S.I. No. 266/1995 - European Communities (Milk Quota) Regulations, 1995
This is the act as published. Later amendments are not folded into the text below: each one is a separate act in this repository and an entry in this law's history.
2 amending acts · 2000-03-30, S.I. No. 94/2000 - European Communities (Milk Quota) Regulations, 2000
- (4) A person who is liable under these Regulations to pay to the Minister an amount due on foot of the levy and fails to do so shall be guilty of an offence.
14 Milk Purchaser's Annual Declaration.
14.
14. (1) Before the 15th day of May in each year, a purchaser shall forward to the Minister a statement setting out the sum of the delivery quotas attached to it in the previous milk quota year and in respect of any milk and any milk equivalent delivered to it in the previous milk quota year—
( a ) the total quantity,
( b ) the quantity corrected in accordance with Article 2 of Commission Regulation No. 536/93,
( c ) the average fat content of any such milk or milk equivalent, and
( d ) the average representative fat content associated with the delivery quotas of the producers who delivered that milk.
- (2) A person who fails to comply with paragraph (1) of this Regulation or forwards to the Minister in purported compliance with that paragraph a statement that is false or misleading in a material respect shall be guilty of an offence.
15 Allocation of Unused Quantities.
15.
15. For the purposes of Article 2.4 of Council Regulation No. 3950/92 the Minister may, by notice published in a National newspaper, specify the priority categories of producers determined in accordance with Article 5 of Commission Regulation No. 536/93 who will benefit from the application of Article 2.4 of Council Regulation No. 3950/92.
16 Temporary Leasing.
16.
16. (1) The Minister may determine in accordance with the 2nd paragraph of Article 6.1 of Council Regulation No. 3950/92 the categories of producers who may benefit from quota made available by way of temporary transfer under the 1st paragraph of Article 6 of the Council Regulation No. 3950/92.
- (2) A determination under paragraph (1) of this Regulation shall be made by a notice containing such determination published in a National newspaper.
- (3) The Minister may determine in accordance with the 2nd paragraph of Article 6.1 of Council Regulation No. 3950/92 the extent to which temporary transfers under paragraph (1) of this Regulation may be renewed.
- (4) A determination under paragraph (3) of this Regulation shall be made by way of a notice containing such determination published in a National newspaper.
17 Register of Milk Purchaser.
17.
17. (1) The Minister shall maintain a register of purchasers to be known as the "Register of Milk Purchasers" and in these Regulations referred to as "the Register".
- (2) Any person who purchases milk as a purchaser after the 31st day of March, 1994, unless he is a registered purchaser shall be guilty of an offence.
- (3) Paragraph (2) of this Regulation shall not apply to a person who was a purchaser on the 1st day of April, 1994, for a period of four months from that date.
- (4) Applications for registration in the register shall be—
( a ) In the case of a sole purchaser, in the form set out in the Sixteenth Schedule to these Regulations,
( b ) In the case of a group of purchasers, in the form set out in the Seventeenth Schedule to these Regulations, and
( c ) In the case of a joint purchaser, in the form set out in the Eighteenth Schedule to these Regulations.
- (5) A purchaser who was, immediately before the commencement of these Regulations, registered under Regulation 15 of the European Communities (Milk Quota) Regulations, 1994 ( S.I. No. 70 of 1994 ), shall on such commencement be registered under these Regulations as a sole purchaser.
- (6) Where an application under paragraph (4) of this Regulation is received by the Minister, he shall consider the application and, if he approves of it, he shall cause the name of the sole purchaser, the group of purchasers or the joint purchaser and all other relevant information to be registered in the Register.
- (7) The proof required for the purposes of Regulation 18 (a) of these Regulations, paragraph (1) (c) of Regulation 19 of these Regulations and Regulation 20 (b) of these Regulations shall be
( a ) in the case of an applicant who is a company, a copy of the Memorandum and Articles of Association of the company showing that the company has power to act as a purchaser, or
( b ) the rules in the case of an industrial and provident society established under the Industrial and Provident Societies Acts, 1893 to 1978.
18 Sole Purchaser.
18.
18. A sole purchaser shall not be registered under paragraph (6) of Regulation 17 of these Regulations unless—
( a ) where he is not an individual, he has provided proof in accordance with paragraph (7) of Regulation 17 of these Regulations that he has the legal authority to buy milk,
( b ) he has premises in the State where the stock accounts, registers and other documents referred to in sub-paragraph (c) of Article 7.1 of Commission Regulation No. 536/93 may be inspected by an authorised officer,
( c ) he states in the form set out in the Sixteenth Schedule to these Regulations that he undertakes to keep up to date the stock accounts, registers and other documents referred to in sub-paragraph (c) of Article 7.1 of Commission Regulation No. 536/93, and
( d ) he states, in the form set out in the Sixteenth Schedule to these Regulations, to undertake to send and to send to the Minister the statement referred to in paragraph (1) of Regulation 14 of these Regulations in accordance with that Regulation.
19 Group of Purchasers.
19.
19. (1) A group of purchasers shall not be registered under paragraph (6) of Regulation 17 of these Regulations unless—
( a ) each member provides its name and address;
( b ) each member provides details of its collection area;
( c ) each member provides proof in accordance with paragraph (7) of Regulation 17 of these Regulations that it has the legal authority to buy milk where that member is not an individual,
( d ) the members provide a statement in the form set out in the Seventeenth Schedule to these Regulations that they have decided that a designated person named in the statement shall, on their behalf, carry out the administrative and accounting operations necessary for the payment of the levy and satisfy the Minister that that person has the premises in the State where the accounts and other documents relating to the operation of this subparagraph may be inspected by an authorised officer,
( e ) each member has premises in the State where the stock accounts, registers and other documents referred to in sub-paragraph (c) of Article 7.1 of Commission Regulation No. 536/93 may be inspected by an authorised officer,
( f ) each member states in the form set out in the Seventeenth Schedule to these Regulations that he will undertake to keep up to date the stock accounts, registers and other documents referred to in sub-paragraph (c) of Article 7.1 of Commission Regulation No. 536/93, and
( g ) the members undertake in the form set out in the Seventeenth Schedule to these Regulations joint and several obligations to send to the Minister the statement referred to in Regulation 14 of these Regulations in respect of the registered group of purchasers.
- (2) A group of purchasers may only be registered with effect from the first day of April in any year.
20 Joint Purchaser.
20.
