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18.1.2013 Official
Journal
of
the
European
Union
L
14/7
COMMISSION IMPLEMENTING REGULATION (EU) No 30/2013
of 17 January 2013
amending Regulation (EC) No 288/2009 laying down detailed rules for applying Council Regulation
(EC) No 1234/2007 as regards the Community aid for supplying fruit and vegetables, processed fruit
and vegetables and banana products to children in educational establishments, in the framework of
a School Fruit Scheme and derogating from Regulation (EC) No 288/2009
THE EUROPEAN COMMISSION,
Commission of information and documents in imple
mentation of the common organisation of the markets,
Having regard to the Treaty on the Functioning of the European
the direct payments’ regime, the promotion of agri
Union,
cultural products and the regimes applicable to the
outermost regions and the smaller Aegean islands ( 3 ).
Having regard to the Treaty of Accession of the Republic of
Croatia, and in particular Article 3(4) thereof,
(4) Annex
II
to
Regulation
(EC)
No
288/2009
sets
the
amounts of indicative allocations of Union aid per
Member State. That Annex needs to be adapted in view
Having regard to the Act of Accession of the Republic of
of the accession of Croatia to the European Union.
Croatia, and in particular Article 50 thereof,
(5) Regulation
(EC)
No
288/2009
should
therefore
be
Having regard to Council Regulation (EC) No 1234/2007 of
amended accordingly.
22 October 2007 establishing a common organisation of agri
cultural markets and on specific provisions for certain agri
(6) To
take
into
account
the
accession
of
Croatia,
specific
cultural products (Single CMO Regulation) ( 1 ), and in particular
rules should be laid down as regards the implementation
Article 103h(f) in conjunction with Article 4 thereof,
of Regulation (EC) No 288/2009 in the school year
2013/14. In particular, the date for the submission of
Whereas:
the national strategy and the aid application by Croatia
needs to be fixed and a specific procedure should be
established to take into account the timing of the
(1) Article
4 of Commission Regulation (EC) No
Commission Decision fixing the definitive allocation of
288/2009 ( 2 ) lays down detailed rules on the allocation
Union aid to the Member States and the foreseen date of
of Union aid per Member State setting up a School Fruit
the accession of Croatia. Exceptionally, due to the timing
Scheme. In particular, it provides for indicative allocation
constraints derived from the need to set the definitive
amounts for each Member State calculated on the basis
allocation of Union aid for all Member States well
of the number of six- to ten-year-old children. Bearing in
before the beginning of the school year, the Commission,
mind the levels of execution of the programme recorded
when setting the definitive allocations as referred to in
during the first three years and in order to ensure an
Article 4(4) of Regulation (EC) No 288/2009 should have
appropriate use of Union funds, it is necessary to provide
regard to any advance voluntary notification by Croatia
for a mechanism linked to the performance of Member
of its strategy and aid application where such
States which would limit the amount of the aid requested
information is received by 31 January.
above the amount of their indicative allocation.


(7) The
measures
provided
for
in
this
Regulation
are
in
(2) Article
12
of
Regulation
(EC)
No
288/2009
provides
for
accordance with the opinion of the Management
the monitoring of the implementation of the Member
Committee for the Common Organisation of Agricultural
States’ School Fruit Scheme on an annual basis. In
Markets,
order to clarify the obligations of Member States with
regard to the evaluation of their School Fruit Scheme, it
is necessary to specify that national evaluations have to
HAS ADOPTED THIS REGULATION:
assess also the impact of the Scheme on children’s eating
habits.
Article 1
Amendment of Regulation (EC) No 288/2009
(3) The
Commission
has
developed
an
information
system
that allows managing documents and procedures elec
Regulation (EC) No 288/2009 is amended as follows:
tronically in its own internal working procedures and
in its relations with the authorities involved in the
(1) Article 4 is amended as follows:
common agricultural policy. It is considered that
several notification obligations provided for in Regulation
(EC) No 288/2009 can be fulfilled via that system in
(a) paragraph 1 is replaced by the following:
accordance with Commission Regulation (EC) No
792/2009 of 31 August 2009 laying down detailed
‘1. Member States setting up a School Fruit Scheme
rules for the Member States’ notification to the
may apply for the aid referred to in Article 103ga of
Regulation (EC) No 1234/2007 for one or more periods
( 1 ) OJ L 299, 16.11.2007, p. 1.
( 2 ) OJ L 94, 8.4.2009, p. 38.
( 3 ) OJ L 228, 1.9.2009, p. 3.

