Commission Regulation (EC) No 501/2008 of 5 June 2008 laying down detailed rules for the application of Council Regulation (EC) No 3/2008 on information provision and promotion measures for agricultural products on the internal market and in third countries
Modified by
  • Commission Regulation (EC) No 1313/2008of 19 December 2008amending Regulation (EC) No 501/2008 laying down detailed rules for the application of Council Regulation (EC) No 3/2008 on information provision and promotion measures for agricultural products on the internal market and in third countries, 32008R1313, December 20, 2008
  • Commission Implementing Regulation (EU) No 1085/2011of 27 October 2011amending Regulation (EC) No 501/2008 laying down detailed rules for the application of Council Regulation (EC) No 3/2008 on information provision and promotion measures for agricultural products on the internal market and in third countries, 32011R1085, October 28, 2011
Commission Regulation (EC) No 501/2008of 5 June 2008laying down detailed rules for the application of Council Regulation (EC) No 3/2008 on information provision and promotion measures for agricultural products on the internal market and in third countries THE COMMISSION OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Community, Having regard to Council Regulation (EC) No 3/2008 of 17 December 2007 on information provision and promotion measures for agricultural products on the internal market and in third countriesOJ L 3, 5.1.2008, p. 1., and in particular Articles 4, 5, 9 and 15 thereof, Whereas: (1)Regulation (EC) No 3/2008 provides that the Commission is to lay down the implementing rules for information and promotion programmes part-financed by the Community budget. (2)Taking account of experience gained, the prospects for market development both within and outside the Community and the new international trade situation, an overall, coherent information and promotion policy should be developed for agricultural products and their method of production, as well as for food products based on agricultural products, on the internal market and on third country markets, without encouraging the consumption of any product on grounds of its specific origin. In the interests of clarity, Commission Regulation (EC) No 1071/2005 of 1 July 2005 laying down detailed rules for applying Council Regulation (EC) No 2826/2000 on information and promotion actions for agricultural products on the internal marketOJ L 179, 11.7.2005, p. 1. Regulation as amended by Regulation (EC) No 1022/2006 (OJ L 184, 6.7.2006, p. 3). and Commission Regulation (EC) No 1346/2005 of 16 August 2005 laying down detailed rules for the application of Council Regulation (EC) No 2702/1999 on measures to provide information on, and to promote, agricultural products in third countriesOJ L 212, 17.8.2005, p. 16. should therefore be repealed and replaced by a single regulation, whilst maintaining, in separate chapters, the specific features of measures according to the market in which they are implemented. (3)In the interests of sound management, provision should be made for the drawing-up and regular updating of lists of themes, products and markets covered by information and promotion measures for agricultural products, the designation of the national authorities responsible for implementing this Regulation and the determination of the duration of the programmes. (4)In the interests of informing and protecting consumers, it should be specified that any message referring to the impact on health of a product passed on to consumers and other target groups under the programmes on the internal market must have a recognised scientific basis and that the sources of that information must be recognised. (5)In order to prevent any risk of distortion of competition, general and specific guidelines to be followed for products covered by information and promotion campaigns on the internal market should be drawn up, as should rules on the way the specific origin of products covered by information and promotion campaigns in third countries is to be referred to. (6)In the interests of legal certainty, it should be specified that the programmes proposed for the internal market must comply with the body of Community legislation on the products concerned and the marketing thereof and with the above guidelines. (7)In order to standardise the methods of selecting implementing bodies and programmes, in third countries the same rules should be applied to the measures to be carried out by the international organisations referred to in Article 6(2) of Regulation (EC) No 3/2008. In the interests of legal certainty, the messages disseminated under programmes should comply with the legislation of the third countries targeted. (8)The procedure for submitting programmes and selecting the implementing body should be laid down to ensure the widest possible competition and the free movement of services, bearing in mind, where the proposing organisation is a public body, the provisions of Directive 2004/18/EC of the European Parliament and of the Council of 31 March 2004 on the coordination of procedures for the award of public works contracts, public supply contracts and public service contractsOJ L 134, 30.4.2004, p. 114. Directive as last amended by Commission Regulation (EC) No 213/2008 (OJ L 74, 15.3.2008, p. 1).. (9)Regulation (EC) No 3/2008 provides for the possibility for proposing organisations themselves to implement certain parts of programmes, select the implementing bodies at a later stage in the procedure, and maintain the Community contribution at a constant level not exceeding 50 % of the actual cost of each phase of the programme or 60 % in the