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

• (3) In the case of a person referred to in paragraph (1) or (2) or in any other case where the Minister has reason to suspect that a producer who has a direct sales quota or a delivery quota did not meet the requirements of paragraphs (1) and (2) in a milk quota year, the Minister may, before the 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 all or part of 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 an addition of his or her quota or part thereof is made to the national reserve.

• (5) Paragraph (4) shall not apply in cases of force majeure and in duly justified cases affecting the production capacity of the producer in question.

• (6) Where a producer whose quota or part thereof has been added to the national reserve under this Regulation resumes or proposes to increase production of milk he or she shall be reallocated that quota or part thereof no later than 1 April following the date of his or her application, in accordance with 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.

• (7) Where a period of time referred to in paragraph (4) of Regulation 20 or in paragraph (10) of Regulation 22 includes 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.

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

NATIONAL RESERVE

25.

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

• (3) The Minister shall, by notice published in a newspaper published and circulating in the State, specify the manner in which milk quotas added to the national reserve shall be granted to producers and the conditions to be complied with by a producer to whom such a grant is to be made.

RESTRUCTURING OF MILK QUOTA

26.

• (2) The Milk Quota Restructuring Scheme shall be operated at collection area level in the case of delivery quota and at a national level in the case of direct sales quota.

• (3) Each designated Milk Purchaser shall be responsible for the operation of the Milk Quota Restructuring Scheme in its collection area in the case of delivery quota.

• (4) The Minister shall be responsible for the operation of the Milk Quota Restructuring Scheme in the case of direct sales quota.

• (5) The maximum payment for quota surrendered and reallocation price shall be set by the Minister. In the case of delivery quota each milk purchaser may set a price lower than the maximum price. Each Milk Purchaser shall inform the Minister in writing by 30 April each year of the price set for that collection area.

• (6) A person who surrenders all or part of his or her milk quota under a Milk Quota Restructuring Scheme will not be entitled to benefit from a reallocation of quota under a subsequent Milk Quota Restructuring Scheme.

• (7) The Minister may determine in accordance with Article 8(b) of Council Regulation No. 3950/92 the categories of producers who may obtain quota available for reallocation under a Milk Quota Restructuring Scheme.

• (8) Milk quota purchased under the provisions of this Regulation shall not be transferred in the case of a transfer of land and milk quota by way of sale under Regulations 6 and 7.

• (9) Where a new entrant purchases quota under the Milk Quota Restructuring Scheme that person shall be required to commence milk production within one year and 3 months of the purchase of such quota.

• (10) Where a new entrant intends to commence milk production he or she must notify the Minister in writing at least 30 days prior to the date of such commencement.

• (11) Where paragraph (9) has not been complied with the milk quota in question shall be added to the national reserve.

• (12) A person who fails to comply with the provisions of paragraph (10) shall be guilty of an offence.

• (13) Where a new entrant commences milk production his holding must be registered under Regulation 7 of the European Communities (Hygienic Production and Placing on the Market of Raw Milk, Heat-Treated Milk and Milk-based Products) Regulations, 1996 ( S.I. No. 9 of 1996 ), prior to such commencement.

• (14) The documents relating to the surrender and reallocation of milk quota under this Regulation and Regulation 35 of the Regulations of 1995, shall be kept until 31 March 2009, by the registered purchaser or the Minister, as appropriate.

• (15) Details of the maximum price set by the Minister in accordance with paragraph (5) and the determination made under paragraph (7) shall be published in a newspaper published and circulating in the State.

TEMPORARY TRANSFER OF MILK QUOTA

27.

• (2) A person may, subject to paragraphs (3) and (4), offer for temporary transfer such part of his or her milk quota as he or she does not intend to use during that milk quota year.

• (3) The holder of a quota who neither made milk deliveries to a purchaser, or sold milk or milk products directly for consumption, during any 3 successive milk quota years since 1 April 1997 and who made a temporary transfer of his or her quota under Regulation 16 of the Regulations of 1995 or under paragraph (2) during each of the 3 milk quota years in question shall not be entitled to make a temporary transfer under paragraph (2).

• (4) A person who neither made milk deliveries to a purchaser, or sold milk or milk products directly for consumption, has leased his or her land and milk quota for a period of 3 successive years or more, since 1 April 1997 shall be entitled to make a temporary transfer of his or her quota under paragraph (2) for one year only.

