Made | 8th March 2002 | ||
Coming into operation | 31st March 2002 |
1. | Citation and commencement |
2. | Application |
3. | Interpretation |
4. | Scottish Islands areas |
5. | Determination of levy |
6. | Milk equivalence of dairy produce |
7. | Adjustment of purchaser quota |
8. | Transfer of quota with transfer of land |
9. | Apportionment of quota |
10. | Prospective apportionment of quota |
11. | Notification by the Department of apportionment of quota by arbitration |
12. | Transfer of quota without transfer of land |
13. | National reserve |
14. | Temporary transfer of quota |
15. | Temporary reallocation of quota |
16. | Special allocation of quota |
17. | Conversion of quota |
18. | Representative fat content of milk |
19. | Reallocation of quota and calculation of levy liability |
20. | Prevention of avoidance of levy |
21. | Payment of levy |
22. | Annual statements |
23. | Registers to be prepared and maintained by the Department |
24. | Inspection of entries in the Department's registers |
25. | Approval and registration of purchasers |
26. | Obligations of producers and purchasers with respect to registration and deliveries |
27. | Registers as evidence |
28. | Information |
29. | Withholding or recovery of compensation |
30. | Keeping and retention of records |
31. | Administrative penalties |
32. | Offences and criminal penalties |
33. | Confiscation and restoration of quota |
34. | Withdrawal of special quota |
35. | Revocations |
Schedule 1 | Apportionment and prospective apportionment by arbitration |
Schedule 2 | Reallocation of quota and calculation of levy liability |
Schedule 3 | Keeping and retention of records |
Schedule 4 | Revocations |
and calves for the first time on a day which falls -
and where 20 per cent of the total number is half way between two integers, the nearest even integer shall be deemed to be the nearest integer;
(2) In these Regulations any reference to anything done in writing or produced in written form includes a reference to an electronic communication which has been recorded and is capable of being subsequently reproduced.
(3) The Interpretation Act (Northern Ireland) 1954, except section 20(2)and (3), shall apply to these Regulations as it applies to an Act of the Northern Ireland Assembly.
Scottish Islands areas
4.
- (1) Quota registered to direct sellers and producers within any Scottish Islands area can only be used by producers and purchasers against direct sales or wholesale deliveries of milk produced within that Scottish Islands area.
(2) Where a direct seller or producer has a part of his dairy enterprise outside the Scottish Islands area, he shall be treated for the purposes of this regulation as a direct seller or producer within any Scottish Islands area if he has 50% or more of his dairy enterprise within the Scottish Islands area.
(3) Paragraph (1) shall not apply to the reallocation of quota undertaken in accordance with Schedule 2.
(4) In this regulation "direct seller" and "producer" include a person who occupies land with quota whether or not that person is engaged in the sale or delivery of dairy produce.
Determination of levy
5.
For the purposes of Article 2(1) of the Council Regulation (which concerns the calculation of levy), the contribution of producers who make wholesale deliveries towards the levy shall be established, in accordance with the provisions of that Article, at the level of the purchaser.
Milk equivalence of dairy produce
6.
- (1) For the purposes of Article 2(3) of the Commission Regulation (which concerns milk equivalence of dairy produce) the milk equivalence of dairy produce shall be calculated on the basis that each kilogram of dairy produce shall equal such quantity of milk referred to in paragraph (2) as is required to make that kilogram of dairy produce.
(2) The milk to which paragraph (1) relates is milk the fat content of which has not been altered since milking.
Adjustment of purchaser quota
7.
- (1) Where any wholesale quota is increased or reduced in accordance with the Community legislation or these Regulations, the purchaser quota of any purchaser to whom that quota is applicable shall be correspondingly increased or reduced.
(2) On any transaction to which the second sub-paragraph of Article 2(2) of the Council Regulation (which concerns replacements of purchasers and changes of purchasers by producers) applies, any purchaser whose purchaser quota has been increased by virtue of such a transaction (other than as a result of a temporary transfer of quota under regulation 14) shall submit to the Department -
(3) The statement referred to in paragraph (2)(a) and the declaration referred to in paragraph (2)(b) shall be made in such form as the Department may reasonably require.
(4) Subject to paragraph (5), where during a quota year a producer changes from being registered with one purchaser to being registered with any other purchaser -
(5) Where the amount of quota necessary to cover the deliveries made to an original purchaser and referred to in paragraph (4)(b) is affected by an adjustment of the quantity delivered by the producer (being an adjustment in accordance with the second sub-paragraph of Article 4(1) of the Commission Regulation) -
and in each case upon such application the Department shall make the assessment requested and the appropriate adjustment.
(6) An application under paragraph (5)(a) or (b) shall be made no later than 15th June in the quota year immediately following the quota year during which the producer changed from being registered with the original purchaser to being registered with the other purchaser in question.
