2000R2879 — EN — 01.10.2001 — 002.001 — 1
This document is meant purely as a documentation tool and the institutions do not assume any liability for its contents
►B COMMISSIONREGULATION(EC)No2879/2000
of28December 2000
laying down detailed rules for applying Council Regulation (EC) No 2702/1999 on measures to
provideinformationon,andtopromote,agricultural productsinthirdcountries
(OJ L 333, 29.12.2000, p. 63)
Amended by:
Official Journal
No page date
►M1Commission Regulation (EC) No 962/2001 of 17 May 2001 L 136 3 18.5.2001
►M2Commission Regulation (EC) No 1955/2001 of 5 October 2001 L 266 8 6.10.2001
▼B
COMMISSIONREGULATION(EC)No2879/2000
of28December 2000
layingdowndetailedrulesforapplyingCouncilRegulation(EC)No
2702/1999onmeasurestoprovideinformationon,andtopromote,
agricultural productsinthirdcountries
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 and
secondarily foodstuffs in third countries.
(2)In the interests of sound management, the frequency at which listsof 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 ofproducts covered by promotion and information campaigns is to
be referred to.
(4)The procedure for presenting programmes and selecting imple-
menting bodies should be determined with aview to ensuring thebroadest possible competition and free movement of services.
(5)Criteriagoverning the selection of progra mmes by the MemberStates and their approval by the Commission should beestablished with a view to ensuring that the Community rulesare complied with and that the measures to be implemented are
effective, in particular in the light of Council Directive 92/50/
EEC of 18 June 1992 relating to the coordination of proceduresfor the award of public service contracts(
2), as last amended by
European Parliament and Council Directive 97/52/EC of 13October 1997 amending Directives 92/50/EEC, 93/36/EEC and
93/37/EEC concerning the coordination of procedures for the
award of public service contracts, public supply contracts andpublic 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 areeffective, the Member States must ensure that the programmes
approved are consistent with, and complement, their national and
regional programmes.
(8)To that end, preferential criteria must be laid down for selectingprogrammes so as to optimise their impact.
(9)In the case of programmes of interest to more than one MemberState, provision must be made for measures to ensure that theMember States concerned cooperate in submitting and scruti-nising programmes.
(10)The consequences must be spelled out for cases where aprogramme is rejected for a lack of part-financing by a MemberState and the second subparagraph of Article 9(3) of Regulation(EC) No 2702/1999 does not apply.2000R2879 — EN — 01.10.2001 — 002.001 — 2
(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.
▼B
(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 to operate.
(12)The checks to be carried out by the Member States in respect ofprogrammes managed directly by them are to be determined.
(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 concludedbetween the parties concerned and the competent nationalauthorities within a reasonable time limit on the basis of standardcontracts supplied by the Commission.
(15)With a view to the proper performance of the contracts,contractors must lodge a security equal to 15 % of the Communitycontribution in favour of the competent authority. To the sameend, a security must be lodged where an advance payment isapplied for.
(16)The primary requirement within the meaning of Article 20 ofCommission 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 mustbe 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 toavoid any danger that payments to be made take up the whole ofthe Community 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 Communitycontribution. To the same end, applications for payment of thebalance must reach the competent authorities within a specifiedtime limit.
(19)The Member States must monitor the implementation of themeasures covered by this Regulation and the Commission must bekept informed of the results thereof. In the interests of soundfinancial management, provision should be made for the MemberStates to cooperate where measures are implemented in a MemberState other than that in which the 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 accordancewith 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 issufficient to contribute 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 intrinsicqualities and/or characteristics of the product concerned.2000R2879 — EN — 01.10.2001 — 002.001 — 3
(1) OJ L 205, 3.8.1985, p. 5.
(2) OJ L 240, 10.9.1999, p. 11.
▼B
2. Promotion and/or information measures may not encourage the
consumption of aproduct 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 productneeded to illustrate the promotion or information campaign.
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 31December at the 1atest every second year. The first lists shall be as setout 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 the
Commission before 1 October each year with programmes as referred to
in Article 9(4) of that Regulation containing the measures planned forthe following year.
The conditions governing the granting and payment of the Community
contribution shall be laid down in an agreement on assistance concludedbetween 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 morethan three years from the date on which the relevant contract takeseffect.
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 andfood safety aspects of the Community 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 theycover.
Article 7
1. With a view to the implementation of measures contained in
programmes as referred to in Article 5, the trade or intertradeorganisations in the Community that are representative of the sector(s)
concerned shall submit programmes in response to calls for proposals
issued by the Member States concerned. Such programmes shall complywith the specifications stipulating exclusion, selection and award criteriaand 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 promotion2000R2879 — EN — 01.10.2001 — 002.001 — 4
▼B
programmes, where appropriate in cooperation with an implementing
body that they have selected by a competitive procedure checked by theMember State. Such programmes may be presented by trade or
intertrade organisations of Community scope or originating 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 programmespresented complement national and regional campaigns.
