S.I. No. 94/2000 - European Communities (Milk Quota) Regulations, 2000

REGULATION NUMBER	TITLE	PAGE
	PART I
	PRELIMINARY AND GENERAL
1.	Citation and Commencement	1
2.	Interpretation	1
3.	Competent Authority	6
	PART II
	TRANSFER OF MILK QUOTA WITH LAND
4.	Attachment of Quota to Land	6
5.	Restriction on the Transfer of Milk Quota	7
6.	Transfer of Land and Milk Quota - Family Transactions	8
7.	Permanent Transfer of Land and Milk Quota	9
8.	Partnerships	11
9.	Purchase of Milk Quota by Lessee	11
10.	Renewals of Land and Quota Leases	12
11.	Purchase of Land and Quota which was subject of a Lease Agreement Executed on or after 13 October 1999 and prior to 1 April 2000	13
12.	Expiry of Leases of Land and Quota - Transfer of Milk Quota to Lessor	13
13.	Purchase of Land and Quota on or after 13 October 1999 and prior to 1 April 2000	14
14.	Leases of Land and Quota Executed Prior to 1 April 2000	15
15.	Imposition of Levy	15
16.	Quota Attached to Land Situated in Less Favoured Areas	15
17.	Recording of Milk Quota Transfers	16
	PART III
	ENTITLEMENT TO RETAIN MILK QUOTA
18.	Transfer of Lands Without Milk Quota	19
19.	Certificates of Retention and Holding of Milk Quota	20
20.	Certificate of Attachment of Milk Quota	23
21.	Certificate of Temporary Retention of Milk Quota	25
22.	Milk Quota Established on Lands held by Lease, Licence or Other Limited Interest	26
	PART IV
	DORMANT QUOTA AND NATIONAL RESERVE
23.	Dormant Milk Quotas - Surrender to the National Reserve	29
24.	Dormant Milk Quotas - Part Surrender to the National Reserve	31
25.	National Reserve	32
	PART V
	MILK QUOTA SCHEMES
26.	Restructuring of Milk Quota	33
27.	Temporary Transfer of Milk Quota	34
28.	Allocation of Unused Quantities	36
29.	Definitive Discontinuation of Milk Production	36
30.	Permanent Transfer of Direct Sales and Delivery Quotas	36
	PART VI
	REGISTRATION OF MILK PURCHASERS
31.	Register of Milk Purchasers	37
32.	Sole Purchaser	38
33.	Group of Purchasers	38
34.	Joint Purchaser	39
35.	Notification of Registration	40
36.	Removal or Alteration of Registration	40
37.	Access to Register	44
	PART VII
	MILK PURCHASERS - OBLIGATIONS
38.	Transfer of Milk Quota between Milk Purchasers	44
39.	Milk Purchaser's Annual Declaration	47
40.	Calculation of Levy	48
41.	Collection of Levy	48
42.	Deduction of Levy by Milk Purchasers	49
43.	Recovery of Levy	50
44.	Certification of Outstanding Levy	50
45.	Milk Deliveries to a Milk Purchaser	50
46.	Maintenance of Records - Milk Purchasers	51
47.	Obligations and Liabilities of, and Penalties for Milk Purchasers	51
48.	Recording of Milk Deliveries by Milk Purchasers	51
49.	Recording of Milk Deliveries Against a Milk Quota	52
50.	End of Milk Quota Year Statements for Individual Milk Producers	53
51.	Fat Content of Milk Deliveries	53
52.	Submission of Information	54
	PART VIII
	DIRECT SELLERS
53.	Maintenance of Records - Direct Sales Producers	55
54.	Direct Sellers - Submission of Annual Declaration	55
	PART IX
	MISCELLANEOUS
55.	Appointment of Authorised Officers	55
56.	Authorised Officers	56
57.	Functions Performed by Authorised Officers	58
58.	Powers of the Minister - Exceptional Circumstances	58
59.	Offences	58
60.	Offences by Corporate Bodies	59
61.	Transitional Measures and Revocation of European Communities (Milk Quota) Regulations, 1995	59

