Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL amending Regulation (EU) No 1308/2013 and Regulation (EU) No 1306/2013 as regards the aid scheme for the supply of fruit and vegetables, bananas and milk in the educational establishments Proposal for a COUNCIL REGULATION amending Regulation (EU) No 1370/2013 determining measures on fixing certain aids and refunds related to the common organisation of the markets in agricultural products - Delegations' comments to the Presidency revised texts - Main contents

Document date	22-09-2015
Publication date	23-09-2015
Reference	12217/15 ADD 2
From	General Secretariat of the Council
External link	original article
Original document in PDF

Council of the European Union

Brussels, 22 September 2015

PUBLIC

(OR. en)

12217/15

Interinstitutional Files: ADD 2

2014/0014 (COD) i

2014/0013 (NLE) i LIMITE

AGRI 480 AGRIFIN 81 AGRIORG 65 CODEC 1213

NOTE

From: General Secretariat of the Council

To: Delegations

No. prev. doc.: 11603/15

No. Cion doc.: 5958/14, 6054/14

Subject: Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND

OF THE COUNCIL amending Regulation (EU) No 1308/2013 i and Regulation (EU) No 1306/2013 i as regards the aid scheme for the supply of fruit and vegetables, bananas and milk in the educational establishments

Proposal for a COUNCIL REGULATION amending Regulation (EU) No 1370/2013 i determining measures on fixing certain aids and refunds related to the common organisation of the markets in agricultural products

• - 

  Delegations' comments to the Presidency revised texts

Following the Working Party on Horizontal Agricultural Questions on 16 September 2015,

delegations will find in Annex the comments from the Irish delegation.

ANNEX

Comments from the Irish delegation

Fixing Regulation

Article Revised Text Ireland obs – quick ref 5(0) The Union aid allocated for the distribution of products, the supporting Ireland has no objections to this amendment as it reflects the current Total Amount of accompanying educational measures and the related costs referred to in regime (Council Reg1370/2013).

Union Aid Article 23(1) of Regulation (EU) No 1308/2013 i, without prejudice to taking into account the transfers referred to in paragraph 4 of this Article, shall not exceed:

(a) for products referred to in Article 23(2)(a) of Regulation (EU) No 1308/2013 ("school fruit and vegetables"), including bananas: EUR 150 million per school year; b) for products referred to in Article 23(2)(b) of Regulation (EU) No 1308/2013 ("school milk"): EUR 80 [100] million per school year.

5(0)a first subpara Union aid for the financing of accompanying educational measures as Ireland supports this amendment and believes implementing acts are Maximum Union Aid referred to in point (b) of Article 23(1) of Regulation (EU) No 1308/2013 i the appropriate mechanism for fixing union aid for accompanying

for the financing of shall not exceed [15% ] of Member States' annual definitive allocations measures and other costs. Re. the level of union aid proposed for the accompanying referred to in paragraph 6 of this Article. financing of accompanying measures i.e. 15% in square brackets, measure The Commission shall adopt implementing acts fixing the maximum level Ireland proposes that this percentage be increased to 30% in line with

of Union aid per category of related costs as referred to in point (c) of GREX recommendations (GREX Recommendations on the 2 April nd Article 23(1) of Regulation (EU) No 1308/2013 i as a percentage of 2014 on the implementation of the SFVS).

Member States’ annual definitive allocations or as a percentage of the costs of the products. When fixing those maximum levels, the Commission

shall ensure that Union aid for such costs in total does not exceed [10 % ]

of both of Member States' annual definitive allocations referred to in paragraph 6 of this Article.

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5(0)a second [A provision will be developed to the effect of setting the level of Union aid In relation to the SFVS, Ireland believes that setting the level of subpara Maximum that may be paid per child /quantity towards the cost for the supply and Union aid that may be paid toward products on a “per child basis” will union aid per distribution of school fruit and vegetables and school milk distributed under be compatible with the Food Dudes Model as operated in Ireland and portion the scheme] is preferable to the setting of aid on a “per portion model”.

In relation to the SMS, a per portion basis may be more appropriate given its evolution and products typically utilised.

5(2) first subpara The aid referred to in Article 23(1) paragraph 0 shall be allocated to each In relation to the SFVS , Ireland supports this amendment as it criteria for Member State in accordance with paragraph 3 and taking into account the reflects the current regime (Council Regulation 1308/2013 i- Article allocation of aid following criteria: 23(5)).

