Council Regulation (EC) No 2702/1999 of 14 December 1999 on measures to provide information on, and to promote, agricultural products in third countries
Date: 1999-12-14
Institutions: Council of the European Union
Subjects: agricultural product, consumer information, foodstuff, sales promotion, third country

21. 12. 1999

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COUNCIL REGULATION (EC) No 2702/1999

of 14 December 1999

on measures to provide information on, and to promote, agricultural products in third countries

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),

Whereas:

(1)

(2)

(3)

(4)

(5)

Under current legislation the Community can conduct
promotional measures in third countries for a limited
number of agricultural products; the results so far have
been very encouraging;

the experience gained,

In view of
the prospects for
market growth both within and outside the Community
and the new context of international trade, a consistent
overall policy needs to be developed towards informa-
tion and promotion on the markets of third countries;

Such a policy can usefully supplement and strengthen
the measures undertaken by the Member States, espe-
cially by promoting the image of Community products
on international markets as regards food quality and
safety in particular; this activity, by helping to open up
new markets, is also likely to have a multiplier effect on
national and private initiatives;

The selection criteria for the products involved and
markets must be identified; however, products qualifying
for export refunds are not excluded from the system;

As a general rule, the Commission should provide only
part of the requisite funding, so that the proposer organ-
isations and Member States concerned can share the
responsibility; however, in exceptional cases it may be

(1) OJ C 32, 6.2.1999, p. 12.
(2) OJ C 219, 30.7.1999
(3) OJ C 169, 16.6.1999, p. 8.

(6)

(7)

(8)

(9)

(10)

appropriate not to require a financial contribution from
the Member State concerned;

Provision should be made whereby the Commission of
the European Communities,
through the appropriate
procedures, can delegate implementation of the meas-
ures to bodies with the necessary facilities and skills;

In view of the experience gained and the results achieved
by the International Olive Oil Council in its promotional
activities, provision should, however, be made to
continue delegating to it measures falling within its
it should also be possible to
sphere of responsibility;
seek the assistance of similar international organisations
for other products;

To monitor the proper conduct of the programmes and
the impact of the measures, provision should be made
for effective monitoring by the Commission and the
Member States and for evaluation of the results by an
independent body;

As a result, Regulations (EC) No 136/66/EEC (4), (EEC)
No 1308/70 (5) and (EC) No 2275/96 (6) should be
amended;

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 (7), and it
is
appropriate therefore that those measures be adopted
under the management procedure laid down in Article 4
of the said Decision. In this context the management
committees concerned will act jointly,

HAS ADOPTED THIS REGULATION:

Article 1

1.
The Community may fund, in whole or in part, measures
in third countries that provide information on, or promote,
agricultural products and food products.

2.
The measures referred to in paragraph 1 shall not be
directed towards particular brand names, nor shall they favour
the products of any one Member State.

(4) Council Regulation No 136/66/EEC of 22 September 1966 on the
establishment of a common organisation of the market in oils and
fats (OJ L 172, 30.9.1966, p. 3025). Regulation as last amended by
Regulation (EC) No 1638/98 (OJ L 210, 28.7.1998, p. 32).

(5) Council Regulation (EEC) No 1308/70 of 29 June 1970 on the
common organisation of the market in flax and hemp (OJ L 146,
4.7.1970, p. 1). Regulation as last amended by Regulation (EC) No
3290/94 (OJ L 349, 31.12.1994, p. 105).

(6) Council Regulation (EC) No 2275/96 of 22 November 1996 intro-
ducing specific measures for live plants and floricultural products
(OJ L 308, 29.11.1996, p. 7).

(7) OJ L 184, 17.7.1999, p. 23.

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Article 2

However, this list may be amended in the interim, if necessary.

The measures referred to in Article 1 shall be:

(a) public relations, promotional or publicity measures,

in
particular highlighting the advantages of Community prod-
ucts, especially in terms of quality, hygiene, food safety,
nutrition,
environment-
friendliness;

animal welfare or

labelling,

(b) participation at events, fairs or exhibitions of international
of

especially

provision

through

the

importance,
Community exhibition stands;

(c) information campaigns,

in particular on the Community
system of protected designations of origin (PDOs),
protected geographical
indications (PGIs) and traditional
speciality guaranteed (TSGs) and of organic farming;

(d) information campaigns on the Community system of
quality wines produced in specified regions (QWPSR), table
wines and spirit drinks with a geographical

indication;

(e) studies of new markets, necessary for the expansion of

market outlets;

(f) high-level trade visits;

(g) studies to evaluate the results of the promotional and infor-

mation measures.

Article 3

The following products in particular shall be eligible for the
measures referred to in Article 1:

(a) products intended for direct consumption or processing for
which export opportunities or potential new market outlets
in third countries exist, especially where export refunds will
not be required;

(b) typical or quality products displaying high added value.

Article 4

In choosing the third countries in which the measures referred
to in Article 1 will be carried out, account shall be taken of the
markets of countries where there is actual or potential demand.

Article 5

1.
In accordance with the procedure referred to in Article
11, the Commission shall draw up every two years a list of the
products and markets referred to in Articles 3 and 4 respec-
tively.

2.
Before the list referred to in paragraph 1 is drawn up, the
Commission may consult the Standing Group on the Promo-
tion of Agricultural Products of the Advisory Committee on
Agricultural Product Health and Safety.

Article 6

Where measures are decided on in particular for the olive oil
and table olive sector, the Community may carry them out
through the International Olive Oil Council.

In the case of other sectors, the Community may seek the help
of international organisations offering similar guarantees.

Article 7

1.
To carry out the measures referred to in Article 2(a), (b),
(d) and (e) and subject to Article 6, the trade or inter-trade
organisation or organisations representing the sector or sectors
concerned shall draw up promotion and information
programmes lasting no longer than three years and shall
propose the name of a body which may be entrusted with
implementing the programmes.

