
Article 1 
Article 9 of Regulation (EC) No 3/2008 is hereby replaced by the following:
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Article 9 

1. In the absence of programmes to be carried out on the internal market for one or more of the information measures referred to in Article 2(1)(b) submitted in accordance with Article 6(1), each Member State concerned shall draw up, on the basis of the guidelines referred to in Article 5(1), a programme and its specification and shall select through a public call for tenders the implementing body for the programme it undertakes to co-finance.
2. In the absence of programmes to be carried out in third countries for one or more of the information measures referred to in Article 2(1)(a), (b) and (c), submitted in accordance with Article 6(1), each Member State concerned shall draw up, on the basis of the guidelines referred to in Article 5(2), a programme and its specification and shall select through a public call for tenders the implementing body for the programme it undertakes to co-finance.The implementing body for the programme eventually selected by the Member State(s) concerned may be an international organisation, in particular when the programme regards the promotion of the olive oil and table olive sector in third countries.
3. The Member State(s) shall submit to the Commission the programme selected in accordance with paragraphs 1 and 2, accompanied by a reasoned opinion including:
(a) the desirability of the programme;
(b) the conformity of the programme and the proposed body with this Regulation and, where necessary, with the applicable guidelines;
(c) an assessment of the programme’s value for money;
(d) the choice of the implementing body for the programme.
4. For the purposes of the Commission’s examination of the programmes, Article 7(2) and Article 8(1) shall apply.
5. In accordance with the procedure referred to in Article 16(2), the Commission may set lower or higher limits to the actual costs of the programmes submitted in line with paragraph 3 of this Article. These limits may be adjusted according to the type of programmes concerned. The criteria applied may be defined in accordance with the procedure referred to in Article 16(2).'
Article 2 
This Regulation shall enter into force on the seventh day following 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, 19 February 2009.
For the Council
The President
M. ŘÍMAN