Article 1U.K.Scope and definition

1.This Regulation lays down rules for the application of Regulations (EU) No 1308/2013 and (EU) No 1370/2013 as regards F1... aid for the supply and distribution of fruit and vegetables, processed fruit and vegetable products and fresh products of the banana sector (‘school fruit and vegetables’) and of milk and milk products (‘school milk’) to children in educational establishments, for accompanying educational measures and for certain related costs in the framework of the scheme referred to under Article 23 of Regulation (EU) No 1308/2013 (‘the school scheme’).

2.For the purposes of the school scheme, ‘school year’ means a period running from 1 August until 31 July of the following year.

[F23.In this Regulation—

(a)‘relevant authority’ means:

(i)in relation to England, the Secretary of State;

(ii)in relation to Wales, the Welsh Ministers;

(iii)in relation to Scotland, the Scottish Ministers;

(iv)in relation to Northern Ireland, the Department of Agriculture, Environment and Rural Affairs;

(b)‘school scheme aid’ means aid granted under Article 23(1) of Regulation 1308/2013.]

Textual Amendments

Article 2U.K.[F3School scheme] strategies

1.A [F4relevant authority's] strategy as referred to in Article 23(8) of Regulation (EU) No 1308/2013 and in Article 2 of Delegated Regulation (EU) 2017/40 shall include the following elements:

(a)the administrative level at which the school scheme will be implemented;

(b)the needs to be addressed through implementation of the school scheme and their ranking in terms of priorities;

(c)the results expected to be achieved through implementation of the school scheme and the indicators to measure their achievement;

(d)the initial situation in relation to which progress in achieving the results will be measured, based on available data;

(e)the estimated budget for the main elements of the school scheme with regard to the school fruit and vegetables and the school milk, as well as the budget for elements concerning the entire school scheme;

(f)the target group;

(g)the list of products, by product groups listed in Article 23(3), [F5(4) and (5)] of Regulation (EU) No 1308/2013, that will be supplied under the school scheme;

(h)if products are not made available free of charge under the school scheme, the arrangements put in place to ensure that the amount of [F6school scheme] aid is duly reflected in the price of those products;

(i)if standard scales of unit costs, flat-rate financing and/or lump sums are authorised, the fair, equitable and verifiable calculation method used for their establishment; if a cost-based system is used, the arrangements to assess the reasonableness of the costs submitted by aid applicants;

(j)the objectives and the content of the accompanying educational measures;

(k)the procedures for involving relevant authorities and stakeholders;

(l)the procedures for selecting the suppliers of products, materials and services under the school scheme;

(m)the arrangements put in place for publicising the provision of [F7school scheme aid].

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Textual Amendments

F10Article 3U.K.Member States' request for Union aid

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Textual Amendments

Article 4U.K.Aid application submitted by aid applicants

1.[F11The relevant authority] shall determine the form, content and frequency of aid applications in accordance with their strategy and the rules laid down in paragraphs 2 to 6.

2.Aid applications relating to the supply and distribution of products shall include at least the following information:

(a)the quantities of products distributed by groups of products as referred to in paragraphs 3, [F124 and 5] of Article 23 of Regulation (EU) No 1308/2013;

(b)the identification of the applicant and the name and address or a unique identification number of the educational establishment or educational authority to which those quantities were distributed;

(c)the number of children in the school register at the beginning of the school year in the educational establishment(s) due to receive the products covered by the school scheme during the period covered by the aid application.

3.Aid applications relating to the supply and distribution of products and to accompanying educational measures may cover periods from 2 weeks to the entire school year.

4.Aid applications shall be submitted within 3 months of the end of the period they cover or, in case of aid applications relating to monitoring, evaluation and publicity, of the date of delivery of the material or service.

5.If the time limit referred to in paragraph 4 is exceeded by less than 60 calendar days, the aid shall be paid but reduced as follows:

(a)by 5 % if the time limit is exceeded by 1 to 30 calendar days;

(b)by 10 % if the time limit is exceeded by 31 to 60 calendar days.

Once the time limit is exceeded by more than 60 calendar days, the aid shall be further reduced by 1 % per each additional day, calculated over the remaining balance.

6.The amounts claimed in the aid applications shall be supported by documentary evidence [F13held available for the relevant authority] showing the price of the products, material or services delivered together with a receipt or proof of payment or equivalent. F14...

