               27.9.2016

               EN

               Official Journal of the European Union

               C 353/82

         P8_TA(2015)0216
   Aid scheme for the supply of fruit and vegetables, bananas and milk in the educational establishments (Decision on the opening of interinstitutional negotiations)
   European Parliament decision of 27 May 2015 on the opening of, and mandate for, interinstitutional negotiations on the proposal for a regulation of the European Parliament and of the Council amending Regulation (EU) No 1308/2013 and Regulation (EU) No 1306/2013 as regards the aid scheme for the supply of fruit and vegetables, bananas and milk in the educational establishments (COM(2014)0032 — C8-0025/2014 — 2014/0014(COD))
   (2016/C 353/15)

      The European Parliament,

               —

               having regard to the proposal of the Committee on Agriculture and Rural Development,

               —

               having regard to Rule 73(2) and Rule 74 of its Rules of Procedure,

         decides to open interinstitutional negotiations on the basis of the following mandate:

      MANDATE

      Amendment 1

      Proposal for a regulation

      Recital 2

                  Text proposed by the Commission

                  Amendment

                           (2)

                           The experience gained with the application of the current schemes, together with the conclusions of the external evaluations
                                 and
                               subsequent analysis of different policy options, point to the conclusion that the
                                 rationale which led to the establishment
                               of the two school schemes is
                                 still relevant
                              . In the current context of declining consumption of fruit and vegetables including bananas and milk products,
                                 exacerbated by amongst other things
                              ,
                                 the modern trend towards the
                               consumption
                                 of
                               highly processed foods which, additionally, are often high in added sugars, salt
                                 and
                               fat, the Union aid to finance the supply to children in educational establishments of selected agricultural products should
                                 therefore continue to exist
                              .

                           (2)

                           The experience gained with the application of the current schemes, together with the conclusions of the external evaluations, subsequent analysis of different policy options
                                 and the social difficulties faced by Member States
                              , point to the conclusion that the
                                 continuation and strengthening
                               of the two school schemes is
                                 of the utmost importance
                              . In the current context of declining consumption of
                                 fresh
                               fruit and vegetables including bananas and milk products,
                                 especially among children
                              ,
                                 and of an increasing incidence of child obesity as a result of
                               consumption
                                 habits geared to
                               highly processed foods which, additionally, are often high in added sugars, salt, fat
                                 and/or additives
                              , the Union aid to finance the supply to children in educational establishments of selected agricultural products should
                                 do more to promote healthy eating habits and the consumption of local products
                              .

      Justification

      AGRI Compromise Amendment 6. This compromise emphasises the importance of the school schemes, as well as the reasons why it should continue and be reinforced. Furthermore, following the Commission's decision to revaluate the proposal, it is important that the Parliament adopts a strong position in favour of the continuation of the schemes.

      Amendment 2

      Proposal for a regulation

      Recital 3

                  Text proposed by the Commission

                  Amendment

                           (3)

                           The analysis of different policy options points out that a unified approach under a common legal and financial framework is more appropriate and effective in meeting the specific objectives that the Common Agricultural Policy is pursuing through school schemes. This would allow Member States to maximise the impact of distribution within a constant budget and increase
                                 the
                               management efficiency. However, in order to take into account the differences between the fruit and vegetables including bananas and milk products and their supply chains, certain elements should remain separate, such as the respective budgetary envelopes. In light of the experience with the current schemes,
                                 the
                               participation in the scheme should continue to be voluntary for Member States. Taking into the account the different consumption situations across Member States, the possibility should be given to participating Member States to choose whether they want to distribute all or just one of the products eligible for the supply to children in educational establishments.

                           (3)

                           The analysis of different policy options points out that a unified approach under a common legal and financial framework is more appropriate and effective in meeting the specific objectives that the Common Agricultural Policy is pursuing through school schemes. This would allow Member States to maximise the impact of distribution within a constant budget and increase management efficiency. However, in order to take into account the differences between the fruit and vegetables including bananas and milk products and their supply chains, certain elements should remain separate, such as the respective budgetary envelopes. In light of the experience with the current schemes, participation in the scheme should continue to be voluntary for Member States. Taking into the account the different consumption situations across Member States, the possibility should be given to participating Member States to choose
                                 , in agreement with the interested regions,
                               whether they want to distribute all or just one of the products eligible for the supply to children in educational establishments.
                                 Member States could also consider introducing targeted measures in order to address declining milk consumption among adolescents.

      Amendment 3

      Proposal for a regulation

      Recital 4

                  Text proposed by the Commission

                  Amendment

                           (4)

                           A trend of declining consumption in particular of fresh fruit and vegetables including bananas and drinking milk has been identified. It is therefore appropriate to focus the distribution under the school schemes on these products. This would in turn also help reduce the organisational burden for schools, increase the impact of the distribution within a limited budget and would be in line with the current practice, as these products are most frequently distributed.

                           (4)

                           A trend of declining consumption in particular of fresh fruit and vegetables including bananas and drinking milk has been identified. It is therefore appropriate to focus the distribution under the school schemes on these products
                                 as a priority
                              . This would in turn also help reduce the organisational burden for schools
                                 and
                               increase the impact of the distribution within a limited budget and would be in line with the current practice, as these products are most frequently distributed.
                                 However, in order to follow nutritional recommendations on calcium absorption, and given the increase in problems associated with intolerance of lactose in milk, Member States should be allowed to distribute other milk products, such as yoghurt and cheese, which have uncontested beneficial effects on children's health. Furthermore, efforts should be made to ensure the distribution of local and regional products.

      Justification

      AGRI Compromise Amendment 1 — part 3.

      Amendment 4

      Proposal for a regulation

      Recital 5

                  Text proposed by the Commission

                  Amendment

                           (5)

                           Educational measures that support the distribution are necessary in order to make the scheme effective in reaching its short- and long-term objectives of increasing the consumption of selected agricultural products and shaping healthier diets. Considering their importance, these measures should support both
                                 the
                               fruit and vegetables including bananas and milk
                                 distribution
                              . They should be eligible for the Union aid. As
                                 supporting
                               measures they represent a critical tool to reconnect children with agriculture and
                                 its different
                               products and to meet the objectives that the scheme is pursuing, Member States should be allowed to include a wider variety of agricultural products
                                 into their thematic measures
                              . However, so as to promote healthy eating habits, the national
                                 health
                               authorities should be involved in this process and approve the list of these products, as well as the two groups of products eligible for the distribution, and decide on their nutritional aspects.

                           (5)

                                 Accompanying
                               educational measures that support the distribution are necessary in order to make the scheme effective in reaching its short- and long-term objectives of increasing the consumption of selected agricultural products and shaping healthier diets. Considering their importance, these measures should support
                                 the distribution of
                               both fruit and vegetables including bananas and milk
                                 and milk products
                              . They should be eligible for the Union aid. As
                                 accompanying educational
                               measures, they represent a critical tool to reconnect children with agriculture and
                                 the variety of Union agricultural
                               products,
                                 particularly those produced in their region, with the help of, for example, nutrition experts and farmers,
                               and to meet the objectives that the scheme is pursuing, Member States should be allowed to include
                                 in their thematic measures
                               a wider variety of agricultural products
                                 , such as processed fruit and vegetables without the addition of sugar, salt, fat or sweeteners, and other local, regional or national specialities, such as honey, table olives, olive oil and dried fruits
                              . However, so as to promote healthy eating habits, the national authorities
                                 responsible for nutrition and/or health
                               should be involved in this process and
                                 should
                               approve the list of these products, as well as the two groups of products eligible for the distribution, and
                                 should
                               decide on their nutritional aspects.

      Justification

      AGRI Compromise Amendment 2 — part 5.

      Amendment 5

      Proposal for a regulation

      Recital 6

                  Text proposed by the Commission

                  Amendment

                           (6)

                           In order to ensure
                                 a
                               sound budgetary management, a fixed ceiling of the Union aid towards the distribution of fruit and vegetables including bananas and milk,
                                 supporting
                               educational measures and related costs should be provided for. This ceiling should reflect the current situation. In light of the experience gained and with a view to
                                 simplify
                               the management, the financing models should be approximated and based on a single approach as regards the level of Union financial contribution. It is therefore appropriate to limit the level of Union aid towards the price of products through a maximum Union aid per
                                 portion
                               both for fruit and vegetables including bananas and milk and abolish the principle of obligatory co-financing for fruit and vegetables including bananas. Considering the price volatility of products in question, the power to adopt certain acts should be delegated to the Commission in respect of measures setting the
                                 levels
                               of the Union aid
                                 towards the price of a portion of products and laying down the definition of a portion
                              .

                           (6)

                           In order to ensure sound budgetary management, a fixed ceiling of the Union aid towards the distribution of fruit and vegetables including bananas and milk,
                                 accompanying
                               educational measures and related costs should be provided for. This ceiling should reflect the current situation. In light of the experience gained and with a view to
                                 simplifying
                               the management, the financing models should be approximated and based on a single approach as regards the level of Union financial contribution. It is therefore appropriate to limit the level of Union aid towards the price of products through a maximum
                                 amount of
                               Union aid per
                                 child and per distribution operation
                               both for fruit and vegetables including bananas and milk and abolish the principle of obligatory co-financing for fruit and vegetables including bananas. Considering the price volatility of
                                 the
                               products in question, the power to adopt certain acts
                                 in accordance with Article 290 of the Treaty on the Functioning of the European Union
                               should be delegated to the Commission in respect of measures setting the
                                 ceiling
                               of the Union aid.

      Amendment 6

      Proposal for a regulation

      Recital 7

                  Text proposed by the Commission

                  Amendment

                           (7)

                           In order to ensure the efficient and targeted use of Union funds, the power to adopt certain acts should be delegated to the Commission in respect of measures fixing the indicative allocations of the Union aid to each Member State and the methods for reallocating aid between Member States on the basis of aid requests received. The indicative allocations should be fixed separately for the fruit and vegetables including bananas and milk in line with the voluntary approach to distribution. The allocation key for fruit and vegetables including bananas should reflect the current allocations by Member States, based on the objective criteria of the number of children in the age group of six- to ten-year olds as a proportion of the population, taking into the account also the development status of regions concerned. In order to allow Member States to maintain the scale of their current programmes and with a view
                                 of
                               encouraging others to take up the distribution of milk, it is appropriate to use the combination of
                                 two
                               keys for the allocation of the funds for milk, namely the historical use of funds by Member States under the School Milk Scheme
                                 and
                               the objective criteria of the number of children in the age group of six- to ten-year olds as a proportion of the population used for the fruit and vegetables including bananas. In order to find the right proportion for these
                                 two
                               keys, the power to adopt certain acts should be delegated to the Commission in respect of adopting additional rules concerning the balance between the
                                 two
                               criteria. Furthermore, considering the recurrent changes in the demographic or development situation of regions in Member States, the power to adopt certain acts should be delegated to the Commission in respect of assessing every three years whether the Member States' allocations, based on those criteria, are still up to date.

                           (7)

                           In order to ensure the efficient and targeted use of Union funds, the power to adopt certain acts
                                 in accordance with Article 290 of the Treaty on the Functioning of the European Union
                               should be delegated to the Commission in respect of measures fixing the indicative allocations of the Union aid to each Member State and the methods for reallocating aid between Member States on the basis of aid requests received. The indicative allocations should be fixed separately for the fruit and vegetables including bananas and milk in line with the voluntary approach to distribution. The allocation key for fruit and vegetables including bananas should reflect the current allocations by Member States, based on the objective criteria of the number of children in the age group of six- to ten-year olds as a proportion of the population, taking into the account also the development status of regions concerned. In order to allow Member States to maintain the scale of their current programmes and with a view
                                 to
                               encouraging others to take up the distribution of milk, it is appropriate to use the combination of
                                 four
                               keys for the allocation of the funds for milk, namely the historical use of funds by Member States under the School Milk Scheme
                                 , except in the case of Croatia, for which a specific fixed amount is to be determined on the basis of this Regulation,
                               the objective criteria of the number of children in the age group of six- to ten-year-olds as a proportion of the population used for the fruit and vegetables including bananas
                                 , the degree of development of the regions within a Member State and the setting-up of a minimum level of spending of the Union aid per child and per year
                              . In order to find the right proportion for these
                                 four
                               keys, the power to adopt certain acts should be delegated to the Commission in respect of adopting additional rules concerning the balance between the
                                 four
                               criteria. Furthermore, considering the recurrent changes in the demographic or development situation of regions in Member States, the power to adopt certain acts
                                 in accordance with Article 290 of the Treaty on the Functioning of the European Union
                               should be delegated to the Commission in respect of assessing every three years whether the Member States' allocations, based on those criteria, are still up to date.
                                 An increase of 5 % should be applied to the Union aid in the implementation of this scheme in outermost regions, in view of their limited agricultural diversification and the frequent impossibility of finding certain products in the region concerned, which involves higher transport and storage costs.

      Justification

      AGRI Compromise Amendment 4 — part 3.

      Amendment 7

      Proposal for a regulation

      Recital 8

                  Text proposed by the Commission

                  Amendment

                           (8)

                           In order to allow the Member States with a limited demographic size to implement a cost effective scheme, the power to adopt certain acts should be delegated to the Commission in respect of setting the minimum amount of the Union aid that Member States are entitled to receive for fruit and vegetables including bananas and milk.

                           (8)

                           In order to allow the Member States with a limited demographic size to implement a cost-effective scheme, the power to adopt certain acts
                                 in accordance with Article 290 of the Treaty on the Functioning of the European Union
                               should be delegated to the Commission in respect of setting the minimum amount of the Union aid that Member States are entitled to receive for fruit and vegetables including bananas
                                 , milk
                               and milk
                                 products
                              .

      Amendment 8

      Proposal for a regulation

      Recital 9

                  Text proposed by the Commission

                  Amendment

                           (9)

                           In the
                                 interest
                               of sound administration and budget management, Member States wishing to participate in the distribution of fruit and vegetables including bananas and/or milk should apply every year for the Union aid. With a view
                                 of
                               simplifying the procedures and management,
                                 this application
                               should be
                                 done
                               on the basis of separate aid requests. Following the requests of the Member States, the Commission should decide on the definitive allocations for fruit and vegetables including bananas
                                 and
                               milk within the appropriations available in the budget and after taking into account limited transfers between their allocations, which encourage
                                 prioritising
                               of distribution based on
                                 the
                               nutritional needs, The power to adopt certain acts should be delegated to the Commission in respect of the measures setting the conditions and the limits concerning
                                 these
                               transfers.

                           (9)

                           In the
                                 interests
                               of sound administration and budget management, Member States wishing to participate in the distribution of fruit and vegetables including bananas and/or milk
                                 and milk products
                               should apply every year for the Union aid. With a view
                                 to
                               simplifying the procedures and management,
                                 such applications
                               should be
                                 made
                               on the basis of separate aid requests. Following
                                 receipt of
                               the requests of the Member States, the Commission should decide on the definitive allocations for fruit and vegetables including bananas
                                 and/or
                               milk
                                 and milk products
                               within the appropriations available in the budget and after taking into account limited transfers between their allocations, which encourage
                                 the prioritisation
                               of distribution based on nutritional needs. The power to adopt certain acts
                                 in accordance with Article 290 of the Treaty on the Functioning of the European Union
                               should be delegated to the Commission in respect of the measures setting the conditions and the limits concerning
                                 those
                               transfers.

      Amendment 9

      Proposal for a regulation

      Recital 9 a (new)

                  Text proposed by the Commission

                  Amendment

                                 (9a)

                                 In order to simplify the administrative and organisational procedures for the schools taking part in the two programmes, the power to adopt certain acts should be delegated to the Commission, in accordance with Article 290 of the Treaty on the Functioning of the European Union, in respect of the introduction of single procedures for schools’ applications to participate and for monitoring.

      Justification

      It is important to reduce red tape which deters schools from participating, especially so that schools seeking to participate in both programmes should not be obliged to fill out two separate sets of forms or be subject to a variety of monitoring procedures.

      Amendments 10 and 57

      Proposal for a regulation

      Recital 10

                  Text proposed by the Commission

                  Amendment

                           (10)

                           The national strategy should be considered as the condition for
                                 the
                               Member State's participation in the scheme
                                 and
                               as a strategic
                                 multiannual
                               document, setting out targets to be achieved by
                                 Member States
                               and
                                 their
                               priorities. Member States should be allowed to update them regularly, in particular in light of the evaluations and reassessment of priorities or targets.

                           (10)

                           The national strategy should be considered as a condition for
                                 a
                               Member State’s participation in the scheme
                                 . Members States wishing to participate should be required to present
                               a strategic document
                                 covering a period of six years
                              ,
                                 quantifying the existing problem and
                               setting out targets to be achieved by
                                 them, methodologies in line with the problem presented
                               and
                                 respective
                               priorities. Member States should be allowed to update them regularly, in particular in light of the evaluations and reassessment of priorities or targets
                                 and of the success of their programmes
                              .
                                 When Member States update their national strategy, they should be required to formally consult with stakeholders within their Member State.

