REPORT FROM THE COMMISSION TO THE EUROPEAN PARLIAMENT AND THE COUNCIL On the exercise of the power to adopt delegated acts conferred on the Commission pursuant to Regulation (EU) No 1144/2014 of the European Parliament and of the Council of 22 October 2014 on information provision and promotion measures concerning agricultural products implemented in the internal market and in third countries and repealing Council Regulation (EC) No 3/2008
Date: 2019-09-27
Institutions: Directorate-General for Agriculture and Rural Development, European Commission
Subjects: agricultural product, consumer information, delegated legislation, dissemination of information, domestic trade, international trade, powers of the institutions (EU), public awareness campaign, sales promotion, single market

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   EUROPEAN COMMISSION  Brussels, 27.9.2019  COM(2019) 437 final  REPORT FROM THE COMMISSION TO THE EUROPEAN PARLIAMENT AND THE COUNCIL On the exercise of the power to adopt delegated acts conferred on the Commission pursuant to Regulation (EU) No 1144/2014 of the European Parliament and of the Council of 22 October 2014 on information provision and promotion measures concerning agricultural products implemented in the internal market and in third countries and repealing Council Regulation (EC) No 3/2008  
 
 
REGULATION  (EU) NO  1144/2014  OF  THE EUROPEAN  PARLIAMENT  AND  OF  THE COUNCIL  ON 
INFORMATION  PROVISION  AND  PROMOTION  MEASURES  CONCERNING  AGRICULTURAL 

PRODUCTS  IMPLEMENTED  IN  THE  INTERNAL  MARKET  AND  IN  THIRD  COUNTRIES  AND 
REPEALING COUNCIL REGULATION (EC) NO 3/2008 

1.1.  Introduction 
Regulation  (EU)  No  1144/2014  of  the  European  Parliament  and  of  the  Council1  lays  down  the 
conditions  under  which  information  provision  and  promotion  measures  concerning  agricultural 
products  and  certain  food  products  based  on  agricultural  products  implemented  in  the  internal 
market or in third countries may be fully or partially financed from the Union budget. 

Article 5(2) empowers the Commission to adopt delegated acts supplementing the list of products 
in Annex I by adding food products in order to take account of market developments. 

Article 7(2) empowers the Commission to adopt delegated acts setting out the specific conditions 
under which each of the proposing organisations, groups and bodies may submit a programme. 
Those  conditions  shall,  in  particular,  guarantee  that  those  organisations,  groups  and  bodies  are 
representative and that the programme is on a significant scale. 

 Article  11(1)  empowers  the  Commission  to  adopt  delegated  acts  laying  down  the  specific 
conditions for eligibility with regard to simple programmes. 

Article  13(1)  empowers  the  Commission  to  adopt  delegated  acts  setting  out  the  conditions 
governing the competitive procedure for the selection of the implementing bodies. 

Article  15(8)  empowers  the  Commission  to  adopt  delegated  acts  concerning  the  specific 
conditions  under  which  costs  of  information  provision  and  promotion  measures,  and,  where 
necessary, administrative and staff costs, are eligible for Union funding. 

Article  29(2)  empowers  the  Commission  to  adopt  delegated  acts  in  order  to  ensure  a  smooth 
transition  between  the  application  of  Regulation  (EC)  No  3/2008  and  Regulation  (EU)  No 
1144/2014. 

1.2.  Legal Basis 

The  report  is  required  under  Article  22(2).  The  power  to  adopt  delegated  acts  referred  to  in 
Articles  5(2),  7(2),  11(1),  13(1),  15(8),  and  29(2)  shall  be  conferred  on  the  Commission  for  a 
period of five years from 24 November 2014. The Commission shall draw up a report in respect 
of the delegation of power no later than nine months before the end of the five-year period. The 
delegation of power is tacitly extended for periods of an identical duration, unless the European 

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Regulation  (EU)  No  1144/2014  of  the  European  Parliament  and  of  the  Council  of  22  October  2014  on 
information  provision  and  promotion  measures  concerning  agricultural  products  implemented  in  the  internal 
market and in third countries and repealing Council Regulation (EC) No 3/2008, OJ L 317, 4.11.2014, p. 56 

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Parliament or the Council opposes such extension not later than three months before the end of 
each period. 

1.3.  Exercise of Delegation 

The  Commission  has  adopted  one  delegated  act  on  the  basis  of  Articles  7(2),  11(1),  13(1)  and 
15(8):  Commission  Delegated  Regulation  (EU)  2015/18292.  This  delegated  act  lays  out  the 
conditions  for  the  proposal  of  simple  and  multi  programmes  by  proposing  organisations, 
including  the  requirement  that  said  organisations  are  representative  of  the  sector  or  product 
concerned. Significant scale of the simple programmes is required for the eligibility of a simple 
programme  and  further  specified.    It  also  specifies  the  criteria  for  the  selection  of  bodies  to 
implement simple programmes and defines the eligible costs. 
In  line  with  the  common  understanding  on  delegated  acts3,  Member  States’  experts  were 
consulted  in  the  Expert  Group  for  horizontal  questions  concerning  the  CAP  –  subgroup 
simplification. The Commission adopted Delegated Regulation (EU) 2015/1829 on 13 April 2015 
and  the  Regulation  was  notified  to  the  European  Parliament  and  the  Council.  Neither  the 
European Parliament nor the Council issued any objection to the Delegated Regulation. After the 
expiry  of  the  two-month  period,  the  Commission  Delegated  Regulation  (EU)  2015/1829  was 
published in the Official Journal of the European Union L 266 of 13 October 2015 and entered 
into force on 20 October 2015. 

The empowerments of Articles 5(2) and 29(2) have not been used, because the Commission did 
not  identify  any  need  for  adding  food  products  to  the  list  of  products  of  Annex  I,  neither  to 
provide for transitional rules between the old and the new Regulation. 

The  Commission  does  not  intend  to  use  the  empowerments  in  the  near  future,  but  it  cannot  be 
excluded that it will become necessary.  

1.4.  Conclusions 

The  Commission  has  exercised  its  delegated  powers  correctly.  It  cannot  be  excluded  that  the 
empowerments will be needed in future. 

The Commission invites the European Parliament and the Council to take note of this Report. 

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Commission  Delegated  Regulation  (EU)  2015/1829  of  23  April  2015  supplementing  Regulation  (EU)  No 
1144/2014 of the European Parliament and of the Council on information provision and promotion measures 
concerning  agricultural  products  implemented  in  the  internal  market  and  in  third  countries,  OJ  L  266, 
13.10.2015, p. 3 

3   Common Understanding on delegated acts from 2011 (not published). 

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