TEXT PROPOSED BY THE COMMISSION AMENDMENTS

Amendment 1 Proposal for a regulation — amending act Recital 2

(2) The objectives of the CAP set out in Article 33 of the Treaty include the stabilisation of markets, assuring the availability of supplies and ensuring that supplies reach consumers at reasonable prices. The provision of Community aid under a School Fruit Scheme to supply fruit and vegetable and banana products to pupils in educational establishments would meet these objectives. Further, the Scheme should bring young consumers to appreciate fruit and vegetables and therefore should enhance future consumption thereby promoting earnings in agriculture, also an objective of the CAP. In addition, under Article 35(b) of the Treaty, provision may be made within the framework of the common agricultural policy for joint measures, such as a School Fruit Scheme, to promote consumption of certain products. (2) The objectives of the CAP set out in Article 33 of the Treaty include the stabilisation of markets, assuring the availability of supplies and ensuring that supplies reach consumers at reasonable prices. The provision of Community aid under a School Fruit Scheme to supply fruit and vegetables and bananas of EU origin, and products therefrom which should be as fresh as possible, seasonal, and obtainable at low cost , to pupils in educational establishments would meet these objectives. As required by the principle of subsidiarity, Member States should, when determining the target group, be accorded sufficient flexibility to enable them, in keeping with their needs, to supply school fruit to as wide a circle of users as possible . Further, the Scheme should bring young consumers to appreciate fruit and vegetables and should therefore have a highly positive effect on public health and the fight against child poverty, enhance future consumption, create a multiplier effect by involving pupils, parents and teachers , thereby having a markedly positive effect on public health and promoting earnings in agriculture, also an objective of the CAP. In addition, under Article 35(b) of the Treaty, provision may be made within the framework of the common agricultural policy for joint measures, such as a School Fruit Scheme, to promote consumption of certain products, to be combined with an additional health and nutrition education component, and to provide encouragement and stimulus to regional producers, in particular those of mountain regions .

Amendment 2 Proposal for a regulation — amending act Recital 2a (new)

(2a) The School Fruit Scheme should be clearly identified as an EU initiative aimed at combating obesity in young people and developing their taste for fruit and vegetables. It should also serve, with the aid of appropriate educational programmes, to make children aware of the changing seasons in the course of a year. To that end, education authorities should, as a matter of priority, ensure the distribution of seasonal fruit, giving preference to a varied range of fruits so as to enable children to discover different tastes.

Amendment 3 Proposal for a regulation — amending act Recital 3

(3) Moreover, Article 152(1) of the Treaty requires that ‘a high level of human health protection shall be ensured in the definition and implementation of all Community policies’. The clear health benefits of a School Fruit Scheme are aspects which should be integrated into the implementation of the CAP. (3) Moreover, Article 152(1) of the Treaty requires that ‘a high level of human health protection shall be ensured in the definition and implementation of all Community policies’. The clear health benefits of a School Fruit Scheme are aspects which should be integrated into the implementation of EU policies in general, and into the CAP in particular .

Amendment 4 Proposal for a regulation — amending act Recital 3a (new)

(3a) The European Action Plan for Organic Food and Farming proposes the launch of a multi-annual EU-wide information and promotion campaign over several years to inform schools about the merits of organic farming and to increase consumer awareness and recognition of organic products, including recognition of the EU logo. The School Fruit Scheme should support these objectives, particularly with regard to organic fruit, and accompanying measures should include the provision of information about organic agriculture.

Amendment 5 Proposal for a regulation — amending act Recital 6

(6) Provision should therefore be made for Community aid to co-finance the supplying to pupils in educational establishments certain healthy products of the fruit and vegetables, processed fruit and vegetables and bananas sectors and also for certain related costs of logistics, distribution, equipment, communication, monitoring and evaluation. The Commission should lay down the conditions of the Scheme. (6) Provision should therefore be made for Community aid to finance the supplying to pupils in educational establishments certain healthy products of the fruit and vegetables and bananas sectors and also for certain related costs of logistics, distribution, equipment, communication, monitoring and evaluation, as well as the accompanying measures required to ensure the effectiveness of the Scheme . The Commission should lay down the conditions of the Scheme. Particular attention should be paid to the requirements of quality and sustainability of the products covered by the Scheme: they should meet the highest standards and should, preferably, be seasonal and produced locally where possible, or within the EU .

