European Communities (Milk Levy) Regulations, 1985

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S.I. No. 416 of 1985.

EUROPEAN COMMUNITIES (MILK LEVY) REGULATIONS, 1985.

I, AUSTIN DEASY, Minister for Agriculture, in exercise of the powers conferred on me by section 3 of the European Communities Act, 1972 (No. 27 of 1972), and for the purpose of giving effect to Council Regulation (EEC) No. 804/68 of the 27th day of June, 19681, Council Regulation (EEC) No. 856/84 of the 31st day of March, 19842, Council Regulation (EEC) No. 857/84 of the 31st day of March, 19843, and Commission Regulation (EEC) No. 1371/84 of the 16th day of May, 19844, hereby make the following Regulations:

1 O.J. No. L148 of 28.6.1968, p.13.

2 O.J. No. L90 of 1.4.1984, p.10.

3 O.J. No. L90 of 1.4.1984, p.13.

4 O.J. No. L132 of 18.5.1984, p.11.

1. (1) These Regulations may be cited as the European Communities (Milk Levy) Regulations, 1985.

(2) These Regulations shall come into operation on the 12th day of December, 1985.

2. (1) In these Regulations—

"authorised officer" means an officer of the Minister appointed in writing by the Minister to be an authorised officer for the purposes of these Regulations;

"Commission Regulation No. 1371" means Commission Regulation (EEC) No. 1371/84 of the 16th day of May, 1984, as amended;

"Council Regulation No. 804" means Council Regulation (EEC) No. 804/68 of the 27th day of June, 1968, as amended;

"Council Regulation No. 856" means Council Regulation (EEC) No. 856/84 of the 31st day of March, 1984, as amended;

"Council REgulation No. 857" meand Council Regulation (EEC)No. 857/84 of the 31st day of March, 1984, as amended;

"existing purchaser" means a purchaser by whom a producer, at the date of the commencement of these Regulations, has been assigned a reference quantity;

"levy" means the levy referred to in Article 5c of Council Regulation No. 804;

"the Minister" means the Minister for Agriculture;

"reference year" means the year 1983;

"the Regulations" means, as the context may require Commission Regulation No. 1371, Council Regulation No. 804, Council Regulation No. 856 or Council Regulation No. 857.

(2) A word or expression which is used in these Regulations and is also used in the Regulations, or in any of them, shall, unless the contrary intention is expressed, have in these Regulations the meaning that it has in the Regulations.

3. The Minister shall be the competent authority for the purposes of the Regulations.

4. (1) The Minister shall, pursuant to Article 2 of Council Regulation No. 857, allocate to each purchaser a reference quantity which shall be determined by reference to the quantity of milk or milk equivalent purchased by the purchaser during the reference year, and each purchaser shall, subject to the provisions of Article 3 of that regulation, allocate a reference quantity to each producer who, during the reference year, delivered a quantity of milk to the purchaser.

(2) The Minister may, in accordance with the provisions of Article 2 of Council Regulation No. 857 and Article 2 of Commission Regulation No. 1371, vary the percentage applied to determine a reference quantity.

(3) Where, during the reference year, a producer delivered a quantity of milk or milk equivalent to a purchaser, other than, or in addition to, his existing purchaser, the quantity of milk or milk equivalent so delivered shall be taken into account in calculating the reference quantity to be allocated under this Regulation to his existing purchaser.

(4) Subject to paragraph (5) of this Regulation, on and after the 1st day of April, 1986, the transfer of reference quantity of a producer who transfers his deliveries of milk in whole or in part from his existing purchaser to a new purchaser shall have effect only on the 1st day of April in any year: provided that the producer has, not later than the 1st day of December in the previous year, notified in writing the existing purchaser and the new purchaser of his intention of transferring such reference quantity to the new purchaser.

(5) Notwithstanding the provision of paragraph (4) of this Regulation, a producer may, subject to the approval of the Minister, transfer his reference quantity from an existing producer to a new purchaser with effect from a date other than the 1st day of April in any year if the existing purchaser and the new purchaser have consented in writing to such transfer.

(6) The Minister shall, in accordance with Article 6 of Council Regulation No. 857, and Article 4 of Commission Regulation No. 1371, allocate a reference quantity to producers who sell directly for consumption.

5. (1) Any amount...

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