HTML PUBLIC "-//W3C//DTD HTML 4.01 Transitional//EN"L 14/6
EN
Official Journal of the European Union
19.1.2011
REGULATIONS
COMMISSION REGULATION (EU) No 34/2011
of 18 January 2011
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
THE EUROPEAN COMMISSION,
(4) Article
5(1)(b)(ii)
and
(iii)
of
Regulation
(EC)
No
288/2009 provides for the eligibility of costs related to
monitoring and evaluation and communication,
Having regard to the Treaty on the Functioning of the European
respectively. Article 7 provides for the general conditions
Union,
for approval of aid applicants. In order to ensure a more
flexible implementation of the School Fruit Scheme,
Article 7 should be amended, so as to ensure that
services related to monitoring, evaluation and communi
Having regard to Council Regulation (EC) No 1234/2007 of
cation may be provided by aid applicants that do not
22 October 2007 establishing a common organisation of agri
themselves use or deliver the products financed under the
cultural markets and on specific provisions for certain agri
School Fruit Scheme.
cultural products (Single CMO Regulation) ( 1 ), and in particular
Article 103h(f) in conjunction with Article 4 thereof,
(5) Article
14
of
Regulation
(EC)
No
288/2009
provides
for
the use of a European ‘School Fruit Scheme’ poster.
Whereas:
Following the entry into force of the Lisbon Treaty,
references to the ‘European Community’ should be
replaced by ‘European Union’. At the same time,
(1) Commission
Regulation
(EC)
No
288/2009
( 2 ) lays down
Member States should be allowed to continue using
detailed rules for the European School Fruit Scheme
previously produced posters and other tools of
established by Article 103ga of Regulation (EC) No
information during a reasonable period of time.
1234/2007. In the light of the experience of the
School Fruit Scheme's first year of implementation and
in order to facilitate its implementation by the Member
States, a number of provisions of Regulation (EC) No
(6) The
measures
provided
for
in
this
Regulation
are
in
288/2009 should be amended.
accordance with the opinion of the Management
Committee for the Common Organisation of Agricultural
Markets,
(2) Article
4
of
Regulation
(EC)
No
288/2009
lays
down
rules on aid for the supply of fruit and vegetables,
processed fruit and vegetables and banana products to
HAS ADOPTED THIS REGULATION:
children in the framework of the School Fruit Scheme,
including rules on the allocation and reallocation of the
aid. In order to assist the Member States in making their
aid application and to ensure that there are no doubts in
Article 1
respect of the amount of aid applied for, an aid appli
Regulation (EC) No 288/2009 is amended as follows:
cation should be submitted by the Member States
together with their strategy using a precise form.
(1) Article 4(1) is replaced by the following:
(3) Value
added
tax
should
under
no
circumstances
be
considered as expenditure eligible for the Union
aid referred to in Article 103ga of Regulation (EC)
‘1. Member States setting up a School Fruit Scheme may
No 1234/2007. As clear rules on the eligibility of expen
apply for the aid referred to in Article 103ga of Regulation
diture are necessary for financial management and
(EC) No 1234/2007 for one or more periods running from
control purposes, the rules on the eligible costs under
1 August to 31 July, by notifying the Commission of their
the School Fruit Scheme should be clarified in this
strategy by 31 January of the year in which the first period
respect.
starts. The strategy shall be accompanied by the aid appli
cation drawn up in accordance with the model set out in
( 1 ) OJ L 299, 16.11.2007, p. 1.
Annex IIa, also where a strategy covers more than one
( 2 ) OJ L 94, 8.4.2009, p. 38.
year.’;

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EN
19.1.2011 Official
Journal
of
the
European
Union
L
14/7
(2) in Article 5(1), the introductory phrase is replaced by the
publicity on a Member State's School Fruit Scheme shall
following:
in any event exhibit the European flag and mention the
European “School Fruit Scheme” and the financial support
‘The following costs, excluding value added tax (VAT), are
of the European Union.
eligible for the Union aid referred to in Article 103ga of
Regulation (EC) No 1234/2007:’;
3. References
to
the
financial
contribution
made
available
by the European Union shall receive at least the same
(3) in Article 6(2)(e), point (ii) is replaced by the following:
visibility as contributions from other private or public
entities supporting a Member State's scheme.
‘(ii) the monitoring, evaluation and/or communication.’;
4. Member
States
may
continue
to
use
posters
and
the
(4) in the first paragraph of Article 7, the following new point
other tools of information printed prior to 31 January 2011
(aa) is inserted:
on the basis of the legislation applicable at the time of their
production, until 31 August 2012.’;
‘(aa) to use the aid for the monitoring and evaluation of the
School Fruit Scheme as referred to in Article 12 or for
(7) Article 15 is amended as follows:
communication;’;
(a) in paragraph 1, second subparagraph, point (a) is
(5) Article 10(1) is amended as follows:
replaced by the following:
(a) at the end of point (b) the term ‘and’ is deleted;
‘(a) the results of the monitoring exercise, as provided
for in Article 12(1);’;
(b) the following new point (d) is added:
(b) paragraph 4 is replaced by the following:
‘(d) the supporting documents to be defined by the
Member States.’;
‘4. Where
a
Member
State
changes
the
strategy
referred to in Article 3, it shall notify the Commission
(6) Article 14 is replaced by the following:
of its new strategy, by e-mail to the address referred to
in the first subparagraph of paragraph 1 and at the
‘Article 14
latest by 31 January of the following year.’;
European “School Fruit Scheme” poster
(8) a new Annex IIa, as set out in the Annex to this Regulation,
1. Member
States
participating
in
the
European
“School
is inserted;
Fruit Scheme” shall communicate to the public that the
scheme has received financial support from the European
(9) in Annex III, the last indent is replaced by the following:
Union. In this respect, Member States may make use of a
poster produced in accordance with the minimum
‘ “Our [type of educational establishment (e.g. nursery/pre-
requirements laid down in Annex III, which shall be
school/school)] participates in the European ‘School Fruit
permanently situated at a clearly visible and legible place
Scheme’ with the financial support of the European
at the main entrance of the participating educational estab
Union.” The poster shall bear the emblem of the
lishment.
European Union.’.
2. Where
Member
States
decide
not
to
make
use
of
the
Article 2
poster referred to in paragraph 1, they shall clearly explain
in their strategy how they will inform the public about the
This Regulation shall enter into force on the seventh day
European Union's financial contribution to their scheme.
following its publication in the Official Journal of the European
Websites or any other instrument of information or
Union.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 18 January 2011.
For the Commission
The President
José Manuel BARROSO

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L 14/8
EN
Official Journal of the European Union
19.1.2011
ANNEX
‘ANNEX IIa
Aid application to be submitted by the Member States as referred to in Article 4(1)
Member State
School year
Indicative allocation of aid referred to in Article 4(3) and
Annex II, expressed in EUR.
Q1 Availability
to
use
more
than
the
indicative
allocation
Yes No
referred to in Article 4(3) and Annex II.
Q2 If
No
to
Q1,
allocation
requested,
in
EUR
(in figures) (in
letters)
Q3 If
Yes
to
Q1
maximum
additional
allocation
requested,
in
EUR (in addition to the indicative allocation). (in
figures) (in
letters)’

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