Proposal for a COUNCIL REGULATION amending Regulation (EU) No 1370/2013 as regards the aid scheme for the supply of fruit and vegetables, bananas and milk in educational establishments (‘EU school scheme’)
Date: 2025-07-16
Institutions: Directorate-General for Agriculture and Rural Development, European Commission
Subjects: EU programme, aid to agriculture, common organisation of markets, fruit, fund (EU), human nutrition, milk, multiannual financial framework, school canteen, vegetable

EN 

  EN 

   EUROPEAN COMMISSION  Brussels, 16.7.2025  COM(2025) 554 final 2025/0234 (NLE)  Proposal for a COUNCIL REGULATION amending Regulation (EU) No 1370/2013 as regards the aid scheme for the supply of fruit and vegetables, bananas and milk in educational establishments (‘EU school scheme’)  
 
EXPLANATORY MEMORANDUM 

1. 

CONTEXT OF THE PROPOSAL 

Reasons for and objectives of the proposal 

• 
The Commission's Communication of 19 February 2025 ‘A Vision for Agriculture and Food’1 
highlights the importance of reconnecting EU consumers - especially vulnerable groups such 
as children - with food and local territories. This would enhance both the competitiveness of 
the agricultural sector and thus contribute to the fulfilment of the CAP policy objectives, as 
well as encouraging healthier eating habits among the general public.  

In this respect, the aid for the supply of fruit and vegetables and of milk and milk products in 
educational  establishments  (‘EU  school  scheme’)  laid  down  in  Regulation  (EU)  No 
1308/2013  of  the  European  Parliament  and  of  the  Council2  has  proven  to  be  effective  in 
increasing  the  consumption  of  selected  agricultural  products.  At  the  same  time,  the 
multiannual  financial  framework  (‘MFF’)  for  the  years  2028  to  2034  is  an  opportunity  to 
make such a scheme more effective, simpler and impactful when it comes to funding in line 
with the general principles outlined in the Commission’s Communication on ‘The road to the 
next multiannual financial framework’3 published on 11 February 2025. The communication 
highlights  particularly  the  need  to  address  ‘the  complexities,  weaknesses  and  rigidities  that 
are currently present and maximise the impact of every euro it spends’ while guaranteeing the 
budget’s ability to respond to a changing reality. This is why the Commission has introduced 
relevant  changes  to  the  EU  school  scheme  through  Regulation  (EU)  .../...  of  the  European 
Parliament  and  the  Council  [CMO  amendment  Regulation]4  that  will  provide  all  basic 
elements  of  the  common  organisation  of  the  markets  in  agricultural  products,  including 
specific provisions for the EU School Scheme. 

At  the  same  time,  taking  into  account  the  new  MFF  architecture,  Member  States  would  be 
able  to  fund  the  implementation  of  the  EU  School  Scheme  via  the  National  and  Regional 
Partnership Plans (the ‘NRP Plans’). This means that  the relevant  provisions of the  Council 
Regulation (EU) No 1370/20135 fixing the amount of Union aid under the EU School Scheme 
are no longer needed and should be deleted.  

1 

2 

3 

4  

5 

Communication  from  the  Commission  to  the  European  Parliament,  the  Council,  the  European 
Economic and Social Committee and the Committee of the Regions ‘A Vision for Agriculture and Food 
–  Shaping  together  an  attractive  farming  and  agri-food  sector  for  future  generations’  19.2.2025, 
COM(2025)75 final. 
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, ELI: http://data.europa.eu/eli/reg/2013/1308/oj). 
Communication  from  the  Commission  to  the  European  Parliament,  the  Council,  the  European 
Economic and Social Committee and the Committee of the Regions ‘The road to the next multiannual 
financial framework’ 11.2.2025, COM(2025)46 final. 
Regulation (EU) …/… of the European Parliament and of the Council amending Regulation (EU) No 
1308/2013 as regards European Union school fruit, vegetables and milk scheme (‘EU school scheme’), 
sectoral  interventions,  the  creation  of  a  protein  sector,  requirements  for  hemp,  the  possibility  for 
marketing standards for cheese, protein crops and meat, application of additional import duties, rules on 
the availability of supplies in time of emergencies and severe crisis and securities (OJ L …, ELI:…). 
Council Regulation (EU) No 1370/2013 of 16 December 2013 determining measures on fixing certain 
aids and refunds related to the common organisation of the markets in agricultural products (OJ L 346, 
20.12.2013, p. 12, ELI: http://data.europa.eu/eli/reg/2013/1370/oj). 

