Forslag til RÅDETS FORORDNING om ændring af forordning (EU) nr. 1370/2013 for så vidt angår støtteordningen for uddeling af frugt og grøntsager, bananer og mælk i uddannelsesinstitutioner ("EU's skoleordning")

EN EN
EUROPEAN
COMMISSION
Brussels, 16.7.2025
COM(2025) 554 final
2025/0234 (NLE)
Proposal for a
COUNCIL REGULATION
amending Regulation (EU) No 1370/2013 as regards the aid scheme for the supply of
fruit and vegetables, bananas and milk in educational establishments
(‘EU school scheme’)
Offentligt
KOM (2025) 0554 - Forslag til forordning
Europaudvalget 2025
EN 1 EN
EXPLANATORY MEMORANDUM
1. CONTEXT OF THE PROPOSAL
• Reasons for and objectives of the proposal
The Commission's Communication of 19 February 2025 ‘A Vision for Agriculture and Food’1
highlights the importance of reconnecting EU consumers - especially vulnerable groups such
as children - with food and local territories. This would enhance both the competitiveness of
the agricultural sector and thus contribute to the fulfilment of the CAP policy objectives, as
well as encouraging healthier eating habits among the general public.
In this respect, the aid for the supply of fruit and vegetables and of milk and milk products in
educational establishments (‘EU school scheme’) laid down in Regulation (EU) No
1308/2013 of the European Parliament and of the Council2
has proven to be effective in
increasing the consumption of selected agricultural products. At the same time, the
multiannual financial framework (‘MFF’) for the years 2028 to 2034 is an opportunity to
make such a scheme more effective, simpler and impactful when it comes to funding in line
with the general principles outlined in the Commission’s Communication on ‘The road to the
next multiannual financial framework’3
published on 11 February 2025. The communication
highlights particularly the need to address ‘the complexities, weaknesses and rigidities that
are currently present and maximise the impact of every euro it spends’ while guaranteeing the
budget’s ability to respond to a changing reality. This is why the Commission has introduced
relevant changes to the EU school scheme through Regulation (EU) .../... of the European
Parliament and the Council [CMO amendment Regulation]4
that will provide all basic
elements of the common organisation of the markets in agricultural products, including
specific provisions for the EU School Scheme.
At the same time, taking into account the new MFF architecture, Member States would be
able to fund the implementation of the EU School Scheme via the National and Regional
Partnership Plans (the ‘NRP Plans’). This means that the relevant provisions of the Council
Regulation (EU) No 1370/20135
fixing the amount of Union aid under the EU School Scheme
are no longer needed and should be deleted.
1
Communication from the Commission to the European Parliament, the Council, the European
Economic and Social Committee and the Committee of the Regions ‘A Vision for Agriculture and Food
– Shaping together an attractive farming and agri-food sector for future generations’ 19.2.2025,
COM(2025)75 final.
2
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 (OJ L
347, 20.12.2013, p. 671, ELI: http://data.europa.eu/eli/reg/2013/1308/oj).
3
Communication from the Commission to the European Parliament, the Council, the European
Economic and Social Committee and the Committee of the Regions ‘The road to the next multiannual
financial framework’ 11.2.2025, COM(2025)46 final.
4
Regulation (EU) …/… of the European Parliament and of the Council amending Regulation (EU) No
1308/2013 as regards European Union school fruit, vegetables and milk scheme (‘EU school scheme’),
sectoral interventions, the creation of a protein sector, requirements for hemp, the possibility for
marketing standards for cheese, protein crops and meat, application of additional import duties, rules on
the availability of supplies in time of emergencies and severe crisis and securities (OJ L …, ELI:…).
5
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 products (OJ L 346,
20.12.2013, p. 12, ELI: http://data.europa.eu/eli/reg/2013/1370/oj).
EN 2 EN
• Consistency with existing policy provisions in the policy area
The deletion of the provisions is consistent with the proposals for Regulation (EU) .../...
[NRPF Regulation] and for Regulation (EU) …/… of the European Parliament and of the
Council [CMO amendment].Following the inclusion of the School Scheme as a type of
intervention financed by the Fund, the existing EU School Scheme provisions laid down
under the Council Regulation (EU) No 1370/2023 are no longer needed.
• Consistency with other EU policies
2. LEGAL BASIS, SUBSIDIARITY AND PROPORTIONALITY
• Legal basis
Article 43(3) of the Treaty on the Functioning of the European Union (TFEU) is the basis for
the proposal for regulation amending Regulation (EU) No 1370/2013 to delete the existing
provisions on the EU school scheme. Regulation (EU) No 1370/2013 was adopted on the
basis of Article 43 (3) TFEU and therefore needs to be amended on the basis of the same legal
basis.
• Subsidiarity (for non-exclusive competence)
The deletion cannot be achieved by national legislation.
• Proportionality
NA
• Choice of the instrument
Given the objectives and content of the proposal, an amendment to the existing regulation is
the most appropriate instrument.
3. RESULTS OF EX-POST EVALUATIONS, STAKEHOLDER
CONSULTATIONS AND IMPACT ASSESSMENTS
The proposal is a consequence of the new MFF architecture and more particularly the
Regulation (EU) .../... [NRPF Regulation] for which an overall impact assessment and
stakeholder consultations have been carried out.
