Commission Regulation (EC) No 2879/2000 of 28 December 2000 laying down detailed rules for applying Council Regulation (EC) No 2702/1999 on measures to provide information on, and to promote, agricultural products in third countries
Date: 2000-12-28
Institutions: European Commission
Subjects: EU aid, agricultural product, consumer information, foodstuff, sales promotion, third country

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Official Journal of the European Communities

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COMMISSION REGULATION (EC) No 2879/2000

of 28 December 2000

laying down detailed rules for applying Council Regulation (EC) No 2702/1999 on measures to
provide information on, and to promote, agricultural products in third countries

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
to promote, agricultural products in third countries (1), and in
particular Article 11 thereof,

Whereas:

(1)

(2)

(3)

(4)

(5)

Detailed rules should be laid down for applying the
measures to provide information on, and to promote,
agricultural products and secondarily foodstuffs in third
countries.

In the interests of sound management, the frequency at
which lists of products and markets eligible under the
abovementioned measures are to be drawn up should be
specified.

In order to prevent any risk of distortion of competition,
guidelines should be drawn up on the way the specific
origin of products covered by promotion and informa-
tion campaigns is to be referred to.

The procedure for presenting programmes and selecting
implementing bodies should be determined with a view
to ensuring the broadest possible competition and free
movement of services.

Criteria governing the selection of programmes by the
Member States and their approval by the Commission
should be established with a view to ensuring that the
Community rules are complied with and that the meas-
ures to be implemented are effective, 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), as last amended by Euro-
pean Parliament and Council Directive 97/52/EC of 13
October
92/50/EEC,
93/36/EEC and 93/37/EEC concerning the coordination
of procedures for the award of public service contracts,
public supply contracts and public works contracts
respectively (3).

amending Directives

1997

(7) With a view to ensuring that the Community measures
are effective, the Member States must ensure that the
programmes approved are consistent with, and comple-
ment, their national and regional programmes.

(8)

(9)

(10)

To that end, preferential criteria must be laid down for
selecting programmes so as to optimise their impact.

In the case of programmes of interest to more than one
Member State, provision must be made for measures to
ensure that the Member States concerned cooperate in
submitting and scrutinising programmes.

The consequences must be spelled out for cases where a
programme is rejected for a lack of part-financing by a
Member State and the second subparagraph of Article
9(3) of Regulation (EC) No 2702/1999 does not apply.

(11) Detailed rules must be laid down on the way the
Monitoring Group provided for in Article 8(3) of Regu-
lation (EC) No 2702/1999 is to operate.

(12)

The checks to be carried out by the Member States in
respect of programmes managed directly by them are to
be determined.

(13) Detailed rules on the Community's financial contribu-
tion must be laid down in the interests of sound finan-
cial management.

(14)

The various arrangements to ensure that the commit-
ments entered into are fulfilled must be laid down in
contracts to be concluded between the parties concerned
and the competent national authorities within a reason-
able time limit on the basis of standard contracts
supplied by the Commission.

(15) With a view to the proper performance of the contracts,
contractors must lodge a security equal to 15 % of the
Community contribution in favour of the competent
authority. To the same end, a security must be lodged
where an advance payment is applied for.

(16)

The primary requirement within the meaning of Article
20 of Commission Regulation (EEC) No 2220/85 (4), as
last amended by Regulation (EC) No 1932/1999 (5),
must be defined.

(6)

The same rules should be applied to measures to be
implemented by the international organisations referred
to in Article 6 of Regulation (EC) No 2702/1999.

(17) With a view to budget management requirements, a
penalty must be laid down for failure to submit, or late
submission of,
intermediate payment applications and
for late payment by the Member States.

(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.

(4) OJ L 205, 3.8.1985, p. 5.
(5) OJ L 240, 10.9.1999, p. 11.

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(18)

(19)

(20)

(21)

In the interests of sound financial management and in
order to avoid any danger that payments to be made
take up the whole of the Community financial contribu-
tion and leave no balance to pay, provision should be
made for the advance and the various intermediate
payments not to exceed 80 % of the Community contri-
bution. To the same end, applications for payment of
the balance must reach the competent authorities within
a specified time limit.

