S.I. No. 266/1995 - European Communities (Milk Quota) Regulations, 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. 3950/92^1, of the 28th day of December, 1992, Council Regulation (EEC) No. 2055/93^2 of the 19th day of July 1993, Commission Regulation (EEC) No. 536/93 of the 9th day of March, 1993^3 and Commission Regulation (EEC) No. 2562/93^4of the 17th day of September, 1993 hereby make the following Regulations:

1 Short Title and Commencement.

1.

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.

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 the second holding company is a wholly owned subsidiary and of any other holding company (the fourth holding company) of which the third holding company is a wholly owned subsidiary and of any further holding company of which the fourth holding company is a wholly owned subsidiary and so on. Any such holding company shall, for the purposes of that definition, be deemed to be the holding company of any such wholly owned subsidiary. Furthermore, for the purposes of that definition, a company shall be deemed to be wholly owned by an industrial and provident society if, for those purposes, it is or is deemed to be a wholly owned subsidiary of a holding company where that holding company is owned by that society.

3 Competent Authority.

3.

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

4 Transfers of Land and Milk Quota.

4.

4. (1) Subject to the provisions of paragraphs (4), (5), (6), (7), (8), (9) AND (19) of this Regulation, where any holding, or part thereof is transferred by sale, lease, or inheritance the milk quota attached to that holding or part thereof shall be transferred by virtue of this Regulation to the producer to whom that transfer is made:

Provided that the requirements of Regulation 6 of these Regulations are complied with.

• (2) In this Regulation "land used for milk production" means any area used for the purpose of maintaining a milk production enterprise, including land used as pasture for cows producing milk and replacement heifers and land used for forage production for feeding to a dairy herd.

• (3) For the purposes of this Regulation and Regulations 5, 6, 7 and 8 of these Regulations, a milk quota shall be deemed to be attached to the land used for milk production in the last milk quota year, prior to the milk quota year ("the year of transfer") in which a transfer takes place or in which an application is made under Regulation 7 or 8 of these Regulations, in which the amount of milk production of the transferor was equal to or greater than 90 per cent of the quota in question minus—

( a ) any quota added thereto in the year of transfer or in the year before the year of transfer by means of a reallocation in accordance with Regulation 35 of these Regulations, and

( b ) any quota added thereto in the year of transfer or in the year before the year of transfer by allocation from a national reserve.

• (4) Notwithstanding paragraph (3) of this Regulation, in the case of a sale of land to which a milk quota is attached, the milk quota so acquired shall remain attached to such land for the purposes of this Regulation and Regulations 5, 6, 7 and 8 of these Regulations until the 31st day of March, 2000 where that sale takes place after the 31st day of March, 1994.

• (5) Paragraph (3) of this Regulation shall not apply to cases to which paragraph (6) of this Regulation applies.

• (6) This Regulation shall not apply to either—

( a ) a licence to occupy land, or

( b ) a lease for a period of less than twelve months.

• (7) ( a ) Subject to Regulation 9 of these Regulations, where a lease of any land to which a milk quota attaches expires that milk quota shall be transferred to the lessor of such land on that expiry.

( b ) Where a lease of any land to which a milk quota attaches expires on a date other than the last day of the milk quota year, the amount of the milk quota to be transferred to the lessor of such land on that expiry for the remainder of the milk quota year in question shall be an amount of milk quota calculated in accordance with procedures to be determined by the Minister.

( c ) The procedures for a determination under subparagraph (b) of this paragraph shall be set out in a notice to be published in a National newspaper as soon as may be after they are established.

• (8) Notwithstanding paragraph (1) of this Regulation, where a producer who holds a SLOM II quota sold or leased all of his holding before the 30th day of June, 1994, then that SLOM II quota shall by virtue of this Regulation be added to the national reserve. If part of the holding was sold or leased before the 30th day of June, 1994, then, a proportion of that SLOM II quota shall be so added to the national reserve and the proportion to be so added shall be in the same proportion to the total SLOM II quota as the part of the holding sold or leased is to the total holding.

• (9) Notwithstanding paragraph (1) of this Regulation, where a producer who holds a SLOM III quota sells or leases all of his holding before the 1st day of October, 1996, then that SLOM III quota shall by virtue of this Regulation be added to the national reserve. If part of the holding is sold or leased before the 1st day of October, 1996, then a proportion of that SLOM III quota shall be so added to the national reserve and the proportion to be so added shall be in the same proportion to the total SLOM III quota as the part of the holding sold or leased is to the total holding.

• (10) A person who purports to transfer or to acquire a milk quota, other than in accordance with these Regulations, shall be guilty of an offence.

• (11) A person who makes a transfer referred to in paragraph (1) of this Regulation and who purports to retain an entitlement to the milk quota shall be guilty of an offence.

• (12) A person to whom a transfer referred to in paragraph (1) of this Regulation is made and who purports to allow the transferor to retain an entitlement to the milk quota shall be guilty of an offence.

• (13) In a case where there was no year in which the amount of milk production referred to in paragraph (3) of this Regulation was achieved then for the purposes of this Regulation and Regulations 5, 6, 7 and 8 of these Regulations, no quota shall be deemed to be attached to any land except in accordance with a certificate of the Minister given under paragraph (14) of this Regulation.

• (14) On an application in writing being made to him for a certificate under this paragraph the Minister may certify that the quota in question shall be attached to such land as the Minister may think proper having regard to any land used for milk production in any period prior to the milk quota year in which the application is made which the Minister thinks proper to take account of.

