Council Regulation (EC) No 2826/2000 of 19 December 2000 on information and promotion actions for agricultural products on the internal market
Date: 2000-12-19
Institutions: Council of the European Union
Subjects: EU financing, agricultural product, consumer information, domestic market, sales promotion

L 328/2

EN

Official Journal of the European Communities

23.12.2000

COUNCIL REGULATION (EC) No 2826/2000

of 19 December 2000

on information and promotion actions for agricultural products on the internal market

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),

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

Whereas:

(1)

(2)

(3)

(4)

(5)

(6)

(7)

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

Given the outlook for the markets and the experience
information to
acquired, and in order to provide full
consumers, a comprehensive and consistent information
and promotion policy should be followed, on the
internal market,
for agricultural products and their
method of production, and in a subsidiary way for food
products, on the same lines as provided for in regard to
third countries but with no encouragement to consump-
tion of any product by reason of its specific origins.

Such a policy will usefully supplement and reinforce the
schemes run by Member States by boosting product
image in Community consumers' eyes, in particular as
regards the quality, nutritional value and safety of food-
stuffs and the methods of production.

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

the

consistency

To ensure
effectiveness of
programmes, the general approach regarding the essen-
tial elements of these should be defined for each product
or sector by means of guidelines.

and

Given the technical nature of the tasks to be performed,
the Commission should be able to have recourse to a
committee of communication experts or to technical
assistants.

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 actions. However, in exceptional cases
it may be more suitable not to require any financial
contribution from the relevant Member States. In the

(1) OJ C 365 E, 19.12.2000, p. 270.
(2) Opinion delivered on 15 December 2000 (not yet published in the

Official Journal).

(3) Opinion delivered on 15 December 2000 (not yet published in the

Official Journal).

case of
information on some Community schemes
regarding product origin, organic production, relevant
logo and labelling as well as on the graphic symbols laid
down in the said legislation, in particular for extremely
remote
the
Community and Member States may be justified by the
need to provide information to the public on these
relatively recent schemes.

financing

between

regions,

shared

(8)

(9)

(10)

(11)

(12)

the imple-
To ensure the greatest cost-effectiveness,
mentation of actions
through
appropriate procedures, to bodies with the necessary
structure and expertise.

should be entrusted,

In order to verify the proper implementation of the
programmes and their impact, programme execution
should be carefully monitored by Member States and the
impact of actions assessed by an independent body.

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 (4).

Expenditure on the financing of actions and European
technical assistance should be classed as intervention
expenditure under Article 1(2)(e) of Council Regulation
(EC) No 1258/1999 of 17 May 1999 on the financing of
the common agricultural policy (5).

The promotional measures contained in the sectoral
regulatory provisions differ in their rules of execution
and have been frequently amended. As a result they are
difficult to apply. They should be standardised, simpli-
fied and incorporated in a single text. Accordingly, the
sectoral provisions and rules
regarding promotion
should be repealed.

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

HAS ADOPTED THIS REGULATION:

Article 1

1.
The Community may finance, wholly or in part, actions
of information and promotion in respect of agricultural prod-
ucts and their method of production and food products, carried
out in its territory.

(4) OJ L 184, 17.7.1999, p. 23.
(5) OJ L 160, 26.6.1999, p. 103.

23.12.2000

EN

Official Journal of the European Communities

L 328/3

The actions referred to in paragraph 1 must not be
2.
brand-oriented nor incite to consumption of a product on
grounds of its specific origin. This provision does not exclude
the possibility of indicating the origin of a product covered by
actions referred to in Article 2 in the case of designations
conferred under Community provisions.

Article 2

The actions referred to in Article 1 shall comprise:

(a) public relations work, promotion and advertising, which in
particular draws attention to intrinsic features and advan-
tages of Community products, notably the quality and
safety of food, specific production methods, nutritional and
health value, labelling, high animal welfare standards and
respect for the environment;

(b) participation in events, fairs and exhibitions of national or
European importance, in particular with stands aimed at
upgrading the image of Community products;

(c) actions of information notably on the Community systems
covering protected designation of origin (PDO), protected
traditional
(PGI),
geographical
specialities (GTSs), organic production, labelling, as well as
on the graphic symbols laid down in legislation, in partic-
ular for extremely remote regions;

guaranteed

indication

(d) actions of information on the Community system covering
quality wines produced in specified regions (quality wines
psr), wines with geographical indication and spirit drinks
with geographical indication or reserved traditional indica-
tion;

(e) the

of

desirability

the
providing
Community system covering quality wines psr, wines with
geographical indication and spirit drinks with geographical
indication or reserved traditional

information

indication.

on

Article 4

Every two years the Commission shall,

in accordance
1.
with the procedure 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 by the same procedure.

Before drawing up the list referred to in paragraph 1, the
2.
Commission may consult the Standing Group on Promotion of
Agricultural Products of the Advisory Committee on Agricul-
tural Product Health and Safety.

