Legal provisions of COM(2013)812 - Information provision and promotion measures for agricultural products on the internal market and in third countries

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dossier COM(2013)812 - Information provision and promotion measures for agricultural products on the internal market and in third countries.
document COM(2013)812 EN
date October 22, 2014

Contents

CHAPTER I - GENERAL PROVISIONS

Article 1 - Subject matter

This Regulation 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 (‘information provision and promotion measures’), may be fully or partially financed from the Union budget.

Article 2 - General and specific objectives of information provision and promotion measures

1. The general objective of the information provision and promotion measures is to enhance the competitiveness of the Union agricultural sector.

2. The specific objectives of the information provision and promotion measures are to:

(a)increase awareness of the merits of Union agricultural products and of the high standards applicable to the production methods in the Union;

(b)increase the competitiveness and consumption of Union agricultural products and certain food products and to raise their profile both inside and outside the Union;

(c)increase the awareness and recognition of Union quality schemes;

(d)increase the market share of Union agricultural products and certain food products, specifically focusing on those markets in third countries that have the highest growth potential;

(e)restore normal market conditions in the event of serious market disturbance, loss of consumer confidence or other specific problems.

Article 3 - Description of information provision and promotion measures

The information provision and promotion measures shall aim to:

(a)highlight the specific features of agricultural production methods in the Union, particularly in terms of food safety, traceability, authenticity, labelling, nutritional and health aspects, animal welfare, respect for the environment and sustainability, and the characteristics of agricultural and food products, particularly in terms of their quality, taste, diversity or traditions;

(b)raise awareness of the authenticity of European protected designations of origin, protected geographical indication and traditional specialities guaranteed.

Those measures shall in particular consist of public relation work and information campaigns and may also take the form of participation in events, fairs and exhibitions of national, European and international importance.

Article 4 - Characteristics of the measures

1. Information provision and promotion measures shall not be brand-oriented. Nevertheless, it shall be possible for commercial brands to be visible during demonstrations or tastings and on information and promotional material, provided that the principle of non-discrimination is respected and that the overall, non-brand-oriented nature of the measures remains unchanged. The principle of non-discrimination shall apply, ensuring equal treatment and access for all brands of the proposing organisations and equal treatment for Member States. Each brand shall be equally visible and its graphic presentation shall use a smaller format than the main Union message of the campaign. Several brands shall be displayed, except in duly justified circumstances pertaining to the specific situation of the Member States concerned.

2. Information provision and promotion measures shall not be origin-oriented. Such measures shall not aim to encourage the consumption of a product on the sole ground of its origin. Nevertheless, it shall be possible for the origin of products to be visible on information and promotional material, subject to the following rules:

(a)in the internal market, the mention of the origin must always be secondary in relation to the main Union message of the campaign.

(b)in third countries, the mention of the origin may be on the same level as the main Union message of the campaign.

(c)for products recognised under the quality schemes referred to in point (a) of Article 5(4), the origin registered in the denomination may be mentioned without any restriction.

3. The Commission shall adopt implementing acts, laying down detailed rules concerning:

(a)the visibility of commercial brands during demonstrations or tastings and on information and promotional material, as referred to in paragraph 1, as well as the uniform conditions under which a single brand may be displayed; and

(b)the visibility of the origin of products on information and promotional material as referred to in paragraph 2.

Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 23(2).

Article 5 - Eligible products and schemes

1. Information provision and promotion measures may cover the following products:

(a)the products listed in Annex I to the TFEU, excluding tobacco;

(b)the products listed in Annex I to this Regulation;

(c)spirit drinks with a protected geographical indication pursuant to Regulation (EC) No 110/2008 of the European Parliament and of the Council (10).

2. The Commission shall be empowered to adopt, in order to take account of market developments, delegated acts, in accordance with Article 22, supplementing the list in Annex I to this Regulation by adding food products to that list.

