European Communities (Milk Quota) Regulations, 2000

• Statutory Instrument No.: 94/2000
• Date: 30 March 2000

REGULATION NUMBER TITLE PAGE PART I PRELIMINARY AND GENERAL 1. Citation and Commencement 1 2. Interpretation 1 3. Competent Authority 6 PART II TRANSFER OF MILK QUOTA WITH LAND 4. Attachment of Quota to Land 6 5. Restriction on the Transfer of Milk Quota 7 6. Transfer of Land and Milk Quota - Family Transactions 8 7. Permanent Transfer of Land and Milk Quota 9 8. Partnerships 11 9. Purchase of Milk Quota by Lessee 11 10. Renewals of Land and Quota Leases 12 11. Purchase of Land and Quota which was subject of a Lease Agreement Executed on or after 13 October 1999 and prior to 1 April 2000 13 12. Expiry of Leases of Land and Quota - Transfer of Milk Quota to Lessor 13 13. Purchase of Land and Quota on or after 13 October 1999 and prior to 1 April 2000 14 14. Leases of Land and Quota Executed Prior to 1 April 2000 15 15. Imposition of Levy 15 16. Quota Attached to Land Situated in Less Favoured Areas 15 17. Recording of Milk Quota Transfers 16 PART III ENTITLEMENT TO RETAIN MILK QUOTA 18. Transfer of Lands Without Milk Quota 19 19. Certificates of Retention and Holding of Milk Quota 20 20. Certificate of Attachment of Milk Quota 23 21. Certificate of Temporary Retention of Milk Quota 25 22. Milk Quota Established on Lands held by Lease, Licence or Other Limited Interest 26 PART IV DORMANT QUOTA AND NATIONAL RESERVE 23. Dormant Milk Quotas - Surrender to the National Reserve 29 24. Dormant Milk Quotas - Part Surrender to the National Reserve 31 25. National Reserve 32 PART V MILK QUOTA SCHEMES 26. Restructuring of Milk Quota 33 27. Temporary Transfer of Milk Quota 34 28. Allocation of Unused Quantities 36 29. Definitive Discontinuation of Milk Production 36 30. Permanent Transfer of Direct Sales and Delivery Quotas 36 PART VI REGISTRATION OF MILK PURCHASERS 31. Register of Milk Purchasers 37 32. Sole Purchaser 38 33. Group of Purchasers 38 34. Joint Purchaser 39 35. Notification of Registration 40 36. Removal or Alteration of Registration 40 37. Access to Register 44 PART VII MILK PURCHASERS - OBLIGATIONS 38. Transfer of Milk Quota between Milk Purchasers 44 39. Milk Purchaser's Annual Declaration 47 40. Calculation of Levy 48 41. Collection of Levy 48 42. Deduction of Levy by Milk Purchasers 49 43. Recovery of Levy 50 44. Certification of Outstanding Levy 50 45. Milk Deliveries to a Milk Purchaser 50 46. Maintenance of Records - Milk Purchasers 51 47. Obligations and Liabilities of, and Penalties for Milk Purchasers 51 48. Recording of Milk Deliveries by Milk Purchasers 51 49. Recording of Milk Deliveries Against a Milk Quota 52 50. End of Milk Quota Year Statements for Individual Milk Producers 53 51. Fat Content of Milk Deliveries 53 52. Submission of Information 54 PART VIII DIRECT SELLERS 53. Maintenance of Records - Direct Sales Producers 55 54. Direct Sellers - Submission of Annual Declaration 55 PART IX MISCELLANEOUS 55. Appointment of Authorised Officers 55 56. Authorised Officers 56 57. Functions Performed by Authorised Officers 58 58. Powers of the Minister - Exceptional Circumstances 58 59. Offences 58 60. Offences by Corporate Bodies 59 61. Transitional Measures and Revocation of European Communities (Milk Quota) Regulations, 1995 59
EUROPEAN COMMUNITIES (MILK QUOTA) REGULATIONS, 2000
SCHEDULES
SCHEDULE TITLE FIRST CERTIFICATE OF ENTITLEMENT TO TRANSFER MILK QUOTA SECOND APPLICATION FORM UNDER REGULATION 7 OF THE ABOVE REGULATIONS FOR A CERTIFICATE OF ENTITLEMENT TO TRANSFER MILK QUOTA THIRD NOTICE OF PURCHASE OF LEASED QUOTA BY THE LESSEE FOURTH DELIVERY MILK QUOTA TRANSFER FORM FIFTH DIRECT SALES MILK QUOTA TRANSFER FORM SIXTH CERTIFICATE OF RETENTION OF MILK QUOTA SEVENTH CERTIFICATE OF HOLDING OF MILK QUOTA EIGHTH CERTIFICATE OF ATTACHMENT OF MILK QUOTA NINTH CERTIFICATE OF TEMPORARY RETENTION OF MILK QUOTA TENTH APPLICATION FORM UNDER REGULATION 19 OF THE ABOVE REGULATIONS FOR A CERTIFICATE OF RETENTION OR A CERTIFICATE OF HOLDING OF MILK QUOTA, OR BOTH ELEVENTH APPLICATION FORM UNDER REGULATION 20 OF THE ABOVE REGULATIONS FOR CERTIFICATE OF ATTACHMENT TWELFTH APPLICATION FORM UNDER REGULATION 21 OF THE ABOVE REGULATIONS, FOR A CERTIFICATE OF TEMPORARY RETENTION THIRTEENTH DECLARATION FOR TEMPORARY LEASING OF MILK QUOTA FOURTEENTH APPLICATION FOR A REGISTRATION AS A SOLE PURCHASER FIFTEENTH APPLICATION FOR REGISTRATION AS A GROUP OF PURCHASERS SIXTEENTH APPLICATION FOR REGISTRATION AS A JOINT PURCHASER SEVENTEENTH NOTICE OF INTENTION TO TRANSFER MILK QUOTA BETWEEN MILK PURCHASERS - PRODUCER TRANSFER NOTICE NUMBER I EIGHTEENTH NOTICE OF INTENTION TO TRANSFER MILK QUOTA BETWEEN MILK PURCHASERS - PRODUCER TRANSFER NOTICE NUMBER II NINETEENTH INTER MILK PURCHASER QUOTA TRANSFER FORM
