COMMISSION IMPLEMENTING DECISION (EU) 2022/1187

of 7 July 2022

amending Implementing Decision (EU) 2022/493 as regards the definitive allocation of Union aid to Member States for school fruit and vegetables and for school milk for the period from 1 August 2022 to 31 July 2023

(notified under document C(2022)4873)

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) Based on the information Member States notified by 31 January 2022, Commission Implementing Decision (EU) 2022/493 (3) fixed the definitive allocation of Union aid for school fruit and vegetables and for school milk for the period from 1 August 2022 to 31 July 2023.

(3) Pursuant to Article 1 of Commission Implementing Regulation (EU) 2022/861 (4), Member States may submit to the Commission by 15 June 2022 a second request for Union aid for the period from 1 August 2022 to 31 July 2023, linked to the need to cater for the displaced children from Ukraine who are eligible for participation in the school scheme.

(4) In their second request for Union aid for the period from 1 August 2022 to 31 July 2023, France, the Netherlands, Austria and Slovenia indicated their willingness not to use the entire amount of their definitive allocation of Union aid for school fruit and vegetables and/or for school milk set out in Annex I to Implementing Decision (EU) 2022/493. Bulgaria, Czechia, Germany, Estonia, Greece, Latvia, Lithuania, Hungary, Poland, Romania and Slovakia notified their willingness to use more than their definitive allocation of Union aid for school fruit and vegetables and/or for school milk set out in Annex I to Implementing Decision (EU) 2022/493. Belgium, Bulgaria, Denmark, Ireland, Greece, Spain, Croatia, Italy, Cyprus, Luxembourg, Malta, the Netherlands, Austria, Portugal, Slovenia, Finland and Sweden did not submit a second request for Union aid for school fruit and vegetables and/or for school milk and are therefore regarded as having confirmed their definitive allocations set out in Annex I to Implementing Decision (EU) 2022/493.

(5) In order to maximise the full potential of available funds and address the difficulties in implementing the school scheme as a result of the displacement of children from Ukraine following the military aggression by Russia against Ukraine on 24 February 2022, it is appropriate to revise the definitive allocation of Union aid for school fruit and vegetables and for school milk for the period from 1 August 2022 to 31 July 2023. The reallocation of the unrequested amounts of definitive allocations of Union aid should take into account the Member States’ second requests for Union aid and is to be based on the number of six- to ten-year old children in the Member States, in accordance with Article 5(5), second subparagraph, of Regulation (EU) No 1370/2013.

(6) Annex I to Implementing Decision (EU) 2022/493 should therefore be amended accordingly.

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

HAS ADOPTED THIS DECISION:

Article 1 Annex I to Implementing Decision (EU) 2022/493 is replaced by the text set out in the Annex to this Decision.

Article 2 This Decision is addressed to the Member States.

Done at Brussels, 7 July 2022. 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) Commission Implementing Decision (EU) 2022/493 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 2022 to 31 July 2023 and amending Implementing Decision (EU) 2021/462 (OJ L 100, 28.3.2022, p. 55).

(4) Commission Implementing Regulation (EU) 2022/861 of 1 June 2022 laying down exceptional rules for the Member States’ second requests for Union aid for school fruit and vegetables and for school milk and derogating from Implementing Regulation (EU) 2017/39 as regards the reallocation of Union aid, for the period from 1 August 2022 to 31 July 2023 (OJ L 151, 2.6.2022, p. 42).