Explanatory note

These Regulations revoke and replace the Milk and Milk Products (Pupils in Educational Establishments) (England) Regulations 2001 (S.I. 2001/994) and the Milk and Milk Products (Pupils in Educational Establishments) (England) (Amendment) Regulations 2007 (S.I. 2007/3429).

These Regulations provide that references to Council Regulation (EC) No 1234/2007 establishing a common organisation of agricultural markets and on specific provisions for certain agricultural products (Single CMO Regulation) (OJ No L 299, 16.11.07, p 1) and to Commission Regulation (EC) No 657/2008 laying down detailed 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 (OJ No L 183, 11.7.08, p 17) are references to those Regulations as amended from time to time.

These Regulations provide that, in the making of any national “top-up” aid payments as permitted by Article 102(2) of Council Regulation (EC) No 1234/2007, such payments shall be subject to the same rules, requirements and conditions as apply to Community aid under Article 102(1) of that Council Regulation, and which are contained in Commission Regulation (EC) No 657/2008 (regulation 3).

The Regulations also provide for the withholding or recovery of any Community aid or national aid payments to which an applicant is reasonably believed not to be entitled or where the applicant is in breach of any commitment given as a condition of such aid or payment (regulation 4).

No impact assessment has been prepared in respect of this instrument as it has no effect on the costs of business or the voluntary sector.