I, IVAN YATES, Minister for Agriculture, Food and Forestry, 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 28th day of December, 1992, Council Regulation (EEC) No. 2055/93² of the 19th day of July 1993, Commission Regulation (EEC) No. 536/93 of the 9th day of March, 1993³ and Commission Regulation (EEC) No. 2562/93⁴ of the 17th day of September, 1993 hereby make the following Regulations:

Short Title and Commencement.

1. (1) These Regulations may be cited as the European Communities (Milk Quota) Regulations, 1995.

(2) These Regulations shall come into operation on the 4th day of October, 1995.

Interpretation.

2. (1) In these Regulations--

"authorised officer" means an officer of the Minister appointed in writing by the Minister to be an authorised officer for the purposes of these Regulations;

"company" means a company within the meaning of the Companies Acts, 1963 to 1990 and "companies" shall be construed accordingly;

"Council Regulation No. 3950/92" means Council Regulation (EEC) No. 3950/92 of the 28th day of December, 1992, as amended or extended, from time to time;

"Council Regulation No. 2055/93" means Council Regulation (EEC) No. 2055/93 of the 19th day of July, 1993, as amended or extended from time to time;

¹O.J. No. L 405 31.12.92, p. 1.

²O.J. No. L187 19.7.93, p. 8.

³O.J. No. L57 10.3.93, p.12.

⁴O.J. No. L235 18.9.93, p.18.

"Commission Regulation No. 536/93" means Commission Regulation (EEC) No. 536/93 of the 9th day of March, 1993, as amended or extended from time to time;

"Commission Regulation No. 2562/93" means Commission Regulation (EEC) No 2562/93 of the 17th day of September, 1993 as amended or extended from time to time;

"the Council and the Commission Regulations" means the said Regulations;

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

"direct sales quota" means the quantity of milk or 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 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, or

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

( 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;

"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 of Council Directive 9¼66/EEC of 22 July 1991, as amended or extended from time to time;

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

"milk quota year" means a twelve 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, both a delivery and a direct sales quota;

"the Minister" means the Minister for Agriculture, Food and Forestry;

"public authority" means --

( a ) a Minister of the Government,

( b ) the Commissioners of Public Works in Ireland,

( c ) a local authority for the purposes of the Local Government Act, 1941 ,

( d ) a harbour authority within the meaning of the Harbours Act, 1946 ,

( e ) a health board established under the Health Act, 1970 ,

( f ) a vocational education committee within the meaning of the Vocational Education Act, 1930 ,

( g ) a board or other body established by or under statute,

( h ) a company in which all the shares are held by, or on behalf of, or by directors appointed by, a Minister of the Government,

( i ) a company in which all the shares are held by a board, a company, or other body referred to in paragraph (g) or (h) of this definition;

"purchaser's milk quota" means the milk quota of a purchaser established, from time to time, under these Regulations, the Council Regulations and the Commission Regulations;

"registered group of purchasers" means two or more purchasers registered as a group under Regulation 17 of these Regulations;

"registered joint purchaser" means two or more bodies registered as a joint purchaser under Regulation 17 of these Regulations;

"registered sole purchaser" means a purchaser registered as a sole purchaser under Regulation 17 of these Regulations;

"restricted quota" means a milk quota attached to lands situated in the less favoured areas;

"the register" has the meaning assigned to it by Regulation 17 of these Regulations and cognate words shall be construed accordingly;

"SLOM II Quota" means a special milk quota referred to in Article 4 (3) of Council Regulation No. 3950/92;

"SLOM III Quota" means a special milk quota referred to in Council Regulation No. 2055/93;

"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 the Council and the Commission Regulations 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) Any reference in these Regulations to a transfer by sale, lease or inheritance shall include a reference to other transfers having a comparable legal effect for producers.

(4) In these Regulations a reference to a lease does not include a reference to a licence.

(5) A reference to a transfer of a holding or part thereof in Regulations 4, 5, 6, 7, 8 and 9 of these Regulations means a reference to such a transfer under which the right to operate the holding or part thereof is transferred.

(6) 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.

(7) A reference to a purchaser in Regulation 6, 12, 24 (2), 24 (3), 25, 27, 28, 29, 31, 32, 33 or 35 of these Regulations means a reference to a sole purchaser or an individual purchaser.

(8) A reference to a purchaser in Regulation 10, 13, 14, 30 or 39 of these Regulations means a reference to a sole purchaser, a registered group of purchasers or a registered joint purchaser.

(9) For the purposes of the definition of "joint purchaser" in paragraph (1) of this Regulation 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, for the purposes of that 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.

Competent Authority.

3. The Minister shall be the competent authority for the purposes of the Council and the Commission Regulations.

Transfers of Land and Milk Quota.

4. (1) Subject to the provisions of paragraphs (4), (5), (6), (7), (8), (9) AND (19) of this Regulation, where any holding, or part thereof is transferred by sale, lease, or inheritance the milk quota attached to that holding or part thereof shall be transferred by virtue of this Regulation to the producer to whom that transfer is made:

Provided that the requirements of Regulation 6 of these Regulations are complied with.

(2) In this Regulation "land used for milk production" means any area used for the purpose of maintaining a milk production enterprise, including land used as pasture for cows producing milk and replacement heifers and land used for forage production for feeding to a dairy herd.

(3) For the purposes of this Regulation and Regulations 5, 6, 7 and 8 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 7 or 8 of these Regulations, in which the amount of milk production 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 these Regulations, and

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

(4) Notwithstanding paragraph (3) of this Regulation, in the case of a sale of land to which a milk quota is attached, the milk quota so acquired shall remain attached to such land for the purposes of this Regulation and Regulations 5, 6, 7 and 8 of these Regulations until the 31st day of March, 2000 where that sale takes place after the 31st day of March, 1994.

(5) Paragraph (3) of this Regulation shall not apply to cases to which paragraph (6) of this Regulation applies.

(6) This Regulation shall not apply to either--

( a ) a licence to occupy land, or

( b ) a lease for a period of less than twelve months.

(7) ( a ) Subject to Regulation 9 of these Regulations, where a lease of any land to which a milk quota attaches expires that milk quota shall be transferred to the lessor of such land on that expiry.

( b ) Where a lease of any land to which a milk quota attaches expires 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 for the remainder of the milk quota year in question shall be an amount of milk quota calculated in accordance with procedures to be determined by the Minister.

( c ) The procedures for a determination under subparagraph (b) of this paragraph shall be set out in a notice to be published in a National newspaper as soon as may be after they are established.

(8) Notwithstanding paragraph (1) of this Regulation, where a producer who holds a SLOM II quota sold or leased all of his holding before the 30th day of June, 1994, then that SLOM II quota shall by virtue of this Regulation be added to the national reserve. If part of the holding was sold or leased before the 30th day of June, 1994, then, a proportion of that SLOM II quota shall be so added to the national reserve and the proportion to be so added shall be in the same proportion to the total SLOM II quota as the part of the holding sold or leased is to the total holding.

(9) Notwithstanding paragraph (1) of this Regulation, where a producer who holds a SLOM III quota sells or leases all of his holding before the 1st day of October, 1996, then that SLOM III quota shall by virtue of this Regulation be added to the national reserve. If part of the holding is sold or leased before the 1st day of October, 1996, then a proportion of that SLOM III quota shall be so added to the national reserve and the proportion to be so added shall be in the same proportion to the total SLOM III quota as the part of the holding sold or leased is to the total holding.

(10) 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.

(11) A person who makes a transfer referred to in paragraph (1) of this Regulation and who purports to retain an entitlement to the milk quota shall be guilty of an offence.

(12) A person to whom a transfer referred to in paragraph (1) of this Regulation is made and who purports to allow the transferor to retain an entitlement to the milk quota shall be guilty of an offence.

(13) In a case where there was no year in which the amount of milk production referred to in paragraph (3) of this Regulation was achieved then for the purposes of this Regulation and Regulations 5, 6, 7 and 8 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 (14) of this Regulation.

(14) On an application in writing being made to him for a certificate under this paragraph the Minister may certify that the quota in question shall be attached to such land as the Minister may think proper having regard to any land used for milk production in any period prior to the milk quota year in which the application is made which the Minister thinks proper to take account of.

(15) Where the amount of milk production referred to in paragraph (3) of this Regulation was achieved entirely or partly on land held by the producer under a lease or licence or other limited interest then, for the purposes of this Regulation and Regulations 5, 6, 7 and 8 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 (16) of this Regulation.

(16) On an application in writing being made to him for a certificate under this paragraph the Minister may certify that the quota in question shall be attached to such land as the Minister may think proper having regard to any land used for milk production in any period prior to the milk quota year in which the application is made which the Minister thinks proper to take account of.

(17) Subject to paragraph (7) of this Regulation, the Minister may, under paragraph (16) of this Regulation, certify that milk quota shall be attached to land purchased or inherited at any time before the application for that certificate is made.

(18) When the amount of milk production referred to in paragraph (3) of this Regulation relates to milk quota established entirely or partly on land held by the producer under a lease or licence or other limited interest, then, for the purposes of this Regulation and Regulation 9 of these Regulations, quota shall be deemed to be attached to that land where a declaration has not been given by the Minister under paragraph (1) of Regulation 9 of these Regulations.

(19) 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.

(20) A determination under paragraph (19) of this Regulation shall be made by way of a notice containing such determination published in a National newspaper.

Restricted Quota in Less Favoured Areas.

5. (1) In the case of the transfer in accordance with Regulation 4 (1) of these Regulations, by way of sale, lease or inheritance, of any holding or part thereof situated in the less-favoured areas, the only milk which may be recorded against the milk quota attached to that holding or part thereof which is transferred shall be milk produced from a dairy herd permanently maintained on the transferred land, or on other lands operated by the transferee or on both such lands which are situated so that the distance between--

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

(3) Paragraph (1) of this Regulation shall not apply to any transfer of land by way of a renewal of a lease of any land where that lease had not expired at the time of the commencement of these Regulations:

Provided that the person entitled to the lessee's interest at the expiry of the lease being renewed is either

( a ) the original lessee, or,

( b ) a person who has become entitled to the lessee's interest by way of inheritance;

and that person becomes entitled to that interest on that renewal.

Recording of Milk Quota Transfers.

6. (1) Where there is a transfer by means of a sale, lease or inheritance to which Regulation 4(1) applies, the producer to whom the transfer is made shall, within two months of the date of transfer, give the documents referred to in paragraph (2) of this Regulation--

( 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) of this Regulation the documents are--

( a ) in the case of a delivery quota, the form set out in the First Schedule to these Regulations and referred to in these Regulations as the "Delivery Milk Quota Transfer Form" which shall be signed by the transferor and the transferee,

( b ) in the case of a direct sales quota, the form set out in the Second Schedule to these Regulations and referred to in these Regulations as the "Direct Sales Milk Quota Transfer Form" which shall be signed by the transferor and the transferee, and

( c ) in the case of both a delivery and a direct sales quota, a copy of the instrument of transfer together with a map showing the land transferred.

(3) Where paragraph (1) of this Regulation is complied with, the amount of the milk quota in question which, subject to paragraph (4) of this Regulation, on the date of the transfer of the holding or part thereof referred to in Regulation 4 (1) of these Regulations, 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) of this Regulation 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 inheritance, 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 31st December in that milk quota year and the documents referred to in paragraph (2) of this Regulation are given to the appropriate person before 31st December.

(5) Where a milk quota is transferred to a lessor as a result of the expiry of a lease, 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 (11) of this Regulation shall be kept until the 31st day of March, 2001, by the registered purchaser or the Minister as appropriate.