20. A joint purchaser shall not be registered under paragraph (6) of Regulation 17 of these Regulations unless:
( a ) each member provides its name and address;
( b ) each member provides proof in accordance with paragraph (7) of Regulation 17 of these Regulations that it has the legal authority to buy milk;
( c ) each member which is a wholly owned subsidiary provides proof that it is such a subsidiary within the meaning of Regulation 2 of these Regulations;
( d ) each member which is wholly owned by an industrial and provident society provides the Minister with proof that it is so owned within the meaning of Regulation 2 of these Regulations;
( e ) each member has premises in the State where the stock accounts, registers and other documents referred to in sub-paragraph (c) of Article 7.1 of Commission Regulation No. 536/93 may be inspected by an authorised officer;
( f ) each member states in the form set out in the Eighteenth Schedule to these Regulations that he undertakes to keep up to date the stock accounts, registers and other documents referred to in sub-paragraph (c) of Article 7.1 of Commission Regulation No. 536/93; and
( g ) the members undertake in the form set out in the Eighteenth Schedule to these Regulations joint and several obligations to send to the Minister the statement referred to in Regulation 14 of these Regulations in respect of the registered joint purchaser.
21 Notification of Registration.
21.
21. (1) Where the Minister has registered a sole purchaser in the Register, he shall notify the purchaser that he has so registered him.
- (2) Where the Minister has registered a group of purchasers in the Register, he shall notify each member of that group that he has so registered that group.
- (3) Where the Minister has registered a joint purchaser in the Register, he shall notify each member of that joint purchaser that he has so registered that joint purchaser.
22 Removal or Alteration of Registration.
22.
22. (1) The Minister may remove the reference to a registered sole purchaser from the Register if, where he is not an individual, he ceases to have the legal authority to act as a purchaser or if he ceases to have premises of the type referred to in Regulation 18 (b) of these Regulations or if he breaches either of the undertakings referred to in Regulation 18 (c) and (d) of these Regulations, or if that purchaser repeatedly fails to comply with any other obligation under Council Regulation No. 3950/92 or Commission Regulation No. 536/93, or if the provisions of paragraph (13) of this Regulation apply.
- (2) The Minister may remove the reference to a registered group of purchasers from the Register if the members cease to have the legal authority to act as a purchaser or if the members cease to have premises of the type referred to in paragraph (1) (e) of Regulation 19 of these Regulations, or if they breach any of the undertakings referred to in Regulation 19 (1) (f) or of these Regulations, or if the members repeatedly fail to comply with any other obligation under Council Regulation No. 3950/92 or Commission Regulation No. 536/93, or if the provisions of paragraph (13) of this Regulation apply to the members, or if the statement referred to in paragraph (1) (d) of Regulation 19 of these Regulations is no longer correct or, if the designated person ceases to carry out the operations or ceases to have the premises referred to in paragraph (1) (d) of Regulation 19 of these Regulations.
- (3) In the case of a registered group of purchasers consisting only of two members, the Minister may remove the reference to the group of purchasers from the Register where one member who is not an individual ceases to have the legal authority to act as a purchaser, or if one of the members ceases to have premises of the type referred to in paragraph (1) (e) of Regulation 19 of these Regulations, or if one of the members breaches the undertaking referred to in paragraph (1) (f) of Regulation 19 of these Regulations, or if one of the members repeatedly fails to comply with any other obligation under Council Regulation No. 3950/92 or Commission Regulation No. 536/93, or if the provisions of paragraph (13) of this Regulation apply to one of the members, or if the statement referred to in paragraph (1) (d) of Regulation 19 of these Regulations is no longer correct.
- (4) The Minister may amend the registration of a group of purchasers by deleting the reference to one or more members where one or more of the members ceases to have the legal authority to act as a purchaser or ceases to have premises of the type referred to in paragraph (1) (e) of Regulation 19 of these Regulations, or if one or more of the members breaches the undertaking referred to in paragraph (1) (f) of Regulation 19 of these Regulations, or if one or more of the members repeatedly fails to comply with any other obligation under Council Regulation No. 3950/92 or Commission Regulation No. 536/93, or if the provisions of paragraph (13) of this Regulation apply to one or more of the members, or if the statement referred to in paragraph (1) (d) of Regulation 19 of these Regulations is no longer correct with regard to one or more of the members.
- (5) The Minister may amend the registration of a group of purchasers on an application in the form set out in the Seventeenth Schedule to these Regulations for the addition of one or more additional members to that group of purchasers provided the conditions of paragraph (1) of Regulation 19 of these Regulations have been complied with.
- (6) The Minister may remove a joint purchaser from the Register if the members cease to have the legal authority to act as a purchaser, or if the members cease to have premises of the type referred to in Regulation 20 (e) of these Regulations, or if the members breach the undertaking referred to in Regulation 20 (f) or (g) of these Regulations, or if the members repeatedly fail to comply with any other obligation under Council Regulation No. 3950/92 or Commission Regulation No. 536/93, or if the provisions of paragraph (13) of this Regulation apply to the members, or if they cease to be a joint purchaser.
- (7) In the case of a joint purchaser consisting only of two members the Minister may remove the reference to the joint purchaser from the Register where one member ceases to have the legal authority to act as a purchaser, or if one member ceases to have premises of the type referred to in Regulation 20 (e) of these Regulations, or if one member breaches the undertaking referred to in Regulation 20 (f) of these Regulations, or if one member repeatedly fails to comply with any other obligation under Council Regulation No. 3950/92 or Commission Regulation No. 536/93, or if the provisions of paragraph (13) of this Regulation apply to one member, or if the members cease to be a joint purchaser.
- (8) The Minister may amend the registration of a joint purchaser by deleting the reference to a member from the register if the member ceases to have the legal authority to act as a purchaser, or if the member ceases to have premises of the type referred to in Regulation 20 (e) of these Regulations, or if the member breaches the undertaking referred to in Regulation 20 (f) of these Regulations, or if the member has repeatedly failed to comply with any other obligation under Council Regulation No. 3950/92 or Commission Regulation No. 536/93, or if the provisions of paragraph (13) of this Regulation apply to the member, or if the member ceases to be a member of the joint purchaser.
- (9) The Minister may amend the registration of a joint purchaser on an application in the form set out in the Eighteenth Schedule to these Regulations for the addition of one or more additional members to that joint purchaser provided the conditions of Regulation 20 of these Regulations have been complied with.
- (10) Whenever the Minister is considering whether to remove a sole purchaser from the Register he shall inform the purchaser in writing of that fact and the purchaser may make observations in writing to the Minister.