Transfer of quota with transfer of land
8.
- (1) For the purposes of Article 7 of the Council Regulation (which concerns the transfer of quota with a holding when the holding is sold, leased, transferred by inheritance or subjected to other cases of transfer involving comparable legal effects for producers), in respect of a transfer of any holding or part of a holding, other than a transfer of a kind to which paragraph (5) or (7) refers, the transferee shall submit to the Department -
and
(b) such other information relating to the transfer, and within such time, as the Department may reasonably require.
(2) The notice referred to in paragraph (1)(a) shall, in the case of a transfer of part of a holding, include -
(3) Where there is a transfer of part of a holding -
(4) A prospective apportionment of quota in respect of a part of a holding may be made in accordance with regulation 10.
(5) No person shall transfer quota on a transfer of any holding or part of a holding in the following cases -
(b) the termination of a licence or tenancy to which sub-paragraph (a) applies.
(6) Where a notice of transfer has not been submitted in accordance with the provisions of paragraph (1)(a), then for the purposes of any levy calculation -
(7) No person shall transfer quota on a transfer of a holding or part of a holding where the transfer would result in an increase or reduction in the total direct sales quota or total wholesale quota available for use by dairy enterprises located within a Scottish Islands area.
Apportionment of quota
9.
Subject to regulations 8(5) and (7), 10(4) and (5) and 11, where there is a transfer of part of a holding, and a notice of transfer has been submitted in accordance with regulation 8(1)(a), the apportionment of the quota or special quota relating to that holding shall be carried out -
Prospective apportionment of quota
10.
- (1) The occupier of a holding who intends that a prospective apportionment of quota will be applied to it shall submit to the Department an application in such form as the Department may reasonably require, requesting either -
(2) A request for a prospective apportionment of quota may be withdrawn by a notice in writing to the Department given by the occupier of the holding to which the prospective apportionment relates.
(3) Where the occupier of a holding requests that a prospective apportionment be made in accordance with paragraph (1)(a), or gives notice in writing of the withdrawal of such a request in accordance with paragraph (2), that request or notice shall be accompanied by a consent or sole interest notice in respect of the entirety of the holding.
(4) Where there is a change of occupation of part of a holding (other than a change to which regulation 8(5) applies) and within the six months preceding that change of occupation -
the apportionment shall be carried out in accordance with paragraph (5).
(5) Where quota is apportioned in accordance with this paragraph, the apportionment shall be carried out in accordance with -
Notification by the Department of apportionment of quota by arbitration
11.
- (1) Where the Department has reasonable grounds for believing that the areas used for milk production on a holding -
it may give notice of this fact to the person who submitted that notice or application, or in the case where neither was submitted, to the transferee.
(2) In any case to which paragraph (1) applies, the apportionment or prospective apportionment of the quota concerned shall be made by arbitration in accordance with Schedule 1.
Transfer of quota without transfer of land
12.
- (1) For the purposes of sub-paragraph (e) of Article 8 of the Council Regulation (which permits the authorisation of a transfer of quota without transfer of the corresponding land with the aim of improving the structure of milk production at the level of the holding), an application for transfer of quota without transfer of land, other than an application for a transfer of a kind to which paragraph (7) refers, may be submitted by the transferee to the Department for approval, provided that it is submitted no later than ten working days before the intended date of the transfer and that application is in such form as the Department may reasonably require.
(2) The application referred to in paragraph (1) shall include -
(3) Where the Department has received an application pursuant to paragraph (1), it may require that the transferor or transferee shall produce such other information relating to the application, and within such time, as the Department may reasonably determine.
(4) Where an application submitted pursuant to paragraph (1) has been approved by the Department, it may subsequently withdraw from the transferee, for inclusion in the national reserve, the quota transferred, provided that it -
and the Department shall transfer that quota to the national reserve until such time as the transferee resumes or commences milk production.
(5) Where an application submitted pursuant to paragraph (1) has been approved by the Department, it may release the transferee from the undertaking provided pursuant to paragraph (2)(c) where the Department is satisfied that the release is justified in the light of exceptional circumstances which have resulted in the transferee ceasing to be, or failing to become, a producer, and which could not have been avoided or foreseen by the transferee at the time of the submission of the application.
(6) The exceptional circumstances referred to in paragraph (5) are -
(7) In conformity with sub-paragraph (d) of Article 8 of the Council Regulation (which provides for the determination of regions within which such transfers may be authorised), no application submitted pursuant to paragraph (1) shall be approved by the Department where the transfer would result in an increase or reduction in the total direct sales quota or total wholesale quota available for use by dairy enterprises located within a Scottish Islands area.
National reserve
13.
The Department may make allocations from the national reserve in accordance with the Community legislation.
Temporary transfer of quota
14.
