Legalize / Ireland / Statutory Instrument

S.I. No. 266/1995 - European Communities (Milk Quota) Regulations, 1995

Type Statutory Instrument

Publication 1995-10-04

Last updated 2000-03-30

State Repealed superseded text

Text As published

Source Irish Statute Book

articles 46

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

Reform history JSON API

Address: ______________

my/our holding being in the Townland(s) of ______

and in the DED of ______________

hereby apply for: (√ as appropriate)

(i) □ Number II Certificate of Retention

*AND/OR*

(ii) □ Number II Certificate of Transfer

for the attachment of the milk quota of _ litres ( ___ gallons) now attaching to

all □ OR that part □ (√ as appropriate)

of my holding containing ___________ hectares

situated at _______________

in the Townland(s) of ____________ , and in the

DED of ____________

Folio No. __ County __, and 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.

2. 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 (c) of Regulation 8 (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.

3. DECLARATION OF OWNERSHIP

I/We declare that the land which is to be transferred is owned by me/us in fee simple.

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 acquired the land by way of inheritance:

Name: __________

Address: ______________

Note: A copy of the title documents must 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.

Signature(s) of Applicant(s): ________

Date: ________________

FOR COMPLETION ONLY BY APPLICANTS WHO ARE SEEKING A NUMBER II CERTIFICATE OF RETENTION

I/We request a Number II Certificate of Retention for the attachment of the quota 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: ________________

5. FOR COMPLETION ONLY BY APPLICANTS WHO ARE SEEKING A NUMBER II 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 8 (2), the milk quota in question to land to be purchased, inherited or leased:—

(i) Name of Beneficiary: _________

(BLOCK CAPITALS)

Address: ___________

Signature(s) of Applicant(s): _______

Date: _____________

(ii) Name of Witness: _________

(BLOCK CAPITALS)

Address: ____________

Signature of Witness: ________

Date: _________

(iii) Name of Witness: ___________

*(BLOCK CAPITALS)*

Address: ____________

Signature of Witness: _______

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 ).

DOCUMENTS TO BE SUBMITTED BY ALL APPLICANTS

The following documents must be enclosed in support of this application:

(i) statement of how the proposed transfer will improve the structure of milk production on the holding;

(ii) a draft of the proposed instrument of transfer;

(iii) 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 II Certificate of Retention,

( b ) area to which quota is to be attached outlined in green.

PART B (FOR COMPLETION BY PROPOSED TRANSFEREE)

I/We_______________

(Name(s) in BLOCK CAPITALS)

Address: ______________

being the person(s) to whom it is proposed to make the above mentioned transfer, hereby consent to this application.

Signature of proposed Transferee: ____________

Date: ________

ELEVENTH SCHEDULE

EUROPEAN COMMUNITIES (MILK QUOTA) REGULATIONS, 1995

Application Form under Regulation 8 of the above Regulations for a Number II Certificate of Attachment

LANDS TO WHICH QUOTA WILL ATTACH

I/We ____________

(Name(s) in BLOCK CAPITALS)

Address: _____________

hereby apply for a Number II Certificate of Attachment for the attachment of _________ litres (____ gallons) of milk quota referred to in No. II Certificate of Transfer

No. ___ which was granted: (√ as appropriate)

(i) □ to me

*OR*

(ii) □ to the original applicant now deceased who was

Name: _______________

(BLOCK CAPITALS)

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 II 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 (g) of Regulation 8 (6) 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

EIGHTEENTH SCHEDULE

EUROPEAN COMMUNITIES (MILK QUOTA) REGULATIONS, 1995

Application for Registration as a Joint Purchaser

PART I

I/We ____________

(BLOCK CAPITALS)

Address: _________

hereby declare that I/we have been designated by the members listed at paragraph 3. below to apply for registration as a Joint Purchaser in the Register of Milk Purchasers as provided for in Regulation 17 of the European Communities (Milk Quota) Regulations, 1995.

I/We hereby declare that each of the members listed at paragraph 4 below is a wholly owned subsidiary or is wholly owned by an industrial and provident society within the meaning of Regulation 2 of the European Communities (Milk Quota) Regulations, 1995, and proof of this fact is attached to this application.

Name and address of each member.


NAME OF COMPANY	ADDRESS

I/We attach PART 2 of this application form completed and signed by each member.

I certify that the information herein is true and complete.

Signed: __________

Name: ___________

*(BLOCK CAPITALS)*

*Status: __________

Date: __________

*Specify whether the signatory is the applicant or a partner, director, company secretary or authorised officer.

PART 2

NAME AND ADDRESS OF COMPANY

*NAME:* __________

(BLOCK CAPITALS)

*ADDRESS:* _____________

I/We hereby state that I/we have designated

(name of applicant)

as the applicant for the purposes of this application,

Location of the premises 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:

UNDERTAKINGS

( a ) I/We 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.