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

(8) Where paragraph (1) of this Regulation is not complied with the transferee may apply to the Minister in writing for a declaration under paragraph (10) of this Regulation.

(9) Where an application is made under paragraph (8) of this Regulation the Minister may seek such information from the applicant as may be necessary to enable him to make his decision.

(10) Subject to paragraph (12) of this Regulation, the Minister may make a declaration, on an application being made to him under paragraph (8) of this Regulation, that the milk quota in question is to be transferred to the transferee 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) of this Regulation the applicant shall notify the purchaser to whom the quota in question is attached and shall provide him with such documents as the Minister may specify.

(12) A declaration may not be made by the Minister under paragraph (10) of this Regulation unless the transfer takes place before 31st December in the milk quota year in question and the documents referred to in paragraph (2) of this Regulation have been given to the appropriate person before 31st December.

Relocation of Milk Quota upon transfer of Lands to a Public Authority or for use in the public interest or for Non-agricultural purposes.

7. (1) Where a producer who is entitled to a milk quota wishes to transfer his holding or part thereof to which that quota is attached to a public authority or for use in the public interest or for non agricultural purposes or where a public authority possessing compulsory purchase powers has given formal notice of intention to exercise those powers in respect of such a holding, or part thereof, and the producer intends to carry on milk production, he may apply to the Minister in the form set out in the Third Schedule to these Regulations for--

( a ) a certificate of retention of milk quota (in the form set out in the Fourth Schedule to these Regulations and referred to in these Regulations as a "Number 1 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, or

( b ) a certificate (in the form set out in the Fifth Schedule to these Regulations and referred to in these Regulations as a "Number I Certificate of Transfer of Milk Quota") certifying that such milk quota shall, in the event of such transfer be attached to lands to be purchased or leased or inherited by the transferor within one year and three months of the date of the certificate: Provided that the proposed transfer referred to in the application under this paragraph is made within three months of the date of that certificate, or

( c ) a Number 1 Certificate of Retention and a Number 1 Certificate of Transfer in respect of different parts of such quota.

(2) On receipt of an application under paragraph (1) of this Regulation, the Minister may grant a certificate or certificates referred to in paragraph (1) of this Regulation provided that each of the following requirements is satisfied:

( a ) the applicant submits to the Minister an application in the form set out in the Third Schedule to these Regulations before the date of the proposed transfer and supplies such information as the Minister may request,

( b ) the applicant gives a written undertaking that he intends to continue in milk production, and the Minister is of the opinion that such intention is bona fide,

( c ) the proposed transferee gives written consent to the application and is a public authority or satisfies the Minister that the proposed transfer is for a non-agricultural purpose or for use in the public interest and provides such information as the Minister may request,

( d ) the applicant provides the Minister with a draft of the proposed instrument of transfer and a map showing the entire of his holding outlining that area of the holding, whether all or part, which it is proposed to transfer,

( e ) where the applicant seeks a Number 1 Certificate of Retention, the Minister is satisfied that the milk quota is capable of being produced on the remainder specified in that application of his holding together with any other milk quota already attached to that remainder,

( f ) such remainder of his holding, if it is held under a lease, is held under a lease for three years or more,

( g ) the holding or part thereof to be so transferred shall be owned in fee simple by the applicant and, except 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, or part thereof, shall have been so owned before the 1st day of April, 1994, by the applicant or by a person from whom the applicant acquired such a holding or part thereof, by way of inheritance,

( h ) where the applicant seeks a Number I Certificate of Retention of Milk Quota in respect of restricted quota, the Certificate of Retention will not be granted unless the distance between

(i) any part of the boundary of the part of the lands to which the restricted 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 restricted quota is 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 forty-eight kilometres.

( i ) sub-paragraph (h) 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 restricted milk quota is attached,

( j ) the proposed transfer of the fee simple of the applicant shall not be subject to any other estate or interest unless approved of by the Minister, and

( k ) where the applicant seeks a Number I Certificate of Transfer of Milk Quota the application shall be executed in accordance with the rules for the execution of a will set out in section 78 of the Succession Act, 1965 .

(3) Where a Number 1 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 three months of the date of that certificate.

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

(5) A person who fails to comply with paragraph (4) of this Regulation shall be guilty of an offence.

(6) On receipt of an application in the form set out in the Sixth Schedule to these Regulations, the Minister may grant a certificate (referred to in these Regulations as a "Number 1 Certificate of Attachment of Milk Quota") in the form set out in the Seventh Schedule to these Regulations provided that the applicant--

( a ) has a Number I Certificate of Transfer 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 three years or more or purchases lands or inherits lands within one year and three months of the date of the Number I Certificate of Transfer of Milk Quota: Provided that the transfer referred to in that certificate is made within three months of the date of that certificate;

( c ) submits the application in the form set out in the Sixth Schedule to these Regulations within two months of the lease or purchase or inheritance referred to in subparagraph (b) of this paragraph;

( d ) in the case of restricted quota, subject to the exceptions referred to at sub-paragraphs (e) and (f) of this paragraph, takes a lease of land for a period of three years or more or purchases lands or inherits lands within one year and three months of the date of the Number I Certificate of Transfer of Milk Quota provided that the distance between--

(i) any part of the boundary of the part of the lands to which the restricted 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 restricted quota was attached where those lands do not comprise of contiguous lands, and

does not exceed forty-eight kilometres;

( e ) sub-paragraph (d) of this paragraph 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 restricted quota is attached;

( f ) sub-paragraph (d) shall not apply where the applicant seeking a Number I Certificate of Attachment of Milk Quota is transferring his entire holding where the holding to be so transferred is owned in fee simple, by the applicant or by the person from whom the applicant acquired such holding by way of inheritance, for a period of three years before the date of coming into operation of these Regulations;

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

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

( i ) submits to the Minister a copy of each of the instruments of transfer or of the instrument of transfer and of the contract, as the case may be, and of the map, referred to in the Sixth Schedule to these Regulations; and

( j ) supplies such information as the Minister may request.

(7) Where a Number I Certificate of Transfer of Milk Quota is granted, the grantee of the certificate, or, in the circumstances referred to in paragraph (13) of this Regulation, the person designated by him, shall remain entitled to the relevant milk quota for a period of one year and three months from the date of that certificate provided the transfer referred to in that certificate is made within three months of the date of that certificate, and shall remain so entitled after that period where the Minister has granted a Number I Certificate of Attachment of Milk Quota during that period.

(8) The Minister may grant a Number 1 Certificate of Retention of Milk Quota or a Number 1 Certificate of Attachment of Milk Quota for part only of the milk quota where he is not satisfied that the lands in question are capable of producing the entire of the milk quota.

(9) Where a Number 1 Certificate of Transfer of Milk Quota has been granted and where no Number 1 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 three months specified in paragraph (7) of this Regulation, then all or that part of that milk quota, as the case may be, shall be added to the national reserve.

(10) A Number 1 Certificate of Retention of Milk Quota or a Number 1 Certificate of Transfer of Milk Quota shall have effect only where the transfer referred to in such certificate is made within three months of the date of that certificate.

(11) Notwithstanding paragraph (10) of this Regulation, the Minister may, on an application being made in writing for that purpose to him during the period referred to in paragraph (10) of this Regulation or within two months following the end of that period, by the person to whom it was granted, extend the validity of a Number I Certificate of Transfer of Milk Quota or a Number I Certificate of Retention of Milk Quota issued under this Regulation where a failure to make a transfer referred to in such a certificate is due to some reasonable cause.

(12) The Minister may, on an application being made in writing in that behalf to him by a person designated by a deceased grantee of a Number I Certificate of Transfer of Milk Quota during the period referred to in paragraph (10) of this Regulation, or within six months following the end of that period, extend the validity of a Number I Certificate of Transfer of Milk Quota.

(13) Where a grantee of a Number 1 Certificate of Transfer of Milk Quota dies after making the transfer referred to in that certificate or where his personal representative makes or is obliged to make that transfer after his death, then the person designated by that grantee in his application for the certificate as the beneficiary in the event of the applicant's death of the right to attach the milk quota in question to land to be purchased or inherited or leased may, on compliance with the conditions referred to in paragraph (6) of this Regulation, apply for and be granted a Number 1 Certificate of Attachment of Milk Quota:

Provided that an undertaking for the purposes of sub-paragraph (h) of paragraph (6) of this Regulation need only be an undertaking that it is his intention to engage in milk production.

(14) Where a person transfers by sale for use for a non-agricultural purpose any part of a holding which is not more than half a 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 and the instrument of transfer contains a declaration by the transferee that he does not intend to use the land so transferred for agricultural purposes and that he consents to the retention by the transferor of the milk quota attached to that land.

(15) Paragraph (14) of this Regulation shall apply to only two such transfers by a person in any one calendar year.

(16) A reference in this Regulation to a transfer or a proposed transfer shall include, where appropriate, a reference to a compulsory acquisition by a public authority possessing compulsory purchase powers or to a proposed transfer to such a public authority which has given formal notice of intention to exercise those powers.

Relocation of Milk Quota upon Consolidation of a Holding.

8. (1) Where a producer wishes to improve the structure of milk production on his holding by--

( a ) a transfer of all of his holding with a subsequent purchase or inheritance of other lands in fee simple, or

( b ) a transfer of part of his holding, whether with or without a subsequent purchase or inheritance of other land in fee simple,

he may apply to the Minister before the proposed transfer for--

(i) a certificate (in the form set out in the Eighth Schedule to these Regulations and referred to in these Regulations as a "Number II Certificate of Retention of Milk Quota") that the milk quota attached to the part of his holding which he proposes to transfer shall, in the event of such transfer, be attached to such other part of his holding as may be specified in the certificate, or

(ii) a certificate (in the form set out in the Ninth Schedule to these Regulations and referred to in these Regulations as a "Number II Certificate of Transfer of Milk Quota") that such milk quota shall, in the event of such transfer, be attached to land to be purchased or inherited by the transferor within one year and three months of the date of the certificate, or

(iii) a Number II Certificate of Retention of Milk Quota and a Number II Certificate of Transfer of Milk Quota in respect of different parts of such milk quota.

( a ) the applicant submits to the Minister an application for a certificate in the form set out in the Tenth Schedule to these Regulations before the date of the proposed transfer and supplies such information as the Minister may request,

( b ) the Minister is satisfied that the producer will improve the structure of milk production on his holding as a result of the proposed transfer, or of the proposed transfer and a subsequent purchase or inheritance, as the case may be,

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

( d ) the proposed transferee gives written consent to the application for a certificate or certificates,

( e ) the applicant provides the Minister with a draft of the proposed instrument of transfer and a map showing the entire of his holding, and outlining that area of the holding, whether all or part, which it is proposed to transfer,

( f ) where the applicant seeks a Number II Certificate of Retention of Milk Quota the Minister is satisfied that such milk quota is capable of being produced on the remainder specified in the application of his holding together with any other milk quota already attached to that remainder of his holding and that that remainder is held in fee simple,

( g ) the holding or part thereof to be so transferred shall be owned in fee simple by the applicant and shall have been so owned before the 1st day of April, 1994 by the applicant or by a person from whom the applicant acquired such a holding or part thereof, by way of inheritance,

( h ) where the applicant seeks a Number II Certificate of Retention of Milk Quota, in respect of restricted quota, the Certificate of Retention will not be granted unless the distance between--

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

does not exceed forty-eight kilometres,

( i ) the proposed transfer of the applicant's fee simple shall not be subject to any other estate or interest, unless approved of by the Minister, and

( j ) where the applicant seeks a Number II Certificate of Transfer the application shall be executed in accordance with the rules for the execution of a will set out in Section 78 of the Succession Act, 1965 .