• (15) Where the amount of milk production referred to in paragraph (3) of this Regulation was achieved entirely or partly on land held by the producer under a lease or licence or other limited interest then, for the purposes of this Regulation and Regulations 5, 6, 7 and 8 of these Regulations, no quota shall be deemed to be attached to any land except in accordance with a certificate of the Minister given under paragraph (16) of this Regulation.

• (16) On an application in writing being made to him for a certificate under this paragraph the Minister may certify that the quota in question shall be attached to such land as the Minister may think proper having regard to any land used for milk production in any period prior to the milk quota year in which the application is made which the Minister thinks proper to take account of.

• (17) Subject to paragraph (7) of this Regulation, the Minister may, under paragraph (16) of this Regulation, certify that milk quota shall be attached to land purchased or inherited at any time before the application for that certificate is made.

• (18) When the amount of milk production referred to in paragraph (3) of this Regulation relates to milk quota established entirely or partly on land held by the producer under a lease or licence or other limited interest, then, for the purposes of this Regulation and Regulation 9 of these Regulations, quota shall be deemed to be attached to that land where a declaration has not been given by the Minister under paragraph (1) of Regulation 9 of these Regulations.

• (19) The Minister may make a determination of the cases of transfers referred to in paragraph 1 of Article 7.1 of Council Regulation No. 3950/92 where any part of the milk quota is not transferred with the holding and is added to the national reserve.

• (20) A determination under paragraph (19) of this Regulation shall be made by way of a notice containing such determination published in a National newspaper.

5 Restricted Quota in Less Favoured Areas.

5.

5. (1) In the case of the transfer in accordance with Regulation 4 (1) of these Regulations, by way of sale, lease or inheritance, of any holding or part thereof situated in the less-favoured areas, the only milk which may be recorded against the milk quota attached to that holding or part thereof which is transferred shall be milk produced from a dairy herd permanently maintained on the transferred land, or on other lands operated by the transferee or on both such lands which are situated so that the distance between—

( a ) any part of the boundary of the transferred lands, where the transferred lands comprise of contiguous lands, or any part of the boundary of the largest part of the transferred lands where the transferred lands do not consist of contiguous lands, and

( b ) any part of the boundary of such other lands where those lands comprise of contiguous lands, or any part of the boundary of the largest part of such other lands on which the where those lands do not consist of contiguous lands,

does not exceed 48 kilometres.

• (2) A person to whom a transfer referred to in paragraph (1) of this Regulation is made and who knowingly delivers or offers for delivery to a purchaser with the intention that the milk be recorded against his restricted quota, milk which has been obtained from cows other than those in a dairy herd referred to in paragraph (1) of this Regulation, shall be guilty of an offence.

• (3) Paragraph (1) of this Regulation shall not apply to any transfer of land by way of a renewal of a lease of any land where that lease had not expired at the time of the commencement of these Regulations:

Provided that the person entitled to the lessee's interest at the expiry of the lease being renewed is either

( a ) the original lessee, or,

( b ) a person who has become entitled to the lessee's interest by way of inheritance;

and that person becomes entitled to that interest on that renewal.

6 Recording of Milk Quota Transfers.

6.

6. (1) Where there is a transfer by means of a sale, lease or inheritance to which Regulation 4(1) applies, the producer to whom the transfer is made shall, within two months of the date of transfer, give the documents referred to in paragraph (2) of this Regulation—

( a ) in the case of a delivery quota, to the purchaser to whom the quota is attached, or

( b ) in the case of a direct sales quota, to the Minister.

• (2) For the purposes of paragraph (1) of this Regulation the documents are—

( a ) in the case of a delivery quota, the form set out in the First Schedule to these Regulations and referred to in these Regulations as the "Delivery Milk Quota Transfer Form" which shall be signed by the transferor and the transferee,

( b ) in the case of a direct sales quota, the form set out in the Second Schedule to these Regulations and referred to in these Regulations as the "Direct Sales Milk Quota Transfer Form" which shall be signed by the transferor and the transferee, and

( c ) in the case of both a delivery and a direct sales quota, a copy of the instrument of transfer together with a map showing the land transferred.

• (3) Where paragraph (1) of this Regulation is complied with, the amount of the milk quota in question which, subject to paragraph (4) of this Regulation, on the date of the transfer of the holding or part thereof referred to in Regulation 4 (1) of these Regulations, has not been used by the transferor in the milk quota year in which the transfer takes place shall be transferred to the producer to whom that holding or part thereof is transferred with effect from the date of that transfer.

• (4) Where paragraph (1) of this Regulation is complied with, any unused quota attached to the holding or part thereof in question shall not, except in the case of a transfer by inheritance, be treated as part of the transferee's milk quota entitlement for the milk quota year in which the transfer of the holding or part thereof takes place but shall be treated as if it remained unused milk quota available for re-allocation by the Minister in respect of that milk quota year unless the transfer takes place before 31st December in that milk quota year and the documents referred to in paragraph (2) of this Regulation are given to the appropriate person before 31st December.

• (5) Where a milk quota is transferred to a lessor as a result of the expiry of a lease, nothing in this Regulation shall require the submission of a Milk Quota Transfer Form in relation to that transfer of quota.

• (6) The documents referred to in paragraphs (2) and (11) of this Regulation shall be kept until the 31st day of March, 2001, by the registered purchaser or the Minister as appropriate.

• (7) Where paragraph (1) of this Regulation is not complied with the milk quota in question shall not be transferred to the transferee unless the Minister makes a declaration under paragraph (10) of this Regulation.

• (8) Where paragraph (1) of this Regulation is not complied with the transferee may apply to the Minister in writing for a declaration under paragraph (10) of this Regulation.