- (1) For the purposes of Article 6 of the Council Regulation (which concerns the temporary transfer of quota), a producer may agree with any other producer to make a temporary transfer, other than a temporary transfer of a kind to which paragraph (4) refers, of all or part of any unused quota which is registered under regulation 23 as permanently held by him for a period of one quota year to that other producer.
(2) The Department may require a reasonable charge to be paid for the registration of any temporary transfer of quota, provided that the transfer takes place within a quota year in respect of which it has announced before the beginning of that quota year that it intends to make such a charge, in such a manner as it considers likely to come to the attention of producers.
(3) Where there is an agreement to make a temporary transfer pursuant to paragraph (1), the transferee shall notify the Department of the agreement in such form as the Department may reasonably require, and shall submit the notice, together with any charge payable pursuant to paragraph (2), to reach the Department no later than 31st March in the quota year in which the agreement is made.
(4) No producer shall enter into an agreement to make a temporary transfer pursuant to paragraph (1) which would result in a reduction in the total wholesale quota or total direct sales quota available for use by dairy enterprises located within a Scottish Islands area.
Temporary reallocation of quota
15.
- (1) For the purposes of the reallocation of quota referred to in Article 2(1) of the Council Regulation, the Department may, for any quota year, award to a producer referred to in paragraph (2) a temporary reallocation of an amount of any surplus quota in accordance with the provisions of this regulation.
(2) This regulation shall apply to a producer who has quota registered as his in relation to a holding which -
(3) Subject to paragraph (4), a producer referred to in paragraph (2) may be awarded a temporary reallocation of surplus quota for any quota year in which the notice or an order referred to in paragraph (2) has effect or remains in force, as the case may be, and the amount of any such award shall be calculated either -
(4) An award to a producer pursuant to paragraph (3) shall not be available in respect of a quota year during which that producer transfers unused quota pursuant to regulation 8 or 12, makes a temporary transfer of quota pursuant to regulation 14, or purchases cows or in-calf heifers for dairy purposes, unless the Department is satisfied that the agreement to transfer, temporarily transfer or purchase, was entered into before service of the notice, or the coming into force of an order, referred to in paragraph (2).
Special allocation of quota
16.
Where, by reason of a mistake made by the Department, a person has not been allocated any quota, or has been allocated a smaller quantity of any such quota than he would have been allocated if the mistake had not been made, the Department may allocate to that person from the national reserve such quota as will compensate, in whole or in part, for that mistake.
Conversion of quota
17.
- (1) For the purposes of the provisions of Article 4(2) of the Council Regulation (which concerns changes from direct sales to wholesale delivery and vice versa), the second sub-paragraph of Article 2(2) of the Council Regulation (which concerns replacements of purchasers), and this regulation, a producer may apply to convert, temporarily or permanently, direct sales quota to wholesale quota or wholesale quota to direct sales quota.
(2) Where a producer wishes to convert quota permanently or temporarily in any quota year, he shall submit to the Department an application in such form as the Department may reasonably require, and such application shall -
(3) The application referred to in paragraph (2) shall be submitted by the producer to the Department by -
(4) Subject to paragraphs (5) and (6), where a producer has permanently converted quota in any quota year, he shall not subsequently in that quota year transfer out quota, of the type to which he has converted, whether temporarily or otherwise.
(5) Where, upon an application to the Department by a producer who has permanently converted quota in any quota year, the Department is satisfied that exceptional circumstances of a type described in regulation 12(6) have resulted in a significant fall in milk production or a significant failure to achieve a planned increase in milk production, which, in the opinion of the Department, could have been neither foreseen nor avoided by the producer at the time of his permanent conversion, it may, in the same quota year in which the permanent conversion occurred, release that producer from the restriction in paragraph (4) to the extent that is required so as to allow the transfer of the amount of quota that the Department considers has remained unused in the particular case.
(6) The restriction in paragraph (4) shall not apply to any producer who, in the immediately preceding quota year, has temporarily converted quota.
Representative fat content of milk
18.
A producer who in any quota year comes within the first indent of Article 3(7) of the Commission Regulation (which concerns the representative fat content of milk from certain new producers) may benefit from the negative correction provided for in the third sub-paragraph of Article 4(1) thereof only if, before 1st March in that quota year, he confirms to the Department that in that quota year he has maintained in his dairy herd breeds of cow with characteristics similar to those in the herd in the first 12 months of production and undertakes to maintain such breeds in his dairy herd for the remainder of that quota year.
Reallocation of quota and calculation of levy liability
19.
Schedule 2 shall apply in respect of the reallocation of quota and the calculation of levy liability for the purposes of Article 2(1) of the Council Regulation (which concerns the calculation of levy whether or not following a reallocation of quota).
Prevention of avoidance of levy
20.
