2000R2879 — EN — 01.10.2003 — 005.001 — 1
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►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
►M3Commission Regulation (EC) No 1854/2002 of 17 October 2002 L 280 7 18.10.2002
►M4Commission Regulation (EC) No 409/2003 of 5 March 2003 L 62 14 6.3.2003
►M5Commission Regulation (EC) No 2171/2003 of 12 December 2003 L 326 6 13.12.2003
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COMMISSIONREGULATION(EC)No2879/2000
of28December 2000
laying down detailed rules for applying Council Regulation (EC)
No 2702/1999 on measures to provide information on, and to
promote,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 topromote, agricultural productsin 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 productsand secondarily foodstuffs in third countries.
(2)In the interests of sound management, the frequency at whichlists of products and markets eligible under the abovementionedmeasures are to be drawn up should be specified.
(3)In order to prevent any risk of distortion of competition, guide-lines should be drawn up on the way the specific origin ofproductscovered by promotion and information campaignsistobe referred to.
(4)The procedure for presenting programmes and selecting imple-menting 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 MemberStates and their approval by the Commission should be estab-lished with a view to ensuring that the Community rules arecomplied with and that the measures to be implemented areeffective, in particular in the light of Council Directive 92/50/
EEC of 18 June 1992 relating to the coordination of procedures
for the award of public service contracts (
2), aslas t amended by
European Parliament and Council Directive 97/52/EC of 13October 1997 amending Directives92/50/EEC, 93/36/EEC and93/37/EEC concerning the coordination of proceduresfor theaward of public service contracts, public supply contracts and
public workscontractsres pectively (
3).
(6)The same rules should be applied to measures to be implementedby 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 effec-tive, the Member States must ensure that the programmesapproved are consistent with, and complement, their nationaland 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 isrejected for a lack of part-financing by a Member2000R2879 — EN — 01.10.2003 — 005.001 — 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.
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State and the second subparagraph of Article 9(3) of Regulation
(EC) No 2702/1999 doesnot apply.
(11)Detailed rulesmus t be laid down on the way the MonitoringGroup provided for in Article 8(3) of Regulation (EC) No2702/1999 isto operate.
(12)The checksto be carried out by the Member Statesin res pect ofprogrammesmanaged directly by them are to be determined.
(13)Detailed ruleson the Community'sfinancial contribution mus t be
laid down in the interests of sound financial management.
(14)The variousarrangementsto ens ure that the commitments
entered into are fulfilled must be laid down in contracts to be
concluded between the partiesconcerned and the competent
national authorities within a reasonable time limit on the basisof standard contracts supplied by the Commission.
(15)With a view to the proper performance of the contracts, contrac-
tors must lodge a security equal to 15 % of the Community
contribution 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), aslas t 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, inter-mediate payment applicationsand for late payment by theMember States.
(18)In the interests of sound financial management and in order toavoid any danger that paymentsto be made take up the wholeof the Community financial contribution and leave no balanceto pay, provision should be made for the advance and thevariousintermediate paymentsnot to exceed 80 % of the
Community contribution. To the same end, applications for
payment of the balance must reach the competent authoritieswithin a specified time limit.
(19)The Member Statesmus t monitor the implementation of themeasures covered by this Regulation and the Commission mustbe kept informed of the results thereof. In the interests of soundfinancial management, provision should be made for theMember Statesto cooperate where meas uresare implementedin a Member State 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
asthat 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 Commit-tees— Promotion of Agricultural Products ,
HAS ADOPTED THIS REGULATION:
Article 1
In accordance with Articles7(1) and 9(4) of Regulation (EC) No 2702/
1999, ‘programme’ means a coherent set of measures of a scope that is
sufficient to contribute towards improving information on, and sales of,the productsconcerned.2000R2879 — EN — 01.10.2003 — 005.001 — 3
(1) OJ L 205, 3.8.1985, p. 5.
(2) OJ L 240, 10.9.1999, p. 11.
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Article 2
1. The promotion and/or information message passed on to consu-
mers and other target groups must be based on the intrinsic qualitiesand/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 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 asset out in the Annex hereto.
Article 4
Where Article 6 of Regulation (EC) No 2702/1999 isapplied, the inter-
national 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 conditionsgoverning 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
Programmesasreferred 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 three yearsfrom the date on which the relevant contracttakeseffect.
