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School fruit scheme 2016

Original Language Title: Regeling schoolfruit 2016

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Arrangement of the State Secretary for Economic Affairs of 21 June 2016, No WJZ/16030 359, laying down rules on school fruit (Scheme for School Fruit 2016)

The Secretary of State for Economic Affairs,

Having regard to:

Regulation (EU) No The European Parliament and the Council of 17 December 2013 on the establishment of a common organisation of the markets in agricultural products and repealing the Commission Regulations (EEC) No 1418/EEC 922/72 , (EEC) No 234/79 , (EC) No 1037/2001 and (EC) No 0 of the Council (PbEU 2013, L 347);

Delegated Regulation (EU) No Commission Decision of 17 December 2015 supplementing Regulation (EU) No 324/2 of the EC Treaty 1308/2013 of the European Parliament and of the Council, concerning Union aid for the supply and distribution of fruit and vegetables, processed fruit and vegetables and banana products under the School Fruit and School Vegetables Scheme (PbEU 2016, L 46);

Implementing Regulation (EU) No Commission Decision of 17 December 2015 laying down detailed rules for the application of Regulation (EU) No 148/ 248 of 17 December 2015 on the Concerning Union aid for the supply and distribution of fruit and vegetables, processed fruit and vegetables and banana products under the School Fruit and School Vegetables scheme, and to the Council, the Commission shall, in particular, be establishment of indicative allocation of such aid (PbEU 2016, L 46), and Article 19, first paragraph, of the Agricultural Act ;

Decision:

Chapter 1. Definitions

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Article 1

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For the purposes of this arrangement:

  • - accompanying measures: measures referred to in Article 23, first paragraph, point (b) and second sentence of the second paragraph, of Regulation ;

  • - vendor: the person supplying the products to the schools and applying for support for this;

  • - Minister: Minister for Economic Affairs;

  • - National strategy: annual strategy adopted annually by the Minister as referred to in Article 23, second paragraph, of Regulation ;

  • - products: products referred to in Annex I, parts IX (fruit and vegetables) and XI (bananas) of Regulation ;

  • - School Fruit Scheme: the promotion of fruit and vegetable consumption in children and the contribution to healthy eating habits through the free provision of products to schools by approved suppliers for a given period;

  • - Regulation No 1308/2013 Regulation (EU) No The European Parliament and the Council of 17 December 2013 on the establishment of a common organisation of the markets in agricultural products and repealing the Commission Regulations (EEC) No 1418/EEC 922/72 , (EEC) No 234/79 , (EC) No 1037/2001 and (EC) No 0 of the Council (PbEU 2013, L 347);

  • - Regulation 1370/2013: Regulation (EU) No Council Regulation (EC) No 1370/2013 of 16 December 2013 laying down measures for the adoption of aid and refunds in the framework of the common organisation of the markets in agricultural products (PbEU 2013, L 346);

  • - Regulation 2016/247: Delegated Regulation (EU) No 2016/247

from the Commission of 17 December 2015 supplementing Regulation (EU) No 1308/2013 of the European Parliament and of the Council, concerning Union aid for the supply and distribution of fruit and vegetables, processed fruit and vegetables and banana products under the School Fruit and School Vegetables Scheme (PbEU 2016, L 46);

  • - Regulation 2016/248: Implementing Regulation (EU) No Commission Decision of 17 December 2015 laying down detailed rules for the application of Regulation (EU) No 148/ 248 of 17 December 2015 on the Concerning Union aid for the supply and distribution of fruit and vegetables, processed fruit and vegetables and banana products under the School Fruit and School Vegetables scheme, and to the Council, the Commission shall, in particular, be establishment of indicative allocation of such aid (PbEU 2016, L 46).

Chapter 2. Recognition of suppliers

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Article 2

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  • 1 The Minister shall, upon request, grant to eight suppliers, in order to submit a complete application for the period of one school year, a recognition if the supplier:

    • a. satisfies the conditions laid down in Article 6 of Regulation 2016/247 ,

    • b. being able to deliver products nationwide,

    • c. is capable of belting at least 200 schools,

    • d. declare that he is aware of, and agree to, a lump sum of EUR 17.25 per serving product;

    • (e) hereby certify that all cooperation is to be provided under Article 8 of Regulation 2016/248 on-the-spot checks to be carried out; and

    • f. agrees to deal with belting the schools to be allocated by the Minister during the periods of delivery as intended in Article 9, second paragraph .

  • 2 A request for recognition as referred to in paragraph 1 shall be filed between 22 August 2016, 9 a.m. and 2 September 2016, 24.00 hours.

  • 3 A request for recognition as referred to in the first paragraph shall include:

    • a. A fully completed means of appeal made by the Minister;

    • b. a recent extract from the Commercial Register of the Chamber of Commerce.


Article 3

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  • 1 The Minister shall suspend recognition or withdraw recognition in accordance with Article 7 of Regulation 2016/247 when a supplier no longer meets the conditions.