( b ) I/We undertake together with the other members of the joint purchaser, the joint and several obligation to send to the Minister for Agriculture, Food and Forestry the statement referred to in Regulation 14 of the European Communities (Milk Quota) Regulations 1995 in accordance with that Regulation.

SUBMISSION OF PROOF OF POWER TO ACT AS A MILK PURCHASER

Attached is a copy of the Memorandum and Articles of Association or Rules [or similar documents] referred to in paragraph (7) of Regulation 17 of the European Communities (Milk Quota) Regulations, 1995.

I certify that the information herein is true and complete.

Signed: __________

Name: ___________

(Block Capitals)

*Status: _________

Date: ____________

*Specify whether the signatory is the applicant or a partner, director, company secretary or authorised officer.

EXPLANATORY NOTE.

This Order, which replaces the European Communities (Milk Quota) Regulations, 1994, ( S.I. No. 70 of 1994 ), puts in place the arrangements for the operation of the milk quota system in Ireland in accordance with the European Communities Regulations Nos. 3950/92, 536/93, 2055/93 and 2562/93.

In addition to those provisions of the above 1994 Regulations which are carried through into this Order, the Order further provides for the "ring-fencing" of milk quota within the Disadvantaged Areas; the registration of groups of milk purchasers and joint milk purchasers; the extension of certain time limits for applications under the milk quota regulations; and revised application forms which are set out in the Schedules to these Regulations.

SEVENTEENTH SCHEDULE

EUROPEAN COMMUNITIES (MILK QUOTA) REGULATIONS, 1995

Application for Registration as a Group of Purchasers

PART I

I/We __________

(Name in BLOCK CAPITALS)

Address: _____________

hereby apply on behalf of

(state name of Group of Purchasers)

for registration in the Register of Milk Purchasers as a registered group of purchasers as provided for in Regulation 17 of the European Communities (Milk Quota) Regulations, 1995.

I/We hereby declare that I/we have been designated as the person who will carry out the administrative and accounting operations necessary for the payment of the levy on behalf of the members identified at 4. of this form.

Location of the premises where the records and documentation referred to at 2. above may be inspected:

Names and addresses of each member within this Group:


NAME OF MEMBER	ADDRESS

I/We attach PART 2 of this application form completed and signed by each member.

I certify that the information herein is true and complete.

Signed: ______________

Name: _______________

*(BLOCK CAPITALS)*

*Status: ______________

Date: ___________

*Specify whether the signatory is the applicant or a partner, director, company secretary or authorised officer.

PART 2

NAME AND ADDRESS OF MEMBER OF GROUP OF PURCHASERS

*NAME:* __________

(BLOCK CAPITALS)

*ADDRESS: ___*_________

I/We hereby state that the application in Part I of this application is made with my/our consent.

PREMISES

Location of the premises 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:

UNDERTAKINGS

( a ) I/We ___________ 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.

( b ) I/We undertake together with the other members of the group, the joint and several obligation to send to the Minister for Agriculture, Food and Forestry the statement referred to in Regulation 14 of the European Communities (Milk Quota) Regulations, 1995 in accordance with that Regulation.

SUBMISSION OF PROOF OF POWER TO ACT AS A MILK PURCHASER BY AN APPLICANT WHO IS NOT AN INDIVIDUAL

I hereby attach details of my/our collection area.

I certify that the information herein is true and complete.

Signed: __________

Name: ___________

(Block Capitals)

*Status: _______________

Date: ____________

*Specify whether the signatory is the applicant or a partner, director, company secretary or authorised officer.

SIXTEENTH SCHEDULE

EUROPEAN COMMUNITIES (MILK QUOTA) REGULATIONS, 1995

Application for Registration as a Sole Purchaser

I/We ______________

(Name(s) in BLOCK CAPITALS)

Address: __________

hereby apply for registration in the Register of Milk Purchasers as a sole purchaser as provided for in Regulation 17 of the European Communities (Milk Quota) Regulations, 1995.

Location of the premises 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.

Undertaking

I/We undertake

( a ) 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;

( b ) to send to the Minister for Agriculture, Food and Forestry the statement referred to in Regulation 14 of the European Communities (Milk Quota) Regulations, 1995, in accordance with that Regulation.

Submission of proof of power to act as a purchaser by an applicant who is not an individual

5 I certify that the information herein is true and complete.

Signed: ___________

Name: ___________

*(BLOCK CAPITALS)*

*Status: __________

Date: _____________

*Specify whether the signatory is the applicant or a partner, director, company secretary or authorised officer.

