Proposal for a Council Regulation amending Regulations (EC) No 1290/2005 on the financing of the common agricultural policy and (EC) No 1234/2007 establishing a common organisation of agricultural markets and on specific provisions for certain agricultural products (Single CMO Regulation) in order to set up a School Fruit Scheme {SEC(2008) 2225} {SEC(2008) 2226}
Date: 2008-07-08
Institutions: European Commission
Subjects: EU action, common organisation of markets, food hygiene, fruit, health education, nutrition, public awareness campaign

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COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 8.7.2008 
COM(2008) 442 final 

2008/0146 (CNS) 

Proposal for a 

COUNCIL REGULATION 

amending Regulations (EC) No 1290/2005 on the financing of the common agricultural 
policy and (EC) No 1234/2007 establishing a common organisation of agricultural 
markets and on specific provisions for certain agricultural products (Single CMO 
Regulation) in order to set up a School Fruit Scheme 

{SEC(2008) 2225} 
{SEC(2008) 2226} 

(presented by the Commission) 

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EXPLANATORY MEMORANDUM 

Council  Regulation  (EC)  No  1182/2007,  which  lays  down  specific  rules  as  regards  the  fruit 
and vegetable sector, provided for a wide-ranging reform of the fruit and vegetables sector to 
promote the competitiveness and market orientation of this sector and bring it more closely in 
line  with  the  rest  of  the  reformed  Common  Agricultural  Policy  (CAP).  One  of  the  key 
objectives  of  the  reformed  regime  is  to  reverse  the  declining  consumption  of  fruit  and 
vegetables. 

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. 

Given the above, the overall objective of a School Fruit (and vegetables) Scheme at EU level 
is specified as to provide a policy and funding framework for Member State initiatives aimed 
at  durably  increasing  the  share  of  fruit  and  vegetables  in  the  diets  of  children,  at  the  stage 
when  their  eating  habits  are  formed.  This  would  represent  an  investment  in  the  future,  by 
helping  to  avoid  or  reduce  health  expenditure  resulting  from  poor  diet.  Furthermore,  the 
positive impact on consumption could contribute to meeting CAP objectives. 

As  obesity  tends  to  cluster  in  social  disadvantaged  groups,  the  School  Fruit  Scheme  would 
also have a positive social impact, reducing health inequalities. 

The importance of fruit and vegetables consumption as part of a healthy diet is advocated by 
the Commission White Paper 'A strategy for Europe on Nutrition, Overweight and Obesity and 
related health issues', which stresses the need for coherent action at European level and draws 
attention  to  the  role  the  CAP  could  play  in  shaping  the  European  diet,  especially  to  combat 
obesity  and  overweight.  It  states  that  “a  School  Fruit  Scheme  would  be  a  step  in  the  right 
direction”.  In  this  context,  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". 

When  approving  the  CMO  Fruit  and  Vegetables  reform,  the  Council  issued  the  following 
declaration: "In  light  of  the  dramatic  increase  in  obesity  amongst  schoolchildren,  which  has 
been highlighted in the recently published Commission White Paper (…)  the Council  invites 
the Commission to come forward with a proposal for a school fruit scheme as soon as possible 
based  on  an  impact  assessment  of  the  benefits,  practicability  and  administrative  costs 
involved". 

In  its  report  on  the  EU's  draft  general  budget  for  the  2008  financial  year,  the  European 
Parliament "re-emphasises its strong commitment to the proper budgetary endowment of funds 
for school fruit and vegetables…expresses its astonishment that the Council did not implement 
their  political  commitments…by  creating  a  new  line  and  a  reserve  in  the  budget,  pending 
establishment  of  the  legal  base;  calls  on  the  Commission  to  put  forward  a  legislative 
proposal…as laid down in the June 2007 Agriculture Council conclusions". 

