Council Regulation (EC) No 2060/2004 of 22 November 2004 amending Regulation (EC) No 2702/1999 on measures to provide information on, and to promote, agricultural products in third countries and Regulation (EC) No 2826/2000 on information and promotion actions for agricultural products on the internal market

2.12.2004 EN Official Journal of the European Union L 357/3
COUNCIL REGULATION (EC) No 2060/2004
of 22 November 2004
amending Regulation (EC) No 2702/1999 on measures to provide information on, and to promote, agricultural products in third countries and Regulation (EC) No 2826/2000 on information and promotion actions for agricultural products on the internal market
THE COUNCIL OF THE EUROPEAN UNION
,
Having regard to the Treaty establishing the European Community, and in particular Articles 36 and 37 thereof,
Having regard to the proposal from the Commission,
Having regard to the opinion of the European Parliament (1),
Having regard to the opinion of the European Economic and Social Committee (2),
Having regard to the opinion of the Committee of the Regions,
Whereas:
(1) In the light of experience gained with the implementation of Regulations (EC) No 2702/1999 (3) and No 2826/2000 (4), analysed in the report presented by the Commission to the European Parliament and the Council in April 2004, it is appropriate to revise certain provisions of those Regulations.
(2) Harmonisation of the provisions concerning the submission and selection of proposals, the monitoring of the programmes as well as consultation and technical assistance, applied in the context of Regulations (EC) No 2702/1999 and No 2826/2000, should lead to simplified management of the two regimes; in particular, proposing organisations should be given the possibility of implementing certain parts of the programmes themselves and selecting implementation bodies at a later stage in the procedure.
(3) Fragmentation of financing into small and ineffective programmes should be avoided and a balanced distribution of the available budgetary resources should be ensured, by providing minimum and maximum effective cost limits for programmes submitted.
(4) The possibility of the Commission initiating promotion and information measures in third countries should be extended in cases where such measures have a Community-wide interest or no appropriate measures have been submitted by professional or interprofessional organisations. The Commission should also be given the possibility of initiating, on the internal market, information measures related to Community regimes concerning the quality and labelling of agricultural products and foodstuffs.
(5) In the light of experience gained with the implementation of the degressive contribution from 60 to 40 % in cases of multiannual programmes, the provisions concerning the Community contribution to such programmes should be simplified, while maintaining the level of the Community contribution at 50 % of the effective cost of each programme.
(6) The share of the contribution of the Member State(s) and the proposing organisation(s) should be made more flexible, leaving however a minimum share of compulsory financing to be borne by the proposing organisation.
(7) It is highly important that the materials which are used in information and promotion campaigns are checked as regards their conformity with Community legislation. It is therefore necessary to clarify the existing monitoring obligations of Member States in that respect.
(8) The contributions of the Member State(s) to programmes are made in the context of a specific procedure. Member States should therefore be exempted from the obligation to notify such national contributions as state aid in order to simplify the administrative proceedings concerned, as these contributions should not be considered as state aid within the meaning of Articles 87, 88 and 89 of the Treaty.
(9) Ad hoc working groups of representatives from Member States and/or experts with particular expertise in promotion and publicity matters can usefully advise the Commission in developing the strategy and the implementation measures for the regime. The possibility for consulting such groups should therefore be provided for.
(10) Regulation (EC) No 2702/1999 should continue to apply after 31 December 2004.
(11) In order to permit the necessary adaptations for implementing the proposed measures, this Regulation should apply from 1 January 2005.
(12) Regulations (EC) No 2702/1999 and (EC) No 2826/2000 should therefore be amended accordingly,