Commission Regulation (EC) No 816/2004 of 29 April 2004 amending Regulation (EC) No 2707/2000 laying down rules for applying Council Regulation (EC) No 1255/1999 as regards Community aid for supplying milk and certain milk products to pupils in educational establishments
Date: 2004-04-29
Institutions: European Commission
Subjects: EU aid, aid recipient, educational institution, milk, milk product, terms for aid

30.4.2004 

EN 

Official Journal of the European Union 

L 153/19 

COMMISSION REGULATION (EC) No 816/2004 

of 29 April 2004 

amending Regulation (EC) No 2707/2000 laying down rules for applying Council 
Regulation (EC) No 1255/1999 as regards Community aid for supplying milk and certain 
milk products to pupils in educational establishments 

THE COMMISSION OF THE EUROPEAN COMMUNITIES, 

Having regard to the Treaty establishing the European Community, 

Having  regard  to  Council  Regulation  (EC)  No  1255/1999  of  17  May  1999  on  the  common 
organisation of the market in milk and milk products1, and in particular Article 15 and Article 

47, second indent thereof, 

Whereas: 

(1) 

(2) 

(3) 

(4) 

1 

2 

During stays at holiday camps pupils are not authorised to benefit from the aid granted 
in  accordance  with  Commission  Regulation  (EC)  No 2707/20002.  In  order  to  clarify 
the application of this provision  it should be stressed that pupils should benefit from 
the  aid  during  school  days.  Moreover,  the  total  number  of  school  days  should  be 
confirmed  by  the  educational  authority  or  by  the  educational  establishment  of  each 
Member State, excluding holidays. 

In  order  to  ensure  that  the  products  eligible  for  an  aid  under  Regulation  (EC)  No 
2707/2000 offer a high level of health protection, those products should be prepared in 
line with the requirements laid down in Council Directive 92/46/EEC of 16 June 1992 
laying down the health rules for the production and placing on the market of raw milk, 
heat-treated milk and milk-based products, and carry the health mark required by that 
Directive.  

 In view of the accession of new Member States certain new products should be made 
eligible, taking into account of the need to ensure market balance and of consumption 
habits  in  those  Member States.  The  aid  rates  should  be  fixed  taking into  account  the 
value of the milk components of those products. 

transitional  provision  should  be 

A 
to  facilitate  national 
administrations  and  those  charged  with  implementing  the  scheme  to  process  the  aid 
payments in an appropriate manner in the case of a change in the aid rate at the end of 
the school year 2003/2004. 

in  order 

included 

OJ L 160, 26.6.1999, p. 48. Regulation as last amended by Regulation (EC) No 1787/2003 (OJ L 270, 
p. 121) 
OJ L 311, 12.12.2000, p. 37. Regulation as last amended by Regulation (EC) No 1787/2003 (OJ L 270, 
p. 122) 

                                                 
(5) 

(6) 

(7) 

(8) 

In  order  to  simplify  administrative  work  of  the  Member  States,  the  calculation  of 
entitlement for the aid on the basis of applicant's roll should be made possible where 
the aid is applied by the supplier of the products or by organisation acting on behalf of 
one or more schools or education authorities.   

The  maximum  prices  set  by  the  Member  States,  which  may  be  paid  by  the 
beneficiaries  are  transmitted  to  the  Commission  for  monitoring  purposes.  The 
periodicity of such communications should be specified. 

Regulation (EC) No 2707/2000 provides for reporting of quantities subsidised but not 
for reporting maximum permissible quantities. The latter should be made available in 
order to assess take-up of the scheme. 

To  ensure  uniform  application  of  the  aid  scheme,  it  should  be  clarified,  as  regards 
fresh  cheese,  that  only  non-flavoured  cheese  is  eligible  to  the  aid.  .  The  annex  to 
Regulation  (EC)  No 2707/2000  should 
the 
application of the amended provision should follow the change of school year. 

therefore  be  amended.  However, 

(9) 

Regulation (EC) No 2707/2000 should therefore be amended accordingly. 

