[F1Regulation (EU) No 1144/2014 of the European Parliament and of the Council
of 22 October 2014
on information provision and promotion measures concerning agricultural products implemented in the internal market and in third countries and repealing Council Regulation (EC) No 3/2008 cross-notes
THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty on the Functioning of the European Union, and in particular Articles 42 and 43(2) thereof,
Having regard to the proposal from the European Commission,
After transmission of the draft legislative act to the national parliaments,
Having regard to the opinion of the European Economic and Social Committee(1),
Having regard to the opinion of the Committee of the Regions(2),
Acting in accordance with the ordinary legislative procedure(3),
Whereas:
(1) In accordance with Council Regulation (EC) No 3/2008(4), the Union may implement information provision and promotion measures in the internal market and in third countries for agricultural products and their production methods and for certain food products based on agricultural products.
(2) In view of the experience gained and the likely developments in the agricultural sector and on markets both inside and outside the Union, the scheme established by Regulation (EC) No 3/2008 should be reviewed and made more coherent and effective. Regulation (EC) No 3/2008 should therefore be repealed and replaced with a new regulation.
(3) The objective of such information provision and promotion measures is to enhance the competitiveness of the Union agricultural sector, thereby bringing about greater competitive equity both in the internal market and in third countries. More specifically, the information provision and promotion measures should aim to increase consumers’ awareness of the merits of the Union’s agricultural products and production methods and to increase the awareness and recognition of Union quality schemes. Moreover, they should increase the competitiveness and consumption of Union agricultural products, raise their profile both inside and outside the Union and increase the market share of those products, with a special focus on those markets in third countries that have the highest growth potential. In the event of serious market disturbance, loss of consumer confidence or other specific problems, those measures should help restore normal market conditions. Such information provision and promotion measures should usefully complement and reinforce the measures implemented by the Member States. In order to achieve their objectives, information provision and promotion measures should continue to be implemented both inside and outside the Union.
(4) Measures should also aim to enhance the authenticity of Union products so as to improve consumers’ awareness of the qualities of genuine products as compared to imitations and counterfeit products; this would contribute significantly to awareness, both in the Union and in third countries, of the symbols, indications and abbreviations demonstrating participation in the European quality schemes established by Regulation (EU) No 1151/2012 of the European Parliament and of the Council(5).
(5) One of the Union’s strengths in food production lies in the diversity of its products and in their specific characteristics which are linked to different geographical areas and different traditional methods and which provide unique flavours, offering the variety and authenticity that consumers increasingly look for, both inside and outside the Union.
(6) In addition to information on the intrinsic features of Union’s agricultural and food products, the eligible measures may also communicate consumer-friendly messages, focusing, inter alia, on nutrition, taste, tradition, diversity and culture.
(7) Information provision and promotion measures should not be brand- or origin-oriented. Nevertheless, in order to improve the quality and effectiveness of demonstrations, tastings and information and promotion material, it should be possible to mention the commercial brands and product origin, provided that the principle of non-discrimination is respected and that the measures are not aimed at encouraging the consumption of any product on the sole ground of its origin. Furthermore, such measures should respect general principles of Union law and should not amount to a restriction of the free movement of agricultural and food products in breach of Article 34 of the Treaty on the Functioning of the European Union (TFEU). Specific rules should be laid down on the visibility of brands and origin in relation to the main Union message of a campaign.
(8) The Union mainly exports final agricultural products, including agricultural products not included in Annex I to the TFEU. The information provision and promotion measures should therefore be opened up to include certain products outside the scope of Annex I to the TFEU. This would be consistent with other schemes of the common agricultural policy (CAP), such as the European quality schemes, which are already open to such products.
(9) The Union’s information provision and promotion measures relating to wine under the CAP represent one of the landmarks of the aid programmes available to the wine sector. Only wine with designation of origin or protected geographical indication status and wine carrying an indication of the wine grape variety should be the subject of the information provision and promotion measures. In the case of simple programmes, the programme in question should also cover another agricultural or food product. Similarly, Regulation (EU) No 508/2014 of the European Parliament and of the Council(6) provides for the promotion of fishery and aquaculture products. Consequently, the eligibility of fishery and aquaculture products listed in Annex I to Regulation (EU) No 1379/2013 of the European Parliament and of the Council(7), for the information provision and promotion measures provided for under this scheme should be limited exclusively to fishery and aquaculture products which are associated with another agricultural or food product.
