Overwegingen 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’), ... |
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| document | COM(2025)553  |
| datum | 16 juli 2025 |
(2) The multiannual financial framework for the years 2028 to 2034 legislative package includes Regulation (EU) .../... of the European Parliament and of the Council [NRPF Regulation] 16 establishing the National and Regional Partnership Fund (the ‘Fund’) for the period 2028 to 2034, grouping the nationally pre-allocated funds under the Fund, including the European Agriculture Guarantee Fund (EAGF) and the European Agricultural Fund for Rural Development (EAFRD). In accordance with that Regulation the Fund is to be implemented through National and Regional Partnership Plans (the ‘NRP Plans’) and the EU Facility (the ‘Facility’).
(3) Regulation (EU) No 1308/2013 of the European Parliament and of the Council 17 provides for all basic elements of the common organisation of the markets in agricultural products.
(4) The CAP support provided for in Regulation (EU) No 1308/2013 for the period post-2027 will be supported by the Fund and subject to the rules laid down in Regulations (EU) .../... [NRPF Regulation] and (EU) .../... of the European Parliament and of the Council [Performance Regulation] 18 , as complemented by Regulation (EU) No 1308/2013.
(5) The production of protein crops in the Union faces persistent difficulties, due in particular to volatile supply and demand at local level and the agronomic challenges of their cultivation, which make them a higher-risk option for farmers. In order to support their production and reduce the Union dependence on imports for high-quality proteins, it is appropriate to create a distinct protein crop sector in Annex I to Regulation (EU) No 1308/2013. Furthermore, in order to facilitate the setting up of producer and interbranch organisations in the protein crop sector, and thereby strengthen the value chain at regional, national and transitional level, its recognition should be made mandatory. As the main products of the dried fodder sector listed in Part IV of Annex I to that Regulation should be included in the protein sector, the dried fodder sector should be removed from Regulation (EU) No 1308/2013.
(6) By its judgment of 7 September 2016 in Case C-113/14 19 , the Court of Justice of the European Union (‘the Court’) annulled Article 7 of Regulation (EU) No 1308/2013 determining the reference thresholds for agricultural products on the grounds that those thresholds should have been adopted by the Council only, on a proposal from the Commission, on the basis of Article 43(3) of the Treaty on the Functioning of the European Union (TFEU). It is therefore appropriate to delete Article 7 of Regulation (EU) No 1308/2013.
(7) Regulation (EU) No 1308/2013 lays down rules for public intervention. Regulation (EU) 2021/2116 laid down rules for public intervention expenditure and empowered the Commission to supplement that Regulation with rules on the type of measures eligible for Union financing and the reimbursement conditions, the eligibility conditions and calculation methods based on the information actually observed by the paying agencies, on flat rates determined by the Commission, or on flat-rate or non-flat-rate amounts provided for by the agricultural legislation in specific sectors, the valuation of operations in connection with public intervention, the measures to be taken in the case of loss or deterioration of products under the public intervention, and the determination of the amounts to be financed. Since these rules are necessary for the functioning of the system of public intervention, the existing empowerments should be integrated in Regulation (EU) No 1308/2013.
(8) In addition to the rules on public intervention, Regulation (EU) No 1308/2013 lays down rules on aid for private storage. Commission Delegated Regulation (EU) 2016/1238 20 and Commission Implementing Regulation (EU) 2016/1240 21 lay down rules on checks and penalties adopted pursuant to empowerments for delegated and implementing acts laid down in Regulation (EU) No 1306/2013 of the European Parliament and of the Council 22 . Following the repeal of Regulation (EU) No 1306/2013 and in view of Regulations (EU) .../... [NRPF Regulation] and (EU) .../... [Performance Regulation], the empowerments laid down in Regulation (EU) No 1306/2013 and in Regulation (EU) 2021/2116 of the European Parliament and of the Council 23 to adopt delegated and implementing acts concerning checks and penalties related to public intervention and aid for private storage should be integrated into Regulation (EU) No 1308/2013.
