Decree No. 205 / 2004 Coll.
Government regulation laying down, within the framework of the common organisation of the market in milk and milk products, more 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
Valid
Regulation
Effective from 01.05.2004
205
GOVERNMENT REGULATION
of 7 April 2004
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 by pupils who have 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.:
Subject matter
This Regulation provides, in the light of the provisions directly applicable to the European Communities within the framework of the common organisation of the market in milk and milk products1) (hereinafter referred to as the "Regulation of the European Communities'), for more detailed conditions for granting:
(a) grants from European Communities' financial resources (hereinafter referred to as "aid") for the consumption of milk and milk products by pupils (2) in schools located in the Czech Republic and registered in the school register (3);
(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 whose consumption of pupils 2) in schools is encouraged under this Regulation.
Subject matter of aid and national aid
(1) The aid is granted for the processed milk and milk product referred to in the European Community Regulation (4) and the national aid is granted for the processed milk and milk product referred to in the Annex to this Regulation, converted into an equivalent quantity of milk (5) but not exceeding the quantity laid down in the European Communities Regulation. 6)
(2) The milk product for which aid or national aid is granted must be:
(a) sold to pupils of schools in accordance with price regulation applied under a special legislation, 7)
(b) individually packed in a package marked "school programme,"
(c) packed in such a way that the individual packaging of the milk product does not exceed such bulking or weight limits
1. processed milk or products based on fermented milk 250 ml,
2. yoghurt 150 g,
3. Flavored and unflavoured fresh and processed cheese, including curds 80 g,
4. flavoured and unflavoured cheeses, other than 30 g,
5. Cream 80 g.
Application for approval for the supply of supported milk products
(1) The application for approval for the supply of supported milk products to school pupils (hereinafter referred to as "the application for approval") shall be submitted to the State Agricultural Intervention Fund (hereinafter referred to as "the Fund") on the form issued by it, but not later than 30 April of the calendar year, if the applicant intends to commence the supply of supported milk products to schools or school catering facilities from the beginning of the school year starting in that calendar year.
(2) The application for approval may also be submitted by:
(a) a supplier who supplies supported dairy products to a school or, where appropriate, to a school meal facility (9) providing school meals;
(b) an entity which, on behalf of a person carrying out a school or a school meals establishment or a school meals establishment, supplies to pupils supported milk products if it is based for that purpose.
(3) The application for approval shall include, in addition to written commitments under the European Community Regulation (10), the name of the list of supported dairy products which the applicant intends to supply to schools or school catering establishments, produced in accordance with the requirements laid down in the European Community Regulation on food hygiene, the Food Act and the Decree issued for its implementation (10a), containing for each milk product supported:
1. name of product,
2. the name of the manufacturer (name and surname or business name, if any, and place of permanent residence or name or business name, and address of the registered office),
3. the characteristics of the product, including in particular the basic raw materials used, the basic ingredients, including, where appropriate, the seasoning component, which shall indicate the percentage of added sugar,
4. data on the physical and chemical properties of the product which must comply with the requirements laid down by the Food Act and the Decree issued for its implementation 10b), supported by a protocol issued by the accredited laboratory (11),
5. a description of the package of the milk product supported, including the characteristics of the packaging used;
6. method of distribution including storage conditions.
(4) The application for approval shall also include:
(a) a certified copy of the document certifying the formation of the legal person if the legal person carrying out the activities of the school or school catering establishment is concerned;
(b) if the school or school catering establishment is concerned, the list of legal persons engaged in the school or school catering establishment set up by it and for whom the milk products supported shall be supplied;
(c) if the body referred to in paragraph 2 (a) is established, proof that it is an entrepreneur;
(d) if the body referred to in paragraph 2 (b) is concerned, a written contract authorising it on behalf of one or more legal persons engaged in the activities of school or school catering establishments or their promoters to supply supported milk products.
(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 not later than 30 April of the calendar year, if it intends to start supplying the new supported milk product to schools or school catering facilities 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 period laid down in the first sentence shall not apply where the application concerns a change in the range of the milk product delivered which has already been approved by another body.