EUROPEAN COMMUNITIES (MILK QUOTA) REGULATIONS, 2000

SCHEDULES

SCHEDULE	TITLE
FIRST	CERTIFICATE OF ENTITLEMENT TO TRANSFER MILK QUOTA
SECOND	APPLICATION FORM UNDER REGULATION 7 OF THE ABOVE REGULATIONS FOR A CERTIFICATE OF ENTITLEMENT TO TRANSFER MILK QUOTA
THIRD	NOTICE OF PURCHASE OF LEASED QUOTA BY THE LESSEE
FOURTH	DELIVERY MILK QUOTA TRANSFER FORM
FIFTH	DIRECT SALES MILK QUOTA TRANSFER FORM
SIXTH	CERTIFICATE OF RETENTION OF MILK QUOTA
SEVENTH	CERTIFICATE OF HOLDING OF MILK QUOTA
EIGHTH	CERTIFICATE OF ATTACHMENT OF MILK QUOTA
NINTH	CERTIFICATE OF TEMPORARY RETENTION OF MILK QUOTA
TENTH	APPLICATION FORM UNDER REGULATION 19 OF THE ABOVE REGULATIONS FOR A CERTIFICATE OF RETENTION OR A CERTIFICATE OF HOLDING OF MILK QUOTA, OR BOTH
ELEVENTH	APPLICATION FORM UNDER REGULATION 20 OF THE ABOVE REGULATIONS FOR CERTIFICATE OF ATTACHMENT
TWELFTH	APPLICATION FORM UNDER REGULATION 21 OF THE ABOVE REGULATIONS, FOR A CERTIFICATE OF TEMPORARY RETENTION
THIRTEENTH	DECLARATION FOR TEMPORARY LEASING OF MILK QUOTA
FOURTEENTH	APPLICATION FOR A REGISTRATION AS A SOLE PURCHASER
FIFTEENTH	APPLICATION FOR REGISTRATION AS A GROUP OF PURCHASERS
SIXTEENTH	APPLICATION FOR REGISTRATION AS A JOINT PURCHASER
SEVENTEENTH	NOTICE OF INTENTION TO TRANSFER MILK QUOTA BETWEEN MILK PURCHASERS - PRODUCER TRANSFER NOTICE NUMBER I
EIGHTEENTH	NOTICE OF INTENTION TO TRANSFER MILK QUOTA BETWEEN MILK PURCHASERS - PRODUCER TRANSFER NOTICE NUMBER II
NINETEENTH	INTER MILK PURCHASER QUOTA TRANSFER FORM

S.I. No. 94 of 2000.

EUROPEAN COMMUNITIES (MILK QUOTA) REGULATIONS, 2000

I, JOE WALSH, Minister for Agriculture, Food and Rural Development, in exercise of the powers conferred on me by section 3 of the European Communities Act, 1972 (No. 27 of 1972), and for the purpose of giving effect to Council Regulation (EEC) No. 3950/92¹ of the 28 December 1992 and Commission Regulation (EEC) No. 536/93 of the 9 March 1993² , hereby make the following Regulations:

CITATION AND COMMENCEMENT

1.

• (2) These Regulations shall come into operation on the 1 April 2000.

INTERPRETATION

2.

“authorised officer” means a person appointed as an authorised officer under Regulation 55;

“company” means a company within the meaning of the Companies Acts, 1963 to 1990;

“Council Regulation No. 3950/92” means Council Regulation (EEC) No. 3950/92 of 28 December 1992;

“Commission Regulation No. 536/93” means Commission Regulation (EEC) No. 536/93 of 9 March 1993;

“date of transfer” means -

• (a) in the case of a transfer or conveyance the date of transfer or conveyance,

• (b) in the case of a lease the first day of the term of the lease agreement,

• (c) in the case of inheritance the date of execution of the deed of assent by all necessary parties;

“delivery quota” means the quantity of milk or other milk products which may be delivered by a producer to a purchaser from his or her holding, in accordance with these Regulations, in a milk quota year without the producer being liable to pay levy;

“direct sales producer” means a person who is producing milk or other milk products which may be sold or transferred free for direct consumption as milk or other milk products.

“direct sales quota” means the quantity of milk or other milk products which may be sold or transferred free for direct consumption by a producer from a holding, in accordance with these Regulations in a milk quota year without the producer being liable to pay levy;

“existing purchaser” means a purchaser to whom a producer's milk quota or part thereof is for the time being attached;

“functions” includes powers and duties;

“holding” means all production units operated by the single producer and located within the geographical territory of a Member State;

“holding company” has the meaning that it has in section 155 of the Companies Acts, 1963;

“Industrial and Provident Society” means a Society registered under the Industrial and Provident Societies Acts, 1893 to 1978;

“individual purchaser” means a member of a registered group of purchasers or a registered joint purchaser;

“joint purchaser” means two or more bodies which are purchasers and are -

• (a) wholly owned subsidiaries of the same holding company,

• (b) a holding company and one or more wholly owned subsidiary or subsidiaries of that holding company,

• (c) an industrial and provident society and one or more companies wholly owned by that society, or

• (d) two or more companies wholly owned by an industrial and provident society;

“lease” for the purpose of these Regulations means a lease for a period of not less than 12 months and does not include an interest acquired by way of assignment or sub-lease or a licence;

“less favoured areas” means those areas described in the Annex to Council Directive 85/350/EEC of 27 June 1985 and in Annexes I and II to Council Directive 91/466/EEC of 22 July 1991;

“levy” means the levy referred to in Council Regulation No. 3950/92;

“Member State” means a Member State of the European Communities;

“milk quota year” means a 12 month period beginning on 1 April and ending on the following 31 March;

“milk quota” means, except in relation to a purchaser's milk quota, either a delivery or a direct sales quota or both;

“Minister” means Minister for Agriculture, Food and Rural Development;

