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

• Published date: 10 January 2017
• Subject Matter: Education, vocational training and youth,Fruit and vegetables
• Official Gazette Publication: Official Journal of the European Union, L 5, 10 January 2017

02017R0040 — EN — 01.08.2022 — 003.001

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►B 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 005 10.1.2017, p. 11)

Amended by:

		Official Journal
		No	page	date
►M1	COMMISSION DELEGATED REGULATION (EU) 2020/1238 of 17 June 2020	L 284	1	1.9.2020
►M2	COMMISSION DELEGATED REGULATION (EU) 2022/245 of 13 December 2021	L 41	5	22.2.2022

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▼B

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

CHAPTER I

GENERAL RULES ON THE SCHOOL SCHEME

Article 1

Scope and definitions

1.

This Regulation lays down rules supplementing Regulation (EU) No 1308/2013 as regards Union aid for the supply and distribution of fruit and vegetables, processed fruit and vegetable products and fresh products of the banana sector (‘school fruit and vegetables’), and for the supply and distribution of milk and milk products (‘school milk’) to children in educational establishments, for accompanying educational measures and for certain related costs in the framework of the scheme referred to under Article 23 of that Regulation (‘the school scheme’).

2.

For the purposes of this Regulation, the definition of the school year laid down in Article 1(2) of Commission Implementing Regulation (EU) 2017/39 ( 1 ) shall apply.

Article 2

Member States' strategy

1.

When drawing up the strategy referred to in Article 23(8) of Regulation (EU) No 1308/2013, Member States may choose the administrative level at which they wish to implement the school scheme. If a Member State decides to implement the school scheme at a regional level, it shall draw up a strategy for each region and an accompanying coordination framework at Member State level. The Member State shall establish a single contact point for the exchange of information with the Commission.

2.

If a Member State does not make products under the school scheme available free of charge, it shall explain in its strategy the arrangements it has put in place to ensure that Union aid under the school scheme is reflected in the price at which those products are made available.

3.

Member States wishing to participate in the school scheme shall notify the Commission of their strategy by 30 April preceding the first school year covered by the strategy. However, Member States shall notify the Commission of their strategy covering the 6-year period starting with the 2017/2018 school year by 1 August 2017.

4.

A Member State may amend its strategy. The Member State shall notify the Commission of its amended strategy within 2 months of the amendment.

Article 3

Accompanying educational measures

▼M2

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.

▼B

3.

Accompanying educational measures may involve also parents and teachers.

Article 4

Eligible costs

1.

The following costs are eligible for Union aid:

(a)

the costs of the products supplied under the school scheme and distributed to children in educational establishments referred to in Article 22 of Regulation (EU) No 1308/2013, which may include the costs of purchasing, renting, hiring and leasing of equipment used in the supply and distribution of products, as provided for in the strategy of the Member State;

(b)

the costs of accompanying educational measures, including:

(i)

costs of organising tasting classes, setting up and maintaining school gardens, organising visits to farms and similar activities aimed at reconnecting children with agriculture;

(ii)

costs of measures aimed at educating children about agriculture, healthy eating habits, local food chains, organic production, sustainable production, and combating food waste;

(c)

the costs of publicity for the school scheme, which shall be directly aimed at informing the wider public about the school scheme, including:

(i)

the cost of the poster referred to in Article 12 of this Regulation;

(ii)

the cost of information campaigns by means of broadcasting, electronic communications, newspapers and similar means of communication;

(iii)

the cost of information sessions, conferences, seminars and workshops dedicated to informing the wider public about the school scheme and similar events;

(iv)

the cost of information and promotion material such as letters, leaflets, brochures, gadgets and similar;

(d)

the costs of networking measures to exchange experiences and best practices on implementation of the school scheme;

(e)

the costs relating to the obligation for Member States to monitor and evaluate the effectiveness of their school scheme;

(f)

the costs of transport and distribution of the products supplied under the school scheme, insofar as they are not covered by point (a) of this paragraph.

2.

The costs referred to in paragraph 1 shall not be financed under any other Union aid scheme, programme, measure or operation.

3.

Value added tax (VAT) is not eligible for Union...