• for fruit and vegetables including bananas: objective criteria based

on: In relation to the SMS, it would be helpful to see what the data relays the number of six-to ten-year old children in that Member State, in terms of an outcome from this text. Presentation of the data using • (ii) the degree of development of the regions within a Member various scenarios (50/50 v other) would inform MS as to what a

State in order to ensure higher aid to less developed regions within the mixing of the criteria (historic and objective) for the SMS would mean meaning of Article 3(5) of this Regulation, the outermost regions listed in practice for MS. Before Ireland can consider that both criteria in Article 349 of the Treaty and the smaller Aegean Islands within the should be used it would have to examine the data compiled in detail.

meaning of Article 1(2) of Regulation (EU) No 229/2013 i, and • in addition, for school milk, the historical use of Union aid funds

under previous schemes for the supply of milk and milk products to children and objective criteria based on the number of six-to tenyear old children in that Member State.

5(2) second However, Member States shall each receive at least EUR 290 000 of Ireland supports this amendment as it reflects the current regime subpara: Minimum Union aid for the distribution of school fruit and vegetables, and at least (Council Regulation 1370/2013 i) envelope for each EUR [155 000]/ [193 000] of Union aid for the distribution of school milk. Member State

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5(3) e On the basis of the criteria laid down in paragraph 2, the Commission Re. SFVS – Ireland has no objections to this amendment as it reflects shall adopt implementing acts fixing the indicative allocations to each the current regime (Council Regulation 1370/2013 i)

Member State of the aid referred to, respectively, in points (a) and (b) of paragraph 0.

The Commission shall assess at least every three years whether those indicative allocations for fruit and vegetables including bananas and for milk remain consistent with the objective criteria referred to in this paragraph 2. Where necessary, the Commission shall adopt implementing acts fixing new indicative allocations.

The implementing acts referred to in this paragraph shall be adopted in accordance with the examination procedure referred to in Article 15(2).

5(4) Transfers Without exceeding the global ceiling of EUR 230 [250] million resulting Ireland supports this amendment. It welcomes the proposed increase from the amounts referred to under points (a) and (b) of paragraph 1 0, any in the ceiling from Eur 230m to Eur 250m reflecting the increase in

Member States may transfer annually up to 15% [20%] of their its milk envelope from Eur 80m to Eur 100m. It also welcomes the indicative allocations for school fruit and vegetables including bananas or proposed increase from 15% to 20% in the amount of allocation of aid for school milk to the other sector under the conditions referred to in that can be transferred between the SFVS envelope and the SMS Article 24(2)(b). In such case, the Member State concerned shall not, in envelope. its annual request for aid referred to in Article 23(7a) of Regulation (EU) No 1308/2013, request an amount of aid exceeding the remaining part of its indicative allocation for the sector from which funds have been transferred.

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5(5) reallocation Member States have not applied for the participation in the school scheme Ireland supports this amendment and believes implementing acts are as referred to in Article 23(7a) of Regulation (EU) No 1308/2013 i or have, an appropriate mechanism for adopting the necessary measures to in their requests for the Union aid submitted to the Commission pursuant carry out reallocation of aid.

to that Article, requested only part of their indicative allocation referred to in paragraph 3, the Commission shall reallocate that indicative allocation or the unrequested part thereof to those Member States who have notified it of their willingness to use more than their indicative allocation.

The Commission shall, by means of implementing acts, adopt the measures necessary for carrying out such reallocation, which shall be based on the criterion referred to in point (a)(i) of paragraph 2 and limited according to the level of use of the definitive allocation of Union aid, referred to in paragraph 6, by the Member State concerned for the school year that ended prior to the annual request for the Union aid.

Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 15(2) of this Regulation.

5(6) Fixing of Ireland has no objections to this amendment as it is in line with definitive Following the requests of the Member States in accordance with Article current regime (Council Regulation 1370/2013 i). allocations 23(7a) of Regulation (EU) No 1308/2013 i, the Commission shall each year

adopt implementing acts fixing the definitive allocation of aid for school fruit and vegetables and for school milk between participating Member States within the limits set out in paragraph 0, taking account of the transfers referred to in paragraph 4 of this Article. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 15(2) of this Regulation.