• (5) Notwithstanding paragraphs (3) and (4) a person may apply in writing to the Minister for a declaration in the form set out in the Thirteenth Schedule, granting approval to make a temporary transfer of his or her quota for one further milk quota year.

• (6) The Minister on an application being made to him or her under paragraph (5) may make a declaration provided he or she is satisfied that:

• (a) in the case of the person referred to in paragraph (3) such person was prevented from delivering milk or selling milk or milk products for direct consumption during the 3 successive milk quota years referred to in paragraph (3) due to exceptional circumstances, and

• (b) in the case of the persons referred to in paragraphs (3) and (4) such persons were prevented from delivering milk or selling milk or milk products for direct consumption during the milk quota year subject of the application referred to in paragraph (5), due to exceptional circumstances.

• (7) 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 6.1 of Council Regulation No. 3950/92.

• (8) Determinations under paragraphs (1) and (7) shall be published in a newspaper published and circulating in the State.

ALLOCATION OF UNUSED QUANTITIES

28.

DEFINITIVE DISCONTINUATION OF MILK PRODUCTION

29.

• (2) A purchaser who takes delivery from a producer referred to in paragraph (1) shall be guilty of an offence.

PERMANENT TRANSFER OF DIRECT SALES AND DELIVERY QUOTAS

30.

REGISTER OF MILK PURCHASERS

31.

• (2) Any person who purchases milk as a purchaser after the 31 March 1994, unless he or she is a registered purchaser shall be guilty of an offence.

• (3) Applications for registration in the register shall be -

• (a) in the case of a sole purchaser, in the form set out in the Fourteenth Schedule,

• (b) in the case of a group of purchasers, in the form set out in the Fifteenth Schedule, and

• (c) in the case of a joint purchaser, in the form set out in the Sixteenth Schedule.

• (4) A purchaser who was, immediately before the commencement of these Regulations, registered under Regulation 17 of the Regulations of 1995, shall on such commencement be registered under these Regulations as a sole purchaser, a group of purchasers or a joint purchaser as the case may be.

• (5) Where an application under paragraph (3) is received by the Minister, such an application shall if approved, result in the name of the sole purchaser, the group of purchasers or the joint purchaser and all other relevant information being registered in the Register.

• (6) The proof required for the purposes of paragraph (a) of Regulation 32, paragraph (1) (c) of Regulation 33 and paragraph (b) Regulation 34 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) in the case of an Industrial and Provident Society established under the Industrial and Provident Societies Acts, 1893 to 1978, the rules of that society.

SOLE PURCHASER

32.

• (a) where he or she is not an individual, he or she has provided proof in accordance with paragraph (6) of Regulation 31 that he or she has the legal authority to buy milk,

• (b) he or she has premises in the State where the stock accounts, registers and other documents referred to in subparagraph (c) of Article 7.1 of Commission Regulation No. 536/93 may be inspected by an authorised officer,

• (c) he or she states in the form set out in the Fourteenth Schedule that he or she undertakes to keep up to date the stock accounts, registers and other documents referred to in subparagraph (c) of Article 7.1 of Commission Regulation No. 536/93, and

• (d) he or she states, in the form set out in the Fourteenth Schedule, to undertake to send to the Minister the statement referred to in Regulation 39 in accordance with that Regulation.

GROUP OF PURCHASERS

33.

• (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 (6) of Regulation 31 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 Fifteenth Schedule 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 a premises in the State where the accounts and other documents relating to the operation of the group of purchasers 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 subparagraph (c) of Article 7.1 of Commission Regulation No. 536/93 may be inspected by an authorised officer,

• (f) each member gives an undertaking in the form set out in the Fifteenth Schedule that he will keep up to date the stock accounts, registers and other documents referred to in subparagraph (c) of Article 7.1 of Commission Regulation No. 536/93, and

• (g) each member gives an undertaking jointly and severally in the form set out in the Fifteenth Schedule to send to the Minister the statement referred to in Regulation 39 in respect of the registered group of purchasers.

• (2) A group of purchasers may only be registered with effect from 1 April in any year.

JOINT PURCHASER

34.