FIFTEENTH SCHEDULE

EUROPEAN COMMUNITIES (MILK QUOTA) REGULATIONS, 1995

NOTICE OF INTENTION TO TRANSFER MILK QUOTA BETWEEN MILK PURCHASERS

Under Regulation 12 of the European Communities (Milk Quota) Regulations, 1995 a producer may transfer his milk quota in whole or in part from his existing purchaser to a new purchaser, in any quarter beginning on 1 January, 1 April, 1 July or 1 October by commencing deliveries of milk in that quarter to the new purchaser pursuant to a Producer Transfer Notice Number I sent to the purchaser to which the quota is currently attached and a Producer Transfer Notice Number II sent to the purchaser to which it is intended to transfer the quota in accordance with the requirements of that Regulation.

Those Notices must be sent to those purchasers by prepaid registered post and by no other means and they shall not be valid unless certificates of posting or other similar evidence in writing of posting of each of those notices are obtained from An Post.

PRODUCER TRANSFER NOTICE NUMBER II

TO BE SENT TO THE NEW MILK PURCHASER

I/We _____________

(Name(s)in BLOCK CAPITALS)

Address: _________

hereby give notice to:

Name of New Milk Purchaser: ___________

(BLOCK CAPITALS)

Address: ________________

of my/our intention to transfer to you in the quarter beginning on the 1st day of __ (month), __ (year) ___ litres (__ gallons), which is

all □ part□ (a as appropriate)

of the milk quota held by me/us, by commencing deliveries of milk to you in that quarter.

NAME OF EXISTING MILK PURCHASER

The quota which is being transferred is at present attached to:

Name of Milk Purchaser: ________

(BLOCK CAPITALS)

Address: _________________

BUTTERFAT

The representative fat content associated with the milk quota which is being transferred is ______ grams/kg.

TRANSFER OF PART ONLY OF TOTAL QUOTA (COMPLETE IF APPLICABLE)

The quota amount specified at 1. above is the part of my quota which I intend to transfer to you. My total quota is __ litres ( __ gallons).

QUOTA ACQUIRED BY WAY OF A LAND TRANSACTION (COMPLETE IF APPLICABLE)

All □ part □ (√ as appropriate)

of the quota amount specified at 1. above is held by me on foot of a land transfer to me by way of sale, lease or inheritance after the 31st day of March, 1994. I am enclosing a copy of the Delivery Milk Quota Transfer Form which was completed in respect of the transfer of this quota to me.

EXPIRY OF NOTICE

I understand that this notice shall cease to have effect if I do not commence milk deliveries to you in the quarter referred to in this notice.

Signed: ______________

Dated:___ day of ___ (month), ____ (year).

FOURTEENTH SCHEDULE

EUROPEAN COMMUNITIES (MILK QUOTA) REGULATIONS, 1995

Notice of Intention to Transfer Milk Quota between Milk Purchasers

PRODUCER TRANSFER NOTICE NUMBER I

TO BE SENT TO THE EXISTING MILK PURCHASER

I/We _____________

(Name(s)in BLOCK CAPITALS)

Address: __________

hereby give notice to:

Name of existing Milk Purchaser: ____________

(BLOCK CAPITALS)

Address: ________________

of my/our intention to transfer

___ litres (___ gallons) which is

all □ part □ (√ as appropriate)

of the milk quota held by me and at present attached to you under Supplier No: _____________,

to another Milk Purchaser in the quarter beginning on the 1st day of _ (month), ______ (year) by commencing deliveries of milk to that Milk Purchaser in that quarter.

I/We understand that this notice shall cease to have effect if I/we do not commence milk deliveries to the new Milk Purchaser in the quarter referred to in this notice.

Signed: ___________

Dated:__ day of ___ (month), ____ (year).

THIRTEENTH SCHEDULE

EUROPEAN COMMUNITIES (MILK QUOTA) REGULATIONS, 1995

Number III Certificate of Attachment of Milk Quota

On foot of the application dated __ day of __ (month), __ (year) by

Name: __________

(BLOCK CAPITALS)

Address: _____________

for a Number III Certificate of Attachment under Regulation 9 of the European Communities (Milk Quota) Regulations, 1995, the Minister for Agriculture, Food and Forestry hereby certifies that__ litres (__________ gallons) of milk quota,

being part □ all□(√ as appropriate)

of the milk quota the subject of a declaration granted by the Minister under the provisions of paragraph (1) of Regulation 9 of these Regulations shall be attached to the land containing _ hectares situated at __________

Folio No. __ County ___ , outlined on the map attached to the said application, from the _ day of _ (month), _ (year).

Issued on behalf of the Minister for Agriculture, Food and Forestry.

Signed: ________(Authorised Officer).

Dated: __ day of _ (month), _____ (year).


CERTIFICATE NO:

TWELFTH SCHEDULE

EUROPEAN COMMUNITIES (MILK QUOTA) REGULATIONS, 1995

Number II Certificate of Attachment of Milk Quota

On foot of the application dated __ day of __ (month), __ (year) by

Name: __________

(BLOCK CAPITALS)

Address: ______________

for a Number II Certificate of Attachment 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, the subject of Number II Certificate of Transfer No.___ , shall be attached to the land containing _________ hectares and 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:

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