(10) Products covered by Union quality schemes and quality schemes recognised by Member States should be eligible for information provision and promotion measures since such schemes provide consumers with assurances on the quality and characteristics of the product or the production process used, achieve added value for the products concerned and enhance their market opportunities. Similarly, the organic production method, as well as the logo for quality agricultural products specific to the outermost regions should be eligible for information provision and promotion measures.
(11) Over the period 2001-2011, only 30 % of the budget earmarked for information provision and promotion measures was spent on measures targeting third-country markets, even though those markets offer major growth potential. Arrangements are therefore needed in order to encourage a larger number of information provision and promotion measures for Union agricultural products in third countries, in particular by providing increased financial support.
(12) In order to guarantee the effectiveness of the information provision and promotion measures that are implemented, they should be developed in the context of information and promotion programmes. Such programmes have hitherto been submitted by trade and/or inter-trade organisations. In order to increase the number of measures proposed and to improve their quality, the range of beneficiaries should be widened to include producer organisations and their associations, groups and bodies of the agri-food sector which have as their objective and activity the provision of information on and the promotion of agricultural products.
(13) The information provision and promotion measures co-financed by the Union should demonstrate a specific Union dimension. To that end, and in order to avoid a dispersion of resources and to increase Europe’s visibility through these information provision and promotion measures for agricultural products and certain food products, it is necessary to establish a work programme which defines the strategic priorities for these measures in terms of populations, products, schemes or markets to be targeted and the nature of the information and promotion messages to be imparted. The programme should be developed on the basis of the general and specific objectives established under this Regulation, and should take into account the possibilities offered by the markets and the need to complement and reinforce the actions implemented by Member States and operators, both in the internal market and in third countries, in order to ensure that promotion and information policy is cohesive. To this end, when designing that programme, the Commission should consult Member States and relevant stakeholders.
(14) The work programme should provide, inter alia, for specific arrangements in order to react in the event of serious market disturbance, loss of consumer confidence, or other specific problems. Additionally the Commission should take particular account of the predominant position of small and medium-enterprises in the agri-food sector, a sector which benefits from the exceptional measures provided for in Articles 219, 220 and 221 of Regulation (EU) No 1308/2013 of the European Parliament and of the Council(8), and, for measures targeting third countries, of free-trade agreements falling within the scope of the common commercial policy of the Union. When designing that programme, the Commission should also take into account the handicaps of mountain areas, islands and outermost regions of the Union.
(15) In order to ensure that information provision and promotion measures are implemented effectively, they should be entrusted to implementing bodies selected through a competitive procedure. Nevertheless, in duly justified cases, proposing organisations should have the possibility to directly implement certain parts of their programme.
(16) The Commission should be able to carry out information and promotion measures on its own initiative, including high-level missions, particularly with a view to contributing to the opening-up of new markets. The Commission should also be able to conduct its own campaigns to provide a prompt and effective response in the event of serious market disturbance or loss of consumer confidence. If necessary, the Commission should revise its own initiatives that plan to implement such campaigns. Appropriations allocated to on-going information and promotion programmes, both simple or multi, should not be reduced in the event of action undertaken by the Commission under these circumstances.
(17) Over and above the information provision and promotion measures, the Commission needs to develop and coordinate technical support services at Union level with the aim of helping operators to take part in co-financed programmes, to conduct effective campaigns or to develop their export activities. Those services should in particular include the provision of guidelines to help potential beneficiaries to comply with the rules and procedures related to this policy.
(18) Efforts to promote Union products on third country markets are sometimes prejudiced by the competition they face from imitation and counterfeit products. The technical support services developed by the Commission would include advice for the sector with regard to protecting Union products from imitation and counterfeit practices.
