Council Regulation (EC) No 2060/2004 of 22 November 2004 amending Regulation (EC) No 2702/1999 on measures to provide information on, and to promote, agricultural products in third countries and Regulation (EC) No 2826/2000 on information and promotion actions for agricultural products on the internal market
Date: 2004-11-22
Institutions: Council of the European Union
Subjects: agricultural product, consumer information, designation of origin, foodstuff, public awareness campaign, sales promotion, third country

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COUNCIL REGULATION (EC) No 2060/2004

of 22 November 2004

amending Regulation (EC) No 2702/1999 on measures to provide information on, and to promote,
agricultural products in third countries and Regulation (EC) No 2826/2000 on information and
promotion actions for agricultural products on the internal market

THE COUNCIL OF THE EUROPEAN UNION,

(4)

Having regard to the Treaty
Community, and in particular Articles 36 and 37 thereof,

establishing the European

Having regard to the proposal from the Commission,

Having regard to the opinion of the European Parliament (1),

Having regard to the opinion of the European Economic and
Social Committee (2),

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

Whereas:

(1)

(2)

(3)

In the light of experience gained with the implemen-
tation of Regulations (EC) No 2702/1999 (3) and No
2826/2000 (4), analysed in the report presented by the
Commission to the European Parliament and the Council
in April 2004,
is appropriate to revise certain
provisions of those Regulations.

it

as

of

the

provisions

concerning

the programmes

Harmonisation
the
submission and selection of proposals, the monitoring
of
consultation and
as well
technical assistance, applied in the context of Regulations
(EC) No 2702/1999 and No 2826/2000, should lead to
simplified management of the two regimes; in particular,
proposing organisations should be given the possibility
of implementing certain parts of the programmes them-
selves and selecting implementation bodies at a later
stage in the procedure.

Fragmentation of
financing into small and ineffective
programmes should be avoided and a balanced distri-
bution of the available budgetary resources should be
ensured,
providing minimum and maximum
effective cost limits for programmes submitted.

by

(1) Opinion delivered on 14 October 2004 (not yet published in the

Official Journal).

(2) Opinion delivered on 27 October 2004 (not yet published in the

Official Journal).

(3) OJ L 327, 21.12.1999, p. 7.
(4) OJ L 328, 23.12.2000, p. 2.

such measures have

The possibility of the Commission initiating promotion
and information measures in third countries should be
a
extended in cases where
Community-wide interest or no appropriate measures
have been submitted by professional or interprofessional
organisations. The Commission should also be given the
infor-
possibility of
mation measures
regimes
concerning the quality and labelling of agricultural
products and foodstuffs.

initiating, on the internal market,

to Community

related

In the light of experience gained with the implementation
of the degressive contribution from 60 to 40 % in cases
of multiannual programmes, the provisions concerning
the Community contribution to such programmes
should be simplified, while maintaining the level of the
Community contribution at 50 % of the effective cost of
each programme.

The share of the contribution of the Member State(s) and
the proposing organisation(s) should be made more
flexible,
of
compulsory financing to be borne by the proposing
organisation.

a minimum share

however

leaving

It is highly important that the materials which are used
in information and promotion campaigns are checked as
regards their conformity with Community legislation. It
is therefore necessary to clarify the existing monitoring
obligations of Member States in that respect.

The contributions of the Member State(s) to programmes
are made in the context of a specific procedure. Member
States should therefore be exempted from the obligation
to notify such national contributions as state aid in order
to simplify the administrative proceedings concerned, as
these contributions should not be considered as state aid
within the meaning of Articles 87, 88 and 89 of the
Treaty.

and/or

Ad hoc working groups of representatives from Member
States
in
experts with particular
promotion and publicity matters can usefully advise the
Commission in developing the strategy and the imple-
mentation measures for the regime. The possibility for
consulting such groups should therefore be provided for.

expertise

(5)

(6)

(7)

(8)

(9)

(10)

Regulation (EC) No 2702/1999 should continue to apply
after 31 December 2004.

