Common Market Organisation Regulation

02013R1308-20160731 → 02013R1308-20170801

Article 22 Target group Aid schemes The aid scheme intended to improve the distribution of agricultural products and improving children's eating habits are is aimed at children who regularly attend nurseries, pre-schools or primary or secondary-level educational establishments which are administered or recognised by the competent authorities of Member States.

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before (02013R1308-20160731)

Article 23
Aid for the supply of fruit and vegetables, processed fruit and vegetables and banana products to children
1. Union aid shall be granted for:
(a) the supply to children in the educational establishments referred to in Article 22 of products of the fruit and vegetables, processed fruit and vegetables, and bananas sectors; and
(b) certain related costs linked to logistics and distribution, equipment, publicity, monitoring, evaluation and accompanying measures.
2. Member States wishing to participate in the scheme shall draw up, at national or regional level, a prior strategy for its implementation. They shall also provide for the accompanying measures necessary to make the scheme effective, which may include information on measures for education about healthy eating habits, about local food chains and about combating food wastage.
3. When drawing up their strategies, Member States shall draw up a list of products of the fruit and vegetables, processed fruit and vegetables, and bananas sectors that will be eligible under their respective schemes. This list shall not include products that are listed in Annex V.
However, in duly justified cases, such as where a Member State wants to ensure a broad assortment of products under its scheme or wants to make its scheme more attractive, its strategy may provide that such products may become eligible if only limited amounts of the substances referred to in that Annex are added.
Member States shall ensure that their competent health authorities endorse the list of such products that are eligible under their scheme.
Member States shall choose their products on the basis of objective criteria which may include health and environmental considerations, seasonality, variety or availability of produce, giving priority, as far as practicable, to products originating in the Union, and particularly to local purchasing, local markets, short supply chains or environmental benefits.
4. Measures on fixing the Union aid referred to in paragraph 1 shall be taken by the Council in accordance with Article 43(3) TFEU.
5. The Union aid referred to in paragraph 1 shall be allocated to each Member State on the basis of objective criteria based on their proportion of six- to ten-year old children.
Member States participating in the scheme shall apply every year for Union aid on the basis of their strategy referred to in paragraph 2.
Measures on fixing the minimum amount of Union aid for each Member State participating in the scheme and on the indicative and definitive allocations of aid to Member States shall be taken by the Council in accordance with Article 43(3) TFEU.
6. Union aid provided for in paragraph 1 shall not be used to replace funding for any existing national school fruit schemes providing fruit and vegetables, processed fruit and vegetables, and bananas or other school distribution schemes that include such products.
However, if a Member State already has a scheme in place that would be eligible for Union aid under this Article and intends to extend it or make it more effective, including as regards the target group of the scheme, its duration or eligible products, Union aid may be granted provided that the limits set out in accordance with Article 43(3) TFEU are respected as regards the proportion of Union aid to the total national contribution. In such a case, the Member State shall indicate in its implementation strategy how it intends to extend its scheme or make it more effective.
7. Member States may, in addition to Union aid, grant national aid in accordance with Article 217.
8. The Union school fruit and vegetables scheme shall be without prejudice to any separate national school fruit and vegetables schemes which are compatible with Union law.
9. The Union may also finance, under Article 6 of Regulation (EU) No 1306/2013, information, monitoring and evaluation measures relating to the school fruit and vegetables scheme, including measures raising public awareness of it, and related networking measures.
10. Member States participating in the scheme shall publicise, at the places where the food is distributed, their involvement in the aid scheme and the fact that it is subsidised by the Union.

after (02013R1308-20170801)