(19) Simplification of the regulatory environment of the CAP is an important priority for the Union. Such an approach should also be applied to this Regulation. In particular, the principles of administrative management of information and promotion programmes should be reviewed with the aim of simplifying them and enabling the Commission to establish the rules and procedures applicable to the submission, evaluation and selection of proposals for programmes. The Commission should ensure, however, that Member States receive timely information on all programmes proposed and selected. That information should in particular include the number of proposals received, the Member States and sectors concerned, and the outcome of the evaluation of those proposals.
(20) Cooperation between economic operators in different Member States contributes greatly to increasing the Union added value and to highlighting the diversity of Union agricultural products. Despite the priority given to programmes developed jointly by proposing organisations in different Member States, such programmes accounted in the period 2001-2011 for only 16 % of the budget earmarked for information provision and promotion measures. Consequently, new arrangements should be introduced, particularly as regards the management of multi programmes, in order to overcome existing obstacles to their implementation.
(21) Financing rules should be set. As a general rule, in order to ensure that interested proposing organisations assume their share of the responsibilities, the Union should cover only part of the cost of programmes. However, certain administrative and staff costs, which are not linked to implementation of the CAP, form an integral part of information provision and promotion measures and should be eligible for Union funding.
(22) Each measure should be subject to monitoring and evaluation in order to improve its quality and demonstrate its achievements. In this context, a list of indicators should be determined and the impact of the promotion policy assessed in relation to its strategic objectives. The Commission should establish a monitoring and evaluation framework for this policy which is consistent with the common monitoring and evaluation framework of the CAP.
(23) In order to supplement or amend certain non-essential elements of this Regulation, the power to adopt delegated acts in accordance with Article 290 TFEU should be delegated to the Commission. That empowerment should cover supplementing the list in Annex I to this Regulation, the criteria for determining the eligibility of proposing organisations, the conditions governing the competitive procedure for the selection of implementing bodies, the specific conditions for eligibility with regard to simple programmes, the costs of information provision and promotion measures and administrative and staff costs and provisions to facilitate the transition from Regulation (EC) No 3/2008 to this Regulation. It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level. The Commission, when preparing and drawing up delegated acts, should ensure a simultaneous, timely and appropriate transmission of relevant documents to the European Parliament and to the Council.
(24) In order to ensure uniform conditions for the implementation of this Regulation, implementing powers should be conferred on the Commission concerning detailed rules on the visibility of commercial brands during product demonstrations or tastings and on information and promotion material, and on the visibility of the origin of products on information and promotion material; the annual work programmes; the selection of simple programmes; detailed rules under which a proposing organisation may be authorised to implement certain parts of a simple programme itself; the arrangements for implementation, monitoring and control of simple programmes; the rules concerning the conclusion of contracts for the implementation of simple programmes selected in accordance with this Regulation; and the common impact assessment framework for programmes, as well as a system of indicators. Those powers should be exercised in accordance with Regulation (EU) No 182/2011 of the European Parliament and of the Council(9).
(25) Since, given the links that exist between the promotion policy and the other instruments of the CAP, and taking into account the multiannual guarantee of Union funding and its concentration on clearly defined priorities, the objectives of this Regulation cannot be sufficiently achieved by the Member States but can rather be more effectively achieved at Union level, the Union may adopt measures, in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty on European Union. In accordance with the principle of proportionality, as set out in that Article, this Regulation does not go beyond what is necessary in order to achieve those objectives,
HAVE ADOPTED THIS REGULATION:
CHAPTER I GENERAL PROVISIONS
Article 1 Subject matter [F2and definitionsF2]
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 [F3 within or outside the United Kingdom F3] (‘information provision and promotion measures’), may be fully or partially financed [F4 by the relevant authority F4] .
[F5 In this Regulation—
(a) ‘constituent nation’ means England, Wales, Scotland or Northern Ireland, as the case may be;
(b) ‘relevant authority’ means:
— in relation to England, the Secretary of State;
— in relation to Wales, the Welsh Ministers;
— in relation to Scotland, the Scottish Ministers;
— in relation to Northern Ireland, the Department of Agriculture, Environment and Rural Affairs.F5]
[F6 (c) ‘appropriate authority’ means:
(i)the relevant authority for the constituent nation in which the regulations apply, or
(ii)if consent is given by the relevant authority for the constituent nation in which the regulations apply, the Secretary of State.F6]
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 [F7 United KingdomF7] agricultural sector.