EN 

1 

  EN 

 
• 

Consistency with existing policy provisions in the policy area 

The  deletion  of  the  provisions  is  consistent  with  the  proposals  for  Regulation  (EU)  .../... 
[NRPF  Regulation]  and  for  Regulation  (EU)  …/…  of  the  European  Parliament  and  of  the 
Council  [CMO  amendment].Following  the  inclusion  of  the  School  Scheme  as  a  type  of 
intervention  financed  by  the  Fund,  the  existing  EU  School  Scheme  provisions  laid  down 
under the Council Regulation (EU) No 1370/2023 are no longer needed. 

• 

2. 

• 

Consistency with other EU policies 

LEGAL BASIS, SUBSIDIARITY AND PROPORTIONALITY 

Legal basis 

Article 43(3) of the Treaty on the Functioning of the European Union (TFEU) is the basis for 
the  proposal  for  regulation  amending  Regulation  (EU)  No  1370/2013  to  delete  the  existing 
provisions  on  the  EU  school  scheme.  Regulation  (EU)  No  1370/2013  was  adopted  on  the 
basis of Article 43 (3) TFEU and therefore needs to be amended on the basis of the same legal 
basis. 

• 

Subsidiarity (for non-exclusive competence) 

The deletion cannot be achieved by national legislation. 

• 

NA 

• 

Proportionality 

Choice of the instrument 

Given the objectives and content of the proposal, an amendment to the existing regulation is 
the most appropriate instrument. 

3. 

RESULTS 
CONSULTATIONS AND IMPACT ASSESSMENTS 

EX-POST 

EVALUATIONS, 

OF 

STAKEHOLDER 

The  proposal  is  a  consequence  of  the  new  MFF  architecture  and  more  particularly  the 
Regulation  (EU)  .../...  [NRPF  Regulation]  for  which  an  overall  impact  assessment  and 
stakeholder consultations have been carried out. 

• 

Fundamental rights 

The  revision  respects  the  rights  and  observes  the  principles  enshrined  in  the  Charter  of 
Fundamental  Rights  of  the  European  Union  as  laid  down  in  the  Commission  proposal  for 
NPRF  Regulation.  The  provisions  of  that  proposed  Regulation  concerning  respect  of 
fundamental rights and the rule of law will apply also to EU school scheme. 

4. 

BUDGETARY IMPLICATIONS 

The  existing  EU  school  scheme  laid  down  in  Regulation  (EU)  No  1308/2013  is  to  be 
discontinued.  The  new  EU  School  Scheme  will  be  financed  by  the  Fund.  The  financial 
allocations  to  Member  States  are  proposed  to  be  regulated  in  Regulation  (EU)  .../...  [NRPF 
Regulation]  and  the  requirements  for  the  school  scheme  are  proposed  to  be  regulated  in 
Regulation (EU) No 1308/2013. 

5. 

OTHER ELEMENTS 

EN 

2 

  EN 

• 

Detailed explanation of the specific provisions of the proposal 

Article 5 of Regulation  (EU) No 1370/2013  lays down rules  on the fixing of indicative and 
definitive allocations and on reallocation of Union aid, on the maximum levels of Union aid 
for the financing  of accompanying  educational  measures  and related  costs as  well as  on the 
maximum amount of Union aid for the milk component. 

Annex V to Regulation (EU) No 1370/2013 lays down the indicative allocations of Union aid 
to each Member State from 1 August 2017 to 31 July 2023. 

In order to increase the effectiveness and to ensure coherence with other CAP instruments, the 
EU School Scheme should be implemented as a type of intervention supported by the Fund. 
As  the  current  EU  School  Scheme  laid  down  in  Regulation  (EU)  No  1308/2013  should  be 
deleted,  the  provisions  concerning  the  EU  School  Scheme  laid  down  in  Regulation  (EU) 
1370/2013 should also be deleted. 