• (9) Where an application is made under paragraph (8) of this Regulation the Minister may seek such information from the applicant as may be necessary to enable him to make his decision.

• (10) Subject to paragraph (12) of this Regulation, the Minister may make a declaration, on an application being made to him under paragraph (8) of this Regulation, that the milk quota in question is to be transferred to the transferee with effect from the date of the application or such other date as the Minister thinks proper.

• (11) Where the Minister makes a declaration under paragraph (10) of this Regulation the applicant shall notify the purchaser to whom the quota in question is attached and shall provide him with such documents as the Minister may specify.

• (12) A declaration may not be made by the Minister under paragraph (10) of this Regulation unless the transfer takes place before 31st December in the milk quota year in question and the documents referred to in paragraph (2) of this Regulation have been given to the appropriate person before 31st December.

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.

7.

7. (1) Where a producer who is entitled to a milk quota wishes to transfer his holding or part thereof to which that quota is attached to a public authority or for use in the public interest or for non agricultural purposes or where a public authority possessing compulsory purchase powers has given formal notice of intention to exercise those powers in respect of such a holding, or part thereof, and the producer intends to carry on milk production, he may apply to the Minister in the form set out in the Third Schedule to these Regulations for—

( a ) a certificate of retention of milk quota (in the form set out in the Fourth Schedule to these Regulations and referred to in these Regulations as a "Number 1 Certificate of Retention of Milk Quota") certifying that the milk quota attached to the lands proposed to be so transferred shall, in the event of such transfer, be attached to such remainder of the transferor's holding as may be specified in the certificate, or

( b ) a certificate (in the form set out in the Fifth Schedule to these Regulations and referred to in these Regulations as a "Number I Certificate of Transfer of Milk Quota") certifying that such milk quota shall, in the event of such transfer be attached to lands to be purchased or leased or inherited by the transferor within one year and three months of the date of the certificate: Provided that the proposed transfer referred to in the application under this paragraph is made within three months of the date of that certificate, or

( c ) a Number 1 Certificate of Retention and a Number 1 Certificate of Transfer in respect of different parts of such quota.

• (2) On receipt of an application under paragraph (1) of this Regulation, the Minister may grant a certificate or certificates referred to in paragraph (1) of this Regulation provided that each of the following requirements is satisfied:

( a ) the applicant submits to the Minister an application in the form set out in the Third Schedule to these Regulations before the date of the proposed transfer and supplies such information as the Minister may request,

( b ) the applicant gives a written undertaking that he intends to continue in milk production, and the Minister is of the opinion that such intention is bona fide,

( c ) the proposed transferee gives written consent to the application and is a public authority or satisfies the Minister that the proposed transfer is for a non-agricultural purpose or for use in the public interest and provides such information as the Minister may request,

( d ) the applicant provides the Minister with a draft of the proposed instrument of transfer and a map showing the entire of his holding outlining that area of the holding, whether all or part, which it is proposed to transfer,

( e ) where the applicant seeks a Number 1 Certificate of Retention, the Minister is satisfied that the milk quota is capable of being produced on the remainder specified in that application of his holding together with any other milk quota already attached to that remainder,

( f ) such remainder of his holding, if it is held under a lease, is held under a lease for three years or more,

( g ) the holding or part thereof to be so transferred shall be owned in fee simple by the applicant and, except in a case where a public authority possessing compulsory purchase powers has given formal notice of its intention to exercise those powers in respect of such a holding, or part thereof, shall have been so owned before the 1st day of April, 1994, by the applicant or by a person from whom the applicant acquired such a holding or part thereof, by way of inheritance,

( h ) where the applicant seeks a Number I Certificate of Retention of Milk Quota in respect of restricted quota, the Certificate of Retention will not be granted unless the distance between

• (i) any part of the boundary of the part of the lands to which the restricted quota is attached where those lands comprise of contiguous lands or any part of the boundary of the largest part of the lands to which the restricted quota is attached where those lands do not comprise of contiguous lands, and

• (ii) any part of the boundary of the lands to which the milk quota is to be attached where those lands comprise of contiguous lands, or any part of the boundary of the largest part of the lands to which the milk quota is to be attached where those lands do not comprise of contiguous lands

does not exceed forty-eight kilometres.

( i ) sub-paragraph (h) shall not apply in a case where a public authority possessing compulsory purchase powers has given formal notice of its intention to exercise those powers in respect of such a holding to which a restricted milk quota is attached,

( j ) the proposed transfer of the fee simple of the applicant shall not be subject to any other estate or interest unless approved of by the Minister, and

( k ) where the applicant seeks a Number I Certificate of Transfer of Milk Quota the application shall be executed in accordance with the rules for the execution of a will set out in section 78 of the Succession Act, 1965 .

• (3) Where a Number 1 Certificate of Retention of Milk Quota is granted, the milk quota shall be attached to any remainder of the transferor's holding specified in that certificate and in accordance with that certificate from the date on which the proposed transfer referred to in that certificate is made: provided that the transfer referred to in that certificate is made within three months of the date of that certificate.

• (4) Where a transfer in relation to which a Number I Certificate of Retention of Milk Quota has effect is made, the transferor shall notify in writing the Minister within two months of the date of that transfer, that the transfer has been made and shall furnish the Minister with such other information as the Minister may require.

• (5) A person who fails to comply with paragraph (4) of this Regulation shall be guilty of an offence.