Article 5

For each sector or product selected the Commission shall,
1.
in accordance with the procedure laid down in Article 13(2),
adopt a strategy defining guidelines to which proposals for
information and promotion programmes must conform.

2. When laying down the guidelines referred to in para-
graph 1, the Commission may consult the Standing Group on
Promotion of Agricultural Products of the Advisory Committee
on Agricultural Product Health and Safety.

These guidelines shall give general indications, in partic-

3.
ular concerning:

(a) objectives and targets,

(e) studies to assess the results of the promotion and informa-

tion activities.

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

selected,

Article 3

The sectors and products which may be covered by the actions
referred to in Article 1 shall be determined having regard to the
following criteria:

(a) the desirability of drawing attention to the quality, typical
features, specific production method, nutritional and health
value, safety, welfare or environment-friendliness of the
products in question, by means of
thematic or target-
specific campaigns;

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

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

individual sectors;

(d) the

desirability

the
providing
Community PDO/PGI, GTS and organic production
schemes;

information

on

of

(c) the types of action to be undertaken,

(d) the duration of programmes,

(e) the indicative distribution, by market and type of measure,
of the amount available for the Community's contribution
to programmes.

Article 6

interprofessional organisation(s)

1.
For the actions referred to in Article 2(a),(b) and (d) and
in accordance with the guidelines referred to in Article 5, the
repre-
professional and/or
senting the sector(s) concerned, shall, in collaboration with an
implementing body which it has/they have selected after
inviting competitive offers by all appropriate means, draw up
an information and promotion programme of a maximum
duration of 36 months. A programme may cover one or more
interested Member States, which shall draw up a specification
laying down the criteria for evaluating the programmes. A
programme may be from a European-level organisation or an
organisation spanning one or more Member States. The latter
programmes shall have priority.

L 328/4

EN

Official Journal of the European Communities

23.12.2000

The Member State(s) concerned shall examine the suit-
2.
ability of each programme and its conformity and that of the
proposed implementing body with the provisions of this Regu-
lation, the guidelines and the relevant specification. They shall
also check that the programme offers value for money. The
list of
Member State(s) shall
programmes and bodies selected within the limit of available
funds
to financing these
programmes.

then draw up a provisional

and undertake

to contribute

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

If the Commission finds that a programme which has been
submitted is not in line with Community rules or the guide-
lines 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. Once this time limit has been exceeded, the
programme shall be deemed eligible.

Member States shall take account of any observations made by
the Commission within the time limit. On its expiry the
Member State(s) shall draw up and immediately send the
Commission a final

list of selected programmes.

inform the Management Committee
The Commission shall
referred to in Article 13 of the programmes selected and the
corresponding budgets at the earliest opportunity.

Article 7

1.
In the absence of information programmes for one or
more of the actions referred to in Article 2(c) presented by the
organisations referred to in Article 6 each interested Member
State shall draw up on the basis of guidelines established by the
Commission its specification and select through a public call
for tenders the implementing body for the programme it
undertakes to part-finance.

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

(a) the technical assistant(s) referred to in paragraph 1,

(b) the body or bodies responsible for assessing the impact of
actions implemented pursuant to Articles 6 and 7.

Article 9

1.

The Community shall finance:

(a) in full, the actions referred to in Article 2(e);

(b) in part,

the other information and promotion actions

referred to in Article 2.

2.
The Community's contribution to the actions referred to
in paragraph 1(b) may not exceed 50 % of their actual cost.

Without prejudice to paragraph 4, Member States shall fund
20 % of the actual cost of the actions referred to in paragraph
2, the rest of the financing being borne by the proposing
organisations. The payments made by Member States and/or
trade or inter-trade organisations may come from parafiscal
charges.

justified

However, where

the
3.
and provided
programme is of manifest Community interest,
it may be
decided, in accordance with the procedure laid down in Article
13(2), that the proposing organisation will be responsible for
all the financing not supplied by the Community.

that

4.
For the actions referred to in Article 7, Member States
shall be responsible for the part of the financing not supplied
by the Community.

Member States' payments may come from parafiscal charges.

Article 10

The body or bodies entrusted with implementing the
1.
actions referred to in Article 6(1) and Article 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 programmes' European dimension.

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

Article 11

Article 8

Community financing of the actions referred to in Article 1
shall be held to fall under Article 1(2)(e) of Regulation (EC) No
1258/1999.

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.

Article 12

The Commission shall use an open or restricted call for

2.
tenders to select:

Detailed rules for the application of this Regulation shall be
adopted in accordance with the procedure laid down in Article
13(2).

23.12.2000

EN

Official Journal of the European Communities

L 328/5

Article 13

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 (1) and by the management committees
set up under the corresponding articles of the other regulations
on the common organisation of agricultural markets (herein-
after called ‘the Committees’).

In cases where reference is made to this paragraph,

2.
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 set at one month.

3.

The Committees shall adopt their rules of procedure.