Without prejudice to the second subparagraph of Article 9(3)
and once the programme or programmes and the body or
bodies proposed to implement them have been approved, the
Member States concerned shall undertake to contribute to
funding the programmes and shall
them to the
Commission. The Commission shall approve the programmes
and the body or bodies responsible for implementing them, in
accordance with the procedure laid down in Article 11 and
shall give preference to programmes from organisations that
cover several Member States.

submit

Before approving the programmes,
the Commission may
consult the Standing Group on the Promotion of Agricultural
Products of the Advisory Committee on Agricultural Product
Health and Safety.

2.

The Commission shall decide on the measures:

(a) referred to in Article 2(c) and (f) as well as those referred to
in Article 2(b) and (e) where the second subparagraph of
Article 9(1) applies, or

(b) carried out by an international organisation as referred to

in Article 6,

after the Management Committee for the sectors in question or,
where appropriate, the Regulatory Committees referred to in
Regulations (EEC) No 2092/91 (1), (EEC) No 2081/92 (2) and
(EEC) No 2082/92 (3) have been informed.

Before taking a decision, the Commission may consult the
Standing Group on the Promotion of Agricultural Products
referred to in the third subparagraph of paragraph 1.

(1) Council Regulation (EEC) No 2092/91 of 24 June 1991 on organic
production of agricultural products and indications referring thereto
on agricultural products and foodstuffs (OJ L 198, 22.7.1991, p. 1).
Regulation as last amended by Regulation (EC) No 1804/1999 (OJ L
262, 8.10.1999, p. 23).

(2) Council Regulation (EEC) No 2081/92 of 14 July 1992 on the
protection of geographical indications and designations of origin for
agricultural products and foodstuffs (OJ L 208, 24.7.1992, p. 1).
Regulation as last amended by Commission Regulation (EC) No
1068/97 (OJ L 156, 13.6.1997, p. 10).

(3) Council Regulation (EEC) No 2082/92 of 14 July 1992 on certifi-
cates of specific character for agricultural products and foodstuffs
(OJ L 208, 24.7.1992, p. 9). Regulation as last amended by the
1994 Act of Accession.

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Article 8

The Commission shall, on the basis of an open or

1.
restricted invitation to tender, choose:

— any technical assistants needed to evaluate the proposed
programmes, including the proposed implementing bodies;

— the body or bodies responsible for implementing the meas-
ures referred to in Article 2(c) and (f) and also, where the
second subparagraph of Article 9(1) applies, in Article 2(b)
and (e);

— the body or bodies responsible for evaluating the results of

the measures implemented.

2.
The body or bodies responsible for implementing the
measures referred to in Articles 7(1) and 8(1) shall have
the products concerned and the
specialist knowledge of
targeted markets and have the resources to ensure that the
measures are implemented as effectively as possible, taking
account of the European dimension of these programmes.

3.
A Monitoring Group, comprising representatives of the
Commission, the Member States concerned and the proposer
organisations,
the
measures.

supervise the proper conduct of

shall

4.
The Member States concerned shall be responsible for
monitoring measures other than those referred to in the second
indent of paragraph 1 and for making payments in respect
thereof.

Article 9

the trade or inter-trade organisations may also be funded out of
quasi-tax revenue.

However, in duly substantiated cases and on condition that the
programme concerned is clearly of Community interest, it may
in accordance with the procedure laid down in
be decided,
Article 11, that the proposer organisation shall provide all that
part of the funding not borne by the Community.

4. Where Article 6 applies,
the Community shall, after
approving the programme, grant an appropriate contribution
to the international organisation in question.

Article 10

Community expenditure on the measures referred to in Article
1 shall be considered intervention within the meaning of
Article 1(2)(e) of Council Regulation (EC) No 1258/1999 of 17
May 1999 on the financing of
the common agricultural
policy (1).

Article 11

The measures necessary for the implementation of this Regula-
tion shall be adopted in accordance with the management
procedure set out in Article 12(2).

Article 12

1.
The Commission shall be assisted by the Management
Committee for Oils and Fats set up under Article 37 of Regula-
tion No 136/66/EEC and by the Management Committees set
up under the corresponding Articles of the other Regulations
on the common organisation of agricultural markets.

2. 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 one month.

1. Without prejudice to paragraph 4, the Community shall
fund:

Article 13

(a) the measures referred to in Article 2(c), (f) and (g) in their

entirety;

Before 31 December 2003, 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) the other promotional and information measures listed in

Article 2 in part.

Article 14

However, in certain special cases the Community may fund the
measures referred to in Article 2(b) and (e) in full.

The Community's contribution to the measures referred
2.
to in paragraph 1(b) shall not exceed 50 % of the real cost of
the measures. However, in the case of promotions lasting at
least two years, the contribution shall be degressive, falling
from 60 % to 40 % of the real cost of the measures.

The words ‘or third countries’ in Article 11(1) of Regula-

1.
tion No 136/66/EEC shall be deleted.

The words ‘and elsewhere’ in the first indent of Article

2.
2(2) of Regulation (EEC) No 1308/70 shall be deleted.

The words ‘and abroad’ in Article 2(1) of Regulation (EC)

3.
No 2275/96 are hereby deleted.

Article 15

This Regulation shall enter into force on 1 January 2000.

3.
The Member States concerned shall contribute to the
measures referred to in paragraph 2 by covering 20 % of their
real costs, the remaining balance to be borne by the proposer
organisations. The share paid by the Member States and/or by

It shall apply until 31 December 2004.

(1) OJ L 160, 26.6.1999, p. 103.

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

Done at Brussels, 14 December 1999.

For the Council

The President

K. HEMILÄ