Toelichting bij COM(2025)553 - Amendment of Regulation (EU) No 1308/2013 as regards the school fruit, vegetables and milk scheme (‘EU school scheme’), sectoral interventions, the creation of a protein sector, requirements for hemp, the possibility for marketing standards for cheese, protein crops and meat, application of additional import duties, rules on the availability of supplies in time of emergencies and severe crisis and securities - Hoofdinhoud
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| dossier | COM(2025)553 - Amendment of Regulation (EU) No 1308/2013 as regards the school fruit, vegetables and milk scheme (‘EU school scheme’), ... |
|---|---|
| bron | COM(2025)553  |
| datum | 16-07-2025 |
1. CONTEXT OF THE PROPOSAL
• Reasons for and objectives of the proposal
Farming and food are strategic sectors for the Union, providing safe and high-quality food to 450 million Europeans at affordable prices and playing a key role for European as well as global food security. At the same time, they are essential for sustaining the economy and life in rural areas, as well as an important part of the solution in the protection of climate, nature, soils, water, and biodiversity currently under stress. The Common Agricultural Policy (CAP) is at the heart of the European project and has committed more than 60 years ago to ensuring food security and a fair standard of living for the agricultural community, in line with the EU Treaties’ objectives.
Such commitment is as relevant today as it was then, as the EU agricultural sector continues to face significant challenges. Uneven global playing fields, some import dependencies and vulnerability to geopolitical uncertainties add to the long-term uncertainty faced by EU farmers. At the same time, farmers must get a better revenue from the market, enabling them to make the necessary investments for future-proof and resilient farms. For this to materialise, current imbalances in the food chain where an unfair distribution of revenues, risks and the burden of costs often disproportionately affect primary producers, must be addressed.
These challenges justify public intervention for the sector and at the same time call for a robust and adaptive policy response to ensure a competitive, resilient, and sustainable agricultural sector. In line with the Commission Communication ‘A Vision for Agriculture and Food’ 1 , such policy response would also contribute to ensure a more attractive and predictable sector where incomes enable farmers to thrive and attract future generations. In this context, defining proper enabling conditions at EU level together with an ambitious set of tools would help farmers to leverage their entrepreneurial potential, reinforce their position in the value chain, including incentives for farmers to share risks (e.g., via producer organisations or cooperatives). At the same time, by supporting investments in training, exchange of best practices, uptake of innovative production methods and proper risk management practices at farm level, farmers are thereby supported to explore different income sources and grasp new market opportunities, such as those linked to the growing bioeconomy applications of hemp.
This is why specific support for certain sectors is considered of strategic nature to contribute to achieving the CAP objectives and to reinforce synergies with other CAP instruments. Equally important is EU support for protein crops considering the agronomic challenges and climatic vulnerability limiting the interest by farmers to engage in this sector. At the same time, this particular attention is also determined by the need to reduce the Union dependence on imports for high-quality proteins, and reinforce, in line with the Vision, the EU open strategic autonomy.
In this context and as recalled by the Vision, sustainable livestock remains an essential part of the Union’s agriculture, competitiveness and cohesion. The Union livestock sector is particularly vulnerable to various shocks and global competition, and it is required to meet high production standards that are not always rewarded by the market. Recognising the natural composition of meat and meat products, in the interest of both Union producers and consumers becomes important as meat-related terms often carry cultural significance.
In line with the Niinistö Report on the Preparedness and Readiness of the EU 2 and in the Preparedness Union Strategy 3 , preparedness considerations should be integrated into all Union policies. This new reality has been marked by significant shocks, from the pandemic, the Russian war of aggression and market disturbances to animal and plant diseases and a volatile geopolitical situation. This is why, to ensure the delivery of EU Treaty objectives when it comes to ensuring the availability of supply, also in time of emergencies and severe crises, preparedness in the agricultural sector across Member States should be enhanced. This should be achieved by complementing national initiatives, enhancing coordination among Member States and between Member States and the Commission and improving efficiency and fostering a culture of preparedness and resilience, while fully respecting national competences and the specific circumstances of each Member State as well as the principles of subsidiarity and proportionality. In particular, the Commission Communication ‘Union Stockpiling Strategy: Boosting the EU’s material preparedness for crisis’ 4 stresses that in severe, long-term, complex, and cross-border crises, it is crucial to coordinate national measures to ensure a steady supply of essential goods and the continuation of vital societal functions.