In  accordance  with  the  commitment  made  to  better  regulation,  the  Commission  assessed  the 
impact  of  four  possible  options  for  a  School  Fruit  Scheme:  "Status  quo"  comprising  no 
additional action from the Community; "Networking" comprising exchange of experience and 
know  how,  information  and  communication  measures;  "Supporting  Initiatives"  comprising 

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initiatives for the promotion of fruit and vegetable consumption in schools with provision of 
produce  being  excluded  from  EU-financing;  "Driving  Initiatives"  establishing  a  single, 
flexible EU framework for provision of produce to pupils, monitoring and evaluation as well 
as  accompanying  measures.  The  Impact  Assessment  concluded  that  the  "Driving  Initiatives" 
(option 4) appears the most suitable to achieve the objectives pursued. 

In this context the Commission proposes to set up a School Fruit Scheme which, for maximum 
effectiveness, brings together the three options in a mutually supportive package. It comprises 
the following elements: 

– 

– 

– 

– 

– 

free  distribution  of  fruits  and  vegetables  in  schools  (as  part  of  option  "driving 
initiatives).  Community  aid  should  be  granted  to  co-finance  the  supply  of  fruit  and 
vegetables  to  pupils  of  the  6-10  core  age  group  in  educational  establishments 
(schools), the related logistics and monitoring and evaluation. For this purpose, it is 
proposed to provide for a budgetary allocation of a total amount of EUR 90 million 
under  Title  I  of  Council  Regulation  (EC)  No 1234/2007.  It  would  allow  for  the 
extension  of  existing  SFS  in  some  Member  States,  and  the  establishment  of 
programmes in MS without such programmes, often due to limited budgetary means.

The  Community  co-financing  rate  would  be  at  the  level  of  50%  and  75%  in 
convergence regions. 

accompanying  measures.  An  obligation  for  Member  States,  at  national  or  regional 
level,  to  develop  a  strategy  in  consultation  with  public  health  and  education 
authorities,  industry  and  interested  stakeholders.  The  strategy  should  lay  down  in 
which manner a School Fruit Scheme could be best implemented and integrated into 
the  school  curriculum.  As  part  of  the  implementation  it  would  be  an  obligation  to 
highlight  the  EU  involvement.  The  accompanying  measures  would  primarily  be 
nationally financed; 

networking  activities,  in  order  to  motivate  the  exchange  of  information  and 
knowledge  among  SFS  actors  and  stimulate  public  awareness  (as  presented  in 
option 2 "networking"). This allocation should amount to EUR 1.3 million; 

promotion of agricultural products, which could be supported in the framework of 
the  EU  promotion  of  agricultural  products  (as  presented  in  option 3  "supporting 
initiatives").  In  particular,  MS  could  use  this  framework  to  carry  out  the  necessary 
accompanying measures aimed ad raising awareness on the beneficial effects of fruit 
and  vegetables  consumption.  The  recent  fruit  and  vegetables  reform  increased  the 
indicative  the  indicative  budget  for  the  promotion  of  these  products  by  EUR  6 
million; 

monitoring  and  evaluation.  With  the  purpose  of  establishing  solid  data  for  further 
research on the effectiveness of a School Fruit Scheme in its different variants and for 
the exchange of "best practices", monitoring and evaluation should form an integral 
part of an EU scheme. 

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All schemes would consequently include the three elements: 

•  the free distribution of fruit (and/or vegetables) in educational establishments (schools), 
•  a series of accompanying measures, 
•  monitoring and evaluation. 

The proposal is accompanied by an Impact Assessment, drafted by an Inter-service Group to 
ensure compatibility between the relevant Community policies. 

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2008/0146 (CNS) 

Proposal for a 

COUNCIL REGULATION 

amending Regulations (EC) No 1290/2005 on the financing of the common agricultural 
policy and (EC) No 1234/2007 establishing a common organisation of agricultural 
markets and on specific provisions for certain agricultural products (Single CMO 
Regulation) in order to set up a School Fruit Scheme 

THE COUNCIL OF THE EUROPEAN UNION, 

Having  regard  to  the  Treaty  establishing  the  European  Community,  and  in  particular 
Articles 36 and 37 thereof, 

Having regard to the proposal from the Commission, 

Having regard to the opinion of the European Parliament1, 

Whereas: 

(1) 

(2) 

Council  Regulation  (EC)  No  1182/20072,  which  lays  down  specific  rules  as  regards 
the  fruit  and  vegetable  sector,  provided  for  a  wide-ranging  reform  of  the  fruit  and 
vegetables sector to promote the competitiveness and market orientation of this sector 
and bring it more closely in line with the rest of the reformed Common Agricultural 
Policy  (CAP).  One  of  the  key  objectives  of  the  reformed  regime  is  to  reverse  the 
declining consumption of fruit and vegetables. 