(9) In particular, the Commission should be empowered to adopt delegated acts to supplement Regulation (EU) No 1308/2013 with rules on reduction of payment of aid in case operators do not comply with their obligations relating to the conditions for public intervention or for private storage. The Commission should also be empowered to adopt, by way of implementing acts, uniform rules for Member States for the tests and methods to be applied in order to establish the eligibility of products for public intervention and private storage and the use of tendering procedures for public interventions or for private storage, on administrative and on-the-spot checks to be conducted by Member States with regard to the respect of obligations, commitments and eligibility criteria for public intervention or for private storage as well as on the application and calculation of administrative penalties by Member States when operators do not comply with the eligibility criteria, commitments or other obligations relating to the conditions for public intervention or for private storage.
(10) The aid for the supply of fruit and vegetables and of milk and milk products in educational establishments laid down in Part II, Title I, Chapter II, of Regulation (EU) No 1308/2013 (‘EU school scheme’) has proven to be effective in increasing the consumption of selected agricultural products. In order to contribute to achieving the CAP objectives, the EU school scheme should be continued. However, in order to increase its effectiveness and to ensure coherence with other CAP instruments, the EU school scheme should be based on delivery of performance and should be implemented as a type of intervention supported by the Fund. The Union should set the basic policy parameters, such as the objectives of the EU school scheme and its basic requirements, while Member States should 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. Rules laid down in Regulations (EU) .../... [NRPF Regulation] and (EU) …/… [Performance Regulation] should apply to the EU school scheme, as complemented by this Regulation. The EU school scheme being a market intervention measure, the specific rules on the type of intervention should be laid down in Regulation (EU) No 1308/2013.
(11) The objective of the EU school scheme is to reconnect children with agriculture and increase healthy eating habits. As children from vulnerable groups are more prone to have unhealthy diets, Member States should be given the possibility to focus on these groups according to socio-economic considerations. 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. To avoid duplicates, the national curriculum can be used instead of the EU school 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, it is appropriate to exclude those products from the EU school scheme.
(12) Considering that the EU school scheme implemented under the Fund is to cover the period from 1 January 2028 to 31 December 2034, the deletion of the provisions relating to the EU school scheme laid down in Part II, Title I, Chapter II, of Regulation (EU) No 1308/2013 should apply from 1 January 2028. In order to ensure a smooth transition, it should be provided that the deleted provisions continue to apply in respect of measures implemented until 31 December 2027. Furthermore, considering that the EU school scheme laid down in Part II, Title I, Chapter II, of Regulation (EU) No 1308/2013 will therefore be discontinued before the end of school year 2027/2028, which runs from 1 August 2027 until 31 July 2028, the overall limit of Union aid laid down per school year in Article 23a of Regulation (EU) No 1308/2013, should be proportionally reduced for that school year.
(13) Types of intervention in certain sectors are needed to contribute to achieving the CAP objectives and reinforce synergies with other CAP instruments. Minimum requirements concerning the contents and objectives for such types of intervention should be established at Union level in order to ensure a level playing field in the internal market and avoid conditions of unequal and unfair competition. When including interventions in certain sectors in their NRP Plans, Member States should ensure consistency with other interventions at sector 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. In particular, given the Union’s deficit on plant protein and the environmental benefits their production brings, legumes should be included among the products eligible for support while respecting the EU WTO schedule on oilseeds.
(14) In order to protect the financial interests of the Union’s budget, and ensure that penalties are proportionate, effective and dissuasive, the Commission should be empowered to adopt delegated acts to supplement Regulation (EU) No 1308/2013 with rules on the suspension, reduction and recovery for payments of aid for sectoral interventions in case of non-respect of the recognition criteria by the producer organisations. In addition, the Commission should be empowered to adopt, by way of implementing acts, rules on administrative and on-the-spot checks to be conducted by Member States on producer organisations or associations of producer organisations to verify compliance with the recognition criteria, as well as rules on a unique identification system of recognised producer organisations and associations of producer organisations.
(15) In line with the conclusions of the Commission report on new marketing standards for dried leguminous vegetables and soya bean 24 , 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 meet should be added to the list for which marketing standards may 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.