At the same time, in line with the Vision for Agriculture and Food, reconnecting EU consumers - especially vulnerable groups such as children - with food and local territories remains essential for the future of farming in Europe. For this reason, efforts to promote the quality of EU food on European markets, including in the outermost regions, as well as on the international markets should continue. Such initiatives would enhance both the competitiveness of the agricultural sector as well as encourage 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’) has proven to be effective in increasing the consumption of selected agricultural products, but its effectiveness and coherence with other CAP instruments should be further strengthened.
Regulation (EU) No 1308/2013 of the European Parliament and of the Council 5 sets forth the fundamental rules for the common organisation of the markets in agricultural products (CMO). For the period 2028 to 2034, financial support for measures laid down in that Regulation will be governed by the legal framework set out in Regulation (EU) …/… of the European Parliament and of the Council [NRPF] 6 . This support will also be subject to the rules specified in Regulation (EU) .../… of the European Parliament and of the Council [Performance Regulation] 7 , which establishes a budget expenditure tracking and performance framework along with other horizontal rules for Union programmes and activities, unless otherwise specified.
Similarly, the EU school scheme and support for specific agricultural sectors will receive financial backing through National and Regional Partnership Plans (the ‘NRP Plans’) under Regulation (EU) …./… [NRPF Regulation]. However, since these are connected to agricultural product markets, the specific rules on the type of interventions should be laid down in Regulation (EU) No 1308/2013.
In addition, in order to take into account developments in the agricultural sector and to improve the implementation of Regulation (EU) No 1308/2013, certain provisions of that Regulation need to be amended and updated.
Moreover, following the repeal of Regulation (EU) No 1306/2013 of the European Parliament and of the Council 8 and in view of the proposals for Regulations (EU) .../... [NRPF Regulation] and (EU) .../... [Performance Regulation], certain empowerments laid down in Regulation (EU) No 1306/2013 and in Regulation (EU) 2021/2116 of the European Parliament and of the Council 9 concerning public intervention, aid for private storage, tariff rate quotas, producer organisations and securities should be integrated into Regulation (EU) No 1308/2013. Furthermore, following the integration of certain provisions of Regulation (EU) No 228/2013 of the European Parliament and of the Council 10 into Regulation (EU) …./… [NRPF Regulation], some of its provisions should also be integrated into Regulation (EU) No 1308/2013.
To align with the provisions of the WTO Agreement on Agriculture it is necessary to update certain provisions for calculation of additional import duties.
As a part of this initiative, provisions on the conditions for production and marketing of hemp products should be laid down. The existing rules on imports of hemp should also be updated for consistency.
Finally, provisions on the availability of supplies of agricultural products in time of emergencies and severe crises should be provided for in Regulation (EU) No 1308/2013.
• Consistency with existing policy provisions in the policy area
This proposal is fully consistent with the CAP Treaty objectives laid out in Article 39 TFEU. The objectives of the amendments are consistent with rules on the common market organisation for agricultural products . They aim at improving the existent common market organisation.
• Consistency with other EU policies
The amendments are consistent with other EU policies and reinforce the role of the CMO rules and related instruments in contributing to the objectives of the common agricultural policy.
2. LEGAL BASIS, SUBSIDIARITY AND PROPORTIONALITY
• Legal basis
Articles 42, 43(2) and 349 of the Treaty on the Functioning of the European Union (TFEU) are the basis for the proposal for a Regulation of the European Parliament and of the Council amending Regulation (EU) No 1308/2013.
The legal basis provides for: the establishment of the common organisation of agricultural markets and other provisions that are necessary for the pursuit of the objectives of the common agricultural policy, and rules on specific measures in outermost regions.
• Subsidiarity (for non-exclusive competence)
Under the Treaty on the Functioning of the European Union, agriculture is a field of shared competence between the Union and the Member States, and the principle of subsidiarity therefore applies.