(3) Where a Number II 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 the transfer referred to in that certificate is made within three months of the date of that certificate.

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

(5) A person who fails to comply with paragraph (4) of this Regulation shall be guilty of an offence.

(6) On receipt of an application in the form set out in the Eleventh Schedule to these Regulations, the Minister may grant a certificate (referred to in these Regulations as a "Number II Certificate of Attachment of Milk Quota") in the form set out in the Twelfth Schedule to these Regulations provided that the applicant:

( a ) has a Number II Certificate of Transfer of Milk Quota in respect of the milk quota to be attached pursuant to the certificate applied for,

( b ) purchases or inherits land within one year and three months of the date of the Number II Certificate of Transfer of Milk Quota:

Provided the transfer referred to in that certificate is made within three months of the date of that certificate,

( c ) submits the application in the form set out in the Eleventh Schedule to these Regulations within two months of the purchase or inheritance referred to in subparagraph (b) of this paragraph,

( d ) in the case of restricted quota, subject to the exception referred to at sub-paragraph (e) of this paragraph, purchases land or inherits land within one year and three months of the date of the Number II Certificate of Transfer of Milk Quota, provided that the distance between--

(i) any part of the boundary of the part of the applicant's holding to which the restricted quota was attached where those lands comprise of contiguous lands or any part of the boundary of the largest part of the applicant's holding to which the restricted quota was attached where those lands do not comprise of contiguous lands, and

does not exceed forty-eight kilometres,

( e ) sub-paragraph (d) of this paragraph shall not apply where the applicant seeking a Number II Certificate of Attachment of Milk Quota transferred his entire holding where the holding so transferred was owned in fee simple by the applicant or by the person from whom the applicant acquired such holding by way of inheritance, for a period of three years before the date of coming into operation of these Regulations,

( f ) satisfies the Minister that the land is capable of producing the milk quota,

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

( h ) the applicant submits to the Minister a copy of each of the instruments of transfer or of the instrument of transfer and of the contract as the case may be and of the map referred to in the Eleventh Schedule to these Regulations, and

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

(7) Where a Number II Certificate of Transfer of Milk Quota is granted, the grantee of the Certificate or, in the circumstances referred to in paragraph (13) of this Regulation, the person designated by him, shall remain entitled to the relevant milk quota for a period of one year and three months from the date of that certificate, provided the transfer referred to in that certificate is made within three months of the date of that certificate, and shall remain so entitled after that period where the Minister has granted a Number II Certificate of Attachment of Milk Quota during that period.

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

(9) Where a Number II Certificate of Transfer of Milk Quota has been granted and where no Number II Certificate of Attachment of Milk Quota has been granted in respect of all or part of the milk quota concerned during the period specified in paragraph (7) of this Regulation, then all or that part of that milk quota, as the case may be, shall be added to the national reserve.

(10) A Number II Certificate of Retention of Milk Quota or a Number II Certificate of Transfer of Milk Quota shall have effect only where the transfer referred to in such certificate is made within three months of the date of that certificate.

(11) Notwithstanding paragraph (10) of this Regulation, the Minister may, on an application being made in writing in that behalf to him during the period referred to in paragraph (10) of this Regulation, or within two months following the end of that period, by the person to whom the certificate was granted, extend the validity of a Number II Certificate of Transfer of Milk Quota or a Number II Certificate of Retention of Milk Quota issued under this Regulation, where a failure to make the transfer referred to in such a certificate is due to some reasonable cause.

(12) The Minister may, on an application being made in writing in that behalf by a person designated by a deceased grantee of a Number II Certificate of Transfer of Milk Quota during the period referred to in paragraph (10) of this Regulation, or within six months following the end of that period, extend the validity of a Number II Certificate of Transfer of Milk Quota.

(13) Where a grantee of a Number II Certificate of Transfer of Milk Quota dies after making the transfer referred to in that certificate or where his personal representative makes or is obliged to make that transfer after his death, then the person designated by that grantee in his application for the certificate as the beneficiary in the event of the applicant's death of the right to attach the milk quota in question to land to be purchased or inherited may, on compliance with the conditions referred to in paragraph (6) of this Regulation, apply for and be granted a Number II Certificate of Attachment of Milk Quota:

Provided, that an undertaking for the purposes of subparagraph (g) of paragraph (6) of this Regulation need only be an undertaking that it is his intention to engage in milk production.

Milk Quota Established on Lands held by Lease, Licence or other Limited Interest.

9. (1) Where, in respect of land to which milk quota attaches, there is a lease or licence or other limited interest due to expire without any possibility of renewal on similar terms, the person entitled to such an interest may apply in writing to the Minister for a declaration that all or part of the milk quota concerned shall be transferred to him and the Minister may make a declaration that all or part of the milk quota shall be so transferred.

(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, or

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

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

(4) A declaration under paragraph (1) of this Regulation 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) of this Regulation, the Minister may stay the operation of paragraph (7) of Regulation 4 of these Regulations for a period not exceeding six months.

(6) Where the Minister has made a declaration under paragraph (1) of this Regulation the person in whose favour that declaration has been made or the person designated by him in his application for the declaration as the beneficiary in the event of his death of the right to attach the milk quota in question to land to be purchased, inherited or leased shall remain entitled to the milk quota for a period of one year and three months from the date of the declaration and he shall remain so entitled after that period where the Minister has granted a Number III Certificate of Attachment in the form set out in the Thirteenth Schedule to these Regulations during that period.

(7) On an application in writing being made within two months of the expiry of a period referred to in paragraph (2) of this Regulation the Minister may extend the time for making an application referred to in that paragraph by one month where he 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 Number III Certificate of Attachment of Milk Quota provided that the applicant satisfies each of the following requirements, namely, he--

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

( b ) owns land, or has a lease of land for a period of three years or more, or purchases land, or inherits land within one year and three months after the date of the declaration,

( c ) applies to the Minister in writing within two months of the lease or purchase or inheritance referred to in subparagraph (b) of this paragraph, or within two months of the date of the declaration granted under paragraph (1) of this Regulation in the case of land owned at the date of that declaration,

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

( e ) gives a written undertaking that it is his intention to continue in milk production, and satisfies the Minister that such intention is bona fide,

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

( g ) supplies such information as the Minister may request.

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

(10) Where no Number III 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) of this Regulation during the period of one year and three months specified in paragraph (6) of this Regulation then all or that part of that milk quota shall be added to the national reserve.

(11) Paragraph (1) of this Regulation shall apply to a person who has established a quota or his heirs but it shall not apply to a person who has acquired quota by way of a lease of land and quota.

(12) An application under paragraph (1) of this Regulation in relation to a lease referred to in a Number 1 Certificate of Retention of Milk Quota or a Number 1 Certificate of Attachment of Milk Quota shall be granted.

(13) An application under paragraph 1 of this Regulation in relation to a lease referred to in a Number III Certificate of Attachment shall be granted.

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

(15) 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 (12) or paragraph (13) of this Regulation where no application under paragraph (1) of this Regulation has been made.

(16) Where a grantee of a declaration under paragraph (1) of this Regulation dies after receiving the declaration then the person who shall have been designated by that grantee in his application for that declaration as the beneficiary in the event of his death of the right to attach the milk quota in question to land owned or to be purchased or inherited or leased may, on compliance with the conditions referred to in paragraph (8) of this Regulation, apply for and be granted a Number III Certificate of Attachment: Provided that an undertaking for the purposes of paragraph (8) (e) of this Regulation need only be an undertaking that it is his intention to engage in milk production.

(17) An application under paragraph (1) of this Regulation shall be executed in accordance with the rules for the execution of a will set out in section 78 of the Succession Act, 1965 .

Calculation of Levy.

10. For the purposes of Article 2.1 of Council Regulation No. 3950/92 (which deals with the calculation of the levy) the contribution towards the levy of the producers who make wholesale deliveries shall be established, in accordance with the provisions of that Article, at the level of the purchaser.

National Reserve.

11. (1) The Minister may replenish the national reserve by a reduction by a specified percentage of each of the individual milk quotas in order to grant additional or specific milk quotas to producers determined in accordance with objective criteria agreed with the Commission of the European Communities and published by the Minister in a National newspaper.

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

(3) The Minister shall, by notice published in a National newspaper, specify the manner in which milk quotas shall be granted to the producers referred to in paragraph (1) of this Regulation and the conditions to be complied with by a producer to whom such a grant is to be made.

Transfer of Milk Quota between Purchasers.

12. (1) The Minister shall establish, from time to time, the total of any delivery quotas attached to each purchaser, for the purposes of these Regulations and the Council and the Commission Regulations.

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

(3) A producer may transfer his delivery quota, in whole or in part, from his 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) of this Regulation.

(4) A producer who wishes to effect a transfer referred to in paragraph (3) of this Regulation, shall send to the purchasers concerned, notices of his 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 wishes the transfer to be effected.

(5) The notices referred to in paragraph (4) of this Regulation shall be sent --

( a ) to the existing purchaser, a notice (referred to in these Regulations as Producer Transfer Notice Number 1) in the form set out in the Fourteenth Schedule to these Regulations, and

( b ) to the new purchaser, a notice (referred to in these Regulations as Producer Transfer Notice Number II) in the form set out in the Fifteenth Schedule to these Regulations which notice shall be accompanied by--

(i) where the quota to be transferred includes quota to which the producer is entitled under a lease of land, a copy of the lease and,

(ii) if applicable, a copy of the "Delivery Milk Quota Transfer Form" referred to in subparagraph (a) of Paragraph (2) of Regulation 6 of these Regulations.

(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 two months of the date of such commencement, apply in writing to the Minister in accordance with paragraph (10) of this Regulation for an appropriate adjustment in its milk quota and in that of the existing purchaser.

(8) The Minister shall refuse to grant an application under paragraph (7) of this Regulation unless the applicant provides him with copies of the certificates of posting or other similar evidence in writing of posting referred to in paragraph (14) of this Regulation.

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

(10) The application referred to in paragraph (7) of this Regulation shall be in such form and shall contain such information as the Minister may, from time to time, specify in a notice to purchasers.

(11) A person who fails to comply with paragraph (7) of this Regulation shall be guilty of an offence.

(12) Notwithstanding paragraph (3) of this Regulation, a producer may apply in writing to the Minister for approval for the transfer of his 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 views in writing.

(13) Where the Minister gives an approval under paragraph (12) of this Regulation, he 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.

(14) The notices referred to in paragraph (4) and paragraph (5) of this Regulation 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 from An Post, 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.

(15) The amount of the delivery quota transferred in accordance with this Regulation shall, in accordance with the second sub-paragraph 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 existing purchaser in the milk quota year in which the transfer takes place.

(16) The power of the Minister under paragraph (1) of this Regulation includes the power to revise, whether by a reduction or increase, a purchaser's milk quota where he 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.

(17) The power referred to in paragraph (16) of this Regulation 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.

(18) A transfer of a quota under paragraph (3) of this Regulation to which a producer is entitled under a lease of land shall cease to have effect on the expiry 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, in accordance with paragraph (7) of Regulation 4 of these Regulations on such expiry become attached to the purchaser to which it had been attached before such transfer.

(19) 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 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, in accordance with paragraph (7) of Regulation 4 of these Regulations on such expiry become attached to the purchaser to which it had been attached before such transfer.

Collection of Levy.

13. (1) Any amount due in respect of the levy which is payable by a purchaser or a direct sales producer pursuant to Council Regulation No. 3950/92 or Commission Regulation No. 536/93 or any amount due in respect of the application of the penalty which is provided for in Article 3.2 of Commission Regulation No. 536/93 or the penalty provided for in Article 4.2 of the said Commission Regulation shall be paid to the Minister by the person from whom it is due in accordance with the said Regulations and these Regulations.