- (11) Whenever the Minister is considering whether to remove a group of purchasers from the Register, or to amend the registration of a group of purchasers by deleting a member or members from, or adding a member or members to, the Register, he shall inform each member of that group and the designated person referred to in paragraph 1(d) of Regulation 19 of these Regulations in writing of that fact and each member and that designated person may make observations in writing to the Minister.
- (12) Whenever the Minister is considering whether to remove the reference to a joint purchaser from the Register, or to amend the registration of a joint purchaser by deleting a member or members from, or adding a member or members to, the Register, he shall inform each member of that joint purchaser in writing of that fact and each member of that joint purchaser may make observations in writing to the Minister.
- (13) The registration of a purchaser in the Register may be deleted by the Minister where
( a ) in the previous milk quota year no milk was delivered to that purchaser, and
( b ) at the time of the decision of the Minister, no quota is attached to that purchaser, and
( c ) no valid Producer Transfer Notice Number II has been sent to that purchaser in accordance with Regulation 12 of these Regulations and no corresponding valid Producer Transfer Notice Number I has been sent to an existing purchaser in accordance with Regulation 12 of these Regulations.
- (14) The Minister may, on the request of a registered sole purchaser, or of the members of a registered group of purchasers, or of the members of a registered joint purchaser, remove the reference to such purchaser from the register where he is satisfied that it is proper to do so.
- (15) The Minister may, on the request of a member of a registered group of purchasers, or of a member of a registered joint purchaser, amend the registration of that purchaser by deleting the reference to that member where he is satisfied that it is proper to do so.
23 Access to Register.
23.
23. (1) The Minister shall publish in a National newspaper the name of each registered sole purchaser, registered group of purchasers including the name of each member of that group, and registered joint purchaser including the name of each member of that joint purchaser, within six months of the coming into operation of these Regulations and shall publish in a National newspaper a notice of any amendments thereto.
- (2) The Register shall be open for inspection at all reasonable times.
24 Milk Deliveries to a Purchaser.
24.
24. (1) A producer who delivers milk to a purchaser who is not registered in the Register shall be guilty of an offence.
- (2) A purchaser to whom no milk quota is attached shall inform the Minister before the commencement of deliveries of milk to him.
- (3) A purchaser who fails to comply with paragraph (2) of this Regulation shall be guilty of an offence.
25 Maintenance of Records — Milk Purchasers.
25.
25. A purchaser who fails to comply with any of the obligations in Article 7.1 (c) or (d) of Commission Regulation No. 536/93 shall be guilty of an offence.
26 Maintenance of Records — Direct Sales Producers.
26.
26. A direct sales producer who fails to comply with any of the obligations in Article 7.1 (f) of Commission Regulation No. 536/93 shall be guilty of an offence.
27 Recording of Milk Deliveries.
27.
27. (1) When milk or other milk products are collected at a holding by a purchaser or his agent, the purchaser or his agent shall record in writing, at the time of such collection at the holding, the date, the quantity of milk or other milk products supplied and the name and address of the producer supplying the milk or the number assigned by the purchaser to that producer where the Minister has been informed that such number has been so assigned.
- (2) In the case of all other deliveries of milk or other milk products to a purchaser, the record provided for in paragraph (1) of this Regulation shall be made by the purchaser or his agent at the time of delivery.
- (3) All records provided for under paragraphs (1) and (2) of this Regulation shall be kept for a period of at least three years after the milk quota year in which the delivery concerned is made.
- (4) A person who fails to comply with any of the provisions of this Regulation or who makes a record in purported compliance with this Regulation which is false or misleading in a material respect shall be guilty of an offence.
28 Recording of Milk Intake.
28.
28. (1) A person who delivers or offers for delivery to a purchaser with the intention that the delivery be recorded against his delivery quota in the records of that purchaser milk which has not been produced by him on a holding operated by him shall be guilty of an offence.
- (2) A producer who knowingly supplies to, or makes available to, a person milk for use by that person in the commission of an offence under paragraph (1) of this Regulation shall be guilty of an offence.
- (3) A purchaser who knowingly records against a person's milk quota in his records milk which has not been produced by that person shall be guilty of an offence.
- (4) A servant or agent of a purchaser who knowingly assists a person to commit an offence under paragraph (1) or paragraph (2) of this Regulation shall be guilty of an offence.
- (5) A purchaser who knowingly records against a restricted quota which has been transferred under Regulation 4 of these Regulations milk which has not been produced in accordance with Regulation 5 of these Regulations shall be guilty of an offence.
- (6) A servant or agent of a purchaser who knowingly assists a person to commit an offence under paragraph (5) of this Regulation shall be guilty of an offence.
29 Deduction of Levy by Milk Purchasers.
29.
29. (1) A purchaser may, where a producer making deliveries to him exceeds the milk quota attached to him, immediately deduct in respect of some or all of that excess an amount equal to the amount of the levy which might be payable by that producer from the sums owed to the producer for any milk delivered by him.
- (2) All amounts deducted by the purchaser under paragraph (1) of this Regulation shall be paid by the purchaser into a bank account kept by him for that purpose and no other monies shall be paid into that account and any interest earned on that account which may reasonably be attributed to an amount so deducted shall be paid to the producer.
- (3) An amount deducted for the purposes of paragraph (1) of this Regulation and paid into the account in accordance with paragraph (2) of this Regulation may only be used in the discharge of the potential levy in respect of which it was deducted, or refunded to the producer.
- (4) A purchaser who fails to recover from a producer all or any of the levy for which that producer is liable in accordance with the requirements of Article 2 of Council Regulation No. 3950/92 and Article 3 of Commission Regulation No. 536/93 shall be guilty of an offence.
30 Recovery of Levy.
30.
30. In any proceedings for the recovery of any amount due in respect of the levy or any interest or any penalty referred to in Regulation 13 of these Regulations or in any prosecution for an offence under these Regulations, a certificate purporting to be signed by an authorised officer and certifying that he has inspected the records of the Minister and the records of a particular purchaser or direct sales producer and that it appears from those records that the purchaser or producer is liable to pay to the Minister, in respect of the levy or in respect of such interest or penalty, an amount specified in the certificate and that such amount has not been recovered by the Minister shall, without proof of the signature of that person or that such person was, at the relevant time, an authorised officer, be evidence of the facts so certified.
31 Fat Content of Milk Deliveries.
31.
31. (1) Subject to paragraph (6) of this Regulation, a purchaser shall determine or cause to be determined the fat content of samples taken from milk delivered to him by each producer at such intervals as may be required for the purposes of the method being used for such determination or at such intervals as may be specified in a notice sent by the Minister to all purchasers.
- (2) A purchaser shall send to a producer within two months notice of any determination of the fat content of milk delivered by him.
