Government Decree No. 478 / 2009 Coll.
Government regulation on certain conditions for granting aid for fruit and vegetables and fruit, vegetable and banana products to children in educational establishments
Valid
Regulation
Effective from 01.01.2010
478
GOVERNMENT REGULATION
of 21 December 2009
laying down certain conditions for granting aid for fruit and vegetables and fruit, vegetable and banana products to children in educational establishments
The Government mandates pursuant to § 2b (2) of Act No. 252 / 1997 Coll., on Agriculture, as amended by Act No. 128 / 2003 Coll., Act No. 441 / 2005 Coll. and Act No. 291 / 2009 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. 441 / 2005 Coll.:
Subject matter
This Regulation lays down the conditions for granting aid for fruit and vegetables and products derived from fruit, vegetables and bananas (2) delivered free of charge to pupils in primary schools and children in primary school preparatory classes or in primary school preparatory stage (3) ("first stage ') and aid for accompanying measures (" aid').
Objective of aid
(1) The aid is granted for the following products:
(a) fresh fruit and vegetables and, where appropriate, packaged fresh fruit and vegetables listed in Parts IX and XI of Annex I to the directly applicable European Union Regulation establishing a common organisation of the markets in agricultural products4), provided that they do not contain the ingredients listed in Annex V to the directly applicable European Union Regulation establishing a common organisation of the markets in agricultural products4), and
(b) packed fruit and vegetable juices, salads and fruit purges, provided that they do not contain the ingredients listed in Annex V directly applicable to the European Union Regulation establishing a common organisation of markets (4) with agricultural products or preservatives.
(2) The amount of aid which may be granted per piece of fruit or vegetables corresponding to the number of pieces of fruit or vegetables with a total minimum weight of 100 g, a package of fruit puree or a salad of a minimum weight of 100 g or a package of fruit or vegetable juice with a minimum volume of 200 ml (hereinafter referred to as "portion") may not exceed the amounts set out in the Annex to this Regulation.
(3) The proportion of portions of packaged fruit and vegetable juices and fruit puree may not exceed 25% of the total number of portions delivered to each primary school with which the applicant has a contract to supply the products during the relevant school year.
(4) Each package of fruit and vegetable juice, salad and fruit purée and each package of fresh fruit and vegetables must bear the indication "School fruit and vegetables."
(5) The proportion of portions of products originating in countries outside the European Union during the relevant school year may not exceed 10% of the total number of portions delivered to primary schools with which the applicant has concluded product delivery contracts (16).
(6) The aid shall be granted, in addition to the products referred to in paragraph 1, to the extent provided for in the directly applicable European Union17 Regulation, for the following accompanying measures:
(a) excursions to agricultural, horticultural and production, distribution, processing or sale of fruit and vegetables;
(b) educational actions and educational materials on products supplied under the School Fruit and Vegetables Scheme, on healthy eating habits and on environmental protection concerning the production, distribution and consumption of fruit and vegetables, with the exception of the establishment and operation of Internet presentations;
(c) fruit and vegetable tasting and fruit and vegetable products;
(d) organising school competitions promoting fruit and vegetable consumption; or
(e) support for school land equipment, in particular the acquisition of tools, composters or seedlings related to the activities of pupils on school land.
Application for approval of an aid applicant
(1) An application for approval of an aid applicant (hereinafter referred to as "application for approval") may be submitted by the person who:
(a) directly supplies the products pursuant to Article 5 (2) (c) of Commission Delegated Regulation (EU) 2016 / 247; or
(b) manage the distribution of products as referred to in Article 5 (2) (e) of Commission Delegated Regulation (EU) No 2016 / 247;
("the applicant ').
(2) The application for approval shall be submitted by the applicant to the State Agricultural Intervention Fund (hereinafter referred to as the Fund) on the form issued by him by 31 March of the calendar year, if the applicant intends to start supplying the products in that calendar year.
(3) The application for approval shall include, in addition to the obligations set out in the directly applicable European Union6), the applicant's undertaking to deliver the products, as notified to the Fund, on the minimum number of supplies of products for the month of the school year concerned to each primary school with which he has a contract for the supply of the products throughout the school year. The supply of products means an advance during which the applicant ensures the delivery of a maximum of 2 portions per pupil at once to each primary school with which he has a contract to supply the products for the current school year.
(4) The applicant referred to in Article 3 (1) (a) shall attach to the application proof that he is a producer of fruit and vegetables. The applicant referred to in Article 3 (1) (b) shall attach to the application a contract concluded with at least one distributor for the delivery of products to schools or an officially certified copy thereof and proof of the establishment of a separate bank account intended only for the financing of such support or an officially certified copy thereof.