(16) The Commission Communication ‘A Vision for Agriculture and Food’ recalls livestock is an essential part of the Union’s agriculture, competitiveness and cohesion. Sustainable livestock systems are essential for the Union economy, the viability of rural areas and the preservation of the environment and rural landscapes. 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. In this context, it is necessary to acknowledge the natural composition of meat and meat products, in the interest of both Union producers and consumers. Meat-related terms often carry cultural and historical significance. It is therefore appropriate to protect meat-related terms to enhance transparency in the internal market as regards the 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.
(17) Regulation (EU) No 228/2013 of the European Parliament and of the Council 25 introduced a logo to encourage farmers in the outermost regions to continue to supply high-quality products and to promote their marketing. In view of Regulations (EU) .../... [NRPF Regulation] and (EU) .../... [Performance Regulation], provisions laid down in Regulation (EU) No 228/2013 concerning the use of the logo should be integrated into Regulation (EU) No 1308/2013 and apply from 1 January 2028.
(18) Article 125(1) 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. For the sake of clarity, Article 125, Part II, Section A, points 5 and 6, of Annex II, and Annex X to Regulation (EU) No 1308/2013 should be amended to ensure consistency between those provisions as regards the parties to the agreements within the trade and as regards the products concerned by those agreements and subject to purchase terms. In particular, it should be clarified that the rules on sugar agreements and purchase terms apply not only to sugar beet but also to sugar cane.
(19) Innovation and the growth of the bioeconomy have led to new applications for hemp biomass derived from all parts of the plant. This provides farmers with additional opportunities to valorise the plant beyond fibre production, making hemp a more attractive and competitive crop. In addition, growing hemp has environmental and climate benefits as it does not require pesticides or fertilisers and improves soil structure. Several hemp products, including raw hemp (CN 5302), hemp seeds (CN 1207 99 91) and other hemp parts (CN 1211 90 86) are listed as agricultural products in Annex I to the TFEU. In the interest of clarity, the products covered by the flax and hemp sector listed in Annex I, Part VIII, to Regulation (EU) No 1308/2013 should be amended to include hemp products other than raw hemp.
(20) Some Member States have adopted national measures, on grounds of health protection, that prohibit the production or marketing of specific hemp products. These divergent national approaches undermine the proper functioning of the common market organisation, create legal uncertainty and barriers in the internal market and cause unfair competition between farmers in different Member States.
(21) In compliance with various international instruments which the Member States have cooperated on or acceded to, as the United Nations Single Convention on Narcotic Drugs of 1961 and the Convention on Psychotropic Substances of 1971, the marketing of narcotic drugs should be prohibited, with the exception of strictly controlled trade or use for medical and scientific purposes. However, it follows from the reasoning of the Court in Case C-663/18 26 that non-psychoactive products as cannabidiol derived from hemp varieties with a low Δ9-tetrahydrocannabinol content are not to be considered narcotic drugs under these conventions.
(22) Scientific evidence also suggests that hemp products obtained from varieties containing a maximum tetrahydrocannabinol content of 0.3 % are unlikely to pose a risk to human health. Therefore, to ensure legal certainty, promote the development of the sector, guarantee a level playing field across the Union and support the proper functioning of the common market organisation, while protecting public health interests, it is necessary to lay down harmonised rules at Union level for the production and marketing of hemp agricultural products that provide public health safeguards. In particular, these rules should include a uniform maximum limit of tetrahydrocannabinol content, as well as other appropriate safeguards.
(23) Furthermore, it is also appropriate to amend Article 189 of Regulation (EU) No 1308/2013 that lays down rules on the imports of hemp in order to ensure consistency with the new Union rules on the marketing of hemp products.
(24) In order to ensure legal certainty and to avoid disproportionate disruption for farmers, transitional arrangements should be put in place for the placing on the market of hemp products derived from hemp plants sown before the date of application of the new marketing conditions. Those products should be allowed to continue to be marketed subject to the rules in force prior to that date and only until [31 December of the year after the entry into force of this amending Regulation]. After that date, all hemp products should comply with the new marketing conditions.