Amendment 6 Proposal for a regulation — amending act Recital 7

(7) In order to ensure orderly implementation of the School Fruit Scheme, Member States, at national or regional level, wishing to make use of it should draw up a prior strategy. They should also provide for accompanying measures required to make the scheme effective. (7) In order to ensure orderly implementation of the School Fruit Scheme, Member States, at national or regional level, wishing to make use of it should draw up a prior strategy, including in the area of education for the target groups . They should also provide for accompanying educational and logistic measures required to make the scheme effective, and the Commission should provide guidelines for the implementation of this regulation. Member States may incorporate these measures in an educational manner into teaching packages on health and nutrition in schools .

Amendment 7 Proposal for a regulation — amending act Recital 8

(8) So as not to restrict the overall impact of similar national measures, Member States should also be permitted to grant additional national aid for the supply of products and related costs and accompanying measures and the Community School Fruit Scheme should be without prejudice to any separate national school fruit schemes which respect Community law. However, in order to ensure a practical effect for the Community Scheme, it should not replace current funding for existing national School Fruit Schemes or other school distribution schemes that include fruit. (8) So as not to restrict the overall impact of similar national measures, Member States should also be encouraged to grant additional national aid for the supply of products and related costs and accompanying measures and the Community School Fruit Scheme should be without prejudice to any separate national school fruit schemes which respect Community law. However, in order to ensure a practical effect for the Community Scheme, it must not replace current national funding for existing multi-annual School Fruit Schemes or other school distribution schemes that include fruit. Community financing should be supplementary in nature and is reserved for new schemes or the extension of existing schemes .

Amendment 8 Proposal for a regulation — amending act Recital 9

(9) In order to ensure sound budgetary management, a fixed ceiling of Community aid and maximum co-financing rates should be provided for and the Community financial contribution to the scheme should be added to the list of measures eligible for EAFG financing set out in Article 3(1) of Council Regulation (EC) No 1290/2005 of 21 June 2005 on the financing of the common agricultural policy. (9) In order to ensure sound budgetary management, a fixed ceiling of Community aid and maximum co-financing rates should be provided for and the Community financial contribution to the scheme should be added to the list of measures eligible for EAFG financing set out in Article 3(1) of Council Regulation (EC) No 1290/2005 of 21 June 2005 on the financing of the common agricultural policy. If one Member State or more does not take up Community financing, the funds may be transferred and used in other Member States .

Amendment 9 Proposal for a regulation — amending act Recital 10

(10) In order to allow time for the smooth implementation of the Scheme, it should apply from the 2009/10 school year. A report on it should be delivered after three years. (10) In order to allow time for the smooth implementation of the Scheme, it should apply from the 2009/10 school year. Member States should undertake an annual evaluation of the implementation and impact of the programme, and the Commission should submit a report to the European Parliament and the Council after three years. Since only a long-term programme will yield long-term benefits, it is necessary to ensure the monitoring and evaluation of the programme in order to measure its effectiveness and propose possible improvements .

Amendment 10 Proposal for a regulation — amending act Recital 11

(11) In order to make the scheme more effective, the Community should be able to finance information, monitoring and evaluation measures aimed at raising public awareness of, and networking measures related to, the School Fruit Scheme and its objectives without prejudice to its powers to co-finance, in the framework of Council Regulation (EC) No 3/2008 of 17 December 2007 on information provision and promotion measures for agricultural products on the internal market and in third countries, necessary accompanying measures to raise awareness about the beneficial health effects of fruit and vegetables consumption. (11) In order to make the scheme more effective, the Community should be able to finance information, monitoring and evaluation measures aimed at raising public awareness of, and networking measures related to, the School Fruit Scheme and its objectives without prejudice to its powers to co-finance, in the framework of Council Regulation (EC) No 3/2008 of 17 December 2007 on information provision and promotion measures for agricultural products on the internal market and in third countries, necessary accompanying measures to raise awareness about the beneficial health effects of fruit and vegetables consumption. It will be essential for the Commission to undertake a major EU-wide publicity campaign for the Scheme .

Amendment 13 Proposal for a regulation — amending act Article 2 — point 1 — point a Regulation (EC) No 1234/2007 Article 103ga — Paragraph 1

1. Under conditions to be determined by the Commission, from the 2009/10 school year, Community aid shall be granted for supplying to pupils in educational establishments certain products of the fruit and vegetables, processed fruit and vegetables and bananas sectors to be determined by the Commission and may also be granted for certain related costs of logistics, distribution, equipment, communication, monitoring and evaluation. 1. Under conditions to be determined by the Commission, from the 2009/10 school year, Community aid shall be granted for supplying to pupils in educational and pre-school establishments certain products of the fruit and vegetables and bananas sectors of EU origin, selected by the Commission, to be determined in more detail by the Member States , and shall also be granted for certain related costs of logistics, distribution, equipment, communication, monitoring and evaluation, as well as for purposes of financing the accompanying measures needed to ensure the effectiveness of the Scheme .

