Council Regulation (EC) No 3/2008 of 17 December 2007 on information provision and promotion measures for agricultural products on the internal market and in third countries
Date: 2007-12-17
Institutions: Council of the European Union
Subjects: EU financing, action programme, agricultural product, consumer information, sales promotion, single market, third country

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(Acts adopted under the EC Treaty/Euratom Treaty whose publication is obligatory)

I

REGULATIONS

COUNCIL REGULATION (EC) No 3/2008

of 17 December 2007

on information provision and promotion measures for agricultural products on the internal market
and in third countries

THE COUNCIL OF THE EUROPEAN UNION,

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,

Whereas:

(1)

(2)

and

(EC) No

(EC) No
In accordance with Council Regulations
2702/1999 (2),
2826/2000 (1)
the
Community may implement
information and promo-
tional measures on the internal market and on third
country markets for certain agricultural products. The
results so far have been very encouraging.

Taking account of experience gained, the prospects for
market development both within and outside
the
Community and the new international trade situation,
it is appropriate to develop an overall, coherent infor-
mation and promotion policy for agricultural products
and their method of production as well as for food
products based on agricultural products, on the internal
country markets, without
market
on
encouraging the
any product on
grounds of its specific origins.

consumption of

third

and

(1) Council Regulation (EC) No 2826/2000 of 19 December 2000 on
information and promotion actions for agricultural products on the
internal market (OJ L 328, 23.12.2000, p. 2). Regulation as last
L 273,
amended by Regulation (EC) No 1182/2007 (OJ
17.10.2007, p. 1).

(2) Council Regulation (EC) No 2702/1999 of 14 December 1999 on
measures to provide information on, and to promote, agricultural
products in third countries (OJ L 327, 21.12.1999, p. 7). Regulation
as amended by Regulation (EC) No 2060/2004 (OJ L 357,
2.12.2004, p. 3).

(3)

(4)

(5)

(6)

(7)

(8)

interests of

clarity, Regulations

(EC) No
In the
2702/1999 and (EC) No 2826/2000 should therefore
be repealed and replaced by a single regulation, whilst
maintaining the specific features of measures according
to the market in which they are implemented.

Such a policy usefully supplements and reinforces the
schemes run by Member States by boosting product
image in the eyes of consumers in the Community and
in particular as regards the quality,
in third countries,
nutritional value and safety of
foodstuffs and the
methods of production. Such action, by helping to
is also likely
open up new markets in third countries,
to have a multiplier effect on national and private
initiatives.

Criteria should be set
for selecting the products and
sectors concerned, and the themes and markets to be
covered by the Community programmes.

It should be possible for the information and promotion
measures for agricultural products in third countries to
cover both products qualifying for export refunds and
products not qualifying for them.

the

ensure

should be

The measures
implemented within the
framework of information and promotion programmes.
To
of
programmes to be carried out on the internal market,
guidelines for each product or sector concerned, setting
out
the Community
elements
programmes concerned, should be defined.

effectiveness

consistency

essential

and

the

of

Given the technical nature of the tasks to be performed,
the Commission should be able to be assisted by a
committee of
to have
recourse to technical assistants.

communication experts or

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(9)

responsibilities,

Financing rules should be set. As a general rule, so that
proposing organisations and interested Member States
the Community should
assume their
in
meet only part of the cost of measures. However,
to
it may be more suitable not
exceptional cases
require any financial contribution from the Member
State concerned.
In the case of information on some
Community schemes regarding product origin, organic
production and labelling as well as on the graphic
in
symbols
particular
financing
shared between the Community and Member States
may be justified by the need to provide appropriate
information to the public on these relatively recent
schemes.

laid down by
extremely
for

agricultural
remote

legislation,

regions,

HAS ADOPTED THIS REGULATION:

Article 1

Subject matter and scope

Information and promotion measures

1.
for agricultural
products and their method of production as well as for food
products based on agricultural products carried out on the
internal market or in third countries as listed in Article 2
may be financed, fully or in part, by the Community budget
subject to the conditions laid down in this Regulation.

These measures shall be implemented as part of an information
and promotion programme.

(10)

To ensure the greatest cost-effectiveness of the measures
the implementation of measures should be
selected,
entrusted,
to bodies
with the necessary structure and expertise.

through appropriate procedures,

The measures referred to in paragraph 1 shall not be
2.
brand-oriented or encourage the consumption of any product
on grounds of its specific origins. However, the origin of a
product covered by these measures may be indicated in the
case of designations conferred under Community rules.