Article 6
1. In the case of programmes as referred to in Article 7(1) of Regu-
lation (EC) No 2702/1999 that are of interest to more than one MemberState, preference shall be given to those covering a group of productsand placing particular emphasis on the quality, nutritional and foodsafety 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 thatemphasise 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
programmesasreferred to in Article 5, the trade or intertrade organis a-
tions in the Community that are representative of the sector(s)concerned shall submit programmes in response to calls for proposalsissued by the Member States concerned. Such programmes shallcomply with the specifications stipulating exclusion, selection andaward criteria and published to that end by the Member States
concerned.
2. The Member States shall take the necessary steps to ensure that
the authoritiesawarding contractsconcerning them enforce Directive92/50/EEC.2000R2879 — EN — 01.10.2003 — 005.001 — 4
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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 isplanned, the Member Statesconcerned s hall cooperatein 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 promotionprogrammes, where appropriate in cooperation with an implementingbody that they have selected by a competitive procedure checked bythe Member State. Such programmesmay be pres ented 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 programmes
presented complement national and regional campaigns.
6. The Member State(s) concerned shall check the suitability of the
programmesand the compliance of the programmesand the propos ed
implementing bodieswith Community rulesand with their own s peci-
fications. They shall also verify that the programmes offer value formoney. 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
productsconcerned,
— assurances that the proposing organisations are effective and repre-
sentative,
— assurances that the proposed implementing body is effective and
hasthe required technical capacity.
7. After examining the programmespres ented and without prejudice
to the second subparagraph of Article 9(3) of Regulation (EC) No2702/1999, the Member State(s) concerned shall undertake to contri-bute 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 MemberStates concerned shall cooperate in selecting the programmes and shallundertake 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 organis ation of that Member Stateshall be excluded from the programme.
Article 9
1.►
M4No later than 15 June and 15 December of each year, the
Member States shall send the Commission the provisional list ofprogrammesand implementing bodiesthey have s elected and a copyof each programme. ◄In the case of programmes of interest to more
than one Member State, thisnotification s hall be carried out by
common accord of the Member Statesconcerned.
2. The Commission shall examine the programmes presented to
ensure that they comply with Community rules and meet the criteriareferred to in Article 7(6).
Where the Commission finds that a programme does not comply with
Community rulesor failsto meet the criteria referred to in Article 7(6),it shall immediately notify the Member State(s) concerned that all orpart of that programme isineligible.2000R2879 — EN — 01.10.2003 — 005.001 — 5
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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 Productsof the
Advisory Committee on Agricultural Product Health and Safety, theCommission shall take a decision by ►
M415 September and 28
February ◄at the latest on the programmes presented and their imple-
menting bodiesin accordance with the procedure laid down in Article
11 of Regulation (EC) No 2702/1999.
For programmes presented in 2002, the Commission shall take a deci-
sion by 15 November 2002 at the latest.
4. The proposing trade or intertrade organisations shall be respon-
sible for the proper implementation of the programmes selected.
Article 10
1. The Community'sfinancial contribution to meas uresasreferred 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 underprogrammes lasting three years, up to a total Community contribu-
tion not exceeding 50 % of the total cost of the programme.
Thisfinancial contribution s hall be paid to Member Statesasreferred
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 shallbe proportionate to the financial contribution of the proposing organisa-tion 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, ass oon asthe MemberStates concerned have been notified of the Commission's decision toapprove promotion programmes, they shall inform the individual orga-nisations 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 concludedwithout prior authorisation from the Commission.
The Member States shall use standard contracts supplied by the
Commission.
3.►
M5Contractsmay not be concluded by the two partiesuntil a
performance security equal to 15 % of the maximum annual financialcontribution from the Community and the Member State(s) concernedhas been lodged in order to ensure satisfactory performance of the
contract. Performance securities shall be lodged in accordance with
Title III of Regulation (EEC) No 2220/85. ◄
However, where the contractor isa body governed by public law or
acts under the supervision of such a body, the competent authority ofthe Member State may accept a written guarantee from the supervisory2000R2879 — EN — 01.10.2003 — 005.001 — 6
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body covering an amount equal to the percentage specified in the first
subparagraph, provided that that body undertakes to ensure that:
— the obligationsentered into are properly dis charged, 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 termslaid down in Article 13 of thisRegulation for payment ofthe 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 beenlodged. It shall also send a copy of the contract concluded by theselected 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 daysof s igning of the contract, the contractor
may submit an application for an advance payment to the MemberState, together with the security provided for in paragraph 3. Beyond
that date, no applicationsfor 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 payment
is 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 MemberState in accordance with Title III of Regulation (EEC) No 2220/85.
