Amendments to Regulation (EU) No 1370/2013
Article 1
Regulation (EU) No 1370/2013 is amended as follows: (1) Articles 5 and 6 are replaced by the following: ‘Article 5 Aid 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 State Indicative allocation for school fruit and vegetables Indicative allocation for school milk Belgium 3 367 930 1 650 729 Bulgaria 2 093 779 1 020 451 Czech Republic 3 123 230 1 600 707 Denmark 1 807 661 1 460 645 Germany 19 696 932 9 404 154 Estonia 439 163 700 309 Ireland 1 757 779 900 398 Greece 3 218 885 1 550 685 Spain 12 932 647 6 302 784 France 22 488 086 12 625 577 Croatia 1 360 232 800 354 Italy 16 711 302 8 003 535 Cyprus 290 000 500 221 Latvia 633 672 700 309 Lithuania 900 888 1 032 456 Luxembourg 290 000 193 000 Hungary 3 029 587 1 756 776 Malta 290 000 193 000 Netherlands 5 431 641 2 401 061 Austria 2 238 064 1 100 486 Poland 11 639 985 10 204 507 Portugal 3 283 397 2 220 981 Romania 6 866 848 10 399 594 Slovenia 554 020 320 141 Slovakia 1 708 720 900 398 Finland 1 599 047 3 824 689 Sweden 2 854 972 8 427 723 United Kingdom 19 391 534 9 804 331 Total 150 000 000 100 000 000 ’ (3) the Annex is numbered as ‘Annex II’.