“new entrant” means a person defined by the Minister as a New Entrant in a determination made by him or her under Regulation 26;

“producer” means a natural or legal person or a group of natural or legal persons farming a holding within the geographical territory of a Member State -

• (a) selling milk or other milk products directly to the consumer, or

• (b) supplying the purchaser,

or both;

“Producer Transfer Notice No. 1” and “Producer Transfer Notice No. II” have the meaning assigned to them respectively in Regulation 38(4);

“purchaser's milk quota” means the milk quota of a purchaser established, from time to time, under these Regulations, Council Regulation No. 3950/92 and Commission Regulation No. 536/93;

“registered group of purchasers” means 2 or more purchasers registered as a group under Regulation 31 ;

“registered joint purchaser” means 2 or more bodies registered as a joint purchaser under Regulation 31 ;

“registered sole purchaser” means a purchaser registered as a sole purchaser under Regulation 31 ;

“register” has the meaning assigned to it by Regulation 31 and cognate words shall be construed accordingly;

“the Regulations of 1995” means the European Communities (Milk Quota) Regulations, 1995 ( S.I. No. 266 of 1995 );

“Scheme of Early Retirement from Farming” means a scheme under Council Regulation (EEC) No. 2079/92 of 30 June 1992 instituting a Community aid scheme for early retirement from farming;

“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 Council Regulation No. 3950/92 and Commission Regulation No. 536/93 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) A reference to a transfer of a holding or part thereof in these Regulations means a reference to a transfer by way of sale, lease, inheritance or gift under which the transferee takes possession of the transferred holding or part thereof.

• (4) 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.

• (5) A reference to a purchaser in Regulation 17, 23, 24, 29, 38, 45, 46, 48, 49, 50, 51 or 52 means a reference to a sole purchaser or an individual purchaser.

• (6) A reference to a purchaser in Regulation 26, 27, 28, 39, 40, 41, 42, 43 or 44 means a reference to a sole purchaser, a registered group of purchasers or a registered joint purchaser.

• (7) In the definition of “joint purchaser” in paragraph (1) 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, in the 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.

• (8) A reference in these Regulations to a Regulation or a Schedule is to a Regulation of or a Schedule to these Regulations, unless it is indicated that a reference to some other Regulation or Schedule is intended.

• (9) A reference in these Regulations to a paragraph or subparagraph is to the paragraph or subparagraph of the provisions in which the reference occurs, unless it is indicated the reference to some other provision is intended.

• (10) A reference in these Regulations to a map means a map drawn on an Ordnance Survey sheet and, in the case of lands registered in the Land Registry, a copy of the filed plan.

COMPETENT AUTHORITY

3.

ATTACHMENT OF QUOTA TO LAND

4.

• (2) For the purposes 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 19, 20, 21 or 22 , in which the amount of milk deliveries in the case of a delivery quota or the quantity sold or transferred free for direct consumption in the case of a direct sales quota 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 the Regulations of 1995 or Regulation 26, and

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

• (3) In a case where there was no year in which the amount of milk deliveries or sales referred to in paragraph (2) was achieved then for the purposes 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 (4).

• (4) On an application in writing made to him or her for a certificate under this paragraph the Minister may attach the quota in question to such land as the Minister may think proper.

• (5) Where the amount of milk deliveries or sales referred to in paragraph (2) was achieved entirely or partly on land held by the producer under a lease or licence or other limited interest then, for the purpose 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 (6).

• (6) On an application in writing made to him or her for a certificate under this paragraph the Minister may attach the quota in question to such land as the Minister may think proper.

RESTRICTION ON THE TRANSFER OF MILK QUOTA

5.

• (2) Where there is a transfer of land to which milk quota attaches then, such milk quota shall be added to the national reserve unless Regulation 6, 7, 8, 9, 10, 11, 19, 20, 21 or 22 have been availed of.

• (3) Where lands to which milk quota attaches are transferred, and such quota is also transferred on foot thereof under and in accordance with Regulation 6, 7 or 11, the quota in question shall remain attached to those lands until 31 March 2008.

• (4) Where the lands referred to in paragraph (3) are subsequently transferred the relevant quota shall be added to the national reserve except where -

• (a) the transfer has been effected in accordance with Regulation 6 or 7,

• (b) the vendor has obtained from the Minister a Certificate of Retention of Milk Quota or a Certificate of Holding of Milk Quota pursuant to Regulation 19 in circumstances where a public authority possessing compulsory purchase powers has given formal notice of its intention to exercise these powers,

• (c) in the circumstances provided for in paragraph (6) of Regulation 19, or

• (d) the transferor has obtained from the Minister a Certificate of Temporary Retention of Milk Quota pursuant to Regulation 21.

• (5) 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.

• (6) A determination under paragraph (5) shall be made by way of a notice published in a newspaper published and circulating in the State.

• (7) 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.

TRANSFER OF LAND AND MILK QUOTA - FAMILY TRANSACTIONS

6.

