European Communities (Milk Quota) Regulations, 1995

• Jurisdiction: Ireland
• Citation: IR SI 266/1995
• Year: 1995

Section
1. Short Title and Commencement.
2. Interpretation.
3. Competent Authority.
4. Transfers of Land and Milk Quota.
5. Restricted Quota in Less Favoured Areas.
6. Recording of Milk Quota Transfers.
7. Relocation of Milk Quota upon transfer of Lands to a Public Authority or for use in the public interest or for Non-agricultural purposes.
8. Relocation of Milk Quota upon Consolidation of a Holding.
9. Milk Quota Established on Lands held by Lease, Licence or other Limited Interest.
10. Calculation of Levy.
11. National Reserve.
12. Transfer of Milk Quota between Purchasers.
13. Collection of Levy.
14. Milk Purchaser's Annual Declaration.
15. Allocation of Unused Quantities.
16. Temporary Leasing.
17. Register of Milk Purchasers.
18. Sole Purchaser.
19. Group of Purchasers.
20. Joint Purchaser.
21. Notification of Registration.
22. Removal or Alteration of Registration.
23. Access to Register.
24. Milk Deliveries to a Purchaser.
25. Maintenance of Records — Milk Purchasers.
26. Maintenance of Records — Direct Sales Producers.
27. Recording of Milk Deliveries.
28. Recording of Milk Intake.
29. Deduction of Levy by Milk Purchasers.
30. Recovery of Levy.
31. Fat Content of Milk Deliveries.
32. Dormant Milk Quotas.
33. Definitive Discontinuation of Milk Production.
34. Permanent Transfers of Direct Sales and Delivery Quotas.
35. Restructuring of Milk Quotas.
36. Appointment of Authorised Officers.
37. Authorised Officers.
38. Functions performed by Authorised Officers.
39. Certification of Outstanding Levy.
40. Submission of False Information — Direct Sellers.
41. Submission of Information.
42. Obligations, Liabilities and Penalties for Purchasers.
43. Offences by Corporate Bodies.
44. Offences.
45. Transitional Measures.
46. Revocation of the European Communities (Milk Quota) Regulations, 1994.
S.I. No. 266 of 1995.
EUROPEAN COMMUNITIES (MILK QUOTA) REGULATIONS, 1995.
I, IVAN YATES, Minister for Agriculture, Food and Forestry, 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 28th day of December, 1992, Council Regulation (EEC) No. 2055/932 of the 19th day of July 1993, Commission Regulation (EEC) No. 536/93 of the 9th day of March, 19933 and Commission Regulation (EEC) No. 2562/934 of the 17th day of September, 1993 hereby make the following Regulations:
	1 Short Title and Commencement.	1. (1) These Regulations may be cited as the European Communities (Milk Quota) Regulations, 1995.
(2) These Regulations shall come into operation on the 4th day of October, 1995.
	2 Interpretation.	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;
"company" means a company within the meaning of the Companies Acts, 1963 to 1990 and "companies" shall be construed accordingly;
"Council Regulation No. 3950/92" means Council Regulation (EEC) No. 3950/92 of the 28th day of December, 1992, as amended or extended, from time to time;
"Council Regulation No. 2055/93" means Council Regulation (EEC) No. 2055/93 of the 19th day of July, 1993, as amended or extended from time to time;
1O.J. No. L 405 31.12.92, p. 1.
2O.J. No. L187 19.7.93, p. 8.
3O.J. No. L57 10.3.93, p.12.
4O.J. No. L235 18.9.93, p.18.
