Commission Regulation (EC) No 501/2008 of 5 June 2008 laying down detailed rules for the application of Council Regulation (EC) No 3/2008 on information provision and promotion measures for agricultural products on the internal market and in third countries
Date: 2008-06-05
Institutions: European Commission
Subjects: EU financing, action programme, agricultural product, application of EU law, consumer information, domestic market, sales promotion, third country

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COMMISSION REGULATION (EC) No 501/2008

of 5 June 2008

laying down detailed rules for the application of Council Regulation (EC) No 3/2008 on information
provision and promotion measures for agricultural products on the internal market and in third
countries

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty
Community,

establishing the European

Having regard to 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 (1), and in particular Articles 4, 5, 9 and 15
thereof,

Whereas:

(1)

(2)

(EC) No

Regulation
the
3/2008
Commission is to lay down the implementing rules for
information and promotion programmes part-financed
by the Community budget.

provides

that

country markets, without

Taking account of experience gained, the prospects for
market development both within and outside
the
Community and the new international trade situation,
an overall, coherent information and promotion policy
should be developed for agricultural products and their
method of production, as well as for food products based
on agricultural products, on the internal market and on
third
the
consumption of any product on grounds of its specific
origin. In the interests of clarity, Commission Regulation
(EC) No 1071/2005 of 1 July 2005 laying down detailed
rules
(EC) No
applying Council Regulation
2826/2000 on information and promotion actions for
agricultural products on the internal market (2) and
Commission Regulation
of
16 August 2005 laying down detailed rules for the appli-
cation of Council Regulation (EC) No 2702/1999 on
measures to provide information on, and to promote,
should
in third
agricultural products

countries (3)

encouraging

1346/2005

(EC) No

for

(1) OJ L 3, 5.1.2008, p. 1.
(2) OJ L 179, 11.7.2005, p. 1. Regulation as amended by Regulation

(EC) No 1022/2006 (OJ L 184, 6.7.2006, p. 3).

(3) OJ L 212, 17.8.2005, p. 16.

(3)

(4)

(5)

(6)

(7)

therefore be repealed and replaced by a single regulation,
the specific
whilst maintaining,
features of measures according to the market in which
they are implemented.

in separate chapters,

In the interests of sound management, provision should
be made for the drawing-up and regular updating of lists
of themes, products and markets covered by information
and promotion measures for agricultural products, the
designation of the national authorities responsible for
implementing this Regulation and the determination of
the duration of the programmes.

In the interests of informing and protecting consumers, it
should be specified that any message referring to the
impact on health of a product passed on to consumers
and other target groups under the programmes on the
internal market must have a recognised scientific basis
information must be
and that
recognised.

the sources of

that

covered

In order to prevent any risk of distortion of competition,
general and specific guidelines
to be followed for
products
information and promotion
campaigns on the internal market should be drawn up,
as should rules on the way the specific origin of products
covered by information and promotion campaigns in
third countries is to be referred to.

by

In the interests of legal certainty, it should be specified
that the programmes proposed for the internal market
must comply with the body of Community legislation on
the products concerned and the marketing thereof and
with the above guidelines.

In order to standardise the methods of selecting im-
plementing bodies and programmes,
in third countries
the same rules should be applied to the measures to be
carried out by the international organisations referred to
in Article 6(2) of Regulation (EC) No 3/2008.
In the
interests of
the messages disseminated
under programmes should comply with the legislation
of the third countries targeted.

legal certainty,

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(8)

(9)

The procedure for submitting programmes and selecting
the implementing body should be laid down to ensure
the widest possible competition and the free movement
of services, bearing in mind, where the proposing organ-
the provisions of Directive
isation is a public body,
2004/18/EC of
the
Council of 31 March 2004 on the coordination of
procedures for the award of public works contracts,
public supply contracts and public service contracts (1).

the European Parliament and of

Regulation (EC) No 3/2008 provides for the possibility
for proposing organisations themselves to implement
certain parts of programmes, select
the implementing
bodies at a later stage in the procedure, and maintain
the Community contribution at a constant
level not
exceeding 50 % of the actual cost of each phase of the
programme or 60 % in the case of the measures provided
for in the fruit and vegetable sector aimed at children in
schools in the Community. Detailed rules for the appli-
cation of those provisions should be laid down.

(10)

Criteria governing the selection of programmes by the
the selected
Member States and the examination of
programmes by the Commission should be established
with a view to ensuring that the Community rules are
complied with and that the measures to be implemented
are effective. After examining the programmes,
the
Commission must decide which programmes are to be
accepted and lay down the relevant budgets.

(13)

interests of

sound financial management,
In the
programmes
should contain detailed rules on the
financial contribution of Member States and proposing
organisations.

(14)

(15)

(16)

To avoid the risk of duplication of financing, information
internal market
and promotion measures on the
receiving support under Council Regulation (EC) No
1698/2005 of 20 September 2005 on support
for
rural development by the European Agricultural Fund
for Rural Development (EAFRD) (2) should be excluded
from support under Regulation (EC) No 3/2008.

The various arrangements for fulfilling the commitments
entered into should be laid down in contracts to be
concluded between the parties
concerned and the
competent national authorities within a reasonable time
limit, using model contracts supplied to the Member
States by the Commission.

To ensure the proper performance of such contracts,
contractors should lodge a security equal to 15 % of
the Community contribution and that of the Member
States concerned in favour of the competent national
authority. To the same end, a security should be
lodged where an advance payment
for each annual
phase is applied for.

(17)

The checks to be carried out by the Member States
should be determined.

(11)

In the case of programmes aimed at third countries, to
ensure that the Community measures are effective, the
the programmes
Member States must
ensure
approved are consistent with, and complement,
their
national and regional programmes, and preferential
criteria must be laid down for selecting programmes so
as to optimise their impact.

that

(18)

It should be specified that the implementation of the
measures covered by the contracts is to be a primary
requirement within the meaning of Article 20 of
Commission Regulation (EEC) No 2220/85 of 22 July
1985 laying down common detailed rules for the appli-
for agricultural
cation of
products (3).

system of

securities

the

(12)

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

(19)

To comply with budget management requirements, it is
essential that a financial penalty be laid down for failure
to submit intermediate payment applications on time and
for late payment by Member States.

(1) OJ L 134, 30.4.2004, p. 114. Directive as last amended by
Commission Regulation (EC) No 213/2008 (OJ L 74, 15.3.2008,
p. 1).

(2) OJ L 277, 21.10.2005, p. 1. Regulation as last amended by Regu-

lation (EC) No 146/2008 (OJ L 46, 21.2.2008, p. 1).

(3) OJ L 205, 3.8.1985, p. 5. Regulation as last amended by Regulation

(EC) No 1913/2006 (OJ L 365, 21.12.2006, p. 52).

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(20)

In the interests of sound financial management and in
order to avoid any risk of the payments to be made
taking up the whole of the Community financial contri-
bution and leaving no balance to pay, it should be laid
down that advances and intermediate payments must not
exceed 80 % of
contribution from the
total
Community and the Member States. To the same end,
applications for payment of the balance must reach the
competent national authorities within a specified time
limit.

the

the Financial Regulation applicable to the general budget
of the European Communities (1).

(27)

The measures provided for in this Regulation are in
accordance with the opinion of
the Management
Committee for the Common Organisation of Agricultural
Markets,

(21)

information and
The Member States should check all
promotion material produced under the programmes.
The terms for the use of such material after the end of
the programmes should be laid down.

(22)

In the light of experience and in order to monitor the
proper implementation of the programmes, detailed rules
should be laid down for the monitoring by the group set
up to this end under Regulation (EC) No 3/2008.

HAS ADOPTED THIS REGULATION:

CHAPTER I

GENERAL PROVISIONS

Article 1

Purpose and definition

This Regulation lays down detailed rules for applying
1.
Regulation (EC) No 3/2008,
the
drawing-up, selection, implementation, financing and checking
of the programmes referred to in Article 6 of that Regulation.

in particular as

regards

(23)

The Member States should check the implementation of
the measures
covered by this Regulation and the
Commission should be kept informed of the results of
the checks provided for by this Regulation.
In the
interests of
sound financial management, provision
should be made for cooperation between the Member
States concerned where measures are implemented in a
in which the
Member State other
competent contracting authority is established.

than the one

(24)

To protect the Community’s financial interests effectively,
appropriate measures should be adopted to combat fraud
and gross negligence. Reimbursements and penalties
should be introduced to this end.

‘Programme’ means a coherent set of operations of a
2.
scope that is sufficient to contribute towards improving infor-
mation about, and sales of, the products concerned.

Article 2

Designation of the competent authorities

The Member States shall designate the competent authorities
implementing this Regulation (hereinafter
responsible
referred to as ‘competent national authorities’).

for

They shall notify the Commission of the name and full details
of the authorities designated and any changes thereto.