Article 23
Aid for the supply of school fruit and vegetables and of school milk, accompanying educational measures and related costs
1. Union aid shall be granted in respect of children in the educational establishments referred to in Article 22:
(a) for the supply and distribution of eligible products referred to in paragraphs 3, 4 and 5 of this Article;
(b) for accompanying educational measures; and
(c) to cover certain related costs linked to equipment, publicity, monitoring and evaluation, and, insofar as those costs are not covered by point (a) of this subparagraph, logistics and distribution.
The Council shall, in accordance with Article 43(3) TFEU, lay down limits for the proportion of Union aid covering measures and costs referred to in points (b) and (c) of the first subparagraph of this paragraph.
2. For the purposes of this Section:
(a) school fruit and vegetables means the products referred to in point (a) of paragraph 3 and point (a) of paragraph 4;
(b) school milk means the products referred to in point (b) of paragraph 3 and point (b) of paragraph 4, as well as the products referred to in Annex V.
3. Member States wishing to participate in the aid scheme established pursuant to paragraph 1 (the school scheme) and requesting the corresponding Union aid shall, taking into account national circumstances, prioritise the distribution of products of either or both of the following groups:
(a) fruit and vegetables and fresh products of the banana sector;
(b) drinking milk and lactose-free versions thereof.
4. Notwithstanding paragraph 3, in order to promote the consumption of specific products and/or to respond to particular nutritional needs of children in their territory, Member States may provide for the distribution of products of either or both of the following groups:
(a) processed fruit and vegetable products, in addition to the products referred to in point (a) of paragraph 3;
(b) cheese, curd, yoghurt and other fermented or acidified milk products without added flavouring, fruit, nuts or cocoa, in addition to the products referred to in point (b) of paragraph 3.
5. In cases where Member States consider it necessary for the attainment of the objectives of the school scheme and the goals stated in the strategies referred to in paragraph 8, they may supplement the distribution of products referred to in paragraphs 3 and 4 with products listed in Annex V.
In such cases, the Union aid shall be paid only for the milk component of the distributed product. That milk component shall not be lower than 90 % by weight for products of Category I of Annex V and 75 % by weight for products of Category II of Annex V.
The level of Union aid for the milk component shall be fixed by the Council in accordance with Article 43(3) TFEU.
6. Products distributed under the school scheme shall not contain any of the following:
(a) added sugars;
(b) added salt;
(c) added fat;
(d) added sweeteners;
(e) added artificial flavour enhancers E 620 to E 650 as defined in Regulation (EC) No 1333/2008 of the European Parliament and of the Council
Regulation (EC) No 1333/2008 of the European Parliament and of the Council of 16 December 2008 on food additives (OJ L 354, 31.12.2008, p. 16)..
Notwithstanding the first subparagraph of this paragraph, any Member State may, after obtaining the appropriate authorisation from its national authorities responsible for health and nutrition in accordance with its national procedures, decide that eligible products referred to in paragraphs 4 and 5 may contain limited quantities of added sugar, added salt and/or added fat.
7. In addition to products referred to in paragraphs 3, 4 and 5 of this Article, Member States may provide for the inclusion of other agricultural products under the accompanying educational measures, in particular those listed in points (g) and (v) of Article 1(2).
8. As a condition for its participation in the school scheme, a Member State shall draw up, prior to its participation in the school scheme, and subsequently every six years, at national or regional level, a strategy for the implementation of the scheme. The strategy may be amended by the authority responsible for drawing it up at national or regional level, in particular in the light of monitoring and evaluation and of the results achieved. The strategy shall at least identify the needs to be met, the ranking of the needs in terms of priorities, the target group, the results expected to be achieved and, if available, the quantified targets to be attained in relation to the initial situation, and lay down the most appropriate instruments and actions for attaining those objectives.
The strategy may contain specific elements relating to the implementation of the school scheme, including those intended to simplify its management.
9. Member States shall determine in their strategies the list of all the products to be supplied under the school scheme either through regular distribution or under accompanying educational measures. Without prejudice to paragraph 6, they shall also ensure the appropriate involvement of their national authorities responsible for health and nutrition in drawing up that list, or the appropriate authorisation by those authorities of that list, in accordance with national procedures.
10. Member States shall, in order to make the school scheme effective, also provide for accompanying educational measures, which may include, inter alia, measures and activities aimed at reconnecting children with agriculture through activities, such as farm visits, and the distribution of a wider variety of agricultural products as referred to in paragraph 7. Those measures may also be designed to educate children about related issues, such as healthy eating habits, local food chains, organic farming, sustainable production or combating food waste.
11. Member States shall choose the products to be featured in distribution or to be included in accompanying educational measures on the basis of objective criteria which shall include one or more of the following: health and environmental considerations, seasonality, variety and the availability of local or regional produce, giving priority to the extent practicable to products originating in the Union. Member States may encourage in particular local or regional purchasing, organic products, short supply chains or environmental benefits and, if appropriate, products recognised under the quality schemes established by Regulation (EU) No 1151/2012.
Member States may consider, in their strategies, prioritising sustainability and fair-trade considerations.

