Explanatory note: The Milk and Milk Products (Pupils in Education Establishments) (England) Regulations 2008
This note is to inform stakeholders that the Milk and Milk Products (Pupils in Educational Establishments) (England) Regulations 2001, and the Milk and Milk Products (Pupils in Educational Establishments) (England) (Amendment) Regulations 2007 have been revoked and replaced (for reasons of clarity and better regulation) by the above Statutory Instrument (SI) which came into force on 1 September 2008..
This SI allows the Secretary of State to pay national top up payments to beneficiaries of an EU subsidy for milk and certain milk products in schools. It provides enforcement powers to recover payments made to applicants who are not eligible to the aid or if the commitments have been breached.
The remaking of these Regulations is required to update references to Community legislation. Council Regulation (EC) No 1255/1999, which provided for the payment of an EU subsidy for milk and certain milk products in schools, and allowed Member States to pay a national top up to the Community aid, was repealed by Council Regulation (EC) No 1234/2007 (the Single CMO Regulation). Commission Regulation 2707/2000, which laid out the detailed implementing rules for the EU School Milk Scheme was repealed by Regulation 657/2008.
A formal consultation for this SI has not been conducted, but a consultation on the implementation of the EU School Milk Scheme and the application of the national top up and the products offered is planned for the autumn. Formal consultations on Council Regulation (EC) No 1234/2007 and Commission Regulation (EC) No 657/2008 were held, and no issues of concern were raised.
This SI will allow the Secretary of State to decide which beneficiaries or products will benefit from the national top up, following the formal consultation on the implementation of the Scheme. Until such time as the consultation has been completed, the Secretary of State will continue to pay the top up to those currently eligible for it (primary school children).
An Impact Assessment has not been prepared for this SI, as no impact on the private or voluntary sectors is foreseen. However, an Impact Assessment will be prepared as part of the formal consultation in the autumn.
Page last modified: 1st September 2008