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28.10.2011 Official
Journal
of
the
European
Union
L
281/5
COMMISSION IMPLEMENTING REGULATION (EU) No 1085/2011
of 27 October 2011
amending 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
THE EUROPEAN COMMISSION,
(5) Regulation
(EC)
No
501/2008
should
therefore
be
amended accordingly.
Having regard to the Treaty on the Functioning of the European
Union,
(6) The
measures
provided
for
in
this
Regulation
are
in
accordance with the opinion of the Management
Committee for the Common Organisation of Agricultural
Having regard to the Council Regulation (EC) No 3/2008 of
Markets,
17 December 2007 on information provision and promotion
measures for agricultural products on the internal market and in
third countries (
HAS ADOPTED THIS REGULATION:

1 ), and in particular Article 15 thereof,
Whereas:
Article 1

Regulation (EC) No 501/2008 is amended as follows:
(1) Commission
Regulation
(EC)
No
501/2008
( 2 ) provides
rules for the drawing-up, selection, implementation,
(1) in Article 4(3), the second subparagraph is replaced by the
financing and checking of programmes referred to in
following:
Article 6 of Regulation (EC) No 3/2008.
‘Messages referring to such effects must be accepted by the
(2)
To increase the efficiency of the scheme, trade and inter-
national authority responsible for public health.’;
trade organisations should be given the opportunity to
submit programmes to be implemented twice a year on
the internal market and in third countries. The
(2) in Article 8(1), the second subparagraph is replaced by the
submission and selection schedule should be adjusted
following:
in order to give another chance to programmes that
have been rejected in the previous round. To ease the
transition to a new submission and selection schedule, it
‘Trade and inter-trade organisations in the Union which are
should be provided that the schedule for the first
representative of the sectors concerned (hereinafter referred
submission of programmes in 2012 should not be
to as “proposing organisations”) shall submit their
affected by the schedule change.
programmes to the Member State no later than 30
September (“the first submission of programmes”) and 15
April (“the second submission of programmes”) each year.
(3) To
reduce
unnecessary
administrative
burden,
the
For 2012 the first submission of programmes may take
requirement to send to the Commission a number of
place until 30 November 2011.’;
documents (a copy of the contract concluded with
proposing organisations and proof that a performance
security has been lodged; a copy of the contract signed
(3) Article 11 is amended as follows:
with the implementing body; a copy of each application
for an advance payment and proof that the corre
sponding security has been lodged; and the quarterly
(a) in paragraph 1, the first subparagraph is replaced by the
reports on the implementation of the contract) should
following:
be abolished except if the Commission specifically
requests it.
‘1. Member
States
shall
send
to
the
Commission
the
list referred to in Article 9(1) including, if applicable, the
(4) It
should
be
specified
that
messages
referring
to
the
list of implementing bodies which they have selected, if
impact on health of a product must be accepted by the
these have already been selected in accordance with
national authority responsible for public health and that
Article 8(3), and a copy of each programme. It shall
the material approved by a Member State should be sent
be submitted both electronically and by post and
to the Commission.
received by the Commission no later than 30
November regarding the first submission of
( 1 ) OJ L 3, 5.1.2008, p. 1.
programmes and 15 June regarding the second
( 2 ) OJ L 147, 6.6.2008, p. 3.
submission of programmes.’;

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L 281/6
EN
Official Journal of the European Union
28.10.2011
(b) paragraph 2 is replaced by the following:
(4) in Article 16, paragraph 5 is replaced by the following:
‘2. No
later
than
31
January
regarding
the
first
‘5. A
Member
State
shall
send
to
the
Commission
upon
submission of programmes and 16 August regarding
its request and within 10 working days a copy of the
the second submission of programmes, the Commission
contract and proof that the performance security has been
shall inform the Member States concerned if it finds that
lodged.
all or part of a programme submitted does not comply
with:
A Member State shall also send to the Commission upon its
(a) the Union rules; or
request and within 10 working days a copy of the contract
concluded by the selected proposing organisation with the
implementing body. That contract shall contain the
(b) the guidelines, in the case of the internal market; or
provision that the implementing body must submit to the
checks provided for in Article 25.’;
(c) the criteria referred to in Article 9(2), in the case of
third countries.’;
(5) in Article 17(3), the first subparagraph is replaced by the
following:
(c) in paragraph 3, the second subparagraph is replaced by
the following:
‘3. The
advance
shall
be
paid
on
condition
that
the
contracting organisation lodges a security equal to 110 %
‘After checking the amended programmes the
of that advance in favour of the Member State in
Commission shall decide, no later than 30 April
accordance with Title III of Regulation (EEC) No 2220/85.
regarding the first submission of programmes and 15
The Member State shall forward to the Commission upon
November regarding the second submission of
its request and within 10 working days a copy of each
programmes, which programmes it may part-finance
application for an advance payment and proof that the
in accordance with the procedure referred to in
corresponding security has been lodged.’;
Article 16(2) of Regulation (EC) No 3/2008.’;
(6) in Article 22, paragraph 3 is replaced by the following:
(d) the following paragraph 5 is added:
‘3. A
Member
State
shall
send
to
the
Commission
upon
‘5. By
way
of
derogation
from
paragraphs
1,
2
and
3,
its request and within 10 working days a copy of the
the following deadlines are set for the first submission
quarterly reports required for intermediate payments in
of programmes in 2012:
accordance with Article 18.’;
(a) the list referred to in paragraph 1 shall be submitted
by Member States and received by the Commission
(7) in Article 23(1), the second subparagraph is replaced by the
not later than 15 February 2012;
following:
(b) the Commission shall send to the Member States the
‘They shall send to the Commission the material approved.’.
information provided in paragraph 2 by 26 April
2012; and
Article 2
(c) the Commission shall decide no later than 30 June
This Regulation shall enter into force on the third day following
2012 which programmes it may part-finance.’;
its publication in the Official Journal of the European Union.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 27 October 2011.
For the Commission
The President
José Manuel BARROSO

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