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L 14/8
EN
Official Journal of the European Union
18.1.2013
running from 1 August to 31 July, by notifying the
(c) when the execution of the allocation is higher than
Commission of their strategy by 31 January of the
75 % of the final allocation, the maximum
year in which the first period starts.
additional allocation shall not be capped.
The strategy shall be accompanied by an aid application
___________
which shall contain the following information:
(*) OJ L 171, 23.6.2006, p. 1.’;
(a) indicative allocation of aid referred to in paragraph
(2) in Article 10(1), point (c) is replaced by the following:
3 and set out in Annex II to this Regulation,
expressed in EUR;
‘(c) the number of children in regular attendance in the
respective educational establishments entitled to receive
(b) capacity to use more than the indicative allocation
the products covered by the Member State’s School Fruit
referred to in paragraph 3 and set out in Annex II;
Scheme during the period covered by the aid appli
cation;’;
(c) where no capacity to use additional funds is
(3) in Article 12(2), the first sentence is replaced by the
indicated as provided for under point (b), the allo
following:
cation requested, expressed in EUR, must be spec
ified;
‘Member States shall evaluate the implementation of their
School Fruit Scheme and assess its effectiveness, including
(d) where a capacity to use additional funds is indicated
its impact on children’s eating habits.’;
as provided for under point (b), maximum
additional allocation requested, expressed in EUR,
(4) Article 15 is replaced by the following:
must be specified;
‘Article 15
(e) total budget requested.
Notifications
1. Member
States
shall
notify
the
Commission,
by
30
The aid application shall be submitted in accordance
November of the year in which the period mentioned in
with Commission Regulation (EC) No 792/2009 (*).
Article 4(1) ends, of:
___________
(a) the results of the monitoring exercise, as provided for in
(*) OJ L 228, 1.9.2009, p. 3.’;
Article 12(1);
(b) the on-the-spot checks carried out pursuant to Articles
(b) in paragraph 4, the second subparagraph is replaced by
13 and 16 and the related findings.
the following:
‘The reallocation of Union aid referred to in the first
2. Where a Member State changes the strategy referred
subparagraph shall be implemented in proportion to the
to in Article 3, it shall notify the Commission of its new
initial indicative allocation set out in Annex II but
strategy, at the latest by 31 January of the following year.
within the limits fixed in paragraph 5. However, the
limits fixed in paragraph 5 shall not apply during the
3. The
notifications
referred
to
in
this
Regulation
shall
be
first two school years of application of the scheme by a
made in accordance with Regulation (EC) No 792/2009.
Member State.’;
(c) the following paragraph 5 is added:
4. The
Commission
shall
publish
the
Member
States’
strategies and the results of their monitoring and evaluation
‘5. The
reallocation
shall
be
limited
by
the
level
of
exercise on a regular basis.’;
execution of the allocation for the school year having
ended prior to the aid application, as established on 15
October of the following school year. This shall be
(5) Annex II is replaced by the text set out in the Annex to this
established on the basis of the declarations of expen
Regulation;
diture sent to the Commission in accordance with
Article 4 of Commission Regulation (EC) No
(6) Annex IIa is deleted.
883/2006 (*). The limits shall be as follows:
Article 2
(a) when the execution of the allocation is below or
equal to 50 % of the final allocation, no additional
Specific rules for the school year 2013/14
allocation shall be granted;
1. By
way
of
derogation
from
Article
4(4)
of
Regulation
(EC)
(b) when the execution of the allocation is higher than
No 288/2009 in conjunction with Annex II thereto, for the
50 % but lower or equal to 75 % of the final allo
school year 2013/14, the Commission shall decide on the
cation, the maximum additional allocation shall be
definitive allocation of the Union aid as referred to in the
capped at 50 % of the indicative allocation;
third subparagraph of Article 4(4) taking due account of any

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EN
18.1.2013 Official
Journal
of
the
European
Union
L
14/9
advance information submitted, in view of and subject to the
Article 3
entry into force of the Treaty of Accession of Croatia, by
Croatia of its strategy and aid application where such
Entry into force and application
information is provided on a voluntary basis by 31 January.
This Regulation shall enter into force on the seventh day
following that of its publication in the Official Journal of the
2. By
way
of
derogation
from
Article
4(1)
of
Regulation
(EC) European Union.
No 288/2009, for the school year 2013/14, Croatia will notify
its strategy and aid by 10 July 2013 and, by way of derogation
from Article 4(4) of that Regulation, the Commission shall
Articles 1(5) and 2(2) shall enter into force subject to and on
decide on the definitive allocation of aid for Croatia by
the date of the entry into force of the Treaty of Accession of
31 July 2013.
Croatia.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 17 January 2013.
For the Commission
The President
José Manuel BARROSO

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L 14/10
EN
Official Journal of the European Union
18.1.2013
ANNEX
‘ANNEX II
Indicative allocation of Community aid per Member State
Member State
Co-financing rate
Children 6-10
(in %)
abs. numbers
EUR
Austria 50 439
035 1
303
700
Belgium 50 592
936 1
760
700
Bulgaria 75 320
634 1
428
200
Croatia 75 249
197 1
110
000
Cyprus 50 49
723 175
000
Czech Republic 73 454
532 1
963
100
Denmark 50 343
807 1
020
900
Estonia 75 62
570 278
700
Finland 50 299
866 890
500
France 51 3
838
940 11
632
700
Germany 52 3
972
476 12
333
000
Greece 59 521
233 1
837
700
Hungary 69 503
542 2
051
800
Ireland 50 282
388 838
500
Italy 58 2
710
492 9
403
100
Latvia 75 99
689 444
100
Lithuania 75 191
033 850
900
Luxembourg 50 29
277 175
000
Malta 75 24
355 175
000
Netherlands 50 985
163 2
925
400
Poland 75 2
044
899 9
108
500
Portugal 68 539
685 2
172
300
Romania 75 1
107
350 4
932
400
Slovakia 73 290
990 1
260
700
Slovenia 75 93
042 414
400
Spain 59 2
006
143 7
073
400
Sweden 50 481
389 1
429
500
United Kingdom 51 3
635
300 11
010
800
EU 28 58 26
169
686 90
000
000’

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Document Outline

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