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(11)

In order to permit the necessary adaptations for imple-
menting the proposed measures, this Regulation should
apply from 1 January 2005.

(12)

Regulations (EC) No 2702/1999 and (EC) No 2826/2000
should therefore be amended accordingly,

The Member State(s) concerned shall examine the suit-
2.
ability of each proposed programme and its conformity with
the provisions of
the guidelines adopted
under Article 5(2), and the relevant specification. They
shall also check that the programme offers value for money.

this Regulation,

HAS ADOPTED THIS REGULATION:

Article 1

Once having examined the programme or programmes, the
Member State(s) shall draw up a list of programmes within
the limit of available funds and shall undertake to contribute
to their funding.

Regulation (EC) No 2702/1999 is hereby amended as follows:

1.

in Article 2, point (c) shall be replaced by the following:

The Member State(s) shall send the Commission the list

3.
of programmes and copies of the programmes.

‘(c)

information campaigns, in particular on the Community
systems
covering protected designations of origin
(PDOs), protected geographical indications (PGIs), guar-
and organic
anteed traditional
production, as well as other Community regimes
concerning quality standards and labelling for agri-
cultural products and foodstuffs, and graphic symbols
laid down in the relevant Community legislation;’

specialities

(GTSs)

2. Article 5 shall be replaced by the following:

‘Article 5

1.
In accordance with the procedure referred to in Article
12(2), the Commission shall draw up every two years a list
of the products and markets referred to in Articles 3 and 4
respectively.

However,
necessary.

this list may be amended in the interim,

if

2.
In accordance with the procedure referred to in Article
12(2), the Commission may adopt guidelines defining details
concerning the strategy to be followed in the proposals for
information and promotion campaigns for certain or all of
the products referred to in paragraph 1.’;

3. Article 7 shall be replaced by the following:

‘Article 7

To carry out the measures referred to in Article 2(a),
1.
(b), (c), (d) and (e) and subject to Article 6, the professional
and/or
representing the
sector(s) in one or more Member States or at Community
level shall draw up proposals for promotion and information
programmes lasting no longer than three years.

interprofessional organisation(s)

Member States shall draw up a specification laying down the
requirements and criteria for evaluating the programmes.

If the Commission finds that a programme which has been
submitted, or certain actions thereof, are not in accordance
with Community provisions or do not offer value for
it shall, within a time limit to be determined in
money,
accordance with the procedure referred to in Article 12(2),
notify the Member State(s) concerned of the ineligibility of
all or part of the programme. Once that time limit has been
exceeded, the programme shall be deemed eligible.

The Member State(s) shall take account of any observations
made by the Commission and shall send the programmes,
revised in agreement with the proposing organisation, to the
Commission, within a period of time to be determined in
accordance with the procedure referred to in Article 12(2).

4.
The Commission shall decide, in accordance with the
procedure referred to in Article 12(2), which programmes
are accepted and the corresponding budgets. Programmes
submitted by more than one Member State or providing
for actions in more than one-third of the country shall be
given priority.

implement

5.
After inviting competitive offers by all appropriate
means, the proposing organisation shall select the bodies
the programmes. However, under
which shall
certain conditions to be determined in accordance with the
procedure referred to in Article 12(2), the proposing orga-
nisation may be authorised to implement certain parts of the
programme.

6.
In accordance with the procedure referred to in Article
12(2), the Commission may set minimum and/or maximum
effective cost limits for the programmes to be submitted
under this Article. These cost limits may be differentiated
according to the nature of
the programmes concerned.
Criteria in this respect may be defined in accordance with
the procedure referred to in Article 12(2).’;

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4. the following Article shall be inserted:

‘Article 7a

technical assistants selected according to the first

of
indent of Article 8(1).

