The Conditions For Support The Consumption Of Milk In The Compulsory School Pupils

Original Language Title: podmínky podpory spotřeby mléka žáky při povinné školní docházce

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Read the untranslated law here: https://portal.gov.cz/app/zakony/download?idBiblio=57797&nr=205~2F2004~20Sb.&ft=txt

205/2004 Sb.



GOVERNMENT REGULATION



of 7 November. April 2004,



establishing the common organisation of the market in milk and milk products

provides more detailed conditions for the granting of the aid and the national consumption aid

milk and milk products to pupils who satisfies the compulsory school attendance in the

schools included in the school network



Change: 128/2005 Sb.



Change: 371/2005 Sb.



Change: 339/2006 Sb.



Change: 211/2007 Sb.



Change: 319/2008 Sb.



Change: 238/2009 Sb.



The Government ordered pursuant to section 2b, paragraph 1. 2 of law No 249/1997 Coll., on

Agriculture, as amended by Act No. 128/2003 Coll.:



§ 1



The subject of the edit



This regulation lays down further to the directly applicable provisions

Of the European communities in the context of the common organisation of the market in milk and

dairy products ^ 1) (hereinafter referred to as "regulation of the European communities") more

conditions for the granting



and grants from the financial resources) of the European Communities (hereinafter referred to as

"support") to the consumption of milk and milk products to pupils in educational establishments) ^ 2

located on the territory of the United States and enrolled in a school

Register ^ 3),



b) grant from the financial resources of the Czech Republic (hereinafter referred to as "the national

support ") to partial compensation for the costs associated with the production and

the distribution of milk and milk products consumption of which pupils ^ 2) in the

schools is supported under this regulation.



§ 2



Purpose of the aid and national aid



(1) aid shall be granted on zpracovatelsky the modified milk and milk

product referred to in the regulation of the European communities ^ 4) and the national support

shall be zpracovatelsky modified milk and milk-based product referred to in

the annex to this regulation, calculated on the volume of milk equivalent ^ 5),

but not more than the quantity laid down in the regulation of the European

community. ^ 6)



(2) a dairy product that is providing support, where appropriate, the national

support, must be



and sold to the pupils of schools) in accordance with price regulation applied by the

a special legal regulation, ^ 7)



(b)) are individually packed in a package marked the inscription "school program",



c) packed so that individual packing of milk product does not exceed these

volume or weight limits



1. zpracovatelsky modified milk or products based on fermented milk

250 ml,



2. yogurt 150 g



3. flavoured and non-flavoured fresh and processed cheeses including tvarohů 80 g



4. flavoured and non-flavoured cheeses other 30 g



5. cream 80 g.



§ 3



Application for approval for the supply of milk products supported



(1) an application for approval for the supply of milk products supported

the pupils of the schools (hereinafter referred to as "request for approval"), shall be submitted to the

agricultural intervention fund (hereinafter referred to as "the Fund") for the released

form, but not later than 30 June 2003. April of the calendar year, if the

the applicant intends to start the supply of milk products to be supported by schools

or school feeding device since the beginning of the school year,

a novice in this calendar year.



(2) the request for approval may, in addition to the bodies established by law

Of the European communities ^ 8) also be made



and a supplier who supplies) supported dairy products to schools,

Alternatively, the school feeding device ^ 9) catering provider

the pupils of the schools,



(b)), a body which, on behalf of one or more legal entities

performing activities of a school or school feeding device or

education authorities supplied supported dairy products, if it was a

this purpose is based.



(3) the application for approval must be in addition to the written commitments pursuant to

Regulation of the European Communities ^ 10) a list of the supported

milk products, which the applicant intends to deliver to schools or facilities

school feeding, produced in accordance with the requirements laid down

Regulation of the European communities law governing food hygiene,

about food and its implementation decree ^ 10a), containing the

each of the supported product



1. name of the product,



2. manufacturer's name (name or first and last name, or

business name, and place of permanent residence or, where appropriate, trade name

company, and address of the registered office),



3. the characteristics of the product, including in particular the base used

raw materials, additives, including any basic auxiliary of the savoury ingredients for

that will include the proportion of added sugar in the preparation,



4. information on the physical and chemical properties of the product, which must

be in accordance with the requirements laid down by the law on foodstuffs and with

by a decree issued in implementation of ^ 10b), accompanied by a protocol issued by the

by an accredited laboratory ^ 11),



5. Description of the packages supported by the product, including the characteristics of the

used packaging,



6. the method of distribution, including storage conditions.