The Member States must monitor the implementation of
the measures covered by this Regulation and the
Commission must be kept
the results
thereof. In the interests of sound financial management,
provision should be made for the Member States to
cooperate where measures
implemented in a
Member State other than that in which the competent
authority signing the contract is established.

informed of

are

The period of application of this Regulation should be
the same as that laid down in Article 15 of Regulation
(EC) No 2702/1999.

The measures provided for in this Regulation are in
accordance with the opinion of the Joint Meeting of
Management Committees — Promotion of Agricultural
Products,

HAS ADOPTED THIS REGULATION:

Article 1

In accordance with Articles 7(1) and 9(4) of Regulation (EC) No
2702/1999, ‘programme’ means a coherent set of measures of
to contribute towards improving
a scope that
information on, and sales of, the products concerned.

is sufficient

Article 2

1.
The promotion and/or information message passed on to
consumers and other target groups must be based on the
intrinsic qualities
the product
concerned.

characteristics of

and/or

Promotion and/or

2.
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.

However, the origin of a product may be indicated in the
3.
case of a designation under Community rules or a feature of a
typical product needed to illustrate the promotion or informa-
tion 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 31 December at the 1atest every second year. The
first lists shall be as set out in the Annex hereto.

Article 4

Where Article 6 of Regulation (EC) No 2702/1999 is applied,
the international organisations referred to in that Article shall
present
the Commission 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 conditions governing the granting and payment of the
Community contribution shall be laid down in an agreement
on assistance concluded between the Community and the inter-
national organisation concerned.

Article 5

Programmes as referred 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 years from the date on which the
relevant contract takes effect.

Article 6

1.
In the case of programmes as referred to in Article 7(1) of
Regulation (EC) No 2702/1999 that are of interest to more
than one Member State, preference shall be given to those
covering a group of products and placing particular emphasis
on the quality, nutritional and food safety 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 that emphasise the Community interest in particular in
terms of the quality, nutritional value, safety and representa-
tiveness of the products they cover.

Article 7

implementation of measures
1. With a view to the
contained in programmes as referred to in Article 5, the trade
or intertrade organisations in the Community that are repres-
entative of the sector(s) concerned shall submit programmes in
response to calls for proposals issued by the Member States
concerned. Such programmes shall comply with the specifica-
tions stipulating exclusion, selection and award criteria and
published to that end by the Member States concerned.

The Member States shall

2.
take the necessary steps to
ensure that the authorities awarding contracts concerning them
enforce Directive 92/50/EEC.

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 is planned, the Member States concerned
shall cooperate in drawing up compatible specifications and
calls for proposals.

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In response to such calls for proposals, the organisations
4.
as referred to in paragraph 1 shall draw up information and
promotion programmes, where appropriate in cooperation
with an implementing body that
they have selected by a
competitive procedure checked by the Member State. Such
programmes may be presented by trade or intertrade organ-
isations of Community scope or originating in one or more
Member States.

The individual Member States shall see to it that any
5.
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 programmes and the compliance of the programmes and
the proposed implementing bodies with Community rules and
with their own specifications. They shall also verify that the
programmes offer value for money. In particular, they shall
check programmes against the following criteria:

— consistency between the strategies proposed and the objec-

tives set,

— the merit of the proposed measures,

— their likely impact and success in increasing demand for the

products concerned,

— assurances that the proposing organisations are effective

and representative,

— assurances that the proposed implementing body is effec-

tive and has the required technical capacity.

7.
After examining the programmes presented and without
prejudice to the second subparagraph of Article 9(3) of Regula-
tion (EC) No 2702/1999, the Member State(s) concerned shall
undertake to contribute to the financing of
the selected
programmes.

interest

In the case of programmes of
to more than one
Member State and proposed in response to a joint call for
proposals, the Member States concerned shall cooperate in
selecting the programmes and shall undertake 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 is not applied, the trade or intertrade organ-
that Member State shall be excluded from the
isation of
programme.

Article 9

1.
No later than 30 April each year and in the first instance
15 May 2001, the Member States shall send the Commission
the list of programmes and implementing bodies they have

In the case of
selected and a copy of each prograrnme.
programmes of interest to more than one Member State, this
notification shall be carried out by common accord of the
Member States concerned.