• (2) For the purpose of these Regulations the following persons and no other person shall be relatives of another person:

• (a) the spouse,

• (b) the father, mother, and any child,

• (c) any child (other than that other person), and any child of a child, of any person who is by virtue of paragraph (b) a relative,

• (d) the grandparent,

• (e) an uncle or aunt,

of that other person.

• (3) Where a milk quota is transferred in accordance with paragraph (1) by way of gift, the milk quota so transferred shall not be the subject of a further transfer under this Regulation for a period of 2 years from the date of transfer unless approval for such a transfer is granted by the Minister.

• (4) The Minister may grant approval for a transaction referred to in paragraph (3) where he or she is satisfied that an application for such approval is due to some reasonable cause.

• (5) Quota transferred in accordance with paragraph (1) by way of sale or gift shall be subject to paragraphs (3) and (4) of Regulation 5.

PERMANENT TRANSFER OF LAND AND MILK QUOTA

7.

• (2) Paragraph (1) shall not apply to the transfer of land and quota by way of sale, gift or inheritance, where such a transaction comes under Regulation 6.

• (3) On receipt of an application under paragraph (1), the Minister may grant a Certificate of Entitlement to Transfer Milk Quota provided that each of the following requirements is satisfied:

• (a) the applicant submits, before the date of the proposed transfer, an application to the Minister in the form set out in the Second Schedule;

• (b) the holding, or part thereof, to be so transferred shall be owned in freehold or under a lesser assurance where at least 50 years of the term still remains;

• (c) that the applicant provides the Minister with a map showing the following:

• (i) the entire of the holding,

• (ii) the lands to which the entire milk quota attaches, and

• (iii) that area of the holding, whether all or part, which it is proposed to transfer;

• (d) that in each of the 3 milk quota years prior to the milk quota year in which the proposed transfer takes place, or in the case of an inheritance, the 3 milk quota years immediately prior to the milk quota year in which the death of the producer concerned takes place, the applicant or in the case of an inheritance, the deceased, has produced milk on the holding in question, and sales or deliveries of milk so produced have been recorded against the quota in question, and

• (e) that within a period of 6 months immediately prior to the date on which the application is lodged, or in the case of an inheritance, the 6 months immediately prior to the date of death of the producer concerned, the applicant or in the case of an inheritance the deceased, has produced milk on the holding in question and sales or deliveries of milk so produced have been recorded against the quota in question.

• (4) On receipt of an application in writing, the Minister may provide that subparagraph (e) of paragraph (3) and in the case of an inheritance, subparagraphs (d) and (e) shall not apply where he or she is satisfied that failure to comply with those provisions is due to some reasonable cause.

• (5) Where a Certificate of Entitlement to Transfer Milk Quota is granted, such a certificate shall be valid for a period of 6 months from the date of that certificate.

• (6) Notwithstanding paragraph (5), the Minister may, on an application being made in writing to him or her during the period referred to in paragraph (5) or within 3 months following the end of that period, by the person to whom it was granted, extend the validity of a Certificate of Entitlement to Transfer Milk Quota where failure to transfer the quota referred to in such a certificate is due to some reasonable cause.

• (7) Quota transferred in accordance with paragraph (1) shall be subject to paragraphs (3) and (4) of Regulation 5.

• (8) The Minister may determine an appropriate fee which shall accompany any application for a Certificate of Entitlement to Transfer Milk Quota under paragraph (1).

• (9) A determination under paragraph (8) shall be made by way of a notice published in a newspaper published and circulating in the State.

PARTNERSHIPS

8.

• (2) Rules made under paragraph (1) shall be published in a newspaper published and circulating in the State.

PURCHASE OF MILK QUOTA BY LESSEE

9.

Provided that that lessee is a producer.

• (2) For the purposes of this Regulation, the lease of land and quota must have existed prior to 13 October 1999 and must expire on or after 31 March 2000.

• (3) Paragraph (1) shall apply to the purchase of quota on expiry or earlier determination of a lease provided that the person entitled to the lessee's interest at the expiry of such lease is either -

• (a) the original lessee, or

• (b) a person who has become entitled to the lessee's interest in the lands by way of inheritance.

RENEWALS OF LAND AND QUOTA LEASES

10.

• (2) Paragraph (1) shall apply to a transfer of quota provided that the transferee is either -

• (a) the original lessee, or

• (b) a person who has become entitled to the lessee's interest in the lands by way of inheritance.

• (3) Subject to the approval of the Minister, paragraph (2) shall not apply where the lessee, due to some reasonable cause, is not in a position to renew the said lease.

• (4) An application for approval under paragraph (3) shall only be considered where -

• (a) such an application is received from the lessor,

• (b) the original transfer was approved under the Scheme of Early Retirement from Farming,

• (c) the Minister is satisfied that the lessee due to some reasonable cause is not in a position to renew the said lease agreement,

• (d) the Minister is satisfied that the new lease agreement is approved under the Scheme of Early Retirement from Farming,

• (e) any other information as the Minister may request is supplied.