(4) the request for approval must be on,



and in the case of) a legal entity carrying out activities of a school or a device

school feeding, officially a certified copy of the document certifying the establishment of

legal persons,



(b)) in the case of the founder of the school or school feeding device, the list of

legal entities performing activities of a school or school equipment

meals that are established and for which it will supply supported

dairy products,



c) in the case of an entity referred to in paragraph 2 (a). and), proof that it is

an entrepreneur,



d) in the case of an entity referred to in paragraph 2 (a). (b)), the written agreement, which

It authorizes on behalf of one or more legal persons exercising

the activities of the school or school feeding device or their founders

deliver supported dairy products.



(5) If an entity whose application for approval has been previously

granted, it intends to change the range of supplied supported dairy

products, it shall request the Fund issued by the form, but not later than

30 April of the calendar year if it intends to start delivering the new

supported by the dairy product to schools or school equipment

eating from the beginning of the school year, starting in the calendar

year. Part of the change requests of the assortment supplied supported

milk-based products must be supported by the information concerning the new

milk-based product referred to in paragraph 3 (b). (b)). The period laid down in the sentence

the first does not apply, if a request to change the assortment supplied

supported by the milk product that has already been approved by the Agency.



(6) if the entity intends to terminate the supply of one of the supported

milk product or intends to cease delivery of supported

milk products, shall notify this fact immediately to the Fund.



(7) for the purpose of price regulation applied under a special legal

^ Regulation 15a) (§ 2 paragraph 2) says the Fund changes referred to in paragraphs 5 and 6

immediately after the findings of the Ministry of finance.



(8) any entity whose application for approval previously granted, it shall

The Fund prior to the beginning of the relevant period referred to in section 4, paragraph 4. 1 on the form

issued by the Fund of information about any change in the method of distribution

supported by the milk products referred to in the annex to this regulation.



§ 4



The application for the grant of aid and national aid and their payment



(1) an application for the grant of aid, where appropriate, the national aid may be given for

period



and) from 1. January to 31. March of the calendar year,



(b)), from 1. April 30. June of the calendar year,



(c)), from 1. September until 31 December 2006. December of the calendar year.



(2) an application for the grant of aid, where appropriate, national aid serves

entity whose application for approval referred to in paragraph 3, the Fund was granted on

lished a form after the end of the period referred to in paragraph 1 (hereinafter referred to

"the relevant period"), within the period prescribed by a regulation of the European

community. ^ 16)



(3) the application for the grant of aid, where appropriate, national support

must be



and an overview of each of the species) of the supplied supported dairy

products for the period and the quantities thereof, including the prices of these

products, data that identifies the person carrying out the activity of the school or

school feeding device, the number of pupils, for which aid is requested

the granting of aid, where appropriate, national support in the relevant period,

information about how to distribute supported dairy products; referred to

data shall be submitted in paper and electronic format,



(b) a copy of the contracts for the supply of) supported the dairy closed

between the applicant for the grant of aid, where appropriate, national aid and the person

performing activities of the school or school feeding device,

contracts and applicable during the relevant period to which the

the request for the grant of aid, where appropriate, national support, and

a copy of the applicable document on establishment and operation of schools or

the educational establishment,



(c)) an inventory of the invoices that have been paid on the date of application for the

the granting of aid, where appropriate, national support, on a form issued by the

Fund.



(4) national aid shall be granted under the same conditions as the support by

Regulation of the European communities ^ 18).



(5) any entity whose application for approval has been granted pursuant to § 3, to

the 25th day of each calendar month the Fund, in the documentary

and electronic format, information on the supply of the supported dairy


products to schools or school feeding device, to the extent that

the Fund issued by the sžádosti to grant support, where appropriate,

national support.



(6) when a termination of the contract for the supply of supported dairy

products, concluded between the entity whose application for approval under section 3

was granted and the person performing the activities of the school or facility

school feeding, it shall communicate this fact to the body indicated the Fund

no later than 30 days from the date of termination of the contract.



(7) the information referred to in paragraph 5 shall communicate without delay to the Fund after their

the findings in accordance with the specific legislation 19) Ministry of ^ ^

Agriculture.



(8) If the person is not engaged in the activities of the school or the device

school feeding by an approved body for the delivery of supported

dairy products may be taken in any one of the relevant period,

covered by the application for the grant of aid, where appropriate, the national

support supported dairy products only from one entity

approved pursuant to section 3.