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Single CMO Regulation Article Revised Text Ireland obs – quick ref 23 (1) List of eligible Union aid shall be granted in respect of children in the educational Ireland has no objections to this amendment as it reflects the current product and role of establishments referred to in Article 22: regime (Council Reg1308/2013). National Health (a) for the supply of fruit and vegetables, bananas, and milk products Authorities referred to in paragraph 2;

(b) for supporting accompanying educational measures; and (c) to cover certain related costs linked to logistics and distribution, equipment, publicity, monitoring and evaluation.

23 (2) Member States wishing to participate in the aid scheme established in Re 23 (2)(a) – While Ireland does not propose to distribute processed List of eligible paragraph 1 ("the school scheme") may distribute either or both of the fruit and vegetables under the Irish SFVS, it has no objections to this product and role of following: amendment as it reflects the current regime (Council Reg1308/2013). National Health (a) products of the fruit and vegetables, processed fruit and vegetable Authorities products and including bananas sectors ("school fruit and vegetables"); Re 23 (2)(b) Ireland’s preference would be toward using less

(b) or milk and certain processed milk products falling within CN codes processed products. As such it would prefer that the focus were on 0401, 0403, 0404 90, 0406 and 2202 90 ("school milk"). or both. drinking milk (0401), yoghurt (0403) and cheese (0406).

Annex V Products listed in Annex V shall be excluded from the school scheme. Annex V Parts 1 & 2 - Ireland supports this amendment and believes List of eligible However, for school fruit and vegetables, in duly justified cases, such as the inclusion of an Annex V will act as a safeguard against the product and role of where a Member State wants to ensure a broad assortment of products or distribution of unsuitable products. It provides a framework for any National Health wants to make its scheme more attractive, its strategy may provide that consultation with National Health Authorities on the selection of Authorities such products may become eligible if only limited amounts of the products.

substances referred to in that Annex are added. Member States shall ensure that competent health auhtorities endorse the list of such products . that are eligible under their scheme.

PART I As regards point (a) of Article 23(2), products with any of the following: - added sugar, - added fat, - added salt, - added sweeteners.

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PART II 1. As regards point (b) of Article 23(2), products falling within: (a) CN codes 0403 and 0404 90: (í) products containing less than 90 % by weight of milk and containing more than 7 % of added sugar and/or honey; (ii) flavoured and non-flavoured milk products with fruit, fermented or not, containing less than 75 % by weight of milk and containing more than 7 % of added sugar and/or honey; (b) CN code 0406: fresh and processed cheeses, containing more than 10 % of non-lactic ingredients; (c) CN code 2202 90: products containing less than 90 % by weight of milk and containing more than 7 % of added sugar and/or honey. 2.For the purpose of this Part, sugar shall mean the items listed under CN codes 1701 and 1702. In the products covered by this Part, sweeteners shall be used in accordance with Regulation (EC) No 1333/2008 i of the European Parliament and of the Council of 16 December 2008 on food additives.

23(7) Member States shall, in order to promote healthy eating habits, ensure that Ireland supports this amendment. It believes that as Annex V has now their competent health authorities endorse are consulted on the list of all been reinstated, it is no longer necessary for National Health

the products supplied under the school scheme and decide on their Authorities to endorse the list of products supplied under the school nutritional aspects." scheme and consultation is sufficient.

23 (3) As a condition for its participation in the school scheme, a Member State Ireland has in principle no objections to this amendment. It may

National Strategy shall draw up, prior to its participation in the school scheme, and require further detail on the text of the provision at a later date subsequently every six years, at national or regional level, a strategy for the

implementation of the scheme. The strategy may be amended by the Member State, in particular in the light of monitoring and evaluation. The strategy shall at least identify the needs to be met, the ranking of the needs in terms of priorities, the target population, and the results expected and the quantified targets to be attained achieved in relation to the initial situation, and lay down the most appropriate instruments and actions for attaining those objectives

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23a (7b) The school scheme shall be without prejudice to any separate national Ireland has no objections to this amendment as it reflects the current National Schemes school schemes which are compatible with Union law. Union aid provided regime (Council Reg1308/2013). Regarding the reference to

for in paragraph 1 may be used to extend the scope or effectiveness of any paragraph 1, presume this is a reference to Article 23 paragraph 1 as existing national school schemes or school distribution schemes providing paragraph 1 of 23a is deleted. If this is the case would suggest the school fruit and vegetables including bananas, and school milk but shall words “of Article 23” be inserted after the words paragraph 1. not replace funding for these existing national schemes. If the Member State decides to extend an existing national school scheme or make it more effective by applying for Union funds, it shall indicate in its implementation strategy how this will be achieved.