However, if the contractor isa body governed by public law or acts
under the supervision of such a body, the competent authority mayaccept a written guarantee from the supervisory body covering anamount equal to the percentage specified in the first subparagraph,provided that that body undertakesto pay the amount covered by itsguarantee should entitlement to the advance paid not be established.
Article 13
1. Applicationsfor intermediate paymentsof the Community and
Member States' contributions shall be submitted before the end of thecalendar month following the month in which each period of 90calendar dayscalculated from the date of s igning of the contractexpires. Such applications shall cover the expenditure incurred during
the quarter concerned and shall be accompanied by a summary finan-
cial statement, the relevant supporting documents and an interim reporton the implementation of the contract. Where no expenditure hasbeenincurred during the quarter concerned, a statement to that effect shallbe submitted within the same time limit as for applications for inter-mediate payments.2000R2879 — EN — 01.10.2003 — 005.001 — 7
(1) OJ L 39, 17.2.1996, p. 5.
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Except in cases of force majeure , where an application for intermediate
payment and the relevant documentsare s ubmitted late, the paymentshall be reduced by 3 % for each whole month by which it is overdue.
Intermediate paymentsand the advance payment referred to in Article
12(1) taken together may not exceed 80 % of the total financial contri-
bution from the Community and the Member Statesconcerned. Once
that percentage isreached, no more intermediate payment applicationsmay be submitted.
2. Applications for payment of the balance shall be submitted within
four monthsof completion of the meas urescovered 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 the
expenditure;
(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 theuse that can 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 isoverdue.
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 satis-
fied 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 hasbeen
established.
5. The Member State shall make the payments referred to in the
previousparagraphswithin 60 calendar daysof receipt of the applica-
tion for payment. However, that period may be interrupted at any timeduring the 60 daysafter the application for payment isfirs t recorded asreceived, by notifying the contractor concerned that the application isnot admissible either because the amount is not due or because thesupporting documents required for all additional applications have not
been supplied or because the Member State sees the need for further
information 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 paymentsare made late, the amount reimburs ed to
the Member 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 discharge issued by the competent authority.
7. Within 30 calendar days of receipt, the Member State shall send
the Commission:
— the quarterly reportson 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
under the contract.
It shall also certify that in the light of checks carried out all the expen-
diture 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.2000R2879 — EN — 01.10.2003 — 005.001 — 8
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Article 14
1. In particular by meansof technical, adminis trative and accounting
checksat the premis esof 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,
and
(b) all the obligationslaid 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 opportunityof any irregularitiesdetected during checks .
2. The Member State concerned shall determine the most appro-
priate way of checking on the measures covered by this Regulationand shall notify the Commission thereof.
3. In the case of programmes proposed by organisations operating in
more than one Member State, the Member Statesconcerned s hall 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 checksprovided for in paragraphs2 and 3. To that end, the compe-
tent authorities of the Member States shall notify the Commission ingood time of verificationsand checksplanned.
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 imple-mentation of the variousprogrammes .
To that end, the Monitoring Group shall be informed of the timetable
for the planned measures under each programme, the programme
implementation reportsand the res ultsof the checkscarried out inaccordance with Articles13 and 14.
The Monitoring Group shall be chaired by a representative of the
Member State concerned; where programmes are proposed by organisa-tionsoperating in more than one Member State, it s hall be chaired by arepresentative designated by the Member States concerned.
Article 15
1. Where undue paymentsare made, the beneficiary s hall 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
EuropeanCommun ities , plusthree percentage points .
2. Amounts recovered and the relevant interest shall be paid to the
paying agenciesand departmentsand deducted by them from the
expenditure financed by the European Agricultural Guidance and Guar-
antee 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.
ThisRegulation s hall be binding in itsentirety and directly applicable
in all Member States.2000R2879 — EN — 01.10.2003 — 005.001 — 9
(1) OJ L 67, 14.3.1991, p. 11.
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ANNEX
List of third-country markets in which promotional measures may be
carried out
— Switzerland
— Norway— Romania— Bulgaria— 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 promotional 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— Table wineswith a geographical indication. Quality winesps r
— Spirit drinks with a geographical indication or a reserved traditional descrip-
tion
— Fresh and processed fruit and vegetables— Products processed from cereals and rice— Fibre flax2000R2879 — EN — 01.10.2003 — 005.001 — 10