• (a) each member provides its name and address;

• (b) each member provides proof in accordance with paragraph (6) of Regulation 31 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;

• (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;

• (e) each member has premises in the State where the stock accounts, registers and other documents referred to in subparagraph (c) of Article 7.1 of Commission Regulation No. 536/93 may be inspected by an authorised officer;

• (f) each member gives an undertaking in the form set out in the Sixteenth Schedule that he or she will keep up to date the stock accounts, registers and other documents referred to in subparagraph (c) of Article 7.1 of Commission Regulation No. 536/93; and

• (g) each member gives an undertaking jointly and severally in the form set out in the Sixteenth Schedule to send to the Minister the statement referred to in Regulation 39 in respect of the registered joint purchaser.

NOTIFICATION OF REGISTRATION

35.

• (2) Where the Minister has registered a group of purchasers in the Register, he or she shall notify each member of that group that he or she has so registered that group.

• (3) Where the Minister has registered a joint purchaser in the Register, he or she shall notify each member of that joint purchaser that he or she has so registered that joint purchaser.

REMOVAL OR ALTERATION OF REGISTRATION

36.

• (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 33, or if they breach any of the undertakings referred to in Regulation 33 (1) (f) or (g), 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) apply to the members, or if the statement referred to in paragraph (1) (d) of Regulation 33 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 33 or if they cease to be a group.

• (3) In the case of a registered group of purchasers consisting of only 2 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 33, or if one of the members breaches the undertaking referred to in paragraph (1) (f) or (g) of Regulation 33, 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) apply to one of the members, or if the statement referred to in paragraph (1) (d) of Regulation 33 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 33, or if one or more of the members breaches the undertaking referred to in paragraph (1) (f) or (g) of Regulation 33, 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) apply to one or more of the members, or if the statement referred to in paragraph (1) (d) of Regulation 33 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 Fifteenth Schedule for the addition of one or more additional members to that group of purchasers provided the conditions of paragraph (1) of Regulation 33 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 34 (e), or if the members breach the undertaking referred to in Regulation 34 (f) or (g), 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) apply to the members, or if they cease to be a joint purchaser.

• (7) In the case of a joint purchaser consisting of only 2 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 34 (e) or if one member breaches the undertaking referred to in Regulation 34 (f) or (g), 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) 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 one of the members from the register if that member ceases to have the legal authority to act as a purchaser, or if that member ceases to have premises of the type referred to in Regulation 34 (e), or if that member breaches the undertaking referred to in Regulation 34 (f) or (g), or if that 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) apply to the member, or if that 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 Sixteenth Schedule for the addition of one or more members to that joint purchaser provided the conditions of Regulation 34 have been complied with.

• (10) Whenever the Minister is considering whether to remove a sole purchaser from the Register he or she shall notify the purchaser in writing of that fact and the purchaser may make observations in writing to the Minister within 30 days of the date of service of the notice.

• (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 or she shall notify each member of that group and the designated person referred to in paragraph 1(d) of Regulation 33 in writing of that fact and each member and that designated person may make observations in writing to the Minister within 30 days of the date of service of the notice.

• (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 or she shall notify 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 within 30 days of the date of service of the notice.

• (13) A purchaser may be deleted from the Register by the Minister, where -

• (a) in the previous milk quota year no milk was delivered to that purchaser,

• (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 38 and no corresponding valid Producer Transfer Notice Number I has been sent to an existing purchaser in accordance with Regulation 38.

• (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 or she is satisfied that it is proper to do so.

• (15) The Minister may, at the request in writing, 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 or she is satisfied that it is proper to do so.

ACCESS TO REGISTER

37.

• (2) The Register shall be open for inspection at all reasonable times.

TRANSFER OF MILK QUOTA BETWEEN MILK PURCHASERS

38.

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

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

• (4) A producer who wishes to effect a transfer referred to in paragraph (3), shall send to the purchasers concerned, notices in the form set out in the Seventeenth and Eighteenth Schedules and referred to in these Regulations as Producer Transfer Notice Number I and Producer Transfer Notice Number II, respectively, of his or her intention to make a transfer in that quarter and the notices shall be sent in sufficient time so as to arrive not later than the last day which is not a Saturday, Sunday or public holiday, of the second last quarter before the commencement of the quarter in which he or she wishes the transfer to be effected.

• (5)
• (a) Producer Transfer Notice Number I shall be sent to the existing purchaser.