(25)

It should be clearly laid down that, in the case of multi-
annual programmes, an internal evaluation report should
be submitted on completion of each annual phase, even
where no payment request has been made.

The Commission shall place that
domain in an appropriate form.

information in the public

(26)

The interest rate payable by the beneficiary of a wrongful
rate for
payment should be aligned on the interest
amounts receivable not
repaid on the due date, as
referred to in Article 86 of Commission Regulation
(EC, Euratom) No 2342/2002 of 23 December 2002
laying down detailed rules for the implementation of
Council Regulation (EC, Euratom) No 1605/2002 on

Article 3

Duration of programmes

Programmes shall be implemented over a period of at least one
year but not more than three years from the date on which the
relevant contract takes effect, as referred to in Article 16(1).

(1) OJ L 357, 31.12.2002, p. 1. Regulation as last amended by Regu-
lation (EC, Euratom) No 478/2007 (OJ L 111, 28.4.2007, p. 13).

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Article 4

Article 6

Characteristics of information and promotion messages for
programmes aimed at the internal market

Purpose of the measures to be carried out and indicative
budgets

In compliance with the criteria set out in Article 3(1) of
1.
Regulation (EC) No 3/2008, all information and/or promotion
messages passed on to consumers and other target groups
under programmes (hereinafter referred to as ‘the message’)
shall be based on the intrinsic qualities of
the product
concerned or its characteristics.

The list of themes and products that may be covered by
1.
measures
in
to be implemented on the internal market,
accordance with Article 3(1) of Regulation (EC) No 3/2008, is
set out in Part A of Annex I to this Regulation.

Any reference to the origin of products shall be secondary
2.
to the central message of a campaign. However, the origin of a
product may be indicated as part of an information or
promotion operation in the case of a designation under
Community rules or a typical product needed to illustrate the
information or promotion measures.

Any reference in messages to be disseminated to the
3.
effects on health of consuming the products concerned shall
be based on generally accepted scientific data.

Messages referring to such effects must be acceptable to the
national authority responsible for public health.

A trade or inter-trade organisation as referred to in Article 6(1)
of Regulation (EC) No 3/2008 which proposes a programme
shall keep a list available for the Member State concerned and
the Commission of the scientific studies and the opinions of
authorised scientific institutions on which the messages in the
programme referring to effects on health are based.

Article 5

Characteristics of information and promotion messages for
programmes aimed at third countries

All messages shall be based on the intrinsic qualities of the

1.
product concerned or its characteristics.

It shall be updated every two years, not later than 31 March.

The list of products that may be covered by measures to
2.
be
in accordance with
implemented in third countries,
Article 3(2) of Regulation (EC) No 3/2008, is set out in Part
A of Annex II to this Regulation. The list of third country
markets on which those measures may be carried out is set
out in Part B of Annex II.

They shall be updated every two years, not
December.

later than 31

The indicative annual budgets for the various sectors are

3.
set out in Annex III.

CHAPTER II

SELECTION OF PROGRAMMES REFERRED TO IN ARTICLES 6
TO 8 OF REGULATION (EC) No 3/2008

Article 7

Programmes aimed at third countries in collaboration with
international organisations

1. Where Article 6(2) of Regulation (EC) No 3/2008 applies,
the international organisations referred to in that Article must
submit, on request by the Commission, proposals for
the
programmes scheduled for the following year.

These messages must comply with the legislation applicable in
the third countries at which they are targeted.

The conditions for the grant and payment of the Community
contribution referred to in Article 13(4) of Regulation (EC) No
3/2008 shall be governed by an assistance agreement concluded
between the Community and the international organisation
concerned.

Any reference to the origin of products shall be secondary
2.
to the central message of a campaign. However, the origin of a
product may be indicated as part of an information or
promotion operation in the case of a designation under
Community rules or a typical product needed to illustrate the
information or promotion measures.

2.
Directive 2004/18/EC shall apply where measures are
implemented by the international organisations referred to in
Article 6(2) of Regulation (EC) No 3/2008.

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Article 8

(b) the quality of the proposed measures;

Submission of programmes

1.
For the purpose of implementing the operations under
programmes, the Member State concerned shall publish a call
for proposals each year.

No later than 30 November each year in the case of the internal
market and no later than 31 March each year in the case of
third countries, the trade and inter-trade organisations in the
Community which are representative of the sectors concerned
(hereinafter referred to as ‘proposing organisations’) shall submit
their programmes to the Member State.

Programmes shall be submitted in a form prescribed by the
Commission and be available on its website. This format shall
be attached to the calls for proposals referred to in the first
subparagraph.

The programmes submitted in accordance with paragraph

2.
1 shall:

(a) comply with Community rules governing the products

concerned and their marketing;

(b) comply with the

exclusion,
selection and award criteria distributed to that end by the
Member States concerned;

specifications

stipulating

(c) contain sufficient detail to enable their compliance with the
applicable rules and their cost/benefit ratio to be evaluated.

3.
For the purposes of implementing its programmes, each
proposing organisation shall select one or more implementing
bodies by an appropriate competitive procedure validated by the
Member State concerned. Where this selection has been made
before the programme is submitted, the implementing body
may take part in drawing up the programme.

Article 9

Pre-selection of programmes by Member States

1.
The Member States shall draw up a provisional list of the
programmes they select on the basis of the criteria laid down in
the specifications referred to in Article 8(2)(b).

(c)

their likely impact in increasing demand for the products
concerned;

(d) assurances that the proposing organisations are effective and

representative;

(e)

the technical capacities of the proposed implementing body
and assurances that it is effective.

3.
In addition to the requirements laid down in Article 8 and
this Article, programmes aimed at the internal market shall
comply with the guidelines for promotion on the internal
referred to in Article 5(1) of Regulation (EC) No
market
3/2008 and set out in Part B of Annex I to this Regulation.

the Member States concerned shall

4. Where a programme involving more than one Member
State is planned,
jointly
select the programme and nominate a coordinating Member
State. They shall undertake to contribute to the financing of
the programmes in accordance with Article 14(2) and agree
on administrative collaboration procedures to facilitate the
monitoring, implementation and checking of the programmes.

5.
In the case of programmes aimed at third countries, the
individual Member States shall ensure that any national or
regional measures
they undertake are in agreement with
measures part-financed under Regulation (EC) No 3/2008 and
that
submitted complement national and
regional campaigns.

the programmes

Article 10

Priority in selecting programmes aimed at third countries

1.
Among the programmes referred to in Article 6(1) of
Regulation (EC) No 3/2008 submitted by several Member
in the case of programmes
States, preference shall be given,
aimed at
to those covering a group of
products and placing particular emphasis on quality, nutritional
value and food safety aspects of Community production.

third countries,

The Member States shall check programmes aimed at third

2.
countries in particular against the following criteria:

(a) consistency between the

strategies proposed and the

objectives set;

2.
In the case of programmes involving a single Member
State or 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 representativeness of
European agricultural and food production.

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Article 11

Article 12

Selection of programmes by the Commission

Approval of implementing bodies by the Member State

third countries,

1.
No later than 15 February of each year in the case of the
internal market and no later than 30 June of each year in the
the Member States shall send the
case of
Commission the list
including,
where applicable, the list of implementing bodies which they
have selected, where these have already been selected in
accordance with Article 8(3), and a copy of each programme.

referred to in Article 9(1)

In the case of programmes involving more than one Member
State, this notification shall be made by common accord of the
Member States concerned.

The Commission shall

2.
concerned if
it
submitted does not comply with:

finds

States
inform the Member
that all or part of a programme

(a)

the Community rules; or

(b) the guidelines, in the case of the internal market; or

(c)

the criteria referred to in Article 9(2), in the case of third
countries.

The information referred to in the first subparagraph shall be
communicated within 60 calendar days of receipt of the list
referred to in Article 9(1).

3.
In accordance with the third subparagraph of Article 7(2)
of Regulation (EC) No 3/2008, the Member States shall send
their amended programmes to the Commission within 30
calendar days of
receiving the information referred to in
paragraph 2 of this Article.

After checking the amended programmes the Commission shall
decide, no later than 30 June in the case of the internal market
and no later than 30 November in the case of third countries,
which programmes it may part-finance in accordance with the
procedure referred to in Article 16(2) of Regulation (EC) No
3/2008.

1.
The implementing body selected in accordance with
Article 8(3) shall be approved by the Member State, which
shall
inform the Commission thereof before the contract
referred to in Article 16(1) is signed.

