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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
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Regulation (EU) No 1308/2013 of the European Parliament and of the Council, Article 23 is up to date with all changes known to be in force on or before 10 March 2025. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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1.[F2Aid may] be granted in respect of children in the educational establishments referred to in Article 22:
(a)for the supply and distribution of eligible products referred to in paragraphs 3, 4 and 5 of this Article;
(b)for accompanying educational measures; and
(c)to cover certain related costs linked to equipment, publicity, monitoring and evaluation, and, insofar as those costs are not covered by point (a) of this subparagraph, logistics and distribution.
The [F3appropriate authority may make regulations setting ] limits for the proportion of F4... aid covering measures and costs referred to in points (b) and (c) of the first subparagraph of this paragraph.
2.For the purposes of this Section:
(a)‘school fruit and vegetables’ means the products referred to in point (a) of paragraph 3 and point (a) of paragraph 4;
(b)‘school milk’ means the products referred to in point (b) of paragraph 3 and point (b) of paragraph 4, as well as the products referred to in Annex V.
3.[F5The relevant authority may], taking into account [F6circumstances in the constituent nation], prioritise the distribution of products of either or both of the following groups:
(a)fruit and vegetables and fresh products of the banana sector;
(b)drinking milk and lactose-free versions thereof.
4.Notwithstanding paragraph 3, in order to promote the consumption of specific products and/or to respond to particular nutritional needs of children in [F7the constituent nation, the relevant authority] may provide for the distribution of products of either or both of the following groups:
(a)processed fruit and vegetable products, in addition to the products referred to in point (a) of paragraph 3;
(b)cheese, curd, yoghurt and other fermented or acidified milk products without added flavouring, fruit, nuts or cocoa, in addition to the products referred to in point (b) of paragraph 3.
5.In cases where [F8the relevant authority considers] it necessary for the attainment of the objectives of the school scheme and the goals stated in the strategies referred to in paragraph 8, [F9it] may supplement the distribution of products referred to in paragraphs 3 and 4 with products listed in Annex V.
In such cases, the [F10aid referred to in paragraph 1] shall be paid only for the milk component of the distributed product. That milk component shall not be lower than 90 % by weight for products of Category I of Annex V and 75 % by weight for products of Category II of Annex V.
[F11The appropriate authority may make regulations fixing the level of aid for the milk component of the distributed product.]
6.Products distributed under the school scheme shall not contain any of the following:
(a)added sugars;
(b)added salt;
(c)added fat;
(d)added sweeteners;
(e)added artificial flavour enhancers E 620 to E 650 as defined in Regulation (EC) No 1333/2008 of the European Parliament and of the Council(1).
Notwithstanding the first subparagraph of this paragraph, [F12the relevant authority] may, after [F13consulting the public bodies responsible for health and nutrition in the constituent nation] , decide that eligible products referred to in paragraphs 4 and 5 may contain limited quantities of added sugar, added salt and/or added fat.
F147.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
8.[F15The relevant authority must ensure that there is a strategy in place for the implementation of the scheme in the constituent nation for any period during which it intends to make payments under the scheme. The strategy may cover a period of up to six years and may be amended by the relevant authority at any time], in particular in the light of monitoring and evaluation and of the results achieved. The strategy shall at least identify the needs to be met, the ranking of the needs in terms of priorities, the target group, the results expected to be achieved and, if available, the quantified targets to be attained in relation to the initial situation, and lay down the most appropriate instruments and actions for attaining those objectives.
The strategy may contain specific elements relating to the implementation of the school scheme, including those intended to simplify its management.
[F16Where the relevant authorities agree, the strategy may be a single strategy in respect of the United Kingdom as a whole. ]
9.[F17The relevant authority] shall determine in [F18its strategy] the list of all the products to be supplied under the school scheme either through regular distribution or under accompanying educational measures. [F19In drawing up that list, the relevant authority must consult, where appropriate, the public bodies responsible for health and nutrition in the constituent nation. ]
10.[F20The relevant authority] shall, in order to make the school scheme effective, also provide for accompanying educational measures, which may include, inter alia, measures and activities aimed at reconnecting children with agriculture through activities, such as farm visits, and the distribution of a wider variety of agricultural products as referred to in paragraph 7. Those measures may also be designed to educate children about related issues, such as healthy eating habits, local food chains, organic farming, sustainable production or combating food waste.
