Proposal for a Council Regulation on information provision and promotion for agricultural products on the internal market
Date: 2000-09-08
Institutions: European Commission
Subjects: EU financing, agricultural product, consumer information, sales promotion, single market

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Proposal for a Council Regulation on information provision and promotion for agricultural
products on the internal market

(2000/C 365 E/24)

(Text with EEA relevance)

COM(2000) 538 final (cid:16) 2000/0226(CNS)

(Submitted by the Commission on 8 September 2000)

THE COUNCIL OF THE EUROPEAN UNION,

committee of communication experts or
assistants.

to technical

Having regard to the Treaty establishing the European
Community, and in particular Article 37 thereof,

Having regard to the proposal from the Commission,

Having regard to the opinion of the European Parliament,

Having regard to the opinion of
Committee,

the Economic and Social

Having regard to the opinion of the Committee of the Regions,

Whereas:

(1) Under the sectoral provisions in force the Community can
carry out promotional work on the internal market for a
number of agricultural products.

(2) Given the outlook for the markets and the experience
acquired, and in order to provide full
information to
consumers, a comprehensive and consistent information
and promotion policy should be followed for agricultural
products and in a subsidiary way for food products, on
the same lines as provided for in regard to countries
outside the Union, but with no encouragement
to
consumption of any product by reason of
its specific
origins.

(3) Such a policy will usefully supplement and reinforce the
schemes run by Member States by boosting product
image in consumers’ eyes,
in particular as regards the
quality, nutritional value and safety of foodstuffs.

(4) Criteria should be set for selecting products and sectors
concerned and the themes of the Community campaign.

(5) To

the

ensure

consistency

of
programmes the essential elements of these should be
defined for each product or sector by means of guidelines,
supplemented by specifications to be drawn up by the
Member States.

effectiveness

and

(7) Financing rules must be set. As a general rule, so that
proposing organisations and Member States assume their
responsibilities, the Community should meet only part of
the cost of measures. However, in exceptional cases it may
be more suitable not to require any financial contribution
case of
from the
In the
information on some Community schemes
(product
origin, organic production,
financing shared
between the Community and Member States is justified
by the need to provide information to the public on these
relatively recent schemes.

relevant Member States.

labelling)

(8) To ensure the greatest cost-effectiveness, the implemen-
tation of measures should be entrusted, through appro-
priate procedures, to bodies with the necessary structure
and expertise.

(9) Programme execution should be carefully monitored by
Member States and the impact of measures assessed by an
independent body.

(10) The necessary implementing measures for this Regulation
will be adopted in accordance with Article 2 of Council
Decision 1999/468/EC of 28 June 1999 laying down the
procedures
implementing powers
conferred on the Commission (1). These measures should
be adopted using the management committee procedure
provided for
that Decision. The
in Article 4 of
management committees concerned will act jointly.

the exercise of

for

(11) Expenditure on the financing of measures and technical
assistance should be classed as intervention expenditure
under Article 1(2)(e) of Council Regulation (EC) No
1258/1999 (2).

(12) The promotional measures contained in the sectoral regu-
latory provisions, differing in their rules of execution and
variously amended, were difficult to apply. They should be
standardised, simplified and incorporated in a single text.
The sectoral provisions on promotion should therefore be
repealed.

(6) Given the technical nature of the tasks to be performed
the Commission should be able to haverecourse to a

(1) OJ L 184, 17.7.1999, p. 23.
(2) OJ L 160, 26.6.1999, p. 103.

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(13) Measures should be laid down for transition between the
sectoral provisions and the new arrangements provided
for in this Regulation,

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

HAS ADOPTED THIS REGULATION:

sectors;

(c) the need to tackle short-term difficulties in individual

Article 1

The Community may finance, wholly or

1.
in part,
information provision and promotion for agricultural and
food products carried out in its territory.

2. Measures as referred to in paragraph 1 must not be
brand-oriented or incite to consumption of a product on
grounds of its specific origin. This does not exclude the possi-
bility of indicating the origin of a product covered by measures
as referred to in Article 2 in the case of designations conferred
under Community provisions.