(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 price regulation purposes applied under special legislation 15a) (Paragraph 2 (2)), 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.
(8) A body whose application for approval has already been granted shall, before the beginning of the relevant period referred to in Article 4 (1), submit to the Fund information on any change in the distribution of the supported milk products listed in the Annex to this Regulation on the form issued by the Fund.
Application for and payment of aid and national aid
(1) Applications for aid or national aid may be submitted for a period of:
(a) from 1 January to 31 March of the calendar year;
(b) from 1 April to 30 June of the calendar year,
(c) from 1 September to 31 December of the calendar year.
(2) The application for aid or national aid, as the case may be, shall be submitted by the body whose application for approval pursuant to Article 3 has been granted to the Fund on the form issued by it after the end of the period referred to in paragraph 1 (hereinafter referred to as "the relevant period") within the time limit laid down by the Regulation of the European Communities. 16)
(3) An application for aid or national aid must include:
(a) an overall overview of the different types of milk products supplied for the relevant period and their quantity, including the price of such products, of the data identifying the person operating the school or school catering establishment, the number of pupils for whom aid is requested and, where appropriate, national aid for the relevant period, the distribution of the milk products supported; the data are presented both in paper form and in electronic form,
(b) a copy of the contracts for the supply of supported milk products between the applicant for aid or national aid, as the case may be, and of the person operating the school or school catering establishment, of the contracts concluded and valid during the relevant period covered by the application for aid or national aid, and a copy of the relevant document in force concerning the establishment and operation of the school or school establishment;
(c) an inventory of the invoices which were paid on the date on which the aid application or, where applicable, the national aid was submitted, using the form issued by the Fund.
(4) National aid is granted under the same conditions as aid under the European Communities Regulation (18).
(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 or school catering establishments, to the extent specified in the Fund, of the aid application form or national aid, as the case may be.
(6) Where the contract for the supply of supported milk products is concluded between the body whose application for approval has been granted pursuant to Article 3 and the person carrying out the school or school meals activity is terminated, that body shall communicate this to the Fund no later than 30 days after the end of the contract.
(7) The information referred to in paragraph 5 shall be communicated by the Fund without delay after it has been established in accordance with special legislation19) to the Ministry of Agriculture.
(8) Where the person operating a school or a school catering establishment is not an approved body for the supply of supported milk products, he may, during one relevant period covered by an application for aid or, where applicable, national aid, withdraw the supported milk products from only one body approved under § 3.
Specific provisions
Applications under Articles 3 (1), 3 (5) and 4 (1) may not be submitted to the Fund for a period beginning in the school year 2017 / 2018.
Transitional provisions
(1) In calendar year 2004, the periods for which aid or national aid may be requested shall be as follows:
(a) from 1 May to 30 June 2004,
(b) from 1 September to 31 December 2004.
(2) The national aid rates for the period 1 May 2004 to 30 June 2005 are set out in Annex 1 to this Regulation.
(3) Legal relationships arising before the date of entry into force of this Regulation and the rights and obligations arising therefrom shall be assessed in accordance with existing legislation.
Repeal
Government Regulation No. 91 / 2001 Coll., laying down the conditions and principles for granting support to the programme for increasing the consumption of processed milk and selected milk products by pupils who are carrying out compulsory schooling (to encourage an increase in consumption of selected milk products by pupils) is hereby repealed.
Efficacy
This Regulation shall enter into force on the date of the entry into force of the Treaty of Accession of the Czech Republic to the European Union, with the exception of Article 3, which shall take effect on the date of its publication, and Article 2 (3) (b), which shall take effect on 1 September 2004.
Prime Minister:
PhDr. Špidla v. r.
Minister for Agriculture:
Ing. Palas v. r.
