Commission Regulation (EC) No 94/2002 (repealed)Show full title

Article 1 U.K.

For the purposes of Article 6(1) and Article 7(1) of Regulation (EC) No 2826/2000, ‘programme’ means a coherent set of measures of a scope that is sufficient to contribute towards improving information about, and sales of, the products concerned.

Article 2 U.K.

1. In compliance with the criteria set out in Article 3 of Regulation (EC) No 2826/2000, the promotion and/or information message passed on to consumers and other target groups shall include the intrinsic qualities and/or characteristics of the product concerned.

2. Any reference to the origin of products shall be secondary to the central message of a campaign. However, the origin of a product may be indicated in the case of a designation under Community rules or a feature of a typical product needed to illustrate the promotion or informationcampaign.

[F1 3. Any reference in promotion and information messages to the effects on health of consuming the products concerned must be based on generally-accepted scientific data. Such messages must be accepted by the national authority responsible for public health. The trade federation or interbranch organisation making the proposal shall keep a list available for the Member State concerned and the Commission of the scientific studies and the opinions of authorised scientific institutions on which such messages are based.]

Textual Amendments

F1 Inserted by Commission Regulation (EC) No 497/2003 of 18 March 2003 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.

Article 3 U.K.

The lists of themes and products referred to in Article 4 of Regulation (EC) No 2826/2000 shall be drawn up by 31 March at the latest every two years. The initial lists are set out in Annex I hereto.

[ F2 . . . . .]

Textual Amendments

F2 Deleted by 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.

[F3 Article 3a U.K.

Member States shall designate the competent authority or authorities for the application of Regulation (EC) No 2826/2000. They shall inform the Commission of the names and all contact details of the designated authority or authorities, as well as of any changes to this information. The Commission shall make this information publicly available in an appropriate form.]

Textual Amendments

F3 Inserted by 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.

Article 4 U.K.

Programmes as referred to in Article 1 shall be implemented over a period of at least one year but not more than three years from the date on which the relevant contract takes effect.

Article 5 U.K.

[F4 1. For the purpose of implementing measures under the programmes referred to in Article 6 of Regulation (EC) No 2826/2000, the Member State concerned shall receive, in response to a call for proposals and no later than 31 January and 31 July each year, programmes drawn up by trade and interbranch associations in the Community which are representative of the sector or sectors concerned.

However, the Member States concerned shall receive programmes to be submitted in 2003 relating to olive oil, table olives and fibre flax in response to a call for proposals no later than 31 May 2003 .

[F5 The first series of programmes relating to eggs for human consumption to be submitted in 2004 shall be received by the Member State concerned no later than 29 February 2004 .]

Such programmes shall comply with the Community rules governing the products concerned and their marketing, and the guidelines referred to in Article 5 of Regulation (EC) No 2826/2000 and the specifications stipulating exclusion, selection and award criteria distributed to that end by the Member States concerned.

The guidelines are laid down for the first time in Annex III to this Regulation.

[F3 The programmes shall be submitted in a form drawn up by the Commission and supplied to the Member States.] ]

2. Member States shall take the necessary steps to ensure that, under contracts involving their country, the authorities awarding contracts enforce Directive 92/50/EEC.

3. Where an information and/or promotion programme involving more than one Member State is planned, the Member States concerned shall cooperate in drawing up compatible specifications and calls for proposals.

4. In response to such calls for proposals, the organisations referred to in paragraph 1 shall draw up information and promotion programmes in cooperation with the implementing body or bodies that they have selected by a competitive procedure using appropriate means validated by the Member State concerned.

5. In the case of programmes involving more than one Member State, the Member States concerned shall cooperate in selecting the programmes and shall undertake to contribute to their financing in accordance with Article 9(2).

Textual Amendments

F3 Inserted by 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.

F4 Substituted by Commission Regulation (EC) No 497/2003 of 18 March 2003 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.

F5 Inserted by Commission Regulation (EC) No 185/2004 of 2 February 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.

Article 6 U.K.

[X1 In cases where a Member State makes no financial contribution and Article 9(3) of Regulation (EC) No 2826/2000 is not applied, the trade federation or interbranch organisation of that Member State shall be excluded from the programme.]

Editorial Information

X1 Substituted by Corrigendum to 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 (Official Journal of the European Communities L 17 of 19 January 2002).

Article 7 U.K.

1. [F6 No later than 15 March and 30 September each year the Member States shall send the Commission a provisional list of the programmes and proposed implementing bodies and a copy of each programme which they have selected.] In the case of programmes involving more than one Member State, this notification shall be made by common accord of the Member States concerned.

[F1 However, the programmes submitted in 2003 relating to olive oil, table olives and fibre flax in response to a call for proposals shall be notified to the Commission no later than 30 June 2003 .