case of the measures provided for in the fruit and vegetable sector aimed at children in schools in the Community. Detailed rules for the application of those provisions should be laid down. (10)Criteria governing the selection of programmes by the Member States and the examination of the selected programmes by the Commission should be established with a view to ensuring that the Community rules are complied with and that the measures to be implemented are effective. After examining the programmes, the Commission must decide which programmes are to be accepted and lay down the relevant budgets. (11)In the case of programmes aimed at third countries, to ensure that the Community measures are effective, the Member States must ensure that the programmes approved are consistent with, and complement, their national and regional programmes, and preferential criteria must be laid down for selecting programmes so as to optimise their impact. (12)In the case of programmes involving more than one Member State, provision should be made for measures to ensure that the Member States concerned cooperate in submitting and examining programmes. (13)In the interests of sound financial management, programmes should contain detailed rules on the financial contribution of Member States and proposing organisations. (14)To avoid the risk of duplication of financing, information and promotion measures on the internal market receiving support under Council Regulation (EC) No 1698/2005 of 20 September 2005 on support for rural development by the European Agricultural Fund for Rural Development (EAFRD)OJ L 277, 21.10.2005, p. 1. Regulation as last amended by Regulation (EC) No 146/2008 (OJ L 46, 21.2.2008, p. 1). should be excluded from support under Regulation (EC) No 3/2008. (15)The various arrangements for fulfilling the commitments entered into should be laid down in contracts to be concluded between the parties concerned and the competent national authorities within a reasonable time limit, using model contracts supplied to the Member States by the Commission. (16)To ensure the proper performance of such contracts, contractors should lodge a security equal to 15 % of the Community contribution and that of the Member States concerned in favour of the competent national authority. To the same end, a security should be lodged where an advance payment for each annual phase is applied for. (17)The checks to be carried out by the Member States should be determined. (18)It should be specified that the implementation of the measures covered by the contracts is to be a primary requirement within the meaning of Article 20 of Commission Regulation (EEC) No 2220/85 of 22 July 1985 laying down common detailed rules for the application of the system of securities for agricultural productsOJ L 205, 3.8.1985, p. 5. Regulation as last amended by Regulation (EC) No 1913/2006 (OJ L 365, 21.12.2006, p. 52).. (19)To comply with budget management requirements, it is essential that a financial penalty be laid down for failure to submit intermediate payment applications on time and for late payment by Member States. (20)In the interests of sound financial management and in order to avoid any risk of the payments to be made taking up the whole of the Community financial contribution and leaving no balance to pay, it should be laid down that advances and intermediate payments must not exceed 80 % of the total contribution from the Community and the Member States. To the same end, applications for payment of the balance must reach the competent national authorities within a specified time limit. (21)The Member States should check all information and promotion material produced under the programmes. The terms for the use of such material after the end of the programmes should be laid down. (22)In the light of experience and in order to monitor the proper implementation of the programmes, detailed rules should be laid down for the monitoring by the group set up to this end under Regulation (EC) No 3/2008. (23)The Member States should check the implementation of the measures covered by this Regulation and the Commission should be kept informed of the results of the checks provided for by this Regulation. In the interests of sound financial management, provision should be made for cooperation between the Member States concerned where measures are implemented in a Member State other than the one in which the competent contracting authority is established. (24)To protect the Community’s financial interests effectively, appropriate measures should be adopted to combat fraud and gross negligence. Reimbursements and penalties should be introduced to this end. (25)It should be clearly laid down that, in the case of multiannual programmes, an internal evaluation report should be submitted on completion of each annual phase, even where no payment request has been made. (26)The interest rate payable by the beneficiary of a wrongful payment should be aligned on the interest rate for amounts receivable not repaid on the due date, as referred to in Article 86 of Commission Regulation (EC, Euratom) No 2342/2002 of 23 December 2002 laying down detailed rules for the implementation of Council Regulation (EC, Euratom) No 1605/2002 on the Financial Regulation applicable to the general budget of the European CommunitiesOJ L 357, 31.12.2002, p. 1. Regulation as last amended by Regulation (EC, Euratom) No 478/2007 (OJ L 111, 28.4.2007, p. 13).. (27)The measures provided for in this Regulation are in accordance with the opinion of the Management Committee for the Common Organisation of Agricultural Markets, HAS ADOPTED THIS REGULATION:
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