(11)

(12)

(13)

(14)

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 for the
Community to continue delegating to it measures
falling within its sphere of responsibility. It should also
be possible for the Community to seek the assistance of
similar international organisations for other products.

In order to verify the proper implementation of
the
programmes and the impact of measures, programme
implementation should be
carefully monitored by
Member States and the results assessed by an inde-
pendent body.

Expenditure on the financing of measures under this
Regulation should be
classed in accordance with
Council Regulation (EC) No 1290/2005 of 21 June
2005 on the financing of
the common agricultural
policy (1).

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 (2),

(1) OJ L 209, 11.8.2005, p. 1. Regulation as last amended by Regu-

lation (EC) No 1437/2007 (OJ L 322, 7.12.2007, p. 1).

(2) OJ L 184, 17.7.1999, p. 23. Decision as amended by Decision

2006/512/EC (OJ L 200, 22.7.2006, p. 11).

Article 2

Information and promotion measures

The measures referred to in Article 1(1) shall be the

1.
following:

(a) public

relations work, promotion and advertising,

in
particular
to draw attention to intrinsic features and
advantages of Community products, notably the quality
and safety of food, specific production methods, nutritional
and health aspects, labelling, animal welfare and respect for
the environment;

(b) information campaigns,

in particular on Community
systems of protected designations of origin (PDOs),
protected geographical
indications (PGIs) and traditional
speciality guaranteed (TSGs) and of organic farming, and
other Community schemes
and
labelling of agricultural products and foodstuffs, as well as
on the
applicable
Community legislation;

for quality standards

down by

symbols

graphic

laid

(c)

information measures on the Community system for quality
wines produced in specified regions (quality wines psr),
wines with geographical
indication and spirit drinks with
geographical indication or reserved traditional indication;

(d) impact assessment of

the information and promotion

measures.

2.
On the internal market, the measures referred to in Arti-
cle 1(1) may also take the form of participation in events, fairs
and exhibitions of national or European importance, by means
of
stands aimed at enhancing the image of Community
products.

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In third countries, the measures referred to in Article 1(1)

3.
may also take the following form:

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

(a)

information measures on the Community system for table
wines;

(b) participation in events, fairs and exhibitions of international
in particular by means of stands aimed at

importance,
enhancing the image of Community products;

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

market outlets;

(d) high-level trade visits.

Article 4

Lists of themes, products and countries eligible for these
measures

The Commission shall draw up, according to the procedure
lists of the themes and products
referred to in Article 16(2),
under Article 3 and the third countries concerned. These lists
shall be revised every two years. However, if necessary, the lists
may be amended in the interval through the same procedure.

In selecting the third countries, account shall be taken of the
markets of third countries where there is actual or potential
demand.

Article 3

Sectors and products concerned

Article 5

Guidelines

1.
The sectors and products which may be covered by the
measures referred to in Article 1(1) to be implemented on the
internal market
shall be determined bearing in mind the
following criteria:

For promotion on the internal market, the Commission
1.
shall,
in accordance with the procedure referred to in Article
16(2), adopt guidelines to be followed defining the strategy for
information and promotion programmes.

(a)

the desirability of drawing attention to the quality, typical
features, specific production method, nutritional and health
aspects, safety, animal welfare or environment-friendliness
of
thematic or
target-specific campaigns;

the products in question, by means of

These guidelines shall provide general indications, in particular
concerning:

(a) objectives and targets to be reached;

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

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

selected;

(c)

the need to tackle specific or short-term difficulties in indi-
vidual sectors;

(c)

the types of measures to be implemented;

(d) the desirability of providing information on the Community

PDO, PDI, TSG and organic production schemes;

(d) the duration of programmes;

(e)

the desirability of providing information on the Community
system covering quality wines psr, wines with geographical
indication and spirit drinks with geographical indication or
reserved traditional indication.

2.
The following products in particular shall be eligible for
the measures referred to in Article 1(1) to be carried out in
third countries:

(e)

the indicative distribution, by market and type of measure
envisaged, of the amount available for the Community’s
financial contribution to programmes.

With regard to the promotion of fresh fruit and vegetables,
particular attention shall be paid to promotion measures
intended for children in schools.