inserted text (02013R1308-20170801)

Article 23a
Financing provisions
1. Without prejudice to paragraph 4 of this Article, the aid under the school scheme allocated for the distribution of products, the accompanying educational measures and the related costs referred to in Article 23(1) shall not exceed EUR 250 million per school year.
Within that overall limit, the aid shall not exceed:
(a) for school fruit and vegetables: EUR 150 million per school year;
(b) for school milk: EUR 100 million per school year.
2. The aid referred to in paragraph 1 shall be allocated to each Member State taking into account the following:
(a) the number of six- to ten-year-old children in the Member State concerned;
(b) the degree of development of the regions within the Member State concerned so as to ensure that higher aid is allocated to less developed regions and to the smaller Aegean Islands within the meaning of Article 1(2) of Regulation (EU) No 229/2013; and
(c) for school milk, in addition to the criteria referred to in points (a) and (b), the historical use of the Union aid for the supply of milk and milk products to children.
The allocations for the Member States concerned shall ensure that higher aid is allocated to the outermost regions listed in Article 349 TFEU in order to take into account the specific situation of those regions in the sourcing of products and to promote such sourcing between outermost regions that are in geographical proximity to each other.
The allocations for school milk resulting from the application of the criteria laid down in this paragraph shall ensure that all Member States are entitled to receive at least a minimum amount of Union aid per child in the age group referred to in point (a) of the first subparagraph. That amount shall not be lower than the average use of Union aid per child across all Member States under the school milk scheme which applied prior to 1 August 2017.
Measures on the fixing of indicative and definitive allocations and on reallocation of Union aid for school fruit and vegetables and for school milk shall be taken by the Council in accordance with Article 43(3) TFEU.
3. Member States wishing to participate in the school scheme shall submit every year their request for Union aid, specifying the amount requested for the school fruit and vegetables and the amount requested for the school milk that they wish to distribute.
4. Without exceeding the overall limit of EUR 250 million laid down in paragraph 1, any Member State may transfer once per school year up to 20 % of either one or the other of its indicative allocations.
That percentage may be increased up to 25 % for the Member States with outermost regions listed in Article 349 TFEU and in other duly justified cases, such as where a Member State needs to address a specific market situation in the sector covered by the school scheme, its particular concerns regarding low consumption of either one of the groups of products, or other societal changes.
Transfers may be made either:
(a) prior to the fixing of definitive allocations for the following school year, between the Member State's indicative allocations; or
(b) after the start of school year, between the Member State's definitive allocations, where such allocations have been set for the Member State in question.
The transfers referred to in point (a) of the third subparagraph may not be made from the indicative allocation for the group of products for which the Member State concerned requests an amount exceeding its indicative allocation. Member States shall notify to the Commission the amount of any transfers between indicative allocations.
5. The school scheme shall be without prejudice to any separate national school schemes which are compatible with Union law. Union aid provided for in Article 23 may be used to extend the scope or effectiveness of any existing national school schemes or school distribution schemes providing school fruit and vegetables and school milk but shall not replace funding for those existing national schemes, except for free distribution of meals to children in educational establishments. If a Member State decides to extend the scope of an existing national school scheme or to make it more effective by requesting Union aid, it shall indicate in the strategy referred to in Article 23(8) how this will be achieved.
6. Member States may, in addition to Union aid, grant national aid for the financing of the school scheme.
Member States may finance that aid by means of a levy on the sector concerned or by means of any other contribution from the private sector.
7. The Union may also finance, pursuant to Article 6 of Regulation (EU) No 1306/2013, information, publicity, monitoring and evaluation measures relating to the school scheme, including measures to raise public awareness of the scheme's objectives, and related networking measures aimed at exchanging experience and best practices in order to facilitate the implementation and management of the scheme.
The Commission may develop, in accordance with Article 24(4) of this Regulation, a common identifier or graphic elements to enhance the visibility of the school scheme.
8. Member States participating in the school scheme shall publicise, at school premises or other relevant places, their involvement in the scheme and the fact that it is subsidised by the Union. Member States may use any suitable publicity tools, which may include posters, dedicated websites, informative graphic material, and information and awareness-raising campaigns. Member States shall ensure the added value and the visibility of the Union school scheme in relation to the provision of other meals in educational establishments.

