Commission Regulation (EC) No 94/2002 (repealed)Dangos y teitl llawn

Commission Regulation (EC) No 94/2002

of 18 January 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Regulation (EC) No 2826/2000 on information and promotion actions for agricultural products on the internal market (repealed)

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 Articles 12 and 16 thereof,

Whereas:

(1) Detailed rules should be laid down for applying the measures to provide information about, and to promote, agricultural products and, secondarily, foodstuffs on the internal market.

(2) In the interests of sound management, the frequency with which lists of themes and products eligible under these measures are to be drawn up should be specified.

(3) In order to prevent any risk of distortion of competition, guidelines should be drawn up on the way the specific origin of products covered by promotion and information campaigns is to be referred to.

(4) The procedure for presenting programmes and selecting implementing bodies should be determined with a view to ensuring the broadest possible competition and free movement of services.

(5) Criteria governing the selection of programmes by the Member States and their scrutiny 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, in particular in the light of Council Directive 92/50/EEC of 18 June 1992 relating to the coordination of procedures for the award of public service contracts(2), as last amended by Commission Directive 2001/78/EC(3).

(6) In the context of its collaboration with the Member States, once the Commission has scrutinised the programmes it is to notify the Management Committee of the programmes approved and their budgets.

(7) General guidelines on campaigns should be laid down for the purpose of managing the programmes to be implemented. Campaigns should have an informative aspect in accordance with Article 3 of Regulation (EC) No 2826/2000. Initially, these guidelines have been drawn up for a limited number of key sectors, without prejudice to the inclusion of other sectors or themes at a later date. Guidelines have still to be drawn up for live plants and floricultural products.

(8) With a view to ensuring that the Community measures are effective, preferential criteria should be laid down for selecting programmes so as to optimise their impact.

(9) 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 scrutinising programmes.

(10) The consequences, which may involve, where appropriate, a reduction of Community financing, should be spelled out in cases where an organisation is rejected for lack of part-financing by a Member State and Article 9(3) of Regulation (EC) No 2826/2000 does not apply.

(11) The checks to be carried out by the Member States on programmes managed directly by them should be determined.

(12) Detailed rules on the Community's financial contribution should be laid down in the interests of sound financial management. It should be specified in particular that, in the case of multiannual programmes, the Community's total financial contribution may not exceed 50 % of the total cost.

(13) The various arrangements ensuring that commitments entered into are fulfilled should be laid down in contracts to be concluded between the parties concerned and the competent national authorities within a reasonable time limit, using standard forms of contract supplied by the Commission.

(14) With a view to the proper performance of such contracts, contractors should lodge a security equal to 15 % of the Community contribution in favour of the competent authority. To the same end, a security should be lodged where an advance payment is applied for.

(15) The primary requirement within the meaning of Article 20 of Commission Regulation (EEC) No 2220/85(4), as last amended by Regulation (EC) No 1932/1999(5), should be defined.

(16) With a view to budget management requirements, a penalty should be laid down for failure to submit, or late submission of, intermediate payment applications and for late payment by Member States.

(17) In the interests of sound financial management and in order to avoid any danger that payments to be made take up the whole of the Community financial contribution and leave no balance to pay, provision should be made for advances and intermediate payments not to exceed 80 % of the Community contribution. To the same end, applications for payment of the balance must reach the competent authorities within a specified time limit.

(18) The Member States should monitor the implementation of the measures covered by this Regulation and the Commission should be kept informed of the results thereof. In the interests of sound financial management, provision should be made for the Member States to cooperate where measures are implemented in a Member State other than the one in which the competent authority signing the contract is established.

(19) Regulation (EC) No 2826/2000 harmonises information and promotion measures for agricultural products on the internal market and brings them together in a single text. The detailed implementing rules for the different sectors should therefore also be harmonised and simplified. Accordingly, the existing sectoral implementing provisions and regulations relating to the promotion of agricultural products should be repealed.

(20) The measures provided for in this Regulation are in accordance with the opinion of the joint meeting of the management committees on agricultural product promotion,

HAS ADOPTED THIS REGULATION:

(1)

OJ L 328, 21.12.2000, p. 2.

(2)

OJ L 209, 24.7.1992, p. 1.

(3)

OJ L 285, 29.10.2001, p. 1.

(4)

OJ L 205, 3.8.1985, p. 5.

(5)

OJ L 240, 10.9.1999, p. 11.