• (5) Regulation 16 shall apply to any lease agreement executed under subparagraph (d) of paragraph (4).

• (6) For the purposes of this Regulation the lease of land and quota must have existed on or before 31 March 2000 and is due to expire on or after 31 March 2000.

PURCHASE OF LAND AND QUOTA WHICH WAS SUBJECT OF A LEASE AGREEMENT EXECUTED ON OR AFTER 13 OCTOBER 1999 AND PRIOR TO 1 APRIL 2000

11.

• (2) Paragraph (1) shall apply to a transfer of quota provided that the transferee is either -

• (a) the original lessee, or

• (b) a person who has become entitled to the lessee's interest in the lands by way of inheritance.

• (3) Quota transferred pursuant to paragraph (1) shall be subject to paragraphs (3) and (4) of Regulation 5.

EXPIRY OF LEASES OF LAND AND QUOTA - TRANSFER OF MILK QUOTA TO LESSOR

12.

• (2) Where a lease of any land to which a milk quota attaches expires or is earlier determined, 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 or determination for the remainder of the milk quota year in question shall be the amount of the lessees total milk deliveries from 1 April until the expiry date or date of determination of the lease, to be calculated as a percentage of the total milk quota entitlement of the lessee for the milk quota year in question.

The amount of milk quota to be transferred to the lessor for the remainder of the milk quota year in question shall be reduced by that percentage.

PURCHASE OF LAND AND QUOTA ON OR AFTER 13 OCTOBER 1999 AND PRIOR TO 1 APRIL 2000

13.

• (2) Where the lands referred to in paragraph (1) are subsequently transferred the relevant quota will be added to the national reserve except where -

• (a) the transfer has been effected in accordance with Regulation 6 or 7,

• (b) the vendor has obtained from the Minister a Certificate of Retention of Milk Quota or a Certificate of Holding of Milk Quota pursuant to Regulation 19 in circumstances where a public authority possessing compulsory purchase powers has given formal notice of its intention to exercise these powers,

• (c) in the circumstances provided for in paragraph (6) of Regulation 19, or

• (d) the transferor has obtained from the Minister a Certificate of Temporary Retention of Milk Quota pursuant to Regulation 21.

• (3) Paragraphs (1) and (2) shall apply where the lessor's interest in a lease is purchased on or after 13 October 1999 and prior to 1 April 2000, where on expiry of the said lease the relevant quota transfers to the person who purchased the lessor's interest.

LEASES OF LAND AND QUOTA EXECUTED PRIOR TO 1 APRIL, 2000

14.

IMPOSITION OF LEVY

15.

QUOTA ATTACHED TO LAND SITUATED IN LESS FAVOURED AREAS

16.

• (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) Paragraph (1) shall not apply to a quota transferred by way of a renewal of a lease of the land in accordance with Regulation 10 or to quota purchased on expiry or earlier determination of a lease of land in accordance with Regulation 9 where such lease

• (a) existed on or before 4 October 1995;

• (b) was a renewal of a lease which existed on that date, or is a lease which has been renewed within a period of 6 months of the date of its expiry provided the lessee remains in possession of the lands subject of that lease:

Provided that the person entitled to the lessee's interest at the expiry of the lease or the earlier determination is either

• (i) the original lessee, or

• (ii) a person who has become entitled to the lessee's interest by way of inheritance.

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

RECORDING OF MILK QUOTA TRANSFERS

17.

• (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) the documents are -

• (a) in the case of a delivery quota, the form set out in the Fourth Schedule and referred to in these Regulations as the “Delivery Milk Quota Transfer Form”, or the form set out in the Third Schedule and referred to in these Regulations as “Notice of Purchase of Leased Quota by Lessee”, whichever is appropriate, or

• (b) in the case of a direct sales quota, the form set out in the Fifth Schedule and referred to in these Regulations as the “Direct Sales Milk Quota Transfer Form”, or Notice of Purchase of Leased quota by Lessee, whichever is appropriate, and

• (i) in the case of a transfer to which Regulation 6 applies, a copy of the instrument of transfer together with a map showing the land transferred,

• (ii) in the case of a transfer to which Regulation 7 applies, a copy of a Certificate of Entitlement to Transfer Milk Quota and a copy of the instrument of transfer together with a map showing the land transferred,

• (iii) in the case of a transfer to which Regulation 8 applies a copy of the Deed of Partnership and where appropriate a copy of the instrument of transfer together with a map showing the holding transferred,

• (iv) in the case of a transfer of quota without land to which Regulation 9 applies -

• (a) a copy of the expired or terminated lease agreement together with a map of the lands comprised in that lease and where relevant a copy of the termination agreement, and

• (b) a copy of the Notice of Purchase of Leased Quota by Lessee,

• (v) in the case of a transfer of land and quota to which Regulation 9 applies -

• (a) a copy of the expired or terminated lease agreement together with a map of the lands comprised in that lease and where relevant a copy of the termination agreement, and

• (b) a copy of the instrument of transfer and a map showing the land transferred,

• (vi) in the case of a renewal of a lease of any land to which Regulation 10 applies, a copy of the instrument of transfer together with a map showing the land transferred, or

• (vii) in the case of the purchase of land and quota to which Regulation 11 applies, a copy of the instrument of transfer together with a map showing the land transferred.