- (1) Subject to paragraph (2), where in any quota year a producer makes sales or deliveries of milk or milk products from milk produced by any cows and subsequently in the same quota year another producer makes sales or deliveries of milk or milk products from milk produced by any or all of the same cows, the second producer shall be deemed for the purposes of these Regulations to have made those sales or deliveries in the capacity of agent for the first producer.
(2) Paragraph (1) shall not apply where -
Payment of levy
21.
- (1) In respect of the collection of levy, the Department shall be the competent authority for the purposes of the Community legislation.
(2) For the purposes of Article 2(3) of the Council Regulation and Article 6 of the Commission Regulation (both of which concern payment of levy by direct sellers), or Article 2(2) of the Council Regulation (which concerns payment of levy by purchasers in respect of wholesale deliveries) and the payment of other penalties for which provision is made in Articles 5 and 6 of the Commission Regulation, the levy and other penalties referred to in those provisions shall be paid to the Department.
(3) Where any part of the levy remains unpaid after 1st September in any year, the Department may recover from the direct seller or, as the case may be, the purchaser, the amount of the levy outstanding at that date together with interest in respect of each day thereafter until the said amount is recovered at the rate of one percentage point above the sterling three month London interbank offered rate.
(4) For the purposes of the third sub-paragraph of Article 2(2) of the Council Regulation (which concerns deduction of levy liability), where a producer making wholesale deliveries to a purchaser exceeds his wholesale quota, following adjustment of that quota where appropriate and in accordance with Article 4(1) of the Commission Regulation, that purchaser may immediately deduct from the sums owed to the producer in respect of the deliveries an amount corresponding to the amount of levy that would otherwise be payable by him in respect of the excess.
Annual statements
22.
- (1) The Department may, in respect of -
recover a reasonable charge in respect of any visit to any premises which the Department has reasonably considered that an authorised officer should make in order to obtain the declaration or summary in question.
(2) If a purchaser is requested by the Department to submit to it a revised version of the summary referred to in paragraph (1)(b), he shall submit such a version of the summary revised in the manner requested within ten working days of that request.
Registers to be prepared and maintained by the Department
23.
- (1) The Department shall -
(b) prepare a direct sales register entry in respect of each direct seller setting out in particular -
and shall send each direct seller a copy of the entry relating to him.
(2) The Department shall -
and shall send to each producer a copy of the entry relating to him and, to each purchaser named on the list referred to in sub-paragraph (vi), a copy of that part of the entry relating to his purchaser quota.
(3) The Department shall -
and shall send each purchaser a copy of the notice relating to him.
(4) For the purposes of paragraphs (1) and (2), where a holding comprises more than one dairy enterprise, a direct seller or a producer may, on presenting to the Department a consent or sole interest notice in respect of that holding, agree with the Department the partition of that holding between separate direct sales register entries or wholesale register entries as specified in the agreement.
(5) The Department may make such enquiries as it reasonably considers to be necessary for the purposes of ensuring the accuracy of the registers which it is required to maintain pursuant to this regulation, and shall amend such registers -
and, where the Department makes a correction or amendment, it shall notify any person affected by that correction or amendment.
(6) In this regulation, "direct seller" and "producer" include a person who occupies land with quota whether or not that person is engaged in the sale or delivery of dairy produce.
Inspection of entries in the Department's registers
24.
The Department may, in response to a request -
on payment of a reasonable charge, supply to the person making the request a copy of that quota register entry.
Approval and registration of purchasers
25.
- (1) For the purposes of Article 13 of the Commission Regulation (which concerns the approval of purchasers), a purchaser shall submit to the Department an application seeking that purchaser's approval by the Department in such form as the latter may reasonably require.
(2) An application under paragraph (1) shall state the purchaser's trading address, or, where there is more than one such address, each such address and his principal trading address.
(3) For the purposes of Article 13(2) of the Commission Regulation (which permits Member States to lay down stricter rules on the approval of purchasers), the Department shall only approve a purchaser where that purchaser -
(c) has, by submitting to the Department such information as it may reasonably require, demonstrated to the reasonable satisfaction of the Department that he has a sound financial basis upon which to operate.
(4) Each purchaser shall -
(b) confirm to each producer supplying him that he is approved and supply on request details of that approval; and
(c) notify each producer supplying him if that approval is withdrawn.
Obligations of producers and purchasers with respect to registration and deliveries
26.
- (1) Each direct seller shall register his quota with the Department.
(2) Each producer (within the extended meaning conferred by regulation 23(6)) who holds registered wholesale quota, including any producer who has temporarily ceased or who intends temporarily to cease making wholesale deliveries, shall register his quota with a purchaser and, if making deliveries, shall make them to a purchaser.
(3) Each purchaser shall maintain, in respect of all producers whose register entries include that purchaser's name on the list referred to in regulation 23(2)(b)(vi) -
(4) Each purchaser shall amend the register referred to in paragraph (3)(a) on each occasion when, under these Regulations, the equivalent register maintained by the Department is required to be amended in relation to producers registered in that purchaser's register.
