Council Regulation (EC) No 153/2009 of 19 February 2009 amending Regulation (EC) No 3/2008 on information provision and promotion measures for agricultural products on the internal market and in third countries
Date: 2009-02-19
Institutions: Council of the European Union
Subjects: EU financing, action programme, agricultural product, consumer information, domestic market, sales promotion, third country

24.2.2009

EN

Official Journal of the European Union

L 51/1

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

I

REGULATIONS

COUNCIL REGULATION (EC) No 153/2009

of 19 February 2009

amending Regulation (EC) No 3/2008 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,

plementing those programmes, notably in the case of
promotion programmes for the olive oil and table olive
sector in third countries.

(4)

Regulation (EC) No 3/2008 should therefore be amended
accordingly,

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

HAS ADOPTED THIS REGULATION:

Whereas:

(1)

(2)

the single legal

For the stakeholders of promotion policy for agricultural
products,
framework established by
Council Regulation (EC) No 3/2008 (2) has facilitated
access to and participation in the scheme. The adminis­
trative procedures involved in implementing this policy
have been significantly reduced and simplified through
the application of this single legal framework.

Regulation (EC) No 3/2008 provides that in the case of
absence of programmes to be carried out on the internal
market, the Member States concerned have the possibility
to draw up a programme. Where proposing organi-
to be
sations do not wish to submit programmes
carried out in third countries for one or more of the
information measures referred to in that Regulation, the
Member States concerned should be allowed to draw up
a relevant programme.

Article 1

Amendment

Article 9 of Regulation (EC) No 3/2008 is hereby replaced by
the following:

‘Article 9

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

1.
In the absence of programmes to be carried out on the
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 Member State concerned shall draw up, on
the guidelines referred to in Article 5(1), a
the basis of
programme and its specification and shall select through a
public call
the
tenders
programme it undertakes to co-finance.

the implementing body for

for

(3)

In particular, the possibility should be offered to the
Member States concerned to broaden the scope of the
actions to be covered by those programmes including by
seeking the help of international organisations when im­

(1) Opinion of 5 February 2009 (not yet published in the Official

Journal).

(2) OJ L 3, 5.1.2008, p. 1.

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

L 51/2

EN

Official Journal of the European Union

24.2.2009

the programme eventually
The implementing body for
selected by the Member State(s) concerned may be an inter­
in particular when the programme
national organisation,
regards the promotion of
the olive oil and table olive
sector in third countries.

(d) the choice of the implementing body for the programme.

For the purposes of the Commission’s examination of

4.
the programmes, Article 7(2) and Article 8(1) shall apply.

3.
The Member State(s) shall submit to the Commission
the programme selected in accordance with paragraphs 1 and
2, accompanied by a reasoned opinion including:

(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;

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

the Commission may set

In accordance with the procedure referred to in
5.
Article 16(2),
lower or higher
limits to the actual costs of the programmes submitted in
line with paragraph 3 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 2

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, 19 February 2009.

For the Council
The President
M. ŘÍMAN