Annex to Government Decree No. 205 / 2004 Coll.
| Výrobek | Objem/hmotnost 1 ks balení | Sazba národní podpory v Kč/ks | ||
|---|---|---|---|---|
| Běžná distribuce | Distribuce z mléčných automatů | |||
| 1. | MLÉKO NEOCHUCENÉ tepelně ošetřené | 250 ml | 3,20 | 4,30 |
| 200 ml | 2,90 | 4,00 | ||
| 2. | MLÉKO OCHUCENÉ podle přílohy k nařízení Komise (ES) č. 657/2008, v platném znění | 250 ml | 2,80 | 3,90 |
| 200 ml | 2,50 | 3,60 | ||
| 3. | MLÉKO OCHUCENÉ tepelně ošetřené ostatní | 250 ml | 4,00 | 5,10 |
| 200 ml | 3,50 | 4,60 | ||
| 4. | JOGURTY podle přílohy k nařízení Komise (ES) č. 657/2008, v platném znění | 150 g | 3,40 | 4,50 |
| 5. | JOGURTY OSTATNÍ | 150 g | 4,20 | 5,30 |
| 6. | VÝROBKY NA BÁZI KYSANÉHO MLÉKA podle přílohy k nařízení Komise (ES) č. 657/2008, v platném znění | 250 ml | 3,90 | 5,00 |
| 200 ml | 3,30 | 4,40 | ||
| 7. | VÝROBKY NA BÁZI KYSANÉHO MLÉKA ostatní | 250 ml | 5,00 | 6,10 |
| 200 ml | 4,20 | 5,30 | ||
| 8. | ČERSTVÉ A TAVENÉ SÝRY podle přílohy k nařízení Komise (ES) č. 657/2008, v platném znění | 30 g | 4,20 | 5,30 |
| 9. | ČERSTVÉ SÝRY ostatní | 80 g | 5,40 | 6,50 |
| 10. | SMETANOVÝ KRÉM | 80 g | 4,00 | 5,10 |
1) Council Regulation (EC) No 1234 / 2007 of 22 October 2007 establishing a common organisation of the markets and on specific provisions for certain agricultural products (Single CMO Regulation), as amended. Commission Regulation (EC) No 657 / 2008 of 10 July 2008 laying down detailed rules for the application of Council Regulation (EC) No 1234 / 2007 as regards Community aid for the provision of milk and certain milk products to pupils in schools.
2) Article 2 of Commission Regulation (EC) No 657 / 2008.
3) Act No. 561 / 2004 Coll., on pre-school, primary, secondary, higher vocational and other education (Education Act), as amended.
4) Article 3 and the Annex to Commission Regulation (EC) No 657 / 2008.
5) Article 5 (2) of Commission Regulation (EC) No 657 / 2008.
6) Article 102 (4) of Council Regulation (EC) No 1234 / 2007.
7) Article 5 of Act No. 526 / 1990 Coll., on Prices.
8) Article 6 (2) (a) and (b) of Commission Regulation (EC) No 657 / 2008.
9) § 119 of Act No. 561 / 2004 Coll.
10) Articles 8 and 9 of Commission Regulation (EC) No 657 / 2008.
10a) Regulation (EC) No 852 / 2004 of the European Parliament and of the Council of 29 April 2004 on the hygiene of foodstuffs, as amended and Regulation (EC) No 853 / 2004 of the European Parliament and of the Council laying down specific hygiene rules for food of animal origin, as amended. Act No. 110 / 1997 Coll., on Food and Tobacco Products and amending and supplementing certain related laws, as amended. Decree No. 77 / 2003 Coll., laying down requirements for milk and milk products, frozen creams and edible fats and oils, as amended.
10b) Act No. 110 / 1997 Coll., as amended. Decree No. 77 / 2003 Coll., as amended.
11) Regulation (EC) No 765 / 2008 of the European Parliament and of the Council of 9 July 2008 laying down requirements for accreditation and market surveillance relating to the marketing of products and repealing Regulation (EEC) No 339 / 93, as amended.
15a) Act No. 526 / 1990 Coll. Article 14 of Commission Regulation (EC) No 657 / 2008.
16) Article 11 (3) of Commission Regulation (EC) No 657 / 2008.
18) Article 12 (2) of Commission Regulation (EC) No 657 / 2008.
19) Act No. 256 / 2000 Coll., as amended.
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Regulation Information
| Citation | 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 |
|---|---|
| Regulation Type | Regulation |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 26.04.2004 |
|---|---|
| Effective from | 01.05.2004 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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