• (6) On receipt of an application in the form set out in the Sixth Schedule to these Regulations, the Minister may grant a certificate (referred to in these Regulations as a "Number 1 Certificate of Attachment of Milk Quota") in the form set out in the Seventh Schedule to these Regulations provided that the applicant—

( a ) has a Number I Certificate of Transfer of Milk Quota in respect of the milk quota to be attached pursuant to the certificate applied for;

( b ) takes a lease of lands for a period of three years or more or purchases lands or inherits lands within one year and three months of the date of the Number I Certificate of Transfer of Milk Quota: Provided that the transfer referred to in that certificate is made within three months of the date of that certificate;

( c ) submits the application in the form set out in the Sixth Schedule to these Regulations within two months of the lease or purchase or inheritance referred to in subparagraph (b) of this paragraph;

( d ) in the case of restricted quota, subject to the exceptions referred to at sub-paragraphs (e) and (f) of this paragraph, takes a lease of land for a period of three years or more or purchases lands or inherits lands within one year and three months of the date of the Number I Certificate of Transfer of Milk Quota provided that the distance between—

• (i) any part of the boundary of the part of the lands to which the restricted quota was attached, where those lands comprise of contiguous lands, or any part of the boundary of the largest part of the lands to which the restricted quota was attached where those lands do not comprise of contiguous lands, and

• (ii) any part of the boundary of the lands to which the milk quota is to be attached where those lands comprise of contiguous lands, or any part of the boundary of the largest part of the lands to which the milk quota is to be attached where those lands do not comprise of contiguous lands

does not exceed forty-eight kilometres;

( e ) sub-paragraph (d) of this paragraph shall not apply in a case where a public authority possessing compulsory purchase powers has given formal notice of its intention to exercise those powers in respect of such a holding to which a restricted quota is attached;

( f ) sub-paragraph (d) shall not apply where the applicant seeking a Number I Certificate of Attachment of Milk Quota is transferring his entire holding where the holding to be so transferred is owned in fee simple, by the applicant or by the person from whom the applicant acquired such holding by way of inheritance, for a period of three years before the date of coming into operation of these Regulations;

( g ) satisfies the Minister that such land is capable of producing the milk quota;

( h ) gives a written undertaking that it is his intention to continue in milk production and satisfies the Minister that such intention is bona fide;

( i ) submits to the Minister a copy of each of the instruments of transfer or of the instrument of transfer and of the contract, as the case may be, and of the map, referred to in the Sixth Schedule to these Regulations; and

( j ) supplies such information as the Minister may request.

• (7) Where a Number I Certificate of Transfer of Milk Quota is granted, the grantee of the certificate, or, in the circumstances referred to in paragraph (13) of this Regulation, the person designated by him, shall remain entitled to the relevant milk quota for a period of one year and three months from the date of that certificate provided the transfer referred to in that certificate is made within three months of the date of that certificate, and shall remain so entitled after that period where the Minister has granted a Number I Certificate of Attachment of Milk Quota during that period.

• (8) The Minister may grant a Number 1 Certificate of Retention of Milk Quota or a Number 1 Certificate of Attachment of Milk Quota for part only of the milk quota where he is not satisfied that the lands in question are capable of producing the entire of the milk quota.

• (9) Where a Number 1 Certificate of Transfer of Milk Quota has been granted and where no Number 1 Certificate of Attachment of Milk Quota has been granted in respect of all or part of the milk quota in question during the period of one year and three months specified in paragraph (7) of this Regulation, then all or that part of that milk quota, as the case may be, shall be added to the national reserve.

• (10) A Number 1 Certificate of Retention of Milk Quota or a Number 1 Certificate of Transfer of Milk Quota shall have effect only where the transfer referred to in such certificate is made within three months of the date of that certificate.

• (11) Notwithstanding paragraph (10) of this Regulation, the Minister may, on an application being made in writing for that purpose to him during the period referred to in paragraph (10) of this Regulation or within two months following the end of that period, by the person to whom it was granted, extend the validity of a Number I Certificate of Transfer of Milk Quota or a Number I Certificate of Retention of Milk Quota issued under this Regulation where a failure to make a transfer referred to in such a certificate is due to some reasonable cause.

• (12) The Minister may, on an application being made in writing in that behalf to him by a person designated by a deceased grantee of a Number I Certificate of Transfer of Milk Quota during the period referred to in paragraph (10) of this Regulation, or within six months following the end of that period, extend the validity of a Number I Certificate of Transfer of Milk Quota.

• (13) Where a grantee of a Number 1 Certificate of Transfer of Milk Quota dies after making the transfer referred to in that certificate or where his personal representative makes or is obliged to make that transfer after his death, then the person designated by that grantee in his application for the certificate as the beneficiary in the event of the applicant's death of the right to attach the milk quota in question to land to be purchased or inherited or leased may, on compliance with the conditions referred to in paragraph (6) of this Regulation, apply for and be granted a Number 1 Certificate of Attachment of Milk Quota:

Provided that an undertaking for the purposes of sub-paragraph (h) of paragraph (6) of this Regulation need only be an undertaking that it is his intention to engage in milk production.

• (14) Where a person transfers by sale for use for a non-agricultural purpose any part of a holding which is not more than half a hectare in size and such part is one to which a milk quota is attached, such milk quota shall be attached to the remainder of the transferor's holding from the date of the transfer:

Provided that that remainder is capable of producing that amount of quota and the instrument of transfer contains a declaration by the transferee that he does not intend to use the land so transferred for agricultural purposes and that he consents to the retention by the transferor of the milk quota attached to that land.

• (15) Paragraph (14) of this Regulation shall apply to only two such transfers by a person in any one calendar year.

