
Article 1 
Regulation (EC) No 288/2009 is amended as follows:

((1)) Article 4 is amended as follows:

((a)) paragraph 1 is replaced by the following:
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1. Member States setting up a School Fruit Scheme may apply for the aid referred to in Article 103ga of Regulation (EC) No 1234/2007 for one or more periods running from 1 August to 31 July, by notifying the Commission of their strategy by 31 January of the year in which the first period starts.The strategy shall be accompanied by an aid application which shall contain the following information:
(a) indicative allocation of aid referred to in paragraph 3 and set out in Annex II to this Regulation, expressed in EUR;
(b) capacity to use more than the indicative allocation referred to in paragraph 3 and set out in Annex II;
(c) where no capacity to use additional funds is indicated as provided for under point (b), the allocation requested, expressed in EUR, must be specified;
(d) where a capacity to use additional funds is indicated as provided for under point (b), maximum additional allocation requested, expressed in EUR, must be specified;
(e) total budget requested.The aid application shall be submitted in accordance with Commission Regulation (EC) No 792/2009.';
((b)) in paragraph 4, the second subparagraph is replaced by the following:
'The reallocation of Union aid referred to in the first subparagraph shall be implemented in proportion to the initial indicative allocation set out in Annex II but within the limits fixed in paragraph 5. However, the limits fixed in paragraph 5 shall not apply during the first two school years of application of the scheme by a Member State.';
((c)) the following paragraph 5 is added:
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5. The reallocation shall be limited by the level of execution of the allocation for the school year having ended prior to the aid application, as established on 15 October of the following school year. This shall be established on the basis of the declarations of expenditure sent to the Commission in accordance with Article 4 of Commission Regulation (EC) No 883/2006. The limits shall be as follows:
(a) when the execution of the allocation is below or equal to 50 % of the final allocation, no additional allocation shall be granted;
(b) when the execution of the allocation is higher than 50 % but lower or equal to 75 % of the final allocation, the maximum additional allocation shall be capped at 50 % of the indicative allocation;
(c) when the execution of the allocation is higher than 75 % of the final allocation, the maximum additional allocation shall not be capped.';
((2)) in Article 10(1), point (c) is replaced by the following:
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((c)) the number of children in regular attendance in the respective educational establishments entitled to receive the products covered by the Member State’s School Fruit Scheme during the period covered by the aid application;';
((3)) in Article 12(2), the first sentence is replaced by the following:
‘Member States shall evaluate the implementation of their School Fruit Scheme and assess its effectiveness, including its impact on children’s eating habits.’;
((4)) Article 15 is replaced by the following:
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Article 15 

1. Member States shall notify the Commission, by 30 November of the year in which the period mentioned in Article 4(1) ends, of:
(a) the results of the monitoring exercise, as provided for in Article 12(1);
(b) the on-the-spot checks carried out pursuant to Articles 13 and 16 and the related findings.
2. Where a Member State changes the strategy referred to in Article 3, it shall notify the Commission of its new strategy, at the latest by 31 January of the following year.
3. The notifications referred to in this Regulation shall be made in accordance with Regulation (EC) No 792/2009.
4. The Commission shall publish the Member States’ strategies and the results of their monitoring and evaluation exercise on a regular basis.';
((5)) Annex II is replaced by the text set out in the Annex to this Regulation;
((6)) Annex IIa is deleted.
Article 2 

1. By way of derogation from Article 4(4) of Regulation (EC) No 288/2009 in conjunction with Annex II thereto, for the school year 2013/14, the Commission shall decide on the definitive allocation of the Union aid as referred to in the third subparagraph of Article 4(4) taking due account of any advance information submitted, in view of and subject to the entry into force of the Treaty of Accession of Croatia, by Croatia of its strategy and aid application where such information is provided on a voluntary basis by 31 January.
2. By way of derogation from Article 4(1) of Regulation (EC) No 288/2009, for the school year 2013/14, Croatia will notify its strategy and aid by 10 July 2013 and, by way of derogation from Article 4(4) of that Regulation, the Commission shall decide on the definitive allocation of aid for Croatia by 31 July 2013.
Article 3 
This Regulation shall enter into force on the seventh day following that of its publication in the Official Journal of the European Union.
Articles 1(5) and 2(2) shall enter into force subject to and on the date of the entry into force of the Treaty of Accession of Croatia.
This Regulation shall be binding in its entirety and directly applicable in all Member States.Done at Brussels, 17 January 2013.
For the Commission
The President
José Manuel BARROSO
ANNEX


ANNEX II 
Member State Co-financing rate(in %) Children 6-10abs. numbers EUR
Austria 50 439 035 1 303 700
Belgium 50 592 936 1 760 700
Bulgaria 75 320 634 1 428 200
Croatia 75 249 197 1 110 000
Cyprus 50 49 723 175 000
Czech Republic 73 454 532 1 963 100
Denmark 50 343 807 1 020 900
Estonia 75 62 570 278 700
Finland 50 299 866 890 500
France 51 3 838 940 11 632 700
Germany 52 3 972 476 12 333 000
Greece 59 521 233 1 837 700
Hungary 69 503 542 2 051 800
Ireland 50 282 388 838 500
Italy 58 2 710 492 9 403 100
Latvia 75 99 689 444 100
Lithuania 75 191 033 850 900
Luxembourg 50 29 277 175 000
Malta 75 24 355 175 000
Netherlands 50 985 163 2 925 400
Poland 75 2 044 899 9 108 500
Portugal 68 539 685 2 172 300
Romania 75 1 107 350 4 932 400
Slovakia 73 290 990 1 260 700
Slovenia 75 93 042 414 400
Spain 59 2 006 143 7 073 400
Sweden 50 481 389 1 429 500
United Kingdom 51 3 635 300 11 010 800
EU 28 58 26 169 686 90 000 000