Article 14

Every two years, for the first time before 31 December 2003,
the Commission shall send the European Parliament and the
Council a report on the application of this Regulation, dealing
in particular with the programmes selected and the utilisation
of appropriations, accompanied by any appropriate proposals.

Article 15

(c) Article 20(4) of Council Regulation (EEC) No 3763/91 of
16 December 1991 introducing specific measures
in
respect of certain agricultural products for the benefit of
the French overseas departments (3),

(d) Articles 1 and 2 of Council Regulation (EEC) No 1332/92
of 18 May 1992 introducing specific measures for table
olives (4),

(e) Article 31(4) of Council Regulation (EEC) No 1600/92 of
15 June 1992 concerning specific measures for the Azores
and Madeira relating to certain agricultural products (5),

(f) Article 26(4) of Council Regulation (EEC) No 1601/92 of
15 June 1992 concerning specific measures for the Canary
Islands with regard to certain agricultural products (6),

(g) the second indent of the second paragraph of Article 1 and
the second subparagraph of Article 2(1) of Council Regula-
tion (EC) No 399/94 of 21 February 1994 concerning
specific measures for dried grapes (7),

(h) Article 54 of Council Regulation (EC) No 2200/96 of 28
October 1996 on the common organisation of the market
in fruit and vegetables (8),

(i) Article 35(5) of Council Regulation (EC) No 1493/1999 of
17 May 1999 on the common organisation of the market
in wine (9).

2.
In Regulation (EC) No 399/94 the words ‘and the promo-
tion’ and ‘(d) and (e)’ shall be deleted from the first paragraph
of Article 1 and Article 2(2) respectively.

Council Regulations (EEC) No 1195/90 of 7 May 1990
3.
on measures to increase the consumption and utilisation of
apples (10), (EEC) No 1201/90 of 7 May 1990 on measures to
increase the consumption of citrus fruit (11), (EEC) No 2067/92
of 30 June 1992 on measures to promote and market quality
beef and veal (12),
(EEC) No 2073/92 of 30 June 1992 on
promoting consumption in the Community and expanding the
markets for milk and milk products (13), (EC) No 2275/96 of
22 November 1996 introducing specific measures for live
plants and floricultural products (14) and (EC) No 2071/98 of
28 September 1998 on publicity measures on the labelling of
beef and veal (15) shall be repealed.

4.
The provisions, terms and regulations specified in para-
graphs 1 and 2 shall remain applicable to promotion and
information programmes decided before the entry into force of
the Regulation applying this Regulation.

1.

The following provisions shall be deleted:

(3) OJ L 356, 24.12.1991, p. 1. Regulation as last amended by Regula-

(a) Article 11 of Council Regulation 136/66/EEC of 22
September 1966 on the establishment of a common organ-
isation of the market in oils and fats (1),

(b) Article 2 of Council Regulation (EEC) No 1308/70 of 29
June 1970 on the common organisation of the market in
flax and hemp (2),

(1) OJ L 172, 30.9.1966, p. 3025. Regulation as amended by Regula-

tion (EC) No 2702/1999 (OJ L 327, 21.12.1999, p. 7).

(2) OJ L 146, 4.7.1970, p. 1. Regulation as last amended by Regulation

(EC) No 2702/1999.

tion (EC) No 2598/95 (OJ L 267, 9.11.1995, p. 1).

(4) OJ L 145, 27.5.1992, p. 1. Regulation as last amended by Regula-

tion (EC) No 1267/95 (OJ L 123, 3.6.1995, p. 4).

(5) OJ L 173, 27.6.1992, p. 1. Regulation as last amended by Regula-

tion (EC) No 2348/96 (OJ L 320, 11.12.1996, p. 1).

(6) OJ L 173, 27.6.1992, p. 13. Regulation as last amended by Regula-

tion (EC) No 2348/96.
(7) OJ L 54, 25.2.1994, p. 3.
(8) OJ L 297, 21.11.1996, p. 1. Regulation as last amended by Regula-

tion (EC) No 1257/1999 (OJ L 160, 26.6.1999, p. 80).

(9) OJ L 179, 14.7.1999, p. 1. Regulation as last amended by Regula-

tion (EC) No 1622/2000 (OJ L 194, 31.7.2000, p. 1).

(10) OJ L 119, 11.5.1990, p. 53.
(11) OJ L 119, 11.5.1990, p. 65.
(12) OJ L 215, 30.7.1992, p. 57.
(13) OJ L 215, 30.7.1992, p. 67.
(14) OJ L 308, 29.11.1996, p. 7. Regulation as last amended by Regu-

lation (EC) No 2702/1999.
(15) OJ L 265, 30.9.1998, p. 2.

L 328/6

EN

Official Journal of the European Communities

23.12.2000

The Commission shall adopt, in accordance with the procedure provided for in Article 13(2), the necessary
measures to facilitate transition from the provisions referred to in Article 15 to those of this Regulation.

Article 16

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

It shall apply from 1 January 2001.

Article 17

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

Done at Brussels, 19 December 2000.

For the Council

The President

J. GLAVANY