- (3) A purchaser shall retain and preserve a record of any tests and a record of all notifications made under paragraph (2) of this Regulation for a period of three years from the end of the milk quota year in which the test is performed or the notification is made as the case may be.
- (4) A person who fails to comply with any of the provisions of this Regulation shall be guilty of an offence.
- (5) An authorised officer may at all reasonable times enter any premises in which he has reasonable grounds for believing that a purchaser or his agent tests or stores samples for the purposes of this Regulation to examine the operation of anything on those premises which appears to be used for the purposes of such testing or storing.
- (6) For the purposes of paragraph (1) of this Regulation, the determination of fat content shall be made in accordance with the Gerber method as referred to in the publication of the Institute for Industrial Research and Standards entitled "Determination of the Percentage of Fat in Milk" (I.S. 66: 1955) or any other method specified by the Minister for the purposes of this Regulation in a notice sent to all purchasers.
32 Dormant Milk Quotas.
32.
32. (1) Every purchaser shall on, or before, the 15th day of May in each year give to the Minister in writing the name and address, and details of the quota, of every producer who has a quota attached to him, who did not make deliveries of milk to him during the previous milk quota year, and who, during that milk quota year did not make a temporary transfer of milk quota pursuant to a scheme for temporary transfers authorised by the Minister under Regulation 16 of these Regulations.
- (2) If a person who has a direct sales milk quota did not sell or offer for sale any milk or milk products during a milk quota year and did not during that year make a temporary transfer of milk quota pursuant to a scheme for temporary transfers authorised by the Minister under Regulation 16 of these Regulations, he shall, on or before, the 15th day of May next following that milk quota year notify the Minister in writing of those facts.
- (3) In the case of a person referred to in paragraph (1) or (2) of this Regulation or in a case where a direct sales producer fails to send the declaration referred to in Article 4.2 of Commission Regulation No. 536/93 before the 1st day of July in any year or in any other case where the Minister has reason to suspect that a producer who has a quota direct sales or a delivery has not marketed or delivered milk produced on his holding in a milk quota year, the Minister may, before the 31st day of July in the following milk quota year, or within three months as appropriate, serve a notice on the person stating that he is considering adding the milk quota of that person to the national reserve and informing him that if he wishes to make any observations he may do so within 30 days of the date of the service of the notice.
- (4) The Minister shall notify the person concerned in writing whenever he makes an addition of his quota to the national reserve.
- (5) Where a producer whose quota has been added to the national reserve under this Regulation resumes production of milk he shall be granted a quota no later than the 1st day of April following the date of his application, in accordance with the provisions of Article 5 of Council Regulation No. 3950/92.
- (6) Where a period of time referred to in paragraph (7) of Regulation 7 of these Regulations or in paragraph (7) of Regulation 8 of these Regulations or in paragraph (6) of Regulation 9 of these Regulations includes an entire milk quota year or nine months or a longer period of a milk quota year or where such a period of time expires in any milk quota year after the 31st day of October then the power of the Minister under paragraph (4) of this Regulation shall not be exercisable on account of non-production in that milk quota year by the person entitled to a quota referred to in paragraph (7) of Regulation 7 of these Regulations or in paragraph (7) of Regulation 8 of these Regulations or in paragraph (6) of Regulation 9 of these Regulations in respect of such quota.
- (7) Where a dispute about entitlement to a milk quota has been referred to arbitration in accordance with an arbitration agreement within the meaning of the Arbitration Act, 1954 , or is the subject of proceedings before a court and where the person who is entitled or would appear to be entitled to that milk quota does not deliver or sell milk in a milk quota year then, if the Minister is satisfied that the arbitration or proceedings in question are being prosecuted with reasonable speed, he shall not exercise his power under paragraph (4) of this Regulation.
- (8) Any person who fails to comply with paragraph (1) or (2) of this Regulation shall be guilty of an offence.
33 Definitive Discontinuation of Milk Production.
33.
33. (1) Any producer who surrenders his milk quota entitlement pursuant to a scheme established for the purposes of the definitive discontinuation of milk production and who delivers or markets milk or milk products either to a purchaser or for direct consumption contrary to such a scheme shall be guilty of an offence.
- (2) A purchaser who takes delivery from a producer referred to in paragraph (1) of this Regulation shall be guilty of an offence.
34 Permanent Transfers of Direct Sales and Delivery Quotas.
34.
34. Any application to the Minister pursuant to Article 4.2 of Council Regulation No 3950/92 by a producer for an increase in, or the establishment of, a deliveries milk quota or a direct sales milk quota by means of a reduction in or cancellation of the milk quota held by the producer shall be made in writing to the Minister on or before the 31st day of October in the milk quota year in which he wishes that increase or establishment to commence.
35 Restructuring of Milk Quotas.
35.
35. (1) The Minister may determine in accordance with the 2nd indent of Article 8 of Council Regulation No. 3950/92 the producers who may obtain, in return for payment, at the beginning of a milk quota year the reallocation by the Minister or by designated milk purchasers in a manner specified by the Minister of direct sales or delivery quotas surrendered at the end of the preceding milk quota year by other producers in return for compensation equal to the said payment and the conditions to be complied with by a producer to whom such a grant is to be made.
- (2) A determination under paragraph (1) of this Regulation shall be made by a notice containing such determination published in a National newspaper.
36 Appointment of Authorised Officers.
36.
36. (1) The Minister may appoint such and so many of his officers as he sees fit to be authorised officers for the purposes of these Regulations.
- (2) An authorised officer shall be issued with a warrant of appointment and shall, when exercising or seeking to exercise any power under these Regulations, if requested by the person affected, produce the warrant to that person and a form of personal identification.
- (3) The Minister may at any time terminate the appointment of any authorised officer.
37 Authorised Officers.
37.
37. (1) An authorised officer may do all or any of the following, namely,—
( a ) at all reasonable times enter and inspect any premises in which he has reasonable grounds for believing that any books, records or other documents (whether stored electronically or otherwise) relating to the production, delivery, processing or disposal of milk or milk products or to the payment of, or otherwise relating to, the levy, are kept,
( b ) require any person on such premises to produce such of the aforesaid books, records or other documents as the authorised officer may require for the purpose of the exercise of any of the powers conferred on him by these Regulations,
( c ) require any such person to give such information relating to the aforesaid books, records or other documents or to the production, delivery, processing or disposal of milk or milk products or to the payment of, or otherwise relating to, the levy, as the authorised officer may reasonably require,
( d ) inspect, copy and take extracts from any such records, books or documents,
( e ) require any person in possession of or in control of any data relating to the production, delivery, processing or disposal of milk or milk products or to the payment of, or otherwise relating to, the levy, to allow and, if necessary, assist him to—
- (i) process that data on any data equipment in that person's possession or control, or
- (ii) test or examine the operation of any such data equipment,
- (iii) extract any information constituting such data,
- (iv) obtain knowledge about the books, records and other documents referred to in this Regulation.
