Commission Implementing Regulation (EU) No 30/2013Show full title

Article 1 Amendment of Regulation (EC) No 288/2009

Regulation (EC) No 288/2009 is amended as follows:

(1)

Article 4 is amended as follows:

(a)

paragraph 1 is replaced by the following:

‘1. Member States setting up a School Fruit Scheme may apply for the aid referred to in Article 103ga of Regulation (EC) No 1234/2007 for one or more periods running from 1 August to 31 July, by notifying the Commission of their strategy by 31 January of the year in which the first period starts.

The strategy shall be accompanied by an aid application which shall contain the following information:

(a) indicative allocation of aid referred to in paragraph 3 and set out in Annex II to this Regulation, expressed in EUR;

(b) capacity to use more than the indicative allocation referred to in paragraph 3 and set out in Annex II;

(c) where no capacity to use additional funds is indicated as provided for under point (b), the allocation requested, expressed in EUR, must be specified;

(d) where a capacity to use additional funds is indicated as provided for under point (b), maximum additional allocation requested, expressed in EUR, must be specified;

(e) total budget requested.

The aid application shall be submitted in accordance with Commission Regulation (EC) No 792/2009(1).’;

(b)

in paragraph 4, the second subparagraph is replaced by the following:

‘The reallocation of Union aid referred to in the first subparagraph shall be implemented in proportion to the initial indicative allocation set out in Annex II but within the limits fixed in paragraph 5. However, the limits fixed in paragraph 5 shall not apply during the first two school years of application of the scheme by a Member State.’;

(c)

the following paragraph 5 is added:

‘5. The reallocation shall be limited by the level of 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 established on the basis of the declarations of expenditure sent to the Commission in accordance with Article 4 of Commission Regulation (EC) No 883/2006(2). The limits shall be as follows:

(a) when the execution of the allocation is below or equal to 50 % of the final allocation, no additional allocation shall be granted;

(b) when the execution of the allocation is higher than 50 % but lower or equal to 75 % of the final allocation, the maximum additional allocation shall be capped at 50 % of the indicative allocation;

(c) when the execution of the allocation is higher than 75 % of the final allocation, the maximum additional allocation shall not be capped.’;

(2)

in Article 10(1), point (c) is replaced by the following:

‘(c)

the number of children in regular attendance in the respective educational establishments entitled to receive the products covered by the Member State’s School Fruit Scheme during the period covered by the aid application;’;

(3)

in Article 12(2), the first sentence is replaced by the following:

‘Member States shall evaluate the implementation of their School Fruit Scheme and assess its effectiveness, including its impact on children’s eating habits.’;

(4)

Article 15 is replaced by the following:

‘Article 15 Notifications

1. Member States shall notify the Commission, by 30 November of the year in which the period mentioned in Article 4(1) ends, of:

(a) the results of the monitoring exercise, as provided for in Article 12(1);

(b) the on-the-spot checks carried out pursuant to Articles 13 and 16 and the related findings.

2. Where a Member State changes the strategy referred to in Article 3, it shall notify the Commission of its new strategy, at the latest by 31 January of the following year.

3. The notifications referred to in this Regulation shall be made in accordance with Regulation (EC) No 792/2009.

4. The Commission shall publish the Member States’ strategies and the results of their monitoring and evaluation exercise on a regular basis.’;

(5)

Annex II is replaced by the text set out in the Annex to this Regulation;

(6)

Annex IIa is deleted.

(1)

OJ L 228, 1.9.2009, p. 3.’;

(2)

OJ L 171, 23.6.2006, p. 1.’;