7a in their entirety. The Community shall also fund entirely the cost of technical assistants selected according to Article 8(a).

2. The Community's contribution to the programmes referred to in Articles 6 and 7 shall not exceed 50 % of the real cost of the programmes. In the case of promotion programmes lasting two or three years, the contribution for each year of implementation shall not exceed that maximum limit.

3. The proposing organisation(s) shall fund at least 20 % of the real cost of the programmes referred to in Article 6, the rest of the financing being borne by the Member State(s) concerned, taking into account the Community's contribution referred to in paragraph 2. The respective shares of the Member State(s) and proposing organisation(s) shall be defined at the time the programme is submitted to the Commission in accordance with Article 6(3). The payments made by Member States and/or the proposing organisations may come from parafiscal charges or compulsory contributions.

▼B

4. For the actions referred to in Article 7, Member States shall be responsible for the part of the financing not supplied by the Community.

Member States' payments may come from parafiscal charges.

▼M1

5. Articles 87, 88 and 89 of the Treaty shall not apply to the financial contributions provided by Member States and to the financial contributions, coming from parafiscal charges or compulsory contributions, provided by Member States and/or proposing organisations, for the programmes subject to Community support within the scope of Article 36 of the Treaty and which the Commission has decided to accept in accordance with Article 6(4) or Article 7(3).

▼B

Article 10

1. The body or bodies entrusted with implementing the actions referred to in Article 6(1) and Article 7(1) must have expertise in the products and markets concerned and have the necessary resources for highly effective implementation, having due regard to the programmes' European dimension.

▼M1

2. A monitoring group, comprising representatives of the Commission, the Member States concerned and the proposing organisations concerned, shall supervise the proper conduct of the programmes referred to in Articles 6 and 7.

3. The Member States concerned shall be responsible for monitoring programmes referred to in Articles 6 and 7 and for making the payments in respect thereof. The Member States shall ensure that any information or promotion material produced under an accepted programme complies with Community law.

▼B

Article 11

Community financing of the actions referred to in Article 1 shall be held to fall under Article 1(2)(e) of Regulation (EC) No 1258/1999.

Article 12

Detailed rules for the application of this Regulation shall be adopted in accordance with the procedure laid down in Article 13(2).

Article 13

1. The Commission shall be assisted by the Management Committee for Oils and Fats set up under Article 37 of Regulation No 136/66/EEC ( 9 ) and by the management committees set up under the corresponding articles of the other regulations on the common organisation of agricultural markets (hereinafter called ‘the Committees’).

2. In cases where reference is made to this paragraph, Articles 4 and 7 of Decision 1999/468/EC shall apply.

The period laid down in Article 4(3) of Decision 1999/468/EC shall be set at one month.

3. The Committees shall adopt their rules of procedure.

▼M1

Article 13a

Before drawing up the list referred to in Article 4, or laying down the guidelines referred to in Article 5, or approving programmes referred to in Articles 6 and 7, or deciding on measures in accordance with Article 7a, or taking implementation measures in accordance with Article 12, the Commission may consult:

(a) the Standing Group on Promotion of Agricultural Products of the Advisory Committee on Agricultural Product Health and Safety;

(b) technical ad hoc working groups composed of members of the Management Committee referred to in Article 13(1), and/or experts with particular expertise in promotion and publicity matters.

▼M1

Article 14

Before 31 December 2006, the Commission shall present to the European Parliament and the Council a report on the application of this Regulation, together with any appropriate proposals.

▼B

Article 15

1. The following provisions shall be deleted:

(a) Article 11 of Council Regulation 136/66/EEC of 22 September 1966 on the establishment of a common organisation of the market in oils and fats ( 10 ),

(b) Article 2 of Council Regulation (EEC) No 1308/70 of 29 June 1970 on the common organisation of the market in flax and hemp ( 11 ),

(c) Article 20(4) of Council Regulation (EEC) No 3763/91 of 16 December 1991 introducing specific measures in respect of certain agricultural products for the benefit of the French overseas departments ( 12 ),

(d) Articles 1 and 2 of Council Regulation (EEC) No 1332/92 of 18 May 1992 introducing specific measures for table olives ( 13 ),

(e) Article 31(4) of Council Regulation (EEC) No 1600/92 of 15 June 1992 concerning specific measures for the Azores and Madeira relating to certain agricultural products ( 14 ),

(f) Article 26(4) of Council Regulation (EEC) No 1601/92 of 15 June 1992 concerning specific measures for the Canary Islands with regard to certain agricultural products ( 15 ),

(g) the second indent of the second paragraph of Article 1 and the second subparagraph of Article 2(1) of Council Regulation (EC) No 399/94 of 21 February 1994 concerning specific measures for dried grapes ( 16 ),

(h) Article 54 of Council Regulation (EC) No 2200/96 of 28 October 1996 on the common organisation of the market in fruit and vegetables ( 17 ),

(i) Article 35(5) of Council Regulation (EC) No 1493/1999 of 17 May 1999 on the common organisation of the market in wine ( 18 ).

2. In Regulation (EC) No 399/94 the words ‘and the promotion’ and ‘(d) and (e)’ shall be deleted from the first paragraph of Article 1 and Article 2(2) respectively.

3. Council Regulations (EEC) No 1195/90 of 7 May 1990 on measures to increase the consumption and utilisation of apples ( 19 ), (EEC) No 1201/90 of 7 May 1990 on measures to increase the consumption of citrus fruit ( 20 ), (EEC) No 2067/92 of 30 June 1992 on measures to promote and market quality beef and veal ( 21 ), (EEC) No 2073/92 of 30 June 1992 on promoting consumption in the Community and expanding the markets for milk and milk products ( 22 ), (EC) No 2275/96 of 22 November 1996 introducing specific measures for live plants and floricultural products ( 23 ) and (EC) No 2071/98 of 28 September 1998 on publicity measures on the labelling of beef and veal ( 24 ) shall be repealed.

4. The provisions, terms and regulations specified in paragraphs 1 and 2 shall remain applicable to promotion and information programmes decided before the entry into force of the Regulation applying this Regulation.

Article 16

The Commission shall adopt, in accordance with the procedure provided for in Article 13(2), the necessary measures to facilitate transition from the provisions referred to in Article 15 to those of this Regulation.

Article 17

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

It shall apply from 1 January 2001.

This Regulation shall be binding in its entirety and directly applicable in all Member States.