- (2) A person who obstructs or interferes with an authorised officer or a person engaged by the Minister and referred to in paragraph (4) of this Regulation when he is exercising a power conferred on him by these Regulations shall be guilty of an offence.
- (3) The books, records and other documents referred to in paragraph (1) of this Regulation include books, records or other documents, whether stored electronically or otherwise, relating to any method of, or programme for, the conversion of information into data, the processing of data, or the use of data equipment.
- (4) An authorised officer exercising his powers under this Regulation may be accompanied by a person engaged by the Minister under a contract for services to assist in such exercise and the authorised officer may require any person to do in relation to, or to allow to be done by, any person so engaged anything which he may require to be done in relation to, or to be allowed to be done by, himself.
- (5) In this Regulation—
"processing of data" means performing automatically logical or arithmetical operations on data and includes extracting any information constituting the data;
"data" means information in a form in which it can be processed;
"information" includes, unless the contrary intention appears, data and in paragraph (1) of this Regulation includes information about any such method or programme or use referred to in paragraph (3) of this Regulation.
38 Functions performed by Authorised Officers.
38.
38. The functions conferred on the Minister by Regulations 4, 5, 6, 7, 8, 9, 12, 17, 21, 22, 32 and 34 of these Regulations may be performed by an authorised officer.
39 Certification of Outstanding Levy.
39.
39. For the purposes of any proceedings under paragraph (4) of Regulation 29 of these Regulations a certificate purporting to be signed by an authorised officer and certifying that he has inspected the records of the Minister and of a particular purchaser and that it appears from those records that there was a failure by the purchaser concerned to recover, in respect of the levy, an amount specified in the certificate from a producer or producers so specified, shall, without proof of the signature of that person, or that such person was, at the relevant time, an authorised officer, be evidence of the facts so certified.
40 Submission of False Information — Direct Sellers.
40.
40. A direct sales producer who fails to comply with Article 4.2 of Commission Regulation No. 536/93 or to forward to the Minister in purported compliance with Article 4.2 of that Regulation a declaration that is false or misleading in a material respect shall be guilty of an offence.
41 Submission of Information.
41.
41. (1) The Minister may from time to time by notice sent to all or any of the following, namely, sole purchasers, registered groups of purchasers, registered joint purchasers, individual purchasers, request all or any information concerning all or any of the following:
( a ) the level of the quota of the purchaser whether in total or in relation to individual producers;
( b ) the operation of any scheme under Regulation 15 of these Regulations;
( c ) the operation of any scheme under Regulation 16 of these Regulations;
( d ) the operation of any scheme under Regulation 35 of these Regulations;
( e ) details of transfers under Regulation 6 of these Regulations;
( f ) details of deliveries of milk and fat content of milk on a monthly basis;
( g ) exports and imports of milk and milk products on a quarterly basis.
- (2) A purchaser on whom a notice has been served under paragraph (1) of this Regulation shall furnish to the Minister the information so requested within the time limit specified in that notice.
- (3) A person who fails to furnish the Minister with the information requested within the time limit specified in a notice being served on him under paragraph (1) of this Regulation shall be guilty of an offence unless he establishes that there was a valid reason why he could not furnish the information.
42 Obligations, Liabilities and Penalties for Purchasers.
42.
42. (1) The obligations, liabilities, or penalties, the imposition of which are provided for or referred to in Regulations 13 and 14 of these Regulations, shall, in the case of a registered joint purchaser, or a registered group of purchasers, be imposed on the members of such a registered joint purchaser or registered group of purchasers jointly and severally.
- (2) Where an act or omission is an offence contrary to Regulations 13, 14, 37 or 41 of these Regulations, then, in the case of a registered joint purchaser or a registered group of purchasers, proceedings in respect of that offence may be instituted against all or any of the members of such registered joint purchaser or registered group of purchasers and any such member or members may be dealt with in such proceedings notwithstanding any failure to institute proceedings against any other member.
43 Offences by Corporate Bodies.
43.
43. Where an offence under any of these Regulations is committed by a body corporate and is proved to have been so committed with the consent, connivance of, or to be attributable to any neglect on the part of any person being a director, manager, secretary or other officer of that body, or any person who was purporting to act in any such capacity, that person shall also be guilty of an offence under that Regulation.
44 Offences.
44.
44. A person who is guilty of an offence under Regulation 4 (8), 4 (9), 4 (10), 5 (2), 7 (5), 8 (5), 9 (14), 12(11), 13(4), 14(2), 14(3), 14(4), 17(2), 24(1), 24(3), 25, 26, 27(4), 28(1), 28(2), 28(3), 28(4), 28(5), 28(6), 29(4), 31(4), 32(8), 33(1), 33(2), 37(2), 40, 41(3) or 44 of these Regulations shall be liable on summary conviction to a fine not exceeding £1, 500, or to a period of imprisonment not exceeding 12 months or to both such fine and such imprisonment.
45 Transitional Measures.
45.
45. (1) Without prejudice to section 22 of the Interpretation Act, 1937 (No. 38 of 1937), the European Communities (Milk Quota) Regulations, 1994, shall continue to apply in respect of contraventions of those Regulations which took place before the coming into operation of these Regulations.
- (2) Notwithstanding the revocation of the European Communities (Milk Quota) Regulations, 1994, those Regulations shall apply to any applications made to the Minister and received by him before the coming into operation of these Regulations.
46 Revocation of the European Communities (Milk Quota) Regulations, 1994.
46.
46. (1) Without prejudice to the obligations imposed and undertakings entered into under the European Communities (Milk Quota) Regulations, 1994 the said Regulations are hereby revoked, save to the extent that they have ceased to have effect.
- (2) Without prejudice to the generality of section 22 of the Interpretation Act, 1937 , the revocation effected by paragraph (1) of this Regulation shall not affect the operation of the said Regulations as regards cows milk produced on or before the 3rd day of October, 1995, and the imposition of any levy thereon.
GIVEN under my Official Seal, this 4th day of October, 1995.
IVAN YATES,
Minister for Agriculture, Food and Forestry.