  • 2 A supplier who makes known during a school year that he is disregarding of supplying school fruit loses by that declaration the recognition for the remaining part of the school year and cannot apply as intended Article 2, first paragraph , submit for the next school year.

  • 3 The Minister shall keep a public register of approved suppliers.

Chapter 3. Participating schools

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Article 4

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  • 1 A school wishing to participate in the School Fruit Scheme reports to the Minister from 5 to 16 September 2016.

  • 2 The Minister shall decide on the completion of the period of inclusion of schools participating in the School Fruit Scheme if the number of available applications exceeds the number of places available, taking into account the number of places available for fruit supply. part of the budget available to the Netherlands under Article 5, second paragraph, of Regulation 1370/2013 .

  • 3 A school that is awarded in school year 2015/2016 is prioriously placed upon notification in the school year 2016/2017.

  • 4 The Secretary of State shall determine, in proportion to the number of schools to be belted in the request for recognition, how many and which schools are allocated to the approved suppliers.

  • 5 A school which, after admission to participation, makes known during a school year that he disregarding participation in the School Fruit Scheme may not submit a notification as referred to in the first paragraph for the subsequent school year.


Article 5

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Participating schools:

  • a. Ensure that the products delivered are stored in such a way that the quality is preserved;

  • b. Ensure that the products are distributed to and consumed by all learners in school;

  • c. designate an employee responsible for coordinating the distribution of free fruit and vegetables;

  • d. Take off the educational material;

  • e. bring an EU School Fruit Poster as referred to in Article 10 of Regulation 2016/247 visible at the main entrance of the school;

  • f. agree to receive a digital newsletter;

  • g. have an effort obligation to participate in accompanying measures and carry out additional activities, focused on the purpose of the School Fruit Scheme;

  • h. fill in the declaration of receipt indicating the days on which the quantity of products is delivered;

  • (i) cooperate in checks under this scheme; and

  • j. take part in monitoring and evaluations.


Article 6

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  • 1 A recognized supplier and a participating school shall conclude an agreement, which shall at least include:

    • a. the periods of delivery;

    • b. The delivery dates;

    • c. the number of pupils for which products are delivered; and

    • d. the quantities of products to be supplied.

  • 2 The agreement signed by both parties shall be submitted to the Minister by 4 November 2016.

  • 3 The school can change the number of pupils referred to in the first paragraph, part c, during the period of delivery by up to 5% for the next period of delivery based on the actual mutations of the school. For the first period of delivery, a change may be passed until 1 December 2016.

Chapter 4. Grant

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Article 7

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  • 1 Products are eligible if they:

    • a. being of quality class I;

    • b. are fresh and unprocessed;

    • c. are suitable for direct consumption;

    • d. No added sugar, added artificial sweeteners, added fat and added salt.

  • 2 Products are eligible if the portions provided:

    • a. Containing at least 10% vegetables;

    • b. Containing no more than 30% of the same fruit; and

    • c. have a minimum average weight of 80 grams per serving, or, when three portions of fruit or vegetable a week are delivered, a minimum weight per week of 240 grams.

  • 3 For schools in secondary education, the second paragraph, parts a and b may be derogated from.


Article 8

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An approved supplier shall receive aid amounting to 17.25 euro cents per serving of products supplied.

Chapter 5. Aid application

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Article 9

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  • 1 A recognized supplier shall request the Minister, in three instalments, for payment of aid for the period in which he has carried out eligible activities for the benefit of a participating school as referred to in Article 1 (2). Article 5 .

  • 2 Aid applications from approved suppliers shall be submitted per period of delivery, with the first period beginning in 2016 starting at week 45. The periods of delivery are:

    a.

    Period 1 (2016):

    Week 45 to 51 (7 weeks)

    b.

    Period 2 (2017):

    Week 2 to 9 (8 weeks of which 1 week holiday)

    c.

    Period 3 (2017):

    Week 10 to 15 (6 weeks)

  • 3 The aid application shall be submitted no later than the last day of the third month following the relevant period of delivery.

  • 4 The aid application shall include:

    • a. A fully completed means of appeal made by the Minister;

    • b. the agreement referred to in Article 6 ;

    • c. Specified reception confirmations of the belting schools;

    • d. invoices on which the price of products delivered is specified; and

    • e. proof of payment of the under d. said invoices.

  • 5 The supplier shall, for the purpose of on-the-spot checks, provide documentary evidence in his records showing that all eligible costs have been paid prior to the application of the aid application.


Article 10

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  • 2 The Minister shall recover the aid if it has been taken out in accordance with Articles 7 and 8 of Regulation 2016/248 the said checks indicate that the conditions of the aid referred to in paragraph 1 have not been complied with.


Article 11

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Article 12

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This arrangement shall enter into force from the day following the date of issuance of the Official Journal in which it is placed.


Article 13

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This scheme is cited as: School fruit scheme 2016.

This arrangement will be set out in the Official Journal.

' s-Gravenhage, 21 June 2016

The

State Secretary

of Economic Affairs,

M.H.P. van Dam