EU school milk scheme: consultation on Scotland's continued participation

Draft Scottish Statutory Instrument

Explanatory Note

(This note is not part of the Regulations)

These Regulations repeal and replace the Milk and Milk Products (Pupils in Educational Establishments) (Scotland) Regulations 2001 (the "2001 Regulations") (as amended) in light of changes in EU law. Regulation 7 of these regulations provide for the revocation of the 2001 Regulations and the other provisions which have amended the 2001 regulations.

Regulation ( EU) No 1308/2013 of the European Parliament and of the Council of 17 December 2013 establishing a common organisation of the markets in agricultural products and repealing Council Regulations ( EEC) No 922/72, ( EEC) No (234/79), ( EC) No 1037/2001 and ( EC) No 1234/2007 is being amended by Regulation ( EU) 2016/791 of the European Parliament and of the Council of 11th May 2016 amending Regulations ( EU) No 1308/2013 and ( EU) No 1306/2013 as regards the aid scheme for the supply of fruit and vegetables and milk in educational establishments.

The new EU instruments which are relevant in supplementing Regulation ( EU) 1308/2013 in this context are Commission Implementing Regulation ( EU) 2017/39 of 3 November 2017 on rules for the application of Regulation ( EU) No 1308/2013 of the European Parliament and of the Council with regard to Union aid for the supply of fruit and vegetables, bananas and milk in educational establishments and Commission Delegated Regulation ( EU) 2017/40 of 3rd November 2016 supplementing Regulation ( EU) 1308/2013 of the European Parliament and of the Council with regard to Union aid for the supply of fruit and vegetables, bananas and milk in educational establishments and amending Commission Delegated Regulation ( EU) No 907/2014.

Commission Regulation ( EC) No 657/2008 of 10th July 2008 laying down detailed rules for applying Council Regulations ( EC) No 1234/2007 as regards Community aid for supplying milk and certain milk products to pupils in educational establishments is repealed.

The new EU law deals with the same subject matter as the EU law which it revokes and replaces i.e. the rules governing the provision of Union aid for milk and other products in educational establishments.

National "top-up" aid payments are permitted by Article 23a(6) of Regulation ( EU) No 1308/2013 (as amended). Regulation 3 of these Regulations provides that any national "top-up" aid payment shall be subject to the same rules, requirements and conditions as apply to Union aid.

These Regulations also provide for the withholding or recovery of any Union aid or any national payment, made under regulation 3 of the Regulations, to which an applicant is not entitled or where the applicant is in breach of any commitments given as a condition of such Union aid or National payment (regulation 4). Regulation 5 provides for interest to be charged.

Regulation 6 amends the Common Agricultural Policy Non- IACS Support Schemes (Appeals) (Scotland) Regulations ( SSI 2004/278) in consequence of the changes being made to EU law. This is to allow appeals under this scheme to continue to be made under those regulations.

These Regulations provide that reference to all European instruments are to be construed as references to those instruments as amended from time to time.