3. Notwithstanding paragraph 1:

(a)the information provision and promotion measures may only cover wine with designation of origin or protected geographical indication status and wine carrying an indication of the wine grape variety; in the case of simple programmes referred to in Article 6(3), the programme in question must also cover other products referred to in points (a) and (b) of paragraph 1;

(b)with regard to spirit drinks as referred to in point (c) of paragraph 1, wine as referred to in point (a) of this paragraph and beer, measures targeting the internal market shall be limited to informing consumers of the schemes set out in paragraph 4 and of the responsible consumption of those beverages;

(c)the fishery and aquaculture products listed in Annex I to Regulation (EU) No 1379/2013 may be the subject of information provision and promotion measures only if other products referred to in paragraph 1 are also covered by the programme in question.

4. Information provision and promotion measures may cover the following schemes:

(a)the quality schemes established by Regulation (EU) No 1151/2012, Regulation (EC) No 110/2008 and Article 93 of Regulation (EU) No 1308/2013;

(b)the organic production method as defined by Council Regulation (EC) No 834/2007 (11);

(c)the logo for quality agricultural products specific to the outermost regions of the Union, as referred to in Article 21 of Regulation (EU) No 228/2013 of the European Parliament and of the Council (12);

(d)the quality schemes as referred to in points (b) and (c) of Article 16(1) of Regulation (EU) No 1305/2013 of the European Parliament and of the Council (13).

CHAPTER II - IMPLEMENTATION OF INFORMATION PROVISION AND PROMOTION MEASURES

SECTION 1 - Common provisions


Article 6 - Types of actions

1. Information provision and promotion measures shall take the form of:

(a)information and promotion programmes (‘programmes’), and

(b)the measures on the initiative of the Commission referred to in Article 9.

2. Programmes shall consist of a coherent set of operations and shall be implemented over a period of at least one but not more than three years.

3. Simple programmes, further details of which are provided in Section 2 of this Chapter, may be submitted by one or more of the proposing organisations referred to in points (a), (c) or (d) of Article 7(1), which shall all be from the same Member State.

4. Multi programmes, further details of which are provided in Section 3 of this Chapter, may be submitted by:

(a)at least two proposing organisations referred to in points (a), (c) or (d) of Article 7(1), which shall all be from at least two Member States; or

(b)one or more Union organisations referred to in point (b) of Article 7(1).

Article 7 - Proposing organisations

1. A programme may be proposed by:

(a)trade or inter-trade organisations, established in a Member State and representative of the sector or sectors concerned in that Member State, and in particular the interbranch organisations as referred to in Article 157 of Regulation (EU) No 1308/2013 and groups as defined in point 2 of Article 3 of Regulation (EU) No 1151/2012, provided that they are representative for the name protected under the latter Regulation which is covered by that programme;

(b)trade or inter-trade organisations of the Union representative of the sector or sectors concerned at Union level;

(c)producer organisations or associations of producer organisations, as referred to in Articles 152 and 156 of Regulation (EU) No 1308/2013 that have been recognised by a Member State;

(d)agri-food sector bodies the objective and activity of which is to provide information on, and to promote, agricultural products and which have been entrusted, by the Member State concerned, with a clearly defined public service mission in this area; those bodies must have been legally established in the Member State in question at least two years prior to the date of the call for proposals referred to in Article 8(2).

2. The Commission shall be empowered to adopt delegated acts, in accordance with Article 22, setting out the specific conditions under which each of the proposing organisations, groups and bodies referred to in paragraph 1 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 8 - Annual work programme

1. The Commission shall adopt implementing acts, laying down for each year an annual work programme setting out the operational objectives to be pursued, the operational priorities, the expected results, the method of implementation and the total amount of the financing plan. That annual work programme, and in particular its operational priorities, shall comply with the general and specific objectives set out in Article 2. In particular, the programme shall provide for specific temporary arrangements to react to serious market disturbance, loss of consumer confidence or other specific problems as referred to in point (e) of Article 2(2). It shall also contain the main evaluation criteria, a description of the measures to be financed, an indication of the amounts allocated to each type of measure, an indicative implementation timetable and, in the case of grants, the maximum rate of the Union’s financial contribution. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 23(2).

2. The work programme referred to in paragraph 1 shall be implemented, for simple and multi programmes, through the publication by the Commission of calls for proposals in accordance with Title VI of Part I of Regulation (EU, Euratom) No 966/2012 of the European Parliament and of the Council (14).

