The School Milk (Wales) Regulations 2008

Explanatory Note

(This note is not part of the Regulations)

These Regulations, which come into force on 1 September 2008 implement measures in respect of Article 102 of Council Regulation (EC) No 1234/2007 establishing a common organisation of agricultural markets and on specific provisions for certain agricultural products (Single CMO Regulation)(1).

These Regulations revoke and replace the School Milk (Wales) Regulations 2001(2).

In these Regulations references to Council Regulation (EC) No 1234/2007 and to Commission Regulation (EC) No 657/2008(3) 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.

The Welsh Ministers may grant national aid (supplementing Community aid) in connection with the supply of milk and certain milk products to pupils in educational establishments (regulation 3(1)).

The Welsh Ministers may determine the type or class of educational establishment or milk products in relation to which national aid may be paid (regulation 3(2)).

National aid granted by the Welsh Ministers must be subject to the same rules, requirements and conditions that apply to Community aid under Article 102(1) of the Council Regulation and which are contained in the Commission Regulation (EC) No 657/2008 (regulation 4(2)).

Where national aid is granted in connection with the supply of flavoured or unflavoured, whole or semi skimmed milk to primary pupils other than those receiving nursery education or those in key stage 2, that aid may amount to a sum sufficient for the purposes of defraying any cost that would otherwise have to be borne by those pupils or their parents or guardians in circumstances where Community aid does not fully meet the cost of supplying that product (regulation 5).