(2) Any amount due in respect of the levy which is not paid to the Minister in accordance with paragraph (1) of this Regulation 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 sub-paragraph 2 of Article 3.4 of Commission Regulation No. 536/93 in the case of purchasers and in accordance with sub-paragraph 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 under paragraph (1) or (2) of this Regulation 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.

Milk Purchaser's Annual Declaration.

14. (1) Before the 15th day of May in each year, a purchaser shall forward to the Minister a statement setting out the sum of the delivery quotas attached to it in the previous milk quota year and in respect of any milk and any milk equivalent delivered to it in the previous milk quota year--

( a ) the total quantity,

( b ) the quantity corrected in accordance with Article 2 of Commission Regulation No. 536/93,

( c ) the average fat content of any such milk or milk equivalent, and

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

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

Allocation of Unused Quantities.

15. For the purposes of Article 2.4 of Council Regulation No. 3950/92 the Minister may, by notice published in a National newspaper, specify the priority categories of producers determined in accordance with Article 5 of Commission Regulation No. 536/93 who will benefit from the application of Article 2.4 of Council Regulation No. 3950/92.

Temporary Leasing.

16. (1) The Minister may determine in accordance with the 2nd paragraph of Article 6.1 of Council Regulation No. 3950/92 the categories of producers who may benefit from quota made available by way of temporary transfer under the 1st paragraph of Article 6 of the Council Regulation No. 3950/92.

(2) A determination under paragraph (1) of this Regulation shall be made by a notice containing such determination published in a National newspaper.

(3) The Minister may determine in accordance with the 2nd paragraph of Article 6.1 of Council Regulation No. 3950/92 the extent to which temporary transfers under paragraph (1) of this Regulation may be renewed.

(4) A determination under paragraph (3) of this Regulation shall be made by way of a notice containing such determination published in a National newspaper.

17. (1) The Minister shall maintain a register of purchasers to be known as the "Register of Milk Purchasers" and in these Regulations referred to as "the Register".

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

(3) Paragraph (2) of this Regulation shall not apply to a person who was a purchaser on the 1st day of April, 1994, for a period of four months from that date.

(4) Applications for registration in the register shall be--

( a ) In the case of a sole purchaser, in the form set out in the Sixteenth Schedule to these Regulations,

( b ) In the case of a group of purchasers, in the form set out in the Seventeenth Schedule to these Regulations, and

( c ) In the case of a joint purchaser, in the form set out in the Eighteenth Schedule to these Regulations.

(5) A purchaser who was, immediately before the commencement of these Regulations, registered under Regulation 15 of the European Communities (Milk Quota) Regulations, 1994 ( S.I. No. 70 of 1994 ), shall on such commencement be registered under these Regulations as a sole purchaser.

(6) Where an application under paragraph (4) of this Regulation is received by the Minister, he shall consider the application and, if he approves of it, he shall cause the name of the sole purchaser, the group of purchasers or the joint purchaser and all other relevant information to be registered in the Register.

(7) The proof required for the purposes of Regulation 18 (a) of these Regulations, paragraph (1) (c) of Regulation 19 of these Regulations and Regulation 20 (b) of these Regulations shall be

( a ) in the case of an applicant who is a company, a copy of the Memorandum and Articles of Association of the company showing that the company has power to act as a purchaser, or

( b ) the rules in the case of an industrial and provident society established under the Industrial and Provident Societies Acts, 1893 to 1978.

Sole Purchaser.

18. A sole purchaser shall not be registered under paragraph (6) of Regulation 17 of these Regulations unless--

( a ) where he is not an individual, he has provided proof in accordance with paragraph (7) of Regulation 17 of these Regulations that he has the legal authority to buy milk,

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

( c ) he states in the form set out in the Sixteenth Schedule to these Regulations that he undertakes to keep up to date the stock accounts, registers and other documents referred to in sub-paragraph (c) of Article 7.1 of Commission Regulation No. 536/93, and

( d ) he states, in the form set out in the Sixteenth Schedule to these Regulations, to undertake to send and to send to the Minister the statement referred to in paragraph (1) of Regulation 14 of these Regulations in accordance with that Regulation.

Group of Purchasers.

19. (1) A group of purchasers shall not be registered under paragraph (6) of Regulation 17 of these Regulations unless--

( a ) each member provides its name and address;

( b ) each member provides details of its collection area;

( c ) each member provides proof in accordance with paragraph (7) of Regulation 17 of these Regulations that it has the legal authority to buy milk where that member is not an individual,

( d ) the members provide a statement in the form set out in the Seventeenth Schedule to these Regulations that they have decided that a designated person named in the statement shall, on their behalf, carry out the administrative and accounting operations necessary for the payment of the levy and satisfy the Minister that that person has the premises in the State where the accounts and other documents relating to the operation of this subparagraph may be inspected by an authorised officer,

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

( f ) each member states in the form set out in the Seventeenth Schedule to these Regulations that he will undertake to keep up to date the stock accounts, registers and other documents referred to in sub-paragraph (c) of Article 7.1 of Commission Regulation No. 536/93, and

( g ) the members undertake in the form set out in the Seventeenth Schedule to these Regulations joint and several obligations to send to the Minister the statement referred to in Regulation 14 of these Regulations in respect of the registered group of purchasers.

(2) A group of purchasers may only be registered with effect from the first day of April in any year.

Joint Purchaser.

20. A joint purchaser shall not be registered under paragraph (6) of Regulation 17 of these Regulations unless:

( a ) each member provides its name and address;

( b ) each member provides proof in accordance with paragraph (7) of Regulation 17 of these Regulations that it has the legal authority to buy milk;

( c ) each member which is a wholly owned subsidiary provides proof that it is such a subsidiary within the meaning of Regulation 2 of these Regulations;

( d ) each member which is wholly owned by an industrial and provident society provides the Minister with proof that it is so owned within the meaning of Regulation 2 of these Regulations;

( f ) each member states in the form set out in the Eighteenth Schedule to these Regulations that he undertakes to keep up to date the stock accounts, registers and other documents referred to in sub-paragraph (c) of Article 7.1 of Commission Regulation No. 536/93; and

( g ) the members undertake in the form set out in the Eighteenth Schedule to these Regulations joint and several obligations to send to the Minister the statement referred to in Regulation 14 of these Regulations in respect of the registered joint purchaser.

Notification of Registration.

21. (1) Where the Minister has registered a sole purchaser in the Register, he shall notify the purchaser that he has so registered him.

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

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

Removal or Alteration of Registration.

22. (1) The Minister may remove the reference to a registered sole purchaser from the Register if, where he is not an individual, he ceases to have the legal authority to act as a purchaser or if he ceases to have premises of the type referred to in Regulation 18 (b) of these Regulations or if he breaches either of the undertakings referred to in Regulation 18 (c) and (d) of these Regulations, or if that purchaser repeatedly fails to comply with any other obligation under Council Regulation No. 3950/92 or Commission Regulation No. 536/93, or if the provisions of paragraph (13) of this Regulation apply.

(2) The Minister may remove the reference to a registered group of purchasers from the Register if the members cease to have the legal authority to act as a purchaser or if the members cease to have premises of the type referred to in paragraph (1) (e) of Regulation 19 of these Regulations, or if they breach any of the undertakings referred to in Regulation 19 (1) (f) or of these Regulations, or if the members repeatedly fail to comply with any other obligation under Council Regulation No. 3950/92 or Commission Regulation No. 536/93, or if the provisions of paragraph (13) of this Regulation apply to the members, or if the statement referred to in paragraph (1) (d) of Regulation 19 of these Regulations is no longer correct or, if the designated person ceases to carry out the operations or ceases to have the premises referred to in paragraph (1) (d) of Regulation 19 of these Regulations.

(3) In the case of a registered group of purchasers consisting only of two members, the Minister may remove the reference to the group of purchasers from the Register where one member who is not an individual ceases to have the legal authority to act as a purchaser, or if one of the members ceases to have premises of the type referred to in paragraph (1) (e) of Regulation 19 of these Regulations, or if one of the members breaches the undertaking referred to in paragraph (1) (f) of Regulation 19 of these Regulations, or if one of the members repeatedly fails to comply with any other obligation under Council Regulation No. 3950/92 or Commission Regulation No. 536/93, or if the provisions of paragraph (13) of this Regulation apply to one of the members, or if the statement referred to in paragraph (1) (d) of Regulation 19 of these Regulations is no longer correct.

(4) The Minister may amend the registration of a group of purchasers by deleting the reference to one or more members where one or more of the members ceases to have the legal authority to act as a purchaser or ceases to have premises of the type referred to in paragraph (1) (e) of Regulation 19 of these Regulations, or if one or more of the members breaches the undertaking referred to in paragraph (1) (f) of Regulation 19 of these Regulations, or if one or more of the members repeatedly fails to comply with any other obligation under Council Regulation No. 3950/92 or Commission Regulation No. 536/93, or if the provisions of paragraph (13) of this Regulation apply to one or more of the members, or if the statement referred to in paragraph (1) (d) of Regulation 19 of these Regulations is no longer correct with regard to one or more of the members.

(5) The Minister may amend the registration of a group of purchasers on an application in the form set out in the Seventeenth Schedule to these Regulations for the addition of one or more additional members to that group of purchasers provided the conditions of paragraph (1) of Regulation 19 of these Regulations have been complied with.

(6) The Minister may remove a joint purchaser from the Register if the members cease to have the legal authority to act as a purchaser, or if the members cease to have premises of the type referred to in Regulation 20 (e) of these Regulations, or if the members breach the undertaking referred to in Regulation 20 (f) or (g) of these Regulations, or if the members repeatedly fail to comply with any other obligation under Council Regulation No. 3950/92 or Commission Regulation No. 536/93, or if the provisions of paragraph (13) of this Regulation apply to the members, or if they cease to be a joint purchaser.

(7) In the case of a joint purchaser consisting only of two members the Minister may remove the reference to the joint purchaser from the Register where one member ceases to have the legal authority to act as a purchaser, or if one member ceases to have premises of the type referred to in Regulation 20 (e) of these Regulations, or if one member breaches the undertaking referred to in Regulation 20 (f) of these Regulations, or if one member repeatedly fails to comply with any other obligation under Council Regulation No. 3950/92 or Commission Regulation No. 536/93, or if the provisions of paragraph (13) of this Regulation apply to one member, or if the members cease to be a joint purchaser.

(8) The Minister may amend the registration of a joint purchaser by deleting the reference to a member from the register if the member ceases to have the legal authority to act as a purchaser, or if the member ceases to have premises of the type referred to in Regulation 20 (e) of these Regulations, or if the member breaches the undertaking referred to in Regulation 20 (f) of these Regulations, or if the member has repeatedly failed to comply with any other obligation under Council Regulation No. 3950/92 or Commission Regulation No. 536/93, or if the provisions of paragraph (13) of this Regulation apply to the member, or if the member ceases to be a member of the joint purchaser.

(9) The Minister may amend the registration of a joint purchaser on an application in the form set out in the Eighteenth Schedule to these Regulations for the addition of one or more additional members to that joint purchaser provided the conditions of Regulation 20 of these Regulations have been complied with.

(10) Whenever the Minister is considering whether to remove a sole purchaser from the Register he shall inform the purchaser in writing of that fact and the purchaser may make observations in writing to the Minister.

(11) Whenever the Minister is considering whether to remove a group of purchasers from the Register, or to amend the registration of a group of purchasers by deleting a member or members from, or adding a member or members to, the Register, he shall inform each member of that group and the designated person referred to in paragraph 1(d) of Regulation 19 of these Regulations in writing of that fact and each member and that designated person may make observations in writing to the Minister.

(12) Whenever the Minister is considering whether to remove the reference to a joint purchaser from the Register, or to amend the registration of a joint purchaser by deleting a member or members from, or adding a member or members to, the Register, he shall inform each member of that joint purchaser in writing of that fact and each member of that joint purchaser may make observations in writing to the Minister.

(13) The registration of a purchaser in the Register may be deleted by the Minister where

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

( b ) at the time of the decision of the Minister, no quota is attached to that purchaser, and

( c ) no valid Producer Transfer Notice Number II has been sent to that purchaser in accordance with Regulation 12 of these Regulations and no corresponding valid Producer Transfer Notice Number I has been sent to an existing purchaser in accordance with Regulation 12 of these Regulations.

(14) The Minister may, on the request of a registered sole purchaser, or of the members of a registered group of purchasers, or of the members of a registered joint purchaser, remove the reference to such purchaser from the register where he is satisfied that it is proper to do so.

(15) The Minister may, on the request of a member of a registered group of purchasers, or of a member of a registered joint purchaser, amend the registration of that purchaser by deleting the reference to that member where he is satisfied that it is proper to do so.

Access to Register.

23. (1) The Minister shall publish in a National newspaper the name of each registered sole purchaser, registered group of purchasers including the name of each member of that group, and registered joint purchaser including the name of each member of that joint purchaser, within six months of the coming into operation of these Regulations and shall publish in a National newspaper a notice of any amendments thereto.

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

Milk Deliveries to a Purchaser.

24. (1) A producer who delivers milk to a purchaser who is not registered in the Register shall be guilty of an offence.

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

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

Maintenance of Records -- Milk Purchasers.

25. A purchaser who fails to comply with any of the obligations in Article 7.1 (c) or (d) of Commission Regulation No. 536/93 shall be guilty of an offence.

Maintenance of Records -- Direct Sales Producers.

26. A direct sales producer who fails to comply with any of the obligations in Article 7.1 (f) of Commission Regulation No. 536/93 shall be guilty of an offence.

Recording of Milk Deliveries.

27. (1) When milk or other milk products are collected at a holding by a purchaser or his agent, the purchaser or his agent shall record in writing, at the time of such collection at the holding, the date, the quantity of milk or other milk products supplied and the name and address of the producer supplying the milk or the number assigned by the purchaser to that producer where the Minister has been informed that such number has been so assigned.

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

(3) All records provided for under paragraphs (1) and (2) of this Regulation shall be kept for a period of at least three years after the milk quota year in which the delivery concerned is made.

(4) A person who fails to comply with any of the provisions of this Regulation or who makes a record in purported compliance with this Regulation which is false or misleading in a material respect shall be guilty of an offence.

Recording of Milk Intake.

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

(2) A producer who knowingly supplies to, or makes available to, a person milk for use by that person in the commission of an offence under paragraph (1) of this Regulation shall be guilty of an offence.

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

(4) A servant or agent of a purchaser who knowingly assists a person to commit an offence under paragraph (1) or paragraph (2) of this Regulation shall be guilty of an offence.

(5) A purchaser who knowingly records against a restricted quota which has been transferred under Regulation 4 of these Regulations milk which has not been produced in accordance with Regulation 5 of these Regulations shall be guilty of an offence.

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

Deduction of Levy by Milk Purchasers.

29. (1) A purchaser may, where a producer making deliveries to him exceeds the milk quota attached to him, immediately deduct in respect of some or all of that excess an amount equal to the amount of the levy which might be payable by that producer from the sums owed to the producer for any milk delivered by him.

(2) All amounts deducted by the purchaser under paragraph (1) of this Regulation shall be paid by the purchaser into a bank account kept by him for that purpose and no other monies shall be paid into that account and any interest earned on that account which may reasonably be attributed to an amount so deducted shall be paid to the producer.

(3) An amount deducted for the purposes of paragraph (1) of this Regulation and paid into the account in accordance with paragraph (2) of this Regulation may only be used in the discharge of the potential levy in respect of which it was deducted, or refunded to the producer.

(4) A purchaser who fails to recover from a producer all or any of the levy for which that producer is liable in accordance with the requirements of Article 2 of Council Regulation No. 3950/92 and Article 3 of Commission Regulation No. 536/93 shall be guilty of an offence.

Recovery of Levy.

30. In any proceedings for the recovery of any amount due in respect of the levy or any interest or any penalty referred to in Regulation 13 of these Regulations or in any prosecution for an offence under these Regulations, a certificate purporting to be signed by an authorised officer and certifying that he has inspected the records of the Minister and the records of a particular purchaser or direct sales producer and that it appears from those records that the purchaser or producer is liable to pay to the Minister, in respect of the levy or in respect of such interest or penalty, an amount specified in the certificate and that such amount has not been recovered by the Minister shall, without proof of the signature of that person or that such person was, at the relevant time, an authorised officer, be evidence of the facts so certified.

Fat Content of Milk Deliveries.

31. (1) Subject to paragraph (6) of this Regulation, a purchaser shall determine or cause to be determined the fat content of samples taken from milk delivered to him by each producer at such intervals as may be required for the purposes of the method being used for such determination or at such intervals as may be specified in a notice sent by the Minister to all purchasers.

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

(3) A purchaser shall retain and preserve a record of any tests and a record of all notifications made under paragraph (2) of this Regulation for a period of three years from the end of the milk quota year in which the test is performed or the notification is made as the case may be.

(4) A person who fails to comply with any of the provisions of this Regulation shall be guilty of an offence.

(5) An authorised officer may at all reasonable times enter any premises in which he has reasonable grounds for believing that a purchaser or his agent tests or stores samples for the purposes of this Regulation to examine the operation of anything on those premises which appears to be used for the purposes of such testing or storing.

(6) For the purposes of paragraph (1) of this Regulation, the determination of fat content shall be made in accordance with the Gerber method as referred to in the publication of the Institute for Industrial Research and Standards entitled "Determination of the Percentage of Fat in Milk" (I.S. 66: 1955) or any other method specified by the Minister for the purposes of this Regulation in a notice sent to all purchasers.

Dormant Milk Quotas.

32. (1) Every purchaser shall on, or before, the 15th day of May in each year give to the Minister in writing the name and address, and details of the quota, of every producer who has a quota attached to him, who did not make deliveries of milk to him during the previous milk quota year, and who, during that milk quota year did not make a temporary transfer of milk quota pursuant to a scheme for temporary transfers authorised by the Minister under Regulation 16 of these Regulations.

(2) If a person who has a direct sales milk quota did not sell or offer for sale any milk or milk products during a milk quota year and did not during that year make a temporary transfer of milk quota pursuant to a scheme for temporary transfers authorised by the Minister under Regulation 16 of these Regulations, he shall, on or before, the 15th day of May next following that milk quota year notify the Minister in writing of those facts.

(3) In the case of a person referred to in paragraph (1) or (2) of this Regulation or in a case where a direct sales producer fails to send the declaration referred to in Article 4.2 of Commission Regulation No. 536/93 before the 1st day of July in any year or in any other case where the Minister has reason to suspect that a producer who has a quota direct sales or a delivery has not marketed or delivered milk produced on his holding in a milk quota year, the Minister may, before the 31st day of July in the following milk quota year, or within three months as appropriate, serve a notice on the person stating that he is considering adding the milk quota of that person to the national reserve and informing him that if he wishes to make any observations he may do so within 30 days of the date of the service of the notice.

(4) The Minister shall notify the person concerned in writing whenever he makes an addition of his quota to the national reserve.

(5) Where a producer whose quota has been added to the national reserve under this Regulation resumes production of milk he shall be granted a quota no later than the 1st day of April following the date of his application, in accordance with the provisions of Article 5 of Council Regulation No. 3950/92.

(6) Where a period of time referred to in paragraph (7) of Regulation 7 of these Regulations or in paragraph (7) of Regulation 8 of these Regulations or in paragraph (6) of Regulation 9 of these Regulations includes an entire milk quota year or nine months or a longer period of a milk quota year or where such a period of time expires in any milk quota year after the 31st day of October then the power of the Minister under paragraph (4) of this Regulation shall not be exercisable on account of non-production in that milk quota year by the person entitled to a quota referred to in paragraph (7) of Regulation 7 of these Regulations or in paragraph (7) of Regulation 8 of these Regulations or in paragraph (6) of Regulation 9 of these Regulations in respect of such quota.

(7) Where a dispute about entitlement to a milk quota has been referred to arbitration in accordance with an arbitration agreement within the meaning of the Arbitration Act, 1954 , or is the subject of proceedings before a court and where the person who is entitled or would appear to be entitled to that milk quota does not deliver or sell milk in a milk quota year then, if the Minister is satisfied that the arbitration or proceedings in question are being prosecuted with reasonable speed, he shall not exercise his power under paragraph (4) of this Regulation.

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

Definitive Discontinuation of Milk Production.

33. (1) Any producer who surrenders his milk quota entitlement pursuant to a scheme established for the purposes of the definitive discontinuation of milk production and who delivers or markets milk or milk products either to a purchaser or for direct consumption contrary to such a scheme shall be guilty of an offence.

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

Permanent Transfers of Direct Sales and Delivery Quotas.

34. Any application to the Minister pursuant to Article 4.2 of Council Regulation No 3950/92 by a producer for an increase in, or the establishment of, a deliveries milk quota or a direct sales milk quota by means of a reduction in or cancellation of the milk quota held by the producer shall be made in writing to the Minister on or before the 31st day of October in the milk quota year in which he wishes that increase or establishment to commence.

Restructuring of Milk Quotas.

35. (1) The Minister may determine in accordance with the 2nd indent of Article 8 of Council Regulation No. 3950/92 the producers who may obtain, in return for payment, at the beginning of a milk quota year the reallocation by the Minister or by designated milk purchasers in a manner specified by the Minister of direct sales or delivery quotas surrendered at the end of the preceding milk quota year by other producers in return for compensation equal to the said payment and the conditions to be complied with by a producer to whom such a grant is to be made.

(2) A determination under paragraph (1) of this Regulation shall be made by a notice containing such determination published in a National newspaper.

Appointment of Authorised Officers.

36. (1) The Minister may appoint such and so many of his officers as he sees fit to be authorised officers for the purposes of these Regulations.

(2) An authorised officer shall be issued with a warrant of appointment and shall, when exercising or seeking to exercise any power under these Regulations, if requested by the person affected, produce the warrant to that person and a form of personal identification.

(3) The Minister may at any time terminate the appointment of any authorised officer.

Authorised Officers.

37. (1) An authorised officer may do all or any of the following, namely,--

( a ) at all reasonable times enter and inspect any premises in which he has reasonable grounds for believing that any books, records or other documents (whether stored electronically or otherwise) relating to the production, delivery, processing or disposal of milk or milk products or to the payment of, or otherwise relating to, the levy, are kept,

( b ) require any person on such premises to produce such of the aforesaid books, records or other documents as the authorised officer may require for the purpose of the exercise of any of the powers conferred on him by these Regulations,

( c ) require any such person to give such information relating to the aforesaid books, records or other documents or to the production, delivery, processing or disposal of milk or milk products or to the payment of, or otherwise relating to, the levy, as the authorised officer may reasonably require,

( d ) inspect, copy and take extracts from any such records, books or documents,

( e ) require any person in possession of or in control of any data relating to the production, delivery, processing or disposal of milk or milk products or to the payment of, or otherwise relating to, the levy, to allow and, if necessary, assist him to--

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

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

(iii) extract any information constituting such data,

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

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

(3) The books, records and other documents referred to in paragraph (1) of this Regulation include books, records or other documents, whether stored electronically or otherwise, relating to any method of, or programme for, the conversion of information into data, the processing of data, or the use of data equipment.

(4) An authorised officer exercising his powers under this Regulation may be accompanied by a person engaged by the Minister under a contract for services to assist in such exercise and the authorised officer may require any person to do in relation to, or to allow to be done by, any person so engaged anything which he may require to be done in relation to, or to be allowed to be done by, himself.

(5) In this Regulation--

"processing of data" means performing automatically logical or arithmetical operations on data and includes extracting any information constituting the data;

"data" means information in a form in which it can be processed;

"information" includes, unless the contrary intention appears, data and in paragraph (1) of this Regulation includes information about any such method or programme or use referred to in paragraph (3) of this Regulation.

Functions performed by Authorised Officers.

38. The functions conferred on the Minister by Regulations 4, 5, 6, 7, 8, 9, 12, 17, 21, 22, 32 and 34 of these Regulations may be performed by an authorised officer.

Certification of Outstanding Levy.

39. For the purposes of any proceedings under paragraph (4) of Regulation 29 of these Regulations a certificate purporting to be signed by an authorised officer and certifying that he has inspected the records of the Minister and of a particular purchaser and that it appears from those records that there was a failure by the purchaser concerned to recover, in respect of the levy, an amount specified in the certificate from a producer or producers so specified, shall, without proof of the signature of that person, or that such person was, at the relevant time, an authorised officer, be evidence of the facts so certified.

Submission of False Information -- Direct Sellers.

40. A direct sales producer who fails to comply with Article 4.2 of Commission Regulation No. 536/93 or to forward to the Minister in purported compliance with Article 4.2 of that Regulation a declaration that is false or misleading in a material respect shall be guilty of an offence.

Submission of Information.

41. (1) The Minister may from time to time by notice sent to all or any of the following, namely, sole purchasers, registered groups of purchasers, registered joint purchasers, individual purchasers, request all or any information concerning all or any of the following:

( a ) the level of the quota of the purchaser whether in total or in relation to individual producers;

( b ) the operation of any scheme under Regulation 15 of these Regulations;

( c ) the operation of any scheme under Regulation 16 of these Regulations;

( d ) the operation of any scheme under Regulation 35 of these Regulations;

( e ) details of transfers under Regulation 6 of these Regulations;

( f ) details of deliveries of milk and fat content of milk on a monthly basis;

( g ) exports and imports of milk and milk products on a quarterly basis.

(2) A purchaser on whom a notice has been served under paragraph (1) of this Regulation shall furnish to the Minister the information so requested within the time limit specified in that notice.

(3) A person who fails to furnish the Minister with the information requested within the time limit specified in a notice being served on him under paragraph (1) of this Regulation shall be guilty of an offence unless he establishes that there was a valid reason why he could not furnish the information.

Obligations, Liabilities and Penalties for Purchasers.

42. (1) The obligations, liabilities, or penalties, the imposition of which are provided for or referred to in Regulations 13 and 14 of these Regulations, shall, in the case of a registered joint purchaser, or a registered group of purchasers, be imposed on the members of such a registered joint purchaser or registered group of purchasers jointly and severally.

(2) Where an act or omission is an offence contrary to Regulations 13, 14, 37 or 41 of these Regulations, then, in the case of a registered joint purchaser or a registered group of purchasers, proceedings in respect of that offence may be instituted against all or any of the members of such registered joint purchaser or registered group of purchasers and any such member or members may be dealt with in such proceedings notwithstanding any failure to institute proceedings against any other member.

Offences by Corporate Bodies.

43. Where an offence under any of these Regulations is committed by a body corporate and is proved to have been so committed with the consent, connivance of, or to be attributable to any neglect on the part of any person being a director, manager, secretary or other officer of that body, or any person who was purporting to act in any such capacity, that person shall also be guilty of an offence under that Regulation.

Offences.

44. A person who is guilty of an offence under Regulation 4 (8), 4 (9), 4 (10), 5 (2), 7 (5), 8 (5), 9 (14), 12(11), 13(4), 14(2), 14(3), 14(4), 17(2), 24(1), 24(3), 25, 26, 27(4), 28(1), 28(2), 28(3), 28(4), 28(5), 28(6), 29(4), 31(4), 32(8), 33(1), 33(2), 37(2), 40, 41(3) or 44 of these Regulations shall be liable on summary conviction to a fine not exceeding £1, 500, or to a period of imprisonment not exceeding 12 months or to both such fine and such imprisonment.

Transitional Measures.

45. (1) Without prejudice to section 22 of the Interpretation Act, 1937 (No. 38 of 1937), the European Communities (Milk Quota) Regulations, 1994, shall continue to apply in respect of contraventions of those Regulations which took place before the coming into operation of these Regulations.

(2) Notwithstanding the revocation of the European Communities (Milk Quota) Regulations, 1994, those Regulations shall apply to any applications made to the Minister and received by him before the coming into operation of these Regulations.

Revocation of the European Communities (Milk Quota) Regulations, 1994.

46. (1) Without prejudice to the obligations imposed and undertakings entered into under the European Communities (Milk Quota) Regulations, 1994 the said Regulations are hereby revoked, save to the extent that they have ceased to have effect.

(2) Without prejudice to the generality of section 22 of the Interpretation Act, 1937 , the revocation effected by paragraph (1) of this Regulation shall not affect the operation of the said Regulations as regards cows milk produced on or before the 3rd day of October, 1995, and the imposition of any levy thereon.

GIVEN under my Official Seal, this 4th day of October, 1995.

IVAN YATES,

Minister for Agriculture, Food and Forestry.

FIRST SCHEDULE

EUROPEAN COMMUNITIES (MILK QUOTA) REGULATIONS, 1995

Delivery Milk Quota Transfer Form

This form should be completed and signed by both the transferor (PART A) and the transferee (PART B) and sent to the milk purchaser to whom the milk quota is at present attached within two months of the date of transfer together with a copy of the instrument of transfer in accordance with the provisions of Regulation 6 of the European Communities (Milk Quota) Regulations, 1995.

PART A

FOR COMPLETION BY TRANSFEREE

1. DETAILS OF LAND TRANSACTION

I/We __________________________________________________________________________

(Name of Transferee in BLOCK CAPITALS)

Address: _______________________________________________________________________

_______________________________________________________________________________,

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

_______________________________________________________________________________

and in the DED of ________________________________________________________________,

Folio Number(s) _____________________________________ County _____________________,

hereby notify the milk purchaser named below:

Name of Milk Purchaser:___________________________________________________________

Address: _______________________________________________________________________

_______________________________________________________________________________

of the transfer on the _____ day of _____ (month) ______ (year) to me/us by way of:

(√ as appropriate)

□ purchase

□ lease

□ inheritance

of land to which milk quota is attached.

This land has been acquired from

Name of Transferor: __________________________________________________________

(BLOCK CAPITALS)

Address: _______________________________________________________________________

_______________________________________________________________________________,

and is situated in the Townland(s) of _________________________________________________

and in the DED of _______________________ , Folio Number ____________________________

County ________________________________.

2. DETAILS OF AREA OF LAND ACQUIRED

The area of the land transferred to me on foot of the transaction referred to at 1 above is ___________________________________ hectares. This land is outlined in red on the attached map.

3. QUANTITY OF MILK QUOTA TRANSFERRED

(i) The total quantity of milk quota attaching to the acquired land is _______________________ litres ( ________________ gallons).

(ii) The amount of quota transferred on foot of this transaction in respect of the milk quota year in which the transaction takes place will be based on either of the following circumstances: (√ the appropriate box)

( a ) □ Transaction is effective as and from the first day of the milk quota year. In this event, ALL the quota attaching to the above land may be transferred.

( b ) □ Transaction is effective from a date other than the first day of the milk quota year. In this event, the unused balance of the quota attaching to the above land in the current milk quota year is transferred.

Unused Balance: ___________ litres (___________ gallons)

PLEASE NOTE:

In the case of a lease entered into on a date other than the first day of the milk quota year, the amount of the quota to transfer to the benefit of the transferee for that part of the milk quota year in which the lease is due to expire shall be calculated in accordance with procedures set down by the Minister.

4. Signature(s) of Transferee(s): _____________________________________________________

____________________________________________________________________________________

Date: ___________________________

PART B

FOR COMPLETION BY TRANSFEROR

I/We_____________________________________________________________________________

(Name of Transferor in BLOCK CAPITALS)

Address: _________________________________________________________________________

_________________________________________________________________________________

being the transferor referred to in PART A above acknowledge that the statements made above relating to the transfer of land and milk quota are correct.

Signature(s) of Transferor(s):_______________________________________________________

_________________________________________________________________________________

Date: ____________________________________________________________________________

SECOND SCHEDULE

EUROPEAN COMMUNITIES (MILK QUOTA) REGULATIONS, 1995

Direct Sales Milk Quota Transfer Form

This form should be completed and signed by both the transferor (PART A) and the transferee (PART B) and sent to the Minister for Agriculture, Food and Forestry within two months of the date of transfer together with a copy of the instrument of transfer in accordance with the provisions of Regulation 6 of the European Communities (Milk Quota) Regulations, 1995.

PART A

FOR COMPLETION BY TRANSFEREE

1. DETAILS OF LAND TRANSACTION

I/We ________________________________________________________________________

(Name of Transferee in BLOCK CAPITALS)

Address:______________________________________________________________________

_____________________________________________________________________________ ,

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

______________________________________________________________________________ ,

and in the DED of ________________________________________________________________,

Folio Number(s) _______________________ County ____________________________________,

hereby notify the Minister for Agriculture, Food and Forestry of the transfer on the _____ day of _____ (month) ______ (year) to me/us by way of:

(√ as appropriate)

□ purchase

□ lease

□ inheritance

of land to which milk quota is attached.

This land has been acquired from

Name of Transferor: ______________________________________________________________

(BLOCK CAPITALS)

Address: _______________________________________________________________________

_______________________________________________________________________________

and is situated in the Townland(s) of _________________________________________________

and in the DED of ______________________ , Folio Number ____________________________

County _______________________________________.

2. DETAILS OF AREA OF LAND ACQUIRED

The area of the land transferred to me on foot of the transaction referred to at 1. above is ________________________________ hectares. This land is outlined in red on the attached map.

3. QUANTITY OF MILK QUOTA TRANSFERRED

(i) The total quantity of milk quota attaching to the acquired land is _______________ litres ( _______________ gallons).

( a ) □ Transaction is effective as and from the first day of the milk quota year. In this event, ALL the quota attaching to the above land may be transferred.

Unused Balance:________________ litres ( _____________ gallons)

PLEASE NOTE:

4. Signature(s) of Transferee(s): ________________________________________________

_______________________________________________________________________________

Date: _________________________

PART B

FOR COMPLETION BY TRANSFEROR

I/We___________________________________________________________________________

(Name of Transferor in BLOCK CAPITALS)

Address: _______________________________________________________________________

_______________________________________________________________________________

being the transferor referred to in PART A above acknowledge that the statements made above relating to the transfer of land and milk quota are correct.

