Commission Regulation (EC) No 803/98 of 16 April 1998 laying down detailed rules for 1998 for the application of Council Regulation (EC) No 2275/96 introducing specific measures for live plants and floricultural products
Date: 1998-04-16
Institutions: European Commission
Subjects: EU financing, action programme, eligibility criteria, floriculture, living plant, sales promotion

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Official Journal of the European Communities

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COMMISSION REGULATION (EC) No 803/98

of 16 April 1998

laying down detailed rules for 1998 for the application of Council Regulation
(EC) No 2275/96 introducing specific measures for live plants and floricultural
products

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European
Community,

Whereas, for 1997, the second allocation of funds was
made on 13 October 1997; whereas, in view of this late
date,
the
programmes in question should, exceptionally, be carried
forward for the period concerned;

the date for payment of

the advance for

Having regard to Council Regulation (EC) No 2275/96 of
22 November 1996 introducing specific measures for live
plants and floricultural products (1), and in particular
Article 5 thereof,

Whereas the constraints of budget management require a
penalty to be applied where the deadline for presentation
of payment applications is not complied with;

Whereas Regulation (EC) No 2275/96 provides for a
Community
to
increase the consumption of Community live plants and
floricultural products within the Community and abroad;

contribution to measures

financial

Whereas the principal measures eligible for a Community
financial contribution should be defined;

Whereas such measures must form part of a coherent
strategy and provide guarantees as to the achievement in
the medium term of the planned objectives and as to the
satisfaction of Community interests; whereas they must
commit the main operators in the sector, be presented in
a standard form and contain the information necessary for
their assessment;

Whereas the procedure to be followed and the criteria to
be applied for determining for 1998 the Member States in
which the promotional measures are to be implemented
and for allocating the overall amount available for the
measures among them should be laid down;

Whereas the procedures for the submission of applica-
tions for assistance by the professional organisaions and
for the assessment and selection of the measures by the
bodies authorized by the Member States should be laid
down; whereas the procedures should allow the Commis-
sion to forward its observations to the Member States;

Whereas provision should be made for the possibility of a
second round of financing;

Whereas the various provisions concerning fulfilment of
the commitments made should be laid down in contracts
concluded between the parties concerned and the com-
standard
petent national authorities on the basis of
contracts supplied by the Commission;

Whereas the Member States should check the implemen-
tation of the measures and the Commission should be
kept informed of the results of the measures provided for
in this Regulation;

Whereas the measures provided for in this Regulation are
in accordance with the opinion of
the Management
Committee for Live Plants,

HAS ADOPTED THIS REGULATION:

Article 1

1.
The measures to increase the consumption of live
plants and floricultural products within the Community
and abroad referred to in Article 1 of Regulation (EC) No
2275/96 shall be presented in the form of programmes.

‘Programme’ means a coherent

2.
set of measures
which are of sufficient scope to contribute to increasing
the disposal of production and consumption, and, where
appropriate, to that end, help target production and adapt
it to market requirements.

Programmes shall be implemented over a period of
the annual

3.
one or more years from the signing of
contracts referred to in Article 7(2).

However, the duration of programmes shall not exceed
three years from the signing of the contract entered into
during the first year of application of this Regulation.

Article 2

(1) OJ L 308, 29. 11. 1996, p. 7.

1.

Programmes may cover the following measures:

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(a) the organisation of generic promotional campaigns on
radio and television, in the press and by means of
posters;

(b) the organisation of information at point of sale;

(c) the organisation of and participation in fairs and other

events;

(d) the production of publications and audiovisual ma-

terial;

(e) the organisation of public relations campaigns for

Sweden

Greece

Finland

Portugal

Ireland

opinion-formers and the general public;

Luxemburg

Country

Allocation
(ECU ’000)

Allocation
(%)

195,205

185,277

133,234

100,000

100,000

100,000

1,33

1,25

0,89

0,68

0,68

0,68

(f)

the preparation of teaching aids.

The programmes may be accompanied by the fol-

2.
lowing additional measures:

(a) market studies and consumer surveys;

(b) the distribution to operators of the results of mar-

keting research;

(c) the development of new packaging and presentations.

3. Measures receiving other Community assistance or
receiving other national or regional assistance shall not be
eligible.

