The Dairy Produce Quotas (Amendment) (No. 2) Regulations 1990

Made: 19th March 1990

Laid before Parliament: 20th March 1990

Coming into force: 21st March 1990

The Minister of Agriculture, Fisheries and Food and the Secretary of State, being Ministers designated[^f00001] for the purposes of section 2(2) of the European Communities Act 1972[^f00002] in relation to the common agricultural policy of the European Economic Community, acting jointly in exercise of the powers conferred on them by that section and of all other powers enabling them in that behalf, hereby make the following Regulations:–

Title and commencement

1

These Regulations may be cited as the Dairy Produce Quotas (Amendment) (No. 2) Regulations 1990 and shall come into force on 21st March 1990.

Interpretation

2

In these Regulations “the principal Regulations” means the Dairy Produce Quotas Regulations 1989[^f00003].

Amendment of the principal Regulations

3

The principal Regulations shall be amended in accordance with the following provisions of these Regulations.

Definitions

4

In regulation 2(1) of the principal Regulations–

• (a) after the definition of “agricultural area” there shall be inserted the definition:

• “appropriate date” means for the purposes of Schedule 9B 1st April 1989, or, in the case of a producer to whom special quota was allocated as wholesale quota, the date of such allocation;

• (b) after the definition of “Council Regulation 804/68” there shall be inserted the definition:

• “Council Regulation 856/84” means Council Regulation (EEC) No. 856/84[^f00004] amending Council Regulation 804/68 on the common organization of the market in milk and milk products;

• (c) after the definition “Council Regulation 857/84” there shall be inserted the definition:

• “Council Regulation 1335/86” means Council Regulation (EEC) No. 1335/86[^f00005] amending Council Regulation 804/68;

• (d) after the definition of “Council Regulation 775/87” there shall be inserted the definition:

• “Council Regulation 3880/89” means Council Regulation (EEC) No. 3880/89[^f00006] amending Council Regulation 857/84;

• (e) in the definition of “eligible heifer” the word “which” in the second place it occurs shall be omitted, and there shall be added at the end of that definition the following:

or which at the date of making of the order referred to in regulation 16(2)(c), was on land designated by the order and calves for the first time on a day when the order is in force

• (f) at the end of the definition of “qualifying day” there shall be added the following:

or during which the order referred to in regulation 16(2)(c) is in force

• (g) for the definition of “replacement number” there shall be substituted the definition:

• “replacement number” means the nearest integer to 22 per cent of the total number of dairy cows on the land subject to the notice referred to in regulation 16(2)(b), or designated by the order referred to in regulation 16(2)(c), as at the date of service of the notice or (as the case may be) the coming into force of the order, and where 22 per cent of the total number is halfway between two integers the nearest even integer shall be deemed to be the nearest integer;

• (h) after the definition of “special quota” there shall be inserted the following definitions:

• “subsequent permanent cuts in quota” means any reduction in quota applied in pursuance of Council Regulation 856/84 and Council Regulation 1335/86;
• “suspended quota” means quota which is the subject of a compensation payment under Article 2 of Council Regulation 775/87;

• (i) after the definition of “wholesale development award” there shall be inserted the definition:

• “wholesale development quota” means wholesale quota allocated pursu ant to paragraph 12(5) or paragraph 17A(2) of Schedule 2 to the 1984 Regulations, read with Council Regulation 856/84 and Council Regulation 1335/86; paragraph 2 of Schedule 9, paragraph 2 of Schedule 10 or paragraph 2 of Schedule 13 to the 1986 Regulations, read with Council Regulation 1335/86; or paragraph 5 of Schedule 9 to the principal Regulations;

Temporary reallocation of quota

5

In regulation 16 of the principal Regulations–

• (a) after paragraph (2)(b) there shall be inserted the following provision–

(c) a producer who has quota registered as his in relation to a holding which is situated wholly or partly within an area which at any time during that quota year has been designated by an emergency order under section 1 and section 24(1) and (3) of the Food and Environment Protection Act 1985[^f00007]

• (b) in paragraph (5)–

• (i) after “paragraph 2(b)” there shall be added “or (c)”,

• (ii) after “notice” there shall be inserted “or (as the case may be) the order”, and

• (iii) for “that paragraph” there shall be substituted “paragraph 2(b) or the order referred to in paragraph 2(c)”;

• (c) in paragraph (6), after “paragraph 2(b)” there shall be added “or the order referred to in paragraph 2(c)”;

• (d) at the end of paragraph (7)(b), there shall be inserted “or (as the case may be) before the coming into force of the order to which paragraph (2)(c) above refers”;

• (e) in paragraph (8), after “applies” there shall be added “and then priority to the producers referred to in paragraph (2)(b) above before making any award to the producers to whom paragraph (2)(c) above applies.”.