• (b) Producer Transfer Notice Number II shall be sent to the new purchaser and where applicable, shall be accompanied by a copy of the Delivery Milk Quota Transfer Form referred to in paragraph (2) of Regulation 17, and -

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

• (ii) in the case of a transfer to which Regulation 9 applies, a copy of the Memorandum of Agreement for the Purchase of Leased Quota, or

• (iii) in the case of a transfer to which Regulation 10 or Regulation 11 applies, a copy of the instrument of transfer together with a copy of a map of the lands transferred.

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

• (7) Where deliveries to a new purchaser pursuant to such notices have commenced, that purchaser shall, within 2 months of the date of such commencement, apply to the Minister in the form set out in the Nineteenth Schedule and referred to in these Regulations as the “Inter Milk Purchaser Quota Transfer Form”, for an appropriate adjustment in its milk quota.

• (8) The Minister shall refuse to grant an application under paragraph (7) unless the applicant provides him or her with copies of the certificates of posting or other similar evidence in writing of posting referred to in paragraph (13) .

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

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

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

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

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

• (14) The amount of the delivery quota transferred in accordance with this Regulation shall, in accordance with the second subparagraph of Article 2.2 of Council Regulation No. 3950/92, be reduced so as to take account of the amount of milk quota necessary to cover the deliveries made by the producer to his or her existing purchaser in the milk quota year in which the transfer takes place and, if appropriate, adjusted in accordance with the provisions of Article 2.2 of Commission Regulation No. 536/93.

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

• (16) The power referred to in paragraph (15) shall not be exercised unless all persons who in the opinion of the Minister have an interest in the proposed revision have been given notice in writing of the consideration by the Minister of the matter and are given an opportunity to submit observations in writing.

• (17) A transfer of a quota under paragraph (3) to which a producer is entitled under a lease of land shall cease to have effect on the expiry or earlier determination of that lease and shall not operate to attach that quota in the name of the lessor to the purchaser to whom the quota had been attached under that transfer and such quota shall, except in the case of a transaction where Regulation 9 or 22 have been availed of, in accordance with Regulation 12 on such expiry become attached to the purchaser to which it had been attached before such transfer.

• (18) A transfer of a milk quota, from one purchaser to another purchaser which took place before the coming into operation of these Regulations, to which a producer is entitled under a lease of land shall cease to have effect on the expiry or earlier determination of that lease and shall not operate to attach that quota in the name of the lessor to the purchaser to whom the quota had been attached under that transfer and such quota shall, except in the case of a transaction where Regulation 9 or 22 have been availed of, in accordance with Regulation 12 on such expiry become attached to the purchaser to which it had been attached before such transfer.

• (19) Where a transfer of quota under Regulation 9 or 10 has been made and where such quota was transferred to a new milk purchaser in connection with a land lease agreement prior to the transfer in question taking place, the milk quota so transferred shall become attached to the milk purchaser to which it had been attached when the lease agreement was executed.

• (20) Where paragraph (19) applies a producer may apply under paragraph (11) for approval for the transfer of the quota to a new purchaser.

MILK PURCHASER'S ANNUAL DECLARATION

39.

• (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 delivered during the milk quota year, and

• (d) the average representative fat content associated with the delivery quotas of the producers who delivered that milk.

• (2) The statement referred to in paragraph (1) shall be signed by one of the following:

• (a) the purchaser or his or her business partner, or

• (b) where the purchaser is a body corporate a director, secretary or manager of the said body corporate.

• (3) A person who fails to comply with paragraph (1) or forwards to the Minister in purported compliance with that paragraph a statement which is false or misleading in a material respect shall be guilty of an offence.

CALCULATION OF LEVY

40.

COLLECTION OF LEVY

41.

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

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

• (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.

DEDUCTION OF LEVY BY MILK PURCHASERS

42.

• (2) All amounts deducted by the purchaser under paragraph (1) 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) and paid into the account in accordance with paragraph (2) 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 Article 2 of Council Regulation No. 3950/92 and Article 3 of Commission Regulation No. 536/93 shall be guilty of an offence.

RECOVERY OF LEVY

43.

CERTIFICATION OF OUTSTANDING LEVY

44.

MILK DELIVERIES TO A MILK PURCHASER

45.