The use of funds raised from the compulsory charges on
traders in live plants and floricultural products levied on
products entirely obtained in the Member State concerned
shall not be considered as national or regional assistance
for the purposes of this Article.

However, for the years 1997, 1998 and 1999, measures
receiving national or regional assistance not exceeding
20 % of the total budget may be eligible.

Article 3

EUR 15

14 886,296

100,00

2.
In the event that all or part of the amount allocated
to a Member State for a given year is not used, that
Member State may choose to allocate that amount to
another selected project pending as a result of insufficient
funding or to forego payment of the amount concerned.
In that case, the available amount shall be redistributed
pro rata among the Member States concerned by the
Commission.

Article 4

1.
The programmes referred to in Article 1 shall be
presented by representative groups of operators in one or
more branches of activity in the live plant and floricul-
tural products sector, such as producer organisations or
their unions or traders’ organisations or their associations.

A group submitting an application for assistance
2.
shall have sole responsibility for implementation of the
measures for which financial assistance is granted. The
group must have the legal capacity necessary to imple-
ment the measures and shall have its head office in the
Community.

For 1998, the available Community financial contri-

1.
bution shall be distributed as follows:

Article 5

Country

Allocation
(ECU ’000)

Allocation
(%)

Netherlands

Germany

Italy

France

United Kingdom

Spain

Denmark

Belgium

Austria

4 444,444

2 637,000

2 587,129

1 522,344

867,907

693,694

566,066

503,497

250,500

29,60

17,58

17,42

10,22

6,22

4,62

3,77

3,36

1,67

1.
Applications for assistance shall be submitted to the
competent body of the Member State in which the head
office of the group is located by 15 May 1998.

In the event of a second round of financing, the Com-
mission shall specify the closing date for submission of
applications.

Applications shall contain all the information listed in
the Annex and be accompanied by:

(a) details of the situation with regard to the marketing
live plants and floricultural

and consumption of
products in the regions concerned;

(b) the anticipated results of the proposed measures and
their capacity to achieve the general and specific
objectives laid down in the programme.

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2.
The competent body shall verify the accuracy of the
information given in applications and their compliance
with Regulation (EC) No 2275/96 and this Regulation.
Before 21 June 1998, the Member State concerned shall
draw up, on the basis of the criteria referred to in Article
6, a provisional list of the measures selected to receive
Community financial assistance within the limit of the
amounts determined in accordance with Article 3. The
financial assistance shall amount to 60 % of the actual
eligible cost of the selected measures.

The Member State shall

3.
immediately forward the
provisional list of selected measures with a copy of the
relevant applications to the Commission. The Commis-
sion shall transmit to the Member States any observations
it may have on the measures in question with a view to
guaranteeing their
legality and their coordination at
Community level. From the 31st day following the date
specified in paragraph 2, each Member State shall draw up
a final list of selected measures and forward it to the
Commission without delay.

The security shall be lodged in accordance with the
conditions laid down in Title III of Commission Regula-
tion (EEC) No 2220/85 (1).

The primary requirement within the meaning of Article
20 of that Regulation shall be the implementation, within
the time limits laid down, of the measures referred to in
the contract.

The security shall be released within the time limit and
under the conditions laid down in Article 8 of this Regu-
lation for payment of the balance.

The contracting competent body shall immediately

4.
send a copy of the contract to the Commission.

Article 8

1.
After the contract has been signed, the contractor
may submit to the competent body an application for an
advance.

Article 6

The advance may cover up to 30 % of the Community
financing.

the merits of

The list of selected measures shall be drawn up, in par-
ticular, on the basis of the coherence of the strategies
presented,
the
expected impact of their implementation, and the group’s
capacity to implement the measures and the guarantees
presented as to the groups’ efficiency and representative
nature.

the proposed measures,

Member States shall give preference to measures to be
implemented in the territories of several Member States.

Article 7

The competent bodies shall

inform applicants as
1.
quickly as possible of the decision taken on their applica-
tion for assistance.

2. Within one month following the drawing up of the
list of selected measures pursuant
the
competent bodies shall conclude annual contracts with
the applicants concerned. No contracts may be concluded
after expiry of that time limit.

to Article 5(3),

shall use standard constracts
The competent bodies
supplied by the Commission. Those contracts
shall
contain the general conditions which the contractor is
considered to know and accept.

