Council Regulation (EC) No 13/2009 of 18 December 2008 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
Date: 2008-12-18
Institutions: Council of the European Union
Subjects: EU action, EU agricultural market, EU financing, common organisation of markets, educational institution, food hygiene, fruit, health education, public awareness campaign

9.1.2009

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Official Journal of the European Union

L 5/1

(Acts adopted under the EC Treaty/Euratom Treaty whose publication is obligatory)

I

REGULATIONS

COUNCIL REGULATION (EC) No 13/2009

of 18 December 2008

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
Community, and in particular Articles 36 and 37 thereof,

establishing the European

Having regard to the proposal from the Commission,

Having regard to the opinion of the European Parliament (1),

Whereas:

(1)

(2)

Council Regulation (EC) No 1182/2007 (2), which lays
down specific rules as regards the fruit and vegetable
that
sector, provided for a wide-ranging reform of
sector to promote its competitiveness and market orien­
tation and to 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.

fruit and vegetables

It is desirable to address the low consumption of fruit
and vegetables amongst children by durably increasing
the share of
in the diets of
children at the stage when their eating habits are being
formed. The provision of Community aid under a School
Fruit Scheme to supply fruit, vegetable and banana
establishments
products

to children in educational

(1) Opinion of 18 November 2008 (not yet published in the Official

Journal).

(2) OJ L 273, 17.10.2007, p. 1.

the School

should bring young consumers to appreciate fruit and
vegetables and thus enhance future consumption. As a
the
result,
objectives of
including the promotion of
earnings in agriculture, the stabilisation of markets and
the availability of both current and future supplies.

Fruit Scheme would meet

the CAP,

(3)

(4)

(5)

(6)

the Treaty, provision may be
Under Article 35(b) of
made within the framework of
joint
measures, such as a School Fruit Scheme, to promote
consumption of certain products.

the CAP for

Moreover, Article 152(1) of the Treaty requires that a
high level of human health protection be ensured in
the definition and implementation of all Community
policies. The clear health benefits of a School Fruit
Scheme indicate that it is an arrangement which should
be integrated into the implementation of the CAP.

Provision should therefore be made for Community aid
to co-finance the supply to children in educational estab­
lishments of certain healthy products of the fruit and
vegetables, processed fruit and vegetables and bananas
sectors and also to co-finance certain related costs of
logistics, distribution, equipment, communication, moni­
toring and evaluation.

The Community School Fruit Scheme should be without
prejudice to any national school
fruit schemes which
respect Community law, in order to retain the benefits
of such schemes. It should respect the diversity of the
Member States’ educational systems. Therefore, educa­
tional establishments benefiting from the School Fruit
Scheme could include nurseries, other pre-school estab­
lishments, primary and secondary schools.

(7)

(8)

(9)

(10)

(11)

(12)

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Member States willing to participate in the School Fruit
Scheme should be able, in addition to Community aid, to
grant national aid for the supply of the healthy products
and for certain related costs. Accompanying measures
will be needed to make the scheme effective, in respect
of whose financing Member States should therefore be
able to grant national aid.
In the light of budgetary
constraints, Member States should be able to replace
their financial contribution to the School Fruit Scheme
with contributions from the private sector.

rate

in the

(13) Having regard to their social, structural and economic
difficulties, it is appropriate to provide for a higher co-
financing
the
Convergence objective in accordance with Council Regu­
lation (EC) No 1083/2006 of 11 July 2006 laying down
general provisions on the European Regional Develop­
Fund and the
European Social
ment
Fund,
Cohesion Fund (2),
regions
and in the outermost
referred to in Article 299(2) of the Treaty.

eligible under

regions

the

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.