23a (7c) National Member States may, in addition to Union aid, grant national aid in Ireland has no objections to this amendment as it reflects the current Schemes accordance with Article 217. regime (Council Reg1308/2013).

23a (7d) National The Union may also finance, pursuant to Article 6 of Regulation (EU) Ireland has no objections to this amendment as it reflects the current Schemes No 1306/2013, information, monitoring and evaluation measures relating to regime (Council Reg1308/2013).

the school scheme, including raising public awareness of it, and related networking measures

23(4) Member States shall, in order to make the school scheme effective, also Ireland would suggest the insertion of the following text at the end of Accompanying provide for supporting accompanying educational measures, which may the paragraph “or any other accompanying measures that support the Educational include measures and activities aimed at connecting children with distribution of products under the school scheme” Measures agriculture and a wider variety of agricultural products, educating about

related issues, such as healthy eating habits, local food chains, organic farming or combating food waste.

23(5) When drawing up their strategies, Member States shall determine a list of Ireland has no objections to this amendment as it reflects the current Accompanying agricultural products, in addition to fruit and vegetables, bananas and regime (Council Reg1308/2013). Educational milk the products referred to in paragraph 2, that may be included under Measures the supporting accompanying educational measures.

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23(6) Member States shall choose the products to be featured in the distribution or Ireland has no objections to this amendment as it reflects the current Accompanying to be included in supporting accompanying educational measures on the regime (Council Reg1308/2013). Educational basis of objective criteria which may include the health and environmental Measures considerations, seasonality, variety, or availability of local or regional

produce, giving priority to the extent practicable to products originating in the Union, particularly to local or regional purchasing, organic products, short supply chains or environmental benefits.

23(7a) applications Member States shall apply every year for the participation in the school Ireland has no objections to this amendment as it reflects the current for Union Aid scheme by submitting their request for the Union aid, specifying the amount regime (Council Reg1308/2013).

requested for school fruit and vegetables including bananas, and the amount requested for school milk that they wish to distribute. Where appropriate, they shall also specify the amount of the transfers between indicative allocations referred to in Article 5(4) of Regulation (EU) No 1370/2013, and give the reasons therefor.

24 (1) (3) & (4) In order to promote the healthy eating habits of children and to ensure that Ireland has no objections to this amendment as it reflects the current Delegated Powers the aid under the school scheme is aimed at children in the target group regime (Council Reg1308/2013).

referred to in Article 22, the Commission shall be empowered to adopt delegated acts in accordance with Article 227 concerning rules on: (a) the additional criteria related to the targeting of aid by Member States; (b) the approval and selection of aid applicants by Member States; (c) the drawing-up of the national or regional strategies and on the supporting accompanying educational measures.

In order to promote awareness of the school scheme the Commission shall be empowered to adopt delegated acts in accordance with Article 227 requiring Member States with a school scheme to publicise the subsidising role of the Union aid.

In order to ensure the added value and the visibility of the Union scheme,

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the Commission shall be empowered to adopt delegated acts in accordance with Article 227 in respect of the rules concerning the distribution of products in relation to the provision of other meals in educational establishments.

24(5) Delegated Taking into account the need to ensure the Union aid is reflected in the

Powers price at which the products are available under the school scheme, the Ireland has no objections to this amendment/provision

Commission shall be empowered to adopt delegated acts in accordance with Article 227, requiring Member States to explain in their strategy how this will be achieved.

25 Implementing The Commission shall, by means of implementing acts, adopt the measures Ireland supports this amendment and notes it reflects the current

Powers necessary for the application of this Section including: regime.

(a) the definitive allocation of aid for fruit and vegetables including bananas and/or for milk between participating Member States within the limits set out in Article 23a(1), taking account of the transfers referred to in Article 23a(4); (b) the information to be contained in Member States' strategies; (c) the aid applications and payments; (d) the methods of publicising, and networking measures in respect of, the school scheme; (e) the submission, format and content of annual requests for aid transfers between indicative allocations as referred to in Article 23a(4), monitoring and evaluation reports by Member States participating in the school scheme;" Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 229(2).

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