2.The specific objectives of the information provision and promotion measures are to:
(a)increase awareness of the merits of [F7 United KingdomF7] agricultural products and of the high standards applicable to the production methods in the [F7 United KingdomF7] ;
(b)increase the competitiveness and consumption of [F7 United KingdomF7] agricultural products and certain food products and to raise their profile both inside and outside the [F7 United KingdomF7] ;
(c)increase the awareness and recognition of [F7 United KingdomF7] quality schemes;
(d)increase the market share of [F7 United KingdomF7] agricultural products and certain food products, specifically focusing on those markets [F8 outside the United KingdomF8] 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:
highlight the specific features of agricultural production methods in the [F9 United KingdomF9] , 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;
raise awareness of the authenticity of F10... 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, F10... 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 F11.... Each brand shall be equally visible and its graphic presentation shall use a smaller format than the main F12... message of the campaign. Several brands shall be displayed, except in duly justified circumstances pertaining to the specific situation of the [F13 proposing organisations concernedF13] .
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[F15 3.The appropriate authority may make regulations laying down detailed rules concerning 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.F15]
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).
[F16 2.In order to take account of market developments, the appropriate authority may make regulations supplementing the list in Annex I to this Regulation by adding food products to that list.F16]
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 [F17 the market in the United Kingdom or a constituent nationF17] 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);
F18(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(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(12).
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 [F19 relevant authorityF19] 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) F20....
F214.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Article 7 Proposing organisations
1.A programme may be proposed by:
(a)trade or inter-trade organisations, established in [F22 the United KingdomF22] and representative of the sector or sectors concerned in [F23 the United Kingdom or a constituent nationF23] , 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 [F24 United KingdomF24] representative of the sector or sectors concerned at [F25 United Kingdom or constituent nationF25] 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 [F26 in the United KingdomF26] ;
(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 [F27 relevant authorityF27] , with a clearly defined public service mission in this area; those bodies must have been legally established in the [F28 United KingdomF28] at least two years prior to the date of the call for proposals referred to in Article 8(2).
2.The [F29 appropriate authority may make regulationsF29] , 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 [F30 relevant authority may publishF30] 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 F31... financial contribution. F32...
[F33 2.Following publication of the work programme, the appropriate authority may issue a call for proposals for simple programmes to implement the work programme.F33]
Article 9 Measures on the initiative of the [F34relevant authorityF34]
1.The [F35 relevant authorityF35] 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 [F36 United KingdomF36] products.
2.The [F37 relevant authority mayF37] 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 [F38 outside the United KingdomF38] ; and
(c)improving knowledge of F39... rules concerning programme development and implementation.
F40Article 10 Prohibition on double funding
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SECTION 2 Implementation and management of simple programmes
[F41Article 11 Selection of simple programmes
1.The appropriate authority must evaluate proposals for simple programmes submitted to it in response to the call for proposals under Article 8(2).
2.The appropriate authority must select one or more of the programmes submitted to it and may make selection of a programme conditional on amendments being made to the programme proposed.
3.Following selection, the appropriate authority must publish a list of those selected and the corresponding budget for each.
4.The appropriate authority may make regulations setting specific conditions for eligibility with regard to simple programmes.F41]
F42Article 12 Information on the selection of simple programmes
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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 [F43 appropriate authority may make regulationsF43] 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 [F44 appropriate authority may make regulationsF44] laying down the detailed rules under which the proposing organisation may be authorised to implement certain parts of the programme itself. F45...
Article 14 Implementation, monitoring and control of simple programmes
1.F46... The [F47 relevant authorityF47] shall ensure that information and promotional material produced in the context of these programmes complies with [F48 retained EUF48] law.
The [F49 appropriate authority may make regulationsF49] 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. F50...
2.The [F51 relevant authoritiesF51] 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(13) and in accordance with [F52 Implementing Regulation (EU) 2015/1831 and regulations madeF52] pursuant to paragraph 1.