Article 9 - Measures on the initiative of the Commission

1. The Commission may carry out information and promotion measures as described in Article 3, including campaigns, in the event of serious market disturbance, loss of consumer confidence or other specific problems referred to in point (e) of Article 2(2). Those measures may in particular take the form of high-level missions, participation in trade fairs and exhibitions of international importance by means of stands, or operations aimed at enhancing the image of Union products.

2. The Commission shall develop technical support services, in particular with a view to:

(a)encouraging awareness of different markets, including by means of exploratory business meetings;

(b)maintaining a dynamic professional network around information and promotion policy, including providing advice to the sector with regard to the threat of imitation and counterfeit products in third countries; and

(c)improving knowledge of Union rules concerning programme development and implementation.

Article 10 - Prohibition on double funding

Information provision and promotion measures financed under this Regulation shall not be the subject of any other financing under the Union’s budget.

SECTION 2 - Implementation and management of simple programmes


Article 11 - Selection of simple programmes

1. The Commission shall evaluate and select proposals for simple programmes received in response to the call for proposals referred to in Article 8(2). The Commission shall be empowered to adopt delegated acts in accordance with Article 22 laying down the specific conditions for eligibility with regard to simple programmes.

2. The Commission shall adopt implementing acts, determining the simple programmes selected, any changes to be made to them, and the corresponding budgets. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 23(2).

Article 12 - Information on the selection of simple programmes

The Commission shall provide the Committee referred to in Article 23, and thereby the Member States with timely information on all the programmes that are proposed or selected.

Without prejudice to Regulation (EU, Euratom) No 966/2012, the Commission shall in particular provide:

(a)information concerning the number of proposals received, the Member States in which the proposing organisations are established, the sectors involved and the market or markets targeted;

(b)information concerning the outcome of the evaluation of the proposals and a summary description thereof.

Article 13 - Bodies responsible for implementing simple programmes

1. After a competitive procedure has been duly carried out, the proposing organisation shall choose the bodies that will implement simple programmes that have been selected, with a view, in particular, to ensuring that measures are implemented effectively.

The Commission shall be empowered to adopt delegated acts, in accordance with Article 22, setting out the conditions governing the competitive procedure for the selection of the implementing bodies referred to in the first subparagraph.

2. By way of derogation from paragraph 1, a proposing organisation may implement certain parts of a programme itself, subject to conditions relating to the proposing organisation’s experience in implementing such measures, the cost of such measures in relation to normal market rates and the share of the total cost accounted for by the part of the programme implemented by the proposing organisation.

The Commission shall adopt implementing acts laying down the detailed rules under which the proposing organisation may be authorised to implement certain parts of the programme itself. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 23(2).

Article 14 - Implementation, monitoring and control of simple programmes

1. The Member States concerned shall be responsible for the proper implementation of the simple programmes selected in accordance with Article 11 and for the relevant payments. The Member States shall ensure that information and promotional material produced in the context of these programmes complies with Union law.

The Commission shall adopt implementing acts laying down the arrangements for implementation, monitoring and control and the rules relating to the conclusion of contracts for the implementation of the simple programmes selected under this Regulation. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 23(2).

2. The Member States shall ensure the implementation of, and shall monitor and control, simple programmes in accordance with Regulation (EU) No 1306/2013 of the European Parliament and of the Council (15) and in accordance with the implementing acts to be adopted pursuant to paragraph 1.

Article 15 - Financial provisions relating to simple programmes

1. The Union’s financial contribution to simple programmes in the internal market shall be 70 % of the eligible expenditure. The Union’s financial contribution to simple programmes in third countries shall be 80 % of the eligible expenditure. The remaining expenditure shall be borne exclusively by the proposing organisations.

2. The percentages referred to in paragraph 1 shall be increased to 85 % in the event of serious market disturbance, loss of consumer confidence or other specific problems referred to in point (e) of Article 2(2).