Registers as evidence
27.
Any entry in a register or notice required by these Regulations to be maintained by the Department shall in any proceedings be evidence of the matters stated therein.
Information
28.
- (1) Each purchaser or producer shall provide such information to the Department as the Department may reasonably require in order that it is able to perform its functions under these Regulations and the Community legislation.
(2) Each purchaser shall submit to the Department on request, in a form from time to time to be determined by the Department, such statistics and forecasts relating to deliveries made or to be made to him, as the Department reasonably may require for the purpose of monitoring deliveries in relation to the total quantity for the United Kingdom referred to in Article 3(2) of the Council Regulation, and any such statistics shall be submitted within three working days of the end of the period to which the statistics relate, and any such forecast shall be submitted within 28 days of receipt by the purchaser of the request to provide that forecast.
(3) The Department shall provide each purchaser with a copy of such records as that purchaser reasonably may require for the purposes of his registration obligations under these Regulations and Article 5 of the Commission Regulation (which concerns the submission of summaries of producers' statements of deliveries or declarations that no deliveries have been received).
Withholding or recovery of compensation
29.
Where a producer has submitted an application for compensation in accordance with the Community compensation scheme and it appears to the Department that the producer has made a false or misleading statement in his application or has failed to comply with any of the requirements of that scheme, the Department may withhold or recover on demand from that producer the whole or any part of the compensation payable or paid to him.
Keeping and retention of records
30.
- (1) For the purposes of Article 11(1) of the Commission Regulation (which requires Member States to take all necessary measures to ensure that the levy is correctly charged), and without prejudice to regulation 3 of the Common Agricultural Policy (Protection of Community Arrangements) Regulations 1992[19], a relevant person shall, in addition to fulfilling any relevant requirement of paragraphs 2 to 5 of Article 14 of the Commission Regulation (which concerns record keeping obligations of purchasers and producers), keep and retain such records, and for such periods, as are specified in Schedule 3.
(2) In this regulation, "relevant person" means a producer, a purchaser, any employee or agent of a producer or of a purchaser, any milk haulier, any person undertaking butterfat testing for purchasers in a laboratory, a processor of milk or milk products, or any other person involved in the buying, selling or supply of milk or milk products obtained directly from a producer or purchaser.
Administrative penalties
31.
- (1) Subject to the provisions of Article 13(4) of the Commission Regulation (which confers a discretion on Member States not to impose penalties in certain circumstances) and paragraph (6), purchasers shall be subject to the administrative penalties specified in paragraphs (2) to (4).
(2) Where a purchaser fails to submit to the Department -
he shall be liable to pay to the Department a penalty equivalent to the theoretical amount of levy due on 0.01 per cent of the quantity by volume of milk covered by that statement, declaration or revised summary, or those statistics, per calendar day of the delay in submission.
(3) Where a purchaser fails to submit to the Department pursuant to regulation 22(1) or (2) a summary or revised summary, as the case may be, of producers' statements which is accurate, and thereby causes an overstatement by him of deliveries made to him, he shall be liable to pay to the Department a penalty equivalent to the theoretical amount of levy due on 0.5 per cent of the quantity by volume of milk which comprises the overstatement.
(4) Where a purchaser fails to maintain accurate and updated records pursuant to Article 14(2) of the Commission Regulation and regulation 30, he shall be liable to pay to the Department a penalty equivalent to the theoretical amount of levy due on 0.5 per cent of the quantity by volume of milk concerned.
(5) For the purposes of the third sub-paragraph of Article 6(3) of the Commission Regulation (which requires Member States to impose proportionate penalties where producers submit incorrect declarations), and subject to the provisions of Article 6(5) of that Regulation (which confers a discretion on Member States not to impose penalties in certain circumstances) and paragraph (6), where a direct seller submits an annual declaration which overstates the volume of direct sales for the period covered by that declaration, he shall be liable to pay to the Department a penalty equivalent to the theoretical amount of levy due on 0.5 per cent of the quantity by volume of milk which comprises the overstatement.
(6) Notwithstanding the provisions of paragraphs (2) to (5), the penalties referred to therein shall -
Offences and criminal penalties
32.
- (1) Any person who fails without reasonable excuse to comply with a requirement imposed on him by or under these Regulations or the Community legislation, or who, without prejudice to the generality of the foregoing -
or
(c) disposes of quota which he knows or might reasonably be expected to know is incorrectly registered in his name,
shall be guilty of an offence, and shall be liable -
(2) The Department may, following any conviction under paragraph (1)(b) against which there is no subsisting right of appeal or further appeal, by notice served on the person to whose quota that conviction relates withdraw from him such quota as may reasonably be regarded by the Department as obtained by him by reason of the falsehood upon which the conviction was founded.