• (16) A reference in this Regulation to a transfer or a proposed transfer shall include, where appropriate, a reference to a compulsory acquisition by a public authority possessing compulsory purchase powers or to a proposed transfer to such a public authority which has given formal notice of intention to exercise those powers.

8 Relocation of Milk Quota upon Consolidation of a Holding.

8.

8. (1) Where a producer wishes to improve the structure of milk production on his holding by—

( a ) a transfer of all of his holding with a subsequent purchase or inheritance of other lands in fee simple, or

( b ) a transfer of part of his holding, whether with or without a subsequent purchase or inheritance of other land in fee simple,

he may apply to the Minister before the proposed transfer for—

• (i) a certificate (in the form set out in the Eighth Schedule to these Regulations and referred to in these Regulations as a "Number II Certificate of Retention of Milk Quota") that the milk quota attached to the part of his holding which he proposes to transfer shall, in the event of such transfer, be attached to such other part of his holding as may be specified in the certificate, or

• (ii) a certificate (in the form set out in the Ninth Schedule to these Regulations and referred to in these Regulations as a "Number II Certificate of Transfer of Milk Quota") that such milk quota shall, in the event of such transfer, be attached to land to be purchased or inherited by the transferor within one year and three months of the date of the certificate, or

• (iii) a Number II Certificate of Retention of Milk Quota and a Number II Certificate of Transfer of Milk Quota in respect of different parts of such milk quota.

• (2) On receipt of an application under paragraph (1) of this Regulation, the Minister may grant a certificate or certificates referred to in paragraph (1) of this Regulation provided that each of the following requirements is satisfied:

( a ) the applicant submits to the Minister an application for a certificate in the form set out in the Tenth Schedule to these Regulations before the date of the proposed transfer and supplies such information as the Minister may request,

( b ) the Minister is satisfied that the producer will improve the structure of milk production on his holding as a result of the proposed transfer, or of the proposed transfer and a subsequent purchase or inheritance, as the case may be,

( c ) the applicant gives a written undertaking of his intention to continue in milk production and satisfies the Minister that such intention is bona fide,

( d ) the proposed transferee gives written consent to the application for a certificate or certificates,

( e ) the applicant provides the Minister with a draft of the proposed instrument of transfer and a map showing the entire of his holding, and outlining that area of the holding, whether all or part, which it is proposed to transfer,

( f ) where the applicant seeks a Number II Certificate of Retention of Milk Quota the Minister is satisfied that such milk quota is capable of being produced on the remainder specified in the application of his holding together with any other milk quota already attached to that remainder of his holding and that that remainder is held in fee simple,

( g ) the holding or part thereof to be so transferred shall be owned in fee simple by the applicant and shall have been so owned before the 1st day of April, 1994 by the applicant or by a person from whom the applicant acquired such a holding or part thereof, by way of inheritance,

( h ) where the applicant seeks a Number II Certificate of Retention of Milk Quota, in respect of restricted quota, the Certificate of Retention will not be granted unless the distance between—

• (i) any part of the boundary of the part of the lands to which the restricted quota is attached where those lands comprise of contiguous lands, or any part of the boundary of the largest part of the lands to which the restricted quota is attached where those lands do not comprise of contiguous lands, and

• (ii) any part of the boundary of the lands to which the milk quota is to be attached where those lands comprise of contiguous lands, or any part of the boundary of the largest part of the lands to which the milk quota is to be attached where those lands do not comprise of contiguous lands—

does not exceed forty-eight kilometres,

( i ) the proposed transfer of the applicant's fee simple shall not be subject to any other estate or interest, unless approved of by the Minister, and

( j ) where the applicant seeks a Number II Certificate of Transfer the application shall be executed in accordance with the rules for the execution of a will set out in Section 78 of the Succession Act, 1965 .

• (3) Where a Number II Certificate of Retention of Milk Quota is granted, the milk quota shall be attached to any remainder of the transferor's holding specified in that certificate and in accordance with that certificate from the date on which the proposed transfer referred to in that certificate is made: provided the transfer referred to in that certificate is made within three months of the date of that certificate.

• (4) Where a transfer in relation to which a Number II Certificate of Retention of Milk Quota has effect is made, the transferor shall notify in writing the Minister within two months of the date of that transfer, that the transfer has been made and shall furnish the Minister with such other information as the Minister may require.

• (5) A person who fails to comply with paragraph (4) of this Regulation shall be guilty of an offence.

• (6) On receipt of an application in the form set out in the Eleventh Schedule to these Regulations, the Minister may grant a certificate (referred to in these Regulations as a "Number II Certificate of Attachment of Milk Quota") in the form set out in the Twelfth Schedule to these Regulations provided that the applicant:

( a ) has a Number II Certificate of Transfer of Milk Quota in respect of the milk quota to be attached pursuant to the certificate applied for,

( b ) purchases or inherits land within one year and three months of the date of the Number II Certificate of Transfer of Milk Quota:

Provided the transfer referred to in that certificate is made within three months of the date of that certificate,

( c ) submits the application in the form set out in the Eleventh Schedule to these Regulations within two months of the purchase or inheritance referred to in subparagraph (b) of this paragraph,

( d ) in the case of restricted quota, subject to the exception referred to at sub-paragraph (e) of this paragraph, purchases land or inherits land within one year and three months of the date of the Number II Certificate of Transfer of Milk Quota, provided that the distance between—

• (i) any part of the boundary of the part of the applicant's holding to which the restricted quota was attached where those lands comprise of contiguous lands or any part of the boundary of the largest part of the applicant's holding to which the restricted quota was attached where those lands do not comprise of contiguous lands, and