"Commission Regulation No. 536/93" means Commission Regulation (EEC) No. 536/93 of the 9th day of March, 1993, as amended or extended from time to time;
"Commission Regulation No. 2562/93" means Commission Regulation (EEC) No 2562/93 of the 17th day of September, 1993 as amended or extended from time to time;
"the Council and the Commission Regulations" means the said Regulations;
"delivery quota" means the quantity of milk or other milk products which may be delivered by a producer to a purchaser from his holding [in accordance with these Regulations] in a milk quota year without the producer being liable to pay levy;
"direct sales quota" means the quantity of milk or 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 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;
"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, or
( b ) a holding company and one or more wholly owned subsidiary or subsidiaries of that holding company, or
( 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;
"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 of Council Directive 91/466/EEC of 22 July 1991, as amended or extended from time to time;
"levy" means the levy referred to in Council Regulation No. 3950/92;
"milk quota year" means a twelve 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, both a delivery and a direct sales quota;
"the Minister" means the Minister for Agriculture, Food and Forestry;
"public authority" means —
( a ) a Minister of the Government,
( b ) the Commissioners of Public Works in Ireland,
( c ) a local authority for the purposes of the Local Government Act, 1941 ,
( d ) a harbour authority within the meaning of the Harbours Act, 1946 ,
( e ) a health board established under the Health Act, 1970 ,
( f ) a vocational education committee within the meaning of the Vocational Education Act, 1930 ,
( g ) a board or other body established by or under statute,
( h ) a company in which all the shares are held by, or on behalf of, or by directors appointed by, a Minister of the Government,
( i ) a company in which all the shares are held by a board, a company, or other body referred to in paragraph (g) or (h) of this definition;
"purchaser's milk quota" means the milk quota of a purchaser established, from time to time, under these Regulations, the Council Regulations and the Commission Regulations;
"registered group of purchasers" means two or more purchasers registered as a group under Regulation 17 of these Regulations;
"registered joint purchaser" means two or more bodies registered as a joint purchaser under Regulation 17 of these Regulations;
"registered sole purchaser" means a purchaser registered as a sole purchaser under Regulation 17 of these Regulations;
"restricted quota" means a milk quota attached to lands situated in the less favoured areas;
"the register" has the meaning assigned to it by Regulation 17 of these Regulations and cognate words shall be construed accordingly;
"SLOM II Quota" means a special milk quota referred to in Article 4 (3) of Council Regulation No. 3950/92;
"SLOM III Quota" means a special milk quota referred to in Council Regulation No. 2055/93;
"sole purchaser" means a purchaser who does not form part of a registered group of purchasers or a registered joint purchaser;
"subsidiary company" has the meaning that it has in Section 155 of the Companies Act, 1963 ,
(2) A word or expression that is used in these Regulations and is also used in the Council and the Commission Regulations or in any of them, shall, unless the contrary intention is expressed, have in these Regulations the meaning it has in those Regulations or in any of them.
(3) Any reference in these Regulations to a transfer by sale, lease or inheritance shall include a reference to other transfers having a comparable legal effect for producers.
(4) In these Regulations a reference to a lease does not include a reference to a licence.
(5) A reference to a transfer of a holding or part thereof in Regulations 4, 5, 6, 7, 8 and 9 of these Regulations means a reference to such a transfer under which the right to operate the holding or part thereof is transferred.
(6) A reference to a registered purchaser in these Regulations means a reference to a registered sole purchaser, a registered group of purchasers or a registered joint purchaser unless the contrary intention is expressed.
(7) A reference to a purchaser in Regulation 6, 12, 24 (2), 24 (3), 25, 27, 28, 29, 31, 32, 33 or 35 of these Regulations means a reference to a sole purchaser or an individual purchaser.
(8) A reference to a purchaser in Regulation 10, 13, 14, 30 or 39 of these Regulations means a reference to a sole purchaser, a registered group of purchasers or a registered joint purchaser.
(9) For the purposes of the definition of "joint purchaser" in paragraph (1) of this Regulation a company which is a wholly owned subsidiary of a holding company (the first holding company) within the meaning of section 155 of the Companies Act, 1963 , shall also be deemed to be a wholly owned subsidiary of any other holding company (the second holding company) of which the first holding company is a wholly owned subsidiary and of any other holding company (the third holding company) of which...