Given the EU-wide dimension of the common market organisation and the fact that it regulates the free movement of goods of agricultural products in the internal market, the different issues need to be addressed at EU level than at the level of the Member States acting individually. Moreover, the proposed changes are amendments of the existing common market organisation for agricultural products.
• Proportionality
The proposal comprises limited and targeted changes to the current legislation, which are necessary for the good functioning of the existent common market organisation.
• Choice of the instrument
Given the objectives and content of the proposal, an amendment to the existing regulations is the most appropriate instrument.
3. RESULTS OF EX-POST EVALUATIONS, STAKEHOLDER CONSULTATIONS AND IMPACT ASSESSMENTS
The proposal is part of the review of the CAP for post-2027 for which an overall impact assessment and stakeholder consultations have been carried out.
• Fundamental rights
The proposed amendments respect the rights and observe the principles enshrined in the Charter of Fundamental Rights of the European Union, as laid down in Regulations (EU) .../... [NRPF Regulation]. The provisions of Regulations (EU) .../... [NRPF Regulation] concerning the respect of fundamental rights and the rule of law will apply also to the EU school scheme and the support for agricultural sectors.
4. BUDGETARY IMPLICATIONS
The EU school scheme and the support for agricultural sectors will be supported by the Fund for which rules are laid down in Regulations (EU) .../... [NRPF Regulation] and (EU) .../... [Performance Regulation]. As regards the EU school scheme, Commission Implementing Decision (EU) 2023/106 fixes the indicative allocations of Union aid to Member States for school fruit and vegetables and for school milk for the period from 1 August 2023 to 31 July 2029, thus it encroaches on the next multiannual financial framework (‘MFF’) period, for the years 2028 to 2034. As with the CAP post-2027 a new school scheme will be set up from 2028, a specific reduced allocation must be defined for the 5-month period, from 1 August to 31 December 2027, for school year 2027/2028, as its implementation and financing will still fall under the current MFF.
5. OTHER ELEMENTS
• Implementation plans and monitoring, evaluation and reporting arrangements
This initiative will be monitored through the performance framework applicable for the 2028- 2034 multiannual financial framework which is set out in the proposal for a Regulation (EU) .../… [Performance Regulation], which establishes a budget expenditure tracking and performance framework along with other horizontal rules for Union programmes and activities, unless otherwise specified.
EU school scheme interventions
The legal provisions provide the basic policy parameters, such as the objectives of the scheme and its basic requirements, while Member States would bear greater responsibility as to how they meet the objectives and achieve targets. Enhanced subsidiarity makes it possible to better take into account local conditions and needs. Regulation (EU) .../... [NRPF Regulation] rules should apply to the EU school scheme while specific rules on that type of intervention should be laid down in Regulation (EU) No 1308/2013.
In order to reduce the intake of free sugars and fats by schoolchildren, the distribution of products high in free sugars and fats should be limited. In order to raise awareness of children of the variety of products that are cultivated in the Union as well as their different qualities, the distribution of products originating in the Union should be prioritised combined with criteria linked to higher environmental and social sustainability standards. Member States should ensure the implementation of awareness raising measures on certain topics. As the case may be and to avoid duplications, the national curriculum can be used instead of the scheme. In view of the increased concern over processed foods and products potentially high in added sugars, which do not meet children’s nutritional needs, those products should be excluded from the EU school scheme. Those new elements emerge from the evaluation of the scheme, as thoroughly analysed in the impact assessment.
Sectoral interventions
The legal provisions define minimum requirements concerning the contents and policy objectives for such types of intervention which have the overall aim to ensure the efficient functioning and stability of agricultural markets. This would ensure a level playing field in the internal market and lay down conditions of equal and fair competition. When including interventions in certain sectors in their NRP Plans, Member States should ensure consistency with other interventions at a sectoral level. The types of intervention in certain sectors should provide support to the fruit and vegetables, wine, protein crops, apiculture products, olive oil and table olives and hops sectors, as well as for other sectors and products listed in Annex I to Regulation (EU) No 1308/2013 and, for which the establishment of specific interventions is deemed to have beneficial effects on the achievement of some or all of the general and specific objectives of the CAP pursued by Regulation (EU) .../... [NRPF Regulation].