Article 2

Measures as referred to in Article 1 shall comprise:

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

standards

(b) participation in events, fairs and exhibitions of national or
in particular with stands aimed at

European importance,
upgrading the image of Community products;

(c) information provision notably on the Community protected
indi-
designation of origin (PDO), protected geographical
(TSG),
cation (PGI),
organic production and labelling provided for
in agri-
cultural legislation;

guaranteed

traditional

speciality

(d) information provision on the Community system covering
quality wines produced in specified regions (quality wines
psr), table wines and spirit drinks with geographical indi-
cation;

(e) impact assessment of the measures carried out.

Article 3

The sectors and products to be covered by measures as referred
to in Article 1 shall be determined with regard to:

(a) the desirability of drawing attention to the quality, typical
specific production method, nutritional value,
the
safety
thematic or target-

features,
hygiene,
products in question, by means of
specific campaigns;

environment-friendliness

or

of

(d) the desirability of providing information on the Community

PDO/PDI, TSG and organic production schemes;

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

Article 4

Every three years the Commission shall,

in accordance
1.
with the procedures laid down in Article 13, draw up a list
of the themes and products referred to in Article 3. If necessary
this can be modified in the interval
through the same
procedure.

2.
Before drawing up the list referred to in paragraph 1 the
Commission may consult the Standing Group on Agricultural
Product Promotion of the Advisory Committee on Quality and
Health in Agricultural Production.

Article 5

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

2.

These guidelines shall specify:

(a) objectives and targets,

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

selected,

(c) the types of action to be undertaken,

(d) the duration of programmes,

(e) the distribution, by market and type of measure, of the
the Community’s contribution to

amount available for
programmes.

Article 6

For measures as referred to in Article 2(a), (b) and (d)
1.
interested Member
the
Commission’s guidelines, draw up a specification and issue a
call for proposals open to trade and inter-trade organisations in
the Community.

shall, on the basis of

States

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in

in

question

In response to such calls for proposals, organisations as
2.
the
referred to in paragraph 1 that are representative of
sector(s)
an
collaboration with
shall,
implementing body that they have selected by means of an
invitation to tender, draw up an information and promotion
programme of a maximum duration of 36 months. A
programme may cover one or more Member States and may
be from a European-level organisation or an organisation
spanning one or more Member States. Programmes in the
last category shall have priority.

3. Member States shall examine the suitability of each
the proposed
programme and its conformity and that of
implementing body with the provisions of
this Regulation,
the guidelines and the relevant specification. They shall also
verify that the programme offers value for money. They shall
list of programmes and bodies
then draw up a provisional
selected (within the limit of available funds) and undertake to
contribute to financing these programmes.

Article 8

1.
For drawing up the guidelines referred to in Article 5 the
Commission may call on the assistance of a committee of
independent communication experts or on technical assistants.

The Commission shall use an open or restricted call for

2.
tenders to select:

B technical assistants as referred to in paragraph 1,

B the body(ies) charged with assessing the impact of measures

implemented pursuant to Articles 6 and 7.

Article 9

1.

The Community shall finance:

(a) in full, measures as referred to in Article 2(e);

4. Member States shall send the Commission a provisional
list of programmes and bodies selected and copies of
the
programmes.

(b) in part, the other information and promotion measures

referred to in Article 2.

2.
The Community’s contribution to measures as referred to
in paragraph 1(b) may not exceed 50 % of their actual cost.

If the Commission finds that a programme is not in line with
Community rules or the guidelines, it shall within a time limit
to be determined notify the Member State(s) concerned of the
ineligibility of all or part of that programme.

Member States shall take account of any observations made by
the Commission within the set time limit. On its expiry they
shall draw up and immediately send the Commission a final list
of selected programmes.

Article 7

1.
For measures as referred to in Article 2(c) each interested
Member State shall, on the basis of the Commission guidelines,
draw up its specification and select through a public call for
tenders
it
undertakes to part-finance.

implementing body for

the programme

the

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

3. Without prejudice to paragraph 4, Member States shall
the actual cost of measures as referred to in
for 20 % of
paragraph 2,
financing falling to the
the
proposing organisations. The payments made by Member
States and trade or inter-trade organisations may come from
parafiscal charges.

rest of

the

However, where justified and provided that the programme is
of manifest Community interest,
in
accordance with the procedure laid down in Article 13, that
the proposing organisation will be responsible for all
the
financing not supplied by the Community.

it may be decided,

4.
For measures as referred to in Article 2(c) Member States
shall be responsible for the financing not supplied by the
Community.