EN 

3 

  EN 

 
2025/0234 (NLE) 

Proposal for a 

COUNCIL REGULATION 

amending Regulation (EU) No 1370/2013 as regards the aid scheme for the supply of 
fruit and vegetables, bananas and milk in educational establishments 
(‘EU school scheme’) 

THE COUNCIL OF THE EUROPEAN UNION, 

Having  regard  to  the  Treaty  on  the  Functioning  of  the  European  Union,  and  in  particular 
Article 43(3) thereof, 

Having regard to the proposal from the European Commission, 

Whereas: 

(1) 

(2) 

The  multiannual  financial  framework  package  for  the  years  2028  to  2034  includes 
Regulation  (EU)  .../...  of  the  European  Parliament  and  of  the  Council  [NRPF 
Regulation]1 establishing the National and Regional Partnership Fund (the ‘Fund’) for 
the period 2028 to 2034, grouping the nationally pre-allocated funds under the Fund, 
including  the  European  Agriculture  Guarantee  Fund  (EAGF)  and  the  European 
Agricultural Fund for Rural Development (EAFRD). The Fund  is to be implemented 
through  National  and  Regional  Partnership  Plans  (the  ‘NRP  Plans’)  and  the  Union 
Facility  (the  ‘Facility’),  which  aim  at  increasing  flexibility  and  cater  for  crises  and 
interventions that require steering or coordination at Union level. 

The  aid  for  the  supply  of  fruit  and  vegetables  and  of  milk  and  milk  products  in 
educational  establishments  provided  for  in  Part  II,  Title  I,  Chapter  II  of  Regulation 
(EU) No 1308/2013 of the European Parliament and of the Council2 (the ‘EU school 
scheme’)  has  proven  to  be  effective  in  increasing  the  consumption  of  selected 
agricultural products. In order to contribute to achieving the objectives of the Common 
Agricultural Policy (CAP), the EU School Scheme should be continued. However, in 
order  to  increase  its  effectiveness  and  to  ensure  coherence  with  other  CAP 
instruments,  the  EU  school  scheme  should  be  based  on  delivery  of  performance  and 
should be implemented as a type of intervention supported by the Fund, subject to the 
rules  laid  down  in  Regulation  (EU)  .../...  [NRPF  Regulation]  and  Regulation  (EU) 
.../...of  the  European  Parliament  and  of  the  Council  [Performance  Regulation]3. 
Therefore,  the  existing  provisions  on  the  EU  school  scheme  in  Regulation  (EU)  No 
1308/2013 are to be deleted. 

1 

2 

3 

Regulation  (EU)  .../...  of  the  European  Parliament  and  the  Council  [NRPF  Regulation]  (OJ  L  …, 
ELI:…). 
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, ELI: http://data.europa.eu/eli/reg/2013/1308/oj). 
Regulation (EU) .../... of the European Parliament and the Council [Performance Regulation] (OJ L …, 
ELI:…). 

EN 

4 

  EN 

 
(3) 

(4) 

(5) 

Council Regulation (EU) No 1370/20134 fixes the amount of Union aid under the EU 
school  scheme.  In  view  of  the  deletion  of  the  provisions  relating  to  the  EU  school 
scheme laid down in Regulation (EU) No 1308/2013, the provisions relating to the EU 
school scheme in Regulation (EU) No 1370/2013 should also be deleted. 

Regulation (EU) No 1370/2013 should therefore be amended accordingly. 

In order to ensure a smooth transition to the new legal framework under the Fund, the 
amendments to Regulations (EU) No 1370/2013 and (EU) No 1308/2013 deleting the 
provisions  relating  to  the  EU  school  scheme  should  apply  from  the  same  date. 
However,  in  order  to  finalise  the  payments  of  the  measures  after  the  31  December 
2027  those  provisions  should  continue  to  apply  in  respect  of  measures  implemented 
until 31 December 2027, 

HAS ADOPTED THIS REGULATION: 

Regulation (EU) No 1370/2013 is amended as follows: 

Article 1 

(1) 

(2) 

Article 5 is deleted; 

Annex I is deleted. 

Article 2 

Article 5 of Regulation (EU) No 1370/2013  shall continue to  apply after 31 December 2027 
for measures implemented until 31 December 2027. 

Article 3 

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

It shall apply from 1 January 2028 [date dependant on the date of application of Regulation 
(EU) […] establishing the National and Regional Partnership Fund for the period 2028-2034 
and  Regulation  amending  Regulation  (EU)  No  1308/2013  as  regards  the  school  fruit, 
vegetables and milk scheme (‘EU school scheme’)]. 

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

Done at Brussels, 

For the Council 
The President 

4 

Council Regulation (EU) No 1370/2013 of 16 December 2013 determining measures on fixing certain 
aids and refunds related to the common organisation of the markets in agricultural products (OJ L 346, 
20.12.2013, p. 12, ELI: http://data.europa.eu/eli/reg/2013/1370/oj). 

EN 

5 

  EN