§ 5



Transitional provisions



(1) in the calendar year 2004 are periods to which you can apply for

the granting of aid, where appropriate, national support, this:



and) from 1. May to 30. June 2004,



(b)), from 1. September until 31 December 2006. December, 2004.



(2) the rates of national aid for the period from 1 January 2005. May 2004 to 30 June 2005. June

2005 are listed in annex 1 to this regulation.



(3) the 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 the existing

legislation.



§ 6



Regulation (EEC)



Regulation of the Government No. 90/2001 Coll., laying down the conditions and

the policy for the provision of programme support increase in consumption zpracovatelsky

the modified milk and milk products selected pupils subject to compulsory

school attendance (about supporting the increase in consumption of selected dairy products

pupils).



§ 7



The effectiveness of the



This Regulation shall enter into force on the date of the Treaty of accession of the Czech

Republic to the European Union in force, with the exception of paragraph 3, which

shall take effect on the day of its publication, and the provisions of § 2 (2). 3 (b). (b)),

which shall take effect on 1 January 2000. September 2004.



Prime Minister:



PhDr. In r.



Minister of agriculture:



Ing. Palas in r.



Annex



the title launched

--------------------------------------------------- ---------------------------------------

Product volume/rate of national support

weight in EUR/PCs

1 PCs Pack

------------------------------------

The Normal Distribution

distribucez milk

vending machines

--------------------------------------------------- ---------------------------------------

1. NON-FLAVOURED MILK, heat-treated 250 ml 3, 204, 30

---------------------------------------

200 ml 2, 904, 00

--------------------------------------------------- ---------------------------------------

2. milk-FLAVOURED 250 ml according to annex 2, 803, 90

to the Commission Regulation (EC) No 657/2008,---------------------------------------

in the current version of the 200 ml 2, 503, 60

--------------------------------------------------- ---------------------------------------

3. heat-treated MILK flavoured, other 250 ml 4, 005, 10

---------------------------------------

200 ml 3, 504, 60

--------------------------------------------------- ---------------------------------------

4. YOGURT, according to the annex to Commission Regulation (EC) 150 g 3, 404, 50

No 657/2008, as amended

--------------------------------------------------- ---------------------------------------

5. the YOGURT the OTHER 150 g 4, 205, 30

--------------------------------------------------- ---------------------------------------

6. PRODUCTS BASED on FERMENTED MILK by 250 ml 3, 905, 00

the annex to Commission Regulation (EC) No 657/2008,---------------------------------------

in the current version of the 200 ml 3, 304, 40

--------------------------------------------------- ---------------------------------------

7. FERMENTED MILK-BASED PRODUCTS other 250 ml 5, 006, 10

---------------------------------------

200 ml 4, 205, 30

--------------------------------------------------- ---------------------------------------

8. Fresh and processed cheeses provided for in annex 30 g 4, 205, 30

to the Commission Regulation (EC) No 657/2008,

as amended

--------------------------------------------------- ---------------------------------------

9. FRESH CHEESES other 80 g 5, 406, 50

--------------------------------------------------- ---------------------------------------

10. CREAM 80 g 4, 005, 10

--------------------------------------------------- ---------------------------------------



Annex 1



cancelled



Annex 2



cancelled



Selected provisions of the novel



Article II of the Government Regulation No. 127/2005 Coll.



Transitional provisions



1. Legal relationships arising before the date of entry into force of this regulation

the Government and the rights and obligations resulting from them are assessed according to the

the existing legislation.



2. the rate of national support for the period from 1. July 2005 to 30 June 2005. June

2006 are listed in annex 2 to the regulation of the Government No. 204/2004 Coll., on

the version in force from the date of entry into force of this regulation of the Government.



Article. (II) Decree-Law No. 371/2005 Sb.



paid



Transitional provision



Legal relationships arising in the beginning of the school year 2005/2006 shall be governed by

the existing legislation. According to Government Regulation No. 204/2004 Coll.

establishing the common organisation of the market in milk and milk products

provides more detailed conditions for the granting of the aid and the national consumption aid

milk and milk products to pupils who satisfies the compulsory school attendance in the

schools included in the school network, as amended by this regulation, shall

for the first time since the beginning of the school year 2005/2006.



Article II of Decree-Law No 339/2006 Sb.



Transitional provision



Legal relationships arising before the date of entry into force of this regulation,

assessed according to the existing legislation.