S.I. No. 94 of 2000.
EUROPEAN COMMUNITIES (MILK QUOTA) REGULATIONS, 2000
I, JOE WALSH, Minister for Agriculture, Food and Rural Development, 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. 3950/921 of the 28 December 1992 and Commission Regulation (EEC) No. 536/93 of the 9 March 19932 , hereby make the following Regulations:
	CITATION AND COMMENCEMENT	1. (1) These Regulations may be cited as the European Communities (Milk Quota) Regulations, 2000.
(2) These Regulations shall come into operation on the 1 April 2000.
	INTERPRETATION	2. (1) In these Regulations -
“authorised officer” means a person appointed as an authorised officer under Regulation 55;
“company” means a company within the meaning of the Companies Acts, 1963 to 1990;
“Council Regulation No. 3950/92” means Council Regulation (EEC) No. 3950/92 of 28 December 1992;
“Commission Regulation No. 536/93” means Commission Regulation (EEC) No. 536/93 of 9 March 1993;
“date of transfer” means -
(a) in the case of a transfer or conveyance the date of transfer or conveyance,
(b) in the case of a lease the first day of the term of the lease agreement,
(c) in the case of inheritance the date of execution of the deed of assent by all necessary parties;
“delivery quota” means the quantity of milk or other milk products which may be delivered by a producer to a purchaser from his or her holding, in accordance with these Regulations, in a milk quota year without the producer being liable to pay levy;
“direct sales producer” means a person who is producing milk or other milk products which may be sold or transferred free for direct consumption as milk or other milk products.
“direct sales quota” means the quantity of milk or other milk products which may be sold or transferred free for direct consumption by a producer from a holding, in accordance with these Regulations in a milk quota year without the producer being liable to pay levy;
“existing purchaser” means a purchaser to whom a producer's milk quota or part thereof is for the time being attached;
“functions” includes powers and duties;
“holding” means all production units operated by the single producer and located within the geographical territory of a Member State;
“holding company” has the meaning that it has in section 155 of the Companies Acts, 1963;
“Industrial and Provident Society” means a Society registered under the Industrial and Provident Societies Acts, 1893 to 1978;
“individual purchaser” means a member of a registered group of purchasers or a registered joint purchaser;
“joint purchaser” means two or more bodies which are purchasers and are -
(a) wholly owned subsidiaries of the same holding company,
(b) a holding company and one or more wholly owned subsidiary or subsidiaries of that holding company,
(c) an industrial and provident society and one or more companies wholly owned by that society, or
(d) two or more companies wholly owned by an industrial and provident society;
“lease” for the purpose of these Regulations means a lease for a period of not less than 12 months and does not include an interest acquired by way of assignment or sub-lease or a licence;
“less favoured areas” means those areas described in the Annex to Council Directive 85/350/EEC of 27 June 1985 and in Annexes I and II to Council Directive 91/466/EEC of 22 July 1991;
“levy” means the levy referred to in Council Regulation No. 3950/92;
“Member State” means a Member State of the European Communities;
“milk quota year” means a 12 month period beginning on 1 April and ending on the following 31 March;
“milk quota” means, except in relation to a purchaser's milk quota, either a delivery or a direct sales quota or both;
“Minister” means Minister for Agriculture, Food and Rural Development;
“new entrant” means a person defined by the Minister as a New Entrant in a determination made by him or her under...