• (3) Where paragraph (1) is complied with, the amount of the milk quota in question which subject to paragraph (4) 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) 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 way of inheritance or gift in accordance with Regulations 6 and 7, 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 31 December in that milk quota year and the documents referred to in paragraph (2) are given -

• (a) in the case of a delivery milk quota to the purchaser, or

• (b) in the case of a Direct Sales Quota to the Minister

before 31 December.

• (5) Where a milk quota is transferred to a lessor as a result of the expiry of a lease in accordance with Regulation 12, 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 (10) and in paragraphs (2) and (10) of Regulation 6 of the Regulations of 1995 shall be kept until 31 March 2009, by the registered purchaser or the Minister, as appropriate.

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

• (8) Where paragraph (1) is not complied with the transferee may apply to the Minister in writing for a declaration under paragraph (10). Such an application should state the reason for non compliance with the provisions of paragraph (1) and should be accompanied as appropriate by the documentation referred to in paragraph (2).

• (9) Where an application is made under paragraph (8) the Minister may seek such information or documentation from the applicant or any other party as may be necessary to enable him or her to make his or her decision.

• (10) Subject to paragraph (12) , the Minister may make a declaration, on an application being made to him or her under paragraph (8), that the milk quota in question may, provided that the provisions of paragraph (1) are fulfilled, be transferred 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) the applicant shall give a copy of such a Declaration to the purchaser to whom the quota in question is attached and shall provide him or her with such documents as the Minister may specify.

• (12) A declaration may not except in the case of a transfer by way of inheritance or gift be made by the Minister under paragraph (10) unless the transfer takes place before 31 December in the milk quota year in question and the documents referred to in paragraph (2) have been given -

• (a) in the case of a delivery milk quota to the purchaser, or

• (b) in the case of a Direct Sales Quota to the Minister,

before 31 December.

TRANSFER OF LAND WITHOUT MILK QUOTA

18.

• (a) in accordance with Regulation 19 a certificate of retention of milk quota (in the form set out in the Sixth Schedule and referred to in these Regulations as a “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,

• (b) in accordance with Regulation 19 a certificate (in the form set out in the Seventh Schedule and referred to in these Regulations as a “Certificate of Holding of Milk Quota”) certifying that such milk quota shall, in the event of such transfer be attached to lands to be purchased, leased, inherited or acquired by way of gift by the transferor within one year and 3 months of the date of the certificate and where a Certificate of Holding of Milk Quota has been issued, a certificate (in the form set out in the Eighth Schedule and referred to in these Regulations as a “Certificate of Attachment of Milk Quota”) under Regulation 20,

• (c) a Certificate of Retention and a Certificate of Holding in respect of different parts of such quota,

• (d) in accordance with Regulation 21 a Certificate (in the form set out in the Ninth Schedule and referred to in these Regulations as a “Certificate of Temporary Retention of Milk Quota”) certifying in the case of a transfer of all or part of a holding that entitlement to the quota is retained until the end of the milk quota year in which the proposed transfer takes place, or until such later date as may be specified in the certificate, or

• (e) a “Certificate of Temporary Retention of Milk Quota” and a “Certificate of Holding of Milk Quota” in respect of different parts of such quota.

CERTIFICATES OF RETENTION AND HOLDING OF MILK QUOTA

19.

• (a) a certificate referred to in paragraph (a) of Regulation 18 as a Certificate of Retention of Milk Quota that the milk quota attached to that part of his or her holding which he or she proposes to transfer, shall in the event of such transfer be attached to such other part of his or her holding as may be specified in the certificate,

• (b) a certificate referred to in paragraph (b) of Regulation 18 as a Certificate of Holding of Milk Quota that such milk quota shall, in the event of such transfer, be attached to land to be purchased, leased, inherited or acquired by way of gift by the transferor within one year and 3 months of the date of the certificate, or

• (c) a Certificate of Retention of Milk Quota and a Certificate of Holding of Milk Quota in respect of different parts of such milk quota:

Provided that each of the following requirements is satisfied:

• (i) that such an application is received before the date of the proposed transfer and the applicant supplies such information as the Minister may request,

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

• (iii) the applicant provides the Minister with a copy of the Contract for Sale, or a draft of the lease, as appropriate and a map showing the entire of his or her holding outlining that area of the holding, whether all or part, which it is proposed to transfer,

• (iv) the holding or part thereof to be so transferred shall be owned by the applicant in freehold or under a lesser assurance where at least 50 years of the term still remains and shall have been so owned before the 13 October 1999, by the applicant or by a person from whom the applicant acquired such a holding or part thereof, by way of inheritance or gift,

• (v) where the applicant seeks a Certificate of Retention of Milk Quota the Minister is satisfied that the milk quota is capable of being produced on the remainder of his or her holding specified in that application together with any other milk quota already attached to that remainder,

• (vi) where the applicant seeks a Certificate of Retention of Milk Quota that such remainder of his or her holding, if it is held under a lease, is held under a lease for a period of 3 years or more,

• (vii) where the applicant seeks a Certificate of Retention of Milk Quota in respect of quota attached to lands situated in a less favoured area, the Certificate of Retention will not be granted unless the distance between -

• (A) any part of the boundary of the part of the lands to which the said 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 said quota is attached where those lands do not comprise of contiguous lands, and

• (B) 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 48 kilometres.