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. 

(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. 

1 
2 

OJ C …, …, p. …. 
OJ L 273, 17.10.2007, p. 1. 

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(4) 

In this context, the importance of fruit and vegetables consumption as part of a healthy 
diet is advocated by the Commission White Paper "A strategy for Europe on Nutrition, 
Overweight  and  Obesity  and  related  health  issues",  which  stresses  the  need  for 
coherent action at European level and draws attention to the role the CAP could play 
in  shaping  the  European  diet,  especially  to  combat  obesity  and  overweight.  It  states 
that “a School Fruit Scheme would be a step in the right direction”. 

(5)  When  adopting  Regulation  (EC)  No  1182/2007,  the  Council  issued  the  following 
declaration:  "In  light  of  the  dramatic  increase  in  obesity  amongst  schoolchildren, 
which has been highlighted in the recently published Commission White Paper … the 
Council  invites  the  Commission  to  come  forward  with  a  proposal  for  a  school  fruit 
scheme  as  soon  as  possible  based  on  an  impact  assessment  of  the  benefits, 
practicability and administrative costs involved". 

(6) 

(7) 

(8) 

(9) 

(10) 

(11) 

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. 

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. 

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. 

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 policy3. 

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. 

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 

3 

OJ L 209, 11.8.2005, p. 1. Regulation as last amended by Regulation (EC) No 1437/2007 (OJ L 322, 
7.12.2007, p. 1). 

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measures  for  agricultural  products  on  the  internal  market  and  in  third  countries4, 
necessary  accompanying  measures  to  raise  awareness  about  the  beneficial  health 
effects of fruit and vegetables consumption. 

(12)  The  provisions  of  Regulation  (EC)  No  1182/2007  have  been  integrated  into 
Regulation  (EC)  No  1234/20075  with  effect  from  1  July  2008  by  Regulation  (EC) 
No 361/20086. 

(13)  Regulations (EC) No 1290/2005 and (EC) No 1234/2007 should therefore be amended 

accordingly, 

HAS ADOPTED THIS REGULATION: 

Article 1 
Amendment of Regulation (EC) No 1290/2005 

In Article 3(1) of Regulation (EC) No 1290/2005, the following point (f) is added: 

"(f) 

the  Community's  financial  contribution  to  the  School  Fruit  Scheme  referred  to  in 
Article 103ga(1) of Council Regulation (EC) No 1234/2007(*). 

(*)  OJ L 299, 16.11.2007, p. 1." 

Article 2 
Amendment of Regulation (EC) No 1234/2007 

Regulation (EC) No 1234/2007 is amended as follows: 

(1) 

Section IVa of Chapter IV of Title I of Part II is amended as follows: 

(a) 

the following Subsection IIa is inserted after Article 103g: 

"SUBSECTION IIa 
SCHOOL FRUIT SCHEME 

Article 103ga 
Aid for the supply of fruit and vegetable and banana products to pupils 

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. 

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OJ L 3, 5.1.2008, p. 1. 
OJ  L  299,  16.11.2007,  p.  1.  Regulation  as  last  amended  by  Regulation  (EC)  No …/2008  (OJ  L …, 
….2008, p. …). 
OJ L 121, 7.5.2008, p. 1. 

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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. 

3. 

The Community aid referred to in paragraph 1 shall not: 

(a) 

exceed EUR 90 million per school year, 

(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, 

(c) 

cover costs other than the costs of supply and related costs referred 
to in paragraph 1, and 

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

The Convergence Objective shall mean the objective of the action for the 
least developed Member States and regions according to the Community 
legislation  governing  the  European  Regional  Development  Fund,  the 
European  Social  Fund  and  the  Cohesion  Fund  for  the  period  from 
1 January 2007 to 31 December 2013. 