Protein crops
The legal provisions introduce specific rules for the mandatory recognition of producers and interbranch organisations in this sector. This would help to strengthen the value chain at regional, national and transnational level, and address agronomic challenges jeopardising farmers’ interest in this sector.
In order to support the production of protein crops and reduce the Union dependence on imports for high-quality proteins, a distinct protein crop sector should be created in Annex I to Regulation (EU) No 1308/2013. For that purpose, the protein crop sector will replace the current dried fodder sector. Products belonging to the protein crop sector will be moved from Part XXIV of Annex I to a new Section 1 in Part IV of Annex I, to Regulation (EU) No 1308/2013. Dried fodders which are not protein crops will be moved from the current Part IV of Annex I to Part XXIV of that Annex. The reference to the dried fodder sector should be removed from Article 6 on marketing years.
Transitional provisions should be added in Articles 154 and 158 of Regulation (EU) No 1308/2013 for the recognition of existing producer organisations (POs) and interbranch organisations (IBOs) already recognised for products that fall under the new protein crop sector.
The protein crop sector should be added to the list of sectors for which Member States are obliged to recognise, on request, producer organisations and interbranch organisations (Article 159, points (a) and (b), respectively of Regulation (EU) No 1308/2013).
Marketing standards
In line with the conclusions of the Commission report on new marketing standards for dried leguminous vegetables and soya bean 11 , it is appropriate to provide for the possibility to lay down marketing standards for protein crops to better inform consumers about the origin of the protein crops products they purchase. For the same reason, beef, pigmeat, sheep and goat meat should be added to the list for which marketing standards can be adopted. In addition, with the objective of possibly harmonising the definition and composition of certain cheeses to ensure a common basis for quality across the internal market, it is also appropriate to provide for the possibility to lay down marketing standards for cheese.
Hemp
Hemp falls under the CMO of the CAP, with Regulation (EU) No 1308/2013 expanding its scope beyond fibre use. Farmers can receive area-based CAP payments if they meet standard and hemp-specific criteria, including growing varieties with Δ9-tetrahydrocannabinol (‘THC’) content below 0,3 % to prevent illicit crop cultivation.
The European Court of Justice 12 ruled that cannabidiol (‘CBD’) from the whole Cannabis Sativa plant is not a drug under the Single Convention on Narcotic Drugs. However, inconsistencies among Member States' regulations limit full plant utilisation and economic potential, especially concerning flowering tops. These discrepancies can hinder farmers from accessing CAP support or marketing hemp products across Member States.
To address this, Regulation (EU) No 1308/2013 will include rules on hemp production and marketing. Article 189 will be amended, and Annex I, Part VIII will be expanded to encompass all hemp plant parts as agricultural products, provided CAP requirements are met. This aims to align with the EU hemp market's growth, offering legal certainty to farmers.
New legal provisions will also uphold public health protection, keeping strict seed certification and a 0,3 % THC limit, ensuring compliance with international drug conventions. Scientific evidence supports low health risk from hemp varieties with up to 0,3 % THC. To harmonise Annex I, Part VIII, changes will also apply to linseed, moving relevant products from Annex I, Part XXIV, Section 1.
Transitional provisions will protect existing producer organisations and allow farmers to market hemp sown before new rules apply. With a deferred application, stakeholders will have time to adjust to the new regulatory framework.
Sugar
Article 125 of Regulation (EU) No 1308/2013 requires that the terms for buying sugar beet and sugar cane are to be governed by written agreements within the trade, as described in Part II, Section A, point 6, of Annex II to that Regulation. Article 125(3) of Regulation (EU) No 1308/2013 requires the agreements within the trade to conform to the purchase terms laid down in Annex X to that Regulation. Those provisions should be amended for the sake of clarity and consistency as regards the parties to the agreements within the trade and as regards the products concerned by those agreements and subject to purchase terms.