• (viii) subparagraph (vii) 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 milk quota is attached.

• (2) Where a 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 3 months of the date of that certificate.

• (3) Where a transfer in relation to which a Certificate of Retention of Milk Quota has effect is made, the transferor shall notify in writing the Minister within 3 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.

• (4) A person who fails to comply with paragraph (3) shall be guilty of an offence.

• (5) The Minister may grant a Certificate of Retention of Milk Quota for part only of the milk quota where he or she is not satisfied that the remainder of the holding is capable of producing the milk quota.

• (6) Where a person transfers by sale any part of a holding which is not more than half of one 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.

• (7) Paragraph (6) shall apply to only 2 such transfers by a person in any one year.

CERTIFICATE OF ATTACHMENT OF MILK QUOTA

20.

• (a) has a Certificate of Holding 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 at least 3 years, purchases lands, inherits lands or acquires lands by way of gift within one year and 3 months of the date of the Certificate of Holding of Milk Quota:

Provided that the transfer referred to in that certificate is made within 3 months of the date of that certificate;

• (c) submits the application within 2 months of the lease or purchase or inheritance or gift referred to in subparagraph (b);

• (d) where a Certificate of Holding was granted in respect of quota attached to land situated in a less favoured area, subject to the exceptions referred to at subparagraphs (e) and (f) takes a lease of land for a period of at least 3 years, purchases lands, inherits lands or acquires land by way of gift, within one year and 3 months of the date of the Certificate of Holding of Milk Quota provided that the distance between -

• (i) any part of the boundary of the part of the lands to which the said 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 said 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 48 kilometres;

• (e) subparagraph (d) 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 quota is attached;

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

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

• (h) submits to the Minister a copy of each of the instruments of transfer and the map, referred to in the Eleventh Schedule to these Regulations; and

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

• (2) Where a Certificate of Holding of Milk Quota is granted, the grantee of the certificate shall remain entitled to the relevant milk quota for a period of one year and 3 months from the date of that certificate provided the transfer referred to in that certificate is made within 3 months of the date of that certificate, and shall remain so entitled after that period where the Minister has granted a Certificate of Attachment of Milk Quota during that period.

• (3) The Minister may grant a Certificate of Attachment of Milk Quota for part only of the milk quota where he or she is not satisfied that the lands referred to in subparagraph (b) of paragraph (1) in question are capable of producing the entire of the milk quota.

• (4) Where a Certificate of Holding of Milk Quota has been granted and where no 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 3 months specified in paragraph (2), then all or that part of that milk quota, as the case may be, shall be added to the national reserve.

• (5) Notwithstanding paragraph (4), the Minister may, on an application being made in writing for that purpose to him or her during the period referred to in paragraph (4) or within 3 months following the end of that period, by the person to whom it was granted, extend the validity of a Certificate of Holding of Milk Quota issued under Regulation 19 where the Minister is satisfied that a failure to make a transfer referred to in such a certificate or a failure to acquire land within the period in question is due to some reasonable cause.

CERTIFICATE OF TEMPORARY RETENTION OF MILK QUOTA

21.

• (2) On receipt of an application in the form set out in the Twelfth Schedule, the Minister may grant a Certificate of Temporary Retention of Milk Quota provided that:

• (a) such an application is submitted to the Minister before the date of the proposed transfer and the applicant supplies such information as the Minister may request;

• (b) the applicant provides the Minister with a copy of the Contract of Sale, or a draft of the lease, as appropriate, or in the case of inheritance Probate of the deceased's Will or Letters of Administration;

• (c) the holding or part thereof to be so transferred shall be owned by the applicant in freehold or under a lesser assurance where at least 50 years of the term still remains.

• (3) Where a Certificate of Temporary Retention of Milk Quota is granted, the applicant shall retain entitlement to such milk quota until the end of the milk quota year in which the proposed transfer referred to in that certificate is made or until such later date as may be specified in the Certificate.

• (4) Where a Certificate of Temporary Retention of Milk Quota is granted, the applicant will be entitled to temporary transfer the quota under the provisions of Regulation 27 and surrender the quota under a Milk Quota Restructuring Scheme administered under Regulation 26.