(25) In order to ensure a smooth transition following the creation of the protein crop sector, and to provide legal certainty and continuity for recognised producer or interbranch organisations, it is appropriate to provide that producer or interbranch organisations already recognised before [date of entry into force of this amending Regulation] for products that fall under the new protein crop sector should be deemed to be recognised in that sector. Such producer organisations should also retain their recognition for other products listed under other sectors. However, in cases where they no longer meet the relevant conditions for recognition in one or more sectors, Member States should withdraw the corresponding recognition no later than [31 December 20XX at least 2 full years after the date of entry into force of this amending Regulation].
(26) In order to ensure a smooth transition following the amendment of the products listed in the flax and hemp sector in Point VIII of Annex I to Regulation (EU) No 1308/2013, and to provide legal certainty and continuity for recognised producer or interbranch organisations, it is appropriate to provide that producer or interbranch organisations already recognised before [date of entry into force of this amending Regulation] for products that fall under the amended flax and hemp sector should be deemed to be recognised in that sector. Such producer organisations should also retain their recognition for other products listed under other sectors. However, in cases where they no longer meet the relevant conditions for recognition in one or more sectors, Member States should withdraw the corresponding recognition no later than [31 December 20XX at least 2 full years after the date of entry into force of this amending Regulation].
(27) 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(4) 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 the imports are unlikely to disturb the Union market, or where the 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 the obligations set out in the WTO Agreement on Agriculture, and in order to address the stakeholders’ concerns and simplify the procedure, that paragraph 2 should be deleted.
(28) Regulation (EU) No 1308/2013 lays down rules on the management of tariff quotas. Commission Delegated Regulation (EU) 2020/760 27 lays down rules on penalties for operators for cases of non-compliance with the conditions and eligibility requirements that an operator has to fulfil to submit an application within the tariff quota, that were adopted pursuant to an empowerment for the adoption of delegated acts laid down in Regulation (EU) No 1306/2013. Following the repeal of Regulation (EU) No 1306/2013, the empowerment to adopt delegated acts in this respect should be integrated in Regulation (EU) No 1308/2013.
(29) Article 214a of Regulation (EU) No 1308/2013 allows Finland to grant, under certain conditions, national aid in Southern Finland until 2027, subject to the authorisation of the Commission. In view of the specificities of Finnish agriculture, the granting of that national aid should continue to be allowed for the period 2028 to 2034.
(30) Regulation (EU) No 228/2013 granted a state aid derogation for national payments for the sugar sector in the French outermost regions in order to mitigate the specific constraints on sugar farming in those regions linked to their extreme remoteness, specifically their isolation, insularity, small surface areas, mountainous terrain and climate and their economic dependency on sugar production. In view of Regulations (EU) .../... [NRPF Regulation] and (EU) .../... [Performance Regulation], provisions laid down in Regulation (EU) 228/2013 granting that derogation should be integrated into Regulation (EU) No 1308/2013 and apply from 1 January 2028.
(31) As underlined in the Joint Communication on the European Preparedness Union Strategy 28 , the Union should strengthen its preparedness in response to growing risks and deep uncertainty, with the objective of establishing a secure and resilient Union equipped with the capacities to anticipate, respond to and manage threats and hazards, regardless of their nature or origin. Preparedness considerations should be integrated into all Union policies. The Commission Communication ‘EU stockpiling strategy: Boosting the EU's material preparedness for crises’ 29 stressed 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.
(32) To ensure the availability of supply, set out as one of the objectives of the CAP in the TFEU, also in time of emergencies and severe crises, preparedness in the agricultural sector 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 the national competences and the specific circumstances of each Member State and the principles of subsidiarity and proportionality.
(33) Member States should therefore be required 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 Union-level stress testing exercises. Where Member States establish and manage reserves of agricultural products, they should be implemented as part of their national and/or regional preparedness and response plans and should be designed in a manner that minimises market distortions. Those preparedness efforts should be complemented by enhanced obligations during crises or high-risk situations, including mandatory reporting.
(34) In order to ensure the uniform conditions for the implementation of the provisions concerning the availability of supplies in time of emergencies and severe crises, implementing powers should be conferred on the Commission as regards reporting requirements concerning the food security preparedness and response plans, cross-border cooperation in the framework of development and application of the food security preparedness and response plans, coordinated actions for the establishment and management of reserves, such as the identification of categories of products for the establishment of the reserves and the development of joint risk assessments and early warning mechanisms to mitigate cross-border supply risks and ensure continuity of supply during disruptions, voluntary solidarity and mutual assistance mechanisms by which Member States make parts of their reserves available to another Member State facing severe shortages, real-time reporting on stocks and other relevant information as well as technical and procedural requirements for the secure handling and exchange of information. Those powers should be exercised in accordance with Regulation (EU) No 182/2011 of the European Parliament and of the Council 30 .