Member States’ payments may come from parafiscal charges.

Article 10

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

3.
For the purposes of the Commission’s examination of
programmes and their final approval by Member States the
second and third subparagraphs of Article 6(4) shall apply.

2. Member States will be responsible for surveillance and
payments
than those
in the case of all measures other
referred to in Article 9(1)(a).

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Article 11

Community financing of measures as referred to in Article 1
shall be held to fall under Article 1(2)(e) of Council Regulation
(EC) No 1258/1999 of 17 May 1999 on the financing of the
common agricultural policy.

Article 12

B Article 31(4) of Regulation (EEC) No 1600/92 concerning
specific measures for the Azores and Madeira relating to
certain agricultural products (6),

B Article 26(4) of Regulation (EEC) No 1601/92 concerning
specific measures for the Canary Islands with regard to
certain agricultural products (7),

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

B the second indent of the second paragraph of Article 1 and
the second subparagraph of Article 2(1) of Regulation (EC)
No 399/94 concerning
for dried
grapes (8),

specific measures

Article 13

of

the

For

implementation

this Regulation

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

In cases where reference is made to this Article, Articles 4

2.
and 7 of Decision 1999/468/EC shall apply.

The period mentioned in Article 4(3) of Decision

3.
1999/468/EC shall be one month.

4. Matters
Chairman on his own initiative or at
Member State.

shall be referred to the Committee by its
the request of a

Article 14

Every three years, for the first time before 31 December 2004,
the Commission shall send the Council and the European
this Regulation
Parliament a report on the application of
accompanied by any appropriate proposals.

Article 15

1.

The following provisions are withdrawn:

B Article 11 of Regulation No 136/66/EEC on the estab-
lishment of a common organisation of the market in oils
and fats (2),

B Article 2 of Regulation (EEC) No 1308/70 on the common

organisation of the market in flax and hemp (3),

B Article 20(4) of Regulation (EEC) No 3763/91 introducing
specific measures in respect of certain agricultural products
for the benefit of the French overseas departments (4),

B Articles 1 and 2 of Regulation (EEC) No 1332/92 intro-

ducing specific measures for table olives (5),

(1) OJ 172, 30.9.1966, p. 3025/66.
(2) OJ 172, 30.9.1966, p. 3025/66.
(3) OJ L 146, 4.7.1970, p. 1.
(4) OJ L 356, 24.12.1991, p. 1.
(5) OJ L 145, 27.5.1992, p. 1.

B Article 54 of Regulation (EC) No 2200/96 on the common
organisation of the market in fruit and vegetables (9),

B Article 35(5) of Regulation (EC) No 1493/1999 on the

common organisation of the market in wine (10).

The words Dand the promotionE and D(d) and (e)E are deleted
from the first paragraph of Article 1 and Article 2(2)
respectively of Regulation (EC) No 399/94.

Regulations (EEC) No 1195/90 on measures to increase
2.
the consumption and utilisation of apples (11),
(EEC) No
1201/90 on measures to increase the consumption of citrus
fruit (12),
(EEC) No 2067/92 on measures to promote and
market quality beef and veal (13),
(EEC) No 2073/92 on
promoting consumption in the Community and expanding
the markets for milk and milk products (14), (EC) No 2275/96
introducing specific measures for live plants and floricultural
products (15) and (EC) No 2071/98 on publicity measures on
the labelling of beef and veal (16) are repealed.

The provisions,

3.
specified in
paragraphs 1 and 2 shall remain applicable to promotion
and information programmes begun before 1 January 2001.

and regulations

terms

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 from 1 January 2001.

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

(6) OJ L 173, 27.6.1992, p. 1.
(7) OJ L 173, 27.6.1992, p. 13.
(8) OJ L 54, 25.2.1994, p. 3.
(9) OJ L 297, 21.11.1996, p. 1.
(10) OJ L 179, 14.7.1999, p. 1.
(11) OJ L 119, 11.5.1990, p. 53.
(12) OJ L 119, 11.5.1990, p. 65.
(13) OJ L 215, 30.7.1992, p. 57.
(14) OJ L 215, 30.7.1992, p. 67.
(15) OJ L 308, 29.11.1996, p. 7.
(16) OJ L 265, 30.9.1998, p. 2.