[F5 The first series of programmes relating to eggs for human consumption to be submitted in 2004 shall be notified to the Commission no later than 31 March 2004 .] ]

2. Where a programme is found not to comply with the Community rules or the guidelines referred to in Annex III, the Commission shall inform the Member State(s) concerned, within 60 calendar days of receipt of the provisional list, that all or part of that programme is ineligible.

[F7 3. [F8 After checking revise programmes referred to in the third subparagraph of Article 6(3) of Regulation (EC) No 2826/2000 the Commission shall decide, no later than 31 May and 15 December, which programmes it may part-finance under the indicative budgets listed in Annex III to this Regulation, in accordance with the procedure referred to in Article 13(2) of Regulation (EC) No 2826/2000.]

[F9 The Commission shall notify the joint management committees provided for in Article 13 of Regulation (EC) No 2826/2000 of its decision. ] [F5 The first series of programmes relating to eggs intended for human consumption to be submitted in 2004 shall be decided on by the Commission no later than 31 May 2004 .]

[F1 However, the Commission shall decide on programmes submitted in 2003 relating to olive oil, table olives and fibre flax in response to a call for proposals no later than 15 September 2003 .] ]

4. The proposing trade federations orinterbranch organisations shall be responsible for the proper implementation of the programmes selected.

Textual Amendments

F1 Inserted by Commission Regulation (EC) No 497/2003 of 18 March 2003 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.

F5 Inserted by Commission Regulation (EC) No 185/2004 of 2 February 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.

F6 Substituted by Commission Regulation (EC) No 2097/2002 of 27 November 2002 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.

F7 Substituted by Commission Regulation (EC) No 1186/2002 of 2 July 2002 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.

F8 Substituted by Commission Regulation (EC) No 359/2005 of 2 March 2005 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.

F9 Deleted by Commission Regulation (EC) No 359/2005 of 2 March 2005 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.

[F8 Article 8 U.K.

Where Article 7 of Regulation (EC) No 2826/2000 is applied, the provisional list of programmes shall be communicated to the Commission no later than 15 March and 30 September each year.

The Commission shall decide which programmes it will part-finance under the indicative budgets given in Annex III to this Regulation no later than 31 May and 15 December of the same year, in accordance with the procedure referred to in Article 13(2) of Regulation (EC) No 2826/2000.]

Textual Amendments

F8 Substituted by Commission Regulation (EC) No 359/2005 of 2 March 2005 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.

Article 9 U.K.

1. The Community's financial contribution to measures as referred to in Article 9(1)(b) of Regulation (EC) No 2826/2000 shall amount to:

(a) 50 % of the actual cost of measures under programmes lasting one year;

(b) 60 % of the actual cost of measures during the first year and 40 % during the second year under programmes lasting two years, up to a total Community contribution not exceeding 50 % of the total cost of the programme;

(c) 60 % of the actual cost of measures during the first year, 50 % during the second year and 40 % during the third year under programmes lasting three years, up to a total Community contribution not exceeding 50 % of the total cost of the programme.

This financial contribution shall be paid to Member States as referred to in Article 10(2) of Regulation (EC) No 2826/2000.

2. Member States' financial contributions to measures as referred to in Article 9(2) of Regulation (EC) No 2826/2000 shall amount to 20 % of their actual cost. Where more than one Member State contributes to the financing, the share to be paid by each shall be proportionate to the financial contribution of the proposing organisation established in its territory.

[F3 3. Information and promotion activities which are supported under Council Regulation (EC) No 1257/1999 (1) shall not qualify for support under Regulation (EC) No 2826/2000.]

Textual Amendments

F3 Inserted by 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.

Article 10 U.K.

[F10 1. As soon as the final list, referred to in the third subparagraph of Article 6(3) of Regulation (EC) No 2826/2000, of programmes selected by the Member States has been drawn up, the individual organisations concerned shall be informed by the Member States whether or not their applications have been accepted. The Member States shall conclude contracts with the selected organisations within 60 calendar days of notification of the Commission decision. In case of programmes jointly presented by several professional or interprofessional organisations in more than one Member State, contracts shall be concluded within 90 calendar days. Beyond that deadline, no contracts may be concluded without prior authorisation from the Commission.

2. The Member States shall use model contracts supplied by the Commission. Where necessary, Member States may vary certain terms of the model contracts to take into account national rules but only to the extent that Community law is not prejudiced.]

3. Contracts may not be concluded by the two parties until a performance security equal to 15 % of the maximum annual financial contribution from the Community and the Member State(s) concerned has been lodged in order to ensure satisfactory performance of the contract. The security shall be lodged in accordance with Title III of Regulation (EEC) No 2220/85.