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before (02013R1308-20160731)

Article 24
Delegated powers
1. In order to promote the healthy eating habits of children and to ensure that the aid is aimed at children in the target group referred to in Article 22, the Commission shall be empowered to adopt delegated acts in accordance with Article 227 concerning rules on:
(a) the additional criteria related to the targeting of aid by Member States;
(b) the approval and selection of aid applicants by Member States;
(c) the drawing-up of the national or regional strategies and on accompanying measures.
2. In order to ensure the efficient and targeted use of Union funds, the Commission shall be empowered to adopt delegated acts in accordance with Article 227 concerning:
(a) the method for reallocating the indicative allocation of aid referred to in Article 23(5) between Member States on the basis of requests for aid received;
(b) the costs in Member States' strategies that are eligible for Union aid and the possibility of fixing an overall ceiling for specific costs;
(c) the obligation for Member States to monitor and evaluate the effectiveness of their school fruit and vegetables schemes.
3. In order to promote awareness of the scheme, the Commission shall be empowered to adopt delegated acts in accordance with Article 227 requiring Member States with a school fruit and vegetables scheme to publicise the subsidising role of the Union aid.

after (02013R1308-20170801)

Article 24
Delegated powers
1. In order to promote the healthy eating habits of children and to ensure that the aid under the school scheme is aimed at children in the target group referred to in Article 22, the Commission shall be empowered to adopt delegated acts in accordance with Article 227 concerning rules on:
(a) the additional criteria related to the eligibility of the target group referred to in Article 22;
(b) the approval and selection of aid applicants by Member States;
(c) the drawing up of the national or regional strategies and on the accompanying educational measures.
2. In order to ensure the efficient and targeted use of Union funds and to facilitate the implementation of the school scheme, the Commission shall be empowered to adopt delegated acts in accordance with Article 227 concerning:
(a) the identification of costs and measures that are eligible for Union aid;
(b) the obligation for Member States to monitor and evaluate the effectiveness of their school scheme.
3. In order to take account of scientific developments, the Commission shall be empowered to adopt delegated acts in accordance with Article 227 in order to supplement the list of artificial flavour-enhancers referred to in point (e) of the first subparagraph of Article 23(6).
In order to ensure that products distributed in accordance with Article 23(3), (4) and (5) meet the objectives of the school scheme, the Commission shall be empowered to adopt delegated acts in accordance with Article 227 in order to define the maximum levels for added sugar, added salt and added fat which may be allowed by Member States under the second subparagraph of Article 23(6) and which are technically necessary to prepare or manufacture processed products.
4. In order to promote awareness of the school scheme and to increase the visibility of Union aid, the Commission shall be empowered to adopt delegated acts in accordance with Article 227 requiring the Member States participating in the school scheme to clearly publicise the fact that they are receiving Union support to implement the scheme, including in relation to:
(a) if appropriate, the establishment of specific criteria regarding the presentation, composition, size and design of the common identifier or graphic elements;
(b) the specific criteria related to the use of publicity tools.
5. In order to ensure the added value and the visibility of the school scheme, the Commission shall be empowered to adopt delegated acts in accordance with Article 227 in respect of the rules concerning the distribution of products in relation to the provision of other meals in educational establishments.
6. Taking into account the need to ensure that the Union aid is reflected in the price at which the products are available under the school scheme, the Commission shall be empowered to adopt delegated acts in accordance with Article 227 requiring Member States to explain in their strategies how this will be achieved.