(10)  The Management Committee for Milk and Milk Products has not delivered an opinion 

within the time limit set by its chairman,  

HAS ADOPTED THIS REGULATION: 

Article 1 

Regulation (EC) No 2707/2000 is amended as follows: 

(1) 

Article 2(2) is replaced by the following: 

“2.  The beneficiaries specified in paragraph 1 shall benefit from the aid during all 
school  days.  The  total  number  of  school  days  shall  be  confirmed  by  the 
educational  authority  or  by  the  educational  establishment  excluding  holidays.  
Pupils shall not benefit from the aid during stays at holiday camps organised by 
the establishment or its education authority.” 

(2) 

 Article 3 is amended as follows: 

(a)  Paragraphs 1 and 2 are replaced by the following: 

“1.  Member States shall pay the aid on the Category I and V products listed 

in the Annex I 

2.   Member States may pay the aid on products of categories II, III, IV and 

VI to XII listed in Annex I.” 

(b)  Paragraph 4 is replaced by the following: 

2 

 
  
 
 
 “4.   Member  States  may  authorise  the  addition  of  a  maximum  of  5  mg  of 

fluorine per kilogram to Category I to VII products.” 

(c)  The following paragraph 6 is added: 

“6. 

 An aid shall only be granted on the products listed in the Annex I to this 
Regulation  if  the  products  comply  with    the  requirements  of  Council 
Directive  92/46/EEC**,  and  in  particular  the  requirements  concerning 
preparation  in  an  approved  establishment  and  the  health  marking  
requirements specified at A in Chapter IV of Annex C of that Directive. 

** OJ L 268, 14.09.1992 ” 

(3) 

Article 4 is amended as follows: 

(a) Paragraph 1 is replaced by the following:  

“1.  The aid rates for the periods from 1 May 2004 to 30 June 2004, from 1 
July  2004  to  30  June  2005,  from  1  July  2005  to  30  June  2006,  from  1 
July 2006 to 30 June 2007 and from 1 July 2007 on are set out in Annex 
II to this Regulation” 

(b) Paragraph 3 is replaced by the following: 

“3. 

If  an  aid  rate  in  euro  is  altered,  the  rate  in  force  on  the  first  day  of  the 
month shall apply to all quantities supplied during that month. 

However, for school year 2003/2004, the aid rate in force on the first day 
of June may be applied during the month of July if a school year of the 
Member State ends in July.” 

(4) 

Article 5 is replaced by the following: 

“Article 5 

1.  

In order to comply with the maximum 0.25 litre quantity referred to in Article 
14(4) of Regulation (EC) No 1255/1999, the total quantity of milk products for 
which  there  is  entitlement  to  the  aid  during  the  period  covered  by  an 
application shall be calculated on the basis of the number of pupils entered on 
the  establishment’s  roll,  or  in  the  cases  of  application  of  Article  6(2)  (c)  and 
(d), on the basis of applicant’s roll. 

2. 

For products of categories VIII to XII listed in Annex I the calculation shall use 
the following equivalences: 

a) category VIII: 100 kg = 300 kg of whole milk 

b) category IX: 100 kg = 765 kg of whole milk 

c) category X: 100 kg = 850 kg of whole milk 

3 

 
  
 
 
d) category XI: 100 kg = 935 kg of whole milk. 

e) category XII: 100 kg = 750 kg of whole milk” 

(5) 

Article 14(1) is replaced by the following: 

“1.  Member States  shall  take  whatever  action  is  necessary  to  ensure  that  the 

amount of the aid is duly reflected in the price paid by the beneficiary. 