• (ii) any part of the boundary of the lands to which the milk quota is to be attached where those lands comprise of contiguous lands, or any part of the boundary of the largest part of the lands to which the milk quota is to be attached where those lands do not comprise of contiguous lands—

does not exceed forty-eight kilometres,

( e ) sub-paragraph (d) of this paragraph shall not apply where the applicant seeking a Number II Certificate of Attachment of Milk Quota transferred his entire holding where the holding so transferred was owned in fee simple by the applicant or by the person from whom the applicant acquired such holding by way of inheritance, for a period of three years before the date of coming into operation of these Regulations,

( f ) satisfies the Minister that the land is capable of producing the milk quota,

( g ) gives a written undertaking that it is his intention to continue in milk production and satisfies the Minister that such intention is bona fide,

( h ) the applicant submits to the Minister a copy of each of the instruments of transfer or of the instrument of transfer and of the contract as the case may be and of the map referred to in the Eleventh Schedule to these Regulations, and

( i ) supplies such information as the Minister may request.

• (7) Where a Number II Certificate of Transfer of Milk Quota is granted, the grantee of the Certificate or, in the circumstances referred to in paragraph (13) of this Regulation, the person designated by him, shall remain entitled to the relevant milk quota for a period of one year and three months from the date of that certificate, provided the transfer referred to in that certificate is made within three months of the date of that certificate, and shall remain so entitled after that period where the Minister has granted a Number II Certificate of Attachment of Milk Quota during that period.

• (8) The Minister may grant a Number II Certificate of Retention of Milk Quota or a Number II Certificate of Attachment of Milk Quota for part only of the milk quota where he is not satisfied that the land in question is capable of producing the entire of the milk quota.

• (9) Where a Number II Certificate of Transfer of Milk Quota has been granted and where no Number II Certificate of Attachment of Milk Quota has been granted in respect of all or part of the milk quota concerned during the period specified in paragraph (7) of this Regulation, then all or that part of that milk quota, as the case may be, shall be added to the national reserve.

• (10) A Number II Certificate of Retention of Milk Quota or a Number II Certificate of Transfer of Milk Quota shall have effect only where the transfer referred to in such certificate is made within three months of the date of that certificate.

• (11) Notwithstanding paragraph (10) of this Regulation, the Minister may, on an application being made in writing in that behalf to him during the period referred to in paragraph (10) of this Regulation, or within two months following the end of that period, by the person to whom the certificate was granted, extend the validity of a Number II Certificate of Transfer of Milk Quota or a Number II Certificate of Retention of Milk Quota issued under this Regulation, where a failure to make the transfer referred to in such a certificate is due to some reasonable cause.

• (12) The Minister may, on an application being made in writing in that behalf by a person designated by a deceased grantee of a Number II Certificate of Transfer of Milk Quota during the period referred to in paragraph (10) of this Regulation, or within six months following the end of that period, extend the validity of a Number II Certificate of Transfer of Milk Quota.

• (13) Where a grantee of a Number II Certificate of Transfer of Milk Quota dies after making the transfer referred to in that certificate or where his personal representative makes or is obliged to make that transfer after his death, then the person designated by that grantee in his application for the certificate as the beneficiary in the event of the applicant's death of the right to attach the milk quota in question to land to be purchased or inherited may, on compliance with the conditions referred to in paragraph (6) of this Regulation, apply for and be granted a Number II Certificate of Attachment of Milk Quota:

Provided, that an undertaking for the purposes of subparagraph (g) of paragraph (6) of this Regulation need only be an undertaking that it is his intention to engage in milk production.

9 Milk Quota Established on Lands held by Lease, Licence or other Limited Interest.

9.

9. (1) Where, in respect of land to which milk quota attaches, there is a lease or licence or other limited interest due to expire without any possibility of renewal on similar terms, the person entitled to such an interest may apply in writing to the Minister for a declaration that all or part of the milk quota concerned shall be transferred to him and the Minister may make a declaration that all or part of the milk quota shall be so transferred.

• (2) An application under paragraph (1) shall be made within whichever of the following times is applicable, that is to say:

( a ) in the case of a lease or licence terminated by notice to quit, after service of such notice but before such notice takes effect, or

( b ) in the case of a lease or licence or other limited interest terminating by the expiration of a term of years or other certain period or by any other certain event, not less than three months before such termination, or

( c ) in the case of a lease or licence or other limited interest which has expired by termination of possession, not more than three months after such termination or within three months from the date on which notification of termination has been given, whichever is the earlier.

• (3) The Minister shall, if he considers it appropriate to do so, make a declaration under paragraph (1) of this Regulation within three months after the date of receipt of a request under that paragraph.

• (4) A declaration under paragraph (1) of this Regulation shall not be made unless the applicant for such declaration supplies such information as the Minister may request and the Minister is satisfied that any person who has an interest in the proposed declaration has been given notice in writing of the consideration by the Minister of the matter and has had an opportunity to submit observations in writing in that behalf.

• (5) Where an application has been made under paragraph (1) of this Regulation, the Minister may stay the operation of paragraph (7) of Regulation 4 of these Regulations for a period not exceeding six months.

• (6) Where the Minister has made a declaration under paragraph (1) of this Regulation the person in whose favour that declaration has been made or the person designated by him in his application for the declaration as the beneficiary in the event of his death of the right to attach the milk quota in question to land to be purchased, inherited or leased shall remain entitled to the milk quota for a period of one year and three months from the date of the declaration and he shall remain so entitled after that period where the Minister has granted a Number III Certificate of Attachment in the form set out in the Thirteenth Schedule to these Regulations during that period.