However, where the contractor is a body governed by public law or acts under the supervision of such a body, the competent authority of the Member State may accept a written guarantee from the supervisory body covering an amount equal to the percentage specified in the first subparagraph, provided that the supervisory body undertakes to ensure that:

• the obligations entered into are properly discharged, and

• the sums received are used properly to discharge the obligations entered into.

Proof that the performance security has been lodged must reach the Member State within the time limit laid down in paragraph 1.

Performance securities shall be released within the time limit and on the terms laid down in Article 12 of this Regulation for payment of the balance.

4. The primary requirement within the meaning of Article 20 of Regulation (EEC) No 2220/85 shall be implementation of the measures covered by the contract.

5. The Member State shall immediately send the Commission a copy of the contract and proof that the performance security has been lodged. It shall also send a copy of the contract concluded by the selected organisation with the implementing body.

The latter contract shall contain the provision that the implementing body must submit to the checks provided for in Article 13.

Textual Amendments

F10 Substituted by 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.

Article 11 U.K.

1. Within 30 calendar days of the contract being signed, a contractor may submit an application for an advance payment to the Member State concerned, together with the security provided for in paragraph 3. Beyond that date, no applications for an advance may be made.

The advance payment may amount to no more than 30 % of the annual contribution from the Community and the Member State(s) concerned.

2. The Member State shall pay the advance within 30 calendar days of submission of the application for advance payment. Where payment is made late, Article 4 of Commission Regulation (EC) No 296/96(2) shall apply.

3. The advance shall be paid on condition that the contractor lodges a security equal to 110 % of that advance in favour of the Member State in accordance with Title III of Regulation (EEC) No 2220/85.

However, if the contractor is a body governed by public law or acts under the supervision of such a body, the competent authority may accept a written guarantee from the supervisory body covering an amount equal to the percentage specified in the first subparagraph, provided the supervisory body undertakes to pay the amount covered by its guarantee if entitlement to the advance as paid is not established.

Article 12 U.K.

1. Applications for intermediate payments of the Community and Member State contributions shall be submitted before the end of the calendar month following the month in which each period of three months calculated from the date of signing of the contract expires. Such applications shall cover the expenditure incurred during the quarter concerned and shall be accompanied by a summary financial statement, the relevant supporting documents and an interim report on the implementation of the contract. Where no expenditure has been incurred during the quarter concerned, a statement to that effect shall be submitted within the same time limit as for applications for intermediate payments.

Except in cases of force majeure, where an application for intermediate payment and the relevant documents are submitted late, the payment shall be reduced by 3 % for each whole month by which it is overdue.

Intermediate payments and the advance payment referred to in Article 11(1) taken together may not exceed 80 % of the total annual financial contribution from the Community and the Member States concerned. Once that level is reached, no more intermediate payment applications shall be submitted.

2. Applications for payment of the balance shall be submitted within four months of completion of the annualmeasures covered by the contract.

To be considered as duly submitted, applications must be accompanied by:

(a) a summary financial statement showing all expenditure scheduled and incurred and all relevant supporting documents relating to the expenditure;

(b) a summary of the work carried out (activity report);

(c) an internal report, drawn up by the contractor, evaluating the results obtained, as ascertainable at the date of the report, and the use that can be made of them.

Except in cases of force majeure, where an application for payment of the balance is submitted late, the balance shall be reduced by 3 % for each month by which it is overdue.

[F3 2a. For multi-annual programmes, the internal report referred to in paragraph 2(c) shall be submitted after completion of each annual phase, even in case where no application for payment of the balance is introduced.]

3. The balance shall not be paid until the documents referred to in paragraph 2 have been checked.

Where the primary requirement referred to in Article 10(4) is not satisfied in full, the balance payable shall be reduced proportionately.

4. The security referred to in Article 11(3) shall be released on condition that definitive entitlement to the advance as paid has been established.

5. Member States shall make the payments referred to in the previous paragraphs within 60 calendar days of receipt of the application for payment. However, that period may be interrupted at any time during the 60 days after the application for payment is first recorded as received, by notifying the contractor concerned that the application is not acceptable either because the amount is not due or because the supporting documents required for all additional applications have not been supplied or because the Member State sees the need for further information or checks. The payment period shall start running again from the date of receipt of the information requested, which must be forwarded within 30 calendar days. Except in cases of force majeure, where the above payments are made late, the amount reimbursed to the Member State shall be reduced in accordance with Article 4 of Regulation (EC) No 296/96.

6. Performance securities as provided for in Article 10(3) must remain valid until the balance is paid and shall be released by means of a letter of discharge issued by the competent authority.

[F10 7. Within 60 calendar days of receipt, the Member States shall send to the Commission the summaries referred to in paragraph 2(a) and (b) and the internal evaluation report referred to in paragraph 2(c).