• (2) A purchaser to whom no milk quota is attached under these Regulations shall inform the Minister before the commencement of deliveries of milk to him.

• (3) A purchaser who fails to comply with paragraph (2) shall be guilty of an offence.

MAINTENANCE OF RECORDS - MILK PURCHASERS

46.

OBLIGATIONS AND LIABILITIES OF, AND PENALTIES FOR MILK PURCHASERS

47.

• (2) Where an act or omission is an offence contrary to Regulations 39, 41, 52 or 56, 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.

RECORDING OF MILK DELIVERIES BY MILK PURCHASERS

48.

• (2) In the case of all other deliveries of milk or other milk products to a purchaser, the record provided for in paragraph (1) shall be made by the purchaser or his or her agent at the time of delivery.

• (3) All records provided for under paragraphs (1) and (2) shall be kept for a period of at least 3 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 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.

RECORDING OF MILK DELIVERIES AGAINST A MILK QUOTA

49.

• (2) A person who delivers or offers for delivery to a purchaser with the intention that the delivery be recorded against his or her delivery quota in the records of that purchaser, milk which has not been produced by him or her on a holding operated by him or her shall be guilty of an offence.

• (3) 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 (2) shall be guilty of an offence.

• (4) A purchaser who knowingly records against a person's milk quota in his or her records milk which has not been produced by that person shall be guilty of an offence.

• (5) A servant or agent of a purchaser who knowingly assists a person to commit an offence under paragraph (2) or paragraph (3) shall be guilty of an offence.

• (6) A purchaser who knowingly records against a quota attached to land situated in a less favoured area which has been transferred under these Regulations or under the Regulations of 1995 and milk which has not been produced in accordance with Regulation 16 shall be guilty of an offence.

• (7) A servant or agent of a purchaser who knowingly assists a person to commit an offence under paragraph (6) shall be guilty of an offence.

END OF MILK QUOTA YEAR STATEMENTS FOR INDIVIDUAL MILK PRODUCERS

50.

• (a) the producer's milk quota entitlement,

• (b) the representative fat level associated with such quota

• (c) the quantity of milk delivered by the producer,

• (d) the average fat content of such deliveries, and

• (e) the quantity of milk delivered corrected in accordance with Article 2.2 of Commission Regulation No. 536/93,

shall be guilty of an offence.

FAT CONTENT OF MILK DELIVERIES

51.

• (2) A purchaser shall send to a producer within 2 months notice of any determination of the fat content of milk delivered by him or her.

• (3) A purchaser shall retain and preserve a record of any tests and a record of all notifications made under paragraph (2) for a period of 3 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) An authorised officer may at all reasonable times enter any premises in which he or she has reasonable grounds for believing that a purchaser or his or her 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.

• (5) For the purposes of paragraph (1), 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 purpose in a notice in writing sent to all purchasers.

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

SUBMISSION OF INFORMATION

52.

• (a) the total amount of quota attaching to that purchaser or the amount of quota attaching to any individual producer or producers attached to that purchaser or both,

• (b) the operation of any scheme under Regulation 26,

• (c) the operation of any scheme under Regulation 27,

• (d) the operation of any scheme under Regulation 28,

• (e) transfers recorded under Regulation 17,

• (f) 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 to whom a request has been issued under paragraph (1) shall furnish the Minister with the information so requested within the time limit specified in that request.

• (3) A person without adequate excuse who fails to comply with this Regulation shall be guilty of an offence.

MAINTENANCE OF RECORDS - DIRECT SALES PRODUCERS

53.

DIRECT SELLERS - SUBMISSION OF ANNUAL DECLARATION

54.

• (2) A person who fails to comply with this Regulation or forwards to the Minister in such purported compliance a statement that is false or misleading in a material respect shall be guilty of an offence.

APPOINTMENT OF AUTHORISED OFFICERS

55.

• (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.

AUTHORISED OFFICERS

56.

