Commission Delegated Regulation (EU) 2017/40Show full title

Article 6 U.K. Conditions for approval of aid applicants

1. Aid applicants shall be approved by the [F1 relevant authority] in which the educational establishment to which the products are supplied and/or distributed is located. Approval shall be subject to the following written commitments made by the applicants:

(a) to ensure the products financed by [F2 school scheme aid] are made available for consumption by the children in educational establishment or establishments in respect of which they will apply for aid;

(b) to use the aid allocated for accompanying educational measures, monitoring, evaluation, and publicity, in accordance with the objectives of the school scheme;

(c) to reimburse any aid unduly paid for the quantities concerned, if it has been found that the products have not been distributed to the children or are not eligible for [F3 school scheme] aid;

(d) to reimburse any aid unduly paid for accompanying educational measures, monitoring, evaluation, publicity measures, if it has been found that those measures or activities have not been properly carried out;

(e) to make supporting documents available to the [F4 relevant] authority on request;

(f) to permit the [F5 relevant] authority to conduct any necessary checks, in particular the scrutiny of records and physical inspection.

Where applications for aid concern activities subject to public procurement procedures, [F6 the relevant authority] may consider approval as granted where the commitments set out at the first subparagraph are included in the conditions for participating in the public procurement procedures.

2. In the case of aid applications relating to the supply and/or distribution of products only, points (b) and (d) of paragraph 1 shall not apply. Applicants shall make an additional written commitment to keep a record of the names and addresses of the educational establishments or educational authorities in receipt of their products and a record of the quantities of the specific products sold or supplied.

3. In the case of aid applications relating to accompanying educational measures only, points (a) and (c) of paragraph 1 shall not apply. [F7 The relevant authority] may specify any additional written commitments to be undertaken by applicants, in particular as regards:

(a) accompanying educational measures carried out in schools, when those schools are not aid applicants;

(b) accompanying educational measures that include the distribution of products.

4. In the case of aid applications relating to monitoring, evaluation and publicity only, points (a) and (c) of paragraph 1 shall not apply.

F8 5. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F1 Words in Art. 6(1) substituted (31.12.2020) by The Common Organisation of the Markets in Agricultural Products and Common Agricultural Policy (Miscellaneous Amendments etc.) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/1422), regs. 1, 12(6)(a)(i)(aa); 2020 c. 1, Sch. 5 para. 1(1)

F2 Words in Art. 6(1)(a) substituted (31.12.2020) by The Common Organisation of the Markets in Agricultural Products and Common Agricultural Policy (Miscellaneous Amendments etc.) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/1422), regs. 1, 12(6)(a)(i)(bb); 2020 c. 1, Sch. 5 para. 1(1)

F3 Words in Art. 6(1)(c) substituted (31.12.2020) by The Common Organisation of the Markets in Agricultural Products and Common Agricultural Policy (Miscellaneous Amendments etc.) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/1422), regs. 1, 12(6)(a)(i)(cc); 2020 c. 1, Sch. 5 para. 1(1)

F4 Word in Art. 6(1)(e) substituted (31.12.2020) by The Common Organisation of the Markets in Agricultural Products and Common Agricultural Policy (Miscellaneous Amendments etc.) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/1422), regs. 1, 12(6)(a)(i)(dd); 2020 c. 1, Sch. 5 para. 1(1)

F5 Word in Art. 6(1)(f) substituted (31.12.2020) by The Common Organisation of the Markets in Agricultural Products and Common Agricultural Policy (Miscellaneous Amendments etc.) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/1422), regs. 1, 12(6)(a)(i)(dd); 2020 c. 1, Sch. 5 para. 1(1)

F6 Words in Art. 6(1) substituted (31.12.2020) by The Common Organisation of the Markets in Agricultural Products and Common Agricultural Policy (Miscellaneous Amendments etc.) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/1422), regs. 1, 12(6)(a)(ii); 2020 c. 1, Sch. 5 para. 1(1)

F7 Words in Art. 6(3) substituted (31.12.2020) by The Common Organisation of the Markets in Agricultural Products and Common Agricultural Policy (Miscellaneous Amendments etc.) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/1422), regs. 1, 12(6)(b); 2020 c. 1, Sch. 5 para. 1(1)

F8 Art. 6(5) omitted (31.12.2020) by virtue of The Common Organisation of the Markets in Agricultural Products and Common Agricultural Policy (Miscellaneous Amendments etc.) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/1422), regs. 1, 12(6)(c); 2020 c. 1, Sch. 5 para. 1(1)