19.10.2004 EN Official Journal of the European Union L 318/4
COMMISSION REGULATION (EC) No 1803/2004
of 15 October 2004
amending Regulation (EC) No 94/2002 laying down detailed rules for applying Council Regulation (EC) No 2826/2000 on information and promotion actions for agricultural products on the internal market
THE COMMISSION OF THE EUROPEAN COMMUNITIES
,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EC) No 2826/2000 of 19 December 2000 on information and promotion actions for agricultural products on the internal market (1), and in particular Article 12 thereof,
Whereas:
(1) Practical experience has shown that it is necessary to improve further the implementation of the information and promotion regime for the internal market as provided for in Commission Regulation (EC) No 94/2002 (2).
(2) Annex II to Regulation (EC) No 94/2002 provides for the list of the competent national authorities for the application of that Regulation. It is necessary to provide for a more flexible way of listing the competent authority or authorities designated by each Member State and contact details related thereto, so as to ensure that this information can be made available in a continuously updated list made available to all interested parties via the internet.
(3) In order to evaluate and compare proposals of information and promotion programmes these proposals should be submitted according to a single format in all Member States.
(4) In order to avoid the risk of double financing, information and promotion actions which are supported under Council Regulation (EC) No 1257/1999 of 17 May 1999 on support for rural development from the European Agricultural Guidance and Guarantee Fund (EAGGF) and amending and repealing certain Regulations (3), should not be eligible for support under Regulation (EC) No 2826/2000.
(5) Practical experience has shown that the periods for Member States to conclude contracts with the selected professional or interprofessional organisations are too short, in particular in case where several such organisations in more than one Member State are involved. Those periods need therefore to be prolonged.
(6) The use of model contracts ensures that in all Member States the selected programmes are carried out under the same conditions. Where necessary, Member States should however be permitted to vary certain terms of the contracts in order to take account of national rules.
(7) It should be clarified that for multi-annual programmes an internal report should be submitted after completion of each annual phase, even in cases where no application for payment is made.
(8) Practical experience has shown that the current requirements for circulation, four times a year, of quarterly reports between Member States and the Commission are too cumbersome. The Member States should be obliged to circulate those reports only twice a year.
(9) The interest rate to be paid by the beneficiary of an undue payment should be aligned with the interest rate for amounts receivable not repaid on the due date established in Article 86 of Commission Regulation (EC, Euratom) No 2342/2002 of 23 December 2002 laying down detailed rules for implementation of Council Regulation (EC, Euratom) No 1605/2002 on the Financial Regulation applicable to the general budget of the European Communities (4).
(10) Regulation (EC) No 94/2002 should be amended accordingly.
(11) The measures provided for in this Regulation are in accordance with the opinion delivered at the joint meeting of the management committees on agricultural product promotion,
Regulation (EC) No 94/2002 is amended as follows:
1. in Article 3, the second paragraph is deleted;
2. the following Article 3a is inserted:
3. in Article 5(1) the following subparagraph is added:
4. in Article 9, the following paragraph 3 is added:
5. in Article 10, paragraphs 1 and 2 are replaced by the following:
6. Article 12 is amended as follows:
(a) in paragraph 2, the following paragraph 2a is inserted:
(b) Paragraph 7 is replaced by the following:
7. in Article 14(1), the second subparagraph is replaced by the following:
8. Annex II is deleted.
This Regulation shall enter into force on the third day following that of its publication in the Official Journal of the European Union.
However, point 3 of Article 1 shall apply to proposals for programmes submitted to the Commission as from 1 January 2005.
This Regulation shall be binding in its entirety and directly applicable in all Member States.