• (a) at all reasonable times enter and inspect any premises in which he or she 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 purposes of the exercise of any of the powers conferred on him or her 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, take extracts from any such books, records or documents,

• (e) remove any such books, records or documents and retain them for such period as may be reasonable,

• (f) 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 or her to -

• (i) process that data on any data equipment in that person's possession or control,

• (ii) test or examine the operation of any such data equipment,

• (iii) extract any information constituting such data, or

• (iv) obtain knowledge about the books, records and other documents referred to in this Regulation,

• (g) carry out or have carried out such examinations, tests, inspections and checks of any products found there as he or she reasonably considers necessary, and if he or she so thinks fit, takes reasonable samples of such products, or remove or have removed from there any products as is reasonable and retain the products to facilitate examination or testing.

• (2) A person who obstructs or interferes with an authorised officer or a person engaged by the Minister and referred to in paragraph (4) when he or she is exercising a power conferred on him or her by these Regulations shall be guilty of an offence.

• (3) The books, records and other documents referred to in paragraph (1) 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 or her 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 or she may require to be done in relation to, or to be allowed to be done by, himself or herself.

• (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) includes information about any such method or programme or use referred to in paragraph (3).

FUNCTIONS PERFORMED BY AUTHORISED OFFICERS

57.

POWERS OF THE MINISTER - EXCEPTIONAL CIRCUMSTANCES

58.

OFFENCES

59.

• (2) A person who is guilty of an offence under Regulations 16(3) and 50 shall be liable on summary conviction to a fine not exceeding £1,500, or to imprisonment for a term not exceeding 6 months or to both.

• (3) A person who is guilty of an offence under Regulations 23(8), 24(8) and 52(3) shall be liable on summary conviction to a fine not exceeding £1,500.

• (4) A person who is guilty of an offence under Regulations 19(4), 21(6), 22(3) and 38(10) shall be liable on summary conviction to a fine not exceeding £500.

• (5) An offence under these Regulations may be prosecuted by the Minister.

OFFENCES BY CORPORATE BODIES

60.

TRANSITIONAL MEASURES AND REVOCATION OF THE EUROPEAN COMMUNITIES (MILK QUOTA) REGULATIONS, 1995

61.

• (2) The Regulations of 1995 shall continue to apply to cows milk produced on or before 31 March 2000, and the imposition of any levy thereon.

• (3) The Regulations of 1995 shall continue to apply to any applications made to the Minister and received by him or her immediately before the commencement of these Regulations.

GIVEN under my Official Seal, this 30^th day of March, 2000.

---

JOE WALSH,

MINISTER FOR AGRICULTURE, FOOD AND RURAL DEVELOPMENT

*FIRST SCHEDULE*

DEPARTMENT OF AGRICULTURE, FOOD AND RURAL DEVELOPMENT EUROPEAN COMMUNITIES (MILK QUOTA) REGULATIONS, 2000

*CERTIFICATE OF ENTITLEMENT TO TRANSFER MILK QUOTA*

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

Name: ____________

Address: __________

---

for a Certificate of Entitlement to Transfer Milk Quota under Regulation 7 of the European Communities (Milk Quota) Regulations, 2000, the Minister for Agriculture, Food and Rural Development hereby certifies that ___ litres (____ gallons) of milk quota, attached to all/part of the holding (delete as appropriate) containing ___ hectares situated at _________

---

(Folio No. ___ County ___), and coloured yellow on the map attached to the said application, may be transferred with such lands to

---

(name and address of beneficiary in cases where lands are being transferred by way of gift or inheritance) provided the proposed transfer referred to in the said application is made within six months of the date of this Certificate.

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

Signed: _______ (Authorised Officer).

Dated: __ (day) __ (month) __(year).

	STAMP
CERTIFICATE NO:

*SECOND SCHEDULE*

EUROPEAN COMMUNITIES (MILK QUOTA) REGULATIONS, 2000

APPLICATION FORM UNDER REGULATION 7 OF THE ABOVE REGULATIONS FOR A CERTIFICATE OF ENTITLEMENT TO TRANSFER MILK QUOTA

THIS APPLICATION MUST BE SUBMITTED TO THE DEPARTMENT OF AGRICULTURE, FOOD AND RURAL DEVELOPMENT (MILK POLICY DIVISION) BEFORE THE DATE OF THE PROPOSED TRANSFER OR VESTING	THIS APPLICATION MUST BE SUBMITTED TO THE DEPARTMENT OF AGRICULTURE, FOOD AND RURAL DEVELOPMENT (MILK POLICY DIVISION) BEFORE THE DATE OF THE PROPOSED TRANSFER OR VESTING