      Amendment 11

      Proposal for a regulation

      Recital 11 a (new)

                  Text proposed by the Commission

                  Amendment

                                 (11a)

                                 In order to raise the profile of the scheme among those who benefit from it throughout the Union, it should be given a single identity and a Union logo, for compulsory use on posters relating to schools’ participation and in information materials made available to pupils under the accompanying educational measures. The Commission should therefore be empowered to adopt delegated acts in accordance with Article 290 of the Treaty on the Functioning of the European Union in order to establish specific criteria in respect of presentation, content, size and the display of the shared identity and the Union logo.

      Justification

      Amendment in line with AGRI compromise 5.

      Amendment 12

      Proposal for a regulation

      Recital 12

                  Text proposed by the Commission

                  Amendment

                           (12)

                           In order to ensure that the price of products provided to children under the scheme fully reflects the amount of the aid provided and that subsidised products are not deflected from their intended use, the power to adopt certain acts should be delegated to the Commission in respect of establishment of price monitoring under the scheme.

                           (12)

                           In order to ensure that the price of products provided to children under the scheme fully reflects the amount of the aid provided and that subsidised products are not deflected from their intended use, the power to adopt certain acts
                                 in accordance with Article 290 of the Treaty on the Functioning of the European Union
                               should be delegated to the Commission in respect of establishment of price monitoring under the scheme.
                                 Those acts should not discourage the Member States from sourcing local produce.

      Justification

      Amendment in line with AGRI compromise 5.

      Amendment 13

      Proposal for a regulation

      Recital 12 a (new)

                  Text proposed by the Commission

                  Amendment

                                 (12a)

                                 In order to verify the effectiveness of the programmes in the Member States, financing should be provided for initiatives to monitor and evaluate the results achieved, with particular attention being paid to medium-term changes in consumption.

      Amendment 14

      Proposal for a regulation

      Recital 13 a (new)

                  Text proposed by the Commission

                  Amendment

                                 (13a)

                                 This Regulation should not interfere with the division of regional or local competences within the Member States, including regional and local self-government.

      Amendment 15

      Proposal for a regulation

      Article 1 — paragraph 1 — point 3

   Regulation (EU) No 1308/2013
   Article 23 — title

                  Text proposed by the Commission

                  Amendment

               Aid for the supply of fruit and vegetables, bananas
                     and
                   milk,
                     supporting
                   educational measures and related costs

               Aid for the supply of fruit and vegetables, bananas, milk
                     and certain milk products, accompanying
                   educational measures and related costs

      Justification

      AGRI Compromise Amendment 1 — part 1.

      Amendment 16

      Proposal for a regulation

      Article 1 — paragraph 1 — point 3

   Regulation (EU) No 1308/2013
   Article 23 — paragraph 1 — point a

                  Text proposed by the Commission

                  Amendment

                           (a)

                           for the supply of fruit and vegetables, bananas, and milk;

                           (a)

                           for the supply of fruit and vegetables
                                 including
                               bananas, milk
                                 and milk products as referred to in paragraph 2
                              ;

      Justification

      AGRI Compromise Amendment 1 — part 1. This compromise supports the Commission proposal that Member States should still be allowed to distribute fresh products. The formulation ‘fruits and vegetables’ covers fresh and chilled products, ready to eat portions (such as peeled/sliced carrots in small bags) and also allows schools to squeeze the products in order to make fresh juices. It is up to Member States to decide and put in their strategy which (and how) fresh products should be distributed.

      Amendment 17

      Proposal for a regulation

      Article 1 — paragraph 1 — point 3

   Regulation (EU) No 1308/2013
   Article 23 — paragraph 1 — point b

                  Text proposed by the Commission

                  Amendment

                           (b)

                           for
                                 supporting
                               educational measures; and

                           (b)

                           for
                                 accompanying
                               educational measures; and

      Justification

      AGRI Compromise Amendment 2 — part 1. Replacing ‘supporting’ by ‘accompanying’ aims at clarifying that educational measures supported by the EU under the school schemes are not the responsibility of school teachers but of external speakers like nutritionists, farmers etc.

      Amendment 18

      Proposal for a regulation

      Article 1 — paragraph 1 — point 3

   Regulation (EU) No 1308/2013
   Article 23 — paragraph 1 — point c

                  Text proposed by the Commission

                  Amendment

                           (c)

                           to cover
                                 certain
                               related costs linked to logistics and distribution, equipment, publicity, monitoring
                                 and
                               evaluation.

                           (c)

                           to cover related costs linked to logistics and distribution, equipment,
                                 communication and
                               publicity, monitoring, evaluation
                                 and other activities directly linked to the implementation of the scheme
                              .

      Amendment 19

      Proposal for a regulation

      Article 1 — paragraph 1 — point 3

   Regulation (EU) No 1308/2013
   Article 23 — paragraph 2

                  Text proposed by the Commission

                  Amendment

               2.   Member States wishing to participate in the aid scheme established in paragraph 1 (‘the school scheme’) may distribute
                     either
                   fruit and vegetables including bananas
                     or
                   milk falling within CN code 0401
                     , or both
                  .

               2.   Member States wishing to participate in the aid scheme established in paragraph 1 (‘the school scheme’) may distribute:

                                 (a)

                           fruit and vegetables including bananas
                                 and/or

                                 (b)

                           milk
                                 , and milk products of the following categories (‘milk products’):

                                             (i)

                                             milk and cream
                                           falling within CN code 0401;

                                             (ii)

                                             buttermilk, curdled milk, yoghurt, kefir and other fermented or acidified milk and cream falling within CN code 0403, excluding those containing added flavouring or non-lactic materials falling within CN codes 0403 10 51 to 99 and 0403 90 71 to 99;

                                             (iii)

                                             cheese and curd falling within CN code 0406;

                                             (iv)

                                             lactose-free milk consisting of natural milk the composition of which has been changed with respect to its lactose content and not containing other non-lactic matter falling within CN code 0404 90
                                          .

      Justification

      AGRI Compromise Amendment 1 — part 2. The purpose of these schemes is to encourage the consumption of agricultural products and install healthy eating habits. Furthermore, we have concrete arguments to justify that the consumption of drinking milk is falling; cheese and natural yoghurts are second best alternative due to intolerances to lactose.

      Amendment 20

      Proposal for a regulation

      Article 1 — paragraph 1 — point 3

   Regulation (EU) No 1308/2013
   Article 23 — paragraph 3

                  Text proposed by the Commission

                  Amendment

               3.   As a condition for their participation in the school scheme Member States shall draw up, prior to their participation in the school scheme, and subsequently every
                     6
                   years, at national or regional level, a strategy for the implementation of the scheme. The strategy may be amended by a Member State, in particular in the light of monitoring and evaluation. The strategy shall
                     at least
                   identify the needs to be met, the ranking of the needs in terms of priorities, the target population, the results expected and the quantified targets to be attained in relation to the initial situation, and lay down the most appropriate instruments and actions for attaining those objectives.

               3.   As a condition for their participation in the school scheme Member States shall draw up, prior to their participation in the school scheme, and subsequently every
                     six
                   years, at national or regional level, a strategy for the implementation of the scheme. The strategy may be amended by a Member State
                     or by a regional authority
                  , in particular in the light of monitoring and evaluation
                     and of the results achieved, making good use of the Union funds
                  . The strategy shall
                     , as a minimum,
                   identify the needs to be met, the ranking of the needs in terms of priorities, the target population, the results expected and the quantified targets to be attained in relation to the initial situation, and
                     shall
                   lay down the most appropriate instruments and actions for attaining those objectives

      Justification

      Allowing greater scope for sub-national authorities to control the scheme in line with the constitutional distribution of competences within Member States. This amendment also reflects the opinion of the Committee of the Regions.

      Amendment 21

      Proposal for a regulation

      Article 1 — paragraph 1 — point 3

   Regulation (EU) No 1308/2013
   Article 23 — paragraph 4

                  Text proposed by the Commission

                  Amendment

               4.   Member States shall, in order to make the school scheme effective, also provide for the
                     supporting
                   educational measures, which may include measures and activities aimed at connecting children with agriculture and a wider variety of agricultural products,
                     educating
                   about related issues, such as healthy eating habits, combating food waste, local food chains
                     or
                   organic farming.

               4.   Member States shall, in order to make the school scheme effective, also provide for the
                     accompanying
                   educational measures, which may include measures and activities aimed at connecting children with agriculture
                     , such as visits to farms,
                   and
                     the distribution of
                   a wider variety of agricultural products,
                     such as processed fruit and vegetables and other local, regional or national specialities, such as honey, olives and olive oil, and dried fruits. This will contribute to education
                   about related issues, such as healthy eating habits, combating food waste, local food chains, organic farming
                     and sustainable production
                  .

      Justification

      AGRI Compromise Amendment 2 — part 2. Taking into account that educational measures allow for the occasional distribution of other products, the compromise includes here amendments related to local, regional and national specialities such as honey, olives, olive oil and dried fruits.

      Amendment 50

      Proposal for a regulation

      Article 1 — paragraph 1 — point 3

   Regulation (EU) No 1308/2013
   Article 23 — paragraph 5

                  Text proposed by the Commission

                  Amendment

               5.   When drawing up their strategies, Member States shall determine a list of agricultural products, in addition to fruit and vegetables, bananas and milk, that may occasionally be included under the
                     supporting
                   educational measures.

               5.   When drawing up their strategies, Member States shall determine a list of agricultural products, in addition to fruit and vegetables, bananas, and milk
                     and milk products
                  , that may occasionally be included
                     for distribution
                   under the
                     accompanying
                   educational measures.
                     With regard to processed fruit and vegetables, products containing added sugar, added fat, added salt, added sweeteners and/or artificial flavour enhancers (artificial food additive codes E620-E650) shall not be allowed.

      Justification

      Food additives numbered E620-E650 have harmful effects to consumers health if consumed in more significant quantities. Since the programme is aimed at promoting healthy food, allowing additives with dubious health effects would go against its goals.

      Amendment 23

      Proposal for a regulation

      Article 1 — paragraph 1 — point 3

   Regulation (EU) No 1308/2013
   Article 23 — paragraph 6

                  Text proposed by the Commission

                  Amendment

               6.   Member States shall choose the products to be featured in the distribution or to be included in
                     supporting
                   educational measures on the basis of objective criteria which
                     may
                   include
                     the
                   health
                     and
                   environmental considerations, seasonality, variety, or availability of local produce, giving priority
                     to the extent practicable
                   to products originating in the Union, particularly to local purchasing, organic products
                     , short supply chains
                   or environmental benefits.

               6.   Member States shall choose the products to be featured in the distribution or to be included in
                     accompanying
                   educational measures on the basis of objective criteria which
                     shall
                   include health, environmental
                     and ethical
                   considerations, seasonality, variety, or availability of local produce, giving priority to products originating in the Union, particularly to local
                     or regional production and
                   purchasing,
                     short supply chains,
                   organic products or environmental benefits
                     and quality products as designated in Regulation (EU) No 1151/2012
                  .
                     In the case of bananas, fair trade products from third countries may be given priority only when equivalent products originating in the Union are not available.

      Justification

      AGRI Compromise Amendment 3.

      Amendment 24

      Proposal for a regulation

      Article 1 — paragraph 1 — point 3

   Regulation (EU) No 1308/2013
   Article 23 — paragraph 7

                  Text proposed by the Commission

                  Amendment

               7.   Member States shall, in order to promote healthy eating habits, ensure that their
                     competent health authorities endorse
                   the list of
                     all
                   the products supplied under the school scheme and decide on their nutritional aspects.

               7.   Member States shall, in order to promote healthy eating habits,
                     including among children who are lactose-intolerant,
                   ensure that their
                     authorities responsible for nutrition and/or health agree to
                   the list of the products supplied under the school scheme and decide on their nutritional aspects.

      Amendment 25

      Proposal for a regulation

      Article 1 — paragraph 1 — point 4

   Regulation (EU) No 1308/2013
   Article 23 a — paragraph 1 — subparagraph 1 — introductory part

                  Text proposed by the Commission

                  Amendment

               1.   The aid under the school scheme allocated for the distribution of products, the
                     supporting
                   educational measures and the related costs referred to in Article 23(1), and without prejudice to the provisions in paragraph 4, shall not exceed:

               1.   The aid under the school scheme allocated for the distribution of products, the
                     accompanying
                   educational measures and the related costs referred to in Article 23(1), and without prejudice to the provisions in paragraph 4
                     of this Article
                  , shall not exceed:

      Justification

      Amendment in line with AGRI Compromise Amendment 2.

      Amendment 26

      Proposal for a regulation

      Article 1 — paragraph 1 — point 4

   Regulation (EU) No 1308/2013
   Article 23 a — paragraph 1 — subparagraph 1 — point b

                  Text proposed by the Commission

                  Amendment

                           (b)

                           for milk: EUR
                                 80
                               million per school year.

                           (b)

                           for milk
                                 and milk products
                              : EUR
                                 100
                               million per school year.

      Justification

      AGRI Compromise Amendment 4 — part 4. An increase of 20 million euros for the milk envelop is foreseen in order to allow the introduction of a minimum spending per child per year for all the Member States and in order to ensure that no Member State loses as a result of the introduction of the new criteria.

      Amendment 27

      Proposal for a regulation

      Article 1 — paragraph 1 — point 4

   Regulation (EU) No 1308/2013
   Article 23 a — paragraph 1 — subparagraph 2

                  Text proposed by the Commission

                  Amendment

                     The Commission shall be empowered to adopt delegated acts in accordance with Article 227 determining the level of Union aid that may be paid towards the price of the portion of fruit and vegetables including bananas and milk distributed and laying down the definition of a portion. The Commission shall also be empowered to adopt delegated acts in accordance with Article 227 fixing a minimum amount and a maximum amount for the financing of supporting educational measures from Member States’ annual definitive allocations.

                     deleted

      Justification

      Powers set out in Article 24(1a) instead for the sake of consistency.

      Amendment 28

      Proposal for a regulation

      Article 1 — paragraph 1 — point 4

   Regulation (EU) No 1308/2013
   Article 23 a — paragraph 2 — subparagraph 1 — point a

                  Text proposed by the Commission

                  Amendment

                           (a)

                           for fruit and vegetables including bananas:
                                 the
                               objective criteria based on:

                           (a)

                           for fruit and vegetables including bananas: objective criteria based on:

                                       (i)

                                       the number of six- to ten-year old children as a proportion of the population,

                                       (i)

                                       the number of six- to ten-year old children as a proportion of the population
                                             of the Member State concerned
                                          ,

                                       (ii)

                                       the degree of development of the regions within a Member State so to ensure higher aid to less developed regions within the meaning of Article 3(5) of this Regulation, the outermost regions listed in Article 349
                                             of the Treaty or and
                                           the smaller Aegean Islands within the meaning Article 1(2) of Regulation (EU) No 229/2013, and

                                       (ii)

                                       the degree of development of the regions within a Member State so to ensure
                                             the provision of
                                           higher aid to less developed regions within the meaning of Article 3(5) of this Regulation,
                                             to
                                           the outermost regions listed in Article 349
                                             TFEU and/or to
                                           the smaller Aegean Islands within the meaning Article 1(2) of Regulation (EU) No 229/2013,

                                             (iii)

                                             an additional increase of 5 % of the Union aid, to apply to the outermost regions, with a further 5 % increase if those regions import products from other outermost regions that are close by;
                                           and

      Justification

      AGRI Compromise Amendment 4 — part 1. Objective criteria based on the number of 6-10 years as proportion of the population and the degree of development of the regions within a Member State should be kept as it appears to be a fair system corresponding to the needs of Member States.

      Amendment 29

      Proposal for a regulation

      Article 1 — paragraph 1 — point 4

   Regulation (EU) No 1308/2013
   Article 23 a — paragraph 2 — subparagraph 1 — point b

                  Text proposed by the Commission

                  Amendment

                           (b)

                           for milk:
                                 the historical use of funds under previous schemes for the supply of milk and milk products to children and objective criteria based on their proportion of six- to ten-year old children.

                           (b)

                           for milk
                                 and milk products, a combination of the following criteria, to apply during a transitional period of six years starting from the operation of the new programme
                              :

                                             (i)

                                             the number of six- to ten-year-old children as a proportion of the population of the Member State concerned;

                                             (ii)

                                             the degree of development of the regions within a Member State, so as to ensure the provision of higher aid to less developed regions within the meaning of Article 3(5) of this Regulation, to the outermost regions listed in Article 349 TFEU and/or to the smaller Aegean Islands within the meaning of Article 1(2) of Regulation (EU) No 229/2013;

                                             (iii)

                                             the historical use of funds under previous schemes for the supply of milk and milk products to children, except for Croatia, for which a flat-rate payment system shall be introduced; in order to ensure a fair distribution of funds between Member States, this criterion shall be counterbalanced by the introduction of a minimum annual amount of Union aid per child in the age group referred in point (i) and defined on the basis of the average use of funds per child per Member State;

                                             (iv)

                                             an additional increase of 5 % of the Union aid, to apply to the outermost regions, with a further 5 % increase if those regions import products from other outermost regions that are close by;

      Justification

      AGRI Compromise Amendment 4 — part 2. Taking into account the amendments tabled, in particular those deleting the historical criteria for milk, the objective of this compromise is to set a fairer allocation system without penalising Member States that used efficiently the school milk scheme up to now and received larger amounts of aid. This compromise is based upon calculations that DG AGRI produced at the request of the rapporteur.

      Amendment 30

      Proposal for a regulation

      Article 1 — paragraph 1 — point 4

   Regulation (EU) No 1308/2013
   Article 23 a — paragraph 2 — subparagraph 1 a (new)

                  Text proposed by the Commission

                  Amendment

                     After the end of the transitional period referred to in point (b), milk and milk products shall be subject to the criteria laid down in points (i) and (ii) of point (a)
                  .

      Justification

      AGRI Compromise Amendment 4 — part 2.

      Amendment 31

      Proposal for a regulation

      Article 1 — paragraph 1 — point 4

   Regulation (EU) No 1308/2013
   Article 23 a — paragraph 2 — subparagraph 2

                  Text proposed by the Commission

                  Amendment

               The Commission shall assess at least every three years whether the indicative allocations for fruit and vegetables including bananas and for milk remain consistent with objective criteria referred to in this paragraph.

               The Commission shall assess at least every three years whether the indicative allocations for fruit and vegetables including bananas, and for milk
                     and milk products
                   remain consistent with
                     the
                   objective criteria referred to in this paragraph.

      Justification

      Amendment in line with AGRI Compromise Amendment 1.

      Amendment 32

      Proposal for a regulation

      Article 1 — paragraph 1 — point 4

   Regulation (EU) No 1308/2013
   Article 23 a — paragraph 2 a (new)

                  Text proposed by the Commission

                  Amendment

                     2a.

                     Member States shall ensure that a minimum of 10 % and a maximum of 20 % of the funding allocated to them annually under the school scheme is earmarked for accompanying educational measures.

      Justification

      AGRI Compromise Amendment 2 — part 4. Taking into account the fundamental importance of educational measures under the new scheme, and the amendments tabled, the compromise establishes a minimum of 10 % and a maximum of 20 % for the financing of educational measures.

      Amendment 33

      Proposal for a regulation

      Article 1 — paragraph 1 — point 4

   Regulation (EU) No 1308/2013
   Article 23 a — paragraph 4

                  Text proposed by the Commission

                  Amendment

               4.   Without exceeding the global ceiling of EUR
                     230
                   million resulting from the amounts referred to under points (a) and (b) of paragraph 1, Member States may transfer up to
                     15 %
                   of their indicative allocations for fruit and vegetables including bananas or for milk to the other sector under the conditions to be specified by the Commission by means of delegated acts adopted in accordance with Article 227.

               4.   Without exceeding the global ceiling of EUR
                     250
                   million resulting from the amounts referred to under points (a) and (b) of paragraph 1, Member States may transfer up to
                     10 %
                   of their indicative allocations for fruit and vegetables including bananas or for milk
                     and milk products
                   to the other sector
                     , and this transfer may be increased to 20 % in the case of outermost regions,
                   under the conditions to be specified by the Commission by means of delegated acts adopted in accordance with Article 227.

      Justification

      AGRI Compromise Amendment 4 — part 5. An increase of 20 million euros for the milk envelope is foreseen in order to allow the introduction of a minimum spending per child per year for all the Member States and in order to ensure that no Member State loses as a result of the introduction of the new criteria. On budgetary transfers, the compromise is a middle way between amendments tabled on this issue.

      Amendment 34

      Proposal for a regulation

      Article 1 — paragraph 1 — point 4

   Regulation (EU) No 1308/2013
   Article 23 a — paragraph 5 a (new)

                  Text proposed by the Commission

                  Amendment

                     5a.

                     Union aid provided in accordance with paragraph 1 shall not be used to replace funding for any existing national school fruit or milk schemes providing fruit and vegetables, processed fruit and vegetables, bananas, milk and milk products or other school distribution schemes that include such products. Union aid shall be provided to supplement national financing.

      Justification

      Reintroducing Article 23, paragraph 6 from the CMO: EU funds should be genuinely additional to national financing, to avoid a deadweight effect.

      Amendment 35

      Proposal for a regulation

      Article 1 — paragraph 1 — point 4

   Regulation (EU) No 1308/2013
   Article 23 a — paragraph 6 a (new)

                  Text proposed by the Commission

                  Amendment

                     6a.

                     Member States may decide, consistently with their respective strategies, not to grant the aid requested where the amount of aid requested is less than a minimum amount fixed by the Member State concerned.

      Amendment 36

      Proposal for a regulation

      Article 1 — paragraph 1 — point 4

   Regulation (EU) No 1308/2013
   Article 23 a — paragraph 7

                  Text proposed by the Commission

                  Amendment

               7.   The Union may also finance, pursuant to Article 6 of Regulation (EU) No 1306/2013, information, monitoring and evaluation measures relating to the school scheme, including raising public awareness of
                     it
                  , and related networking measures.

               7.   The Union may also finance, pursuant to Article 6 of Regulation (EU) No 1306/2013, information,
                     communication and publicity,
                   monitoring and evaluation measures relating to the school scheme, including raising public awareness of
                     its objectives, especially targeting parents and trainers,
                   and related networking measures
                     and other activities directly linked to the implementation of the school scheme
                  .

      Amendment 37

      Proposal for a regulation

      Article 1 — paragraph 1 — point 4

   Regulation (EU) No 1308/2013
   Article 23 a — paragraph 8

                  Text proposed by the Commission

                  Amendment

               8.   Member States participating in the school scheme shall publicise, at the places where the food is distributed, their involvement in the scheme and the fact that it is subsidised by the Union. Member States shall ensure the added value and the visibility of the Union school scheme in relation to the provision of other meals in educational establishments.

               8.   Member States participating in the school scheme shall publicise, at the places where the food is distributed, their involvement in the scheme and the fact that it is subsidised by the Union
                     , by way of posters at school entrances. Member States may, in addition, use any suitable communication medium such as dedicated websites, informative graphic material, and information and awareness-raising campaigns. A common identifier and Union logo shall be used on all accompanying information material
                  . Member States shall ensure the added value and the visibility of the Union school scheme in relation to the provision of other meals in educational establishments.

      Justification

      AGRI Compromise Amendment 5 — part 1. Member States distributing the EU aid should use posters at school entrances in order to ensure a better visibility of the EU action as foreseen in the existing implementing regulations for the schemes. Taking into account the EU added value of the scheme, it is important to strengthen its visibility and public awareness, especially at a time when the disillusionment on Europe is increasing.

      Amendment 38

      Proposal for a regulation

      Article 1 — paragraph 1 — point 5

   Regulation (EU) No 1308/2013
   Article 24 — paragraph 1 — point c

                  Text proposed by the Commission

                  Amendment

                           (c)

                           the drawing-up of the national or regional strategies and on the
                                 supporting
                               educational measures.

                           (c)

                           the drawing-up of the national or regional strategies and on the
                                 accompanying
                               educational measures.

      Justification

      Amendment in line with AGRI Compromise Amendment 2.

      Amendment 39

      Proposal for a regulation

      Article 1 — paragraph 1 — point 5

   Regulation (EU) No 1308/2013
   Article 24 — paragraph 2 — introductory part

                  Text proposed by the Commission

                  Amendment

               2.   In order to ensure the efficient and targeted use of
                     European
                   funds, the Commission shall be empowered to adopt delegated acts in accordance with Article 227 concerning:

               2.   In order to ensure the efficient and targeted use of
                     Union
                   funds,
                     to ensure their fair distribution between the Member States and to limit the administrative workload for schools taking part in the scheme and for Member States,
                   the Commission shall be empowered to adopt delegated acts in accordance with Article 227 concerning:

      Amendment 40

      Proposal for a regulation

      Article 1 — paragraph 1 — point 5

   Regulation (EU) No 1308/2013
   Article 24 — paragraph 2 — point –a (new)

                  Text proposed by the Commission

                  Amendment

                                 (-a)

                                 the maximum amount of Union aid per child and per distribution operation, by way of contribution to the cost of the fruit and vegetables, including bananas, and of milk and milk products distributed;

      Justification

      Delegated powers moved from Article 23a(1) for the sake of textual consistency. To ensure the sound management of funding for the scheme, it would be better to establish a maximum amount of aid per distribution operation rather than per portion, which would be somewhat difficult to monitor — see amendment to recital 6.

      Amendment 41

      Proposal for a regulation

      Article 1 — paragraph 1 — point 5

   Regulation (EU) No 1308/2013
   Article 24 — paragraph 2 — point a

                  Text proposed by the Commission

                  Amendment

                           a)

                           the indicative allocation of aid between Member States for fruit and vegetables including bananas
                                 , and
                               milk,
                                 and where appropriate its revision following the assessment referred to in the second subparagraph
                               of Article 23a(2), the minimum amounts of Union aid for each Member State, the method for reallocating the aid allocation between Member States based on aid applications received, and the additional rules concerning how the criteria referred to in the first subparagraph of Article 23a(2)
                                 shall
                               be taken into account for the allocation of the funds,

                           a)

                           the indicative allocation of aid between Member States for fruit and vegetables including bananas, milk
                                 and milk products
                              ,
                                 the minimum amount of annual Union aid spent per child as referred to in point (b)
                               of Article 23a(2), the minimum amounts of Union aid for each Member State, the method for reallocating the aid allocation between Member States based on aid applications received, and the additional rules concerning how the criteria referred to in the first subparagraph of Article 23a(2)
                                 are to
                               be taken into account for the allocation of the funds;

      Amendment 42

      Proposal for a regulation

      Article 1 — paragraph 1 — point 5

   Regulation (EU) No 1308/2013
   Article 24 — paragraph 2 — point b

                  Text proposed by the Commission

                  Amendment

                           (b)

                           the conditions concerning the transfers between the allocations for fruit and vegetables including bananas and milk;

                           (b)

                           the conditions concerning the transfers between the allocations for fruit and vegetables including bananas
                                 , milk
                               and milk
                                 products
                              ;

      Justification

      Amendment in line with AGRI CAM 1.

      Amendment 43

      Proposal for a regulation

      Article 1 — paragraph 1 — point 5

   Regulation (EU) No 1308/2013
   Article 24 — paragraph 2 — point c

                  Text proposed by the Commission

                  Amendment

                           (c)

                           the costs and/or measures that are eligible for Union aid and the possibility of fixing
                                 minimum amounts and
                               maximum amounts for specific costs;

                           (c)

                           the costs and/or measures that are eligible for Union aid and the possibility of fixing maximum amounts for specific costs;

      Amendment 44

      Proposal for a regulation

      Article 1 — paragraph 1 — point 5

   Regulation (EU) No 1308/2013
   Article 24 — paragraph 2 — point c a (new)

                  Text proposed by the Commission

                  Amendment

                                 (ca)

                                 the introduction of single application procedures for educational establishments seeking to participate and single control procedures;

      Justification

      In addition to the technical criteria set out in the implementing act under Article 25(c), it would be useful to establish for each delegated act single application procedures for educational establishments seeking to participate and single control procedures, so as to lighten the administrative burden currently deterring prospective participants, in particular schools wishing to participate in both schemes.

      Amendment 45

      Proposal for a regulation

      Article 1 — paragraph 1 — point 5

   Regulation (EU) No 1308/2013
   Article 24 — paragraph 3 — introductory part

                  Text proposed by the Commission

                  Amendment

               3.   In order to promote awareness of the school scheme the Commission shall be empowered to adopt delegated acts in accordance with Article 227, requiring Member States with a school scheme to publicise
                     the subsidising role of the Union aid
                  .

               3.   In order to promote
                     and increase
                   awareness of the school scheme
                     and to heighten the visibility of Union aid
                  , the Commission shall be empowered to adopt delegated acts in accordance with Article 227, requiring Member States with a school scheme to
                     clearly
                   publicise
                     the fact that they are receiving Union support for implementing the scheme, as regards:

                                 (a)

                                 the specific criteria related to the use of posters and other information support;

                                 (b)

                                 the establishment of specific criteria regarding the presentation, composition, size and design of the common identifier and Union logo
                              .

      Justification

      AGRI Compromise Amendment 5 — part 2. Delegated powers in line with amendment to Article 23a(8).

      Amendment 46

      Proposal for a regulation

      Article 1 — paragraph 1 — point 5

   Regulation (EU) No 1308/2013
   Article 25 — point a

                  Text proposed by the Commission

                  Amendment

                           (a)

                           the definitive allocation of aid for fruit and vegetables including bananas and/or milk between participating Member States within the limits set out in Article 23a(1), taking account of the transfers referred to in Article 23a(4);

                           (a)

                           the definitive allocation of aid for fruit and vegetables including bananas and/or milk
                                 and milk products
                               between participating Member States within the limits set out in Article 23a(1), taking account of the transfers referred to in Article 23a(4);

      Justification

      Amendment in line with AGRI Compromise Amendment 1.

      Amendment 47

      Proposal for a regulation

      Article 1 — paragraph 1 — point 5

   Regulation (EU) No 1308/2013
   Article 25 — point f a (new)

                  Text proposed by the Commission

                  Amendment

                                 (fa)

                                 methods for dealing with deficiencies occurring in the implementation process, in order to avoid blockages caused by excessively burdensome bureaucracy;

      Amendment 48

      Proposal for a regulation

      Article 1 — paragraph 1 — point 7

   Regulation (EU) No 1308/2013
   Article 217 — subparagraph 1

                  Text proposed by the Commission

                  Amendment

               Member States may, in addition to Union aid provided for in Article 23, make national payments for supplying the products to children in educational establishments or for the related costs referred to in Article 23(1)
                     (c)
                  .

               Member States may, in addition to
                     receiving and applying
                   the Union aid provided for in Article 23, make national
                     or regional
                   payments for
                     the purpose of
                   supplying the products to children
                     , together with accompanying educational measures,
                   in educational establishments, or for
                     meeting
                   the related costs referred to in
                     point (c)
                   of Article 23(1).


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31986Y0128

Decision No 128 of 17 October 1985 concerning the application of Article 14 (1) (a) and 14b (1) of Council Regulation (EEC) No 1408/71 on the legislation applicable to posted workers

Official Journal C 141 , 07/06/1986 P. 0006 - 0007

DECISION No 128 of 17 October 1985 concerning the application of Articles  14  (1)  (a) and 14b  (1) of Council Regulation (EEC) No 1408/71 on the legislation applicable to  posted workers (86/C  141/06)THE ADMINISTRATIVE COMMISSION OF THE EUROPEAN COMMUNITIES ON  SOCIAL SECURITY FOR MIGRANT WORKERS,Having regard to Article 81  (a) of Council Regulation (EEC) No  1408/71, under which it is made responsible for dealing with all matters of interpretation arising  from the provisions of Council Regulations (EEC) No 1408/71 and (EEC) No 574/72,Whereas Decision No  113 of 28 February 1980 should be amended to take account of the provisions of Regulation (EEC) No  1390/81 of 12 May 1981, which entered into force on 1 July 1982;Whereas the purpose of the  provisions of Articles 14  (1)  (a) and 14b  (1) of Regulation (EEC) No 1408/71 is to avoid, both  in respect of workers and of employers and social security institutions, the administrative  complications which would result from the application of the general rule laid down in Article 13   (2)  (a) or (2)  (c) of the said Regulation where the period of employment is of short duration in  a Member State or on a vessel flying the flag of a Member State other than the State in which the  undertaking has its registered office or a place of business;Whereas, with a view to  simplification, the scope of Article 14  (1)  (a) or 14b  (1) of the said Regulation should be  extended to cover the case of a worker who is engaged in the Member State in which the undertaking  has its registered office or place of business with a view to his being posted to another Member  State or to a vessel flying the flag of another Member State;Whereas, on the one hand, the  administrative complications which Article 14  (1)  (a) is designed to prevent arise in any event  if a worker who is engaged by an undertaking established in one Member State with a view to being  posted to another Member State was previously subject to the legislation of a third Member State or  of a non-member country and, a fortiori, if he was previously subject to the legislation of the  Member State to which he is posted; whereas the purpose of Article 14  (1)  (a) would thus not be  fulfilled; whereas the same would apply mutatis mutandis in the case of Article 14b  (1);Whereas,  on the other hand, one of the decisive criteria for the application of Article 14  (1)  (a) or 14b   (1) of the said Regulation is the existence of a direct relationship between the undertaking and  the worker it engages, and in particular the payment of a wage and the maintenance of the worker's  relationship to the undertaking as an employee;Whereas the protection of the worker and the legal  security to which he and the institution with which he is insured are entitled require full  guarantees that the direct relationship be maintained throughout the period of posting; whereas the  possibility provided by this Decision should therefore be restricted to undertakings which normally  carry out their activities in the Member State to whose legislation the posted worker remains  subject;Whereas such guarantees are no longer provided if a posted worker is made available to a  third undertaking;Whereas the worker and the employer must be duly informed of the conditions under  which the posted worker is allowed to remain subject to the legislation of the country from which  he has been posted;Acting in accordance with the provisions of Article 80  (3) of Regulation (EEC)  No 1408/71.HAS DECIDED AS FOLLOWS:1.  The provisions of Article 14  (1)  (a) or 14b  (1) of  Regulation (EEC) No 1408/71 shall also apply to a worker subject to the legislation of a Member  State who is engaged in that Member State in which the undertaking has its registered office or  place of business with a view to his posting either to another Member State or to a vessel flying  the flag of another Member State, provided that:(a)  there exists a direct relationship between  that undertaking and the worker during his period of posting;(b)  the undertaking normally carries  out its activities in the first Member State, that is so say, in the case of an undertaking whose  activity consists in making staff temporarily available to other undertakings, and that it normally  makes staff available to hirers established in that State for employment in that State.2.  The  provisions of Article 14  (1)  (a) or 14b  (1) above shall cease to apply if the undertaking to  which the worker has been posted makes the worker available to another undertaking.3.  Any  institution of a Member State which receives a request for the application of the aforementioned  Article 14  (1)  (a) or 14b  (1) in the cases provided for by this Decision shall duly inform the  undertaking and the worker concerned of the conditions under which the posted worker may continue  to be subject to the legislation of the country from which he was posted, in particular the  provisions of paragraph 2.4.  This Decision, which replaces Decision No 113 of 28 February 1980,  shall be published in the Official Journal of the European Communities. It shall apply from the  first day of the month following its publication.The Chairmanof the Administrative CommissionG.  SCHROEDER


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31988D0306

88/306/EEC: Council Decision of 16 May 1988 on the conclusion of the European Convention for the Protection of Animals for Slaughter

Official Journal L 137 , 02/06/1988 P. 0025 - 0026 Finnish special edition: Chapter 11 Volume 14 P. 0067  Swedish special edition: Chapter 11 Volume 14 P. 0067

COUNCIL DECISION of 16 May 1988 on the conclusion of the European Convention for the Protection of Animals for Slaughter (88/306/EEC) THE COUNCIL OF THE EUROPEAN COMMUNITIES,  Having regard to the Treaty establishing the European Economic Community, and in particular Article 43 thereof,  Having regard to the proposal from the Commission (1),  Having regard to the opinion of the European Parliament (2),  Having regard to the opinion of the Economic and Social Committee (3),  Whereas the Council adopted Directive 74/577/EEC on the stunning of animals before slaughter (4), Directive 64/433/EEC on health problems affecting intra- Community trade in fresh meat (5), as last amended by Directive 86/587/EEC (6), and in particular Annex I, Chapter I, point 13 (a) thereto, and Directive 71/118/EEC on health problems affecting trade in fresh poultrymeat (7), as last amended by  Regulation (EEC) No 3768/85 (8), and in particular Annex I, Chapter IV, point 20 thereto;  Whereas the European Convention for the Protection of Animals for Slaughter, hereinafter referred to as (9) OJ No C 15, 20. 1. 1988, p. 3.  (10) OJ No C 49, 22. 2. 1988, p. 146.  (11) OJ No C 35, 8. 2. 1988, p. 8.  (12) OJ No L 316, 26. 11. 1974, p. 10.  (13) OJ No 121, 29. 7. 1964, p. 2012/64.  (14) OJ No L 339, 2. 12. 1986, p. 26.  (15) OJ No L 55, 8. 3. 1971, p. 23.  (16) OJ No L 362, 31. 12. 1985, p. 8.  ´the Convention', was drawn up within the Council of Europe to protect animals for slaughter; whereas Article 20 of the Convention provides that it may be signed by the Member States of the Council of Europe and by the European Economic Community;  Whereas the provisions of the Convention are in accordance with Directives 74/577/EEC, 64/433/EEC, and 71/118/EEC; whereas the scope of the Convention is however wider;  Whereas national laws concerning the protection of animals for slaughter have an impact on the conditions of competition and accordingly on the operation of the common market in agricultural products;  Whereas the Convention covers matters which fall within the scope of the common agricultural policy;  Whereas the Community's participation thus appears to comply with the achievement of the Community's objectives,  HEREBY DECIDES AS FOLLOWS:   Article 1 The European Convention for the Protection of Animals for Slaughter is hereby approved on behalf of the European Economic Community.  The text of the Convention is attached hereto.  2. 6. 88 Official Journal of the European Communities Article 2 The President of the Council shall deposit the instrument of approval in accordance with Article 20 of the Convention (17).   Done at Brussels, 16 May 1988.  For the Council The President I. KIECHLE (18) The date of entry into force of the Convention will be published in the Official Journal of the European Communities by the General Secretariat of the Council.  EWG:L555UMBE17.96 FF: 5UEN;   SETUP: 01;   Hoehe: 662 mm;   72 Zeilen;   2951 Zeichen;  Bediener: MARK   Pr.: C;  Kunde: 41727 Montan England 17


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41993D0253

93/253/ECSC: DECISION OF THE REPRESENTATIVES OF THE GOVERNMENTS OF THE MEMBER STATES, MEETING WITHIN THE COUNCIL of 10 May 1993 Repealing Decision 92/586/ECSC on certain measures applicable with regard to Romania concerning trade in certain steel products covered by the ECSC Treaty

Official Journal L 117 , 13/05/1993 P. 0021 - 0021

DECISION OF THE REPRESENTATIVES OF THE GOVERNMENTS OF THE MEMBER STATES, MEETING WITHIN THE COUNCIL of 10 May 1993 Repealing Decision 92/586/ECSC on certain measures applicable with regard to Romania concerning trade in certain steel products  covered by the ECSC Treaty(93/253/ECSC)THE REPRESENTATIVES OF THE GOVERNMENTS OF THE MEMBER STATES OF THE EUROPEAN COAL AND STEEL COMMUNITY, MEETING WITHIN THE COUNCIL,  In agreement with the Commission,  HAVE DECIDED AS FOLLOWS:  Article 1  Since Protocol 2 to the Interim Agreement on trade and trade-related matters between the European Economic Community and the European Coal and Steel Community, of the one part, and Romania, of the other part (1), is applicable as from 1 May  1993, Decision 92/586/ECSC of the representatives of the Governments of the Member States of the ECSC, meeting within the Council, of 28 December 1992 on certain measures applicable with regard to Romania concerning trade in certain steel products  covered by the ECSC Treaty (2), is hereby repealed.  Article 2  This Decision shall enter into force on the day of its publication in the Official Journal of the European Communities.  It shall apply from 1 May 1993.  Done at Brussels, 10 May 1993.  The President N. HELVEG PETERSEN (1) OJ No L 81, 2. 4. 1993, p. 51.  (2) OJ No L 396, 31. 12. 1992, p. 51.


title: Decision (EU) 2015/2464 of the European Central Bank of 16 December 2015 amending Decision (EU) 2015/774 on a secondary markets public sector asset purchase programme (ECB/2015/48)

text:
               30.12.2015

               EN

               Official Journal of the European Union

               L 344/1

         DECISION (EU) 2015/2464 OF THE EUROPEAN CENTRAL BANK
   of 16 December 2015
   amending Decision (EU) 2015/774 on a secondary markets public sector asset purchase programme (ECB/2015/48)
   THE GOVERNING COUNCIL OF THE EUROPEAN CENTRAL BANK,
   Having regard to the Treaty on the Functioning of the European Union, and in particular the first indent of Article 127(2) thereof,
   Having regard to the Statute of the European System of Central Banks and of the European Central Bank, and in particular to the second subparagraph of Article 12.1 in conjunction with the first indent of Article 3.1, and Article 18.1 thereof,
   Whereas:

               (1)

               On 4 March 2015, the Governing Council adopted Decision (EU) 2015/774 of the European Central Bank (ECB/2015/10) (1) which established a secondary markets public sector asset purchase programme (hereinafter the ‘PSPP’). By establishing the PSPP, the Governing Council expanded the existing asset purchase programmes to include public sector securities. Alongside the third covered bond purchase programme (hereinafter the ‘CBPP3’) and the asset-backed securities purchase programme (hereinafter the ‘ABSPP’), the PSPP is part of the expanded asset purchase programme (hereinafter the ‘APP’). The APP aims to further enhance the transmission of monetary policy, facilitate the provision of credit to the euro area economy, ease borrowing conditions for households and firms and contribute to returning inflation rates to levels closer to 2 %, consistent with the ECB's primary objective of maintaining price stability.

               (2)

               On 3 December 2015, the Governing Council decided, in line with its mandate to ensure price stability, to revise certain of the PSPP's design features, to secure a sustained adjustment in the path of inflation towards levels that are below, but close to 2 %, over the medium term. The revisions are in line with the Governing Council's monetary policy mandate and duly reflect risk management considerations.

               (3)

               Accordingly, in order to achieve the PSPP's objectives, the Governing Council decided to extend the intended horizon of purchases under the PSPP until the end of March 2017, or beyond, if necessary, and in any event until the Governing Council sees a sustained adjustment in the path of inflation that is consistent with its aim of achieving inflation rates below, but close to, 2 % over the medium term. The Governing Council decided to extend the intended horizon of the purchases under the CBPP3 and the ABSPP accordingly.

               (4)

               The Governing Council also decided that, in order to enhance the flexibility of the PSPP and thereby support the continued smooth implementation of purchases at least until its intentional end date, euro-denominated marketable debt instruments issued by regional and local governments located in the euro area will be eligible for regular purchases under the PSPP by the national central banks of the jurisdiction in which the issuing entity is located.

               (5)

               The Governing Council also decided to reinvest the principal payments of the securities purchased under the APP as the underlying securities mature, for as long as necessary, thus contributing to favourable liquidity conditions and to an appropriate monetary policy stance.

               (6)

               With regard to debt securities referred to in Article 3(2)(c) of Decision (EU) 2015/774 (ECB/2015/10), different issuer and issue share limits apply. These limits will be set by the Governing Council taking due account of risk management and market functioning considerations.

               (7)

               Therefore, Decision (EU) 2015/774 (ECB/2015/10) should be amended accordingly,

         HAS ADOPTED THIS DECISION:
   Article 1
   Amendments
   Decision (EU) 2015/774 (ECB/2015/10) is amended as follows:

               1.

               In Article 3, paragraph 1 is replaced by the following:
               ‘1.   Subject to the requirements laid down in Article 3, euro-denominated marketable debt securities issued by central, regional or local governments of a Member State whose currency is the euro, recognised agencies located in the euro area, international organisations located in the euro area and multilateral development banks located in the euro area shall be eligible for purchases by the Eurosystem central banks under the PSPP. In exceptional circumstances, where the envisaged purchase amount cannot be attained, the Governing Council may decide to purchase marketable debt securities issued by other entities located in the euro area, in accordance with the conditions laid down in paragraph 4.’;

               2.

               in Article 3, paragraph 3 is replaced by the following:
               ‘3.   In order to be eligible for purchases under the PSPP, debt securities, within the meaning of paragraphs 1 to 2, shall have a minimum remaining maturity of 2 years and a maximum remaining maturity of 30 years at the time of their purchase by the relevant Eurosystem central bank. In order to facilitate smooth implementation, marketable debt instruments with a remaining maturity of 30 years and 364 days shall be eligible under the PSPP. National central banks shall also carry out substitute purchases of marketable debt securities issued by international organisations and multilateral development banks if the envisaged amounts to be purchased in marketable debt securities issued by central, regional or local governments and recognised agencies cannot be attained.’;

               3.

               in Article 3, paragraph 4 is replaced by the following:
               ‘4.   Eurosystem central banks may, in exceptional circumstances, propose to the Governing Council public non-financial corporations located in their jurisdiction as issuers of marketable debt instruments to be purchased as substitutes in case the envisaged amounts to be purchased in marketable debt instruments issued by central, regional or local governments and recognised agencies located in their jurisdiction cannot be attained.
               The proposed public non-financial corporations shall at least fulfil both of the following criteria:

                           —

                           be a “non-financial corporation” as defined in Regulation (EU) No 549/2013 of the European Parliament and of the Council (2),

                           —

                           be a “public sector entity”, meaning an entity within the meaning of Article 3 of Council Regulation (EC) No 3603/93 (3).

                     Following approval by the Governing Council, euro-denominated marketable debt instruments issued by such public non-financial corporations located in the euro area which comply with: (i) the eligibility criteria for marketable assets as collateral for Eurosystem credit operations, as per Part Four of Guideline (EU) 2015/510 of the European Central Bank (ECB/2014/60) (4); and (ii) the requirements in paragraphs 2 and 3 shall be eligible for substitute purchases under the PSPP.

                  (2)  Regulation (EU) No 549/2013 of the European Parliament and of the Council of 21 May 2013 on the European system of national and regional accounts in the European Union (OJ L 174, 26.6.2013, p. 1)."

                  (3)  Council Regulation (EC) No 3603/93 of 13 December 1993 specifying definitions for the application of the prohibitions referred to in Articles 104 and 104b(1) of the Treaty (OJ L 332, 31.12.1993, p. 1)."

                  (4)  Guideline (EU) 2015/510 of the European Central Bank of 19 December 2014 on the implementation of the Eurosystem monetary policy framework (ECB/2014/60) (OJ L 91, 2.4.2015, p. 3).’;"

               4.

               Article 5 is replaced by the following:
               ‘Article 5
               Purchase limits
               1.   Subject to Article 3, an issue share limit per international securities identification number (ISIN) shall apply under the PSPP to marketable debt securities fulfilling the criteria laid down in Article 3, after consolidating holdings in all of the portfolios of the Eurosystem central banks.
               As of 10 November 2015, the issue share limit is set at 33 % per ISIN. As an exception, the issue share limit is set at 25 % per ISIN for eligible marketable debt securities containing a collective action clause (CAC) that differs from the euro area model CAC elaborated by the Economic and Financial Committee and implemented by the Member States in accordance with Article 12(3) of the Treaty establishing the European Stability Mechanism, but will be increased to 33 %, subject to verification on a case-by-case basis that a holding of 33 % per ISIN would not lead the Eurosystem central banks to reach blocking minority holdings in orderly debt restructurings.
               2.   Under the PSPP, an aggregate limit of 33 % of an issuer's outstanding securities shall apply to the universe of eligible marketable debt securities in respect of the maturities defined in Article 3, after consolidating holdings in all of the portfolios of the Eurosystem central banks.
               3.   With regard to debt securities referred to in Article 3(2)(c), different issuer and issue share limits will apply. These limits will be set by the Governing Council taking due account of risk management and market functioning considerations.’;

               5.

               in Article 6, paragraph 1 and 2 are replaced by the following:
               ‘1.   Of the total book value of purchases of marketable debt securities eligible under the PSPP, 12 % shall be purchased in securities issued by eligible international organisations and multilateral development banks, and 88 % shall be purchased in securities issued by eligible central, regional or local governments and recognised agencies or, where applicable pursuant to Article 3(4) of this Decision, in securities issued by eligible public non-financial corporations. This allocation is subject to revision by the Governing Council. Purchases of debt securities issued by eligible international organisations, multilateral development banks and regional and local governments shall be conducted by NCBs only.
               2.   The NCBs' share of the total book value of purchases of marketable debt securities eligible under PSPP shall be 92 %, and the remaining 8 % shall be purchased by the ECB. The distribution of purchases across jurisdictions shall be according to the key for subscription of the ECB's capital as referred to in Article 29 of the Statute of the ESCB.’.

         Article 2
   Entry into force
   This Decision shall enter into force on 1 January 2016.

      Done at Frankfurt am Main, 16 December 2015.

            The President of the ECB

         Mario DRAGHI

      (1)  Decision (EU) 2015/774 of the European Central Bank of 4 March 2015 on a secondary markets public sector asset purchase programme (ECB/2015/10) (OJ L 121, 14.5.2015, p. 20).


title: 2013/263/EU: Council Decision of 13 May 2013 on the signing, on behalf of the European Union, of the Agreement between the European Union and the Russian Federation on drug precursors

text:
               6.6.2013

               EN

               Official Journal of the European Union

               L 154/5

         COUNCIL DECISION
   of 13 May 2013
   on the signing, on behalf of the European Union, of the Agreement between the European Union and the Russian Federation on drug precursors
   (2013/263/EU)
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on the Functioning of the European Union, and in particular the first subparagraph of Article 207(4) in conjunction with Article 218(5) thereof,
   Having regard to the proposal from the European Commission,
   Whereas:

               (1)

               The European Union and the Russian Federation should strengthen their cooperation to prevent diversion of drug precursors from the legal trade, in order to counter the illicit manufacture of narcotic drugs and psychotropic substances.

               (2)

               On 23 March 2009, the Council authorised the Commission to open negotiations with the Russian Federation for an Agreement between the European Union and the Russian Federation on drug precursors (the ‘Agreement’). The negotiations were conducted by the Commission within the framework of the negotiating directives adopted by the Council and were successfully concluded.

               (3)

               The Agreement should ensure full respect of fundamental rights, in particular a high level of protection for the processing and transfer of personal data between its Parties.

               (4)

               The Agreement should be signed on behalf of the European Union, subject to the conclusion of the said Agreement,

         HAS ADOPTED THIS DECISION:
   Article 1
   The signing of the Agreement between the European Union and the Russian Federation on drug precursors (the ‘Agreement’) is hereby authorised on behalf of the Union, subject to the conclusion of the said Agreement (1).
   Article 2
   The President of the Council is hereby authorised to designate the person(s) empowered to sign the Agreement on behalf of the Union.
   Article 3
   The Commission, assisted by representatives of the Member States, shall represent the Union on the Joint Follow-up Expert Group set up under Article 9 of the Agreement.
   This Decision shall enter into force on the day of its adoption.

      Done at Brussels, 13 May 2013.

            For the Council

            The President

         S. COVENEY

      (1)  The text of the Agreement will be published together with the decision on its conclusion.