(14)

The Scheme should not cover unhealthy products that
contain, for example, a high percentage of fat or added
sugar. The Commission should therefore draw up a list of
products or ingredients that should be excluded from the
School Fruit Scheme. Member States’ discretion as
regards their choice of products should otherwise not
be unnecessarily interfered with. Thus, they should be
able to base their selection of eligible products on
objective criteria including seasonality, availability of
produce or environmental concerns. In this connection,
Member States should be able to give preference to
products of Community origin. For clarity, Member
States
should establish the list of products eligible
under their scheme when drawing up their strategies.

In the interest of sound administration and budget
management, Member
in the
States
scheme should apply every year for Community aid.
Following the requests of
the
Commission should decide on the definitive allocations,
within the appropriations available in the budget.

the Member States,

participating

Community aid should be allocated to each Member
State on the basis of objective criteria based on their
proportion of children in the core target group of six-
to ten-year olds. This age group has been selected
because of budgetary reasons, but also because eating
habits are formed at a young age. However, the limited
demographic size of a Member State should not prevent
it from implementing a cost effective scheme. Therefore,
each participating Member State
a
specified minimum amount of Community aid.

should receive

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 Council Regulation (EC) No 1290/2005 of
21 June 2005 on the financing of the common agri­
cultural policy (1).

(1) OJ L 209, 11.8.2005, p. 1.

States’

fruit. However, Member

school distribution schemes

In order not to diminish the overall effectiveness of the
School Fruit Scheme, Community aid should not be used
to replace funding for any existing national school fruit
that
schemes or other
existing
include
fruit
in introducing national
achievements
schemes should be preserved. Therefore, Community
aid should nevertheless be available if a Member State
intends to extend or make more effective a scheme
already in place that would otherwise be
eligible,
provided that certain maximum co-financing rates are
abided by as regards the proportion of Community aid
to the total national funding. In this case, the Member
State should indicate in its strategy how it intends to
extend its scheme or make it more effective.

school

(15)

In order to allow time for the smooth implementation of
the Scheme, it should apply from the 2009-2010 school
year. A report on its implementation should be delivered
after three years.

(16)

to make the scheme more effective,

In order
the
Community should be able to finance information,
monitoring and evaluation measures aimed at raising
public awareness of, and networking measures related
the School Fruit Scheme and its objectives. This
to,
to the Community’s
should be without prejudice
powers to co-finance, in the framework of Council Regu­
lation (EC) No 3/2008 (3), the necessary accompanying
measures to raise awareness about the beneficial health
effects of the consumption of fruit and vegetables.

(17)

The Commission should establish the detailed rules for
the application of the School Fruit Scheme,
including
rules concerning the allocation of aid between Member
financial and budgetary management, national
States,
strategies,
related costs, accompanying measures and
information, monitoring and evaluation and networking
measures.

(2) OJ L 210, 31.7.2006, p. 25.
(3) 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 (OJ L 3,
5.1.2008, p. 1).

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(18)

The provisions of Regulation (EC) No 1182/2007 have
been integrated into Council Regulation (EC) No
1234/2007 (1) with effect from 1 July 2008 by Council
Regulation (EC) No 361/2008 (2).

(19)

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 shall be 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.’

(b) certain related costs of

communication, monitoring

logistics and distribution,
and

equipment,
evaluation.

its

regional

strategy for

the budget of

implementation containing,
their scheme including:

2. Member States, at national or
level,
wishing to participate in the scheme shall draw up a
in
prior
the
particular,
Community and national contributions,
the duration,
the target group, the eligible products and the invol­
vement of
also
provide for the accompanying measures necessary to
make the scheme effective.

stakeholders. They

relevant

shall

that will be eligible under

3. When drawing up their strategies, Member States
shall draw up a list of products of the fruit and vege­
tables, processed fruit and vegetables, and bananas
sectors
respective
schemes. This list, however, shall not include products
excluded by a measure adopted by the Commission
under Article 103h(f). They shall choose their products
on the basis of objective criteria which may include
seasonality, availability of produce or environmental
concerns. In this connection, Member States may give
preference to products of Community origin.

their

Article 2

The Community aid referred to in paragraph 1

4.
shall neither:

Amendment of Regulation (EC) No 1234/2007

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

(a) exceed EUR 90 million per school year; nor

1.

in Section IVa of Chapter IV of Title I of Part II:

(a)

following

the
Article 103g:

subsection shall

be

inserted

after

‘S u b s e c t i o n I I a

S c h o o l F r u i t S c h e m e

Article 103ga

(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
in accordance with Article 5(1) of Council Regulation
(EC) No 1083/2006 of 11 July 2006 laying down
general provisions on the European Regional Devel­
opment Fund,
the European Social Fund and the
Cohesion Fund (*), and in the outermost regions
referred to in Article 299(2) of the Treaty; nor

Aid for the supply of fruit and vegetable, processed
fruit and vegetable and banana products to children

(c) cover costs other than the costs of supply and related

costs referred to in paragraph 1.

conditions

1.
Under
Commission,
onwards, Community aid shall be granted for:

2009-2010

from the

to be determined by

school

the
year

(a)

the supply to children in educational establishments,
including nurseries, other pre-school establishments,
primary and secondary schools, of products of the
fruit and vegetables, processed fruit and vegetables,
and bananas sectors; and

(1) OJ L 299, 16.11.2007, p. 1.
(2) OJ L 121, 7.5.2008, p. 1.

5.
The Community aid referred to in paragraph 1
shall be allocated to each Member State on the basis
of objective criteria based on their proportion of six to
ten year old children. However, Member States partici­
pating in the scheme shall each receive at least EUR
175 000 of Community aid. Member States participating
in the scheme shall apply every year for Community aid
on the basis of their strategy. Following the requests of
the Member States, the Commission shall decide on defi­
nitive allocations, within the appropriations available in
the budget.

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fruit

schemes or other

Community aid referred to in paragraph 1 shall not
6.
be used to replace funding for any existing national
school
school distribution
schemes that include fruit. However, if a Member State
already has a scheme in place that would be eligible for
Community aid under this Article and intends to extend
including as regards the
it or make it more effective,
target group of
its duration or eligible
the scheme,
products, Community aid may be granted provided
the limits of paragraph 4(b) are abided by as
that
regards the proportion of Community aid to the total
national contribution.
the Member State
In this case,
shall
indicate in its strategy how it intends to extend
its scheme or make it more effective.

‘S u b s e c t i o n I I I

P r o c e d u r a l p r o v i s i o n s ’

(c)

in Article 103h, the following point shall be added:

‘(f) provisions

ingredients

concerning the School

Fruit Scheme
including: a list of
referred to in Article 103ga,
products or
should be excluded
that
from the School Fruit Scheme, the definitive allo­
cation of aid between Member States, financial and
the
budgetary management, and the related costs,
strategies of
accompanying
the Member States,
measures and information, monitoring and evaluation
and networking measures.’;

7. Member States may, in addition to Community aid,
grant national aid for the supply of products and related
costs referred to in paragraph 1. These costs may also be
sector.
covered by contributions
Member States may
aid for
financing the accompanying measures referred to in
paragraph 2.

also grant national

from the private

8.
The Community School Fruit Scheme shall be
without prejudice to any separate national school fruit
schemes which are compatible with Community law.

The Community may also finance, under Article 5
9.
of Regulation (EC) No 1290/2005,
information, moni­
toring and evaluation measures relating to the School
including raising public awareness of it,
Fruit Scheme,
and related networking measures.
___________
(*) OJ L 210, 31.7.2006, p. 25.’;

2.

in Article 180,
‘Article 182’;

‘Article 103ga and’ shall be inserted before

3.

in Article 184, the following point shall be added:

‘5. before 31 August 2012 to the European Parliament and
the School Fruit
the Council on the application of
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
func­
scheme has promoted the establishment of well
tioning 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

(b) the

following

heading

shall

be

inserted

before

Article 103h:

This Regulation shall enter into force on the seventh day
following 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, 18 December 2008.

For the Council
The President

M. BARNIER