(35) Various provisions of agricultural legislation require that security be lodged to ensure the payment of a sum due if an obligation is not met. This is in particular the case for the management of tariff quotas and of public intervention and private storage. In view of Regulations (EU) .../... [NRPF Regulation] and (EU) .../... [Performance Regulation], provisions laid down in Regulation (EU) 2021/2116 concerning securities should be integrated into Regulation (EU) No 1308/2013. The empowerments to adopt delegated and implementing acts concerning securities should also be maintained and therefore integrated into Regulation (EU) No 1308/2013.
(36) In particular, in order to ensure non-discriminatory treatment, equity and the respect of proportionality when lodging a security, that delegation of power should cover rules on securities specifying the responsible party in the event that an obligation is not met, laying down the specific situations in which the competent authority may waive the requirement of a security, the conditions applicable to the security to be lodged and the guarantor, the conditions for lodging and releasing that security, the specific conditions related to the security lodged in connection with advance payments, and setting out the consequences of breaching the obligations for which a security has been lodged. Furthermore, the implementing powers of the Commission should cover the form of the securities to be lodged and the procedure for lodging the securities, for accepting them, and for replacing the original securities; the procedures for the release of securities; and the notification to be made by Member States or by the Commission in the context of securities.
(37) Regulation (EU) .../... [NRPF Regulation] provides that as regards expenditure for public intervention, the Commission has in certain cases to fix the uniform standard amounts for material operations arising from storage and, where appropriate, for the processing of the products eligible for public intervention referred in Article 11 of Regulation (EU) No 1308/2013. The relevant implementing acts are to be adopted in accordance with the advisory procedure laid down in Regulation (EU) No 182/2011. For the adoption of these implementing acts the Commission should be assisted by the Committee for the Common Organisation of the Agricultural markets established by Regulation (EU) No 1308/2013. Since that Regulation does not contain any reference to the advisory procedure of Regulation (EU) No 182/2011, a reference to that procedure should be inserted in Regulation (EU) No 1308/2013.
(38) Section B, point IV, of Annex IV to Regulation (EU) No 1308/2013 lays down that the grading methods to assess the lean-meat content for the purposes of the Union scale for the classification of pig carcasses are to be authorised by the Commission. Considering that the pig grading methods to assess the lean-meat content are authorised per Member State, for the sake of simplicity and reduction of administrative burden, the grading methods should be authorised by Member States instead of the Commission.
(39) Point VIII of Annex X to Regulation (EU) No 1308/2013 provides that delivery contracts between beet sellers and sugar undertaking are to set out the arrangements for the return or compensation of beet pulp. In order to ensure greater legal clarity and reinforce the protection of the rights of beet sellers, it is appropriate to amend Annex X to that Regulation to explicitly provide that the beet pulp obtained from the beet delivered remains the property of the beet seller unless otherwise agreed. To ensure transparency and balanced contractual relations, delivery contracts should explicitly stipulate the arrangements for the return, retention or processing of the pulp, including, where applicable, the quantities concerned, the sharing of pressing or drying costs, and the price or calculation method for any compensation due.
(40) Regulation (EU) No 1308/2013 should therefore be amended accordingly.
(41) In order to give stakeholders sufficient time to adapt to the changes, the amendments related to agreements within the trade for the sugar sector should apply from [1 October of the year after the date of entry into force of this Regulation].
(42) In order to give stakeholders sufficient time to adapt, the rules on the conditions for the marketing, production and imports of hemp should apply from [1 January after the date of entry into force of this Regulation] and the rules on meat-related terms should apply from [12 months after the date of entry into force of this Regulation].
(43) In order to give Member States time to start implementing the provisions on the availability of supplies in time of emergencies and severe crises, these provisions should apply from [12 months after the date of entry into force of this Regulation].