(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;

2.
For promotion in third countries, the Commission may, in
accordance with the procedure referred to in Article 16(2),
adopt guidelines defining the strategy to be followed in
proposals for
information and promotion programmes for
some or all of the products referred to in Article 3(2).

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Article 6

Organisations responsible for implementing information
and promotion measures

To implement the measures referred to in Article 2(1)(a),
1.
(b) and (c), Article 2(2) and Article 2(3)(a),
in
accordance with the guidelines referred to in Article 5(1) and
subject to paragraph 2 of this Article, the trade and/or inter-
trade organisation(s) representing the sector(s) concerned in one
or more Member States or at Community level shall draw up
proposals for information and promotion programmes of a
maximum duration of three years.

(b) and (c),

accordance with the procedure referred to in Article 16(2).
Once this time limit has been exceeded and no such notification
is sent, the programme shall be deemed eligible.

Member State(s) shall take account of any observations made by
the Commission and shall forward to it the revised programmes
in accordance with the proposing organisation(s) referred to in
Article 6(1) within a time limit to be set under the procedure
referred to in Article 16(2).

2. Where promotion measures in third countries are decided
on for the olive oil and table olive sector, the Community may
implement them 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 8

Selection of information and promotion programmes

The Commission shall decide,

1.
in accordance with the
procedure referred to in Article 16(2) which programmes are
to be selected and the corresponding budgets. Priority shall be
given to the programmes proposed by several Member States or
providing for measures in several Member States or
third
countries.

Article 7

Drafting and forwarding information and promotion
programmes

1. Member States shall define the specifications setting the
information and
conditions
promotion programmes.

evaluation criteria

and

for

The Member State(s) concerned shall examine the suitability of
proposals for programmes and shall verify conformity with this
Regulation, the guidelines drawn up under Article 5 and the
relevant
the
programme offers value for money.

specifications. They

also check

shall

that

After examining the programme(s), the Member State(s) shall
draw up a list of programmes selected within the limit of
available funds and shall undertake to contribute to financing
these programmes, where appropriate.

2.
In accordance with the procedure referred to in Article
16(2), the Commission may set lower or higher limits to the
actual costs of the selected programmes, in line with paragraph
1 of this Article. These limits may be adjusted according to the
type of programmes concerned. The criteria applied may be
defined in accordance with the procedure referred to in
Article 16(2).

Article 9

Procedure to be followed in case of an absence of
information programmes for the internal market

In the absence of programmes to be carried out on the
1.
internal market for one or more of the information measures
referred to in Article 2(1)(b) submitted in accordance with
Article 6(1), each interested Member State shall draw up, on
referred to in Article 5(1), a
the basis of
through a
programme and its specification and shall select
public
the
programme it undertakes to co-finance.

implementing body for

the guidelines

tenders

call

the

for

2. Member State(s) shall forward to the Commission the list
of programmes
referred to in the third subparagraph of
paragraph 1, and a copy of these programmes.

2.
The Member State(s) shall submit to the Commission the
programme selected in accordance with paragraph 1, accom-
panied by a reasoned opinion including:

If the Commission finds that a programme which has been
submitted or some of the measures therein are not in line
with Community rules or, for the measures to be carried out
on the internal market, with the guidelines referred to in Article
5, or they do not offer value for money,
it shall notify the
Member State(s) concerned of the ineligibility of all or part of
in
that programme, within a time limit

to be determined,

(a)

the desirability of the programme;

(b) the conformity of the programme and the proposed body
with this Regulation and, where necessary, with the
applicable guidelines;

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(c) an assessment of the programme’s value for money.

For the purposes of the Commission’s examination of the

3.
programmes, Article 7(2) and Article 8(1) shall apply.

(b) and (c) of

(ii) the measures referred to in Article 2(1)(a) and Article
2(3)(a),
this Regulation, where these
measures are of Community interest or where no appro-
priate proposal has been submitted in accordance with
Articles 6 and 9 of this Regulation.

4.
In accordance with the procedure referred to in Article
16(2), the Commission may set lower or higher limits to the
the programmes
actual costs of
submitted in line with
paragraph 2 of
this Article. These limits may be adjusted
according to the type of programmes concerned. The criteria
applied may be defined in accordance with the procedure
referred to in Article 16(2).