Signature(s) of Transferor(s): _______________________________________________________

_______________________________________________________________________________

Date: __________________________________

THIRD SCHEDULE

EUROPEAN COMMUNITIES (MILK QUOTA) REGULATIONS, 1995

APPLICATION FORM UNDER REGULATION 7 OF THE ABOVE REGULATIONS FOR A NUMBER I CERTIFICATE OF RETENTION OR A NUMBER I CERTIFICATE OF TRANSFER OF MILK QUOTA, OR BOTH, ON THE TRANSFER OF LANDS FOR A NON-AGRICULTURAL PURPOSE OR TO A PUBLIC AUTHORITY OR FOR USE IN THE PUBLIC INTEREST.

THIS APPLICATION MUST BE SUBMITTED TO THE MINISTER FOR AGRICULTURE, FOOD AND FORESTRY BEFORE THE DATE OF THE PROPOSED TRANSFER

PART A

FOR COMPLETION BY TRANSFEROR

1. APPLICATION FOR RETENTION AND/OR TRANSFER OF QUOTA

I/We __________________________________________________________________________

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

Address: _______________________________________________________________________

_____________________________________________________________________________ ,

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

____________________________________________________________________________

and in the DED of ______________________________________________________________ ,

Folio Number(s) _________________________ County ________________________________

hereby apply for: (√ as appropriate)

(i) □ Number I Certificate of Retention

AND/OR

(ii) □ Number I Certificate of Transfer

for the attachment of the milk quota of __________ litres ( _________ gallons) now attaching to: (√ as appropriate)

all □ OR that part □

of my holding containing ____________________________________________ hectares situated

at ___________________________________________________________________________ ,

in the Townland(s) of ____________________________________________ and in the DED of

_________________________________ , Folio No. _________________________________ ,

County ______________________________________________ , outlined in red on the attached

map, which land it is proposed to transfer on or after the ____________________________

day of _______________________ (month) __________________ (year) to:

Name of Transferee: __________________________________________________________

(BLOCK CAPITALS)

Address: ______________________________________________________________________

______________________________________________________________________________

to: (√ as appropriate)

(a) □ the remainder of my present holding specified at No. 4 of this application;

AND/OR

(b) □ lands to be acquired by purchase, lease or inheritance.

2. UNDERTAKING

I/We hereby undertake that it is my/our intention to continue in milk production.

Note: in a case provided for in sub-paragraph (b) of Regulation 7 (2) of the European Communities (Milk Quota) Regulations, 1995 an undertaking that it is the applicant's intention to engage in milk production is sufficient.

3. DECLARATION OF OWNERSHIP

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

See Note (a) below.

(ii) I/We declare that the land to be transferred was so owned by me/us before the 1st day of April, 1994 or by the following person from whom I/we acquiried the land by way of inheritance:

Name: ________________________________________________________________________

Address: ______________________________________________________________________

_____________________________________________________________________________

See Note (b) below.

Notes:

( a ) A copy of the title documents should be attached including, where the land being transferred has been acquired by inheritance, a copy of the instrument of transfer and/or any other supporting documentation.

( b ) The declaration at (ii) above is not necessary in a case where a public authority possessing compulsory purchase powers has given formal notice of its intention to exercise those powers in respect of the lands to be transferred.

Signature(s) of Applicant(s): ______________________________________________________

Date: _________________________

4. DOCUMENTS TO BE SUBMITTED BY ALL APPLICANTS

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

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

(ii) a map or maps of the applicant's existing holding clearly indicating:

( a ) area to be transferred outlined in red;

and, in the case of an application for a Number I Certificate of Retention,

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

5. FOR COMPLETION ONLY BY APPLICANTS WHO ARE SEEKING A NUMBER 1 CERTIFICATE OF RETENTION

I/We request a Number I Certificate of Retention for the attachment of the quota of ____ litres ( ____ gallons) to that part of my/our holding outlined in green on the attached map which comprises ____ hectares

situated at __________________________________________________________________

in the Townland(s) of __________________________________________________________

and in the DED of ____________________________________________________________

Folio No. ____________ County _____________, which is capable of producing that amount of quota.

The land outlined in green has: (√ as appropriate)

( a ) □ a quota of ___ litres ( ___ gallons) already attaching to such land;

( b ) □ there is no quota already attaching to such land.

Signature(s) of Applicant(s): ___________________________________________________

Date: ________________________________________________________________

6. FOR COMPLETION ONLY BY APPLICANTS WHO ARE SEEKING A NUMBER I CERTIFICATE OF TRANSFER

I hereby designate, in the event of my death, the following person as the beneficiary of the right to attach, on compliance with Regulation 7 (2), the milk quota in question to land to be purchased, inherited or leased:

Name of Beneficiary: _____________________________________________________________

(BLOCK CAPITALS)

______________________________________________________________________________

Address: _______________________________________________________________________

(i) Signature(s) of Applicant(s): __________________________

Date: __________________________

(ii) Name of witness: __________________________

(BLOCK CAPITALS)

Address: __________________________

__________________________

Signature: __________________________

Date: _________________________

(iii) Name of witness: __________________________

(BLOCK CAPITALS)

Address: __________________________

__________________________

Signature: __________________________

Date: __________________________

Signed by the applicant in the presence of us and then signed by us in the presence of the applicant.

Note: to be executed in accordance with the rules for the execution of a will set out in S.78 of the Succession Act, 1965 .

PART B

FOR COMPLETION BY PROPOSED TRANSFEREE

1. CONSENT TO APPLICATION

I/We,__________________________________________________________________

(Name of proposed transferee in BLOCK CAPITALS)

Address: ____________________________________________________________________

being the person(s) to whom it is proposed to make the above mentioned transfer, or, in the case of a public authority or a company, being the secretary, director or other authorised officer thereof, hereby consent to this application. I intend to use the land for the following purpose:

_______________________________________________________________________________

______________________________________________________________________________

_______________________________________________________________________________

2. COMPULSORY PURCHASE:

This land transfer is in exercise of Compulsory Purchase Powers: (√ as appropriate):

□ YES NO □

3. SIGNATURE OF PROPOSED TRANSFEREE

Signature of proposed transferee: ______________________________________

Name of Signatory:

(in Block Capitals) _________________________________________________

Official Status in the case of a

Public Authority or Company:

(Where applicable) ____________________________________________

Title of Public Authority:

(Where applicable) ________________________________________________

Registered name of Company:

(Where applicable) Date: __________________________________________

FOURTH SCHEDULE

EUROPEAN COMMUNITIES (MILK QUOTA) REGULATIONS, 1995

Number I Certificate of Retention of Milk Quota

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

Name: _____________________________________________________________________

Address: ___________________________________________________________________

__________________________________________________________________________

for a Number I Certificate of Retention under Regulation 7 of the European Communities (Milk Quota) Regulations, 1995, the Minister for Agriculture, Food and Forestry hereby certifies that _______ litres ( gallons) of milk quota, at present attached to the part of the holding containing _________________________________________________________________ hectares

situated at _______________________________________________________________________

(Folio No. ___________ County __________ , and outlined in red on the map attached to the said application shall attach to the part of the holding containing ________________________ hectares and situated at _______________________________________________________________________

Folio No. _________________________________, County ________________________________ ,

outlined in green on the said map from the date of the transfer referred to in the said application provided the proposed transfer referred to in the said application is made within three months of the date of this Certificate.

In accordance with Regulation 7 (5) of the European Communities (Milk Quota) Regulations, 1995, it shall be an offence to fail to notify the Minister in writing of the transfer within two months of the date of that transfer.

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

Signed: ________________________________________________________ (Authorised Officer).

Dated: _______________ day of ____________________ (month) __________________ (year).

CERTIFICATE NO:

FIFTH SCHEDULE

EUROPEAN COMMUNITIES (MILK QUOTA) REGULATIONS, 1995

Number I Certificate of Transfer of Milk Quota

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

Name: ___________________________________________________________________________

Address: _________________________________________________________________________

________________________________________________________________________________

for a Number I Certificate of Transfer under Regulation 7 of the European Communities (Milk Quota) Regulations, 1995, the Minister for Agriculture, Food and Forestry hereby certifies that entitlement to________________ _________________________ litres ( _ gallons) of milk quota, presently attached to the holding/part of the holding containing _____________________ hectares, and situated at _________________________________________________________________________________

_________________________________________________________________________________

Folio No. _____________________ County ____________________, outlined in red on the map attached to the said application, remains with the above named person for a period of one year and three months from the date of this Certificate provided that the proposed transfer is made

within three months of the date of this Certificate. Issued on behalf of the Minister for Agriculture, Food and Forestry.

Signed: ________________________________ (Authorised Officer).

Dated: __________ day of __________ (month) __________ (year).

CERTIFICATE NO:

SIXTH SCHEDULE

EUROPEAN COMMUNITIES (MILK QUOTA) REGULATIONS, 1995

Application Form under Regulation 7 of the above Regulations for a Number 1 Certificate of Attachment

1. I/We______________________________________________________________________

(Name(s) in BLOCK CAPITALS)

Address: ____________________________________________________________________

____________________________________________________________________________

hereby apply for a Number I Certificate of Attachment for the attachment of _____ litres ( ________ gallons) of milk quota referred to in No. I Certificate of Transfer No. ______________ which was granted: (√ as appropriate)

(i) □ to me

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

Name: ______________________________________________________________

Address: ____________________________________________________________

___________________________________________________________________

to the land containing ___________________________________________ hectares situated at ___________________________________________________________________

___________________________________________________________________

in the Townland (s) of __________________________________________________

and in the DED of _____________________________________________________

Folio No. ____________ County ___________, outlined in blue on the attached map.

2. INSTRUMENT OF TRANSFER

The said land was transferred to me/us by an instrument of transfer dated the ___________ day of ___________ (month) ___________ (year), a copy of which is attached.

3. TRANSFER OF LAND TO WHICH MILK QUOTA PREVIOUSLY ATTACHED

I/We, being the original applicant(s) for the transfer of quota or, being the personal representative of the original applicant now deceased, hereby confirm that the holding or part thereof referred to in Number I Certificate of Transfer No. _____________________________________________ ,

(complete (i) or (ii) as applicable):

(i) was transferred on the _____________ day of ______________ (month), _________________________ (year) and a copy of the instrument of transfer is attached,

(ii) is the subject of a contRact of sale, a copy of which is attached, made on the ____________________ day of _____________________ (month), _____________________ (year) by the above-mentioned deceased which is binding on his personal representative.

4. UNDERTAKING

I hereby undertake that it is my intention to continue in milk production.

Note: in a case provided for in sub-paragraph (h) of Regulation 7 (6) of the European Communities (Milk Quota) Regulations, 1995 an undertaking that it is the applicant's intention to engage in milk production is sufficient.

5. Signature(s) of Applicant(s): _______________________________________________

Date: _________________________________________________________________

NOTE: PLEASE ATTACH THE DOCUMENTATION REQUESTED AT 2. AND 3. ABOVE

SEVENTH SCHEDULE

EUROPEAN COMMUNITIES (MILK QUOTA) REGULATIONS, 1995

Number I Certificate of Attachment of Milk Quota

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

Name: ______________________________________________________________________

(BLOCK CAPITALS)

Address: ____________________________________________________________________

____________________________________________________________________________

for a Number I Certificate of Attachment under Regulation 7 of the European Communities (Milk Quota) Regulations, 1995, the Minister for Agriculture, Food and Forestry hereby certifies that _______ litres ( _________________ gallons) of milk quota, the subject of Number I Certificate of Transfer No. ___________ , shall be attached to the land containing __________________ hectares

situated at

_________________________________________________________________________________

Folio No. ____________ County ____________ , outlined in blue on the map attached to the said application, from the ____________ day of _____________ (month), _____________ (year), being the date of the transfer of the said land to the applicant.

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

Signed: _________________________________ (Authorised Officer).

