CELEX: 
Language: en
Date: 2019-11-28 00:00:00
Title: COMMISSION IMPLEMENTING REGULATION (EU) …/... amending Implementing Regulation (EU) 2017/39 as regards the reallocation of Union aid

EUROPEAN
                        COMMISSION
                                                Brussels, 28.11.2019
                                                C(2019) 8646 final
             COMMISSION IMPLEMENTING REGULATION (EU) …/...
                                    of 28.11.2019
   amending Implementing Regulation (EU) 2017/39 as regards the reallocation of Union
                                         aid
EN                                                                                    EN
 ---pagebreak---                   COMMISSION IMPLEMENTING REGULATION (EU) …/...
                                                 of 28.11.2019
     amending Implementing Regulation (EU) 2017/39 as regards the reallocation of Union
                                                        aid
   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 organisation of the markets
   in agricultural products1, and in particular Article 5(5) thereof,
   Whereas:
   (1)     Commission Implementing Regulation (EU) 2017/392 sets out the rules inter alia for
           the reallocation of unrequested Union aid between the Member States participating in
           the school scheme that have notified their willingness to use more than their indicative
           allocation. The amount of indicative allocation that may be reallocated to another
           Member State is to be based on the level of use of the definitive allocation of Union
           aid in the previous school year by that Member State. In the light of experience gained
           under the school scheme, the rules for the calculation of the amounts of indicative
           allocation to be reallocated should be further clarified. In order to provide the most
           updated basis for the reallocation of Union aid, the Member States’ declarations of
           expenditure effected up to 31 December should be taken into account for the
           calculation.
   (2)     Implementing Regulation (EU) 2017/39 should therefore be amended accordingly.
   (3)     The measures provided for in this Regulation are in accordance with the opinion of the
           Committee for the Common Organisation of the Agricultural Markets,
   HAS ADOPTED THIS REGULATION:
                                                    Article 1
   In Article 7 of Implementing Regulation (EU) 2017/39, paragraph 3 is replaced by the
   following:
             ‘3. The amount of indicative allocation that may be reallocated to another Member
             State pursuant to paragraph 1 shall be based on the level of use of the definitive
             allocation of Union aid in the previous school year for school fruit and vegetables
             and for school milk respectively by that Member State. Taking into account the
             declarations of expenditure sent to the Commission concerning expenditure effected
             up to 31 December of the year prior to the submission of the request for Union aid in
   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).
EN                                                       1                                                     EN
 ---pagebreak---              accordance with Article 10 of Commission Implementing Regulation (EU) No
             908/2014*, the amount of the definitive allocation shall be calculated as follows:
             (a)   when the use of the definitive allocation is below or equal to 50 %, no
                   additional allocation shall be granted;
             (b)   when the use of the definitive allocation is higher than 50 % but lower or equal
                   to 75 %, the maximum additional allocation shall be capped at 50 % of the
                   indicative allocation;
             (c)   when the use of the definitive allocation is higher than 75 %, the maximum
                   additional allocation shall not be capped.
             The calculation described in the first subparagraph shall not apply for Member States
             newly applying the school scheme or one of its components during the first two years
             of implementation.
             *     Commission Implementing Regulation (EU) No 908/2014 of 6 August 2014
             laying down rules for the application of Regulation (EU) No 1306/2013 of the
             European Parliament and of the Council with regard to paying agencies and other
             bodies, financial management, clearance of accounts, rules on checks, securities and
             transparency (OJ L 255, 28.8.2014, p. 59).’
                                                Article 2
   This Regulation shall enter into force on the third 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, 28.11.2019
                                                  For the Commission
                                                  The President
                                                  Jean-Claude JUNCKER
EN                                                  2                                               EN