2.
The Member State shall check that the implementing body
selected has the necessary financial and technical resources to
ensure that the measures are implemented in the most effective
manner in accordance with Article 11(3) of Regulation (EC) No
3/2008.
the procedure
followed to this end.

inform the Commission of

It shall

Article 13

Implementation of certain parts of a programme by the
proposing organisation

1.
A proposing organisation may implement certain parts of
a programme in accordance with Article 11(2) of Regulation
(EC) No 3/2008 subject to the following conditions:

(a)

the proposing organisation meets the requirements set out
in Article 11(3) of Regulation (EC) No 3/2008;

(b) the proposing organisation has at least five years’ experience

of implementing such measures;

(c)

the part of the programme carried out by the proposing
organisation accounts for no more than 50 % of its total
cost, except in duly justified cases and after the Commission
has given its written authorisation;

(d) the proposing organisation ensures that

the
measure which it plans to carry out itself is not in excess
of the normal market rates.

the cost of

The Member State shall check that these conditions are met.

4.
The proposing organisation(s) shall be responsible for the
proper implementation and management of the programmes
selected.

2. Where the proposing organisation is a body governed by
public law within the meaning of the second subparagraph of
Article 1(9) of Directive 2004/18/EC, the Member States shall
take measures as necessary to ensure that
the authorities
awarding contracts enforce the provisions of that Directive.

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CHAPTER III

FINANCING OF PROGRAMMES

Article 14

General financing rules

The Community’s financial contribution shall be paid to

1.
the Member States concerned.

2. Where several Member States contribute to the financing
of a programme, their shares shall complement the financial
contributions of each of the proposing organisations established
In such cases, Community
in their
financing
to in
limits
the
Article 13(2) of Regulation (EC) No 3/2008.

respective territories.
exceed
shall not

referred

Details of

3.
in
Article 13 of Regulation (EC) No 3/2008 shall be given in
the programme communicated to the Commission.

the financial contributions provided for

Article 15

Special rules for the internal market

1. Where Article 9 of Regulation (EC) No 3/2008 applies,
the procedure provided for in Article 11(1), (2) and (3) and
Articles 14 to 23 of this Regulation shall apply.

of the Commission decision referred to in Article 11(3). Beyond
that deadline, no contracts may be concluded without prior
authorisation from the Commission.

The Member States shall use the model contracts provided

2.
by the Commission.

Where appropriate,
terms in the model contracts in line with national
provided that this does not infringe Community legislation.

the Member States may amend certain
rules,

3.
Contracts may not be concluded by the two parties until a
security equal to 15 % of the maximum annual financial contri-
bution from the Community and the Member States concerned
the Member State by the
has been lodged in favour of
proposing organisation in accordance with Title
III of
Commission Regulation (EEC) No 2220/85 in order to ensure
satisfactory performance of the contract.

However, if the contracting organisation is a body governed by
public law or acts under the supervision of such a body, the
competent national authority may accept a written guarantee
from the supervisory body covering the percentage specified in
the first subparagraph, provided that
the supervisory body
undertakes to verify that:

(a)

the obligations entered into are properly discharged; and

In the case of the programmes provided for in Article 9 of
Regulation (EC) No 3/2008, the contracts shall be concluded
between the Member States concerned and the implementing
bodies selected.

(b) the sums received are used properly to discharge the obli-

gations entered into.

2.
Information and promotion operations receiving support
under Council Regulation (EC) No 1698/2005 shall not be
eligible for a Community financial contribution under this
Regulation.

Article 16

Conclusion of contracts and provision of securities

1.
As soon as the Commission adopts the decision referred
to in Article 11(3), the proposing organisations concerned shall
be informed by the Member States whether or not their appli-
cations have been accepted.

Proof that the performance security has been lodged must reach
the Member State within the time limit laid down in paragraph
1.

The primary

4.
requirement within the meaning of
Article 20 of Regulation (EEC) No 2220/85 shall be implemen-
tation of the measures provided for in the contract.

5.
The Member State shall immediately send the Commission
a copy of the contract and proof that the performance security
has been lodged.

The Member States shall conclude contracts with the selected
proposing organisations within 90 calendar days of notification

It shall also send a copy of the contract concluded by the
selected proposing organisation with the implementing body.
That contract shall contain the provision that the implementing
body must submit to the checks provided for in Article 25.

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Article 17

Arrangements for the payment of advances

1. Within 30 calendar days of the contract referred to in
in the case of multiannual
Article 16(1) being signed and,
programmes, within 30 days of the beginning of each 12-
the contracting organisation may submit an
month period,
to the Member State
application for an advance payment
concerned,
in
paragraph 3 of this Article. Beyond that date, no applications
for an advance may be made.

security provided for

together with the

Each advance payment shall amount to no more than 30 % of
the annual contribution from the Community and the Member
State(s) concerned, as referred to in Article 13(2) and (3) re-
spectively of Regulation (EC) No 3/2008.

The Member State shall pay an advance within 30
2.
calendar days of submission of
the application for advance
payment. Except in cases of force majeure, where the payments
are made late the amount of the monthly advance paid by the
Commission to the Member State
reduced in
accordance with Article 9 of Commission Regulation (EC) No
883/2006 (1).

shall be

The

advance

shall be paid on condition that

3.
the
contracting organisation lodges a security equal to 110 % of
the Member State in accordance
that advance in favour of
with Title III of Regulation (EEC) No 2220/85. The Member
State shall immediately forward to the Commission a copy of
each application for an advance payment and proof that the
corresponding security has been lodged.

summary financial statement, copies of the relevant invoices
and supporting documents and an interim report on the imple-
mentation of the contract during the quarter concerned (here-
inafter referred to as ‘three-monthly report’). Where no payment
has been made or no activities have been carried out during the
three-month period concerned, these documents shall be sent to
the competent national authority within the deadline referred to
in the first subparagraph.

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

The

intermediate payments

2.
shall be paid only on
condition that the Member State has checked the documents
referred to in the second subparagraph of paragraph 1.

Intermediate payments and the advance payments referred
3.
to in Article 17 taken together may not exceed 80 % of the
total annual financial contribution from the Community and
the Member States concerned referred to in Article 13(2) and
(3) respectively of Regulation (EC) No 3/2008. Once that level is
reached, no new intermediate payment applications may be
submitted.

Article 19

Payment of the balance

Applications

for payment of

1.
shall be
submitted by the proposing organisation to the Member State
the annual measures
within four months of completion of
covered by the contract referred to in Article 16(1).

the balance

However, if the contracting organisation is a body governed by
public law or acts under the supervision of such a body, the
competent national authority may accept a written guarantee
from the supervisory body covering the percentage specified in
the
body
undertakes to pay the amount covered by its guarantee if enti-
tlement to the advance as paid is not established.

subparagraph, provided

supervisory

first

the

To be considered admissible,
companied by a report
report’) comprising:

the application shall be ac-
referred to as ‘annual

(hereinafter

Article 18

Intermediate payments

1.
Applications for intermediate payments of the Community
and Member State contributions shall be submitted by the
proposing organisations to the Member States before the end
of the calendar month following the month in which each
period of three months calculated from the date of signing of
the contract referred to in Article 16(1) expires.

(a) a summary of the work carried out and an evaluation of the
results obtained, as can be ascertained at the date of the
report;

(b) a summary financial statement showing all expenditure

scheduled and incurred.

The annual report shall be accompanied by copies of
the
invoices and supporting documents relating to the payments
made.

Such applications shall cover the payments made during the
three-month period concerned and shall be accompanied by a

(1) OJ L 171, 23.6.2006, p. 1.

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.

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The balance shall be paid only on condition that

2.
Member State has
referred to in the third subparagraph of paragraph 1.

the
and documents

checked the

invoices

Where the primary requirement referred to in Article 16(4) is
not satisfied in full,
the balance payable shall be reduced
proportionately.

Article 20

Payments by the Member State

Member States shall make the payments referred to in Articles
18 and 19 within 60 calendar days of receipt of the application
for payment.

Article 22

Documents to be submitted to the Commission

1.
The annual report shall be submitted after completion of
each annual phase even where no application for payment of
the balance is lodged.

2. Within 30 calendar days
the
balance referred to in Article 19(2), the Member State shall
send the Commission the summary statements referred to in
points (a) and (b) of the second subparagraph of Article 19(1).

following payment of

3.
The Member State shall send the Commission twice a year
the quarterly reports required for intermediate payments in
accordance with Article 18.