PART A FOR COMPLETION BY TRANSFEROR

I/We _______________

(Name(s) of Applicant(s) in BLOCK CAPITALS)

Address: ___________

---

being (delete as appropriate)/the legal personal representative(s) of ________ (Deceased) late of __________ /owner of a holding containing in all _____ hectares and situated in the townlands of __________, (Folio Number(s) ___ County _________)

hereby apply for a Certificate of Entitlement to Transfer Milk Quota

which will enable me to transfer a milk quota of ___ litres (_ gallons) with (✓ as appropriate)

		all of the holding described above OR
		that part of the holding containing _____ hectares situated in
		the townland(s) of _______ (Folio No. ___, County ___) coloured yellow on the attached map.

SECOND SCHEDULE: PAGE 2

I/We declare that the lands which are to be transferred are or have been owned by (delete as appropriate) me/us the deceased in freehold, or under a lesser assurance where at least 50 years of the term still remains and have been so owned since a date previous to 13 October 1999 (delete as appropriate)

			by me/us
		or
			by the deceased
		or
			by the following person(s) from whom I/we have since acquired them by way of inheritance or gift:
		or
			by the following person(s) from whom the deceased has since so acquired them:

Name(s): ______________

Address: ______________

Signature(s) of Applicant(s): ____________

Status of Applicant: _____________

Date: _________

SECOND SCHEDULE: PAGE 3

• (i) Name of Quota holder: ___________

• (ii) Supplier Number: __________

• (iii) Permanent milk quota: ___ (litres) ______ (gallons)

• (iv) Quota purchased under a Milk Quota Restructuring Scheme after 31 March, 2000 ___ (litres) ___ (gallons)

• (v) Quantity of milk recorded against the milk quota during each of the three milk quota years prior to the quota year in which the application is made:

MILK QUOTA YEAR	QUANTITY DELIVERED
_____	_____ litres
_____	_____ litres
_____	_____ litres

• (vi) Date of last delivery recorded against the quota _________

Signed on behalf of ______, Milk Purchaser

Signature ______ Date: _____

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

• (a) a copy of the Land Registry folio(s) or, in the case of unregistered lands, of some other documentary evidence of title;

• (b) in the case of a gift, a draft of the relevant Deed; and in the case of inheritance, Probate of the Will, or Letters of Administration; and

• (c) a map or maps of the existing holding clearly indicating:

• (i) the entire of the holding outlined in red;

• (ii) the area of land to which the milk quota is attached outlined in blue;

• (iii) the area to be transferred coloured yellow.

*THIRD SCHEDULE*

EUROPEAN COMMUNITIES (MILK QUOTA) REGULATIONS, 2000

*NOTICE OF PURCHASE OF LEASED QUOTA BY LESSEE*

This notice should be sent in accordance with Regulation 17 by the purchaser (otherwise the transferee) of the leased quota to - (a) his or her Milk Purchaser, and (b) where the vendor's (otherwise the transferor) quota attached to a Milk Purchaser other than that of the transferee, to the transferor's Milk Purchaser within two months of the date of purchase of the leased quota. The notice should be accompanied by a copy of the expired or terminated lease agreement and a map of the lands comprised in that lease agreement, and where relevant a copy of the termination agreement. In the case of a direct sales quota this notice together with the other relevant documentation should be sent to the Department of Agriculture, Food and Rural Development (Milk Policy Division) within two months of the date of purchase of the leased quota. Where the transferee's Milk Purchaser is different to that of the transferor, and the transferee wishes to have the purchased quota permanently transferred to his or her own Milk Purchaser, he or she should make an application under Regulation 38(11) to the Department of Agriculture, Food and Rural Development (Milk Policy Division).

This notice should be sent in accordance with Regulation 17 by the purchaser (otherwise the transferee) of the leased quota to - (a) his or her Milk Purchaser, and (b) where the vendor's (otherwise the transferor) quota attached to a Milk Purchaser other than that of the transferee, to the transferor's Milk Purchaser within two months of the date of purchase of the leased quota. The notice should be accompanied by a copy of the expired or terminated lease agreement and a map of the lands comprised in that lease agreement, and where relevant a copy of the termination agreement. In the case of a direct sales quota this notice together with the other relevant documentation should be sent to the Department of Agriculture, Food and Rural Development (Milk Policy Division) within two months of the date of purchase of the leased quota. Where the transferee's Milk Purchaser is different to that of the transferor, and the transferee wishes to have the purchased quota permanently transferred to his or her own Milk Purchaser, he or she should make an application under Regulation 38(11) to the Department of Agriculture, Food and Rural Development (Milk Policy Division).