Article 15 Financial provisions relating to simple programmes
1.[F53 The relevant authority'sF53] financial contribution to simple programmes in the [F54 United KingdomF54] shall be 70 % of the eligible expenditure. [F53 The relevant authority'sF53] financial contribution to simple programmes [F55 outside the United KingdomF55] 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).
F563.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
4.Studies to evaluate the results of promotional and information measures in accordance with the F57... framework referred to in Article 25 shall be eligible for F58... financing under conditions similar to those governing the simple programme in question.
5.[F59 The relevant authorityF59] shall finance in full the expert fees linked to the selection of programmes F60....
6.In order to ensure the proper implementation of simple programmes, proposing organisations shall provide guarantees.
7.[F61 The relevant authorityF61] shall finance information provision and promotion measures implemented on the basis of simple programmes F62....
8.The [F63 appropriate authority may make regulationsF63] concerning the specific conditions under which costs of information provision and promotion measures, and, where necessary, administrative and staff costs, are eligible for [F64 funding under this RegulationF64] .
SECTION 3 F65... Measures implemented on the initiative of the [F66relevant authorityF66]
F67Article 16 Types of financing
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F67Article 17 Evaluation of multi programmes
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F67Article 18 Information on the implementation of multi programmes
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F67Article 19 Financial provisions relating to multi programmes
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Article 20 Procurement with regard to measures implemented on the initiative of the [F68relevant authorityF68]
Any procurement effected by the [F69 relevant authorityF69] shall be subject to the procurement rules set out in [[F70,F71 the Procurement Act 2023F71] or the Public Contracts (Scotland) Regulations 2015 , as they apply to the relevant authority concernedF70] .
Article 21 [F72Management of Public MoneyF72]
1.The [F73 relevant authorityF73] shall take appropriate measures to ensure [F74 proper management of public moneyF74] when measures financed under this section are implemented, F75... 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.
F762.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F763.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F764.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
CHAPTER III FINAL PROVISIONS
SECTION 1 Delegations of powers and implementing provisions
[F77Article 22 Regulations
1.Regulations made by the Secretary of State or the Welsh Ministers under this Regulation are to be made by statutory instrument.
2.For regulations made under this Regulation by the Scottish Ministers, see section 27 of the Interpretation and Legislative Reform (Scotland) Act 2010.
3.Any power of the Department of Agriculture, Environment and Rural Affairs to make regulations under this Regulation is exercisable by statutory rule for the purposes of the Statutory Rules (Northern Ireland) Order 1979 .
4.A statutory instrument containing regulations made by the Secretary of State under this Regulation is subject to annulment in pursuance of a resolution of either House of Parliament.
5.A statutory instrument containing regulations made by the Welsh Ministers under this Regulation is subject to annulment in pursuance of a resolution of the National Assembly for Wales.
6.Regulations made by the Scottish Ministers under this Regulation are subject to the negative procedure (see section 28 of the Interpretation and Legislative Reform (Scotland) Act 2010).
7.Regulations made by the Department of Agriculture, Environment and Rural Affairs under this Regulation are subject to negative resolution within the meaning of section 41(6) of the Interpretation Act (Northern Ireland) 1954 as if they were a statutory instrument within the meaning of that Act.
8.Regulations under this Regulation may—
(a)contain consequential, incidental, supplementary, transitional or saving provision (including provision amending, repealing or revoking enactments (which has the meaning given by section 20(1) of the European Union (Withdrawal) Act 2018));
(b)make different provision for different purposes.
9.The relevant authority must review and publish a report on the use of the powers to make regulations under Articles 5(2), 7(2), 13(1) and 15(8) at least every 5 years. Following such a review, the appropriate authority may make regulations revoking all or any of those powers.F77]
F77Article 23 Committee
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SECTION 2 Consultation, assessment and reporting
F78Article 24 Consultation
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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 [F79 appropriate authority may make regulationsF79] , laying down the F80... framework for assessing the impact of information and promotion programmes financed under this Regulation as well as a system of indicators. F81...