To this end they shall set maximum prices to be paid by pupils for the various 
products  listed  in  Annex  I  that  are  distributed  on  their  territory.  The  Member 
State shall fix the maximum prices at the beginning of each school year, or, by 
1  October  at  the  latest.  In  the  cases  where  the  Member  States  provide  these 
products free of charge, the maximum prices need not to be fixed.” 

(6) 

Article 15(2) is replaced by the following: 

(a) Point (a) is replaced by the following: 

 “(a)  the quantities on which aid has been paid during the previous school year 

as well as maximum permissible quantity”; 

(b) The following point c) is added: 

“(c)  The  maximum  prices  referred  to  in  the  second  subparagraph  of 
Article 14(1)  for  the  current  school  year  with  evidence  in  support  of 
them.” 

(7) 

(8) 

The Annex is replaced by the Annex I to this Regulation. 

The text set out in Annex II to this Regulation is added as Annex II. 

This Regulation shall enter into force on the third day following that of its publication in the 

Article 2 

Official Journal of the European  Union. 

It shall apply from 1 May 2004.  

However aid granted to flavoured fresh cheese under Category VI of the Annex to Regulation 

(EC) No 2707/2000, before the date of application of the present Regulation, may continue to 

be granted until 31 August 2004. 

This Regulation shall be binding in its entirety and directly applicable in all Member States. 

4 

 
  
 
 
Done at Brussels, 29 April 2004. 

For the Commission 
 Franz FISCHLER 
Member of the Commission 

5 

 
  
 
 
 
 
ANNEX I 

List of products eligible for Community aid 

Category I 

a)  heat-treated  whole  milk  which,  with  respect  to  fat  content,  meets  the  requirements 

provided for in Article 3(1)b of Regulation (EC) 2597/97 

b)  heat-treated whole milk flavoured with chocolate or otherwise, containing at least 90% by 

weight of  milk indicated at a)  

c)  whole milk yoghurt processed from milk indicated at a)  

Category II 

a)  heat-treated milk with a 3% minimum fat content 

b)  heat-treated  milk  flavoured  with  chocolate  or  otherwise,  containing  at  least  90%  by 

weight of the milk indicated at a) 

c)  Piimä/filmjölk or yoghurt processed from milk indicated at a)  

Category III 

a)   heat-treated milk with a 2.5% minimum fat content 

b)   heat-treated  milk  flavoured  with  chocolate  or  otherwise,  containing  at  least  90%  by 

weight of the milk indicated at a) 

c)   yoghurt processed from milk indicated at a)  

Category IV 

a)   heat-treated milk with a 2.0% minimum fat content 

b)   heat-treated  milk  flavoured  with  chocolate  or  otherwise,  containing  at  least  90%  by 

weight of the milk indicated at a) 

c)   yoghurt processed from milk indicated at a)  

6 

 
  
 
 
Category V 

a)  heat-treated  semi-skimmed  milk,  which,  with  respect  to  fat  content,  meets  the 

requirements provided for in Article 3(1)c of Regulation (EC) 2597/97  

b)  heat-treated  semi-skimmed  milk  flavoured  with  chocolate  or  otherwise,  containing  at 

least 90% by weight of semi-skimmed milk indicated at a) 

c)  semi-skimmed milk yoghurt processed from milk indicated at a)   

d)  Piimä/fil with a 1.5% minimum fat content 

Category VI 

a)  heat-treated milk with a 1% minimum fat content 

b)  heat-treated  milk  flavoured  with  chocolate  or  otherwise,  containing  at  least  90%  by 

weight of the milk indicated at a) 

c)   yoghurt processed from milk indicated at a) 

Category VII 

a)  heat-treated  skimmed  milk,  which,  with  respect  to  fat  content,  meets  the  requirements 

provided for in Article 3(1)d of Regulation (EC) 2597/97 

b)  heat-treated skimmed milk flavoured with chocolate or otherwise, containing at least 90% 

by weight of milk  indicated at a) 

c)  Skimmed milk yoghurt processed from milk indicated at a)  

d)  Piimä/fil with a less than 1.5% fat content 

7 

 
  
 
 
 
 
 
 
 
 
Category VIII 

Non-flavoured3 fresh and processed cheeses with a fat content by weight in the dry matter of 

at least 40% 

Category IX 

Cheeses other than fresh and processed, with a fat content by weight in the dry matter of at 

least 45% 

Category X 

Grana Padano cheese 

Category XI 

Parmigiano-Reggiano cheese 

Category XII 

Halloumi cheese. 