(3) A notice served under paragraph (2) must be served within the period of twelve months beginning with the first day on which such notice may be served.
(4) Where an offence under this regulation which has been committed by a body corporate is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, any director, manager, secretary or similar officer of the body corporate, or any person who was purporting to act in any such capacity, he as well as the body corporate shall be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly.
(5) Where the affairs of a body corporate are managed by its members, the provisions of paragraph (1) shall apply in relation to the acts and defaults of a member in connection with his functions of management as if he were a director of the body corporate.
(6) In this regulation "requirement" does not include a requirement or restriction imposed on the Department or a person acting as arbitrator, nor does it include any restriction or obligation in or under regulation 8(5) or (7), 10(1), 14(4) or 17(2).
Confiscation and restoration of quota
33.
- (1) On or before 14th May following the end of each quota year, each purchaser shall supply to the Department a list of those producers registered with that purchaser (whether for the whole or part of the quota year) who have not made deliveries to that purchaser during that year.
(2) Pursuant to Article 5 of the Council Regulation (which concerns the confiscation and restoration of quota), the Department shall notify -
(3) Any quota withdrawn pursuant to Article 5 of the Council Regulation shall be placed in the national reserve with effect from the beginning of the quota year following the quota year for which the list referred to in paragraph (1) was supplied, the quota year for which the declaration indicating no direct sales was made, or the quota year for which no declaration was submitted, as the case may be.
(4) Any quota withdrawn pursuant to Article 5 of the Council Regulation may be restored to the producer in respect of the holding from which it was withdrawn within a period of six years from the beginning of the quota year in which it was withdrawn, in accordance with the provisions of this regulation.
(5) A producer who receives a notification of confiscation under paragraph (2) shall -
(6) Where a producer has notified the Department under paragraph (5)(b) that he wishes to retain the right to restoration of quota, he may request the Department to restore to him the quota relating to that holding or part holding provided that the request -
(7) Where a producer has notified the Department that he wishes to retain the right to restoration of quota and there is a change of occupation of all or part of the holding to which the quota relates, the new occupier may request the Department to restore to him the quota relating to that holding or part holding, provided that the request is received by the Department at least six months before the end of the six-year period referred to in paragraph (4) or within six months of the change of occupation, whichever is the earlier.
(8) Where quota is restored to part of a holding in respect of which an apportionment of quota has been made in accordance with or under paragraph 5(b)(ii) or (iii), in accordance with a request made under paragraph (6), or following a change of occupation of part of a holding pursuant to paragraph (7), the amount of quota to be restored to that part shall be determined in accordance with -
(9) Where a producer -
the relevant quota shall be taken into the national reserve.
Withdrawal of special quota
34.
Where a producer has special quota registered in his name and it appears to the Department that the producer has made a false or misleading statement in his application for special quota or has failed to comply with the requirements under the Community legislation in relation to special quota, the Department may withdraw the whole or any part of the special quota.
Revocations
35.
- (1) Subject to paragraph (2), the Regulations specified in Schedule 4 are hereby revoked to the extent specified in that Schedule in so far as they apply to Northern Ireland.
(2) Subject to paragraph (3), paragraph (1) shall not affect the continued operation of regulations 30 and 31 of the 1997 Regulations in respect of any requirement imposed by, or anything done in connection with, those Regulations.
(3) Any undertaking given pursuant to regulation 11(2)(c) or (d) of the 1997 Regulations shall cease to have effect.
(4) In this regulation, "the 1997 Regulations" means the Dairy Produce Quotas Regulations 1997[20].
Sealed with the Official Seal of the Department of Agriculture and Rural Development on
8th March 2002.
L.S.
Liam McKibben
A senior officer of the Department of Agriculture and Rural Development
(2) Where sub-paragraph (1)(b) applies, the occupier shall give notice to the Department of the appointment of the arbitrator pursuant to the agreement, or of the application to the President for the appointment of an arbitrator.
5.
- (1) An arbitrator appointed in accordance with paragraph 3(1) to (4) or 4 shall conduct the arbitration in accordance with this Schedule and shall base his award on findings made by him as to areas used for milk production in the last five year period during which production took place before the change of occupation, or, in the case of a prospective apportionment, in the last five year period during which production took place before the appointment of the arbitrator.
(2) An arbitrator appointed in accordance with paragraph 3(5) shall conduct the arbitration in accordance with this Schedule and shall base his award on findings made by him as to the areas used for milk production in the last five-year period during which production took place before the appointment of the arbitrator.
(3) An arbitrator appointed under any paragraph of this Schedule shall base his award on findings made by him in accordance with the law in force at the time the event giving rise to an application for arbitration took place.
6.
No application may be made to the President for an arbitrator to be appointed by him under this Schedule unless the application is accompanied by a fee which shall be £50 for such an application; but once the fee has been paid in connection with any such application no further fee shall be payable in connection with any subsequent application for the President to exercise any function exercisable by him in relation to the arbitration by virtue of this Schedule (including an application for the appointment by him in an appropriate case of a new arbitrator).
