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COUNCIL REGULATION ( EEC ) NO 1080/77

OF 17 MAY 1977

ON THE SUPPLY OF MILK AND CERTAIN MILK PRODUCTS AT REDUCED PRICES TO SCHOOLCHILDREN

THE COUNCIL OF THE EUROPEAN COMMUNITIES ,

HAVING REGARD TO THE TREATY ESTABLISHING THE EUROPEAN ECONOMIC COMMUNITY ,

HAVING REGARD TO COUNCIL REGULATION ( EEC ) NO 804/68 OF 27 JUNE 1968 ON THE COMMON ORGANIZATION OF THE MARKET IN MILK AND MILK PRODUCTS ( 1 ) , AS LAST AMENDED BY REGULATION ( EEC ) NO 559/76 ( 2 ) , AND IN PARTICULAR TO THE SECOND PARAGRAPH OF ARTICLE 26 THEREOF ,

HAVING REGARD TO THE PROPOSAL FROM THE COMMISSION ,

WHEREAS , PURSUANT TO THE SECOND PARAGRAPH OF ARTICLE 26 OF REGULATION ( EEC ) NO 804/68 , IT MAY BE DECIDED TO MAKE A COMMUNITY CONTRIBUTION TO THE FINANCING OF PROGRAMMES FOR THE SUPPLY , AT REDUCED PRICES TO SCHOOLCHILDREN , OF MILK PRODUCTS FALLING WITHIN HEADING NO 04.01 OR 22.02 OF THE COMMON CUSTOMS TARIFF , PROVIDED THAT THESE PROGRAMMES FULFIL CERTAIN CONDITIONS ;

WHEREAS , IN VIEW OF THE SITUATION ON THE MARKETS IN MILK PRODUCTS AND IN ORDER TO WIDEN SALES OPPORTUNITIES THEREFOR , THE INTRODUCTION OF SUCH PROGRAMMES SHOULD BE ENCOURAGED AND A COMMUNITY CONTRIBUTION MADE TO THEIR FINANCING ; WHEREAS , TO GIVE THE MEASURE MAXIMUM EFFECTIVENESS , THE BENEFICIARIES , THE MAXIMUM DAILY QUANTITY AND THE TYPES OF PRODUCT DISTRIBUTED SHOULD BE LAID DOWN AT COMMUNITY LEVEL ;

WHEREAS THE COMMUNITY OUTLAY SHOULD BE MATCHED BY A SUBSTANTIAL CONTRIBUTION IN THE MEMBER STATES , WHETHER FROM THE NATIONAL BUDGET OR FROM THE BUDGETS OF THE LOCAL OR REGIONAL AUTHORITIES CONCERNED ;

WHEREAS , FOR THE PURPOSES OF FINANCING THE COMMUNITY CONTRIBUTION , THIS MEASURE SHOULD BE INCLUDED AMONG THOSE REFERRED TO IN ARTICLE 4 OF REGULATION ( EEC ) NO 1079/77 OF 17 MAY 1977 ON A CO-RESPONSIBILITY LEVY AND ON MEASURES FOR EXPANDING THE MARKETS IN MILK AND MILK PRODUCTS ( 3 ) ,

HAS ADOPTED THIS REGULATION :

ARTICLE 1

1 . FROM THE START OF THE 1977/78 MILK YEAR THE COMMUNITY SHALL CONTRIBUTE FOR A PERIOD OF AT LEAST FIVE YEARS TO FINANCING MEMBER STATES " PROGRAMMES FOR SUPPLYING MILK AND CERTAIN MILK PRODUCTS AT REDUCED PRICES TO SCHOOLCHILDREN .

2 . IN THE CASE OF WHOLE MILK , THE COMMUNITY CONTRIBUTION SHALL BE EQUAL TO 50 % OF ITS TARGET PRICE .

THE CONTRIBUTION FOR OTHER MILK PRODUCTS SHALL BE DETERMINED IN ACCORDANCE WITH THE PROCEDURE REFERRED TO IN ARTICLE 4 AND SHALL NOT BE LESS THAN THAT FIXED FOR WHOLE MILK , TAKING INTO ACCOUNT THE FAT CONTENT OF THE PRODUCT IN QUESTION .