[F82 Proposing organisations must provide the relevant authorityF82] with all the data and information necessary to enable the impact of measures to be assessed.
F83Article 26 Report
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SECTION 3 State aid, repeal, transitional provisions, and entry into force and date of application
F84Article 27 State aid
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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.
F85Article 29 Transitional provisions
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F86Article 30 Entry into force and date of application
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F87 ...
Done at Strasbourg, 22 October 2014.
For the European Parliament
The President
M. Schulz
For the Council
The President
B. Della Vedova
ANNEX I Products referred to in point (b) of Article 5(1)
beer,
chocolate and derived products,
bread, pastry, cakes, confectionery, biscuits and other baker’s wares,
beverages made from plant extracts,
pasta,
salt,
natural gums and resins,
mustard paste,
sweetcorn,
cotton.
ANNEX II
Correlation table
as referred to in Article 28
| Regulation (EC) No 3/2008 | This Regulation |
|---|---|
| Article 1(1), first subparagraph | Article 1 |
| Article 1(1), second subparagraph | Point (a) of Article 6(1) |
| Article 1(2) | Article 4(1) and (2) |
| Article 2 | Article 3 |
| Articles 3 and 4 | Article 5 |
| Article 5 | Article 8 |
| Article 6(1) | Article 7 |
| Article 6(2) | — |
| Article 7 | — |
| Article 8 | Articles 11, 12 and 17 |
| Article 9 | — |
| Article 10 | Article 9 |
| Article 11 | Article 13 |
| Article 12(1) | — |
| Article 12(2) | Article 14 |
| Article 13(1) | Article 16(1)(b) |
| Article 13(2), first subparagraph | Articles 15(1), 15(2) and 15(3) and Article 19 |
| Article 13(2), second subparagraph | — |
| Article 13(2), third subparagraph | — |
| Article 13(3), (4) and (5) | — |
| Article 13(6) | Article 27 |
| Article 14 | Article 15(5), 15(7) and Article 16(2) |
| Articles 15 and 16 | Articles 4(3), 5(2), 7(2), 8(1), 11, 13, 14(1), 15(8), 22, 23, 25 and 29 |
| Article 17 | Article 24 |
| Article 18 | Article 26 |
| Article 19 | Article 28 |
| Article 20 | Article 30F1] |
Opinion of 30 April 2014 (not yet published in the Official Journal).
Opinion of 2 April 2014 (not yet published in the Official Journal).
Position of the European Parliament of 15 April 2014 (not yet published in the Official Journal), decision of the Council of 13 October 2014.
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 (OJ L 3, 5.1.2008, p. 1).
Regulation (EU) No 1151/2012 of the European Parliament and of the Council of 21 November 2012 on quality schemes for agricultural products and foodstuffs (OJ L 343, 14.12.2012, p. 1).
Regulation (EU) No 508/2014 of the European Parliament and of the Council of 15 May 2014 on the European Maritime and Fisheries Fund and repealing Council Regulations (EC) No 2328/2003, (EC) No 861/2006, (EC) No 1198/2006 and (EC) No 791/2007 and Regulation (EU) No 1255/2011 of the European Parliament and of the Council (OJ L 149, 20.5.2014, p. 1).
Regulation (EU) No 1379/2013 of the European Parliament and of the Council of 11 December 2013 on the common organisation of the markets in fishery and aquaculture products, amending Council Regulations (EC) No 1184/2006 and (EC) No 1224/2009 and repealing Council Regulation (EC) No 104/2000 (OJ L 354, 28.12.2013, p. 1).
Regulation (EU) No 1308/2013 of the European Parliament and of the Council of 17 December 2013 establishing a common organisation of the markets in agricultural products and repealing Council Regulations (EEC) No 922/72, (EEC) No 234/79, (EC) No 1037/2001 and (EC) No 1234/2007 (OJ L 347, 20.12.2013, p. 671).
Regulation (EU) No 182/2011 of the European Parliament and of the Council of 16 February 2011 laying down the rules and general principles concerning mechanisms for control by Member States of the Commission’s exercise of implementing powers (OJ L 55, 28.2.2011, p. 13).