*FOR COMPLETION BY TRANSFEREE*

I/We ________________

(Name of Transferee in BLOCK CAPITALS)

Address: ____________

______________,

hereby notify the milk purchaser named below:

Name of Milk Purchaser: ___________

Address: ____________

---

THIRD SCHEDULE: PAGE 2

of the transfer to me/us by:-

Name of Transferor: _________

(BLOCK CAPITALS)

Address: ____________

---

with effect from ___ (day) ___ (month) _______ (year)

of a milk quota of ____ litres (____ gallons).

*DECLARATION*

We, the transferor and transferee hereby declare that the sale of the above quota is made pursuant to and in compliance with Regulation 9.

Signature of		Signature of
Transferor:	________	Transferee:	_________
Date:	________	Date:	_________
______________	______________	______________	______________

*FOURTH SCHEDULE*

EUROPEAN COMMUNITIES (MILK QUOTA) REGULATIONS, 2000

*DELIVERY MILK QUOTA TRANSFER FORM*

---

This form should be completed and signed by both the transferor and the transferee 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 17 of the European Communities (Milk Quota) Regulations, 2000.

---

*FOR COMPLETION BY TRANSFEREE*

I/We _____________

(Name of Transferee in BLOCK CAPITALS)

Address: _______________

___________,

hereby notify the milk purchaser named below:

Name of Milk Purchaser: ________

Address: _______________

---

of the transfer to me/us by:-

Name of Transferor: ____________

(BLOCK CAPITALS)

Address: _______________

---

with effect from __ (day) __ (month) __ (year)

FOURTH SCHEDULE: PAGE 2

pursuant to the provisions of Regulation _____ of a milk quota of ____ litres (___ gallons) by way of (tick ✓, as appropriate)

		purchase		lease		inheritance		gift

of land to which milk quota is attached by reference to Regulation 4, being the lands outlined in red on the attached map, containing ________ hectares and situated in the townland(s) of

---

(Folio No. ____ County ______)

Signature(s) of Transferee(s): ________

Date: __________

*FOR COMPLETION BY TRANSFEROR*

I/We ________________

(Name of Transferor in BLOCK CAPITALS)

hereby acknowledge that the statements made above relating to the transfer of land and milk quota are correct.

Signature of Transferor: ________

Date: _____

*FIFTH SCHEDULE*

EUROPEAN COMMUNITIES (MILK QUOTA) REGULATIONS, 2000

*DIRECT SALES MILK QUOTA TRANSFER FORM*

---

This form should be completed and signed by both the transferor and the transferee and sent to the Department of Agriculture, Food and Rural Development (Milk Policy Division) within two months of the date of transfer together with a copy of the instrument of transfer in accordance with the provisions of Regulation 17 of the European Communities (Milk Quota) Regulations, 2000.

---

*FOR COMPLETION BY TRANSFEREE*

I/We ___________

(Name of Transferee in BLOCK CAPITALS)

Address: _____________

_______________,

hereby notify the Minister for Agriculture, Food and Rural Development of the transfer on the __ (day) __ (month) __ (year) to me/us by:

Name of Transferor: __________

(BLOCK CAPITALS)

Address: _____________

---

with effect from __ (day) __ (month) __ (year)

FIFTH SCHEDULE: PAGE 2

pursuant to the provisions of Regulation _____ of a milk quota of ____ litres (___ gallons) by way of (tick ✓, as appropriate)

		purchase		lease		inheritance		gift

of land to which milk quota is attached by reference to Regulation 4, being the lands outlined in red on the attached map, containing __________ hectares and situated in the townland(s) of

---

(Folio No. ____ County ____)

Signature(s) of Transferee(s): ____________

Date: ________

*FOR COMPLETION BY TRANSFEROR*

I/We ________________

(Name of Transferor in BLOCK CAPITALS)

hereby acknowledge that the statements made above relating to the transfer of land and milk quota are correct.

Signature of Transferor: ________