Article 11

Bodies responsible for implementing the programmes and
measures

The Commission shall use an open or restricted call for

1.
tenders to select:

Article 10

Information and promotion measures to be implemented
at the Commission’s initiative

After informing the committee referred to in Article 16(1) or,
where necessary,
the committee set up by Article 14(1) of
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 (1),
the Standing Committee on Protected Geographical Indications
and Protected Designations of Origin set up by Article 15(1) of
Council Regulation (EC) No 510/2006 of 20 March 2006 on
the protection of geographical indications and designations of
origin for agricultural products and foodstuffs (2) or
the
Standing Committee on Traditional Specialities Guaranteed set
up by Article 18(1) of Council Regulation (EC) No 509/2006 of
20 March 2006 on agricultural products and foodstuffs as
traditional
the Commission may
decide to carry out one or more of the following measures:

specialities guaranteed (3),

(a)

for measures to be carried out on the internal market and in
third countries:

(i) the measures referred to in Article 2(1)(d) of this Regu-

lation;

(ii) the measures referred to in Article 2(1)(b) and (c), and
Article 2(2) of this Regulation, where these measures are
of Community interest or where no appropriate
proposal has been submitted in accordance with
Articles 6 and 9 of this Regulation;

(b) for measures to be implemented in third countries:

(i) the measures referred to in Article 2(3)(d) of this Regu-

lation;

(1) OJ L 198, 22.7.1991, p. 1. Regulation as

(EC) No 1319/2007 (OJ

last amended by
L 293,

Commission Regulation
10.11.2007, p. 3).

(2) OJ L 93, 31.3.2006, p. 12. Regulation as amended by Regulation

(EC) No 1791/2006 (OJ L 363, 20.12.2006, p. 1).

(3) OJ L 93, 31.3.2006, p. 1.

(a) any technical assistants needed to evaluate proposals for the
including the

programmes provided for in Article 7(2),
proposed implementing bodies;

(b) the body or bodies

responsible for

implementing the

measures referred to in Article 10.

After inviting competitive offers by all appropriate means,
2.
the proposing organisation shall select the bodies to implement
the programmes selected in accordance with Article 7(1).

However, under certain conditions to be defined in accordance
with the procedure referred to in Article 16(2), the proposing
organisation may be authorised to implement certain parts of
the programme itself.

3.
The bodies responsible for implementing information and
the
promotion measures shall have specialist knowledge of
products and markets concerned and have the resources
necessary to ensure that the measures are implemented as effec-
tively as possible, taking account of the European dimension of
the programmes concerned.

Article 12

Monitoring of programmes

1.
A Monitoring Group, comprising representatives of the
Commission, the Member States concerned and the proposing
organisations,
selected in
accordance with Articles 8 and 9.

the programmes

shall monitor

implementation of

The Member States concerned shall be responsible for the
2.
selected
in
proper
the programmes
accordance with Articles 8 and 9 and for
the relevant
payments. The Member States shall ensure that the information
and promotion material produced in the context of
these
programmes is in line with Community rules.

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Article 13

Financing

of the Treaty, that the Commission has selected in accordance
with Article 8(1) of this Regulation.

1. Without prejudice to paragraph 4, the Community shall
referred to in Article 10. The
fully fund the measures
Community shall also fully fund the costs
the
technical assistants selected in accordance with Article 11(1)(a).

to cover

Community’s

The

participation

2.
the
financial
programmes selected under Articles 8 and 9 shall not exceed
50 % of the actual cost of these programmes. Where infor-
mation and promotion programmes have a duration of two
or three years, the participation for each year of implementation
shall not exceed this ceiling.

in

The percentage referred to in the first subparagraph shall be
60 % for measures for the promotion of fruit and vegetables
intended specifically for children in schools of the Community.

3.
Proposing organisations shall participate in the funding of
the programmes they propose to a level of at least 20 % of the
actual costs of the programmes, with the remaining funding
being borne by the Member States concerned, where appro-
the Community’s financial partici-
priate,
taking account of
pation referred to in paragraph 2.

Article 14

Community expenditure

Community financing of the measures referred to in Article 1(1)
shall be held to fall, according to the case, under Article 3(1)(d)
or Article 3(2)(b) of Regulation (EC) No 1290/2005.

Article 15

Implementing rules

The detailed rules for implementing this Regulation shall be
adopted in accordance with the procedure referred to in
Article 16(2).

