F1CHAPTER IIIMPLEMENTATION OF INFORMATION PROVISION AND PROMOTION MEASURES

SECTION 1Common provisions

Article 6Types 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 F2relevant authority 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) F3....

F44.

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Article 7Proposing organisations

1.

A programme may be proposed by:

(a)

trade or inter-trade organisations, established in F5the United Kingdom and representative of the sector or sectors concerned in F6the United Kingdom or a constituent nation, 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 F7United Kingdom representative of the sector or sectors concerned at F8United Kingdom or constituent nation 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 F9in the United Kingdom;

(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 F10relevant authority, with a clearly defined public service mission in this area; those bodies must have been legally established in the F11United Kingdom at least two years prior to the date of the call for proposals referred to in Article 8(2).

2.

The F12appropriate authority may make regulations, 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 8Annual work programme

1.

The F13relevant authority may publish 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 F14... financial contribution. F15...

F162.

Following publication of the work programme, the appropriate authority may issue a call for proposals for simple programmes to implement the work programme.

Article 9Measures on the initiative of the F17relevant authority

1.

The F18relevant authority 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 F19United Kingdom products.

2.

The F20relevant authority may 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 F21outside the United Kingdom; and

(c)

improving knowledge of F22... rules concerning programme development and implementation.

F23Article 10Prohibition on double funding

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SECTION 2Implementation and management of simple programmes

F24Article 11Selection 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.

F25Article 12Information on the selection of simple programmes

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Article 13Bodies 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 F26appropriate authority may make regulations 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 F27appropriate authority may make regulations laying down the detailed rules under which the proposing organisation may be authorised to implement certain parts of the programme itself. F28...

Article 14Implementation, monitoring and control of simple programmes

1.

F29... The F30relevant authority shall ensure that information and promotional material produced in the context of these programmes complies with F31retained EU law.

The F32appropriate authority may make regulations 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. F33...

2.

The F34relevant authorities 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 Council15 and in accordance with F35Implementing Regulation (EU) 2015/1831 and regulations made pursuant to paragraph 1.

Article 15Financial provisions relating to simple programmes

1.

F36The relevant authority's financial contribution to simple programmes in the F37United Kingdom shall be 70 % of the eligible expenditure. F36The relevant authority's financial contribution to simple programmes F38outside the United Kingdom 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).

F393.

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4.

Studies to evaluate the results of promotional and information measures in accordance with the F40... framework referred to in Article 25 shall be eligible for F41... financing under conditions similar to those governing the simple programme in question.

5.

F42The relevant authority shall finance in full the expert fees linked to the selection of programmes F43....

6.

In order to ensure the proper implementation of simple programmes, proposing organisations shall provide guarantees.

7.

F44The relevant authority shall finance information provision and promotion measures implemented on the basis of simple programmes F45....

8.

The F46appropriate authority may make regulations concerning the specific conditions under which costs of information provision and promotion measures, and, where necessary, administrative and staff costs, are eligible for F47funding under this Regulation.

SECTION 3F48... Measures implemented on the initiative of the F49relevant authority

F50Article 16Types of financing

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F50Article 17Evaluation of multi programmes

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F50Article 18Information on the implementation of multi programmes

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F50Article 19Financial provisions relating to multi programmes

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Article 20Procurement with regard to measures implemented on the initiative of the F51relevant authority

Any procurement effected by the F52relevant authority shall be subject to the procurement rules set out in F53F54the Procurement Act 2023 or the Public Contracts (Scotland) Regulations 2015 , as they apply to the relevant authority concerned.

Article 21F55Management of Public Money

1.

The F56relevant authority shall take appropriate measures to ensure F57proper management of public money when measures financed under this section are implemented, F58... 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.

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F593.

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F594.

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