3.
Contracts shall not take effect until contractors have
lodged in favour of the competent body a security equal
to 15 % of the Community financing in order to ensure
If proof of
correct
lodging of the security does not reach the competent
body within two weeks of conclusion of the contract, the
contract shall no longer have legal effect.

implementation of

the contract.

The competent body shall pay the advance not later than
15 October 1998.

However, if a second round of financing is decided after 1
September 1998, the advance may be paid at the latest
within 30 days following signature of the contract. For
1997, within 30 days of the publication of this Regulation.

Payment of the advance shall be subject to the lodging in
favour of
to
110 % of that advance in accordance with the conditions
laid down in Title III of Regulation (EEC) No 2220/85.

the competent body of a security equal

2.
Applications for payment shall be submitted before
the end of the month following each quarter from the
date of signature of the contract and shall be accom-
panied by supporting documents and an interim report
on the implementation of the contract.

Except in cases of force majeure, where an application for
payment with the relevant documentation is submitted
late,
the payment shall be reduced by 3 % for each
month by which it is overdue.

However, the payments and the advance referred to in
paragraph 1 may not in aggregate exceed 75 % of the
total Community financial contribution.

3.
Applications for payment of the balance shall be
submitted before the end of the fourth month following
completion of the measures covered by the contract. They
shall be accompanied by:

(a) appropriate supporting documents;

(b) a summary of the work carried out;

(1) OJ L 205, 3. 8. 1985, p. 5.

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(c) an internal evaluation report on the results obtained,
as ascertainable on the date of the report, and the use
that can be made of them.

3.
The competent body of the Member State concerned
shall determine the most appropriate way of carrying out
checks on measures implemented in third countries and
shall notify the Commission thereof.

Except in cases of force majeure, where an application for
payment of the balance with the relevant documentation
is submitted late, the balance shall be reduced by 3 % for
each month by which it is overdue.

4.
The Commission may at any time take part in the
verifications and checks referred to in paragraphs 1, 2
and 3.

Payment of the balance shall be subject to checking

4.
of the documents referred to in paragraph 3.

It may also carry out any additional checks it considers
necessary.

The balance shall be reduced in proportion to the failure
to fulfil the primary requirement referred to in Article
7(3).

The security referred to in paragraph 1 shall be
5.
released provided that definitive entitlement
to the
amount advanced has been established when the balance
is paid.

6.
The competent body shall make the payments
referred to in paragraphs 1 to 5 within three months of
receipt of the application. It may, however, postpone the
payments referred to in paragraphs 2 and 4 where addi-
tional checks are required.

7.
The competent body shall forward the evaluation
reports referred to in paragraph 3 to the Commission as
soon as possible.

8.
The overall amount for each Member State fixed for
1998 in accordance with Article 3 shall be converted into
national currency at the agricultural conversion rate ap-
plicable on 15 April 1998.

Article 9

1.
The competent bodies shall take the steps necessary
to verify, in particular by means of technical, adminis-
trative and accounting checks on the contractor, any part-
ners and subcontractors:

(a) the accuracy of the information and supporting docu-

ments supplied;

(b) fulfilment of all

the obligations laid down in the

contract.

They shall immediately inform the Commission of the
results of their checks.

For

the purposes of paragraph 1, where

2.
the
contractor implements measures in a Member State other
than that in which the contracting competent body is
established,
the Member State
concerned shall afford the latter all necessary assistance.

the competent body of

Article 10

During the final year of a programme, an external evalu-
ation of the planned and approved measures shall be
carried out by an independent body selected by the
Member State with the approval of the Commission.

The external evaluation shall comprise an evaluation of
the results obtained in relation to the objectives laid down
for the planned and approved measures and a cost/benefit
analysis of each measure and the whole programme on
the basis of performance indicators (output and input).

The evaluation shall be sent to the Commission immedi-
ately.

The competent body shall pay for the evaluation, which
shall be financed on the same conditions as the promo-
tional measures.

Article 11

1. Where undue payments are made, the beneficiary
shall repay the amounts concerned plus interest calcu-
alted on the basis of the time elapsing between payment
and repayment by the beneficiary.

The interest rate to be used shall be that applied by the
European Monetary Institute to its operations in ecus
applicable on the date of the undue payment, published
in the ‘C’ series of the Official Journal of the European
Communities, increased by three percentage points.