• (7) On an application in writing being made within two months of the expiry of a period referred to in paragraph (2) of this Regulation the Minister may extend the time for making an application referred to in that paragraph by one month where he is satisfied that a failure to make such an application was due to some reasonable cause.

• (8) On receipt of an application, the Minister may grant a certificate referred to in these Regulations as a Number III Certificate of Attachment of Milk Quota provided that the applicant satisfies each of the following requirements, namely, he—

( a ) has received a declaration under paragraph (1) of this Regulation in respect of the milk quota to be attached pursuant to the certificate applied for,

( b ) owns land, or has a lease of land for a period of three years or more, or purchases land, or inherits land within one year and three months after the date of the declaration,

( c ) applies to the Minister in writing within two months of the lease or purchase or inheritance referred to in subparagraph (b) of this paragraph, or within two months of the date of the declaration granted under paragraph (1) of this Regulation in the case of land owned at the date of that declaration,

( d ) satisfies the Minister that the land referred to at subparagraph (b) of this paragraph is capable of producing the milk quota,

( e ) gives a written undertaking that it is his intention to continue in milk production, and satisfies the Minister that such intention is bona fide,

( f ) submits to the Minister a map of the land referred to at subparagraph (b) of this paragraph and in the case of land not owned at the date of the declaration a copy of the instrument of transfer,

( g ) supplies such information as the Minister may request.

• (9) The Minister may grant a Number III Certificate of Attachment of Milk Quota for part only of the milk quota where he is not satisfied that the land in question is capable of producing the entire of the milk quota.

• (10) Where no Number III Certificate of Attachment of Milk Quota has been granted in respect of all or part of the milk quota included in the declaration referred to in paragraph (1) of this Regulation during the period of one year and three months specified in paragraph (6) of this Regulation then all or that part of that milk quota shall be added to the national reserve.

• (11) Paragraph (1) of this Regulation shall apply to a person who has established a quota or his heirs but it shall not apply to a person who has acquired quota by way of a lease of land and quota.

• (12) An application under paragraph (1) of this Regulation in relation to a lease referred to in a Number 1 Certificate of Retention of Milk Quota or a Number 1 Certificate of Attachment of Milk Quota shall be granted.

• (13) An application under paragraph 1 of this Regulation in relation to a lease referred to in a Number III Certificate of Attachment shall be granted.

• (14) A person entitled to a lease referred to in paragraph (12) or paragraph (13) of this Regulation who fails to notify the Minister of the expiry of that lease shall be guilty of an offence.

• (15) The Minister may add to the national reserve a milk quota to which a person was entitled by virtue of an expired lease referred to in paragraph (12) or paragraph (13) of this Regulation where no application under paragraph (1) of this Regulation has been made.

• (16) Where a grantee of a declaration under paragraph (1) of this Regulation dies after receiving the declaration then the person who shall have been designated by that grantee in his application for that declaration as the beneficiary in the event of his death of the right to attach the milk quota in question to land owned or to be purchased or inherited or leased may, on compliance with the conditions referred to in paragraph (8) of this Regulation, apply for and be granted a Number III Certificate of Attachment: Provided that an undertaking for the purposes of paragraph (8) (e) of this Regulation need only be an undertaking that it is his intention to engage in milk production.

• (17) An application under paragraph (1) of this Regulation shall be executed in accordance with the rules for the execution of a will set out in section 78 of the Succession Act, 1965 .

10 Calculation of Levy.

10.

10. For the purposes of Article 2.1 of Council Regulation No. 3950/92 (which deals with the calculation of the levy) the contribution towards the levy of the producers who make wholesale deliveries shall be established, in accordance with the provisions of that Article, at the level of the purchaser.

11 National Reserve.

11.

11. (1) The Minister may replenish the national reserve by a reduction by a specified percentage of each of the individual milk quotas in order to grant additional or specific milk quotas to producers determined in accordance with objective criteria agreed with the Commission of the European Communities and published by the Minister in a National newspaper.

• (2) Whenever the Minister makes a reduction under paragraph (1) of this Regulation, notice of such reduction shall be given by ordinary prepaid post to each purchaser and a notice of that reduction shall be inserted in a National newspaper and that notice shall state in general terms the reason for the reduction.

• (3) The Minister shall, by notice published in a National newspaper, specify the manner in which milk quotas shall be granted to the producers referred to in paragraph (1) of this Regulation and the conditions to be complied with by a producer to whom such a grant is to be made.

12 Transfer of Milk Quota between Purchasers.

12.

12. (1) The Minister shall establish, from time to time, the total of any delivery quotas attached to each purchaser, for the purposes of these Regulations and the Council and the Commission Regulations.

• (2) The Minister shall notify, in writing, a purchaser of any change in his milk quota made pursuant to these Regulations.

• (3) A producer may transfer his delivery quota, in whole or in part, from his existing purchaser to a new purchaser, in any quarter beginning 1 January, 1 April, 1 July or 1 October, by commencing deliveries of milk in that quarter to the new purchaser pursuant to notices under paragraphs (4) and (5) of this Regulation.

• (4) A producer who wishes to effect a transfer referred to in paragraph (3) of this Regulation, shall send to the purchasers concerned, notices of his intention to make a transfer in that quarter and the notices shall be sent in sufficient time so as to arrive not later than the last day which is not a Saturday, Sunday or public holiday, of the second last quarter before the commencement of the quarter in which he wishes the transfer to be effected.