However, this deadline may be suspended at any time in the 60-
day period after the payment application is first registered by
notifying the creditor contracting organisation that its appli-
cation is not admissible, either because the sum is not
payable, or because the application is not supported by the
requisite
applications, or
the
because the Member State deems it necessary to have further
information or to undertake checks. The payment period shall
start running again from the date of receipt of the information
requested or the date of the checks undertaken by the Member
State, which must be forwarded or undertaken, as the case may
be, within 30 calendar days of the notification.

additional

evidence

for

all

The first and second quarterly reports shall be sent within 60
calendar days of receipt of the second quarterly report by the
Member State and the third and fourth quarterly reports
together with the
to in
paragraph 2 of this Article.

statements

summary

referred

for
The annual
quarterly report concerning the fourth quarter.

report

the previous year may include the

the

Except in cases of force majeure, where the payments are made
the monthly advance paid by the
late
Commission to the Member State
reduced in
accordance with Article 9 of Regulation (EC) No 883/2006.

amount of

shall be

Article 21

Securities

1.
The security referred to in Article 17(3) shall be released
on condition that definitive entitlement to the advance as paid
has been established by the Member State concerned.

2.
The security referred to in Article 16(3) must remain valid
until the balance is paid and shall be released by means of a
letter of discharge issued by the competent national authority.

The security shall be released within the time limit and on the
terms laid down in Article 20 for payment of the balance.

Any securities forfeited and penalties imposed shall be
the
and declared to the European Agricultural

3.
deducted
Community
Guarantee Fund (EAGF).

part-financed

expenditure

from the

by

following payment of

the Member State shall

the
4. Within 30 calendar days
balance,
send the Commission a
financial statement detailing the expenditure incurred under
the
format prescribed by the
Commission and sent to the Member States. The statement
shall be accompanied by the Member State’s reasoned opinion
on the implementation of the tasks set for the phase just ended.

contract, presented in a

The statement shall also certify that,
in the light of checks
carried out in accordance with Articles 18(2) and 19(2), all
the expenditure may be considered eligible under the terms of
the contract.

CHAPTER IV

MONITORING AND CONTROL

Article 23

Use of material

1.
The Member States shall check that the information and
promotion material produced and used under the programmes
financed under this Regulation complies with the Community
rules.

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They shall send the Commission a list of material approved.

out and the anomalies detected. The report shall be sent as soon
as it has been finalised.

2.
The material produced and financed under a programme
including graphic, visual and
as referred to in paragraph 1,
audiovisual works and websites, may be used subsequently
provided that prior written authorisation is obtained from the
Commission, the proposing organisations concerned and the
the
contribute
States which
Member
the contractors’ rights
programme, account being taken of
under the national law governing the contract.

financially

to

In particular by means of technical and accounting checks
2.
at the premises of the contracting organisation and the im-
plementing body,
take the steps
necessary to verify that:

the Member States

shall

(a)

the information and supporting documents supplied are
accurate; and

Article 24

Monitoring of programmes

Article 16(1) have been fulfilled.

(b) all the obligations laid down in the contract referred to in

The Monitoring Group provided for in Article 12(1) of
1.
Regulation (EC) No 3/2008 shall meet regularly to monitor
progress in implementation of
the various programmes in
receipt of financing under this Regulation.

To that end, the Monitoring Group shall be informed of the
timetable for the planned measures under each programme, the
quarterly and annual reports and the results of
the checks
carried out in accordance with Articles 18, 19 and 25 of this
Regulation.

The Group shall be chaired by a representative of the Member
State concerned. Where programmes involve more than one
Member State, it shall be chaired by a representative designated
by the Member States concerned.

2.
Commission officials and other staff may take part in
activities organised under a programme in receipt of financing
under this Regulation.

Without prejudice
to Commission Regulation (EC) No
1848/2006 (1), the Member States shall inform the Commission
at the earliest opportunity of any irregularities detected during
checks.

In the case of programmes involving more than one
take the
the Member States concerned shall
inform

3.
Member State,
necessary steps to coordinate their checks and shall
the Commission thereof.

The Commission may take part at any time in the checks
4.
provided for in paragraphs 1, 2 and 3. To that end,
the
competent national authorities in the Member States shall
send the Commission, at least 30 days prior to the checks, a
provisional schedule of the checks to be carried out by the
Member State.

The Commission may carry out any additional checks
considers necessary.

it

Article 25

Checks by the Member States

Article 26

Recovery of undue payments

1.
The Member State concerned shall determine the most
appropriate means of checking the programmes and measures
covered by financing under this Regulation and shall notify the
Commission thereof.

1.
In cases of undue payment, the beneficiary shall reimburse
the amounts in question plus interest for the period between
payment and the reimbursement by the beneficiary.

The checks described shall be undertaken each year on at least
20 % of
the programmes completed in the previous year,
covering a minimum of two programmes, and shall relate to
at least 20 % of the total budget of the programmes completed
during the previous year. The selection of programmes for
sampling shall be based on a risk analysis.

The interest rate to be used shall be laid down in accordance
with Article 86(2)(b) of Regulation (EC, Euratom) No
2342/2002.

Amounts recovered and the relevant interest shall be paid
2.
to the Member States’ paying agencies or departments and
deducted by them from the expenditure financed by the
EAGF in proportion to the Community financial contribution.

The Member State shall send the Commission a report on each
programme checked, describing the results of the checks carried

(1) OJ L 355, 15.12.2006, p. 56.

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Article 27

Penalties

In the case of fraud or gross negligence, the proposing
repay twice the difference between the

1.
organisation shall
amount initially paid and the amount actually due.

However, the repealed Regulations shall continue to apply to
information and promotion programmes for which funding is
decided on by the Commission before the entry into force of
this Regulation.

2.
Subject to Article 6 of Council Regulation (EC, Euratom)
No 2988/95 (1), the reductions under this Regulation shall be
without prejudice to additional penalties pursuant
to other
provisions under Community or national law.

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

CHAPTER V

REPEAL, TRANSITIONAL AND FINAL PROVISIONS

Article 28

Repeal

Regulations (EC) Nos 1071/2005 and 1346/2005 are hereby
repealed.

Article 29

Entry into force

This Regulation shall enter into force on the seventh day
following that of 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, 5 June 2008.

For the Commission

Mariann FISCHER BOEL
Member of the Commission

(1) OJ L 312, 23.12.1995, p. 1.

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ANNEX I

INTERNAL MARKET

A. LIST OF THEMES AND PRODUCTS

— Fresh fruit and vegetables

— Processed fruit and vegetables

— Fibre flax

— Live plants and products of ornamental horticulture

— Olive oil and table olives

— Seed oils

— Milk and milk products

— Fresh, chilled or frozen meat, produced in accordance with a Community or a national quality scheme

— Marking of eggs for human consumption

— Honey and beekeeping products

— Quality wines produced in a specified region (psr), table wines with a geographical indication

— Graphic symbol for the outermost regions as laid down in agricultural legislation

— Protected designation/s of origin (PDO), protected geographical

indication/s (PGI) or traditional speciality/ies
guaranteed (TSG) in accordance with Council Regulations (EC) No 509/2006 (1) or (EC) No 510/2006 (2) and
products registered under these schemes

— Organic farming in accordance with Council Regulation (EEC) No 2092/91 (3) and products registered according to

that Regulation

— Poultrymeat

B. GUIDELINES

These guidelines suggest which messages, target groups and channels should be central to the information or
promotion programmes for the different product categories.

Without prejudice to the priorities presented in Article 8(1) of Regulation (EC) No 3/2008, programme proposals
should in general be prepared taking into account the following principles:

— when programmes are proposed by more than one Member State they should have coordinated strategies, actions

and messages,

— programmes should preferably be multiannual and with a sufficient scope to have a significant impact on the
targeted markets. Where appropriate, they may be implemented on the markets of more than one Member State,

— the messages of the programmes should provide objective information about the intrinsic characteristics and/or
nutritional value of the products as part of a balanced diet, about their production methods or how environ-
mentally friendly they are,

— programmes should have key messages which are of interest to the consumers, professionals and/or the trade of

several Member States.

(1) OJ L 93, 31.3.2006, p. 1.
(2) OJ L 93, 31.3.2006, p. 12.
(3) OJ L 198, 22.7.1991, p. 1.

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1. Overview of the situation

FRESH FRUIT AND VEGETABLES

While the Community production of fruit and vegetables is increasing, consumption is on the whole static.

There is a noticeable lack of interest among consumers, which is even stronger amongst the young, notably
children and adolescents in educational establishments. This is not conducive to a balanced diet.

2. Goals

the products as being ‘fresh’ and ‘natural’, encourage their regular
The aims are to improve the image of
consumption and bring down the average age of consumers. The latter may be attained by encouraging young
people, and in particular children and adolescents in educational establishments,
to consume the products
concerned.