02013R1308-20160731 → 02013R1308-20170801

Article 25 Implementing powers in accordance with the examination procedure The Commission may may, by means of implementing acts, adopt implementing acts laying down the measures necessary for the application of this Subsection, including: Section, including those concerning: (a) the information to be contained in Member States' strategies; (b) the aid applications and payments; payments, including the simplification of procedures resulting from the common framework for the school scheme; (c) the methods of publicising, and networking measures in respect of, the school scheme; (d) the submission, format and content of annual requests for aid, monitoring and evaluation reports by Member States participating in the Union school fruit scheme; (e) the application of Article 23a(4), including on the deadlines for the transfers and vegetables scheme. on the submission, format and content of transfer notifications. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 229(2).

deleted text (02013R1308-20160731)

Article 26
Aid for the supply of milk and milk products to children
1. Union aid shall be granted for supplying to children in educational establishments referred to in Article 22 certain milk and processed milk products falling within CN codes 0401, 0403, 040490 and 0406 or CN code 220290.
2. From 1 August 2015, Member States, at national or regional level, wishing to participate in the scheme shall have a prior strategy for its implementation. They may also provide for the accompanying measures, which may include information on measures for education about healthy eating habits, about local food chains and about combating food wastage, that are necessary to make the programme effective.
3. When drawing up their strategies, Member States shall draw up a list of milk and milk products that will be eligible under their respective schemes, in accordance with the rules adopted by the Commission pursuant to Article 27.
4. Except for free distribution of meals to children in educational establishments, Union aid referred to in paragraph 1 shall not be used to replace funding for any existing national milk and milk products schemes or other school distribution schemes that include milk or milk products. However, if a Member State already has a scheme in place that would be eligible for Union aid under this Article and intends to extend it or make it more effective, including as regards the target group of the scheme, its duration or eligible products, Union aid may be granted. In such a case, the Member State shall indicate in its implementation strategy how it intends to extend its scheme or make it more effective.
5. Member States may, in addition to Union aid, grant national aid in accordance with Article 217.
6. The Union school milk and milk products scheme shall be without prejudice to any separate national school schemes to encourage the consumption of milk and milk products that are compatible with Union law.
7. Measures on fixing the Union aid for all milk and milk products and the maximum quantity eligible for Union aid provided for in paragraph 1 shall be taken by the Council in accordance with Article 43(3) TFEU.
8. Member States participating in the scheme shall publicise, at the places where the food is distributed, their involvement in the aid scheme and the fact that it is subsidised by the Union.

deleted text (02013R1308-20160731)

Article 27
Delegated powers
1. In order to take into account the evolution in consumption patterns for dairy products, the innovations and developments on the dairy products market, the availability of products on the different markets of the Union, and nutritional aspects, the Commission shall be empowered to adopt delegated acts in accordance with Article 227 determining:
(a) the products that are eligible for the scheme, in accordance with the provisions laid down in Article 26(1) and taking into account nutritional aspects;
(b) the drawing up of the national or regional strategies by Member States, including accompanying measures where applicable; and
(c) measures necessary for monitoring and evaluation.
2. In order to ensure the efficient and effective use of Union aid, the Commission shall be empowered to adopt delegated acts in accordance with Article 227 concerning:
(a) rules on the eligibility for the aid of beneficiaries and applicants;
(b) the requirement for the applicants to be approved by the Member States;
(c) the use of dairy products benefiting from the aid in the preparation of meals in educational establishments.
3. In order to ensure that aid applicants respect their obligations, the Commission shall be empowered to adopt delegated acts in accordance with Article 227 concerning the requirement to lodge a security where an advance of aid is paid.
4. In order to promote awareness of the aid scheme, the Commission shall be empowered to adopt delegated acts in accordance with Article 227 specifying the conditions in accordance with which Member States are to publicise their participation in the aid scheme and the fact that it is subsidised by the Union.
5. In order to ensure that the aid is reflected in the price at which the products are available under the scheme, the Commission shall be empowered to adopt delegated acts in accordance with Article 227 laying down rules on the establishment of price monitoring under the scheme.