7.
Where the Department makes an application to the President under paragraph 3(3) or (4), the fee payable to the President in respect of that application referred to in paragraph 6 shall be recoverable by the Department as a debt due from the other parties to the arbitration jointly or severally.
8.
Any appointment of an arbitrator by the President shall be made by him as soon as possible after receiving the application.
9.
If the arbitrator dies, or is incapable of acting, or for seven days after notice from any party requiring him to act fails to act, a new arbitrator may be appointed as if no arbitrator had been appointed.
10.
A party to the arbitration shall have power to revoke the appointment of the arbitrator with the consent of all other parties.
11.
Every appointment, application, notice, revocation and consent under paragraph 3, 4, 5, 9 or 10 shall be in writing.
Persons with an interest in the holding
12.
- (1) In any arbitration to which this Schedule applies, the arbitrator may, in his absolute discretion, subject to sub-paragraph (2), join as a party to the arbitration any person having an interest in the holding, whether or not such person has applied to become a party to the arbitration, provided that such person consents to be so joined.
(2) Where an apportionment under regulation 33(5)(b)(iii) is to be carried out by arbitration, any person with an interest in the holding who has refused to sign the statement referred to in regulation 33(5)(b)(ii) shall be a party to the arbitration.
Statement of case
13.
The parties to the arbitration shall, within 35 days of the appointment of the arbitrator, or within such further period as the arbitrator may determine, deliver to him a statement of their respective cases with all necessary particulars and -
Award
14.
- (1) Subject to sub-paragraph (2), the arbitrator shall make and sign his award within 56 days of his appointment.
(2) The President may from time to time extend the time limited for making the award, whether that time has expired or not.
15.
The arbitrator shall notify the terms of his award to the Department within eight days of delivery of that award.
16.
The arbitrator shall have power to correct in the award any clerical mistake or error arising from any accidental slip or omission.
Reasons for award
17.
If requested by any party to the arbitration, on or before the making of the award, to make a statement, either written or oral, of the reasons for the award the arbitrator shall furnish such a statement.
18.
For the purposes of this Schedule, an arbitrator appointed by the President shall be taken to have been so appointed at the time when the President executed the instrument of appointment, and in the case of any such arbitrator the periods mentioned in paragraphs 13 and 14 shall run from that time.
19.
Any person having an interest in the holding to which the arbitration relates shall be entitled to make representations to the arbitrator.
8.
Where a purchaser fails to notify the Department on or before 14th May immediately following the end of the quota year of the actual quantity of milk or milk products delivered to him in that year, the Department may decide that that purchaser shall not benefit from the reallocation of quota referred to in paragraph 7(b).
9.
The Department shall determine the total amount of the levy payable by a purchaser by multiplying the amount, if any, by which deliveries to him exceed his purchaser quota following the steps specified in paragraphs 3 to 7 by the rate of levy calculated in accordance with Article 1 of the Council Regulation.
10.
Where, for any quota year, a purchaser is unable to supply such proof of the quantities of dairy produce delivered to him that year as the Department may reasonably require, the Department shall make its own determination of those quantities, based on all the information available to it, for the purposes of calculating any levy payable by that purchaser, and shall inform the purchaser of such determination.
11.
Where a purchaser -
the Department may require any levy payable by that purchaser to be paid in such proportion as it may reasonably require by any producer whose wholesale deliveries to that purchaser have given rise to the liability for levy.
Direct sales quota
12.
The Department shall determine for each direct seller the amount, if any, after taking into account the amount of quota converted in accordance with regulation 17, by which his direct sales quota exceeds the quantity of dairy produce sold by direct sale by him, and shall add this to any quantities available in the national reserve.
13.
The Department shall make an award of a temporary reallocation of direct sales quota, under the terms of regulation 15 from the aggregate of amounts, if any, referred to in paragraph 12.
14.
The Department shall determine the aggregate amount, if any, by which the direct sales quota of all direct sellers falls short of the total quantity of dairy produce sold by direct sales by them, after taking into account the amount of quota converted in accordance with regulation 17, and any temporary reallocation made in accordance with paragraph 13.
15.
The Department shall determine for each direct seller the amount, if any, by which his direct sales quota falls short of the quantity of dairy produce sold by direct sale by him, taking into account the amount of quota converted in accordance with regulation 17, and any temporary reallocation of quota made in accordance with paragraph 13.
16.
The Department shall determine the aggregate of the amounts, if any, referred to in paragraph 15.
17.
The Department shall determine the total amount of the levy payable by multiplying the amount, if any, referred to in paragraph 14 by the rate of levy calculated in accordance with Article 1 of the Council Regulation.
18.
