Date: 2019-11-29Category: Not ApplicableState: Union GovernmentCountry: Europe
Commission Implementing Regulation (EU) 2019/1983 of 28 November 2019 amending Implementing Regulation (EU) 2017/39 as regards the reallocation of Union aid
Issued by European Commission
· Directorate-General for Agriculture and Rural Development
**Executive Summary:**
Commission Implementing Regulation (EU) 2019/1983 amends Implementing Regulation (EU) 2017/39, clarifying rules for reallocating unrequested Union aid among Member States participating in the school scheme. The amount reallocated is based on the Member State's use of definitive Union aid in the previous school year. The regulation takes into account expenditure declarations up to December 31st. It enters into force on the third day following its publication in the Official Journal of the European Union.
**Key Points / Main Content:**
* **Reallocation of Union Aid:**
* The regulation concerns the reallocation of unrequested Union aid between Member States participating in the school scheme.
* Reallocation is based on Member States' use of definitive Union aid in the previous school year for school fruit, vegetables, and milk.
* **Calculation of Reallocatable Amounts:**
* Expenditure declarations sent to the Commission up to December 31st of the year prior to the aid request are considered.
* If definitive allocation use is ≤ 50%, no additional allocation is granted.
* If definitive allocation use is > 50% but ≤ 75%, the maximum additional allocation is capped at 50% of the indicative allocation.
* If definitive allocation use is > 75%, the additional allocation is not capped.
* **Exceptions:**
* The calculation method does not apply to Member States newly applying to the school scheme or its components during the first two years of implementation.
* **Amendment:**
* Article 7(3) of Implementing Regulation (EU) 2017/39 is replaced with the updated calculation rules.
* **Entry into Force:**
* The regulation enters into force on the third day following its publication in the Official Journal of the European Union.
**Impact Analysis**
* **Member States:**
* *Impact:* Member States participating in the school scheme are affected by the revised rules for reallocation of Union aid. Those seeking additional aid must adhere to the new calculation methods based on their previous year's utilization of funds.
* *Action Required:* Member States need to review their expenditure declarations, assess their aid utilization rates, and adjust their requests for additional Union aid accordingly.
* **European Commission:**
* *Impact:* The Commission is responsible for implementing and monitoring the revised regulation.
* *Action Required:* The Commission must ensure the correct application of the new calculation methods for reallocating Union aid and update relevant procedures and documentation.
Key Entities Referenced
European Union: A political and economic union of member states located primarily in Europe.
European Commission: The executive branch of the European Union responsible for proposing legislation, implementing decisions, and managing the EU budget.
Council Regulation EU No 1370/2013: A regulation of the European Union determining measures on fixing certain aids and refunds related to the common organisation of the markets in agricultural products.
Commission Implementing Regulation EU 2017/39: A regulation of the European Union setting out the rules for the reallocation of unrequested Union aid between the Member States participating in the school scheme.
Commission Implementing Regulation EU No 908/2014: A regulation of the European Union laying down rules for the application of Regulation EU No 1306/2013 with regard to paying agencies and other bodies, financial management, clearance of accounts, rules on checks, securities and transparency.
Brussels: The de facto capital city of the European Union, located in Belgium, where the regulation was adopted.
Jean-Claude Juncker: The President of the European Commission at the time of the regulation's adoption.
Committee for the Common Organisation of the Agricultural Markets: A committee that provides opinions on measures related to the common organization of agricultural markets.
L 308/82 E N O f f i c i a l J o u r n a l o f t h e E u r o p e an Union 29.11.2019
COMMISSION IMPLEMENTING REGULATION (EU) 2019/1983
of 28 November 2019
amending Implementing Regulation (EU) 2017/39 as regards the reallocation of Union aid
THE EUROPEAN COMMISSION,
Having regard to the Treaty on the Functioning of the European Union,
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 products (1), and in particular Article 5
(5) thereof,
Whereas:
(1) Commission Implementing Regulation (EU) 2017/39 (2) sets out the rules, inter alia, for the reallocation of
unrequested Union aid between the Member States participating in the school scheme that have notified their
willingness to use more than their indicative allocation. The amount of indicative allocation that may be reallocated
to another Member State is to be based on the level of use of the definitive allocation of Union aid in the previous
school year by that Member State. In the light of experience gained under the school scheme, the rules for the
calculation of the amounts of indicative allocation to be reallocated should be further clarified. In order to provide
the most updated basis for the reallocation of Union aid, the Member States’ declarations of expenditure effected up
to 31 December should be taken into account for the calculation.
(2) Implementing Regulation (EU) 2017/39 should therefore be amended accordingly.
(3) 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:
Article 1
In Article 7 of Implementing Regulation (EU) 2017/39, paragraph 3 is replaced by the following:
‘3. The amount of indicative allocation that may be reallocated to another Member State pursuant to paragraph 1
shall be based on the level of use of the definitive allocation of Union aid in the previous school year for school fruit
and vegetables and for school milk respectively by that Member State. Taking into account the declarations of
expenditure sent to the Commission concerning expenditure effected up to 31 December of the year prior to the
submission of the request for Union aid in accordance with Article 10 of Commission Implementing Regulation (EU)
No 908/2014 (*), the amount of the definitive allocation shall be calculated as follows:
(a) when the use of the definitive allocation is below or equal to 50 %, no additional allocation shall be granted;
(b) when the use of the definitive allocation is higher than 50 % but lower or equal to 75 %, the maximum additional
allocation shall be capped at 50 % of the indicative allocation;
(c) when the use of the definitive allocation is higher than 75 %, the maximum additional allocation shall not be
capped.
(1) OJ L 346, 20.12.2013, p. 12.
(2) Commission Implementing Regulation (EU) 2017/39 of 3 November 2016 on 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 of fruit and vegetables, bananas
and milk in educational establishments (OJ L 5, 10.1.2017, p. 1).29.11.2019 E N O f f i c i a l J o u r n a l o f t h e E u r o p e a n Union L 308/83
The calculation described in the first subparagraph shall not apply for Member States newly applying the school scheme
or one of its components during the first two years of implementation.
_____________
(*) Commission Implementing Regulation (EU) No 908/2014 of 6 August 2014 laying down rules for the application
of Regulation (EU) No 1306/2013 of the European Parliament and of the Council with regard to paying agencies
and other bodies, financial management, clearance of accounts, rules on checks, securities and transparency (OJ
L 255, 28.8.2014, p. 59).’
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.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 28 November 2019.
For the Commission
The President
Jean-Claude JUNCKER