deleted text (02013R1308-20160731)

Article 28
Implementing powers in accordance with the examination procedure
The Commission may adopt implementing acts laying down the measures necessary for the application of this Subsection including on:
(a) the procedures to ensure the respect of the maximum quantity eligible for the aid;
(b) the procedures for, and the amount of, the security to be lodged where an advance payment is made;
(c) the information to be supplied to Member States for approval of applicants, aid applications and payments;
(d) the methods of publicising the scheme;
(e) the management of price monitoring pursuant to Article 27(5).
Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 229(2).

02013R1308-20160731 → 02013R1308-20170801

Article 217 National payments for the distribution of products to children Member States may, in addition to Union aid provided for in Articles 23 and 26, may make national payments for supplying the products to children in educational establishments or the groups of eligible products referred to in Article 23, for accompanying educational measures related to such products and for the related costs referred to in point (c) of Article 23(1). Member States may finance those payments by means of a levy on the sector concerned or by means of any other contribution from the private sector. Member States may, in addition to Union aid provided for in Article 23, make national payments for financing accompanying measures necessary to make the Union scheme for the supply of fruit and vegetable, processed fruit and vegetable and banana products effective, as referred to in Article 23(2).

02013R1308-20160731 → 02013R1308-20170801

Article 225 Reporting obligation of the Commission The Commission shall present a report to the European Parliament and to the Council: (a) every three years and for the first time by21 December 2016 the implementation of the measures concerning the apiculture sector as set out in Articles 55, 56 and 57, including on the latest developments on beehive identification systems; (b) by 30 June 2014 and also by 31 December 2018, on the development of the market situation in the milk and milk products sector, and in particular on the operation of Articles 148 to 151, Article 152(3) and Article 157(3), assessing in particular the effects on milk producers and milk production in disadvantaged regions in connection with the general objective of maintaining production in such regions, and covering potential incentives to encourage farmers to enter into joint production agreements, together with any appropriate proposals; (c) by 31 December 2014, on the possibility of extending the scope of the school schemes to include olive oil and table olives; (d) by 31 December 2017, on the application of the competition rules to the agricultural sector in all Member States, in particular on the operation of Articles 209 and 210, and of Articles 169, 170 and 171 in the sectors concerned. concerned; (e) by 31 July 2023, on the application of the allocation criteria referred to in Article 23a(2); (f) by 31 July 2023, on the impact of the transfers referred to in Article 23a(4) on the effectiveness of the school scheme in relation to the distribution of school fruit and vegetables and school milk.

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before (02013R1308-20160731)

ANNEX V
LIST OF PRODUCTS EXCLUDED FROM A SCHOOL FRUIT AND VEGETABLES SCHEME THAT IS CO-FINANCED WITH UNION AID REFERRED TO IN ARTICLE 23(3)
Products with any of the following:
added sugar,
added fat,
added salt,
added sweeteners.

after (02013R1308-20170801)

ANNEX V
PRODUCTS REFERRED TO IN ARTICLE 23(5)
Category I
Fermented milk products without fruit juice, naturally flavoured
Fermented milk products with fruit juice, naturally flavoured or non-flavoured
Milk-based drinks with cocoa, with fruit juice or naturally flavoured
Category II
Fermented or non-fermented milk products with fruit, naturally flavoured or non-flavoured.