The Milk Marketing Scheme (Amendment) Regulations 1988

Explanatory Note

(This note is not part of the Regulations)

These Regulations come into force on 29th February 1988 and further amend the Milk Marketing Scheme 1933 which applies to England and Wales.

Following the European Court’s judgment of 2nd December 1986 in Case 23/84, the Regulations further implement the United Kingdom’s obligation to supervise compliance with Council Regulation (EEC) No. 1422/78 concerning the granting of certain special rights to milk producer organisations in the United Kingdom, by—

(a) requiring that prices negotiated by the Joint Committee appointed by the Milk Marketing Board (“the Board”) and the dairy trade, according to the uses of any constituent of whole milk, shall be set at the same level for all uses which qualify that constituent, or any milk product derived therefrom, for sale to the Intervention Board for Agricultural Produce or for a Community aid scheme (regulation 2(c));

(b) prohibiting the differentiation of prices of milk to be sold by the Board by reason only that the milk or any milk product derived therefrom is intended for export outside the United Kingdom or for sale to the Intervention Board (regulation 2(d));

(c) prohibiting the setting of prices of milk sold by the Board at levels which would contravene Article 9 of Council Regulation (EEC) No. 1422/78 or Article 6.2 of Commission Regulation (EEC) No. 1565/79 and requiring that, in the event of a contravention or other failure to comply with the Community provisions referred to in Article 10 of Regulation 1422/78, the Board shall make such adjustment in their arrangements for milk sold or to be sold as shall satisfy the Minister of Agriculture, Fisheries and Food that the effect of such contravention or failure has been counteracted (regulation 2(f)).