6. The Member State(s) concerned shall check the suitability of the
programmes and the compliance of the programmes and the proposed
implementing bodies with Community rules and with their ownspecifications. They shall also verify that the programmes offer valuefor money. In particular, they shall check programmes against thefollowing 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
representative,
— 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, the Member State(s) concerned shall undertake to contribute to the
financing of the 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 to contribute 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 isnot applied, the trade or intertrade organisation of that Member Stateshall be excluded 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 ofprogrammes and implementing bodies they have selected and a copy ofeach programme. ◄In 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),it shall 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) ofRegulation (EC) No 2702/1999, and, where applicable, after consulting
the Standing Group on the Promotion of Agricultural Products of the
Advisory Committee on Agricultural Product Health and Safety, theCommission shall take a decision by 30 September at the latest on theprogrammes presented and their implementing bodies in accordancewith the procedure laid down in Article 11 of Regulation (EC) No 2702/1999.2000R2879 — EN — 01.10.2001 — 002.001 — 5
▼M2
However, in the first year, the Commission shall take a decision by 20
November 2001 at the latest.
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 atotal Community contribution not exceeding 50 % of the total costof the programme;
(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 lasting three years, up to a total Community
contribution not exceeding 50 % of the 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 tothe financing, the share to be paid by each shall be proportionate to thefinancial contribution of the proposing organisation established in itsterritory.
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 concerned have been notified of the Commission's decision toapprove promotion programmes, they shall inform the individualorganisations concerned whether or not their applications have beenaccepted.
2. The Member States shall conclude contracts with the selected
organisations within 30 calendar days of notification of the Commis-sion's decision. Beyond that deadline, no contracts may be concluded
without prior authorisation 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 thecontract. Performance securities shall be lodged in accordance with TitleIII of Regulation (EEC) No 2220/85.
However, where the contractor is a body governed by public law or acts
under the supervision of such abody, the competent a uthority of theMember State may accept a written guarantee from the supervisory bodycovering an amount equal to the percentage specified in the first
subparagraph, provided that that body 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 subparagraphof paragraph 2.2000R2879 — EN — 01.10.2001 — 002.001 — 6
▼B
▼B
Performance securities shall be released within the time limit and on the
terms laid down in Article 13 of this Regulation for payment of thebalance.
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 also send 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,together with the security provided for in paragraph 3. Beyond that date,no applications 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.
2. The Member State shall pay the advance within 30 calendar days
of submission of the application for advance payment. Where paymentis made late, 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 in
accordance 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 body undertakes to pay the amount covered by itsguarantee should entitlement to the 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 calendardays calculated from the date of signing of the contract expires. Suchapplications shall cover the expenditure incurred during the quarterconcerned 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 expenditure has been incurred
during the quarter concerned, a statement to that effect shall besubmitted within the same time limit as for applications for intermediatepayments.
Except in cases of forcemajeure , where an application for intermediate
payment and the relevant documents are submitted late, the paymentshall 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 financialcontribution from the Community and the Member States concerned.Once that percentage is reached, 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.2000R2879 — EN — 01.10.2001 — 002.001 — 7
(1) OJ L 39, 17.2.1996, p. 5.
▼B
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 thatcan be made 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 % foreach 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 beenestablished.
5. The Member State shall make the payments referred to in the
previous paragraphs within 60 calendar days of receipt of the applicationfor payment. However, that period may be interrupted at any time duringthe 60 days after the application for payment is first recorded asreceived, 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 all additional applications have notbeen supplied or because the Member State sees the need for furtherinformation or checks. The payment period shall start running againfrom the date of receipt of the information requested, which must beforwarded within 30 calendar days. Except in cases of force majeure ,
where the above payments are made late, the amount reimbursed to the
Member State shall be reduced in accordance with Article 4 ofRegulation (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 aletter of discharge issued 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 incurredunder the 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 tothe 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
Member States shall take the steps necessary to verify that:
(a) the information and supporting documents supplied are accurate, and2000R2879 — EN — 01.10.2001 — 002.001 — 8
▼B
(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 any irregularities detected during checks.
2. The Member State concerned shall determine the most appropriate
way of checking on the measures covered by this Regulation and shallnotify the Commission thereof.
3. In the case of programmes proposed by organisations operating in
more than one Member State, the Member States concerned shall takethe necessary steps to coordinate their checks and shall inform theCommission 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 goodtime of verifications 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 inimplementation 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 imple-
mentation reports and the results of the checks carried out in accordancewith Articles 13 and 14.
The Monitoring Group shall be chaired by a representative of the
Member State concerned; where programmes are proposed byorganisations operating in more than one Member State, it shall bechaired 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.
The interest rate applicable shall be that applied by the European
Monetary Institute to its operations in euro on the date of the unduepayment, as published 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.2000R2879 — EN — 01.10.2001 — 002.001 — 9
(1)OJ L 67, 14.3.1991, p. 11.
▼B
ANNEX
Listofthird-countrymarketswherepromotionmeasuresmaybecarriedout
— 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 rice2000R2879 — EN — 01.10.2001 — 002.001 — 10