3. Target groups
— Households

— Children in educational establishments

— Mass caterers

— Doctors and nutritionists

4. Main messages

— To promote a ‘five-a-day’-type approach (recommendation to eat at least five servings of fruit or vegetable per
day). This approach should be favoured in the case of promotion of fresh fruit and vegetables specifically
targeting children and adolescents in educational establishments

— The products are natural and fresh

— Quality (safety, nutritional value and taste, production methods, environmental protection,

product’s origin)

link with the

— Enjoyment

— Balanced diet

— Variety and seasonal nature of the supply of fresh products; information on their tastes and uses

— Traceability

— Accessibility and ease of preparation: many fresh fruit and vegetables require no cooking

5. Main channels

— Electronic channels (Internet sites presenting available products, with online games for young people)

— Telephone information lines

— PR contacts with the media and advertising (e.g. specialised journals, women’s press, youth magazines and

papers)

— Contacts with doctors and nutritionists

— Educational measures targeting children and adolescents in educational establishments by involving teachers and

school canteen managers

— Point-of-sale information actions to consumers

— Other channels (leaflets and brochures with information on the products and recipes, children’s games, etc.)

— Visual media (cinema, specialised TV channels)

— Radio spots

— Participation in trade fairs

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6. Duration of the programmes

Twelve to 36 months, giving priority to multiannual programmes that set objectives for each phase.

PROCESSED FRUIT AND VEGETABLES

1. Overview of the situation

The sector faces increasing competition from several third countries.

As demand is gradually increasing,
it is
important for the Community industry to be able to benefit from this potential. Therefore support for information
and promotion actions is justified.

in particular because of the ease of consumption of these products,

2. Goals

The image of the product needs to be modernised and made more youthful, giving the information needed to
encourage consumption.

3. Target groups
— Households

— Mass caterers and school canteens

— Doctors and nutritionists

4. Main messages

— Quality (safety, nutritional value and taste, preparation methods)

— Ease of use

— Enjoyment

— Variety of supply and availability throughout the year

— Balanced diet

— Traceability

5. Main channels

— Electronic (Internet sites)

— Telephone information lines

— PR contacts with the media and advertising (e.g. specialised journals, women’s press, culinary and trade press),

— Demonstrations at points of sale

— Contacts with doctors and nutritionists

— Other channels (leaflets and brochures featuring products and recipes)

— Visual media

— Participation in trade fairs

6. Duration of the programmes

Twelve to 36 months, giving priority to multiannual programmes that set objectives for each phase.

1. Overview of the situation

FIBRE FLAX

The liberalisation of international trade in textiles and clothing has brought Community flax into sharp competition
with flax from outside the Community offered at very attractive prices. It is also in competition with other fibres.
At the same time, consumption of fibre flax is tending to stagnate.

2. Goals

— To develop the image and reputation of Community flax and to capitalise on its distinctive qualities

— To increase consumption of this product

— To inform consumers about the characteristics of new products placed on the market

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3. Target groups

— Leading professionals in the sector (stylists, designers, makers, editors)

— Distributors

— Textiles, fashion and interior design educational establishments (teachers and students)

— Opinion leaders

— Consumers

4. Main messages

— The quality of the product comes from the conditions in which the raw material is produced, the use of suitable

varieties and the know-how brought to bear all along the production chain

— Community flax offers a wide range of products (clothing, decoration, household linen) and a wealth of

creativity and innovation

5. Main channels

— Electronic channels (Internet sites)

— Trade shows and fairs

— Information measures targeting users downstream (designers, makers, distributors, editors)

— Information at points of sale

— Relations with the specialist press

— Educational information measures in fashion colleges, textile engineering courses, etc.

6. Duration of the programmes

Twelve to 36 months, giving priority to multiannual programmes that set objectives for each phase.

LIVE PLANTS AND ORNAMENTAL HORTICULTURE PRODUCTS

1. Overview of the situation

The supply situation of
Community and products from third countries.

the sector is characterised by increasing competition between products from the

The evaluation studies of the promotion campaigns carried out between 1997 and 2000 suggest that, in order to
facilitate the sale of Community production within the Community, the whole chain from producer to distributor
needs to be better organised and rationalised, and consumers should be better informed about the intrinsic qualities
and varieties of Community products.

2. Goals

— To increase the consumption of flowers and plants of Community origin

— To encourage practices which benefit the environment and increase knowledge about environmentally friendly

production methods

— To strengthen the partnership between professionals from several Member States, allowing, among other things,
the most advanced knowledge in the sector to be shared, and to better inform all participants in the production
chain.

3. Target groups

— Producers, nurseries, distributors and other operators in the sector

— Students and schoolchildren

— Opinion multipliers: journalists, teachers

— Consumers

4. Main messages

— Information on the quality and variety of Community products

— Environmentally friendly production methods

— Techniques for producing more durable products

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— An optimum mix of varieties of plants and flowers

— The role of plants and flowers in well-being and quality of life

5. Main channels

— Media contacts

— Fairs and exhibitions: stands representing products of several Member States

— Training measures for professionals, consumers and students

— Actions for sharing knowledge about greater product durability

— Consumer information measures through the press, and also through initiatives such as catalogue publishing,

gardener’s calendars and possibly ‘plant of the month’ campaigns

— Increased use of electronic media (Internet, CD-ROM, etc.)

6. Duration of the programmes

Twelve to 36 months, giving priority to multiannual programmes presenting a strategy and properly justified
objectives for each phase.

1. Overview of the situation

OLIVE OIL AND TABLE OLIVES

While the supply of olive oil and table olives is on the increase, the outlets on the internal and international
markets are important to safeguard the Community market equilibrium. The situation at the level of demand for
these products varies widely between traditional consumer markets and those where they are a relatively new
phenomenon.

In the ‘traditional consumer’ Member States (Spain, Italy, Greece and Portugal), the products concerned are generally
well known and consumption is high. These are mature markets where the prospects for any overall increase in
demand are limited, but taking into account their current share of the consumption of olive oil they continue to be
of great interest to the sector.

In the ‘new consumer’ Member States, per capita consumption has progressed but is still substantially lower (in the
Community as constituted on 30 April 2004) or marginal (in the majority of the new Member States which joined
on 1 May 2004). Many consumers are not aware of the qualities or of the various uses of olive oil and table olives.
This is thus a market with scope for increasing demand.

2. Goals

— As a priority: to increase consumption in the ‘new consumer’ Member States by increasing market penetration,
and to increase consumption by diversifying the use of these products and by providing necessary information

— To consolidate and develop consumption in the ‘traditional consumer’ Member States by improving information
to consumers about lesser-known aspects and getting young people into the habit of buying the products

3. Target groups

— Persons responsible for purchases: in the case of ‘traditional consumer’ Member States mainly those between 20

and 40 years of age

— Opinion leaders (food critics, chefs, restaurants,

women’s, various lifestyle magazines)

journalists) and general and specialised press (gastronomy,

— Medical and paramedical press

— Distributors (in the ‘new consumer’ Member States)

4. Main messages

— The gastronomic qualities and organoleptic characteristics of virgin olive oil (flavour, colour, taste) have nuances
connected with the varieties, production areas, harvests, PDOs/PGIs, etc. This diversity offers a wide range of
culinary sensations and possibilities

— The different categories of olive oil

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— Olive oil, due to its nutritional qualities, is a major element in a healthy and balanced diet: it succeeds in

combining culinary pleasures with the requirements of a balanced and healthy diet

— Information on the rules concerning control, certification of quality and of labelling of olive oils

— Information on all olive oils and/or table olives registered as PDOs/PGIs throughout the Community

— Table olives constitute a healthy and natural product, adapted both for a user-friendly consumption and for the

preparation of elaborate dishes

— Varietal characteristics of table olives

More specifically in the ‘new consumer’ Member States:

— Olive oil, and in particular the extra virgin category, is a natural product, resulting from tradition and ancient
know-how, which is appropriate for a modern cooking style emphasising flavour; it can easily be associated
with both Mediterranean cuisine and with any contemporary cooking

— Advice concerning use

More specifically in the ‘traditional consumer’ Member States:

— the advantages of purchase of bottled olive oil (with labelling containing useful information to the consumer),

— modernisation of the image of a product with a long history and a major cultural dimension.

Without prejudice to Article 4(3), information on the nutritional qualities of olive oil and table olives must be
based on generally accepted scientific data and fulfil the requirements laid down in Directive 2000/13/EC of the
European Parliament and of the Council (1).

5. Main channels

— Internet and other electronic means (e.g. CD-ROM, DVD)

— Promotion at points of sale (tasting, recipes, information)

— Press relations and public relations (events, participation in consumer fairs, etc.)

— Publicity (or publicity editorials) in the press (general, women’s, gastronomy, lifestyle)

— Joint actions with the medical and paramedical profession (public relations in medical circles)

— Audiovisual media (TV and radio)

— Participation in trade fairs

6. Duration and scope of the programmes

Twelve to 36 months, giving priority to multiannual programmes, presenting for each phase a strategy and duly
justified objectives.

Priority will be given to programmes to be implemented in at least two ‘new consumer’ Member States.

In this sector, programmes concentrating on rapeseed oil or presenting the characteristics of different seed oils will be
given priority.

