Commission Delegated Regulation (EU) 2022/245 of 13 December 2021 amending Delegated Regulation (EU) 2017/40 as regards the accompanying educational measures and the selection and approval of aid applicants

THE 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 1234/2007 (1), and in particular Article 24(1), points (b) and (c), thereof,

Whereas:

(1) Article 3 of Commission Delegated Regulation (EU) 2017/40 (2) establishes conditions for the design and application of the accompanying educational measures that Member States are to provide for pursuant to Article 23(10) of Regulation (EU) No 1308/2013. In the interest of legal certainty, it is appropriate to lay down a non-exhaustive list of activities that may be carried out as part of the accompanying educational measures under the school scheme, including where no Union aid is requested. It is also appropriate to clarify that, in order to make the school scheme effective, Member States should ensure that the accompanying educational measures that are provided for to support the distribution of school fruit and vegetables and school milk reach all children participating in the school scheme. Such requirement is without prejudice to the autonomy granted to the educational establishments within the Member States, according to the repartition of the competences and the strategy for implementation of the school scheme in the Member States concerned.

(2) Article 5(2) of Delegated Regulation (EU) 2017/40 establishes the general conditions for the selection of aid applicants. When selecting aid applicants, Member States, acting at national, regional or local level, may be subject to Union or national public procurement rules. In the interest of legal certainty, it is appropriate to clarify that Member States should ensure compliance with applicable rules on public procurement.

(3) Article 6 of Delegated Regulation (EU) 2017/40 specifies the conditions for the approval of aid applicants, laying down the written commitments that the applicants have to make. Paragraph 2 of that Article lays down an additional written commitment to be made in the case of aid applications relating only to the supply and/or distribution of products. However, such commitment is also pertinent if the aid applications combine the supply and/or distribution of products and the provision of educational measures. Paragraph 3 of that Article refers to aid applications relating to accompanying educational measures only. It indicates that competent authorities may specify any additional written commitments to be undertaken by aid applicants. However, this should be possible for all aid applicants. Therefore, Article 6 of that Regulation should be amended accordingly. In order to allow Member States sufficient time to adapt the procedures for the approval of aid applicants, it is appropriate to provide that the amendment to the conditions for the approval of aid applicants only applies from the 2022/2023 school year.

(4) Delegated Regulation (EU) 2017/40 should therefore be amended accordingly,

HAS ADOPTED THIS REGULATION:

Article 1

Delegated Regulation (EU) 2017/40 is amended as follows:

(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.’;

Article 2

This Regulation shall enter into force on the third day following that of its publication in the Official Journal of the European Union.

Article 1 , point (3) shall apply to aid as from the 2022/2023 school year.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, 13 December 2021.

For the Commission The President Ursula VON DER LEYEN

(1) OJ L 347, 20.12.2013, p. 671.

(2) Commission Delegated Regulation (EU) 2017/40 of 3 November 2016 supplementing Regulation (EU) No 1308/2013 of the European Parliament and of the Council with regard to Union aid for the supply of fruit and vegetables, bananas and milk in educational establishments and amending Commission Delegated Regulation (EU) No 907/2014 (OJ L 5, 10.1.2017, p. 11).