FIRST SCHEDULE
EUROPEAN COMMUNITIES (MILK QUOTA) REGULATIONS, 1995
Delivery Milk Quota Transfer Form
| This form should be completed and signed by both the transferor (PART A) and the transferee (PART B) and sent to the milk purchaser to whom the milk quota is at present attached within two months of the date of transfer together with a copy of the instrument of transfer in accordance with the provisions of Regulation 6 of the European Communities (Milk Quota) Regulations, 1995. |
PART A FOR COMPLETION BY TRANSFEREE
DETAILS OF LAND TRANSACTION
I/We ______________
(Name of Transferee in BLOCK CAPITALS)
Address: ___________
_____________,
my/our holding being in the Townland(s) of ______,
and in the DED of __________,
Folio Number(s) _______ County ___,
hereby notify the milk purchaser named below:
Name of Milk Purchaser:___________
Address: ___________
of the transfer on the _ day of (month) ___ (year) to me/us by way of:
(√ as appropriate)
| □ purchase | □ lease | □ inheritance |
of land to which milk quota is attached.
This land has been acquired from
Name of Transferor: __________
(BLOCK CAPITALS)
Address: ___________
_____________,
and is situated in the Townland(s) of _______
and in the DED of _____ , Folio Number ____
County ________.
DETAILS OF AREA OF LAND ACQUIRED
The area of the land transferred to me on foot of the transaction referred to at 1 above is _____ hectares. This land is outlined in red on the attached map.
QUANTITY OF MILK QUOTA TRANSFERRED
- (i) The total quantity of milk quota attaching to the acquired land is ___ litres ( __ gallons).
- (ii) The amount of quota transferred on foot of this transaction in respect of the milk quota year in which the transaction takes place will be based on either of the following circumstances: (√ the appropriate box)
( a ) □ Transaction is effective as and from the first day of the milk quota year. In this event, ALL the quota attaching to the above land may be transferred.
*OR*
( b ) □ Transaction is effective from a date other than the first day of the milk quota year. In this event, the unused balance of the quota attaching to the above land in the current milk quota year is transferred.
Unused Balance: __ litres (__ gallons)
*PLEASE NOTE:*
In the case of a lease entered into on a date other than the first day of the milk quota year, the amount of the quota to transfer to the benefit of the transferee for that part of the milk quota year in which the lease is due to expire shall be calculated in accordance with procedures set down by the Minister.
Signature(s) of Transferee(s): ___________
Date: _________
PART B FOR COMPLETION BY TRANSFEROR
I/We___________
(Name of Transferor in BLOCK CAPITALS)
Address: _____________
being the transferor referred to in PART A above acknowledge that the statements made above relating to the transfer of land and milk quota are correct.
Signature(s) of Transferor(s):_____________
Date: ________________
SECOND SCHEDULE
EUROPEAN COMMUNITIES (MILK QUOTA) REGULATIONS, 1995
Direct Sales Milk Quota Transfer Form
This form should be completed and signed by both the transferor (PART A) and the transferee (PART B) and sent to the Minister for Agriculture, Food and Forestry within two months of the date of transfer together with a copy of the instrument of transfer in accordance with the provisions of Regulation 6 of the European Communities (Milk Quota) Regulations, 1995.
PART A FOR COMPLETION BY TRANSFEREE
DETAILS OF LAND TRANSACTION
I/We ____________
(Name of Transferee in BLOCK CAPITALS)
Address:__________
___________ ,
my/our holding being in the Townland(s) of ________
____________ ,
and in the DED of __________,
Folio Number(s) _____ County ______,
hereby notify the Minister for Agriculture, Food and Forestry of the transfer on the _ day of (month) ___ (year) to me/us by way of:
(√ as appropriate)
| □ purchase | □ lease | □ inheritance |
of land to which milk quota is attached.
This land has been acquired from
Name of Transferor: ______________
(BLOCK CAPITALS)
Address: ___________
and is situated in the Townland(s) of _______
and in the DED of ____ , Folio Number ____
County _________.
DETAILS OF AREA OF LAND ACQUIRED
The area of the land transferred to me on foot of the transaction referred to at 1. above is ________ hectares. This land is outlined in red on the attached map.
QUANTITY OF MILK QUOTA TRANSFERRED
- (i) The total quantity of milk quota attaching to the acquired land is __ litres ( __ gallons).
- (ii) The amount of quota transferred on foot of this transaction in respect of the milk quota year in which the transaction takes place will be based on either of the following circumstances: (√ the appropriate box)
(a ) □ Transaction is effective as and from the first day of the milk quota year. In this event, ALL the quota attaching to the above land may be transferred.
*OR*
(b ) □ Transaction is effective from a date other than the first day of the milk quota year. In this event, the unused balance of the quota attaching to the above land in the current milk quota year is transferred.
Unused Balance:____ litres ( _______ gallons)
*PLEASE NOTE:*
In the case of a lease entered into on a date other than the first day of the milk quota year, the amount of the quota to transfer to the benefit of the transferee for that part of the milk quota year in which the lease is due to expire shall be calculated in accordance with procedures set down by the Minister.
Signature(s) of Transferee(s): ____________
Date: _______
PART B FOR COMPLETION BY TRANSFEROR
I/We_______________
(Name of Transferor in BLOCK CAPITALS)
Address: ___________
being the transferor referred to in PART A above acknowledge that the statements made above relating to the transfer of land and milk quota are correct.
Signature(s) of Transferor(s): _____________
Date: __________
THIRD SCHEDULE
EUROPEAN COMMUNITIES (MILK QUOTA) REGULATIONS, 1995
APPLICATION FORM UNDER REGULATION 7 OF THE ABOVE REGULATIONS FOR A NUMBER I CERTIFICATE OF RETENTION OR A NUMBER I CERTIFICATE OF TRANSFER OF MILK QUOTA, OR BOTH, ON THE TRANSFER OF LANDS FOR A NON-AGRICULTURAL PURPOSE OR TO A PUBLIC AUTHORITY OR FOR USE IN THE PUBLIC INTEREST.