Furthermore, in order to enhance legal clarity and reinforce the protection of the rights of beet sellers in contractual relationships with sugar undertakings, it is necessary to amend point VIII of Annex X to Regulation (EU) No 1308/2013 to explicitly provide that the ownership of the beet pulp remains with the beet seller unless otherwise agreed.
To give stakeholders from the sugar sector sufficient time to adapt, the application of the changes concerning the agreements within the trade should be deferred until 1 October after the year of entry into force of the Regulation.
Additional import duties
Article 182(1) of Regulation (EU) No 1308/2013 lays down rules for the calculation method that may be used to fix the tigger volume for the purpose of the application of additional import duties. In order to correctly reflect the calculation method set out in Article 5 i of the World Trade Organization (WTO) Agreement on Agriculture, Article 182(1) of Regulation (EU) No 1308/2013 should be amended to specify that the calculation should be based on the average yearly imports in the three preceding years. Furthermore, Article 182(2) of Regulation (EU) No 1308/2013 provides that additional duties are not to be imposed where imports are unlikely to disturb the Union market, or where effects would be disproportionate to the intended objective. However, demonstrating that imports are likely to disturb the Union market is difficult and, in case of perishable seasonal products, where such safeguard currently applies, often unfeasible or not sufficiently timely. Since this requirement goes beyond obligations set out in the WTO Agreement on Agriculture, and in order to address stakeholders’ concerns and simplify the procedure, the referred paragraph 2 should be deleted.
Rules on the availability of supplies in time of emergencies and severe crisis
Legal provisions introduce obligations for Member States to adopt baseline preparedness measures that should include the establishment of national and/or regional preparedness and response plans concerning agricultural products, regular sharing of information on stocks of agricultural products, the designation of competent authorities and participation in EU-level stress testing exercises. These efforts should be complemented by enhanced obligations during crises or high-risk situations, including mandatory reporting.
The Union Stockpiling strategy aims to combine centralised reserves with contributions from Member States, supported by public-private partnerships to ensure efficiency, scalability and cost-effectiveness. Where Member States establish and manage reserves of agricultural products, rules should be introduced to ensure that such measures are designed in a manner that minimises market distortions.
Meat designations
Specific legal provisions should be introduced to protect meat-related terms in order to enhance transparency in the internal market as regards food composition and nutritional content and ensure that consumers can make well-informed choices, particularly for those seeking a specific nutritional content that is traditionally associated with meat products.
POSEI
In view of the proposals for Regulations (EU) .../... [NRPF Regulation] and (EU) .../... [Performance Regulation], provisions laid down in Regulation (EU) No 228/2013 concerning the use of a logo for the marketing of quality agricultural products in the outermost regions and the State aid derogation for national payments for the sugar sector in the French outermost regions should be integrated into Regulation (EU) No 1308/2013.
Reinsert missing rules and empowerments
Rules as well as empowerments relevant for measures provided for by Regulation (EU) No 1308/2013 were laid down in Regulation (EU) No 1306/2013 and are currently laid down in Regulation (EU) 2021/2116. Following the repeal of Regulation (EU) No 1306/2013 and in view of the proposals for Regulations (EU) .../... [NRPF Regulation] and (EU) .../... [Performance Regulation], rules and empowerments laid down in Regulation (EU) 2021/2116 concerning public intervention and aid for private storage, tariff quotas, recognition of producer organisations and securities should be integrated into Regulation (EU) No 1308/2013.
Deferred application and transitional rules
In order to allow Member States and operators sufficient time to comply with the new rules, the date of application should be postponed for amendments related to agreements within the trade for the sugar sector, conditions for the marketing, production and imports of hemp, and the provisions on the availability of supplies in time of emergencies and severe crisis. Furthermore, in order to ensure a smooth transition to the new EU school scheme, the deletion of the provisions relating to the EU school scheme laid down Regulation (EU) No 1308/2013 should apply from 1 January 2028, but should continue to apply in respect of measures implemented until 31 December 2027. Moreover, as the current EU school scheme will be discontinued on 31 December 2028, a specific reduced allocation must be defined for the 5-month period, from 1 August to 31 December 2027, for school year 2027/2028, as its implementation and financing will still fall under the current MFF.