Article 16

Committee procedure

for

the

common organisation of

The Commission shall be assisted by the Management
1.
Committee
agricultural
markets set up by Article 195 of Council Regulation (EC) No
1234/2007 of 22 October 2007 establishing a common orga-
nisation of agricultural markets and on specific provisions for
certain agricultural products (Single CMO Regulation) (1).

The share paid by the Member States and the proposing orga-
nisations respectively shall be fixed when the programme is
submitted to the Commission in accordance with Article 7(2).

2. Where reference is made to this paragraph, Articles 4 and
7 of Decision 1999/468/EC shall apply.

The payments made by Member States or proposing organi-
sations may come from parafiscal charges or mandatory contri-
butions.

The period laid down in Article 4(3) of Decision 1999/468/EC
shall be set at one month.

4. Where Article 6(2) applies, the Community shall, after
approving the programme, grant an appropriate contribution
to the international organisation concerned.

For the programmes referred to in Article 9, the Member
the

5.
States concerned shall be responsible for the share of
financing not covered by the Community.

Article 17

Consultation

Before drawing up the lists provided for in Article 4, defining
the guidelines under Article 5, approving the programmes
referred to in Articles 6 and 9,
taking a decision on the
measures
in accordance with Article 10 or adopting the
detailed implementing rules under Article 15, the Commission
may consult:

Member States’ financing may come from parafiscal charges.

(a)

the Advisory Group on Promotion of Agricultural Products
set up by Commission Decision 2004/391/EC (2);

6.
Articles 87, 88 and 89 of the Treaty shall not apply to the
financial participations of Member States nor to the financial
participations from parafiscal charges or mandatory contri-
butions of Member States or proposing organisations
for
programmes eligible for Community support under Article 36

(b) ad hoc technical working groups comprised of members of
the committee or experts in promotion and advertising.

(1) OJ L 299, 16.11.2007, p. 1.
(2) OJ L 120, 24.4.2004, p. 50.

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Article 18

Report

References made to the repealed Regulations shall be construed
as references to this Regulation and shall be read in accordance
with the correlation table in the Annex.

By 31 December 2010, the Commission shall submit to the
European Parliament and the Council a report on the appli-
cation of
together with any appropriate
proposals.

this Regulation,

Article 19

Repeal

Regulations (EC) No 2702/1999 and (EC) No 2826/2000 are
hereby repealed.

Article 20

Entry into force

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

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

Done at Brussels, 17 December 2007.

For the Council
The President

J. SILVA

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ANNEX

CORRELATION TABLE REFERRED TO IN ARTICLE 19

1. Regulation (EC) No 2702/1999

Regulation (EC) No 2702/1999

This Regulation

Article 1

Article 2

Article 3

Article 4

Article 5(1)

Article 5(2)

Article 6

Article 7(1) first subparagraph

Article 7(1) second subparagraph and (2)

Article 7(3)

Article 7(4), (5) and (6)

—

Article 7a

Article 8(1) and (2)

Article 8(3) and (4)

Article 9(1) to (4)

—

Article 9(5)

Article 10

Article 11

Article 12

Article 12a

Article 13

Article 14

Article 15

Article 1

Article 2

Article 3(2)

Article 3(2), last subparagraph

Article 4

Article 5(2)

Article 5(3)

Article 6

Article 7(1)

Article 7(2)

Article 8

Article 9

Article 10

Article 11

Article 12

Article 13(1) to (4)

Article 13(5)

Article 13(6)

Article 14

Article 15

Article 16

Article 17

Article 18

Article 19

Article 20

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2. Regulation (EC) No 2826/2000

Regulation (EC) No 2826/2000

This Regulation

Article 1

Article 2

Article 3

Article 4

Article 5

Article 6(1), first subparagraph

Article 6(1), second subparagraph and (2)

Article 6(3)

Article 6(4) to (6)

Article 7

Article 7a

Article 8

Article 9

Article 10(1)

Article 10(2) and (3)

Article 11

Article 12

Article 13

Article 13a

Article 14

Article 15

Article 16

Article 17

Article 1

Article 2

Article 3(1)

Article 4

Article 5(1)

Article 6

Article 7(1)

Article 7(2)

Article 8

Article 9

Article 10

Article 11(1)

Article 13

Article 11(2)

Article 12

Article 14

Article 15

Article 16

Article 17

Article 18

Article 19

—

Article 20