THIS APPLICATION MUST BE SUBMITTED TO THE MINISTER FOR AGRICULTURE, FOOD AND FORESTRY BEFORE THE DATE OF THE PROPOSED TRANSFER
PART A FOR COMPLETION BY TRANSFEROR
1. APPLICATION FOR RETENTION AND/OR TRANSFER OF QUOTA
I/We ______________
(Name(s) of Applicant(s) in BLOCK CAPITALS)
Address: ___________
___________ ,
my/our holding being in the Townland(s) of
and in the DED of ______________ ,
Folio Number(s) ____ County _____
hereby apply for: (√ as appropriate)
- (i) □ Number I Certificate of Retention
*AND/OR*
- (ii) □ Number I Certificate of Transfer
for the attachment of the milk quota of _ litres ( ______ gallons) now attaching to: (√ as appropriate)
all □ OR that part □
of my holding containing ________ hectares situated
at _______________ ,
in the Townland(s) of ________ and in the DED of
_____ , Folio No. _______ ,
County __________ , outlined in red on the attached
map, which land it is proposed to transfer on or after the ____
day of _____ (month) ______ (year) to:
Name of Transferee: __________
(BLOCK CAPITALS)
Address: __________
to: (√ as appropriate)
- (a) □ the remainder of my present holding specified at No. 4 of this application;
*AND/OR*
- (b) □ lands to be acquired by purchase, lease or inheritance.
UNDERTAKING
I/We hereby undertake that it is my/our intention to continue in milk production.
Note: in a case provided for in sub-paragraph (b) of Regulation 7 (2) of the European Communities (Milk Quota) Regulations, 1995 an undertaking that it is the applicant's intention to engage in milk production is sufficient.
DECLARATION OF OWNERSHIP
- (i) I/We declare that the land which is to be transferred is owned by me/us in fee simple.
See Note (a) below.
- (ii) I/We declare that the land to be transferred was so owned by me/us before the 1st day of April, 1994 or by the following person from whom I/we acquiried the land by way of inheritance:
Name: ____________
Address: __________
See Note (b) below.
Notes:
( a ) A copy of the title documents should be attached including, where the land being transferred has been acquired by inheritance, a copy of the instrument of transfer and/or any other supporting documentation.
( b ) The declaration at (ii) above is not necessary 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 the lands to be transferred.
Signature(s) of Applicant(s): ____________
Date: _______
DOCUMENTS TO BE SUBMITTED BY ALL APPLICANTS
The following documents must be enclosed in support of this application:
- (i) a draft of the proposed instrument of transfer;
- (ii) a map or maps of the applicant's existing holding clearly indicating:
( a ) area to be transferred outlined in red;
and, in the case of an application for a Number I Certificate of Retention,
( b ) area to which quota is to be attached outlined in green.
FOR COMPLETION ONLY BY APPLICANTS WHO ARE SEEKING A NUMBER 1 CERTIFICATE OF RETENTION
I/We request a Number I Certificate of Retention for the attachment of the quota of _ litres ( _ gallons) to that part of my/our holding outlined in green on the attached map which comprises ____ hectares
situated at ____________
in the Townland(s) of __________
and in the DED of ____________
Folio No. __ County _____, which is capable of producing that amount of quota.
The land outlined in green has: (√ as appropriate)
( a ) □ a quota of ___ litres ( ___ gallons) already attaching to such land;
*OR*
( b ) □ there is no quota already attaching to such land.
Signature(s) of Applicant(s): _________
Date: __________
FOR COMPLETION ONLY BY APPLICANTS WHO ARE SEEKING A NUMBER I CERTIFICATE OF TRANSFER
I hereby designate, in the event of my death, the following person as the beneficiary of the right to attach, on compliance with Regulation 7 (2), the milk quota in question to land to be purchased, inherited or leased:
Name of Beneficiary: _____________
*(BLOCK CAPITALS)*
Address: ___________
- (i) Signature(s) of Applicant(s): ________
Date: ________
- (ii) Name of witness: ________
(BLOCK CAPITALS)****
Address: ________
Signature: ________
Date: _______
- (iii) Name of witness: ________
*(BLOCK CAPITALS)*
Address: ________
Signature: ________
Date: ________
Signed by the applicant in the presence of us and then signed by us in the presence of the applicant.
Note: to be executed in accordance with the rules for the execution of a will set out in S.78 of the Succession Act, 1965 .
PART B FOR COMPLETION BY PROPOSED TRANSFEREE
CONSENT TO APPLICATION
I/We,____________
(Name of proposed transferee in BLOCK CAPITALS)
Address: ______________
being the person(s) to whom it is proposed to make the above mentioned transfer, or, in the case of a public authority or a company, being the secretary, director or other authorised officer thereof, hereby consent to this application. I intend to use the land for the following purpose:
COMPULSORY PURCHASE:
This land transfer is in exercise of Compulsory Purchase Powers: (√ as appropriate):
*□ YES* NO □****
SIGNATURE OF PROPOSED TRANSFEREE
Signature of proposed transferee:________
Name of Signatory:
(in Block Capitals)_______
Official Status in the case of a
Public Authority or Company:
(Where applicable) ________
Title of Public Authority:
(Where applicable) ____________
Registered name of Company:
(Where applicable) Date:______
FOURTH SCHEDULE
EUROPEAN COMMUNITIES (MILK QUOTA) REGULATIONS, 1995
Number I Certificate of Retention of Milk Quota
On foot of the application dated __ day of __ (month) __ (year) by
Name: _______________
Address: _____________
for a Number I Certificate of Retention under Regulation 7 of the European Communities (Milk Quota) Regulations, 1995, the Minister for Agriculture, Food and Forestry hereby certifies that _ litres ( gallons) of milk quota, at present attached to the part of the holding containing ___________ hectares
situated at ___________
(Folio No. __ County _ , and outlined in red on the map attached to the said application shall attach to the part of the holding containing ___ hectares and situated at ______________
Folio No. _____, County ______ ,
outlined in green on the said map from the date of the transfer referred to in the said application provided the proposed transfer referred to in the said application is made within three months of the date of this Certificate.
In accordance with Regulation 7 (5) of the European Communities (Milk Quota) Regulations, 1995, it shall be an offence to fail to notify the Minister in writing of the transfer within two months of the date of that transfer.
Issued on behalf of the Minister for Agriculture, Food and Forestry.
Signed: ________ (Authorised Officer).
Dated: ___ day of ____ (month) ____ (year).
| CERTIFICATE NO: |
FIFTH SCHEDULE
EUROPEAN COMMUNITIES (MILK QUOTA) REGULATIONS, 1995
Number I Certificate of Transfer of Milk Quota
On foot of the application dated __ day of _ (month) ___ (year) by
Name: _______________
Address: _____________
for a Number I Certificate of Transfer under Regulation 7 of the European Communities (Milk Quota) Regulations, 1995, the Minister for Agriculture, Food and Forestry hereby certifies that entitlement to____ ____ litres ( _ gallons) of milk quota, presently attached to the holding/part of the holding containing ___ hectares, and situated at ____________
Folio No. ___ County ________, outlined in red on the map attached to the said application, remains with the above named person for a period of one year and three months from the date of this Certificate provided that the proposed transfer is made
within three months of the date of this Certificate. Issued on behalf of the Minister for Agriculture, Food and Forestry.