(5) The Fund shall approve the applicant if it fulfils the conditions laid down in paragraphs 1 to 4. The Fund shall publish data on the applicant who has been approved as an aid applicant (hereinafter referred to as "the approved applicant ') and the form to be used to register the primary school to the approved applicant in a way that allows remote access.
(6) By 25 September of the relevant calendar year of the Fund, the approved applicant shall submit, on the form issued by him, information on the number of primary schools with which he has contracts to supply products for the current school year and the total number of first-degree pupils in those schools, certified by the person authorised to act on behalf of the school with which the approved applicant has a contract to supply products. Part of the information is a statement from the primary school that for the relevant school year it always receives products from only one approved applicant.
(7) The approved applicant shall start supplying products or accompanying measures to primary schools from the first day of the school year concerned. The eligible costs referred to in Article 4 (1) of Commission Delegated Regulation (EU) 2016 / 247 for the supply of products or accompanying measures per pupil shall not exceed the limit per pupil for the relevant school year referred to in paragraphs 8 to 10.
(8) The provisional monthly limit on products per pupil shall be calculated until the limit referred to in paragraph 9 has been established as a proportion of the total aid for the Czech Republic minus the related costs including the cost of accompanying measures (9) and the total number of children aged 6 to 10 years in the Czech Republic, as specified in the directly applicable European Union7), divided by 10. The Fund shall notify each approved applicant in writing, no later than 1 September of the calendar year concerned, of the minimum number of deliveries of the products for the month of the school year concerned, according to the amount of funding allocated for the school year concerned. If the minimum number of deliveries per month of products is not complied with, the Fund shall reduce the funds allocated to the approved applicant in the given school year.
(9) By 20 October of the relevant calendar year, the Fund shall notify each approved applicant in writing of the limit on products per pupil for the relevant school year. When establishing the limit on products, the Fund shall be based on the proportion of the total aid fixed for the Czech Republic under the directly applicable European Union8) and the number of pupils in the first stage of all primary schools with which the approved applicant has a contract for the supply of products resulting from the information referred to in paragraph 6, minus the related costs, including the costs of accompanying measures9).
(10) By 1 September of the calendar year concerned, the Fund shall notify each approved applicant in writing of the limit for accompanying measures per pupil for the school year concerned. In setting the limit for accompanying measures, the Fund shall be based on a proportion of not more than 15% of the total aid fixed for the Czech Republic under the directly applicable European Union8) for the relevant school year and the total number of children aged 6 to 10 years in the Czech Republic referred to in the directly applicable European Union7).
(11) The approved applicant shall, by 31 October of the relevant calendar year of the Fund, deliver a plan of accompanying measures with a quantification of the financial intensity and cost of the individual accompanying measures for the school year concerned. By 31 December of the calendar year concerned, the Fund shall inform the approved applicant whether the proposed accompanying measures are eligible for aid.
(12) Where an approved applicant intends to terminate the supply of products, he shall immediately notify the Fund which shall withdraw the approval referred to in paragraph 5.
(13) An authorised applicant who does not conclude a contract with any primary school to supply the products for the current school year and who does not submit the information referred to in paragraph 6 by 25 September of the calendar year in question, shall withdraw the approval of the Fund.
Application for aid for products
(1) An application for aid for products shall be submitted by the approved applicant for each calendar month of the school year (10) ("delivery period") during which he organises the supply of products to primary schools.
(2) The application for aid for products shall be submitted by the approved applicant to the Fund on the form issued by him after the delivery period, within a period specified directly by the European Union Regulation (11).
(3) In addition to the elements mentioned in the directly applicable European Union12, the application for aid for products also includes:
(a) an overall overview of the different types of products delivered for the delivery period and their quantities, including the price of those products; the data are submitted in electronic form,
(b) the total number of first-degree pupils for whom aid is claimed for products for the delivery period; the data are submitted in electronic form.
(4) The approved applicant pursuant to Article 3 (1) (a) shall add to the application for aid for products:
(a) an overview of the monthly deliveries of products; and
(b) a notice of withdrawal from the contract for the supply of products where the school concerned has decided to terminate the procurement during the school year.
(5) The approved applicant pursuant to Article 3 (1) (b) shall add to the application for aid for products:
(a) contracts concluded between him and distributors for the supply of products to primary schools, or copies thereof, where an application for aid is made for the first time;
(b) a contract for the supply of products to primary schools, or a copy thereof, concluded between him and a distributor who began to supply the products only during the school year concerned, provided that the application for aid is submitted for the delivery period in which the new distributor began to supply the products;
(c) notification of the primary school of withdrawal from the contract for the supply of products where the school concerned has decided to terminate the purchase of products during the school year;
(d) an inventory of invoices issued by the distributor for products delivered in the relevant delivery period and paid by the approved applicant on the date on which the aid application was lodged (13), in accordance with the limits laid down in Article 3 (8) and (9);
(e) an extract from the bank account referred to in Article 3 (4) (b) proving payment of the invoices referred to in (d); and
(f) an overview of the monthly deliveries of products.