After the Management Committee referred to in Article
12(1) or, where appropriate,
the Regulatory Committees
referred to in Council Regulations (EEC) No 2092/91 (*),
(EEC) No 2081/92 (**) or
(EEC) No 2082/92 (***) have
the Commission shall decide on the
been informed,
following measures:

The Community's contribution to the programmes
2.
referred to in Article 7 shall not exceed 50 % of the real
cost of
In the case of promotion
programmes lasting two or three years, the contribution
for each year of implementation shall not exceed that
maximum limit.

the programmes.

(a) measures referred to in Article 2(f) and (g) of this Regu-

lation;

(b) measures referred to in Article 2(a), (b), (c), (d) and (e) of
this Regulation, where
a
Community-wide interest or no appropriate proposals
have been submitted under the procedure established
in Article 7 of this Regulation;

such measures

have

(c) measures carried out by an international organisation as

referred to in Article 6 of this Regulation.

___________

(*) OJ L 198, 22.7.1991, p. 1. Regulation as last amended
by Commission Regulation (EC) No 1481/2004 (OJ
L 272, 20.8.2004, p. 11).

(**) OJ L 208, 24.7.1992, p. 1. Regulation as last amended
by Commission Regulation (EC) No 1215/2004 (OJ
L 232, 1.7.2004, p. 21).

(***) OJ L 208, 24.7.1992, p. 9. Regulation as last amended
by Regulation (EC) No 806/2003 (OJ L 122, 16.5.2003,
p. 1).’;

5. Article 8 shall be amended as follows:

(a)

in paragraph 1, the second and third indents shall be
replaced by the following:

taking into account

The proposing organisation(s) shall fund at least
3.
20 % of the real cost of the programmes referred to in
Article 7, the rest of the financing being borne by the
Member State(s) concerned,
the
Community's contribution referred to in paragraph 2.
The respective shares of the Member State(s) and the
proposing organisation(s) shall be defined at the time
the programme is submitted to the Commission in
accordance with Article 7(3). The payments made by
Member States and/or the proposing organisations may
come from parafiscal charges or compulsory contri-
butions.’;

(b) the following paragraph 5 shall be added:

financial
and to the

‘5.
Articles 87, 88 and 89 of the Treaty shall not
contributions provided by
to the
apply
Member States
contributions,
coming from parafiscal charges or compulsory contri-
butions, provided by Member States and/or proposing
to
organisations,
Community support within the scope of Article 36 of
the Treaty and which the Commission has decided to
accept in accordance with Article 7(4).’;

programmes

financial

subject

the

for

‘— the body or bodies responsible for implementing the

measures referred to in Article 7a;’

7. The following Article shall be inserted:

(b) paragraph 4 shall be replaced by the following:

‘Article 12a

‘4.
The Member States concerned shall be responsible
for monitoring programmes referred to in Article 7 and
for making the payments in respect thereof. The Member
States shall ensure that any information or promotion
material produced under
an accepted programme
complies with Community law.’;

6. Article 9 shall be amended as follows:

(a) paragraphs 1, 2 and 3 shall be replaced by the following:

‘1. Without prejudice to paragraph 4, the Community
shall fund the measures referred to in Article 7a in their
entirety. The Community shall also fund entirely the cost

Before drawing up the list and guidelines referred to in
Article 5, or accepting programmes referred to in Article
7, or deciding on measures in accordance with Article 7a,
or adopting implementation measures in accordance with
Article 11, the Commission may consult:

(a)

the Standing Group on Promotion of Agricultural
Products of
the Advisory Committee on Agricultural
Product Health and Safety;

(b) technical ad hoc working groups composed of members
the Management Committee referred to in Article
in
experts with particular

of
12(1)
promotion and publicity.’;

expertise

and/or

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8.

in Article 13, the date ‘31 December 2003’ shall be replaced
by ‘31 December 2006’;

Once having examined the programme or programmes, the
Member State(s) shall draw up a list of programmes within
the limit of available
funds and shall undertake to
contribute to their funding.

9.

in Article 15, the second paragraph shall be deleted.

Article 2

The Member State(s) shall send the Commission the

3.
list of programmes and copies of the programmes.