• (5) The notices referred to in paragraph (4) of this Regulation shall be sent —

( a ) to the existing purchaser, a notice (referred to in these Regulations as Producer Transfer Notice Number 1) in the form set out in the Fourteenth Schedule to these Regulations, and

( b ) to the new purchaser, a notice (referred to in these Regulations as Producer Transfer Notice Number II) in the form set out in the Fifteenth Schedule to these Regulations which notice shall be accompanied by—

• (i) where the quota to be transferred includes quota to which the producer is entitled under a lease of land, a copy of the lease and,

• (ii) if applicable, a copy of the "Delivery Milk Quota Transfer Form" referred to in subparagraph (a) of Paragraph (2) of Regulation 6 of these Regulations.

• (6) Where the producer does not commence deliveries to the new purchaser in the quarter referred to in such notices those notices shall cease to have any effect.

• (7) Where deliveries to a new purchaser pursuant to such notices have commenced, that purchaser shall, within two months of the date of such commencement, apply in writing to the Minister in accordance with paragraph (10) of this Regulation for an appropriate adjustment in its milk quota and in that of the existing purchaser.

• (8) The Minister shall refuse to grant an application under paragraph (7) of this Regulation unless the applicant provides him with copies of the certificates of posting or other similar evidence in writing of posting referred to in paragraph (14) of this Regulation.

• (9) The Minister shall give notice in writing to the existing purchaser of the application referred to in paragraph (7) of this Regulation.

• (10) The application referred to in paragraph (7) of this Regulation shall be in such form and shall contain such information as the Minister may, from time to time, specify in a notice to purchasers.

• (11) A person who fails to comply with paragraph (7) of this Regulation shall be guilty of an offence.

• (12) Notwithstanding paragraph (3) of this Regulation, a producer may apply in writing to the Minister for approval for the transfer of his delivery quota, in whole or in part, from the existing purchaser to a new purchaser with effect from a date specified in the application and such application shall state the reason why it is being made and the Minister shall give notice in writing to the existing purchaser and the new purchaser of any such application and shall give each of them an opportunity to state his views in writing.

• (13) Where the Minister gives an approval under paragraph (12) of this Regulation, he may do so with effect from a date other than that specified in the application and on specified conditions as to the giving of notices to the existing purchaser and the new purchaser.

• (14) The notices referred to in paragraph (4) and paragraph (5) of this Regulation shall be sent by pre-paid registered post and such notices shall not be valid unless certificates of posting are, or other similar evidence in writing of posting is, obtained from An Post, which the producer shall make available for inspection and copying, at the request of the existing purchaser, or the Minister, or an authorised officer, and the producer shall give copies of the certificates of posting or other such evidence to the new purchaser and shall make them available for inspection by that purchaser.

• (15) The amount of the delivery quota transferred in accordance with this Regulation shall, in accordance with the second sub-paragraph of Article 2.2 of Council Regulation No. 3950/92, be reduced so as to take account of the amount of milk quota necessary to cover the deliveries made by the producer to his existing purchaser in the milk quota year in which the transfer takes place.

• (16) The power of the Minister under paragraph (1) of this Regulation includes the power to revise, whether by a reduction or increase, a purchaser's milk quota where he is satisfied that a particular delivery quota or part thereof should not be regarded as being attached to the purchaser whether because the person apparently entitled thereto is not in fact so entitled or for any other reason.

• (17) The power referred to in paragraph (16) of this Regulation shall not be exercised unless all persons who in the opinion of the Minister have an interest in the proposed revision have been given notice in writing of the consideration by the Minister of the matter and are given an opportunity to submit observations in writing.

• (18) A transfer of a quota under paragraph (3) of this Regulation to which a producer is entitled under a lease of land shall cease to have effect on the expiry of that lease and shall not operate to attach that quota in the name of the lessor to the purchaser to whom the quota had been attached under that transfer and such quota shall, in accordance with paragraph (7) of Regulation 4 of these Regulations on such expiry become attached to the purchaser to which it had been attached before such transfer.

• (19) A transfer of a milk quota, from one purchaser to another purchaser which took place before the coming into operation of these Regulations, to which a producer is entitled under a lease of land shall cease to have effect on the expiry of that lease and shall not operate to attach that quota in the name of the lessor to the purchaser to whom the quota had been attached under that transfer and such quota shall, in accordance with paragraph (7) of Regulation 4 of these Regulations on such expiry become attached to the purchaser to which it had been attached before such transfer.

13 Collection of Levy.

13.

13. (1) Any amount due in respect of the levy which is payable by a purchaser or a direct sales producer pursuant to Council Regulation No. 3950/92 or Commission Regulation No. 536/93 or any amount due in respect of the application of the penalty which is provided for in Article 3.2 of Commission Regulation No. 536/93 or the penalty provided for in Article 4.2 of the said Commission Regulation shall be paid to the Minister by the person from whom it is due in accordance with the said Regulations and these Regulations.

• (2) Any amount due in respect of the levy which is not paid to the Minister in accordance with paragraph (1) of this Regulation shall bear interest at the rate per annum standing specified for the time being in section 26 of the Debtors (Ireland) Act, 1840, in accordance with sub-paragraph 2 of Article 3.4 of Commission Regulation No. 536/93 in the case of purchasers and in accordance with sub-paragraph 2 of Article 4.4 of Commission Regulation No. 536/93 in the case of direct sales producers.

• (3) Any amount due to the Minister which is not paid to him under paragraph (1) or (2) of this Regulation may be recovered in any court of competent jurisdiction by the Minister from the person by whom it is payable as a simple contract debt due to the Minister.