Signed: ________ (Authorised Officer).
Dated: _ day of _ (month) ____ (year).
| CERTIFICATE NO: |
SIXTH SCHEDULE
EUROPEAN COMMUNITIES (MILK QUOTA) REGULATIONS, 1995
Application Form under Regulation 7 of the above Regulations for a Number 1 Certificate of Attachment
I/We__________
(Name(s) in BLOCK CAPITALS)
Address: ______________
hereby apply for a Number I Certificate of Attachment for the attachment of _ litres ( __ gallons) of milk quota referred to in No. I Certificate of Transfer No. ______ which was granted: (√ as appropriate)
- (i) □ to me
*OR*
- (ii) □ to the original applicant now deceased who was
Name: ______________
Address: ____________
to the land containing _______ hectares situated at _____________
in the Townland (s) of ________
and in the DED of ___________
Folio No. __ County ___, outlined in blue on the attached map.
INSTRUMENT OF TRANSFER
The said land was transferred to me/us by an instrument of transfer dated the __ day of __ (month) _____ (year), a copy of which is attached.
TRANSFER OF LAND TO WHICH MILK QUOTA PREVIOUSLY ATTACHED
I/We, being the original applicant(s) for the transfer of quota or, being the personal representative of the original applicant now deceased, hereby confirm that the holding or part thereof referred to in Number I Certificate of Transfer No. _________ ,
(complete (i) or (ii) as applicable):
- (i) was transferred on the ___ day of __ (month), _____ (year) and a copy of the instrument of transfer is attached,
*OR*
- (ii) is the subject of a contRact of sale, a copy of which is attached, made on the ____ day of ___ (month), _______ (year) by the above-mentioned deceased which is binding on his personal representative.
UNDERTAKING
I hereby undertake that it is my intention to continue in milk production.
Note: in a case provided for in sub-paragraph (h) of Regulation 7 (6) of the European Communities (Milk Quota) Regulations, 1995 an undertaking that it is the applicant's intention to engage in milk production is sufficient.
Signature(s) of Applicant(s): ___________
Date: ___________
NOTE: PLEASE ATTACH THE DOCUMENTATION REQUESTED AT 2. AND 3. ABOVE
SEVENTH SCHEDULE
EUROPEAN COMMUNITIES (MILK QUOTA) REGULATIONS, 1995
Number I Certificate of Attachment of Milk Quota
On foot of the application dated _ day of __ (month), _ (year) by
Name: __________
(BLOCK CAPITALS)
Address: ______________
for a Number I Certificate of Attachment under Regulation 7 of the European Communities (Milk Quota) Regulations, 1995, the Minister for Agriculture, Food and Forestry hereby certifies that _ litres ( __ gallons) of milk quota, the subject of Number I Certificate of Transfer No. __ , shall be attached to the land containing ______ hectares
situated at
Folio No. __ County _ , outlined in blue on the map attached to the said application, from the ___ day of ___ (month), _____ (year), being the date of the transfer of the said land to the applicant.
Issued on behalf of the Minister for Agriculture, Food and Forestry.
Signed: _________ (Authorised Officer).
Dated: _ day of _ (month), ____ (year).
| CERTIFICATE NO: |
EIGHTH SCHEDULE
EUROPEAN COMMUNITIES (MILK QUOTA) REGULATIONS, 1995
Number II Certificate of Retention of Milk Quota
On foot of the application dated _ day of _ (month), ___ (year) by
Name: ____________
(BLOCK CAPITALS)
Address: ___________
for a Number II Certificate of Retention under Regulation 8 of the European Communities (Milk Quota) Regulations, 1995, the Minister for Agriculture, Food and Forestry hereby certifies that _ litres ( ____ gallons) of milk quota, at present attached to the part of the holding containing ________ hectares
situated at ________________
_____________ ,
Folio No. _______ County _____
outlined in red on the map attached to the said application shall attach to the part of the holding containing ______ hectares situated at
_____________ ,
Folio No. ______ County ________ ,
outlined in green on the said map from the date of the transfer referred to in the said application provided the proposed transfer is made within three months of the date of this Certificate.
In accordance with Regulation 8 (5) of the European Communities (Milk Quota) Regulations, 1995, it shall be an offence to fail to notify the Minister in writing of the transfer within two months of the date of that transfer.
Issued on behalf of the Minister for Agriculture, Food and Forestry.
Signed: ________ (Authorised Officer).
Dated: ___ day of ___ (month), ____ (year).
| CERTIFICATE NO: |
NINTH SCHEDULE
EUROPEAN COMMUNITIES (MILK QUOTA) REGULATIONS, 1995
Number II Certificate of Transfer of Milk Quota
On foot of the application dated _ day of _ (month) ____ (year) by
Name: ___________
(BLOCK CAPITALS)
Address: ______________
for a Number II Certificate of Transfer under Regulation 8 of the European Communities (Milk Quota) Regulations, 1995, the Minister for Agriculture, Food and Forestry hereby certifies
that entitlement to __ litres ( __ gallons) of milk quota, at present attached to the holding/part of the holding containing _____ hectares, and situated at ________________
Folio No. _ County _ , outlined in red on the map
attached to the said application remains with the above-named person for a period of one year and three months from the date of this Certificate provided that the proposed transfer referred to in the application is made within three months of the date of this Certificate.
Issued on behalf of the Minister for Agriculture, Food and Forestry.
Signed: _________ (Authorised Officer).
Dated: _ day of _ (month), ____ (year).
| CERTIFICATE NO: |
TENTH SCHEDULE
EUROPEAN COMMUNITIES (MILK QUOTA) REGULATIONS, 1995
APPLICATION FORM UNDER REGULATION 8 OF THE ABOVE REGULATIONS, FOR A NUMBER II CERTIFICATE OF RETENTION OR A NUMBER II CERTIFICATE OF TRANSFER OF MILK QUOTA OR BOTH ON THE TRANSFER OF LAND FOR THE PURPOSE OF IMPROVING THE STRUCTURE OF MILK PRODUCTION ON A HOLDING
THIS APPLICATION MUST BE SUBMITTED TO THE MINISTER FOR AGRICULTURE, FOOD AND FORESTRY BEFORE THE DATE OF THE PROPOSED TRANSFER
PART A FOR COMPLETION BY TRANSFEROR
1. APPLICATION FOR RETENTION AND/OR TRANSFER OF QUOTA
I/We ___________
(Name(s) in BLOCK CAPITALS)
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