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3.—(1) The Department may pay national aid to an applicant in accordance with Article 102(2) of the Council Regulation (grant of national aid for supplying certain processed milk products to pupils in educational establishments) and this regulation.
(2) For the purposes of paragraph (1), the Department may determine the type or class of educational establishments referred to in Article 2 of the Commission Regulation or eligible products listed in Annex 1 to the Commission Regulation in relation to which national aid may be paid, framed by reference to any set of circumstances the Department thinks fit.
(3) Subject to paragraph (2), the following provisions of the Commission Regulation shall apply in relation to national aid as if it were Community aid—
(a)Article 2 (beneficiaries);
(b)Article 3(1) and (4) (eligible products);
(c)Article 5(4), first sub-paragraph (milk and milk products used in preparation of meals not to benefit from aid);
(d)Article 8 (general conditions for approval), except for the words in sub-paragraph (b) following the reference to Article 2;
(e)Article 9 (specific conditions for the approval of certain applicants);
(f)Article 10 (suspension and withdrawal of approval);
(g)Article 11 (payment applications);
(h)Article 12 (payment of aid);
(i)Article 14 (price monitoring); and
(j)Article 15 (controls and sanctions).
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