
COMMISSION REGULATION (EC) No 966/2009 of 15 October 2009 amending Regulation (EC) No 657/2008 laying down rules for applying Council Regulation (EC) No 1234/2007 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 1234/2007 of 22 October 2007 establishing a common organisation of agricultural markets and on specific provisions for certain agricultural products (Single CMO Regulation), and in particular Article 102 in conjunction with Article 4 thereof,
Whereas:

(1) Experience has shown that certain products currently listed in Annex I to Commission Regulation (EC) No 657/2008 are not available on the market in several Member States.

(2) In order to ensure that a wider range of products eligible for aid can be used in Member States, the product list should be extended. As the extension of the products eligible does not entail a change in the parameters for setting out the aid rate, the aid rate for products in Category II should remain unchanged.

(3) Experience has further shown that the definitions of cheese and sweeteners are not comprehensive; therefore those definitions should be changed.

(4) Regulation (EC) No 657/2008 should therefore be amended accordingly.

(5) The Management Committee for the Common Organisation of Agricultural Markets has not delivered an opinion within the time limit set by its Chairman,
HAS ADOPTED THIS REGULATION:

Article 1 
Annex I to Regulation (EC) No 657/2008 is replaced by the text in the Annex to this Regulation.
Article 2 
This Regulation shall enter into force on the day following its publication in the Official Journal of the European Union.
This Regulation shall be binding in its entirety and directly applicable in all Member States.Done at Brussels, 15 October 2009.
For the Commission
Mariann FISCHER BOEL
Member of the Commission
ANNEX


‘ANNEX I LIST OF PRODUCTS ELIGIBLE FOR COMMUNITY AID 
Category I 
 (a) heat-treated milk;
 (b) heat-treated milk with chocolate, fruit juice or flavoured, containing at least 90 % by weight of the milk indicated in point (a) and containing maximum 7 % of added sugar and/or honey;
 (c) fermented milk products with or without fruit juice, flavoured or non-flavoured, containing at least 90 % by weight of the milk indicated in point (a) and containing maximum 7 % of added sugar and/or honey.
Category II 

Flavoured and non-flavoured milk products with fruit, fermented or not, containing at least 75 % by weight of the milk indicated in Category I point (a) and containing maximum 7 % of added sugar and/or honey.
Category III 

Fresh and processed cheeses, containing maximum 10 % of non-lactic ingredients.
Category IV 

Grana Padano cheese and Parmigiano Reggiano cheese.
Category V 

Cheeses, containing maximum 10 % of non-lactic ingredients, and not falling under categories III and IV.

