Government Regulation No. 238 / 2009 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, 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, as amended
Valid
Regulation
Effective from 01.08.2009
Text versions:
01.08.2009
31.07.2009
238
GOVERNMENT REGULATION
of 20 July 2009
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, as amended
The Government orders pursuant to § 2b (2) of Act No. 252 / 1997 Coll., on Agriculture, as amended by Act No. 128 / 2003 Coll. and Act No. 441 / 2005 Coll., and under § 1 (3) of Act No. 256 / 2000 Coll., on the State Agricultural Intervention Fund and on the amendment of certain other laws (Act on the State Agricultural Intervention Fund), as amended by Act No. 35 / 2008 Coll.:
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 by pupils who have completed compulsory schooling in schools in the school network, as amended by Government Regulation No. 128 / 2005 Coll., Government Regulation No. 371 / 2005 Coll., Government Regulation No. 339 / 2006 Coll., Government Regulation No. 211 / 2007 Coll. and Government Regulation No. 319 / 2008 Coll., are amended as follows:
1. Paragraph 1, including the title and footnotes 1 to 3, reads:
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.
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. '
2. At the end of Section 2, the words "and national aid 'shall be added.
3. in footnotes 4, 5, 8, 15a and 16, the words "Commission Regulation (EC) No 2707 / 2000" are replaced by the words "Commission Regulation (EC) No 657 / 2008";
4. footnote 6:
"(6) Article 102 (4) of Council Regulation (EC) No 1234 / 2007."
5. In Article 2 (1), the words "and national aid shall be granted for the milk and milk products referred to in the Annex to this Regulation 'shall be inserted after the words" European Communities (4)' and the words "(the milk product) 'shall be deleted;
6. In Article 2 (2) of the Introductory Part of the provision, the words "or national aid 'shall be inserted after the word" aid'.
7. in Article 2 (2) (c):
"(c) packed in such a way that the individual packaging of the milk product does not exceed these 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 cream 80 g. '.
(8) footnotes 7a and 7b are deleted.
9. In Article 3 (2), at the end of the text in point (b), the words "if it has been established for that purpose 'shall be added.
10. in Paragraph 3 (3), including footnotes 10, 10a, 10b and 11, the following shall be added:
"(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.
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. '
11. in Article 3 (4) (c):
"(c) if the body referred to in paragraph 2 (a) is concerned, proof that it is an entrepreneur;"
12. footnotes 13 and 14 are deleted.
13. in Article 3 (4) (d):
"(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.";
14. footnote 15 is deleted;
15. in Article 3 (8), the words "possible amendment" shall be inserted after the words "information on the Fund" and the words "listed in the Annex to this Regulation" shall be added at the end of the text of the paragraph.
16. In Section 4, the word "its' is replaced by" and national support and their '.
17. in Article 4, the words "or national aid" shall be inserted after the word "aid."
18. in Article 4 (3) (a), the words "to the extent provided for in Article 37 (2) of the Administrative Regulation" shall be deleted;
19. in Article 4 (3), points (b) and (c), including footnotes 17 and 17a shall be deleted;
Points (d) and (e) shall be renumbered points (b) and (c).
20. in Article 4 (3), the words "on the form issued by the Fund" shall be added at the end of the text in point (c).
21. Paragraph 4 (4), including footnote 18, reads as follows:
"(4) National aid shall be granted under the same conditions as aid under the European Communities Regulation (18).
18) Article 12 (2) of Commission Regulation (EC) No 657 / 2008. '
22. the Annex reads as follows:
"Attachment to 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 |
"
Transitional provisions
1. Legal relationships arising before the date of entry into force of this Regulation shall be assessed in accordance with existing legislation.
2. A person intending to supply supported dairy products to schools or school catering facilities during the school year 2009 / 2010 shall submit to the State Agricultural Intervention Fund an application pursuant to Article 3 (1) and (5) of Decree-Law No 205 / 2004 Coll., as effective from the date of entry into force of this Regulation, no later than 15 August 2009.
3. A person intending to supply supported dairy products to schools or school catering facilities during the school year 2009 / 2010 shall submit to the State Agricultural Intervention Fund an application pursuant to Article 3 (1) and (5) of Decree-Law No 205 / 2004 Coll., as effective from the date of entry into force of this Regulation, no later than 15 November 2009.
Efficacy
This Regulation shall enter into force on 1 August 2009.
Prime Minister:
Ing. Fischer, CSc.
Minister for Agriculture:
Ing. Shebesta v. r.
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Regulation Information
| Citation | Government Regulation No. 238 / 2009 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 carrying out compulsory schooling in schools included in the school network, as amended |
|---|---|
| Regulation Type | Regulation |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 31.07.2009 |
|---|---|
| Effective from | 01.08.2009 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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