4.  Member States may, in addition to Community aid, grant national aid for 
the supply of products and related costs referred to in paragraph 1. They 
may  also  grant  national  aid  for  financing  the  accompanying  measures 
referred to in paragraph 2. 

5. 

6. 

The  Community  school  fruit  scheme  shall  be  without  prejudice  to  any 
separate national school fruit schemes which respect Community law. 

The  Community  may  also  finance,  under  Article  5  of  Regulation  (EC) 
No 1290/2005, information, monitoring and evaluation measures relating 
to the School Fruit Scheme, including raising public awareness of it, and 
related networking measures."; 

(b) 

the following heading is inserted before Article 103h: 

"SUBSECTION III 
PROCEDURAL PROVISIONS" 

(c) 

in Article 103h, the following point is added: 

"(f)  provisions  on  the  School  Fruit  Scheme  referred  to  in  Article 103ga, 
including  the  list  of  products  concerned,  the  allocation  of  aid  between 
Member  States,  financial  and  budgetary  management,  and  the  related 
costs,  national  strategies,  accompanying  measures  and  information, 
monitoring and evaluation and networking measures." 

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(2) 

(3) 

In the second paragraph of Article 180, "103ga" is inserted after "103e". 

In Article 184, the following point 6) is added: 

"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." 

Article 3 
Entry into force 

This Regulation shall enter into force on the seventh day following that of its publication in 
the Official Journal of the European Union. 

This Regulation shall be binding in its entirety and directly applicable in all Member States. 

Done at Brussels, 

For the Council 
The President 

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1. 

2. 

3. 

4. 

5. 

5.0 

FINANCIAL STATEMENT 

BUDGET HEADING: 
05 02 08 12 (line to be created) 
05 08 09 

APPROPRIATIONS: 
– 
p.m. (2008) 
2 Mio € (PDB 2009) 

TITLE: 
Council  Regulation  amending  Regulations  (EC)  No  1290/2005  on  the  financing  of  the  common 
agricultural policy and (EC) No 1234/2007 establishing a common organisation of agricultural markets 
and on specific provisions for certain agricultural products (Single CMO Regulation) in order to set up a 
School Fruit Scheme 
LEGAL BASIS: 
Articles 36 and 37 of the Treaty 
AIMS: 
Supply  fruit  and  vegetable  and  banana  products  to  pupils  in  educational  establishments,  which  would 
enhance future consumption and help to stabilise markets. 
FINANCIAL IMPLICATIONS 

12 MONTH 
PERIOD 

CURRENT 
FINANCIAL 
YEAR 2008 
(EUR million) 
– 

FOLLOWING 
FINANCIAL 
YEAR 2009 
(EUR million) 
– 

CHARGED TO THE EC BUDGET 

EXPENDITURE 
– 
(REFUNDS/INTERVENTIONS) 
– 
– 

NATIONAL AUTHORITIES 
OTHER 

(EUR million) 
+91,3 

5.1  REVENUE 

– 

– 

– 

OWN RESOURCES OF THE EC  

– 
(LEVIES/CUSTOMS DUTIES) 
– 

NATIONAL 

5.0.1  ESTIMATED EXPENDITURE 
5.1.1  ESTIMATED REVENUE 
5.2  METHOD OF CALCULATION: 

– 

2010 
+91,3 
– 

2011 
+91,3 
– 

2012 
+91,3 
– 

2013 
+90,3 
– 

6.0  CAN THE PROJECT BE FINANCED FROM APPROPRIATIONS ENTERED IN THE 

RELEVANT CHAPTER OF THE CURRENT BUDGET? 

6.1  CAN THE PROJECT BE FINANCED BY TRANSFER BETWEEN CHAPTERS OF 

THE CURRENT BUDGET? 

6.2  WILL A SUPPLEMENTARY BUDGET BE NECESSARY? 
6.3  WILL APPROPRIATIONS NEED TO BE ENTERED IN FUTURE BUDGETS? 

YES NO 

YES NO 
YES NO 
YES NO 

OBSERVATIONS: 
1) 
2) 

Supply of products 
Networking 
2010 – 2011 – 2012 
+ annual conference (each year) 

€90 Mio 

= € 1 Mio 
= € 0,3 Mio 

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