Decree No. 128 / 2005 Coll.

Government Regulation amending Government Regulation No. 205 / 2004 Coll., laying down, within the framework of the common organisation of the market in milk and milk products, more detailed conditions for granting support and national support for the consumption of milk and milk products to pupils who have compulsory schooling in schools included in the school network

Valid Regulation Effective from 01.04.2005
128
GOVERNMENT REGULATION
of 23 March 2005
amending Government Regulation No 205 / 2004 Coll., laying down, within the framework of the common organisation of the market in milk and milk products, detailed conditions for the granting of support and national support for the consumption of milk and milk products to pupils carrying out compulsory schooling in schools included in the school network
The Government orders pursuant to § 2b (2) of Act No. 252 / 1997 Coll., on Agriculture, as amended by Act No. 128 / 2003 Coll.:
Čl. I
Government Regulation No. 205 / 2004 Coll., laying down, within the framework of the common organisation of the market in milk and milk products, detailed conditions for the granting of support and national support for the consumption of milk and milk products to pupils who have compulsory schooling in schools in the school network, are amended as follows:
1. Paragraph 1, including the title and footnotes 1 to 3, reads:
„§ 1
Subject matter
This Regulation (1) regulates, in the framework of the common organisation of the market in milk and milk products, the provisions of the provisions of the European Communities (2) (hereinafter referred to as the "Regulation of the European Communities'), the detailed arrangements for granting:
(a) grants from the financial resources of the European Communities (hereinafter referred to as "aid") for the consumption of milk and milk products (Section 2 (1)) by pupils who have compulsory schooling (hereinafter referred to as "pupil") in schools located in the Czech Republic and registered in the school register (3) (hereinafter referred to as "school");
(b) grants from financial resources of the Czech Republic (hereinafter referred to as "national aid") to compensate partially for the costs associated with the production and distribution of milk and milk products (Section 2 (1)), the consumption of which is supported by pupils in schools under this Regulation, and to compensate for the annual decreases in support.
1) It is issued for the implementation and within the limits of the law, the content of which allows for an adjustment following the directly applicable regulation of the European Communities by the Government.
2) Article 14 of Council Regulation (EC) No 1255 / 1999 of 17 May 1999 on the common organisation of the market in milk and milk products, as amended. Commission Regulation (EC) No 2707 / 2000 of 11 December 2000 laying down detailed rules for the application of Council Regulation (EC) No 1255 / 1999 as regards Community aid for the provision of milk and certain milk products to pupils in schools, as amended.
3) Act No. 561 / 2004 Coll., on pre-school, primary, secondary, higher vocational and other education (Education Act). '
2. in Article 2 (2) (a) and (b), the words "No 2" shall be inserted after the words "Annexes."
3. In Article 3, at the end of the text of paragraph 1, the words "but no later than 30 April of the calendar year, if the applicant intends to start supplying supported milk products to schools from the beginning of the school year starting in that calendar year 'shall be added.
4. in Article 3 (2) (a), the words "school canteens 9) providing" shall be replaced by "school eating establishments 9) providing."
footnote 9:
"9) § 119 of Act No. 561 / 2004 Coll. '.
5. in Article 3 (3) (b), the words "produced in accordance with specific legislation10a" shall be inserted after the words "dairy products."
Footnote 10a:
"10a) Decree No 203 / 2003 Coll., on veterinary requirements for milk and milk products, as amended by Decree No 638 / 2004 Coll. Decree No 77 / 2003 Coll., laying down requirements for milk and milk products, frozen creams and edible fats and oils, as amended. '
6. Paragraph 3 (5) reads as follows:
"(5) If the body whose application for approval has already been granted intends to change the range of milk products supplied to it, it shall submit the application to the Fund on a form issued by it, but no later than 30 April of the calendar year, if it intends to start supplying the new supported milk product to schools from the beginning of the school year starting in that calendar year. The application for a change in the product range of the supported milk products shall include data relating to the new supported milk product referred to in paragraph 3 (b). The time limit laid down in the first sentence shall not apply where the application concerns a change in the range of the milk product supplied which has already been approved by another body. ';
7. In Article 3, paragraphs 6 and 7 are added, including footnote 15a:
"(6) If the body intends to terminate the supply of one of the milk products supported or intends to cease completely the supply of the milk products supported, it shall notify the Fund without delay.
(7) For the purposes of price regulation applied under special legislation15a (Paragraph 2 (3)), the Fund shall communicate the amendments referred to in paragraphs 5 and 6 without delay after they have been established by the Ministry of Finance.
15a) Act No. 526 / 1990 Coll. Article 14 of Commission Regulation (EC) No 2707 / 2000. '
8. in Article 4 (3) (a), the word "inventory" is replaced by the word "overview" and the words "school canteens" are replaced by "school eating establishments 9)."
9. In Article 4 (3), the words "both paper and electronic," shall be added at the end of the text of point (a).
10. In Article 4, at the end of paragraph 3, the dot is replaced by a comma and the following point (c) is added:
"(c) the originalstatements of schools and, where appropriate, of school eating facilities 9) according to the European Communities Regulation 17a) on forms issued by the Fund.
17a) Article 2, 8, 9, 11 of Commission Regulation (EC) No 2707 / 2000. '
11. in Article 4, paragraphs 5 and 6 are added, including footnote 19:
"(5) The body whose application for approval pursuant to Article 3 has been granted shall, by the 20th day of each calendar month, communicate to the Fund, both in paper and electronic form, information on the supply of supported milk products to schools, to the extent specified in the Fund, of the aid application form or national aid, as appropriate.
(6) The information referred to in paragraph 5 shall be communicated by the Fund without delay after it has been established in accordance with specific legislation19) to the Ministry of Agriculture.
19) Act No. 256 / 2000 Coll., as amended. '
12. in Article 5 (2), the words "No 1" shall be inserted after the words "in the Annex";
13. The Annex shall be renumbered Annex 1 and Annex 2 shall be added, including the title:

"Annex No 2 to Government Decree No. 205 / 2004 Coll.
Dairy products for which national aid is granted
BodMléčný výrobekSkupina mléčných výrobků*)Objem/hmotnost 1 ks baleníSazba národní podpory
pro období od
1. 7. 2005 do 30. 6. 2006
Kč/ks
1Tepelně zpracované plnotučné mléko ochucené čokoládou nebo jinak, obsahující nejméně 90 % hmotnostních plnotučného mlékaI.250 ml2,10
2Tepelně zpracované plnotučné mléko neochucenéI.250 ml1,80
3Tepelně zpracované polotučné mléko ochucené čokoládou nebo jinak, obsahující nejméně 90 % hmotnostních polotučného mlékaV.250 ml2,00
4Tepelně zpracované polotučné mléko neochucenéV.250 ml1,70
5Tepelně zpracované polotučné mléko ochucené čokoládou nebo jinak, obsahující nejméně 90 % hmotnostních polotučného mlékaV.200 ml1,90
6Tepelně zpracované polotučné mléko neochucenéV.200 ml1,60
7Jogurt bílý nebo ochucenýI.125 g1,20
8Jogurt bílý nebo ochucenýI.145 g1,30
9Jogurt bílý nebo ochucenýI.150 g1,40
10Jogurtové mléko**)220 ml3,20
11Jogurtové mléko**)250 ml3,20
12Smetanový krém**)80 g2,60
Explanatory notes:
(*) Classification of dairy products into groups as set out in the Annex to Commission Regulation (EC) No 2707 / 2000.
* *) For milk products not included in the groups referred to in the Annex to Commission Regulation (EC) No 2707 / 2000, no aid shall be granted from the financial resources of the European Communities. For milk products included in the groups referred to in the Annex to Commission Regulation (EC) No 2707 / 2000, the rate of aid from the European Communities' financial resources shall be as from 1 July 2004 in Annex II to Commission Regulation (EC) No 816 / 2004 of 29 April 2004 amending Regulation (EC) No 2707 / 2000 laying down rules for the implementation of Council Regulation (EC) No 1255 / 1999 as regards Community support for the provision of milk and certain milk products to pupils in schools. '
Čl. II
Transitional provisions
1. Legal relations arising before the date of entry into force of this Regulation by the Government and the rights and obligations arising therefrom shall be assessed in accordance with existing legislation.
2. National aid rates for the period from 1 July 2005 to 30 June 2006 are set out in Annex 2 to Government Regulation No 205 / 2004 Coll., as effective from the date of entry into force of this Government Regulation.
Čl. III
Efficacy
This Regulation shall enter into force on 1 April 2005.
Prime Minister:
JUDr. Gross v. r.
Minister for Agriculture:
Ing. Palas v. r.

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Regulation Information

CitationGovernment Regulation No. 128 / 2005 Coll., amending Government Regulation No. 205 / 2004 Coll., laying down, within the framework of the common organisation of the market in milk and milk products, detailed conditions for the granting of support and national support for the consumption of milk and milk products to pupils who have compulsory schooling in schools included in the school network
Regulation TypeRegulation
Author-
CollectionCode of Laws
Date of Promulgation01.04.2005
Effective from01.04.2005
Effective until-
Status Valid
The regulation text is for informational purposes only.
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