Council Regulation (EU) 2016/795Show full title

Council Regulation (EU) 2016/795 of 11 April 2016 amending Regulation (EU) No 1370/2013 determining measures on fixing certain aids and refunds related to the common organisation of the markets in agricultural products

Article 1Amendments to Regulation (EU) No 1370/2013

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

(1)

Articles 5 and 6 are replaced by the following:

Article 5Aid for the supply of school fruit and vegetables and of school milk, accompanying educational measures and related costs

1.Union aid for the financing of accompanying educational measures as referred to in point (b) of Article 23(1) of Regulation (EU) No 1308/2013 shall not exceed 15 % of Member States' annual definitive allocations as referred to in paragraph 6 of this Article.

2.Union aid for related costs as referred to in point (c) of Article 23(1) of Regulation (EU) No 1308/2013 shall in total not exceed 10 % of Member States' annual definitive allocations as referred to in paragraph 6 of this Article.

The Commission shall adopt implementing acts fixing the maximum level of Union aid per category of such costs as a percentage of Member States' annual definitive allocations or as a percentage of the costs of the products concerned.

Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 15(2) of this Regulation.

3.The amount of Union aid for the milk component of the products referred to in Article 23(5) of Regulation (EU) No 1308/2013 shall not exceed EUR 27/100 kg.

4.The aid referred to in Article 23(1) of Regulation (EU) No 1308/2013 shall be allocated to each Member State in accordance with this paragraph and taking into account the criteria laid down in the first subparagraph of Article 23a(2) of Regulation (EU) No 1308/2013.

From 1 August 2017 until 31 July 2023, the indicative allocations of the aid referred to in points (a) and (b) of the second subparagraph of Article 23a(1) of Regulation (EU) No 1308/2013 for each Member State shall be as set out in Annex I. During that period, point (c) of the first subparagraph of Article 23a(2) of Regulation (EU) No 1308/2013 shall not apply to Croatia.

From 1 August 2023, the Commission shall adopt implementing acts fixing, on the basis of the criteria referred to in the first subparagraph of Article 23a(2) of Regulation (EU) No 1308/2013, the indicative allocations to each Member State of the aid referred to in points (a) and (b) of the second subparagraph of Article 23a(1) of that Regulation. However, Member States shall each receive at least EUR 290 000 of Union aid for the distribution of school fruit and vegetables and at least EUR 193 000 of Union aid for the distribution of school milk, as defined in Article 23(2) of Regulation (EU) No 1308/2013.

The Commission shall subsequently assess at least every 3 years whether those indicative allocations remain consistent with the criteria laid down in Article 23a(2) of Regulation (EU) No 1308/2013. Where necessary, the Commission shall adopt implementing acts fixing new indicative allocations.

The implementing acts referred to in this paragraph shall be adopted in accordance with the examination procedure referred to in Article 15(2) of this Regulation.

5.Where, for a given year, a Member State has not submitted a request for Union aid in accordance with Article 23a(3) of Regulation (EU) No 1308/2013 or has requested only part of its indicative allocation as referred to in paragraph 4 of this Article, the Commission shall reallocate that indicative allocation or the unrequested part thereof to those Member States who have notified it of their willingness to use more than their indicative allocation.

The Commission shall, by means of implementing acts, adopt the measures necessary for carrying out such a reallocation, which shall be based on the criterion referred to in point (a) of the first subparagraph of Article 23a(2) of Regulation (EU) No 1308/2013 and limited according to the level of use of the definitive allocation of Union aid as referred to in paragraph 6 of this Article by the Member State concerned for the school year that ended prior to the annual request for Union aid.

Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 15(2) of this Regulation.

6.Following the requests submitted by the Member States in accordance with Article 23a(3) of Regulation (EU) No 1308/2013, the Commission shall each year adopt implementing acts fixing the definitive allocation of aid for school fruit and vegetables and for school milk among participating Member States within the limits set out in Article 23a(1) of Regulation (EU) No 1308/2013, taking account of the transfers referred to in Article 23a(4) of that Regulation.

Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 15(2) of this Regulation.;

(2)

the following Annex is inserted:

ANNEX I

INDICATIVE ALLOCATIONS for the period 1 August 2017 to 31 July 2023(as referred to in the second subparagraph of Article 5(4))

Member StateIndicative allocation for school fruit and vegetablesIndicative allocation for school milk
Belgium3 367 9301 650 729
Bulgaria2 093 7791 020 451
Czech Republic3 123 2301 600 707
Denmark1 807 6611 460 645
Germany19 696 9329 404 154
Estonia439 163700 309
Ireland1 757 779900 398
Greece3 218 8851 550 685
Spain12 932 6476 302 784
France22 488 08612 625 577
Croatia1 360 232800 354
Italy16 711 3028 003 535
Cyprus290 000500 221
Latvia633 672700 309
Lithuania900 8881 032 456
Luxembourg290 000193 000
Hungary3 029 5871 756 776
Malta290 000193 000
Netherlands5 431 6412 401 061
Austria2 238 0641 100 486
Poland11 639 98510 204 507
Portugal3 283 3972 220 981
Romania6 866 84810 399 594
Slovenia554 020320 141
Slovakia1 708 720900 398
Finland1 599 0473 824 689
Sweden2 854 9728 427 723
United Kingdom19 391 5349 804 331
Total150 000 000100 000 000
(3)

the Annex is numbered as ‘Annex II’.