Commission Delegated Regulation (EU) 2016/247 of 17 December 2015 supplementing Regulation (EU) No 1308/2013 of the European Parliament and of the Council with regard to Union aid for the supply and distribution of fruit and vegetables, processed fruit and vegetables and banana products within the framework of the school fruit and vegetables scheme
Commission Delegated Regulation (EU) 2016/247of 17 December 2015supplementing Regulation (EU) No 1308/2013 of the European Parliament and of the Council with regard to Union aid for the supply and distribution of fruit and vegetables, processed fruit and vegetables and banana products within the framework of the school fruit and vegetables schemeTHE 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 1234/2007OJ L 347, 20.12.2013, p. 671., and in particular Article 24 thereof,Having regard to Regulation (EU) No 1306/2013 of the European Parliament and of the Council of 17 December 2013 on the financing, management and monitoring of the common agricultural policy and repealing Council Regulations (EEC) No 352/78, (EC) No 165/94, (EC) No 2799/98, (EC) No 814/2000, (EC) No 1290/2005 and (EC) No 485/2008OJ L 347, 20.12.2013, p. 549., and in particular Article 64(6)(a) thereof,Whereas:(1)Regulation (EU) No 1308/2013 replaced Council Regulation (EC) No 1234/2007Council Regulation (EC) No 1234/2007 of 22 October 2007 establishing a common organisation of agricultural markets and on specific provisions for certain agricultural products (Single CMO Regulation) (OJ L 299, 16.11.2007, p. 1). and lays down new rules regarding the school fruit and vegetables scheme ("the Scheme"). It also empowers the Commission to adopt delegated and implementing acts in that respect. In order to ensure the smooth functioning of the Scheme in the new legal framework, certain rules have to be adopted by means of such acts. Those acts should replace Commission Regulation (EC) No 288/2009Commission Regulation (EC) No 288/2009 of 7 April 2009 laying down detailed rules for applying Council Regulation (EC) No 1234/2007 as regards Community aid for supplying fruit and vegetables, processed fruit and vegetables and banana products to children in educational establishments, in the framework of a School Fruit Scheme (OJ L 94, 8.4.2009, p. 38)., which should therefore be repealed.(2)The objective of the Scheme is to increase short and long-term fruit and vegetables consumption and to promote healthy eating habits.(3)In accordance with Article 23(2) of Regulation (EU) No 1308/2013, Member States wishing to participate in the Scheme, at national or regional level, are to draw up a prior strategy for its implementation and provide for the necessary accompanying measures. Where Member States decide to implement the Scheme at regional level, they should draw up a strategy for each region.(4)Pursuant to Article 5(2) of Council Regulation (EU) No 1370/2013Council Regulation (EU) No 1370/2013 of 16 December 2013 determining measures on fixing certain aids and refunds related to the common organisation of the markets in agricultural products (OJ L 346, 20.12.2013, p. 12)., the Commission is to fix the indicative allocation of Union aid for the supply of fruit and vegetables, processed fruit and vegetables and banana products covered by the Scheme ("the products"). In order to maximise the full potential of available funds, it is appropriate to provide for the reallocation of the unrequested Union aid between the participating Member States that have notified the Commission of their willingness to use more than their indicative allocation of Union aid.(5)Costs incurred for purchasing the products, as well as some related costs that are directly linked to the implementation of the Scheme, should be eligible for Union aid, if provided for in the Member State's strategy. However, in order to preserve the effectiveness of the Scheme, only a small percentage of aid should be allocated to those related costs. For financial management and control purposes, those costs should not exceed certain thresholds.(6)In the interest of sound administration, budget management and supervision, the conditions for granting aid and for the selection and approval of aid applicants should be specified.(7)In order to assess the effectiveness of the Scheme, and to allow peer review and the exchange of best practices, Member States should monitor and evaluate the implementation of the Scheme on a regular basis and send their results and findings to the Commission.(8)Penalties should be determined in order to deter applicants from fraudulent behaviour and serious negligence.(9)In accordance with Article 23(10) of Regulation (EU) No 1308/2013, the public is to be sufficiently aware of the Union's financial contribution to the Scheme. For that purpose, the Member States should be able to use a poster that may be exhibited in participating educational establishments. That poster should be produced in compliance with certain minimum requirements,HAS ADOPTED THIS REGULATION: