9.1.2009 Official Journal of the European Union L 5/1 (Acts adopted under the EC Treaty/Euratom Treaty whose publication is obligatory) REGULATIONS COUNCIL REGULATION (EC) No 13/2009 of 18 December 2008 amending Regulations (EC) No 1290/2005 on the financing of the common agricultural policy and (EC) No 1234/2007 establishing a common organisation of agricultural markets and on specific provisions for certain agricultural products (Single CMO Regulation) in order to set up a School Fruit Scheme THE COUNCIL OF THE EUROPEAN UNION, Having regard to the Treaty establishing the European Community, and in particular Articles 36 and 37 thereof, Having regard to the proposal from the Commission, Having regard to the opinion of the European Parliament (1), Whereas: Council Regulation (EC) No 1182/2007 (3), which lays down specific rules as regards the fruit and vegetable sector, provided for a wide-ranging reform of that sector to promote its competitiveness and market orien- tation and to bring it more closely in line with the rest of the reformed common agricultural policy (CAP). One of the key objectives of the reformed regime is to reverse the declining consumption of fruit and vegetables. It is desirable to address the low consumption of fruit and vegetables amongst children by durably increasing the share of fruit and vegetables in the diets of children at the stage when their eating habits are being formed. The provision of Community aid under a School Fruit Scheme to supply fruit, vegetable and banana products to children in educational establishments (") Opinion of 18 November 2008 (not yet published in the Official Journal). () 0] L 273, 17.10.2007, p. 1. ©) (6) should bring young consumers to appreciate fruit and vegetables and thus enhance future consumption. As a result, the School Fruit Scheme would meet the objectives of the CAP, including the promotion of earnings in agriculture, the stabilisation of markets and the availability of both current and future supplies. Under Article 35(b) of the Treaty, provision may be made within the framework of the CAP for joint measures, such as a School Fruit Scheme, to promote consumption of certain products. Moreover, Article 152(1) of the Treaty requires that a high level of human health protection be ensured in the definition and implementation of all Community policies. The clear health benefits of a School Fruit Scheme indicate that it is an arrangement which should be integrated into the implementation of the CAP. Provision should therefore be made for Community aid to co-finance the supply to children in educational estab- lishments of certain healthy products of the fruit and vegetables, processed fruit and vegetables and bananas sectors and also to co-finance certain related costs of logistics, distribution, equipment, communication, moni- toring and evaluation. The Community School Fruit Scheme should be without prejudice to any national school fruit schemes which respect Community law, in order to retain the benefits of such schemes. It should respect the diversity of the Member States’ educational systems. Therefore, educa- tional establishments benefiting from the School Fruit Scheme could include nurseries, other pre-school estab- lishments, primary and secondary schools.