3. By way of derogation from paragraphs 1 and 2, for proposing organisations established in Member States receiving on or after 1 January 2014 financial assistance in accordance with Article 136 and 143 TFEU, the percentages referred to in paragraph 1, shall be 75 % and 85 % respectively, and the percentage referred to in paragraph 2 shall be 90 %.

The first subparagraph shall only apply to those programmes decided upon by the Commission before the date from which the Member State concerned no longer receives such financial assistance.

4. Studies to evaluate the results of promotional and information measures in accordance with the common framework referred to in Article 25 shall be eligible for Union financing under conditions similar to those governing the simple programme in question.

5. The Union shall finance in full the expert fees linked to the selection of programmes pursuant to point (a) of Article 4(2) of Regulation (EU) No 1306/2013.

6. In order to ensure the proper implementation of simple programmes, proposing organisations shall provide guarantees.

7. The Union shall finance information provision and promotion measures implemented on the basis of simple programmes pursuant to point (c) of Article 4(1) of Regulation (EU) No 1306/2013.

8. The Commission shall be empowered to adopt delegated acts, in accordance with Article 22, 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.

SECTION 3 - Implementation and management of multi programmes and measures implemented on the initiative of the commission


Article 16 - Types of financing

1. Financing may take one or more of the forms provided for by Regulation (EU, Euratom) No 966/2012, including:

(a)grants for multi-programmes;

(b)contracts for the measures implemented on the initiative of the Commission.

2. The Union shall finance information provision and promotion measures implemented on the basis of multi programmes or on the initiative of the Commission pursuant to point (a) of Article 4(2) of Regulation (EU) No 1306/2013.

Article 17 - Evaluation of multi programmes

The proposals for multi programmes shall be evaluated and selected on the basis of the criteria announced in the call for proposals referred to in Article 8(2).

Article 18 - Information on the implementation of multi programmes

The Commission shall provide the Committee referred to in Article 23, and thereby the Member States, with timely information on all the programmes that are proposed or selected.

Article 19 - Financial provisions relating to multi programmes

1. The Union’s financial contribution to multi programmes shall be 80 % of the eligible expenditure. The remaining expenditure shall be borne exclusively by the proposing organisations.

2. The percentage referred to in paragraph 1 shall be increased to 85 % in the event of serious market disturbance, loss of consumer confidence or other specific problems referred to in point (e) of Article 2(2).

3. By way of derogation from paragraphs 1 and 2, for proposing organisations established in Member States receiving on or after 1 January 2014 financial assistance in accordance with Article 136 and 143 TFEU, the percentages referred to in paragraphs 1 and 2 shall be 85 %, and 90 % respectively.

The first subparagraph shall only apply to those programmes decided upon by the Commission before the date from which the Member State concerned no longer receives such financial assistance.

Article 20 - Procurement with regard to measures implemented on the initiative of the Commission

Any procurement effected by the Commission in its own name or jointly with Member States shall be subject to the procurement rules set out in Regulation (EU, Euratom) No 966/2012 and Commission Delegated Regulation (EU) No 1268/2012 (16).

Article 21 - Protection of the financial interests of the Union

1. The Commission shall take appropriate measures to ensure that, when measures financed under this section are implemented, the financial interests of the Union are protected by the application of preventive measures against fraud, corruption and any other illegal activities, by effective checks and, if irregularities are detected, by the recovery of the amounts wrongly paid and, where appropriate, by effective, proportionate and dissuasive administrative and financial penalties.

2. The Commission or its representatives and the Court of Auditors shall have the power to audit, on the basis of documents and on-the-spot, all grant beneficiaries, contractors and subcontractors who have received Union funds.

3. The European Anti-Fraud Office (OLAF) may carry out investigations, including on-the-spot checks and inspections, in accordance with the provisions and procedures laid down in Regulation (EU, Euratom) No 883/2013 of the European Parliament and of the Council (17) and Council Regulation (Euratom, EC) No 2185/96 (18) in order to establish whether there has been fraud, corruption or any other illegal activity affecting the financial interests of the Union in connection with a grant agreement or grant decision or a contract relating to Union funds.

