EXPLANATORY MEMORANDUM

1.CONTEXT OF THE DELEGATED ACT

Member States are to submit their annual monitoring reports on the implementation of the school scheme (‘the scheme’) to the Commission by 31 January of the calendar year following the end of the school year concerned.

The evaluation support studies conducted in 2023 identified the administrative burden of monitoring as one of the factors limiting the efficiency of the scheme. At the Member State level, the burden primarily relates to reporting on the implementation of the Scheme. At Commission services level, a significant amount of time is devoted to requesting clarifications from Member States concerning their annual monitoring reports.

Therefore, to reduce red tape, the reporting on the implementation of the scheme should be simplified by reducing to the extent possible, without jeopardising the aim of monitoring (i.e. demonstrating the progress on the implementation of the scheme), the mandatory information to be included in the annual monitoring reports.

2.CONSULTATIONS PRIOR TO THE ADOPTION OF THE ACT

Consultations, involving experts from all the 27 Member States, were carried out within the Expert Group for Agricultural Markets, in particular concerning aspects falling under the single CMO Regulation: Subgroup Animal Products, in the meetings of 23 May 2024, 20 June 2024, 18 July 2024 and 29 August 2024. These meetings allowed for a presentation of the planned amendment to Commission Delegated Regulation (EU) 2017/40, as well as an exchange of views with the experts.

The draft delegated regulation was posted in the European Commission portal “Have your say” from 2 to 30 October 2024 to gather the views of citizens and stakeholders. It received feedback by 4 stakeholders. One stakeholder supported the initiative, and one asked for further simplification of the scheme to ease the burden for the suppliers. However, the latter concerns the implementation of the scheme at Member States’ level. Two stakeholders had requests and suggestions that go beyond the scope of the present act as they concern the rules on the design of the EU school scheme set out in Regulation (EU) No 1308/2013 by the European Parliament and the Council.

3.LEGAL ELEMENTS OF THE DELEGATED ACT

Pursuant to Article 24(2)(b) of Regulation (EU) No 1308/2013 of the European Parliament and of the Council, the Commission is empowered to adopt delegated acts concerning the obligation for Member States to monitor the effectiveness of their school scheme. Pursuant to Article 223(2)(a) of the same Regulation, the Commission is empowered to adopt delegated acts laying down the nature and type of information to be notified.

This delegated act replaces Article 9(3) of Delegated Regulation (EU) 2017/40 to exclude certain non-essential elements from the annual monitoring reports to be submitted by Member States.

COMMISSION DELEGATED REGULATION (EU) …/...

of 25.11.2024

amending Delegated Regulation (EU) 2017/40 as regards the monitoring of the implementation of the Union aid scheme for the supply of fruit and vegetables, bananas and milk in educational establishments

THE EUROPEAN COMMISSION,

Having regard to the Treaty on the Functioning of the European Union,

Having regard to 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 1 , and in particular Article 24(2), point (b), and Article 223(2), point (a), thereof,

Whereas:

(1)Pursuant to Article 9 of Commission Delegated Regulation (EU) 2017/40 2 , Member States are required to monitor the implementation of the Union aid scheme for the supply of fruit and vegetables, bananas and milk in educational establishments (‘school scheme’) and to include in their annual monitoring reports specific information.

(2)Certain information, such as the average price of the portions, or the information on the authorities and stakeholders involved, is not essential for the proper monitoring of the school scheme. To alleviate the administrative burden, that information should no longer be provided. Other information, such as the frequency of delivery of the products, should be simplified.

(3)Delegated Regulation (EU) 2017/40 should therefore be amended accordingly,

HAS ADOPTED THIS REGULATION:

Article 1

In Article 9 of Delegated Regulation (EU) 2017/40, paragraph 3 is replaced by the following:

‘3. The annual monitoring reports by Member States shall include information about the funds used for the supply and distribution of each of the product groups listed in Article 23(3), (4) and (5) of Regulation (EU) No 1308/2013 and for the accompanying educational measures, the number of educational establishments and of children participating in the school scheme, the average portion size and the number of delivered portions, the quantities of products supplied broken down by product groups and, if applicable, of products other than those listed in Article 23(3), (4) and (5) of Regulation (EU) No 1308/2013 that are included under the accompanying educational measures according to Article 23(7) of that Regulation, and the types of communication and accompanying measures implemented.’.

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, 25.11.2024

   For the Commission

   The President
   Ursula VON DER LEYEN

(1)    OJ L 347, 20.12.2013, p. 671, ELI: http://data.europa.eu/eli/reg/2013/1308/oj .
(2)    Commission Delegated Regulation (EU) 2017/40 of 3 November 2016 supplementing 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 and amending Commission Delegated Regulation (EU) No 907/2014 (OJ L 5, 10.1.2017, p. 11, ELI: http://data.europa.eu/eli/reg_del/2017/40/oj ).