Regulation (EC) No 110/2008 of the European Parliament and of the Council of 15 January 2008 on the definition, description, presentation, labelling and the protection of geographical indications of spirit drinks and repealing Council Regulation (EEC) No 1576/89 (OJ L 39, 13.2.2008, p. 16).
Council Regulation (EC) No 834/2007 of 28 June 2007 on organic production and labelling of organic products and repealing Regulation (EEC) No 2092/91 (OJ L 189, 20.7.2007, p. 1).
Regulation (EU) No 1305/2013 of the European Parliament and of the Council of 17 December 2013 on support for rural development by the European Agricultural Fund for Rural Development (EAFRD) and repealing Council Regulation (EC) No 1698/2005 (OJ L 347, 20.12.2013, p. 487).
Regulation (EU) No 1306/2013 of the European Parliament and of the Council of 17 December 2013 on the financing, management and monitoring of the common agricultural policy and repealing Council Regulations (EEC) No 352/78, (EC) No 165/94, (EC) No 2799/98, (EC) No 814/2000, (EC) No 1290/2005 and (EC) No 485/2008 (OJ L 347, 20.12.2013, p. 549).
Opinion of 30 April 2014 (not yet published in the Official Journal).
Opinion of 2 April 2014 (not yet published in the Official Journal).
Position of the European Parliament of 15 April 2014 (not yet published in the Official Journal), decision of the Council of 13 October 2014.
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 (OJ L 3, 5.1.2008, p. 1).
Regulation (EU) No 1151/2012 of the European Parliament and of the Council of 21 November 2012 on quality schemes for agricultural products and foodstuffs (OJ L 343, 14.12.2012, p. 1).
Regulation (EU) No 508/2014 of the European Parliament and of the Council of 15 May 2014 on the European Maritime and Fisheries Fund and repealing Council Regulations (EC) No 2328/2003, (EC) No 861/2006, (EC) No 1198/2006 and (EC) No 791/2007 and Regulation (EU) No 1255/2011 of the European Parliament and of the Council (OJ L 149, 20.5.2014, p. 1).
Regulation (EU) No 1379/2013 of the European Parliament and of the Council of 11 December 2013 on the common organisation of the markets in fishery and aquaculture products, amending Council Regulations (EC) No 1184/2006 and (EC) No 1224/2009 and repealing Council Regulation (EC) No 104/2000 (OJ L 354, 28.12.2013, p. 1).
Regulation (EU) No 1308/2013 of the European Parliament and of the Council of 17 December 2013 establishing a common organisation of the markets in agricultural products and repealing Council Regulations (EEC) No 922/72, (EEC) No 234/79, (EC) No 1037/2001 and (EC) No 1234/2007 (OJ L 347, 20.12.2013, p. 671).
Regulation (EU) No 182/2011 of the European Parliament and of the Council of 16 February 2011 laying down the rules and general principles concerning mechanisms for control by Member States of the Commission’s exercise of implementing powers (OJ L 55, 28.2.2011, p. 13).
Regulation (EC) No 110/2008 of the European Parliament and of the Council of 15 January 2008 on the definition, description, presentation, labelling and the protection of geographical indications of spirit drinks and repealing Council Regulation (EEC) No 1576/89 (OJ L 39, 13.2.2008, p. 16).
Council Regulation (EC) No 834/2007 of 28 June 2007 on organic production and labelling of organic products and repealing Regulation (EEC) No 2092/91 (OJ L 189, 20.7.2007, p. 1).
Regulation (EU) No 1305/2013 of the European Parliament and of the Council of 17 December 2013 on support for rural development by the European Agricultural Fund for Rural Development (EAFRD) and repealing Council Regulation (EC) No 1698/2005 (OJ L 347, 20.12.2013, p. 487).
Regulation (EU) No 1306/2013 of the European Parliament and of the Council of 17 December 2013 on the financing, management and monitoring of the common agricultural policy and repealing Council Regulations (EEC) No 352/78, (EC) No 165/94, (EC) No 2799/98, (EC) No 814/2000, (EC) No 1290/2005 and (EC) No 485/2008 (OJ L 347, 20.12.2013, p. 549).