Regulation (EC) No 2826/2000 is hereby amended as follows:

1.

in Article 2, point (c) shall be replaced by the following:

‘(c)

in

on

particular

campaigns,

the
information
Community systems covering protected designations
of origin (PDOs), protected geographical
indications
(PGIs), guaranteed traditional specialities (GTSs) and
organic production, as well as other Community
regimes concerning quality standards and labelling
for agricultural products and foodstuffs, and the
graphic
relevant
Community legislation,
including the graphic symbol
for extremely remote regions;’

symbols

down

laid

the

in

2.

in Article 4, paragraph 2 shall be deleted;

3.

in Article 5, paragraph 2 shall be deleted;

4. Article 6 shall be replaced by the following:

‘Article 6

To carry out the measures referred to in Article 2(a),
1.
(b),
(c) and (d) and in accordance with the guidelines
referred to in Article 5, the professional and/or interprofes-
sional organisation(s) representing the sector(s) in one or
more Member States or at Community level shall draw up
proposals for promotion and information programmes
lasting no longer than three years.

Member States shall draw up a specification laying down
the
the
programmes.

requirements

evaluating

criteria

and

for

If the Commission finds that a programme which has been
submitted, or certain actions thereof, are not in accordance
with Community provisions or with the guidelines referred
to in Article 5, or do not offer value for money, it shall,
within a time limit to be determined in accordance with the
procedure referred to in Article 13(2), notify the Member
State(s) concerned of the ineligibility of all or part of the
programme. Once that time limit has been exceeded, the
programme shall be deemed eligible.

The Member State(s) shall take account of any observations
made by the Commission and shall send the programmes,
revised in agreement with the proposing organisation, to
the Commission, within a period of time to be determined
in accordance with the procedure referred to in Article
13(2).

4.
The Commission shall decide, in accordance with the
procedure referred to in Article 13(2), which programmes
are accepted and the corresponding budgets. Programmes
submitted by more than one Member State or providing for
actions in more than one Member State shall be given
priority.

5.
After inviting competitive offers by all appropriate
means, the proposing organisation shall select the bodies
which shall
implement the programmes. However, under
certain conditions to be determined in accordance with
the procedure referred to in Article 13(2), the proposing
organisation may be authorised to implement certain parts
of the programme.

The Member State(s) concerned shall examine the
2.
suitability of each proposed programme and its conformity
with the provisions of
the guidelines
referred to in Article 5 and the relevant specification.
They shall also check that the programme offers value for
money.

this Regulation,

6.
In accordance with the procedure referred to in
Article 13(2), the Commission may set minimum and/or
maximum effective cost limits for the programmes to be
submitted under this Article. These cost
limits may be
differentiated according to the nature of the programmes
concerned. Criteria in this respect may be defined in
accordance with the procedure referred to in Article 13(2).’;

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5. Article 7 shall be amended as follows:

(b) the body or bodies responsible for implementing the

measures referred to in Article 7a.’;

(a) paragraph 3 shall be replaced by the following:

For the purposes of

‘3.
the Commission's exami-
nation of the programmes, Article 6(3) and (4) shall
apply.’;

(b) the following paragraph 4 shall be added:

‘4.
In accordance with the procedure referred to in
the Commission may set minimum
Article 13(2),
and/or maximum effective
the
programmes submitted under this Article. These cost
limits may be differentiated according to the nature
of the programmes concerned. Criteria in this respect
may be defined in accordance with the procedure
referred to in Article 13(2).’;

limits

cost

for

6. the following Article shall be inserted:

‘Article 7a

After the Management Committee referred to in Article
13(1) or, where appropriate, the Regulatory Committees
referred to in Regulations (EEC) No 2092/91 (*), (EEC) No
2081/92 (**) or
(EEC) No 2082/92 (***) have been
informed, the Commission shall decide on the following
measures:

(a) measures referred to in Article 2(e) of this Regulation;

(b) measures referred to in Article 2(b), (c) and (d) of this
Regulation, where such measures have a Community-
wide interest or no appropriate proposals have been
submitted under the procedures established in Articles
6 or 7 of this Regulation.

