Date: 2020-12-14Category: Not ApplicableState: Union GovernmentCountry: Europe
Commission Implementing Regulation (EU) 2020/2043 of 11 December 2020 derogating from Implementing Regulation (EU) 2017/39 in respect of school years 2019/2020 and 2020/2021 as regards on-the-spot checks on the premises of aid applicants or educational establishments for the purposes of the school scheme
Issued by European Commission
· Directorate-General for Agriculture and Rural Development
Executive Summary:
Commission Implementing Regulation (EU) 2020/2043 derogates from Implementing Regulation (EU) 2017/39 regarding on-the-spot checks within the school scheme due to the COVID-19 pandemic. It allows Member States to conduct remote checks for school years 2019/2020 and 2020/2021 if on-site checks are not feasible. The regulation came into force on December 14, 2020.
Key Points / Main Content:
* **Derogation from On-the-Spot Check Requirements:**
* Member States unable to perform on-the-spot checks on aid applicants or educational establishments for school years 2019/2020 and 2020/2021 due to COVID-19 measures may conduct these checks remotely. This is a derogation from Article 103 of Implementing Regulation (EU) 2017/39.
* **Reporting Requirements for Remote Checks:**
* If on-the-spot checks are conducted remotely, the competent control authority must include a justification for the derogation and report on its use in the control report. This is a derogation from Article 106 of Implementing Regulation (EU) 2017/39.
Impact Analysis:
* **Member States:**
* Impact: Granted flexibility in conducting on-the-spot checks for the school scheme during the COVID-19 pandemic. Responsible for justifying and reporting the use of remote checks.
* Action Required: Decide whether to implement remote checks, justify the need for derogation in control reports, and report on the use of remote checks.
* **Aid Applicants and Educational Establishments:**
* Impact: May be subject to remote on-the-spot checks instead of physical visits.
* Action Required: Prepare for the possibility of remote checks (e.g., via videoconference) and cooperate with the competent control authority during these checks.
* **European Commission:**
* Impact: Oversees the implementation of the derogation and receives reports on its use from Member States.
* Action Required: Monitor the application of this regulation and assess the reports from Member States.
Key Entities Referenced
European Union: A political and economic union of member states located primarily in Europe.
European Commission: An institution of the European Union, responsible for proposing legislation, implementing decisions, upholding the EU treaties and managing the day-to-day business of the EU.
Regulation (EU) No 1306/2013: Regulation of the European Parliament and of the Council on the financing, management and monitoring of the common agricultural policy.
Regulation (EU) No 1308/2013: Regulation of the European Parliament and of the Council establishing a common organisation of the markets in agricultural products.
Commission Implementing Regulation (EU) 2017/39: Commission Implementing Regulation on rules for the application of Regulation (EU) No 1308/2013 with regard to Union aid for the supply of fruit and vegetables, bananas and milk in educational establishments.
Commission Delegated Regulation (EU) 2017/40: Commission Delegated Regulation supplementing Regulation (EU) No 1308/2013 with regard to Union aid for the supply of fruit and vegetables, bananas and milk in educational establishments.
COVID-19 pandemic: The global pandemic of coronavirus disease 2019.
Brussels: The capital of Belgium and a major center for European Union politics.
14.12.2020 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 420/11
COMMISSION IMPLEMENTING REGULATION (EU) 2020/2043
of 11 December 2020
derogating from Implementing Regulation (EU) 2017/39 in respect of school years 2019/2020
and 2020/2021 as regards on-the-spot checks on the premises of aid applicants or educational
establishments for the purposes of the school scheme
THE EUROPEAN COMMISSION,
Having regard to the Treaty on the Functioning of the European Union,
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 485/2008(1), and in
particular points (a), (b) and (c) of the first subparagraph of Article 62(2) thereof,
Whereas:
(1) Article 10(3) of Commission Implementing Regulation (EU) 2017/39(2) lays down the minimum percentage of the
on-the-spot checks to be carried out on the premises of aid applicants dealing with the supply and distribution of
products and with accompanying educational measures in the framework of the scheme referred to in Article 23 of
Regulation (EU) No 1308/2013 of the European Parliament and of the Council(3) (the ‘school scheme’). The fourth
subparagraph of Article 10(3) of Implementing Regulation (EU) 2017/39 provides that, where the aid applicant is
not an educational establishment, the on-the-spot check carried out on the premises of the applicant is to be
supplemented by on-the-spot checks on the premises of at least two educational establishments or at least 1 % of
the educational establishments recorded by the applicant in accordance with Article 6 of Commission Delegated
Regulation (EU) 2017/40(4), whichever is the greater.
(2) Due to the measures put in place to address the COVID-19 pandemic, Member States may encounter difficulties with
the planning and execution of timely on-the-spot checks on the premises of aid applicants or educational
establishments in school years 2019/2020 and 2020/2021. Therefore, it is appropriate to provide that where
Member States are not in a position to carry out those on-the-spot checks as required by Article 10(3) of
Implementing Regulation (EU) 2017/39, they may decide to carry such on-the-spot checks remotely, for instance
via videoconferences.
(3) Article 10(6) of Implementing Regulation (EU) 2017/39 lays down the rules and methods applicable to the reporting
of the checks and their results. In order to ensure transparency, Member States should justify the need for the
derogation provided for in this Regulation and report on its use in the control report to be drawn up for each
on-the-spot check carried out remotely.
(4) It is therefore appropriate to derogate from certain provisions of Implementing Regulation (EU) 2017/39 in respect
of school years 2019/2020 and 2020/2021.
(5) The measures provided for in this Regulation are in accordance with the opinion of the Committee for the Common
Organisation of the Agricultural Markets,
(1) OJ L 347, 20.12.2013, p. 549.
(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).
(3) 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).
(4) 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).L 420/12 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 14.12.2020
HAS ADOPTED THIS REGULATION:
Article 1
1. By way of derogation from the second to the fifth subparagraphs of Article 10(3) of Implementing Regulation (EU)
2017/39, where due to the measures put in place to address the COVID-19 pandemic Member States are not in a position
to carry out on-the-spot checks on the premises of aid applicants or educational establishments in respect of school years
2019/2020 and 2020/2021, those checks may be carried out remotely.
2. By way of derogation from Article 10(6) of Implementing Regulation (EU) 2017/39, where the on-the-spot checks are
carried out remotely in accordance with paragraph 1 of this Article, the competent control authority shall also include a
justification on the need for such derogation and report on its use in the control report.
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, 11 December 2020.
For the Commission
The President
Ursula VON DER LEYEN