In the case of aid applications relating to accompanying educational measures; monitoring, evaluation and publicity, the documentary evidence shall also contain the financial breakdown by activity and details of the related costs.

Textual Amendments

Article 5U.K.Payment of the aid

1.Aid relating to the supply and distribution of products shall only be paid:

(a)on presentation of a receipt for the quantities actually supplied and/or distributed; or

(b)if the [F15relevant authority] authorises the use of standard scales of unit costs, flat-rate financing and/or lump sums, on presentation of alternative proof that the quantities have been supplied and/or distributed for the purposes of the school scheme and paid for.

2.Aid relating to the accompanying educational measures, monitoring, evaluation and publicity shall only be paid upon delivery of the material or services concerned and upon submission of the related documentary evidence as required by the [F16relevant] authority or, if the [F17relevant authority] authorises the use of standard scales of unit costs, flat-rate financing and/or lump sums, on presentation of alternative proof that the material or services have been delivered and paid for.

3.Aid shall be paid by the [F18relevant] authority within 3 months of the date of submission of the aid application unless administrative inquiries have been initiated.

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Textual Amendments

F20Article 6U.K.Transfers between allocations

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Textual Amendments

F21Article 7U.K.Reallocation of Union aid

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Textual Amendments

[F22Article 8U.K. Monitoring and evaluation

F231.Monitoring as referred to in Article 9 of Delegated Regulation (EU) 2017/40 shall draw upon the data originating from management and control obligations, including those set out in Articles 4 and 5 of this Regulation.

Member States shall submit their annual monitoring report referred to in Article 9(3) of Delegated Regulation (EU) 2017/40 to the Commission by 31 January of the calendar year following the end of the school year concerned.

Member States shall submit their annual control report on the on-the-spot checks carried out and the related findings referred to in Article 9(4) of that Regulation to the Commission by 31 October of the calendar year following the end of the school year concerned.

F24F252.The evaluation report or, if a Member State implements the school scheme at regional level, the corresponding number of evaluation reports referred to in Article 9(2) of Delegated Regulation (EU) 2017/40 shall concern the implementation of the school scheme in the first 5 school years of each period covered by the strategy drawn up at national or regional level pursuant to Article 23(8) of Regulation (EU) No 1308/2013.

Member States shall submit their evaluation report or reports to the Commission by 1 March of the calendar year following the end of those 5 school years. The first evaluation reports shall be submitted by 1 March 2023.

The minimum requirements for the format and content of the evaluation report or reports are set out in the Annex to this Regulation. Member States shall ensure that the report or reports submitted to the Commission do not include any personal data.

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Textual Amendments

F23By The Common Organisation of the Markets in Agricultural Products and Common Agricultural Policy (Miscellaneous Amendments etc.) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/1422), regs. 1, 11(8)(a); 2020 c. 1, Sch. 5 para. 1(1) it is provided (31.12.2020) that the words “The relevant authority must publish online the results of the monitoring exercise by 31 January following the end of the school year concerned.” are substituted for the second subparagraph of para. (1)

F24By The Common Organisation of the Markets in Agricultural Products and Common Agricultural Policy (Miscellaneous Amendments etc.) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/1422), regs. 1, 11(8)(b)(i); 2020 c. 1, Sch. 5 para. 1(1) it is provided (31.12.2020) that in the first subparagraph of para. (2), that words “ the relevant authority must publish online ” are substituted for the words “Member States shall submit to the Commission”

F25By The Common Organisation of the Markets in Agricultural Products and Common Agricultural Policy (Miscellaneous Amendments etc.) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/1422), regs. 1, 11(8)(b)(i); 2020 c. 1, Sch. 5 para. 1(1) it is provided (31.12.2020) that in the first subparagraph of para. (2), that the word “published” is substituted for the word “submitted” .

Article 9U.K.Administrative checks

1.[F27The relevant authority] shall take all necessary measures to comply with this Regulation. Those measures shall include systematic administrative checking of all aid applications under the school scheme.

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3.Administrative checks conducted with respect to aid applied for relating to monitoring, evaluation, publicity and accompanying educational measures shall include verifying the delivery of the material and services and the veracity of the claimed expenditure.

4.In case of aid applied for relating to the supply and distribution of products and accompanying educational measures, the administrative checks shall be supplemented by on-the-spot checks in accordance with Article 10.