(6) Aid of 100% of the amounts listed in the Annex to this Regulation shall be granted to an approved applicant pursuant to Article 3 (1) (a). Aid shall be granted to an authorised applicant pursuant to Article 3 (1) (b) according to the costs actually incurred, up to the amounts set out in the Annex to this Regulation.
Application for aid for accompanying measures
(1) The approved applicant shall submit to the Fund, on a form issued by him, within the time limit set by the directly applicable European Union11) an application for aid for accompanying measures for the past calendar year period.
(a) from 1 September to 31 December;
(b) from 1 January to 31 March; or
(c) from 1 April to 30 June.
(2) The approved applicant shall accompany the application for aid for accompanying measures
(a) confirmation of the primary school of the accompanying measures carried out, indicating the number of pupils of the first degree who participated in the accompanying measures;
(b) an inventory of the invoices relating to the accompanying measures carried out during the relevant period referred to in paragraph 1 and paid by the approved applicant on the date on which the application for aid was submitted in accordance with the limit laid down in Article 3 (10) or a document proving the cost of the accompanying measures;
(c) a copy of the statement of work and documents relating to the wage and other costs of the approved applicant relating to the accompanying measure carried out; and
(d) a copy of the bank account statement referred to in Article 3 (4) (b) proving the payment of the invoices for the accompanying measures referred to in (b).
Promotion
(1) The Fund shall ensure that the poster is printed (14) and shall forward it to the authorised applicant.
(2) The approved applicant shall ensure that any primary school with which a product delivery contract is concluded uses a poster of the European School Fruit and Vegetables Scheme in accordance with the directly applicable European Union14).
Specific provisions
Applications under Articles 3 (2), 4 and 4a (1) may not be submitted to the Fund for a period beginning in the school year 2017 / 2018.
Transitional provisions
(1) An application for approval in the 2009 / 2010 school year shall be submitted within 15 days of the date of entry into force of this Regulation. The Fund shall decide on the approval of the application in accordance with the conditions set out in paragraphs 1, 3 and 4 of Section 3.
(2) An applicant approved in accordance with paragraph 1 shall, in the 2009 / 2010 school year, begin to deliver products to schools immediately after the decision on approval has become final. The eligible delivery costs per pupil (15) shall not exceed the limit per pupil for the 2009 / 2010 school year referred to in paragraphs 3 and 5.
(3) The provisional monthly limit per pupil shall be calculated by dividing the total support for the Czech Republic and the total number of children aged 6 to 10 in the Czech Republic, as set out in the directly applicable European Communities7), divided by the number of remaining months of the school year 2009 / 2010, until the limit is set in paragraph 5.
(4) An applicant approved in accordance with paragraph 1 shall submit to the Fund, on a form issued by it, within 30 days of the date on which the decision to approve the number of schools with which the applicant has contracts to supply the products for the school year 2009 / 2010 and the total number of pupils of the first to fifth years of those schools, certified by the authorised person of the school with which the applicant has a contract to supply the products. Part of the information is a statement from the school that for the school year 2009 / 2010 it always receives products from only one approved applicant.
(5) Within 20 days of the date of receipt of the information referred to in paragraph 4 from all approved applicants, the Fund shall notify in writing to each applicant approved under paragraph 1 the limit per pupil for the 2009 / 2010 school year. In setting this limit, the Fund shall be based on the proportion of the total aid fixed for the Czech Republic under the directly applicable regulation of the European Community8) and the number of pupils in the first to fifth years of all schools with which the applicant has a contract for the supply of products resulting from the information referred to in paragraph 4, minus the related costs. 9).
(6) An application for aid under the 2009 / 2010 school year may be submitted by an applicant approved in accordance with paragraph 1 for the first time for the calendar month in which he began the supply of school products in accordance with the limit laid down in paragraphs 3 and 5.
Efficacy
This Regulation shall enter into force on 1 January 2010.
Prime Minister:
Ing. Fischer, CSc.
Minister for Agriculture:
Ing. Shebesta v. r.
Annex to Government Regulation No 478 / 2009 Coll.