SEED OILS

A. RAPESEED OIL

1. Overview of the situation

Following the reform of the common agricultural policy, rapeseed production does not receive any specific
support and has to become market-oriented. With increased possibilities for production and as an alternative to
cereal crops, which are characterised by structural overproduction, promotion of rapeseed oil will contribute to
the balance in the arable crops market and the consumption of different vegetable oils in the Community. The
Community is currently a net exporter of rapeseed oil.

(1) OJ L 109, 6.5.2000, p. 29.

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During the past decades rape varieties with valuable nutritional characteristics have been developed. This has
resulted in improved quality. New products such as cold-pressed rapeseed oils with a particular nutty taste have
been developed.

The nutritional value of rapeseed oil has been the subject of worldwide research with results confirming the
the product. General practitioners, nutritionists and
beneficial dietary and physiological characteristics of
consumers should be informed about these latest research results.

2. Goals

— To improve awareness of the characteristics of rapeseed oil and recent developments

— To increase consumption by informing consumers and the medical and paramedical professions about the

use and nutritional value of rapeseed oil

3. Target groups

— Households, in particular persons responsible for purchases

— Opinion leaders (journalists, chefs, medical and nutritional professions)

— Distributors

— Medical and paramedical press

— Agri-food industry

4. Main messages

— The nutritional value of rapeseed oil makes it an important part of a balanced and healthy diet

— The beneficial fatty acids composition of rapeseed oil

— Advice for use

— Information on the evolution of the product and its varieties

Without prejudice to Article 4(3), information on the nutritional qualities of rapeseed oil must be based on
generally accepted scientific data and fulfil the requirements laid down in Directive 2000/13/EC.

5. Main channels

— Promotion at points of sale (tasting, recipes, information)

— Publicity (or publicity editorials) in the press (general, women’s, gastronomy, lifestyle)

— Public relations (events, participation in food fairs)

— Joint actions taken with the medical and paramedical profession

— Joint actions with restaurants, the catering business and chefs

— The Internet

6. Duration of the programmes

Twelve to 36 months.

B. SUNFLOWER OIL

Programmes for sunflower oil will be given priority only if and when justified by market conditions.

1. Overview of the situation

Over 2 million ha in the Community are used to grow sunflowers, and production of sunflower seeds exceeds
3,5 million tonnes per year. Sunflower oil consumed in the Community has mainly been produced from seeds
grown in the Community. However, the decline in crushing will reduce EU sunflower oil production during the
2004/2005 marketing year. As world prices are on the increase and shortages of supply are possible, priority is
not given to programmes concentrating on sunflower oil alone. It can, nevertheless, be included in programmes
covering different seed oils of Community origin.

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Sunflower oil as a product has particular advantages for certain uses such as frying. It is also high in unsaturated
fatty acids and rich in vitamin E. The purpose of campaigns is to inform consumers and traders/distributors
about the different uses, types and characteristics of sunflower oil, and about the Community legislation
concerning its quality. The campaigns should be designed so as to give objective information.

2. Goals

To inform consumers and the trade operators about the following:

— different uses of sunflower oil, its characteristics and nutritional value,

— legislation and standards governing quality rules on labelling.

3. Target groups

— Households, in particular persons responsible for purchases

— Opinion leaders (journalists, chefs, medical and nutritional professions)

— Distributors

— Agri-food industry

4. Main messages

The main messages of the programmes should provide information on the following:

— benefits of the appropriate use of sunflower oil. For example, oil produced from sunflower seeds has a
higher vitamin E content than other vegetable oils. Sunflower oil is well known for its light taste and frying
performance,

— legislation and standards governing the quality of sunflower oil,

— fatty acids composition and nutritional value of sunflower oil,

— results of scientific research and technical development of sunflower oil and other vegetable oils.

Without prejudice to Article 4(3), information on the nutritional qualities of sunflower oil must be based on
generally accepted scientific data and fulfil the requirements laid down in Directive 2000/13/EC.

5. Main channels

— Distribution of information materials at points of sale (POS and to the trade)

— Publicity (or publicity editorials) in the press (general, women’s, gastronomy, lifestyle)

— Public relations (events, participation in food fairs)

— The Internet

6. Duration of the programmes

Twelve to 36 months.

1. Overview of the situation

MILK AND MILK PRODUCTS

There has been a drop in the consumption of liquid milk, particularly in the major consumer countries, mainly due
to the competition from soft drinks targeted at young people. Various milk substitutes are gradually replacing the
consumption of liquid milk. By contrast, there is an overall increase in the consumption of milk products expressed
in milk equivalent.

2. Goals

— To increase liquid milk consumption in markets where potential

for growth exists and to maintain

consumption levels in saturated markets

— To increase the consumption of milk products in general

— To encourage consumption of milk and milk products by young people as future adult consumers

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3. Target groups

Consumers in general, focusing in particular on:

— children and adolescents, especially girls aged 8 to 13,

— women of different age groups,

— elderly people.

4. Main messages

— Milk and milk products are healthy and natural, suited to modern living and enjoyable

— Milk and milk products have specific nutritional value beneficial in particular for certain age groups

— Messages must be positive and take account of the specific nature of consumption on the different markets

— There is a large variety of milk products suitable for different consumers in different consumption situations

— Low-fat choices of milk and milk products are available and are more appropriate for certain consumers

— The continuity of the main messages must be ensured during the entire programme in order to convince

consumers of the benefits of regular consumption of milk and milk products

Without prejudice to Article 4(3), information on the nutritional qualities of milk and milk products must be based
on generally accepted scientific data and fulfil the requirements laid down in Directive 2000/13/EC.

5. Main channels

— Electronic channels

— Telephone helplines

— Contacts with the media and advertising (e.g. specialised journals, women’s press, the youth press)

— Contacts with doctors and nutritionists

— Contacts with teachers and schools

— Other channels (leaflets and brochures, children’s games, etc.)

— Demonstrations at points of sale

— Visual media (cinema, specialised TV channels)

— Radio spots

— Participation in exhibitions and fairs

6. Duration and scope of the programmes

Twelve to 36 months, giving priority to multiannual programmes that set objectives for each phase.

FRESH, CHILLED OR FROZEN MEAT, PRODUCED IN ACCORDANCE WITH A COMMUNITY OR NATIONAL
QUALITY SCHEME

1. Overview of the situation

Health problems which have affected many livestock products have highlighted the need to strengthen consumer
confidence in Community meat products.

This involves providing objective information on Community and national quality systems and controls that they
require in addition to the general
legislation on controls and food safety. These rules and controls form an
additional guarantee by providing product specifications and additional control structures.

2. Goals

— Information campaigns are limited to products produced under the Community quality schemes (PDO/PGI/TSG
and organic farming) and under quality schemes recognised by the Member States and fulfilling the criteria
defined in Article 32 of Regulation (EC) No 1698/2005. Without prejudice to Article 15(2) of this Regulation,
information campaigns funded under this Regulation cannot be funded under Regulation (EC) No 1698/2005
as well.

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— Their aim is to ensure objective and exhaustive information on the rules of Community and national quality
schemes for meat products. They should inform consumers, opinion leaders and distributors of the product
specifications and effective controls required under these quality systems.

3. Target groups

— Consumers and their associations

— Persons responsible for household purchases

— Institutions (restaurants, hospitals, schools, etc.)

— Distributors and their associations

— Press and opinion leaders

4. Main messages

— Quality schemes guarantee a specific production method and controls which are stricter than those required by

legislation

— Quality meat products have specific characteristics or a quality which is superior to usual commercial standards

— Community and national quality regimes are transparent and ensure complete traceability of products

— The labelling of meats allows the consumer to identify quality products, their origin and their characteristics

5. Main channels
— The Internet

— Public relations with the media and advertising (scientific and specialised press, women’s and culinary journals,

newspapers)

— Contacts with consumer associations

— Audiovisual media

— Written documents (leaflets, brochures, etc.)

— Information at points of sale

6. Duration and scope of the programmes

The programmes should have at least national coverage or cover several Member States.

Twelve to 36 months, giving priority to multiannual programmes that set justified targets for each phase.

1. Overview of the situation

MARKING OF EGGS FOR HUMAN CONSUMPTION

In accordance with Article 4(1) of Council Regulation (EC) No 1028/2006 (1), a code identifying the producer and
the system employed to rear the laying hens is stamped on the shell of all eggs intended for human consumption.
This code is composed of a number identifying the farming method (0 = organic, 1 = free range, 2 = barn, 3 =
cage), the ISO code of the Member State where the production centre is located and a number allocated to the
production centre by the relevant authority.