Amounts recovered and the relevant interest shall be
2.
paid to the paying agencies
and
deducted by them from the expenditure financed by the
European Agricultural Guidance and Guarantee Fund in
proportion to the Community financial contribution.

and departments

Article 12

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

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

Done at Brussels, 16 April 1998.

For the Commission

Franz FISCHLER

Member of the Commission

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ANNEX

AID APPLICATION

I

GENERAL INFORMATION

1. Title:

2. Products concerned:

3. Measures:

............................................................................................................................................................................

............................................................................................................................................................................

............................................................................................................................................................................

............................................................................................................................................................................

............................................................................................................................................................................

............................................................................................................................................................................

............................................................................................................................................................................

............................................................................................................................................................................

............................................................................................................................................................................

............................................................................................................................................................................

4. Duration:

1 year (cid:30)

2 years (cid:30)

3 years (cid:30)

5.

Identification of applicant:

5.1. Group

— Name or company name:

........................................................................................................................

— Legal status:

...............................................................................................................................................

........................................................ Date established:

........................................................

— Registered place of business:

Street: ........................................................ No .................... Box:

........................................................

Postal code:

..................................... Town:

..................................... Country:

.....................................

Telephone: ......................................... Telex:

......................................... Fax:

.........................................

— Bank details:

Name:

........................................................... Agency or branch:

...........................................................

Street:

......................... No ............ Box:

............ Town:

......................... Country:

.........................

Account No:

..............................................................................................................................................

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5.2. Partners (one form for each)

Name or company name:

Legal status:

Main activity:

Type:
(1)

OP (cid:30)

AS (cid:30)

IT (cid:30)

C (cid:30)

D (cid:30)

O (cid:30)

Role in the group: — Partner

— Prime contractor

(cid:30)

(cid:30)

Responsibility and contribution to implementation of the programme:

Experience and references (field of activity):

Contribution to financing of programme (in national currency):

— First year

— Second year

— Third year

Total:

Right to use the results:

(1) OP = Producers’ organization.

IT = Processing firm.
AS = Association.

C = Trader.
D = Retailer.
O = Other.

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6.

Financing of the programme

6.1. Total cost of programme (1) (2):

............................................................................................................

(ecu)

6.2. Community contribution requested:

....................................................................................................

(ecu)

(a) year 1: .................................................................................................................................................

(ecu)

(b) year 2: .................................................................................................................................................

(ecu)

(c) year 3: .................................................................................................................................................

(ecu)

6.3. Contribution of the group: ....................................................................................................................

(ecu)

of which:

— own funds: ..................................................................................................................................................

— loans: ............................................................................................................................................................

— payments in kind: ......................................................................................................................................

— other contributions: ....................................................................................................................................

7. General information:

Subcontractors:

Yes (cid:30)

No (cid:30)

If yes, specify which:

......................................................................................................................................

............................................................................................................................................................................

Specify task(s):

..................................................................................................................................................

............................................................................................................................................................................

............................................................................................................................................................................

Type of commitment:

Contract (3) (cid:30)

Other (3) (cid:30)

If other, specify which:

..................................................................................................................................

............................................................................................................................................................................

8. Declaration

The undersigned declare(s):

(a) that he/they have the necessary funds to ensure full financing of the programme;

(b) that he/they are not receiving any other Community financial assistance or any other national or

regional grant or subsidy equal to more than 20 % of the total budget.

...................................................................................
(Date)

...................................................................................
(Signature) (4)

(1) Exclusive of VAT.
(2) For the duration of implementation of the programme.
(3) Attach copy.
(4) Of the person authorized by the group or partners.

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II

DESCRIPTION OF THE PROGRAMME

Programmes must contain at least the following:

1. A summary of the programme concerning the aspects referred to in points 3 to 6 (not more than two

pages).

2. Reasons and objectives.

3. The proposed measures.

4. Strategy: targets, methods, the phases of implementation and the timetable.

5. Implementation of the measures: details of the technical, scientific, economic, financial, media, logistic

aspects.

6. The anticipated results and advantages for the sector and the Community market.

7. The criteria for assessing progress and results on completion of the programme.

8. Outlook as regards use and dissemination of results.

III

BUDGET

The net budget for the measures, before tax, expressed in ecus, broken down and reasoned (1), showing how
the amount is to be allocated by category and by year.

(1) On the basis of estimates, fees, etc. and, in the case of subcontracting, offers.