• (5) Where a transfer of land in relation to which a Certificate of Temporary Retention of Milk Quota has effect is made, the transferor shall notify in writing the Minister within 3 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.

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

MILK QUOTA ESTABLISHED ON LANDS HELD BY LEASE, LICENCE OR OTHER LIMITED INTEREST

22.

• (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,

• (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 3 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 3 months after such termination or within 3 months from the date on which notification of termination has been given, whichever is the earlier.

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

• (4) A declaration under paragraph (1) 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), the Minister may stay the operation of paragraph (1) of Regulation 12 for a period not exceeding 6 months.

• (6) Where the Minister has made a declaration under paragraph (1) the person in whose favour that declaration has been made shall have the right to attach the milk quota in question to land to be purchased, leased, inherited or acquired by way of gift within a period of one year and 3 months from the date of the declaration and he or she shall remain so entitled after that period where the Minister has granted a Certificate of Attachment in respect of that quota during that period.

• (7) On an application in writing being made within 2 months of the expiry of a period referred to in paragraph (2) the Minister may extend the time for making an application referred to in that paragraph where he or she 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 Certificate of Attachment of Milk Quota provided that the applicant satisfies each of the following requirements, namely, he or she -

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

• (b) owns land, has a lease of land for a period of 3 years or more, or purchases land, or inherits land or acquires land by way of gift within one year and 3 months from the date of the declaration,

• (c) applies to the Minister in writing within 2 months of the lease or purchase or inheritance or acquisition by gift referred to in subparagraph (b) or within 2 months of the date of the declaration granted under paragraph (1) in the case of land owned at the date of that declaration,

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

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

• (f) supplies such information as the Minister may request.

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

• (10) Where no 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) during the period of one year and 3 months specified in paragraph (6) or a longer period as provided for in paragraph (7) then all or that part of that milk quota shall be added to the national reserve unless the Minister grants a Certificate of Temporary Retention of Milk Quota referred to in Regulation 21.

• (11) An application under paragraph (1) in relation to a lease referred to in a Certificate of Retention of Milk Quota issued under Regulation 19 or a Certificate of Attachment of Milk Quota issued under Regulation 20 shall be granted.

• (12) An application under paragraph (1) in relation to a lease referred to in a Certificate of Attachment issued under Regulation 20 shall be granted.

• (13) A person entitled to a lease referred to in paragraph (11) or paragraph (12) who fails to notify the Minister of the expiry of that lease shall be guilty of an offence.

• (14) 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 (11) or paragraph (12) where no application under paragraph (1) has been made.

DORMANT MILK QUOTAS - SURRENDER TO THE NATIONAL RESERVE

23.

• (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 the temporary transfer of milk quota authorised by the Minister under Regulation 27, or in the case of the milk quota year ending 31 March, 2000, Regulation 16 of the Regulations of 1995, he or she shall, on or before, 15 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) 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 1 July in any year or in any other case where the Minister has reason to suspect that a person who has a direct sales quota or a delivery quota has not marketed or delivered milk produced on his or her holding in a milk quota year, the Minister may, before 31 August in the following milk quota year, or within 3 months as appropriate, serve a notice on the person stating that he or she is considering adding the milk quota of that person to the national reserve and informing him or her that if he or she wishes to make any observations he or she 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 or she makes an addition of his or her quota to the national reserve.

• (5) Where a person whose quota has been added to the national reserve under this Regulation resumes production of milk he or she shall be granted a quota no later than 1 April following the date of his or her application, in accordance with the provisions of Article 5 of Council Regulation No. 3950/92 provided that such an application has been received by the Minister prior to the 1st day of the preceding January.

• (6) Where a period of time referred to in paragraph (4) of Regulation 20 or in paragraph (10) of Regulation 22 includes a period of 9 months or a longer period of a milk quota year or a lesser period where such a period of time expires in any milk quota year after 30 September then the power of the Minister under paragraph (4) 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 (4) of Regulation 20 or in paragraph (10) of Regulation 22 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 or she shall not exercise his or her power under paragraph (4).

• (8) Any person who fails to comply with paragraph (1) or (2) shall be guilty of an offence.

DORMANT MILK QUOTAS - PART SURRENDER TO THE NATIONAL RESERVE

24.

• (a) making a temporary transfer under Regulation 27, or

• (b) delivering to a purchaser,

or both

in a milk quota year, the purchaser, to whom the milk quota is attached shall on or before 15 May of the following milk quota year, give to the Minister in writing, the name and address of that quota holder, details of the quota, the quantity of quota temporarily transferred under Regulation 27, and where appropriate the quantity of quota delivered to him.

• (2) Where a person who has not utilised at least 70 per cent of his or her milk quota by -

• (a) making a temporary transfer under Regulation 27, or

• (b) selling or offering for sale milk or milk products,

or both

in a milk quota year, that person shall, on or before 15 May of the following milk quota year, give to the Minister in writing, details of the quota, the quantity of quota temporarily transferred under Regulation 27, and where appropriate the quantity of milk or milk products sold or offered for sale.