They shall send to the Commission twice a year the quarterly interim reports required for intermediate payments in accordance with paragraph 1: the first and second quarterly reports shall be sent within 60 calendar days of receipt of the second quarterly report and the third and fourth quarterly reports together with the summaries and report referred to in the first subparagraph of this paragraph.]

8. After the balance has been paid, the Member State shall send the Commission a financial statement detailing the expenditure incurred under the contract.

It shall also certify that, in the light of checks carried out, all the expenditure may be considered eligible under the terms of the contract.

9. Any securities forfeit and penalties imposed shall be deducted from the expenditure part-financed by the Community and declared to the EAGGF Guarantee Section.

Textual Amendments

F3 Inserted by 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.

F10 Substituted by 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.

Article 13 U.K.

1. In particular by means of technical, administrative and accounting checks at the premises of the contractor and the implementing body, the Member States shall take the steps necessary to verify that:

(a) the information and supporting documents supplied are accurate, and

(b) all the obligations laid down in the contract have been fulfilled.

Without prejudice to Council Regulation (EEC) No 595/91(3), the Member States shall inform the Commission at the earliest opportunity of any irregularities detected during checks.

2. The Member State concerned shall determine the most appropriate way of checking on the measures covered by this Regulation and shall notify the Commission thereof.

3. In the case of programmes covering more than one Member State, the Member States concerned shall take the necessary steps to coordinate their checks and shall inform the Commission thereof.

4. The Commission may take part at any time in the verifications and checks provided for in paragraphs 2 and 3. To that end, the competent authorities of the Member States shall notify the Commission in good time of verifications and checks planned.

The Commission may also carry out any additional checks it considers necessary.

Article 14 U.K.

1. Where undue payments are made, the beneficiary shall repay the amounts concerned plus interest calculated on the basis of the time elapsing between payment and repayment by the beneficiary.

[F10 The interest rate to be used shall be that applied by the European Central Bank to its principal financial operations in euro, as published in the C series of the Official Journal of the European Union , in force on the first calendar day of the month in which the due date falls, increased by three and a half percentage points.]

2. Amounts recovered and the relevant interest shall be paid to the paying agencies or departments and deducted by them from the expenditure financed by the European Agricultural Guidance and Guarantee Fund in proportion to the Community financial contribution.

Textual Amendments

F10 Substituted by 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.

Article 15 U.K.

Articles 10, 11, 12, 13 and 14 shall also apply to programmes presented in accordance with Article 7 of Regulation (EC) No 2826/2000.

The contracts for these programmes shall be concluded between the Member States concerned and the selected implementing organisations.

Article 16 U.K.

1. The following provisions are hereby deleted:

(a) Articles 13, 14, 15, 16 and 17 of Commission Regulation (EEC) No 2159/89 of 18 July 1989 laying down detailed rules for applying the specific measures for nuts and locust beans as provided for in Title IIa of Council Regulation (EEC) No 1035/72(4);

(b) Article 6 of Commission Regulation (EC) No 1905/94 of 27 July 1994 on detailed rules for the application of Council Regulation (EC) No 399/94 concerning specific measures for dried grapes(5).

2. The following Regulations are hereby repealed:

(a) Commission Regulation (EEC) No 1348/81 of 20 May 1981 on detailed rules for applying Council Regulation (EEC) No 1970/80 laying down general implementing rules for campaigns aimed at promoting the consumption of olive oil in the Community(6);

(b) Commission Regulation (EEC) No 1164/89 of 28 April 1989 laying down detailed rules concerning the aidfor fibre flax and hemp(7);

(c) Commission Regulation (EEC) No 2282/90 of 31 July 1990 laying down detailed rules for increasing the consumption and utilisation of apples and the consumption of citrus fruit(8);

(d) Commission Regulation (EEC) No 3601/92 of 14 December 1992 laying down detailed rules for the application of specific measures for table olives(9);

(e) Commission Regulation (EEC) No 1318/93 of 28 May 1993 on detailed rules for the application of Council Regulation (EEC) No 2067/92 on measures to promote and market quality beef and veal(10);

(f) Commission Regulation (EC) No 890/1999 of 29 April 1999 on the organisation of publicity measures relating to the Community system for the labelling of beef and veal(11);

(g) Commission Regulation (EC) No 3582/93 of 21 December 1993 on detailed rules for the application of Council Regulation (EEC) No 2073/92 on promoting consumption in the Community and expanding the markets for milk and milk products(12);

(h) Commission Regulation (EC) No 803/98 of 16 April 1998 laying down detailed rules for 1998 for the application of Council Regulation (EC) No 2275/96 introducing specific measures for live plants and floricultural products(13).

3. The Regulations listed in paragraph 2 shall continue to apply to information and promotion programmes approved before the entry into force of this Regulation.

Article 17 U.K.

This Regulation shall enter into force on the seventh day following its publication in the Official Journal of the European Communities.

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