ARTICLE 2

THE COMMUNITY CONTRIBUTION SHALL BE SUBJECT TO THE FOLLOWING CONDITIONS :

1 . THE PROGRAMME SHALL BE DRAWN UP AND IMPLEMENTED BY THE MEMBER STATE OR BY A REGIONAL OR LOCAL AUTHORITY .

2 . THE BENEFICIARIES OF THE PROGRAMME SHALL BE SCHOOLCHILDREN TO BE DEFINED IN ACCORDANCE WITH THE PROCEDURE REFERRED TO IN ARTICLE 4 .

3 . THE COMMUNITY CONTRIBUTION REFERRED TO IN ARTICLE 1 ( 2 ) SHALL RELATE ONLY TO WHOLE MILK AND CHOCOLATEFLAVOURED WHOLE MILK WHICH HAVE BEEN PASTEURIZED OR SUBJECTED TO A UHT PROCESS , AND YOGHOURT FALLING WITHIN HEADING NO 04.01 OF THE COMMON CUSTOMS TARIFF . OTHER REQUIREMENTS , IN PARTICULAR AS REGARDS THE QUALITY AT THE TIME OF DISTRIBUTION , AND DEROGATIONS IN CONNECTION WITH THE ABOVEMENTIONED PROCESSING OF THE MILK MAY BE ADOPTED IN ACCORDANCE WITH THE PROCEDURE REFERRED TO IN ARTICLE 4 . THIS PROCEDURE MAY ALSO BE USED TO INCLUDE SEMI-SKIMMED MILK ON THE LIST OF PRODUCTS DISTRIBUTED .

4 . THE MILK SUPPLIED TO THE SCHOOL SHALL NOT AMOUNT TO MORE THAN 0,25 LITRE PER PUPIL PER SCHOOLDAY .

HOWEVER , THIS MAXIMUM MAY BE INCREASED IN ACCORDANCE WITH THE PROCEDURE REFERRED TO IN ARTICLE 4 WHERE THE TYPE OF SCHOOL CONCERNED ENABLES ANY CHANGE IN THE DESTINATION OF THE PRODUCTS SUPPLIED AT REDUCED PRICES TO BE AVOIDED .

5 . THE FINANCIAL CONTRIBUTION OF THE PUBLIC AUTHORITIES IN THE MEMBER STATES SHALL BE AT LEAST 50 % OF THAT OF THE COMMUNITY .

SUBJECT TO CONDITIONS TO BE DETERMINED IN ACCORDANCE WITH THE PROCEDURE REFERRED TO IN ARTICLE 4 , THAT CONTRIBUTION MAY CONSIST OF A GRANT TOWARDS PROVIDING SCHOOLS WITH THE EQUIPMENT NECESSARY TO STORE AND DISTRIBUTE THE MILK .

ARTICLE 3

FOR THE PURPOSES OF FINANCING THE COMMUNITY CONTRIBUTION , THIS MEASURE SHALL BE INCLUDED AMONG THOSE REFERRED TO IN ARTICLE 4 OF REGULATION ( EEC ) NO 1079/77 .

ARTICLE 4

DETAILED RULES FOR THE APPLICATION OF THIS REGULATION SHALL BE ADOPTED IN ACCORDANCE WITH THE PROCEDURE LAID DOWN IN ARTICLE 30 OF REGULATION ( EEC ) NO 804/68 .

THIS REGULATION SHALL BE BINDING IN ITS ENTIRETY AND DIRECTLY APPLICABLE IN ALL MEMBER STATES .

DONE AT BRUSSELS , 17 MAY 1977 .

FOR THE COUNCIL

THE PRESIDENT

J . SILKIN

( 1 ) OJ NO L 148 , 28 . 6 . 1968 , P . 13 .

( 2 ) OJ NO L 67 , 15 . 3 . 1976 , P . 9 .

( 3 ) SEE PAGE 6 OF THIS OFFICIAL JOURNAL .