The Department shall calculate the rate of levy per litre, if any, to be paid by each direct seller on the amount, if any, at paragraph 15 by dividing the amount calculated in accordance with paragraph 17 by the aggregate referred to in paragraph 16.
19.
Where a direct seller fails to notify the Department on or before 14th May immediately following the end of the quota year of the total quantity of milk products sold by him by direct sales in that year, the Department may require that the rate of levy per litre to be paid by that direct seller on the quantity not notified shall be the rate calculated in accordance with Article 1 of the Council Regulation.
20.
Where for any quota year a direct seller is unable to supply such proof as the Department may reasonably require of the quantities of dairy produce sold by him in that year, the Department shall make its own determination of those quantities, based on all the information available to it, for the purposes of calculating any levy payable by that direct seller, and shall inform the direct seller of its determination.
(b) details, in terms of each delivery and each month, of the quantities of milk or milk products which each producer has delivered to him;
(c) details of the cumulative total of the quantities delivered to him each month by all producers;
(d) details of the average fat content of each producer's deliveries per month;
(e) details of the weighted average fat content of the cumulative total referred to in sub-paragraph (c);
(f) a list of purchasers and other undertakings which deliver treated or processed milk or milk products to him;
(g) details, in terms of each such purchaser or undertaking and each month, of the quantities delivered to him by that purchaser or undertaking;
(h) details of the use to which milk and milk products collected from him has been put;
(i) records of individual deliveries and accompanying collection documents identifying each delivery by producer, purchaser or other undertaking; and
(j) all books, registers, accounts, correspondence, commercial data, vouchers and supporting documents relating to his business activities.
Records to be kept by producers
2.
- (1) In respect of each quota year, a direct seller shall keep, and retain for the relevant period, records comprising -
(2) Where a direct seller delivers milk or milk products to a purchaser, he shall, in respect of each quota year, also keep, and retain for the relevant period, records comprising -
(3) For the purposes of sub-paragraph (1)(d) and paragraph 3(g) -
3.
A producer, other than a direct seller, who makes wholesale deliveries to a purchaser shall, in respect of each quota year, keep, and retain for the relevant period, records comprising -
Records to be kept by any person undertaking butterfat testing in a laboratory
4.
Any person undertaking butterfat testing for a purchaser in a laboratory shall keep, and retain for the relevant period, records comprising details of all samples of milk analysed, showing -
Records to be kept by hauliers
5.
Any haulier collecting milk or milk products on behalf of a purchaser shall keep, and retain for the relevant period, records comprising details of all quantities of milk or milk products so collected, showing -
Records to be kept by processors
6.
Any processor in receipt of milk or milk products for processing or treating shall keep, and retain for the relevant period, records comprising details of all quantities of milk or milk products received, showing -
Records to be kept by persons buying, selling or supplying milk or milk products obtained directly from a producer or purchaser
7.
Any person buying, selling or supplying milk products obtained directly from a producer or purchaser shall keep, and retain for the relevant period, records comprising details of all quantities of milk or milk products received, showing -
8.
In this Schedule, in relation to any records -
Title | Number | Extent of Revocation |
The Dairy Produce Quotas Regulations 1997 | S.I. 1997/733 | The whole Regulations |
The Dairy Produce Quotas (Amendment) (Time Limits) Regulations 1997 | S.I. 1997/1093 | The whole Regulations |
The Charges for Inspections and Controls (Amendment) Regulations 1998 | S.I. 1998/2880 | Regulation 6 |
The Dairy Produce Quotas (Amendment) Regulations (Northern Ireland) 2000 | S.R. 2000 No. 83 | The whole Regulations |
The Dairy Produce Quotas (Amendment) Regulations (Northern Ireland) 2001 | S.R. 2001 No. 27 | The whole Regulations |
[4] O.J. No. L187, 10.7.2001, p. 19back
[5] O.J. No. L161, 2.7.1993, p. 48, as last amended by Commission Regulation (EC) No. 569/1999 (O.J. No. L70, 17.3.1999, p. 12)back
[6] O.J. No. L235, 18.9.93, p. 18back
[7] O.J. No. L196, 5.8.93, p. 6back
[8] O.J. No. L243, 29.9.93, p. 1back
[9] O.J. No. L291, 30.10.98, p. 4back
[10] O.J. No. L335, 10.12.98, p. 33back
[11] O.J. No. L405, 31.12.92, p. 1back
[12] O.J. No. L89, 29.3.2001, p. 18back
[13] O.J. No. L187, 29.7.93, p. 8back
[17] S.I. 1981/1115 (N.I. 22)back
[19] S.I. 1992/314, as amended by S.I. 2001/3198 and S.I. 2001/3686back
[20] S.I. 1997/733, as amended by S.I. 1997/1093, S.I. 1998/2880, S.R. 2000 No. 83 and S.R. 2001 No. 27back