___________

(*) OJ L 198, 22.7.1991, p. 1. Regulation as last amended
by Commission Regulation (EC) No 1481/2004 (OJ
L 272, 20.8.2004, p. 11).

(**) OJ L 208, 24.7.1992, p. 1. Regulation as last amended
by Commission Regulation (EC) No 1215/2004 (OJ
L 232, 1.7.2004, p. 21).

(***) OJ L 208, 24.7.1992, p. 9. Regulation as last amended
by Regulation (EC) No 806/2003 (OJ L 122,
16.5.2003, p. 1).’;

7. Article 8 shall be replaced by the following:

‘Article 8

The Commission shall, on the basis of an open or restricted
invitation to tender, choose:

(a) any

technical

proposed programmes,
menting bodies;

assistance needed to evaluate

the
including the proposed imple-

8. Article 9 shall be amended as follows:

(a) paragraphs 1, 2 and 3 shall be replaced by the

following:

‘1.
The Community shall fund the measures referred
to in Article 7a in their entirety. The Community shall
also fund entirely the cost of
technical assistants
selected according to Article 8(a).

The

contribution

Community's

2.
the
programmes referred to in Articles 6 and 7 shall not
exceed 50 % of the real cost of the programmes. In the
case of promotion programmes lasting two or three
years, the contribution for each year of implementation
shall not exceed that maximum limit.

to

taking into account

The proposing organisation(s) shall fund at least
3.
20 % of the real cost of the programmes referred to in
Article 6, the rest of the financing being borne by the
Member State(s) concerned,
the
Community's contribution referred to in paragraph 2.
the Member State(s) and
The respective shares of
proposing organisation(s) shall be defined at the time
the programme is submitted to the Commission in
accordance with Article 6(3). The payments made by
Member States and/or the proposing organisations may
come from parafiscal charges or compulsory contri-
butions.’;

(b) the following paragraph 5 shall be added:

financial

‘5.
Articles 87, 88 and 89 of the Treaty shall not
contributions provided by
apply to the
Member States and to the financial contributions,
coming from parafiscal charges or compulsory contri-
butions, provided by Member States and/or proposing
organisations,
to
Community support within the scope of Article 36 of
the Treaty and which the Commission has decided to
accept in accordance with Article 6(4) or Article 7(3).’;

programmes

subject

the

for

9.

in Article 10, paragraph 2 shall be replaced by the
following:

‘2.
A monitoring group, comprising representatives of
the Commission, the Member States concerned and the
proposing organisations concerned,
supervise the
proper conduct of the programmes referred to in Articles
6 and 7.

shall

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The Member States concerned shall be responsible for
3.
monitoring programmes referred to in Articles 6 and 7 and
for making the payments in respect thereof. The Member
States shall ensure that any information or promotion
programme
an
produced
material
complies with Community law.’;

accepted

under

10. The following Article shall be inserted:

‘Article 13a

Before drawing up the list referred to in Article 4, or laying
down the guidelines referred to in Article 5, or approving
programmes referred to in Articles 6 and 7, or deciding on
measures in accordance with Article 7a, or taking imple-
the
mentation measures in accordance with Article 12,
Commission may consult:

(a)

the Standing Group on Promotion of Agricultural
Products of the Advisory Committee on Agricultural
Product Health and Safety;

(b) technical

ad hoc working

composed of
members of the Management Committee referred to
in Article 13(1),
experts with particular
and/or
expertise in promotion and publicity matters.’;

groups

11. Article 14 shall be replaced by the following:

‘Article 14

Before 31 December 2006, the Commission shall present
to the European Parliament and the Council a report on the
application of this Regulation, together with any appro-
priate proposals.’

Article 3

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

It shall apply from 1 January 2005.

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

Done at Brussels, 22 November 2004.

For the Council
The President

C. VEERMAN