Toelichting bij COM(2025)554 - Amendment of Regulation (EU) No 1370/2013 as regards the aid scheme for the supply of fruit and vegetables, bananas and milk in educational establishments (‘EU school scheme’)

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1. CONTEXT OF THE PROPOSAL

Reasons for and objectives of the proposal

The Commission's Communication of 19 February 2025 ‘A Vision for Agriculture and Food’ 1  highlights the importance of reconnecting EU consumers - especially vulnerable groups such as children - with food and local territories. This would enhance both the competitiveness of the agricultural sector and thus contribute to the fulfilment of the CAP policy objectives, as well as encouraging healthier eating habits among the general public.

In this respect, the aid for the supply of fruit and vegetables and of milk and milk products in educational establishments (‘EU school scheme’) laid down in Regulation (EU) No 1308/2013 of the European Parliament and of the Council 2 has proven to be effective in increasing the consumption of selected agricultural products. At the same time, the multiannual financial framework (‘MFF’) for the years 2028 to 2034 is an opportunity to make such a scheme more effective, simpler and impactful when it comes to funding in line with the general principles outlined in the Commission’s Communication on ‘The road to the next multiannual financial framework’ 3 published on 11 February 2025. The communication highlights particularly the need to address ‘the complexities, weaknesses and rigidities that are currently present and maximise the impact of every euro it spends’ while guaranteeing the budget’s ability to respond to a changing reality. This is why the Commission has introduced relevant changes to the EU school scheme through Regulation (EU) .../... of the European Parliament and the Council [CMO amendment Regulation] 4 that will provide all basic elements of the common organisation of the markets in agricultural products, including specific provisions for the EU School Scheme.

At the same time, taking into account the new MFF architecture, Member States would be able to fund the implementation of the EU School Scheme via the National and Regional Partnership Plans (the ‘NRP Plans’). This means that the relevant provisions of the Council Regulation (EU) No 1370/2013 5 fixing the amount of Union aid under the EU School Scheme are no longer needed and should be deleted.

Consistency with existing policy provisions in the policy area

The deletion of the provisions is consistent with the proposals for Regulation (EU) .../... [NRPF Regulation] and for Regulation (EU) …/… of the European Parliament and of the Council [CMO amendment].Following the inclusion of the School Scheme as a type of intervention financed by the Fund, the existing EU School Scheme provisions laid down under the Council Regulation (EU) No 1370/2023 are no longer needed.

Consistency with other EU policies

2. LEGAL BASIS, SUBSIDIARITY AND PROPORTIONALITY

Legal basis

Article 43(3) of the Treaty on the Functioning of the European Union (TFEU) is the basis for the proposal for regulation amending Regulation (EU) No 1370/2013 to delete the existing provisions on the EU school scheme. Regulation (EU) No 1370/2013 was adopted on the basis of Article 43 (3) TFEU and therefore needs to be amended on the basis of the same legal basis.

Subsidiarity (for non-exclusive competence)

The deletion cannot be achieved by national legislation.

Proportionality

NA

Choice of the instrument

Given the objectives and content of the proposal, an amendment to the existing regulation is the most appropriate instrument.

3. RESULTS OF EX-POST EVALUATIONS, STAKEHOLDER CONSULTATIONS AND IMPACT ASSESSMENTS

The proposal is a consequence of the new MFF architecture and more particularly the Regulation (EU) .../... [NRPF Regulation] for which an overall impact assessment and stakeholder consultations have been carried out.

Fundamental rights

The revision respects the rights and observes the principles enshrined in the Charter of Fundamental Rights of the European Union as laid down in the Commission proposal for NPRF Regulation. The provisions of that proposed Regulation concerning respect of fundamental rights and the rule of law will apply also to EU school scheme.

4. BUDGETARY IMPLICATIONS

The existing EU school scheme laid down in Regulation (EU) No 1308/2013 is to be discontinued. The new EU School Scheme will be financed by the Fund. The financial allocations to Member States are proposed to be regulated in Regulation (EU) .../... [NRPF Regulation] and the requirements for the school scheme are proposed to be regulated in Regulation (EU) No 1308/2013.

5. OTHER ELEMENTS

Detailed explanation of the specific provisions of the proposal

Article 5 of Regulation (EU) No 1370/2013 lays down rules on the fixing of indicative and definitive allocations and on reallocation of Union aid, on the maximum levels of Union aid for the financing of accompanying educational measures and related costs as well as on the maximum amount of Union aid for the milk component.

Annex V to Regulation (EU) No 1370/2013 lays down the indicative allocations of Union aid to each Member State from 1 August 2017 to 31 July 2023.

In order to increase the effectiveness and to ensure coherence with other CAP instruments, the EU School Scheme should be implemented as a type of intervention supported by the Fund. As the current EU School Scheme laid down in Regulation (EU) No 1308/2013 should be deleted, the provisions concerning the EU School Scheme laid down in Regulation (EU) 1370/2013 should also be deleted.