Textual Amendments

Article 10U.K.On-the-spot checks

1.In case of aid relating to the supply and distribution of products, on-the-spot checks shall in particular include verification of:

[F22(a)the records referred to in Article 6 of Delegated Regulation (EU) 2017/40, including financial documents such as purchase and sales invoices, delivery notes, bank extracts, and their recording in the accountancy;]

(b)the use of the products in accordance with this Regulation.

2.[F22On-the-spot checks shall be carried out during the school year to which they relate (period N) and/or during the following 9 months (period N+1).]

On-the-spot checks may take place during the implementation of the accompanying educational measures.

Each on-the-spot check shall be considered completed once the corresponding control report, as referred to in paragraph 6, is issued.

3.[F29The relevant authorities must jointly ensure that on-the-spot checks in the United Kingdom cover at least 5% of the aid claimed in the United Kingdom] and at least 5 % of all aid applicants dealing with the supply and distribution of products and with accompanying educational measures in respect of each school year.

When the number of aid applicants in [F30the United Kingdom] is less than 100, [F31the relevant authorities must jointly ensure that on-the-spot checks are] carried out on the premises of not less than five [F32of these] applicants.

When the number of aid applicants in [F30the United Kingdom] is less than five, [F31the relevant authorities must jointly ensure that on-the-spot checks are] carried out on the premises of all the applicants.

Where the applicant, not being an educational establishment, applies for aid relating to the supply and distribution of products, the on-the-spot check carried out on the premises of that applicant shall be supplemented by on-the-spot checks on the premises of at least two educational establishments or at least 1 % of the educational establishments recorded by the applicant in accordance with Article 6 of Delegated Regulation (EU) 2017/40, whichever is the greater.

Where the applicant applies for aid relating to accompanying educational measures, on-the-spot checks on the premises of the applicant may be replaced, based on a risk analysis, by on-the-spot checks at the places where accompanying measures are carried out. Based on a risk analysis, [F33the relevant authority] shall fix the level of such on-the-spot checks.

4.On the basis of a risk analysis, the [F34relevant] authority shall select those applicants to be subjected to on-the-spot checks.

For that purpose, the [F34relevant] authority shall take particular account of:

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(b)the recurrent nature of errors and the findings of checks carried out in past years;

(c)the amount of aid involved;

(d)the type of applicants;

(e)the type of accompanying educational measure, if any.

5.Provided that the purpose of the checks is not jeopardised, advance notice, strictly limited to the minimum time period necessary, may be given.

6.The [F36relevant] authority shall draw up a control report on each on-the-spot check. The report shall describe precisely the different items controlled.

The control report shall be divided into the following parts:

(a)a general part containing, in particular, the following information:

(i)

the period covered, the aid application(s) checked, the quantities of products for which the aid was applied for in case of applications relating to the supply and distribution of products, the participating educational establishments, an estimate based on the available data of the number of children for which aid was paid and the financial amount involved;

(ii)

the responsible persons present;

(b)a part describing separately the checks carried out and containing, in particular, the following information:

(i)

the documents checked;

(ii)

the nature and extent of checks carried out;

(iii)

remarks and findings.

[F22All control reports shall be completed no later than 9 months after the end of the school year.]

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Textual Amendments

Article 11U.K.Recovery of undue payments

For recovery of unduly paid amounts, Article 7 of Implementing Regulation (EU) No 809/2014 shall apply mutatis mutandis.

Article 12U.K.Publicity

1.Where [F38the relevant authority decides] not to make use of the poster referred to in Article 12 of Delegated Regulation (EU) 2017/40, they shall clearly explain in their strategy how they will inform the public about the [F39relevant authority's] financial contribution to the school scheme.

2.Means of communication and publicity measures referred to in Article 12 of Delegated Regulation (EU) 2017/40, as well as educational materials and tools to be used within the accompanying educational measures, shall F40... mention the ‘School scheme’ and unless the size of the materials and tools exclude this, the financial contribution of the [F41relevant authority].

3.References to the financial contribution of the [F42relevant authority] shall receive at least the same visibility as contributions from other private or public entities supporting a F43... school scheme.

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Textual Amendments

F45Article 13U.K.Notifications

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Textual Amendments

Article 14U.K.Entry into force and application

This Regulation shall enter into force on the third day following that of its publication in the Official Journal of the European Union.

It shall apply to aid for the 2017/2018 school year and subsequent school years.

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Textual Amendments