Article II of Decree-Law No. 211/2007 Sb.



Transitional provision



Legal relationships arising before the date of entry into force of this regulation,

assessed according to the existing legislation.



Article. (II) Act No. 319/2008 Sb.



Transitional provisions



1. Legal relationships arising before the date of entry into force of this regulation,

assessed according to the existing legislation.



2. An applicant who intends to deliver supported dairy products to schools or

school feeding device in the period of the school year 2008/2009, shall submit to the

The national agricultural intervention fund request pursuant to § 3 (2). 1 and 5

Government Regulation No. 204/2004 Coll., as amended by Decree-Law No 128/2005 Sb.

and Decree-Law No 339/2006 Coll., by 15. December 2008.



Article. (II) Decree-Law No. 238/2009 Sb.



Transitional provisions



1. Legal relationships arising before the date of entry into force of this regulation,

assessed according to the existing legislation.



2. A person who, in the period of the school year 2009/2010, intends to deliver

supported dairy products to schools or school feeding devices from

September 1, 2009, submit to the State agricultural intervention fund request

According to § 3 (2). 1 and 5 of Decree-Law No 209/2004 Coll., in the version in force

from the date of entry into force of this regulation, no later than 15. August 2009.

3. A person who, in the period of the school year 2009/2010, intends to deliver

supported dairy products to schools or school feeding devices from

January 1, 2010, submit to the State agricultural intervention fund

the request pursuant to § 3 (2). 1 and 5 of Decree-Law No 209/2004 Coll., as amended by

effective from the date of entry into force of this regulation, no later than 15.

November 2009.



1) Council Regulation (EC) No 1234/2007 of 22 March. October 2007 establishing a

common organisation of markets and on specific provisions for certain

agricultural products (single CMO Regulation), in

as amended.



1) Council Regulation (EC) No 1234/2007 of 22 March. October 2007 establishing a

common organisation of markets and on specific provisions for certain

agricultural products (single CMO Regulation), in

as amended. Commission Regulation (EC) No 657/2008 of 10 June 1999. July

2008 laying down detailed rules for the application of Council Regulation (EC) No.

1234/2007 as regards Community aid for supplying milk and

certain milk products to pupils in educational establishments.



.



2) Article. 2 Commission Regulation (EC) No 657/2008.



3) Act No. 561/2004 Coll. on pre-school, primary, secondary, higher

vocational and other education (the Education Act), as amended

regulations.



4) Article. 3 and the annex to Commission Regulation (EC) No 657/2008.



5) Article. 5 (3). 2 Commission Regulation (EC) No 657/2008.



6) Article. paragraph 102. 4 Council Regulation (EC) No 1234/2007.



7) section 5 of the Act No. 526/1990 Coll., on prices.



8) Article. 6 (1). 2 (a). a) and b) of Commission Regulation (EC) No 657/2008.




9) § 119 of the Act No. 561/2004 Coll.



10) Article. 8 and 9 of Commission Regulation (EC) No 657/2008



10A) Regulation of the European Parliament and of the Council (EC) No 852/2004 of 29 April 2004.

April 2004 on the hygiene of foodstuffs, as amended, and regulation of the European

Parliament and of the Council (EC) No 853/2004 laying down specific

hygiene rules for food of animal origin, as amended.



Act No. 110/1997 Coll. on foodstuffs and tobacco products and about the change and

certain related laws, as amended.



Decree No. 77/2003 Coll., laying down the requirements for milk and milk

products, frozen creams and edible oils and fats, as amended

regulations.



10B) Act No. 110/1997 Coll., as amended.



Decree No. 77/2003 Coll., as amended.



11) European Parliament and Council Regulation (EC) no 765/2008 of 9 July.

July 2008 setting out the requirements for accreditation and supervision of

market related to the marketing of products and repealing Regulation

(EEC) No 339/93, as amended.



15A) Act No. 526/1990 Coll. Article. 14 Commission Regulation (EC) No 657/2008.



16) Article. 11 (1) 3 of Commission Regulation (EC) No 657/2008.



17) Article. 2 (2). 3 of Commission Regulation (EC) No 2707/2000.



Article 17a). 2, 8, 9, and 11 of Commission Regulation (EC) No 2707/2000.



18) Article. 12 paragraph 1. 2 Commission Regulation (EC) No 657/2008.



19) Act No. 257/2000 Coll., as amended.