4. Without prejudice to paragraphs 1, 2 and 3, cooperation agreements with third countries and with international organisations, contracts, grant agreements and grant decisions resulting from the implementation of a programme under this Regulation shall contain provisions expressly empowering the Commission, the Court of Auditors and OLAF to conduct such audits and investigations, in accordance with their respective competences.

CHAPTER III - FINAL PROVISIONS

SECTION 1 - Delegations of powers and implementing provisions


Article 22 - Exercise of the delegation

1. The power to adopt delegated acts is conferred on the Commission subject to the conditions laid down in this Article.

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 shall be tacitly extended for periods of an identical duration, unless the European Parliament or the Council opposes such extension not later than three months before the end of each period.

3. The delegation of power referred to in Articles 5(2), 7(2), 11(1), 13(1), 15(8), and 29(2) may be revoked at any time by the European Parliament or by the Council. A decision to revoke shall put an end to the delegation of the power specified in that decision. It shall take effect the day following the publication of the decision in the Official Journal of the European Union or at a later date specified therein. It shall not affect the validity of any delegated acts already in force.

4. As soon as it adopts a delegated act, the Commission shall notify it simultaneously to the European Parliament and to the Council.

5. A delegated act adopted pursuant to this Regulation shall enter into force only if no objection has been expressed either by the European Parliament or the Council within a period of two months of notification of that act to the European Parliament and the Council, or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period may be extended by two months at the initiative of the European Parliament or of the Council.

Article 23 - Committee

1. The Commission shall be assisted by the Committee for the Common Organisation of the Agricultural Markets established by Article 229 of Regulation (EU) No 1308/2013. That Committee shall be a committee within the meaning of Regulation (EU) No 182/2011.

2. Where reference is made to this paragraph, Article 5 of Regulation (EU) No 182/2011 shall apply.

SECTION 2 - Consultation, assessment and reporting


Article 24 - Consultation

In the context of implementing this Regulation, the Commission may consult the civil dialogue group on quality and promotion established pursuant to Commission Decision 2013/767/EU (19).

Article 25 - Common framework for assessing the impact of measures

In accordance with the common monitoring and evaluation framework for the common agricultural policy provided for in Article 110 of Regulation (EU) No 1306/2013, the Commission shall adopt implementing acts, laying down the common framework for assessing the impact of information and promotion programmes financed under this Regulation as well as a system of indicators. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 23(2).

All interested parties shall provide the Commission with all the data and information necessary to enable the impact of measures to be assessed.

Article 26 - Report

1. By 31 December 2018, the Commission shall submit to the European Parliament and to the Council an interim report on the application of this Regulation. That interim report shall include the rate of uptake in different Member States, together with any appropriate proposals.

2. By 31 December 2020, the Commission shall submit to the European Parliament and to the Council a report on the application of this Regulation together with any appropriate proposals.

SECTION 3 - State aid, repeal, transitional provisions, and entry into force and date of application


Article 27 - State aid

By way of derogation from Article 211(1) of Regulation (EU) No 1308/2013 and from Article 3 of Council Regulation (EC) No 1184/2006 (20), as well as by virtue of the first paragraph of Article 42 TFEU, Articles 107, 108 and 109 TFEU shall not apply to payments made by Member States pursuant to this Regulation and in compliance with its provisions, nor shall they apply to financial contributions coming from Member States’ parafiscal charges, mandatory contributions or other financial instruments, in the case of programmes eligible for Union support which the Commission has selected in accordance with this Regulation.

Article 28 - Repeal

Regulation (EC) No 3/2008 is hereby repealed.

References to the repealed Regulation shall be construed as being references to this Regulation and shall be read in accordance with the correlation table set out in Annex II to this Regulation.

Article 29 - Transitional provisions

1. Regulation (EC) No 3/2008 shall continue to apply to those information and promotion measures for which funding has been decided by the Commission before 1 December 2015.

2. The Commission shall be empowered to adopt delegated acts in accordance with Article 22 in order to ensure a smooth transition between the application of Regulation (EC) No 3/2008 and this Regulation.

Article 30 - Entry into force and date of application

This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.

It shall apply from 1 December 2015.

This Regulation shall be binding in its entirety and directly applicable in all Member States.