COMMISSION IMPLEMENTING DECISION (EU) 2021/462

of 15 March 2021

fixing the definitive allocation of Union aid to Member States for school fruit and vegetables and for school milk for the period from 1 August 2021 to 31 July 2022 and amending Implementing Decision (EU) 2020/467

(notified under document C(2021) 1571)

THE EUROPEAN COMMISSION,

Having regard to the Treaty on the Functioning of the European Union,

Having regard to Council Regulation (EU) No 1370/2013 of 16 December 2013 determining measures on fixing certain aids and refunds related to the common organisations of the markets in agricultural products (1), and in particular Article 5(6) thereof,

Whereas:

(1) Pursuant to Article 3 of Commission Implementing Regulation (EU) 2017/39 (2), Member States wishing to participate in the Union aid scheme for the supply of fruit and vegetables, bananas and milk in educational establishments (the school scheme) are to submit to the Commission by 31 January each year their request for Union aid relating to the next school year and, if applicable, update the request for Union aid relating to the ongoing school year.

(2) In order to ensure the effective implementation of the school scheme, the allocation of Union aid for school fruit and vegetables and for school milk among participating Member States should be fixed on the basis of the amounts indicated in the request for Union aid by those Member States and taking into account the transfers between Member State’s indicative allocations referred to in Article 23a(4)(a) of Regulation (EU) No 1308/2013 of the European Parliament and of the Council (3).

(3) All Member States notified the Commission of their request for Union aid for the period from 1 August 2021 to 31 July 2022, specifying the amount of aid required for school fruit and vegetables or for school milk, or for both parts of the scheme. In the case of Belgium, France, Cyprus and Sweden the amounts requested took account of the transfers between the indicative allocations.

(4) In order to maximise the full potential of available funds, the unrequested Union aid should be reallocated to Member States participating in the school scheme that indicate, in their request for Union aid, their willingness to use more than their indicative allocation, should additional resources be available.

(5) In their request for Union aid for the period from 1 August 2021 to 31 July 2022, Sweden sought less than the indicative allocation for school fruit and vegetables. Bulgaria, Czechia, Denmark, Germany, Estonia, Ireland, Spain, Croatia, Italy, Latvia, Lithuania, Luxembourg, Hungary, Malta, the Netherlands, Austria, Poland, Slovenia and Slovakia notified their willingness to use more than the indicative allocation for school fruit and vegetables. No Member State sought less than the indicative allocation for school milk.

(6) On the basis of the notified information by Member States, the definitive allocation of Union aid for school fruit and vegetables and for school milk for the period from 1 August 2021 to 31 July 2022 should be fixed.

(7) Commission Implementing Decision (EU) 2020/467 (4) fixed the definitive allocation of Union aid for school fruit and vegetables and for school milk among Member States wishing to participate in the school scheme for the period from 1 August 2020 to 31 July 2021. Some Member States updated their request for Union aid relating to that school year. Denmark, Germany, Luxembourg and the Netherlands notified transfers between the definitive allocation for school fruit and vegetables and the definitive allocation for school milk. Belgium, Spain, the Netherlands and Portugal sought less than the definitive allocation for school fruit and vegetables and/or for school milk. Czechia, Germany, Estonia, Cyprus, Luxembourg, Hungary, Malta, Austria, Slovakia and Sweden notified their willingness to use more than the definitive allocation for school fruit and vegetables and/or for school milk. The United Kingdom did not declare any expenditure by 27 October 2020 in accordance with Article 10(1)(b) of Commission Implementing Regulation (EU) No 908/2014 (5) and, in accordance with the first subparagraph of Article 137(1) of the Agreement on the withdrawal of the United Kingdom of Great Britain and Northern Ireland from the European Union and the European Atomic Energy Community, it has ceased to be entitled to its definitive allocation of Union aid. Therefore, for reasons of clarity, it is appropriate to delete the United Kingdom’s definitive allocation for school year 2020/2021 in Annex I to Implementing Decision (EU) 2020/467.

(8) Implementing Decision (EU) 2020/467 should therefore be amended accordingly.

(9) The measures provided for in this Decision are in accordance with the opinion of the Committee for the Common Organisation of Agricultural Markets,

HAS ADOPTED THIS DECISION:

Article 1 The definitive allocation of Union aid for school fruit and vegetables and for school milk among Member States participating in the school scheme for the period from 1 August 2021 to 31 July 2022 is set out in Annex I.

Article 2 Annex I to Implementing Decision (EU) 2020/467 is replaced by the text set out in Annex II to this Decision.

Article 3 This Decision is addressed to the Member States.

Done at Brussels, 15 March 2021. For the Commission Janusz WOJCIECHOWSKI Member of the Commission

(1) OJ L 346, 20.12.2013, p. 12.

(2) Commission Implementing Regulation (EU) 2017/39 of 3 November 2016 on rules for the application of Regulation (EU) No 1308/2013 of the European Parliament and of the Council with regard to Union aid for the supply of fruit and vegetables, bananas and milk in educational establishments (OJ L 5, 10.1.2017, p. 1).

(3) Regulation (EU) No 1308/2013 of the European Parliament and of the Council of 17 December 2013 establishing a common organisation of the markets in agricultural products and repealing Council Regulations (EEC) No 922/72, (EEC) No 234/79, (EC) No 1037/2001 and (EC) No 1234/2007 (OJ L 347, 20.12.2013, p. 671).

(4) Commission Implementing Decision (EU) 2020/467 of 25 March 2020 fixing the definitive allocation of Union aid to Member States for school fruit and vegetables and for school milk for the period from 1 August 2020 to 31 July 2021 and amending Implementing Decision C(2019) 2249 final (OJ L 98, 31.3.2020, p. 34).

(5) Commission Implementing Regulation (EU) No 908/2014 of 6 August 2014 laying down rules for the application of Regulation (EU) No 1306/2013 of the European Parliament and of the Council with regard to paying agencies and other bodies, financial management, clearance of accounts, rules on checks, securities and transparency (OJ L 255, 28.8.2014, p. 59).