11.[F21The relevant authority] shall choose the products to be featured in distribution or to be included in accompanying educational measures on the basis of objective criteria which shall include one or more of the following: health and environmental considerations, seasonality, variety and the availability of local or regional produce, giving priority to the extent practicable to products originating in the [F22United Kingdom]. [F21The relevant authority] may encourage in particular local or regional purchasing, organic products, short supply chains or environmental benefits and, if appropriate, products recognised under the quality schemes established by Regulation (EU) No 1151/2012.
[F23The relevant authority] may consider, in [F24its strategy], prioritising sustainability and fair-trade considerations.]
Textual Amendments
F1Substituted by Regulation (EU) 2016/791 of the European Parliament and of the Council of 11 May 2016 amending Regulations (EU) No 1308/2013 and (EU) No 1306/2013 as regards the aid scheme for the supply of fruit and vegetables, bananas and milk in educational establishments.
F2Words in Art. 23(1) substituted (31.12.2020) by The Common Organisation of the Markets in Agricultural Products Framework (Miscellaneous Amendments, etc.) (EU Exit) Regulations 2019 (S.I. 2019/821), regs. 1, 13(a); 2020 c. 1, Sch. 5 para. 1(1)
F3Words in Art. 23(1) substituted (31.12.2020) by The Common Organisation of the Markets in Agricultural Products and Common Agricultural Policy (Miscellaneous Amendments etc.) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/1422), regs. 1, 2(3)(a)(i); 2020 c. 1, Sch. 5 para. 1(1)
F4Word in Art. 23(1) omitted (31.12.2020) by virtue of The Common Organisation of the Markets in Agricultural Products and Common Agricultural Policy (Miscellaneous Amendments etc.) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/1422), regs. 1, 2(3)(a)(ii); 2020 c. 1, Sch. 5 para. 1(1)
F5Words in Art. 23(3) substituted (31.12.2020) by The Common Organisation of the Markets in Agricultural Products Framework (Miscellaneous Amendments, etc.) (EU Exit) Regulations 2019 (S.I. 2019/821), regs. 1, 13(b)(i); 2020 c. 1, Sch. 5 para. 1(1)
F6Words in Art. 23(3) substituted (31.12.2020) by The Common Organisation of the Markets in Agricultural Products Framework (Miscellaneous Amendments, etc.) (EU Exit) Regulations 2019 (S.I. 2019/821), regs. 1, 13(b)(ii); 2020 c. 1, Sch. 5 para. 1(1)
F7Words in Art. 23(4) substituted (31.12.2020) by The Common Organisation of the Markets in Agricultural Products Framework (Miscellaneous Amendments, etc.) (EU Exit) Regulations 2019 (S.I. 2019/821), regs. 1, 13(c); 2020 c. 1, Sch. 5 para. 1(1)
F8Words in Art. 23(5) substituted (31.12.2020) by The Common Organisation of the Markets in Agricultural Products Framework (Miscellaneous Amendments, etc.) (EU Exit) Regulations 2019 (S.I. 2019/821), regs. 1, 13(d)(i)(aa); 2020 c. 1, Sch. 5 para. 1(1)
F9Word in Art. 23(5) substituted (31.12.2020) by The Common Organisation of the Markets in Agricultural Products Framework (Miscellaneous Amendments, etc.) (EU Exit) Regulations 2019 (S.I. 2019/821), regs. 1, 13(d)(i)(bb); 2020 c. 1, Sch. 5 para. 1(1)
F10Words in Art. 23(5) substituted (31.12.2020) by The Common Organisation of the Markets in Agricultural Products Framework (Miscellaneous Amendments, etc.) (EU Exit) Regulations 2019 (S.I. 2019/821), regs. 1, 13(d)(ii); 2020 c. 1, Sch. 5 para. 1(1)
