Conditions for approval of aid applicants
Article 1
Open ↗Delegated Regulation (EU) 2017/40 is amended as follows: (1) in Article 3, paragraphs 1 and 2 are replaced by the following: ‘1. The accompanying educational measures referred to in Article 23(10) of Regulation (EU) No 1308/2013 shall be directly linked to the objectives of the school scheme of increasing the consumption of selected agricultural products and shaping healthier diets. They shall be aimed at reconnecting children with agriculture and the variety of Union agricultural products, particularly those produced in their region, and educating children about related issues, such as healthy eating habits and their implications for public health, national dietary recommendations, local food chains, organic farming, sustainable food production and consumption and combating food waste, and they may include activities such as: (a) visits to farms, network of orchards, producers’ organisations, dairy processing units, farmers’ markets, warehouse sorting and packaging of fruit and vegetables, agricultural museums and other similar activities; (b) setting up and maintenance of school gardens and orchards; (c) food preparation, cooking and tasting classes, workshops, laboratories and other similar activities; (d) lessons, seminars, conferences, workshops and other similar activities; (e) teaching materials, competitions, games, educational quizzes, themed days or weeks and other similar activities. In the event that the accompanying educational measures include agricultural products other than those referred to in Article 23(3), (4) and (5) of Regulation (EU) No 1308/2013, the measures shall provide for the tasting of those other products. 2. Member States shall ensure that all children participating in the school scheme can take part in accompanying educational measures. Where educational measures directly linked to the objectives of the school scheme are provided for in educational establishments as part of the regular school curriculum or other policies or programmes, Member States may decide to take them into account for the purpose of subparagraph 1. The accompanying educational measures may be designed and implemented at national, regional, local or educational establishment level, according to the Member States’ repartition of competences and strategy for the implementation of the school scheme. Member States shall ensure that the educational establishments participating in the scheme are duly informed about the system in place for the accompanying educational measures and the available materials and tools.’ (2) in Article 5(2), the following subparagraph is added: ‘When selecting aid applicants, Member States shall ensure compliance with applicable law, including rules on public procurement.’; (3) Article 6 is replaced by the following: ‘Article 6 Conditions for approval of aid applicants 1. Aid applicants shall be approved by the competent authority of the Member State in which the educational establishment to which the products are supplied and/or distributed is located. Approval shall be subject to the following written commitments made by the applicants: (a) to ensure the products financed by the Union under the school scheme are made available for consumption by the children in educational establishment or establishments in respect of which they will apply for aid; (b) to use the aid allocated for accompanying educational measures, monitoring, evaluation, and publicity measures, in accordance with the objectives of the school scheme and, where accompanying educational measures concern health and nutrition topics, in accordance with national health advice and dietary recommendations for the age group concerned; (c) to reimburse any aid unduly paid for the quantities concerned, if it has been found that the products have not been distributed to the children or are not eligible for Union aid; (d) to reimburse any aid unduly paid for accompanying educational measures, monitoring, evaluation, and publicity measures, if it has been found that those measures or activities have not been properly carried out; (e) to make supporting documents available to the competent authority on request; (f) to permit the competent authority to conduct any necessary checks, in particular the scrutiny of records and physical inspection; (g) to keep a record of the names and addresses of the educational establishments or educational authorities in receipt of their products and a record of the quantities of the specific products sold or supplied, where the applicant is not an educational establishment. Competent authorities may specify any additional written commitments to be undertaken by applicants. Where applications for aid concern activities subject to public procurement procedures, Member States may consider approval as granted where the commitments set out in the first and second subparagraphs are included in the conditions for participating in the public procurement procedures. 2. In the case of applicants for aid relating to the supply and/or distribution of products only, paragraph 1, points (b) and (d) shall not apply. 3. In the case of applicants for aid relating to accompanying educational measures only, paragraph 1, points (a), (c) and (g) shall not apply. 4. In the case of applicants for aid relating to monitoring, evaluation and publicity measures only, paragraph 1, points (a), (c) and (g) shall not apply. 5. Member States may consider the approvals granted under the school fruit and vegetables scheme according to Delegated Regulation (EU) 2016/247 and/or under the school milk scheme according to Regulation (EC) No 657/2008 valid if the criteria and the conditions are not changed.’.