Supplementary development provision

6

After regulation 20 of the principal Regulations there shall be inserted the following regulations–

(20A) The Minister shall award quota, allocated to the United Kingdom as a reference quantity pursuant to Council Regulation 3880/89, to producers in accordance with Schedule 8A. (20B) The Minister shall award quota, allocated to the United Kingdom as a reference quantity pursuant to Council Regulation 3880/89, to producers in accordance with Schedule 8B.

Northern Ireland exceptional hardship provision

7

For regulation 21 of the principal Regulations the following regulation shall be substituted–

(21) The Minister shall award quota, allocated to the United Kingdom as a reference quantity pursuant to Council Regulation 3880/89, to producers in accordance with Schedule 9.

Family-type holding provision and remote areas provision

8

After regulation 21 of the principal Regulations the following regulations shall be inserted–

(21A) The Minister shall award quota, allocated to the United Kingdom as a reference quantity pursuant to Council Regulation 3880/89, to producers in accordance with Schedule 9A. (21B) The Minister shall award quota, allocated to the United Kingdom as a reference quantity pursuant to Council Regulation 3880/89, to producers in accordance with Schedule 9B.

Amendment of Schedules

9

• (1) After Schedule 8 to the principal Regulations the provisions of Schedule 1 to these Regulations shall be inserted.

• (2) The Schedule set out in Schedule 2 to these Regulations shall be substituted for Schedule 9 to the principal Regulations.

• (3) After Schedule 9 to the principal Regulations the provisions of Schedule 3 to these Regulations shall be inserted.

SCHEDULE 1

SCHEDULE 2

SCHEDULE 3

Signed

In Witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on 19th March 1990.

John Selwyn Gummer — Minister of Agriculture, Fisheries and Food

Sanderson of Bowden — Minister of State, Scottish Office — 19th March 1990

Explanatory note

(This note is not part of the Regulations)

These Regulations further amend the Dairy Produce Quotas Regulations 1989 (“the principal Regulations”). The Regulations provide for the detailed implementation in the United Kingdom of Council Regulation (EEC) No. 3880/89 which allows Member States, with the approval of the European Commission, to grant additional quota to (inter alia) certain existing categories of producer.

The main amendments to the principal Regulations are as follows–

• (a) varying amounts of wholesale quota are to be allocated to producers with wholesale quota, who were in receipt of a development award which was not allocated in full, and who made deliveries of milk between 1st April 1989 and 28th February 1990, so that all such producers in the UK will have their development awards made up to the same percentage of the amount originally awarded by the Dairy Produce Quota Tribunal (regulations 6 and 9);

• (b) wholesale quota is to be allocated to producers in Scotland and Northern Ireland with less than 200,000 litres of quota in total at 1st April 1985 (for producers in Scotland) or 13th March 1986 (for producers in Northern Ireland), who were in receipt of a development award which was not allocated in full, and who made deliveries of milk between 1st April 1989 and 28th February 1990. The allocation will put those producers in the same position which they would have been in had their original Tribunal award been allocated in full, which is already the case in relation to producers in England and Wales. No one will receive an amount of quota which would take his total (calculated at the relevant date referred to above) to more than 200,000 litres (regulations 6 and 9);

• (c) wholesale quota is to be allocated to producers in Northern Ireland with wholesale quota who received an exceptional hardship award, which was not allocated in full, and who made deliveries of milk between 1st April 1989 and 28th February 1990, so that their exceptional hardship awards are made up in full. This provision only affects producers in Northern Ireland and brings their position into line with that which already exists in England, Wales and Scotland (regulations 7 and 9);

• (d) special conditions will apply to producers who have inherited development quota or exceptional hardship quota or had it given to them;

• (e) wholesale quota is to be allocated to producers who made deliveries of milk between 1st April 1989 and 28th February 1990 and who occupy holdings with less than 200,000, but more than 20,000 litres of quota, so that all will have their wholesale quota increased by the same percentage, except that no one will receive an amount of quota which would increase his total above 200,000 litres (regulations 8 and 9);

• (f) wholesale quota is to be allocated to producers in certain remote areas of Scotland, and on the Isles of Scilly, who hold wholesale quota, so that all will have their wholesale quota increased by the same percentage (regulations 8 and 9).

In addition to the amendments consequent upon Council Regulation (EEC) No. 3880/89, provision is made by the Regulations to enable the temporary reallocation of unused quota to producers whose holdings are situated wholly or partly in an area designated by an emergency order under sections 1 and 24(1) and (3) of the Food and Environment Protection Act 1985 (regulation 5).

Footnotes

[^f00001]: S.I. 1972/1811.

[^f00002]: 1972 c. 68.

[^f00003]: S.I. 1989/380, amended by S.I. 1990/132.

[^f00004]: OJ No. L90, 1.4.84, p. 10.

[^f00005]: OJ No. L119, 8.5.86, p. 19.

[^f00006]: OJ No. L378, 27.12.89, p. 3.

[^f00007]: 1985 c. 48.

[^f00008]: 1986 c. 5.