F11Words in Art. 23(5) substituted (31.12.2020) by The Common Organisation of the Markets in Agricultural Products and Common Agricultural Policy (Miscellaneous Amendments etc.) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/1422), regs. 1, 2(3)(b); 2020 c. 1, Sch. 5 para. 1(1)
F12Words in Art. 23(6) substituted (31.12.2020) by The Common Organisation of the Markets in Agricultural Products Framework (Miscellaneous Amendments, etc.) (EU Exit) Regulations 2019 (S.I. 2019/821), regs. 1, 13(e)(i); 2020 c. 1, Sch. 5 para. 1(1)
F13Words in Art. 23(6) substituted (31.12.2020) by The Common Organisation of the Markets in Agricultural Products Framework (Miscellaneous Amendments, etc.) (EU Exit) Regulations 2019 (S.I. 2019/821), regs. 1, 13(e)(ii); 2020 c. 1, Sch. 5 para. 1(1)
F14Art. 23(7) omitted (31.12.2020) by virtue of The Common Organisation of the Markets in Agricultural Products Framework (Miscellaneous Amendments, etc.) (EU Exit) Regulations 2019 (S.I. 2019/821), regs. 1, 13(f); 2020 c. 1, Sch. 5 para. 1(1)
F15Words in Art. 23(8) substituted (31.12.2020) by The Common Organisation of the Markets in Agricultural Products Framework (Miscellaneous Amendments, etc.) (EU Exit) Regulations 2019 (S.I. 2019/821), regs. 1, 13(g)(i); 2020 c. 1, Sch. 5 para. 1(1)
F16Words in Art. 23(8) inserted (31.12.2020) by The Common Organisation of the Markets in Agricultural Products Framework (Miscellaneous Amendments, etc.) (EU Exit) Regulations 2019 (S.I. 2019/821), regs. 1, 13(g)(ii); 2020 c. 1, Sch. 5 para. 1(1)
F17Words in Art. 23(9) substituted (31.12.2020) by The Common Organisation of the Markets in Agricultural Products Framework (Miscellaneous Amendments, etc.) (EU Exit) Regulations 2019 (S.I. 2019/821), regs. 1, 13(h)(i); 2020 c. 1, Sch. 5 para. 1(1)
F18Words in Art. 23(9) substituted (31.12.2020) by The Common Organisation of the Markets in Agricultural Products Framework (Miscellaneous Amendments, etc.) (EU Exit) Regulations 2019 (S.I. 2019/821), regs. 1, 13(h)(ii); 2020 c. 1, Sch. 5 para. 1(1)
F19Words in Art. 23(9) substituted (31.12.2020) by The Common Organisation of the Markets in Agricultural Products Framework (Miscellaneous Amendments, etc.) (EU Exit) Regulations 2019 (S.I. 2019/821), regs. 1, 13(h)(iii); 2020 c. 1, Sch. 5 para. 1(1)
F20Words in Art. 23(10) substituted (31.12.2020) by The Common Organisation of the Markets in Agricultural Products Framework (Miscellaneous Amendments, etc.) (EU Exit) Regulations 2019 (S.I. 2019/821), regs. 1, 13(i); 2020 c. 1, Sch. 5 para. 1(1)
F21Words in Art. 23(11) substituted (31.12.2020) by The Common Organisation of the Markets in Agricultural Products Framework (Miscellaneous Amendments, etc.) (EU Exit) Regulations 2019 (S.I. 2019/821), regs. 1, 13(j)(i)(aa); 2020 c. 1, Sch. 5 para. 1(1)
F22Words in Art. 23(11) substituted (31.12.2020) by The Common Organisation of the Markets in Agricultural Products Framework (Miscellaneous Amendments, etc.) (EU Exit) Regulations 2019 (S.I. 2019/821), regs. 1, 13(j)(i)(bb); 2020 c. 1, Sch. 5 para. 1(1)
[F1Regulation (EC) No 1333/2008 of the European Parliament and of the Council of 16 December 2008 on food additives ( OJ L 354, 31.12.2008, p. 16 ).]
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