The Commission and the Member States shall select fruit and vegetables, which shall be as fresh as possible, seasonal, and obtainable at low cost, on the basis of health criteria, such as the fewest possible unnatural and unhealthy additives.

Local products should be used as a matter of priority in order to avoid unnecessary transport and the resulting environmental pollution.

Organic and local fruit and vegetables shall, if available, be given particular consideration.

Amendment 14 Proposal for a regulation — amending act Article 2 — point 1 — point a Regulation (EC) No 1234/2007 Article 103ga — paragraph 2

2. Member States, at national or regional level, wishing to participate in the scheme shall draw up a prior strategy for its implementation. They shall also provide for accompanying measures necessary to make the scheme effective. 2. Member States, at national or regional level, wishing to participate in the scheme shall draw up a prior strategy for its implementation, taking account of the soil and climate conditions under which fruit and vegetables are produced. In this connection, Community preference of the products concerned shall be ensured. These Member States shall also provide the Community and national financial resources required for implementation and shall undertake the accompanying measures necessary to make the scheme effective, with priority for pre-school and primary-school children, to whom fruit shall be distributed free of charge on a daily basis .

Under this strategy, Member States shall determine, inter alia:

— the products to be distributed, having regard to the seasonal and local nature of the products;

— the age groups of the beneficiary school population;

— the educational establishments participating in the Scheme.

In accordance with objective criteria, Member States shall give priority to locally produced, traditional fruit and vegetables and support smaller farms in implementing the scheme.

Accompanying measures shall include the provision of health and dietary advice, information on the health benefits of fruit, appropriate to the age of the students, as well as information on the particular characteristics of organic farming.

Amendment 15 Proposal for a regulation — amending act Article 2 — point 1 — point a Regulation (EC) No 1234/2007 Article 103ga — paragrpaph 3 — point a

(a) exceed EUR 90 million per school year, (a) exceed EUR 500 million per school year,

Amendment 16 Proposal for a regulation — amending act Article 2 — point 1 –point a Regulation (EC) No 1234/2007 Article 103 ga — paragrpaph 3 — point b

(b) exceed 50 % of the costs of supply and related costs referred to in paragraph 1, or 75 % of such costs in the regions eligible under the Convergence Objective , (b) exceed the costs of supply and related costs and those of the accompanying measures, as referred to in paragraph 1,

Amendment 17 Proposal for a regulation — amending act Article 2 — point 1 — point a Regulation (EC) No 1234/2007 Article 103 ga — paragrpaph 3 — point c

(c) cover costs other than the costs of supply and related costs referred to in paragraph 1, and (c) cover costs other than the costs of supply and related costs and those of the accompanying measures required to ensure the effectiveness of the Scheme, as referred to in paragraph 1, and

Amendment 18 Proposal for a regulation — amending act Article 2 — point 1 — point a Regulation (EC) No 1234/2007 Article 103ga — paragrpaph 3 — point d

(d) be used to replace current funding for any existing national school fruit schemes or other school distribution schemes that include fruit. (d) be used to replace current public funding for any existing national school fruit schemes or other school distribution schemes that include fruit.

Amendment 19 Proposal for a regulation — amending act Article 2 — point 1 — point a Regulation (EC) No 1234/2007 Article 103ga — paragraph 5

5. The Community school fruit scheme shall be without prejudice to any separate national school fruit schemes which respect Community law. 5. The Community school fruit scheme shall be without prejudice to any separate national school fruit schemes which respect Community law. Pilot projects, conducted on an experimental basis in a small number of educational establishments for limited periods of time, shall not be considered national schemes under paragraph 3(d) .

Amendment 21 Proposal for a regulation — amending act Article 2 — point 3 Regulation (EC) No 1234/2007 Article 184 — Point 6

(6) before 31 August 2012 to the European Parliament and the Council on the application of the School Fruit Scheme provided for in Article 103ga, accompanied, if necessary, by appropriate proposals. The report shall in particular address the issues of the extent to which the scheme has promoted the establishment of well functioning School Fruit Schemes in Member States and the impact of the Scheme on the improvement of children's eating habits. (6) before 31 August 2012 to the European Parliament and the Council on the application of the School Fruit Scheme provided for in Article 103ga, accompanied, if necessary, by appropriate proposals. The report shall in particular address the issues of:

— the extent to which the scheme has promoted the establishment of well functioning School Fruit Schemes in Member States and the impact of the Scheme on the improvement of children's eating habits;

— the extent to which opting for national cofinancing, by means of a parental contribution, has or has not influenced the outreach and effectiveness of the scheme;