• Fundamental rights
The revision respects the rights and observes the principles enshrined in the Charter of
Fundamental Rights of the European Union as laid down in the Commission proposal for
NPRF Regulation. The provisions of that proposed Regulation concerning respect of
fundamental rights and the rule of law will apply also to EU school scheme.
4. BUDGETARY IMPLICATIONS
The existing EU school scheme laid down in Regulation (EU) No 1308/2013 is to be
discontinued. The new EU School Scheme will be financed by the Fund. The financial
allocations to Member States are proposed to be regulated in Regulation (EU) .../... [NRPF
Regulation] and the requirements for the school scheme are proposed to be regulated in
Regulation (EU) No 1308/2013.
5. OTHER ELEMENTS
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• Detailed explanation of the specific provisions of the proposal
Article 5 of Regulation (EU) No 1370/2013 lays down rules on the fixing of indicative and
definitive allocations and on reallocation of Union aid, on the maximum levels of Union aid
for the financing of accompanying educational measures and related costs as well as on the
maximum amount of Union aid for the milk component.
Annex V to Regulation (EU) No 1370/2013 lays down the indicative allocations of Union aid
to each Member State from 1 August 2017 to 31 July 2023.
In order to increase the effectiveness and to ensure coherence with other CAP instruments, the
EU School Scheme should be implemented as a type of intervention supported by the Fund.
As the current EU School Scheme laid down in Regulation (EU) No 1308/2013 should be
deleted, the provisions concerning the EU School Scheme laid down in Regulation (EU)
1370/2013 should also be deleted.
EN 4 EN
2025/0234 (NLE)
Proposal for a
COUNCIL REGULATION
amending Regulation (EU) No 1370/2013 as regards the aid scheme for the supply of
fruit and vegetables, bananas and milk in educational establishments
(‘EU school scheme’)
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty on the Functioning of the European Union, and in particular
Article 43(3) thereof,
Having regard to the proposal from the European Commission,
Whereas:
(1) The multiannual financial framework package for the years 2028 to 2034 includes
Regulation (EU) .../... of the European Parliament and of the Council [NRPF
Regulation]1
establishing the National and Regional Partnership Fund (the ‘Fund’) for
the period 2028 to 2034, grouping the nationally pre-allocated funds under the Fund,
including the European Agriculture Guarantee Fund (EAGF) and the European
Agricultural Fund for Rural Development (EAFRD). The Fund is to be implemented
through National and Regional Partnership Plans (the ‘NRP Plans’) and the Union
Facility (the ‘Facility’), which aim at increasing flexibility and cater for crises and
interventions that require steering or coordination at Union level.
(2) The aid for the supply of fruit and vegetables and of milk and milk products in
educational establishments provided for in Part II, Title I, Chapter II of Regulation
(EU) No 1308/2013 of the European Parliament and of the Council2
(the ‘EU school
scheme’) has proven to be effective in increasing the consumption of selected
agricultural products. In order to contribute to achieving the objectives of the Common
Agricultural Policy (CAP), the EU School Scheme should be continued. However, in
order to increase its effectiveness and to ensure coherence with other CAP
instruments, the EU school scheme should be based on delivery of performance and
should be implemented as a type of intervention supported by the Fund, subject to the
rules laid down in Regulation (EU) .../... [NRPF Regulation] and Regulation (EU)
.../...of the European Parliament and of the Council [Performance Regulation]3
.
Therefore, the existing provisions on the EU school scheme in Regulation (EU) No
1308/2013 are to be deleted.
1
Regulation (EU) .../... of the European Parliament and the Council [NRPF Regulation] (OJ L …,
ELI:…).
2
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 (OJ L
347, 20.12.2013, p. 671, ELI: http://data.europa.eu/eli/reg/2013/1308/oj).
3
Regulation (EU) .../... of the European Parliament and the Council [Performance Regulation] (OJ L …,
ELI:…).
EN 5 EN
(3) Council Regulation (EU) No 1370/20134
fixes the amount of Union aid under the EU
school scheme. In view of the deletion of the provisions relating to the EU school
scheme laid down in Regulation (EU) No 1308/2013, the provisions relating to the EU
school scheme in Regulation (EU) No 1370/2013 should also be deleted.
(4) Regulation (EU) No 1370/2013 should therefore be amended accordingly.
(5) In order to ensure a smooth transition to the new legal framework under the Fund, the
amendments to Regulations (EU) No 1370/2013 and (EU) No 1308/2013 deleting the
provisions relating to the EU school scheme should apply from the same date.
However, in order to finalise the payments of the measures after the 31 December
2027 those provisions should continue to apply in respect of measures implemented
until 31 December 2027,
HAS ADOPTED THIS REGULATION:
Article 1
Regulation (EU) No 1370/2013 is amended as follows:
(1) Article 5 is deleted;
(2) Annex I is deleted.
Article 2
Article 5 of Regulation (EU) No 1370/2013 shall continue to apply after 31 December 2027
for measures implemented until 31 December 2027.
Article 3
This Regulation shall enter into force on the twentieth day following that of its publication in
the Official Journal of the European Union.
It shall apply from 1 January 2028 [date dependant on the date of application of Regulation
(EU) […] establishing the National and Regional Partnership Fund for the period 2028-2034
and Regulation amending Regulation (EU) No 1308/2013 as regards the school fruit,
vegetables and milk scheme (‘EU school scheme’)].
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels,
For the Council
The President
4
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 products (OJ L 346,
20.12.2013, p. 12, ELI: http://data.europa.eu/eli/reg/2013/1370/oj).