The Commission shall

2.
programmes
presented to ensure that they comply with Community rules
and meet the criteria referred to in Article 7(6).

examine

the

Where the Commission finds that a programme does not
comply with Community rules or fails to meet the criteria
referred to in Article 7(6),
immediately notify the
Member State(s) concerned that all or part of that programme
is ineligible.

it shall

3.
After evaluating the programmes, where necessary with
the help of one or more technical assistants as referred to in
Article 8(1) of Regulation (EC) No 2702/1999, and, where
applicable, after consulting the Standing Group on the Promo-
tion of Agricultural Products of the Advisory Committee on
Agricultural Product Health and Safety, the Commission shall
the latest on the
take a decision by 30 September at
programmes presented and their
in
accordance with the procedure laid down in Article 11 of
Regulation (EC) No 2702/1999.

implementing bodies

4.
The proposing trade or intertrade organisations shall be
responsible for the proper implementation of the programmes
selected.

Article 10

The Community's financial contribution to measures as
1.
referred 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 a total Community contribution not
exceeding 50 % of the total cost of 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 under programmes lasting three years, up to a total
Community contribution not exceeding 50 % of the total
cost of the programme.

This financial contribution shall be paid to Member States as
referred to in Article 8(4) of Regulation (EC) No 2702/1999.

The Member States' financial contributions to measures
2.
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 shall be proportionate to the financial contribu-
tion of the proposing organisation established in its territory.

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Article 11

paragraph 3. Beyond that date, no applications for an advance
payment may be made.

1.
Under the procedure for selecting programmes referred to
in Article 7(1) of Regulation (EC) No 2702/1999, as soon as
the Member States concerned have been notified of
the
Commission's decision to approve promotion programmes,
they shall
inform the individual organisations concerned
whether or not their applications have been accepted.

The Member States shall conclude contracts with the
2.
selected organisations within 30 calendar days of notification
of
the Commission's decision. Beyond that deadline, no
contracts may be concluded without prior authorisation from
the Commission.

The Member States shall use standard contracts supplied by the
Commission.

Contracts may not be concluded by the two parties until
3.
a performance security equal to 15 % of the maximum finan-
cial contribution from the Community and the Member State(s)
concerned has 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.

the supervision of such a body,

However, where the contractor is a body governed by public
the
law or acts under
competent authority of the Member State may accept a written
guarantee from the supervisory body covering an amount equal
to the percentage specified in the first subparagraph, provided
that that body undertakes to ensure that:

— the obligations entered into are properly discharged, and

— the sums received are used properly to discharge the obliga-

tions 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 terms laid down in Article 13 of this Regulation for
payment of the balance.

4.
The primary requirement within the meaning of Article
20 of Regulation (EEC) No 2220/85 shall be the implementa-
tion of the measures covered by the contract.

5.
The Member State shall immediately send the Commis-
sion a copy of the contract and proof that the performance
security has been lodged.
It shall also send a copy of the
contract concluded by the selected organisation with the imple-
menting body.

The latter contract shall contain the provision that the imple-
menting body must submit to the checks provided for in
Article 14.

Article 12

1. Within 30 calendar days of signing of the contract, the
contractor may submit an application for an advance payment
to the Member State, together with the security provided for in

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 Commis-
sion Regulation (EC) No 296/96 (1) shall apply.

3.
the
The advance shall be paid on condition that
contractor lodges a security equal to 110 % of that advance in
favour of the Member State in accordance with Title III of
Regulation (EEC) No 2220/85.

However, if the contractor is a body governed by public law or
acts under the supervision of such a body, the competent
authority may accept a written guarantee from the supervisory
body covering an amount equal to the percentage specified in
the first subparagraph, provided that that body undertakes to
pay the amount covered by its guarantee should entitlement to
the advance paid not be established.

Article 13

for

intermediate

Applications

payments
contributions

of
the
1.
Community and Member States'
shall be
submitted before the end of the calendar month following the
month in which each period of 90 calendar days calculated
from the date of signing of the contract expires. Such applica-
tions shall cover the expenditure incurred during the quarter
concerned and shall be accompanied by a summary financial
statement, the relevant supporting documents and an interim
report on the implementation of
the contract. Where no
expenditure has been incurred during the quarter concerned, a
statement to that effect shall be submitted within the same time
limit as for applications for intermediate payments.