3 

For  the  purpose  of  this  category,  non-flavoured  cheese  shall  mean  cheese  exclusively  derived  from 

milk,  it  being  accepted  that  substances  necessary  for  their  manufacture  may  be  added,  provided  that  these 
substances are not used to replace in part or in whole any milk constituent.  

8 

 
  
 
 
 
 
 
 
 
 
 
 
 
 
                                                 
A.  

Aid rates for the period from 1.5.2004 to 30.6.2004: 

ANNEX II 

a) €23.24/100kg for category I products 

b) €21.82/100kg for category II products 

c) €20.41/100kg for category III products 

d) €19.00/100kg for category IV products 

e) €17.58/100kg for category V products 

f) €16.17/100kg for category VI products 

g) €13.34/100kg for category VII products 

h) €69.72/100kg for category VIII products 

i) €177.79/100kg for category IX products 

j) €197.54/100kg for category X products 

k) €217.29/100kg for category XI products 

l) €174.30/100kg for category XII products” 

B. 

Aid rates for the period from 1.7.2004 to 30.6.2005: 

a) €21.69/100kg for category I products 

b) €20.39/100kg for category II products 

c) €19.08/100kg for category III products 

d) €17.78/100kg for category IV products 

e) €16.47/100kg for category V products 

f) €15.17/100kg for category VI products 

g) €12.56/100kg for category VII products 

h) €65.07/100kg for category VIII products 

i) €165.93/100kg for category IX products 

j) €184.37/100kg for category X products 

k) €202.80/100kg for category XI products 

l) €162,68/100kg for category XII products” 

9 

 
  
 
 
C. 

Aid rates for the period from 1.7.2005 to 30.6.2006: 

a) €20.16/100kg for category I products 

b) €18.95/100kg for category II products 

c) €17.76/100kg for category III products 

d) €16.57/100kg for category IV products 

e) €15.39/100kg for category V products 

f) €14.17/100kg for category VI products 

g) €11.78/100kg for category VII products 

h) €63.48/100kg for category VIII products 

i) €161.87/100kg for category IX products 

j) €179.86/100kg for category X products 

k) €197.85/100kg for category XI products 

l) €158.70/100kg for category XII products” 

 D. 

Aid rates for the period from 1.7.2006 to 30.6.2007: 

a) €18.61/100kg for category I products 

b) €17.52/100kg for category II products 

c) €16.43/100kg for category III products 

d) €15.34/100kg for category IV products 

e) €14.25/100kg for category V products 

f) €13.16/100kg for category VI products 

g) €10.97/100kg for category VII products 

h) €55.83/100kg for category VIII products 

i) €142.37/100kg for category IX products 

j) €158.19/100kg for category X products 

k) €174.00/100kg for category XI products 

l) €139.58/100kg for category XII products” 

10 

 
  
 
  
  
E. 

Aid rates for the period from 1.7.2007 on 

a) €18.15/100kg for category I products 

b) €17.12/100kg for category II products 

c) €16.10/100kg for category III products 

d) €15.07/100kg for category IV products 

e) €14.04/100kg for category V products 

f) €13.01/100kg for category VI products 

g) €10.96/100kg for category VII products 

h) €54.45/100kg for category VIII products 

i) €138.85/100kg for category IX products 

j) €154.28/100kg for category X products 

k) €169.70/100kg for category XI products 

l) €136.13/100kg for category XII products” 

11