Memorandum from the
Ministry of Agriculture, Fisheries and Food
1998 (S.I. 1998/2424)
The Committee has requested a
memorandum on the following points.
(1) Please explain why
regulation 2 contains no provision indicating that expressions
such as "milk" and "drinking milk" which have
a meaning in the Council Regulation have that meaning in these
The reason why no such provision
was included in regulation 2 was that it was considered that the
context of the provisions in which the expressions were used rendered
obvious the intention that they should have the same meanings
as in the Council Regulation. However, given that the enabling
power has its own different definition of milk, it has now been
concluded that drafting would have been improved if an express
provision of the type suggested had been included in respect of
the expressions "milk" and "drinking milk".
When the Regulations are next amended, the opportunity will accordingly
be taken to include it.
(2) Given that the main
provisions of this instrument (regulations 3 and 4) cannot be
understood unless read in conjunction with Council Regulation
(EC) No. 2597/97, please explain why the explanatory note does
not indicate the substance of the prohibitions imposed by those
provisions (see paragraphs 2.73 and 2.74 of Statutory Instrument
It is regretted that the Explanatory
Note does not contain a brief summary of those provisions of the
Council Regulation to which the prohibitions in this instrument
relate. Steps are being taken to seek to remedy this in the Annual
Volume of Statutory Instruments and any other future reprints
of the instrument.
16th November 1998