Except in cases of force majeure, where an application for inter-
mediate payment and the relevant documents are submitted
late, the payment shall be reduced by 3 % for each whole
month by which it is overdue.

Intermediate payments and the advance payment referred to in
Article 12(1) taken together may not exceed 80 % of the total
financial contribution from the Community and the Member
States concerned. Once that percentage is reached, no more
intermediate payment applications may be submitted.

Applications

2.
the balance shall be
submitted within four months of completion of the measures
covered by the contract.

for payment of

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 docu-
ments relating to the expenditure;

(b) a summary of the work carried out (report on operations);

(1) OJ L 39, 17.2.1996, p. 5.

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(c) an internal report, drawn up by the contractor, evaluating
the results obtained, as ascertainable at the date of the
report, and the use that can be made of them.

Any securities forfeit and penalties imposed shall be
9.
deducted
the
expenditure
Community and declared to the EAGGF Guarantee Section.

part-financed

from the

by

in cases of

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

Article 14

3.
The balance shall not be paid until
referred to in paragraph 2 have been checked.

the documents

In particular by means of technical, administrative and
1.
accounting checks at the premises of the contractor and the
implementing body, the Member States shall take the steps
necessary to verify that:

Where the primary requirement referred to in Article 11(4) is
not satisfied in full,
the balance payable shall be reduced
proportionately.

(a) the information and supporting documents supplied are

accurate, and

4.
The security referred to in Article 12(3) shall be released
on condition that definitive entitlement to the advance paid has
been established.

5.
The Member State shall make the payments referred to in
the previous paragraphs within 60 calendar days of receipt of
the application for payment. However, that period may be
interrupted at any time during the 60 days after the application
for payment is first recorded as received, by notifying the
contractor concerned that the application is not admissible
either because the amount is not due or because the supporting
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 again from the date of receipt of the information
requested, which must be forwarded within 30 calendar days.
Except in cases of force majeure, where the above payments are
made late, the amount reimbursed to the Member State shall be
reduced in accordance with Article 4 of Regulation (EC) No
296/96.

Performance securities as provided for in Article 11(3)
6.
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 reports on 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 expen-
diture incurred under the contract.

It shall also certify that in the light of checks carried out all the
expenditure may be considered eligible under the terms of the
contract.

(b) all the obligations laid 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
opportunity of any irregularities detected during checks.

2.
The Member State concerned shall determine the most
appropriate way of checking on the measures covered by this
Regulation and shall notify the Commission thereof.

3.
In the case of programmes proposed by organisations
operating in more than one Member State, the Member States
concerned shall take the necessary steps to coordinate their
checks and shall

inform the Commission thereof.

4.
The Commission may take part at any time in the verifi-
cations and checks provided for in paragraphs 2 and 3. To that
end, the competent authorities of the Member States shall
notify the Commission in good time of verifications and checks
planned.

It may also carry out any additional checks it considers neces-
sary.

5.
The Monitoring Group provided for in Article 8(3) of
Regulation (EC) No 2702/1999 shall meet regularly to monitor
progress in implementation of the various programmes.

To that end, the Monitoring Group shall be informed of the
timetable for the planned measures under each programme, the
the
programme implementation reports and the results of
checks carried out in accordance with Articles 13 and 14.

The Monitoring Group shall be chaired by a representative of
the Member State concerned; where programmes are proposed
by organisations operating in more than one Member State, it
shall be chaired by a representative designated by the Member
States concerned.

(1) OJ L 67, 14.3.1991, p. 11.

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Article 15

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

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

and Guarantee

Article 16

The interest rate applicable shall be that applied by the Euro-
pean Monetary Institute to its operations in euro on the date of
the undue payment, as published in the ‘C’ series of the Official
Journal of
the European Communities, plus three percentage
points.

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.

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

Done at Brussels, 28 December 2000.

For the Commission

Franz FISCHLER

Member of the Commission

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ANNEX

List of third-country markets where promotion measures may be carried out

— Switzerland
— Norway
— Central and Eastern Europe
— 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 promotion 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
— Quality wines psr, table wines with a geographical
— Spirit drinks with a geographical
— Fresh and processed fruit and vegetables
— Products processed from cereals and rice

indication
indication or a reserved traditional description