Maximum aid per portion
(Paragraph 2 (2))
| Skupina | Druh ovoce a zeleniny | Velikost porce | Maximální výše podpory na porci v Kč*) |
|---|---|---|---|
| I. skupina – ovoce a zelenina uvedených druhů | jablka | 1 ks | 6,76 |
| hrušky | 1 ks | 7,67 | |
| broskve a nektarinky | 1 ks | 9,01 | |
| hroznové víno | minimálně 100 g | 9,48 | |
| meruňky | minimálně 100 g | 11,52 | |
| jahody | minimálně 100 g | 11,56 | |
| švestky | minimálně 100 g | 6,77 | |
| rajčata | minimálně 100 g | 7,49 | |
| mrkev | minimálně 100 g | 5,49 | |
| ředkvičky | minimálně 100 g | 7,24 | |
| papriky | 1 ks | 9,12 | |
| kedlubny | 1 ks | 8,82 | |
| pomeranče | 1 ks | 7,43 | |
| mandarinky | minimálně 100 g | 8,36 | |
| banány | 1 ks | 8,01 | |
| okurky | minimálně 100 g | 7,93 | |
| třešně | minimálně 100 g | 10,76 | |
| II. skupina – ostatní ovoce a zelenina s výjimkou kiwi a ananasu | minimálně 100 g | 8,00 | |
| III. skupina – saláty, kdy se v jednom kelímku či sáčku nachází porcované ovoce anebo zelenina | minimálně 100 g | 15,00 | |
| IV. skupina - balení čerstvého ovoce a zeleniny, kdy se v jednom kelímku či sáčku nachází 3 a více druhů neporcovaného drobného ovoce anebo zeleniny | minimálně 100 g | 10,00 | |
| V. skupina - ovocné a zeleninové šťávy | minimálně 200 ml | 12,00 | |
| VI. skupina - ovocné protlaky | minimálně 100 g | 12,00 |
*) The maximum amount of aid per portion in CZK is excluding value added tax and includes the cost of products and all ancillary costs related to the supply of the portion.
1) Regulation (EU) No 1308 / 2013 of the European Parliament and of the Council of 17 December 2013 establishing a common organisation of the markets in agricultural products and repealing Council Regulations (EEC) No 922 / 72, (EEC) No 234 / 79, (EC) No 1037 / 2001 and (EC) No 1234 / 2007, as amended. Commission Delegated Regulation (EU) 2016 / 247 of 17 December 2015 supplementing Regulation (EU) No 1308 / 2013 of the European Parliament and of the Council with regard to Union aid for the supply and distribution of fruit and vegetables, fruit, vegetables and bananas under the School Fruit and Vegetables Scheme. Commission Implementing Regulation (EU) 2016 / 248 of 17 December 2015 laying down rules for the application of Regulation (EU) No 1308 / 2013 of the European Parliament and of the Council as regards Union aid for the supply and distribution of fruit and vegetables, processed fruit and vegetables and bananas under the School Fruit and Vegetables Scheme and establishing an indicative allocation of aid.
(2) Parts IX to XI of Annex I to Regulation (EU) No 1308 / 2013 of the European Parliament and of the Council.
3) Act No. 561 / 2004 Coll., on pre-school, primary, secondary, higher vocational and other education (Education Act), as amended.
(4) Regulation (EU) No 1308 / 2013 of the European Parliament and of the Council.
6) Article 6 of Commission Delegated Regulation (EU) No 2016 / 247.
7) The Annex to Commission Implementing Regulation (EU) No 2016 / 248.
8) Article 3 of Commission Delegated Regulation (EU) No 2016 / 247.
9) Article 4 (1) (b) of Commission Delegated Regulation (EU) No 2016 / 247.
10) Article 4 (1) of Commission Implementing Regulation (EU) No 2016 / 248.
11) Article 4 (4) of Commission Implementing Regulation (EU) No 2016 / 248.
12) Article 4 (2) of Commission Implementing Regulation (EU) No 2016 / 248.
13) Articles 4 (7) and 5 of Commission Implementing Regulation (EU) No 2016 / 248.
14) Article 10 and the Annex to Commission Delegated Regulation (EU) No 2016 / 247.
15) Article 5 (1) (a) of Commission Regulation (EC) No 288 / 2009.
16) Article 23 (3) of Regulation (EU) No 1308 / 2013 of the European Parliament and of the Council.
17) Article 4 (1) (b) (iii) and Article 4 (5) of Commission Delegated Regulation (EU) No 2016 / 247.
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Regulation Information
| Citation | Government Regulation No. 478 / 2009 Coll., laying down certain conditions for granting aid to children in educational establishments |
|---|---|
| Regulation Type | Regulation |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 31.12.2009 |
|---|---|
| Effective from | 01.01.2010 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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