Commission Implementing Regulation (EU) 2016/248 of 17 December 2015 laying down rules for the application of 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 and fixing the indicative allocation for that aid
Commission Implementing Regulation (EU) 2016/248of 17 December 2015laying down rules for the application of 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 and fixing the indicative allocation for that aidTHE 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 25 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 Articles 62(2)(a) to (d) and 64(7)(a) thereof,Having regard to Council 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 productsOJ L 346, 20.12.2013, p. 12., and in particular the second subparagraph of Article 5(2) 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 is repealed by Delegated Regulation (EU) 2016/247Commission 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 (see page 1 of this Official Journal)..(2)In accordance with Article 23(2) of Regulation (EU) No 1308/2013, Member States wishing to participate in the Scheme are to draw up a prior strategy for its implementation. In order to be able to evaluate the implementation of the Scheme, the elements of the strategy should be defined.(3)In the interest of sound administration and budget management, Member States implementing the Scheme should apply for Union aid on an annual basis and the content of such application should be defined.(4)The content and frequency of aid applications submitted by aid applicants should be determined as well as the rules on the lodging of applications. In addition the evidence required to support the aid applications needs to be specified. Penalties to be applied by the competent authority where an application for aid is lodged late should also be laid down.(5)The conditions for payment of the aid should be further clarified to take account of the distinction between aid for the supply and distribution of products and aid for carrying out monitoring, evaluation, publicity and accompanying measures. The content of the documentary evidence required in support of each application for the payment of the aid should be specified.(6)In order to assess the effectiveness of the Scheme, Member States should notify the Commission of the results and findings of their monitoring and evaluation of the Scheme. For the sake of clarity, it is appropriate to fix a date for the notification of the evaluation report and of the results of the monitoring exercise to the Commission. The Commission should publish those documents.(7)To protect Union's financial interests, adequate control measures should be adopted to combat irregularities and fraud. These control measures should involve full administrative checking supplemented by on-the-spot checks. The scope, content, timing and reporting of such control measures should be specified so as to ensure an equitable and uniform approach between Member States, taking account of their different implementation of the Scheme.(8)Amounts unduly paid should be recovered in accordance with Commission Implementing Regulation (EU) No 809/2014Commission Implementing Regulation (EU) No 809/2014 of 17 July 2014 laying down rules for the application of Regulation (EU) No 1306/2013 of the European Parliament and of the Council with regard to the integrated administration and control system, rural development measures and cross compliance (OJ L 227, 31.7.2014, p. 69)..(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. Further to the provisions concerning the poster provided for in Delegated Regulation (EU) 2016/247 it is appropriate to lay down rules on publicising the Scheme and on the use of the Union emblem. It is also appropriate to allow for the transitional use of the currently used posters and other tools of publicity for a limited period of time.(10)The measures provided for in this Regulation are in accordance with the opinion of the Committee for the Common Organisation of the Agricultural Markets,HAS ADOPTED THIS REGULATION: