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 countries

• Coming into Force: 12 January 2008
• End of Effective Date: 30 November 2015
• Celex Number: 32008R0003
• ELI: http://data.europa.eu/eli/reg/2008/3/oj
• Published date: 05 January 2008
• Date: 17 December 2007
• Official Gazette Publication: Official Journal of the European Union, L 3, 05 January 2008

5.1.2008 EN Official Journal of the European Union L 3/1

---

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 countries

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular Articles 36 and 37 thereof,

Having regard to the proposal from the Commission,

Having regard to the opinion of the European Parliament,

Whereas:

(1) In accordance with Council Regulations (EC) No 2826/2000 (1) and (EC) No 2702/1999 (2), the Community may implement information and promotional measures on the internal market and on third country markets for certain agricultural products. The results so far have been very encouraging.

(2) Taking account of experience gained, the prospects for market development both within and outside the Community and the new international trade situation, it is appropriate to develop an overall, coherent information and promotion policy 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 origins.

(3) In the interests of clarity, Regulations (EC) No 2702/1999 and (EC) No 2826/2000 should therefore be repealed and replaced by a single regulation, whilst maintaining the specific features of measures according to the market in which they are implemented.

(4) Such a policy usefully supplements and reinforces the schemes run by Member States by boosting product image in the eyes of consumers in the Community and in third countries, in particular as regards the quality, nutritional value and safety of foodstuffs and the methods of production. Such action, by helping to open up new markets in third countries, is also likely to have a multiplier effect on national and private initiatives.

(5) Criteria should be set for selecting the products and sectors concerned, and the themes and markets to be covered by the Community programmes.

(6) It should be possible for the information and promotion measures for agricultural products in third countries to cover both products qualifying for export refunds and products not qualifying for them.

(7) The measures should be implemented within the framework of information and promotion programmes. To ensure the consistency and effectiveness of programmes to be carried out on the internal market, guidelines for each product or sector concerned, setting out the essential elements of the Community programmes concerned, should be defined.

(8) Given the technical nature of the tasks to be performed, the Commission should be able to be assisted by a committee of communication experts or to have recourse to technical assistants.

(9) Financing rules should be set. As a general rule, so that proposing organisations and interested Member States assume their responsibilities, the Community should meet only part of the cost of measures. However, in exceptional cases it may be more suitable not to require any financial contribution from the Member State concerned. In the case of information on some Community schemes regarding product origin, organic production and labelling as well as on the graphic symbols laid down by agricultural legislation, in particular for extremely remote regions, financing shared between the Community and Member States may be justified by the need to provide appropriate information to the public on these relatively recent schemes.

(10) To ensure the greatest cost-effectiveness of the measures selected, the implementation of measures should be entrusted, through appropriate procedures, to bodies with the necessary structure and expertise.

(11) In view of the experience gained and the results achieved by the International Olive Oil Council in its promotional activities, provision should, however, be made for the Community to continue delegating to it measures falling within its sphere of responsibility. It should also be possible for the Community to seek the assistance of similar international organisations for other products.

(12) In order to verify the proper implementation of the programmes and the impact of measures, programme implementation should be carefully monitored by Member States and the results assessed by an independent body.

(13) Expenditure on the financing of measures under this Regulation should be classed in accordance with Council Regulation (EC) No 1290/2005 of 21 June 2005 on the financing of the common agricultural policy (3).

(14) The measures necessary for the implementation of this Regulation should be adopted in accordance with Council Decision 1999/468/EC of 28 June 1999 laying down the procedures for the exercise of implementing powers conferred on the Commission (4),

HAS ADOPTED THIS REGULATION:

Article 1

Subject matter and scope

1. Information and promotion measures for agricultural products and their method of production as well as for food products based on agricultural products carried out on the internal market or in third countries as listed in Article 2 may be financed, fully or in part, by the Community budget subject to the conditions laid down in this Regulation.

These measures shall be implemented as part of an information and promotion programme.

2. The measures referred to in paragraph 1 shall not be brand-oriented or encourage the consumption of any product on grounds of its specific origins. However, the origin of a product covered by these measures may be indicated in the case of designations conferred under Community rules.

Article 2

Information and promotion measures

1. The measures referred to in Article 1(1) shall be the following:

(a) public relations work, promotion and advertising, in particular to draw attention to intrinsic features and advantages of Community products, notably the quality and safety of food, specific production methods, nutritional and health aspects, labelling, animal welfare and respect for the environment;

(b) information campaigns, in particular on Community systems of protected designations of origin (PDOs), protected geographical indications (PGIs) and traditional speciality guaranteed (TSGs) and of organic farming, and other Community schemes for quality standards and labelling of agricultural products and foodstuffs, as well as on the graphic symbols laid down by applicable Community legislation;

(c) information measures on the Community system for quality wines produced in specified regions (quality wines psr), wines with geographical indication and spirit drinks with geographical indication or reserved traditional indication;

(d) impact assessment of the information and promotion measures.

2. On the internal market, the measures referred to in Article 1(1) may also take the form of participation in events, fairs and exhibitions of national or European importance, by means of stands aimed at enhancing the image of Community products.

3. In third countries, the measures referred to in Article 1(1) may also take the following form:

(a) information measures on the Community system for table wines;

(b) participation in events, fairs and exhibitions of international importance, in particular by means of stands aimed at enhancing the image of Community products;

(c) studies of new markets, necessary for the expansion of market outlets;

(d) high-level trade visits.

Article 3

Sectors and products concerned

1. The sectors and products which may be covered by the measures referred to in Article 1(1) to be implemented on the internal market shall be determined bearing in mind the following criteria:

(a) the desirability of drawing attention to the quality, typical features, specific production method, nutritional and health aspects, safety, animal welfare or environment-friendliness of the products in question, by means of thematic or target-specific campaigns;

(b) the implementation of a consumer information labelling system and of product traceability and control systems;

(c) the need to tackle specific or short-term difficulties in individual sectors;

(d) the desirability of providing information on the Community PDO, PDI, TSG and organic production schemes;

(e) the desirability of providing information on the Community system covering quality wines psr, wines with geographical indication and spirit drinks with geographical indication or reserved traditional indication.

2. The following products in particular shall be eligible for the measures referred to in Article 1(1) to be carried out in third countries:

(a) products intended for direct consumption or processing for which export opportunities or potential new market outlets in third countries exist, especially where export refunds will not be required;

(b) typical or quality products displaying high added value.

Article 4

Lists of themes, products and countries eligible for these measures

The Commission shall draw up, according to the procedure referred to in Article 16(2), lists of the themes and products under Article 3 and the third countries concerned. These lists shall be revised every two years. However, if necessary, the lists may be amended in the interval through the same procedure.

In selecting the third countries, account shall be taken of the markets of third countries where there is actual or potential demand.

Article 5

Guidelines

1. For promotion on...