2. Goals

— To inform the consumer of the new standards for marking eggs and fully explain the meaning of the code

printed on eggs

— To provide information on egg-production systems by means of the code printed on eggs

— To provide information about existing traceability systems

3. Target groups

— Consumers and distributors

— Opinion leaders

(1) OJ L 186, 7.7.2006, p. 1.

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4. Main messages

— To publicise and explain the new code printed on eggs

in compliance with Commission Directive

2002/4/EC (1), and the characteristics of the different categories of eggs to which this code refers

— The messages should not express preference for one production method over another and not include claims
concerning the nutritional value and health impacts of the consumption of eggs. There should be no discri-
mination between eggs originating from different Member States

5. Main channels

— Electronic channel (website, etc.)

— Printed material (brochures, leaflets, etc.)

— Information at points of sale

— Advertising in the press and in food magazines, women’s magazines, etc.

— Relations with the media

6. Duration of the programme

Twelve to 24 months.

1. Overview of the situation

HONEY AND BEEKEEPING PRODUCTS

The Community quality honey and beekeeping products sector, which receives very little Community support, faces
increasing global competition. The fact that production costs are high in the Community makes the situation even
more difficult.

Since 2001 the sector has been subject to Council Directive 2001/110/EC (2) introducing labelling which links
quality and origin. Supported programmes must concentrate on Community honeys and beekeeping products with
complementary indications concerning the regional, territorial or topographical origin, or quality labels certified
either by the Community (PDO, PGI, TSG or organic) or by a Member State.

2. Goals

— Inform consumers about the diversity, organoleptic qualities and the conditions of production of Community

beekeeping products

— Inform consumers about the qualities of non-filtered and non-pasteurised Community honeys

— Help consumers understand the labelling of Community honey and encourage producers to develop clear

labelling

— Orient consumption of honey towards quality products by drawing attention to their traceability

3. Target groups

— Consumers, particularly those in the 20-40 age group

— Elderly people and children

— Opinion leaders

4. Main messages

— Information on the Community legislation on food safety, hygiene in production, quality certification and

labelling

— Honey is a natural product based on tradition and established know-how, which has various uses in a

contemporary cuisine

— The great diversity of honeys of different geographical and botanical origins and of different seasons

— Advice on use and nutritional value

— Safeguarding pollination is essential to the maintenance of biodiversity

(1) OJ L 30, 31.1.2002, p. 44.
(2) OJ L 10, 12.1.2002, p. 47.

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5. Main channels

— Advertisements in the general and specialised press (gastronomy, lifestyle)

— Internet, cinema, and other audiovisual media (TV, radio)

— Points of sale

— Participation in exhibitions and fairs

— Public relations for the general public, organisation of events for actions in restaurants and the catering industry

— Information in colleges (presentations for teachers and students at hotel and catering colleges)

6. Duration and scope of the programmes

Twelve to 36 months, giving priority to multiannual programmes presenting a strategy and properly justified
objectives for each phase.

QUALITY WINES PSR, TABLE WINES WITH A GEOGRAPHICAL INDICATION

1. Overview of the situation

Wine production is ample while consumption is static or even in decline for certain types of wine, while supply
from third countries is on the increase.

2. Goals

— To increase the consumption of Community wines

— To inform consumers about the variety, quality and production conditions of Community wines and the results

of scientific studies

3. Target groups
— Distributors

— Consumers, excluding young people and adolescents referred to in Council Recommendation 2001/458/EC (1)

— Opinion leaders: journalists, gastronomic experts

— Educational establishments in the hotel and catering sector

4. Main messages

— Community legislation strictly regulates production, quality indications,
teeing for consumers the quality and traceability of the wine on offer

labelling and marketing, so guaran-

— The attraction of being able to choose from a very wide selection of Community wines of different origins

— Information on Community wine cultivation and its links with regional and local conditions, customs and

tastes

5. Main channels

— Information and public relations measures

— Training for distributors and caterers

— Contacts with the specialised press

— Other channels (Internet site, leaflets and brochures) to guide consumers in their choice and to develop ideas for

consumption at family events and festive occasions

— Fairs and exhibitions: stands presenting products of several Member States

6. Duration of the programmes

Twelve to 36 months, giving priority to multiannual programmes that set objectives for each phase.

(1) OJ L 161, 16.6.2001, p. 38.

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PRODUCTS WITH A PROTECTED DESIGNATION OF ORIGIN (PDO), A PROTECTED GEOGRAPHICAL INDI-
CATION (PGI) OR TRADITIONAL SPECIALITY GUARANTEED (TSG)

1. Overview of the situation

The Community system for protecting product names provided for in Regulations (EC) No 509/2006 and (EC) No
510/2006 is a priority in the implementation of the quality strand of the common agricultural policy. It is
therefore necessary to continue previous efforts to run campaigns by which the denominations and the
products bearing the protected names are made known to all potential actors in the chain of production,
preparation, marketing and consumption of these products.

2. Goals

Information and promotion campaigns should not focus on one or only a very limited number of product names,
but rather on groups of names either of certain product categories or of products produced in one or several
regions in one or several Member States.

The objectives of these campaigns should be to:

— provide comprehensive information on the content, the operation and the Community nature of the schemes
and, in particular, on their effects on the commercial value of the products with protected names which after
registration benefit from the protection granted by these schemes,

— enhance knowledge of the Community logos for PDO/PGI and TSG products among consumers, distributors

and food professionals,

— encourage producer/processor groups not yet taking part in these schemes to register the names of products

which satisfy the basic requirements,

— encourage producers/processors in the regions concerned but not yet taking part in the schemes to participate
in the production of the products bearing the registered names by conforming to the approved specifications
and inspection requirements laid down for the various protected names,

— stimulate demand for the products concerned by informing consumers and distributors of the existence,
the

the criteria for awarding designations,

the logos,

significance and benefits of
relevant checks and controls, and the traceability system.

the schemes, and of

3. Target groups

— Producers and processors

— Distributors (supermarkets, wholesalers, retailers, caterers, canteens, restaurants)

— Consumers and consumer associations

— Opinion multipliers

4. Main messages

— The products bearing the protected names have specific characteristics associated with their geographical origin;
in the case of products with a PDO, the quality or characteristics of the products are essentially or exclusively
linked to the particular geographical environment (with its inherent natural and human factors). In the case of
products with a PGI, the products possess a specific quality or reputation which can be attributed to the
geographical origin; the geographical link must occur in at least one of the stages of production, processing or
preparation

— The products with a TSG have specific characteristics associated with their particular traditional methods of

production or with the use of traditional raw materials

— The Community logos for PDO, PGI and TSG are symbols that are understood throughout the Community as
designating products meeting specific conditions of production linked to their geographical origin or to their
tradition and subject to inspection

— Other quality aspects (safety, nutritional value, taste, traceability) of the products concerned

— The presentation of some PDO, PGI or TSG products as examples for the potential of successful commercial

enhancement of products whose names are registered under the protection schemes

— These protection schemes support the Community’s cultural heritage, support the diversity of agricultural

production and the maintenance of the countryside

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5. Main channels

— Electronic (Internet sites)

— PR contacts with the media (specialised, women’s and culinary press)

— Contacts with consumer associations

— Point of sale information and demonstrations

— Audiovisual media (specific TV spots, etc.)

— Written documents (leaflets, brochures, etc.)

— Participation at trade fairs and shows

— Information and training seminars/actions on the functioning of the Community schemes for PDOs, PGIs and

TSGs

6. Duration of the programmes

Twelve to 36 months. Priority will be given to multiannual programmes with clearly defined objectives and strategy
for each phase.

INFORMATION ON THE GRAPHIC SYMBOL FOR THE OUTERMOST REGIONS

1. Overview of the situation

This guideline refers to the outermost regions of the Community as defined in Article 299(2) of the Treaty. The
outside evaluation study shows that the Community’s 1998/1999 information campaign on the graphic symbol
(logo) for the outermost regions was received with a great deal of interest on the part of those operating in the
sector.

As a result, some producers and processors sought approval for their quality products, so that they could use the
logo.

In view of the short run of this first campaign, it is appropriate to continue improving the various target-groups’
awareness of the logo by continuing the measures to inform them about its meaning and benefits.

2. Goals

— To publicise the existence, meaning and benefits of the logo

— To encourage producers and processors in the regions concerned to use the logo

— To improve awareness of the logo among distributors and consumers

3. Target groups

— Local producers and processors

— Distributors and consumers

— Opinion multipliers

4. Main messages

— The product is typical and natural

— It originates in a Community region

— Quality (safety, nutritional value and taste, production method, link with origin)

— The product’s exotic nature

— Variety of the supply, including out of season

— Traceability

5. Main channels

— Electronic channels (Internet site, etc.)

— Telephone helplines

— PR contacts with the media (specialised, women’s and culinary press)

— Demonstrations at points of sale, fairs and shows, etc.

— Contacts with doctors and nutritionists

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— Other channels (leaflets, brochures, recipes, etc.)

— Audiovisual media

— Publicity in the specialised and local press.

6. Duration of the programmes

Twelve to 36 months.

1. Overview of the situation

ORGANIC FARMING PRODUCTS

The consumption of organic farming products is particularly popular among urban populations, but the market
share of these products is still fairly limited.

The level of awareness among consumers and other interested groups about the characteristics of organic farming
production methods is increasing but is still inadequate.

In the Community Action Plan for Organic Food and Farming (1),
considered a key instrument in further developing the demand for organic food.

information and promotion actions are

2. Goals

Information and promotion campaigns should not focus on one or a few selected products, but rather on groups
of products or on the organic farming system as applied in one or more regions in one or more Member States.

The objectives of these campaigns should be to:

— encourage the consumption of organic farming products,

— enhance consumer awareness of the labelling, including the Community logo for organic products,

— provide comprehensive information and broaden awareness of the benefits of organic farming, in particular
with regard to environmental protection, animal welfare, maintenance of the countryside and development in
rural areas,

— provide comprehensive information on the content and the functioning of the Community rules on organic

farming,

— encourage individual producers, processors and producer/processor/retailer groups not yet taking part in organic
farming to convert to this production method; encourage retailers, retailer groups and restaurants to sell organic
products.

3. Target groups

— Consumers in general, consumer associations and specific subgroups of consumers

— Opinion multipliers

— Distributors (supermarkets, wholesalers, specialised retailers, caterers, canteens, restaurants)

— Teachers and schools

4. Main messages

— Organic products are natural, suited to modern daily living and a pleasure to consume; they result from
production methods that particularly respect the environment and animal welfare; organic farming supports
the diversity of agricultural production as well as the maintenance of the countryside

— The products are subject to stringent production and inspection rules, including full traceability to ensure that

products originate from farms under an organic inspection system

— Use of the words ‘organic’, ‘ecological’ and ‘biological’ and their equivalents in other languages with respect to
for organic products which is
food products is protected by law. The Community logo is the symbol
understood throughout
the products meet strict Community
production criteria and have undergone stringent checks. Information on the Community logo may be supple-
mented with information on the logos introduced in the Member States

the Community and which indicates that

— Other quality aspects (safety, nutritional value, taste) of the products concerned can be underlined

(1) COM(2004) 415 final.

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5. Main channels

— Electronic (Internet sites)

— Telephone helplines

— PR contacts with the media (specialised journalists, women’s press, culinary press, food industry press)

— Contacts with consumer associations

— Information at points of sale

— Actions in schools

— Audiovisual media (in particular specific TV spots)

— Written documents (leaflets, brochures, etc.)

— Participation at trade fairs and shows

— Information and training seminars/actions on the functioning of the arrangements for organic food and farming

6. Duration of the programmes

Twelve to 36 months. Priority will be given to multiannual programmes with clearly defined objectives and strategy
for each phase.

1. Overview of the situation

POULTRYMEAT

The crisis of consumer confidence in poultrymeat resulting from the reports on avian influenza in the media has
resulted in a substantial fall in consumption. Consumer confidence in poultrymeat of Community origin should
therefore be strengthened.

To achieve this, objective information on Community production systems (marketing standards) and the controls
required should be provided in addition to the general legislation on controls and food safety.

2. Goals

— The information and promotion campaigns are restricted to products from the EU.

— The aim is to:

— ensure that objective and complete information is provided on the rules for the Community and national
production systems for the safety of poultrymeat products; in particular consumers must be provided with
complete and precise information on marketing standards,

— inform consumers of the diversity and organoleptic and nutritional properties of poultrymeat,

— draw consumers’ attention to traceability.

3. Target groups

— Consumers and consumer associations

— The person responsible for shopping in the household

— Institutions (restaurants, hospitals, schools, etc.)

— Distributors and distributors’ associations

— Journalists and opinion leaders

4. Main messages

— Poultrymeat marketed on the territory of the EU is governed by Community rules covering the entire chain of

production, slaughter and consumption

— Safety measures are in place, including controls

— General health advice on the handling of food products of animal origin

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5. Main channels
— The Internet

— PR contacts with the media and advertising (scientific and specialised press, women’s press, newspapers and

food and cookery magazines)

— Contacts with consumer associations

— Audiovisual communication

— Written documentation (folders, brochures, etc.)

— Point-of-sale information

6. Duration and extent of the programmes

The programmes must provide national coverage at least or relate to more than one Member State.

From 12 to 24 months, with a preference for multiannual programmes with targets laid down for each stage.

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ANNEX II

THIRD COUNTRIES

A. LIST OF PRODUCTS WHICH MAY BE COVERED BY PROMOTIONAL MEASURES

— Fresh, chilled and frozen beef, veal and pigmeat; food preparations based on these products

— Quality poultrymeat

— Milk products

— Olive oil and table olives

— Table wines with a geographical indication. Quality wines produced in a specified region (psr)

— Spirit drinks with a geographical or reserved traditional indication

— Fresh and processed fruit and vegetables

— Products processed from cereals and rice

— Fibre flax

— Live plants and ornamental horticulture products

— Protected designation(s) of origin (PDO), protected geographical

indication(s) (PGI) or traditional speciality(ies)

guaranteed (TSG) in accordance with Council Regulations (EC) Nos 509/2006 or 510/2006

— Organic farming products in accordance with Council Regulation (EEC) No 2092/91

B. LIST OF THIRD COUNTRY MARKETS IN WHICH PROMOTIONAL MEASURES MAY BE CARRIED OUT

A. Countries

— South Africa

— Former Yugoslav Republic of Macedonia

— Australia

— Bosnia and Herzegovina

— China

— South Korea

— Croatia

— India

— Japan

— Kosovo

— Montenegro

— Norway

— New Zealand

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— Russia

— Serbia

— Switzerland

— Turkey

— Ukraine

B. Geographical areas

— North Africa

— North America

— Latin America

— South-east Asia

— Middle East

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ANNEX III

Indicative annual budgets for the various sectors provided for in Article 6

1. Fresh fruit and vegetables: EUR 10 million

2. Processed fruit and vegetables: EUR 2 million

3. Fibre flax: EUR 1 million

4. Live plants and products of ornamental horticulture: EUR 3 million

5. Olive oil and table olives: EUR 7 million (of which a minimum of EUR 3 million for third countries)

6. Seed oils: EUR 2 million

7. Milk and milk products: EUR 4 million

8. Fresh, chilled or frozen meat, produced in accordance with a Community or national quality scheme: EUR 4 million

9. Marking of eggs: EUR 2 million

10. Honey and beekeeping products: EUR 1 million

11. Quality wines psr, table wines with a geographical indication: EUR 3 million

12. Products with a protected designation of origin (PDO), a protected geographical

indication (PGI) or traditional

speciality guaranteed (TSG): EUR 3 million

13. Information on the graphic symbol for the outermost regions: EUR 1 million

14. Organic farming products: EUR 3 million

15. Poultrymeat: p.m.

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ANNEX IV

Correlation table

Regulation (EC) No 1071/2005
(internal market)

Regulation (EC) No 501/2008
(single Commission Regulation)

Regulation (EC) No 1346/2005
(third countries)

Article 1

Article 2

Article 3

Article 4

—

Article 5

—

Article 7(2)(b)

—

Article 1

Article 2

Article 3

Article 4

Article 5

Article 6(1)

Article 6(2)

Article 6(3) in part

Article 7

Article
Article 7(3)

7(1)(2)(a)

and

(c),

and

Article 8

Article 7(2) except for points (a) and
(c), and Article 7(4)

Article 9

—

Article 8

Article 9(1)

Article 9(2) and (3)

Article 10(1), (2) and (3)

Articles 6 and 10(4)

Article 11

Article 12

Article 13

Article 14

Article 15

Article 16

Article 17

Article 18

Article 19

Article 20

Article 21

Article 22

Article 23

Article 25

Article 10

Article 11

Article 12

Article 13

Article 14

Article 15

Article 16

Article 17

Article 18

Article 19

Article 20

Article 21

Article 22

Article 23

Article 24

Article 25

Article 26

Article 27

Article 28

Article 29

Article 1

Article 2

Article 3

—

Article 4

—

Article 5

—

Article 6 and second subparagraph of
Article 10(3)

Article 7(1), second subparagraph of
Article 7(2), and Article 7(3)

Article 7(2) except for first subpara-
graph, and Article 7(4) and (5)

Article 8

Article 9

Article 10(1)

Article 10(2) and first subparagraph of
Article 10(3)

Article 11

—

Article 12

Article 13

Article 14

Article 15

Article 16

Article 17

Article 18

Article 19

Article 20

Article 21

Article 22

Article 23

Article 24

Article 26