Dated: _________ day of _________ (month), __________ (year).

CERTIFICATE NO:

EIGHTH SCHEDULE

EUROPEAN COMMUNITIES (MILK QUOTA) REGULATIONS, 1995

Number II Certificate of Retention of Milk Quota

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

Name: __________________________________________________________________

(BLOCK CAPITALS)

Address: _________________________________________________________________

_________________________________________________________________________

for a Number II Certificate of Retention under Regulation 8 of the European Communities (Milk Quota) Regulations, 1995, the Minister for Agriculture, Food and Forestry hereby certifies that _______ litres ( ________________ gallons) of milk quota, at present attached to the part of the holding containing ____________________ hectares

situated at __________________________________________________________________________________

_______________________________________________________________________________ ,

Folio No. _____________________________________ County _____________________________

outlined in red on the map attached to the said application shall attach to the part of the holding containing __________________ hectares situated at

_______________________________________________________________________________ ,

Folio No. ____________________________________ County __________________________ ,

outlined in green on the said map from the date of the transfer referred to in the said application provided the proposed transfer is made within three months of the date of this Certificate.

In accordance with Regulation 8 (5) of the European Communities (Milk Quota) Regulations, 1995, it shall be an offence to fail to notify the Minister in writing of the transfer within two months of the date of that transfer.

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

Signed: ________________________________________________________ (Authorised Officer).

Dated: _________ day of _________ (month), __________ (year).

CERTIFICATE NO:

NINTH SCHEDULE

EUROPEAN COMMUNITIES (MILK QUOTA) REGULATIONS, 1995

Number II Certificate of Transfer of Milk Quota

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

Name: _______________________________________________________________________

(BLOCK CAPITALS)

Address: ____________________________________________________________________

____________________________________________________________________________

for a Number II Certificate of Transfer under Regulation 8 of the European Communities (Milk Quota) Regulations, 1995, the Minister for Agriculture, Food and Forestry hereby certifies

that entitlement to ______________ litres ( ______________ gallons) of milk quota, at present attached to the holding/part of the holding containing _____________________________ hectares, and situated at ____________________________________________________________________________

______________________________________________________________________________

Folio No. _________ County _________ , outlined in red on the map

attached to the said application remains with the above-named person for a period of one year and three months from the date of this Certificate provided that the proposed transfer referred to in the application is made within three months of the date of this Certificate.

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

Signed: _________________________________ (Authorised Officer).

Dated: _________ day of _________ (month), __________ (year).

CERTIFICATE NO:

TENTH SCHEDULE

EUROPEAN COMMUNITIES (MILK QUOTA) REGULATIONS, 1995

APPLICATION FORM UNDER REGULATION 8 OF THE ABOVE REGULATIONS, FOR A NUMBER II CERTIFICATE OF RETENTION OR A NUMBER II CERTIFICATE OF TRANSFER OF MILK QUOTA OR BOTH ON THE TRANSFER OF LAND FOR THE PURPOSE OF IMPROVING THE STRUCTURE OF MILK PRODUCTION ON A HOLDING

THIS APPLICATION MUST BE SUBMITTED TO THE MINISTER FOR AGRICULTURE, FOOD AND FORESTRY BEFORE THE DATE OF THE PROPOSED TRANSFER

PART A

FOR COMPLETION BY TRANSFEROR

1. APPLICATION FOR RETENTION AND/OR TRANSFER OF QUOTA

I/We _______________________________________________________________________

(Name(s) in BLOCK CAPITALS)

Address: ____________________________________________________________________

____________________________________________________________________________

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

____________________________________________________________________________

and in the DED of ______________________________________________________________

hereby apply for: (√ as appropriate)

(i) □ Number II Certificate of Retention

AND/OR

(ii) □ Number II Certificate of Transfer

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

all □ OR that part □ (√ as appropriate)

of my holding containing _____________________________________________________ hectares

situated at _____________________________________________________________________

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

DED of ____________________________________________________________

Folio No. ________________ County ______________, and outlined in red on the attached map, which land it is proposed to transfer, on or after the ________ day of __________ (month) __________ (year) to:

Name of Transferee: _______________________________________________________________

(BLOCK CAPITALS)

Address: ________________________________________________________________________

________________________________________________________________________________

to: (√ as appropriate)

(a) □ the remainder of my present holding specified at No. 4 of this application;

AND/OR

(b) □ lands to be acquired by purchase, lease or inheritance.

2. UNDERTAKING

I/We hereby undertake that it is my/our intention to continue in milk production.

Note: in a case provided for in sub-paragraph (c) of Regulation 8 (2) of the European Communities (Milk Quota) Regulations, 1995 an undertaking that it is the applicant's intention to engage in milk production is sufficient.

3. DECLARATION OF OWNERSHIP

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

I/We declare that the land to be transferred was so owned by me/us before the 1st day of April, 1994, or by the following person from whom I/we acquired the land by way of inheritance:

Name: ______________________________________________________________________

Address: ____________________________________________________________________

____________________________________________________________________________

Note: A copy of the title documents must attached including, where the land being transferred has been acquired by inheritance, a copy of the instrument of transfer and/or any other supporting documentation.

Signature(s) of Applicant(s): __________________________________________________

Date: ______________________________________________________________________

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

I/We request a Number II Certificate of Retention for the attachment of the quota of the quota of _________________ litres ( _________________ gallons) to that part of my/our holding outlined in green on the attached map which comprises _________________________________ hectares,

situated at ___________________________________________________________________

in the Townland(s) of __________________________________________________________

and in the DED of _____________________________________________________________

Folio No. _________________ County _________________ , which is capable of producing that amount of quota.

The land outlined in green has: (√ as appropriate)

( a ) □ a quota of ______________ litres ( ______________ gallons) already attaching to such land;

( b ) □ there is no quota already attaching to such land.

Signature(s) of Applicant(s): __________________________________________________

Date: ______________________________________________________________________

5. FOR COMPLETION ONLY BY APPLICANTS WHO ARE SEEKING A NUMBER II CERTIFICATE OF TRANSFER

I hereby designate, in the event of my death, the following person as the beneficiary of the right to attach, on compliance with Regulation 8 (2), the milk quota in question to land to be purchased, inherited or leased:--

(i) Name of Beneficiary: ___________________________________________________

(BLOCK CAPITALS)

Address: ___________________________________________________________

__________________________________________________________________

Signature(s) of Applicant(s): ___________________________________________

Date: _____________________________________________________________

(ii) Name of Witness: ___________________________________________________

(BLOCK CAPITALS)

Address: ____________________________________________________________

____________________________________________________________________

Signature of Witness: __________________________________________________

Date: _________________________________________________________

(iii) Name of Witness: _____________________________________________________

(BLOCK CAPITALS)

Address: ____________________________________________________________

Signature of Witness: _________________________________________________

Date: ________________________________

Signed by the applicant in the presence of us and then signed by us in the presence of the applicant.

(Note: to be executed in accordance with the rules for the execution of a will set out in S.78 of the Succession Act, 1965 ).

6. DOCUMENTS TO BE SUBMITTED BY ALL APPLICANTS

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

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

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

(iii) a map or maps of the applicant's existing holding clearly indicating:

( a ) area to be transferred outlined in red,

and, in the case of an application for a Number II Certificate of Retention,

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

PART B

(FOR COMPLETION BY PROPOSED TRANSFEREE)

I/We_____________________________________________________________________

(Name(s) in BLOCK CAPITALS)

Address: ____________________________________________________________________

____________________________________________________________________________

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

Signature of proposed Transferee: ________________________________________________

Date: ______________________________________

ELEVENTH SCHEDULE

EUROPEAN COMMUNITIES (MILK QUOTA) REGULATIONS, 1995

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

1. LANDS TO WHICH QUOTA WILL ATTACH

I/We __________________________________________________________________

(Name(s) in BLOCK CAPITALS)

Address: _________________________________________________________________________

__________________________________________________________________________

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

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

(i) □ to me

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

Name: ___________________________________________________________________________

(BLOCK CAPITALS)

Address: ________________________________________________________________________

_______________________________________________________________________________

to the land containing _______________________________________________________ hectares

situated at _______________________________________________________________________

_______________________________________________________________________________

in the Townland(s) of

___________________________________________________________________________

and in the DED of _____________________________________________________________

Folio No. ________________ County ________________, outlined in blue on the attached map.

2. INSTRUMENT OF TRANSFER

The said land was transferred to me/us by an instrument of transfer dated the ____________________ day of ___________________ (month), ____________________________ (year), a copy of which is attached.

3. TRANSFER OF LAND TO WHICH MILK QUOTA PREVIOUSLY ATTACHED

I/We, being the original applicant(s) for the transfer of quota OR, being the personal representative of the original applicant now deceased, hereby confirm that the holding or part thereof referred to in Number II Certificate of Transfer No. ____________________________________________________________ ,

(complete (i) or (ii) as applicable):

(i) was transferred on the ______________ day of _______________ (month) _______(year), and a copy of the instrument of transfer is attached,

OR,

(ii) is the subject of a contract of sale, a copy of which is attached, made on the ___________ day of ___________ (month), __________________ (year) by the above-mentioned deceased which is binding on his personal representative.

4. UNDERTAKING

I hereby undertake that it is my intention to continue in milk production.

Note: in a case provided for in sub-paragraph (g) of Regulation 8 (6) an undertaking that it is the applicant's intention to engage in milk production is sufficient.

5. Signature(s) of Applicant(s): _____________________________________________________

Date: _______________________________________

NOTE: PLEASE ATTACH THE DOCUMENTATION REQUESTED AT 2. AND 3. ABOVE

TWELFTH SCHEDULE

EUROPEAN COMMUNITIES (MILK QUOTA) REGULATIONS, 1995

Number II Certificate of Attachment of Milk Quota

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

Name: ______________________________________________________________________

(BLOCK CAPITALS)

Address: ____________________________________________________________________

____________________________________________________________________________

for a Number II Certificate of Attachment under Regulation 8 of the European Communities (Milk Quota) Regulations, 1995, the Minister for Agriculture, Food and Forestry hereby certifies that __________ litres (________ gallons) of milk quota, the subject of Number II Certificate of Transfer No.__________________ , shall be attached to the land containing ___________________________________________________ hectares and situated at _____________________________________________________________________________

Folio No. ________________ County _________________, outlined in blue on the map attached to the said application, from the _____ day of ________________ (month) _______________ (year), being the date of the transfer of the said land to the applicant.

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

Signed: _____________________________________________________(Authorised Officer).

Dated:___________________ day of ____________________ (month), _____________ (year).

CERTIFICATE NO:

THIRTEENTH SCHEDULE

EUROPEAN COMMUNITIES (MILK QUOTA) REGULATIONS, 1995

Number III Certificate of Attachment of Milk Quota

On foot of the application dated ______________ day of ____________ (month), __________ (year) by

Name: ______________________________________________________________________

(BLOCK CAPITALS)

Address: ___________________________________________________________________

___________________________________________________________________________

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

being part □ all □ (√ as appropriate)

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

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

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

Signed: ________________________________(Authorised Officer).

Dated: ___________ day of __________ (month), ___________ (year).

CERTIFICATE NO:

FOURTEENTH SCHEDULE

EUROPEAN COMMUNITIES (MILK QUOTA) REGULATIONS, 1995

Notice of Intention to Transfer Milk Quota between Milk Purchasers

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

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

PRODUCER TRANSFER NOTICE NUMBER I

TO BE SENT TO THE EXISTING MILK PURCHASER

1. I/We ___________________________________________________________________

(Name(s)in BLOCK CAPITALS)

Address: ________________________________________________________________

________________________________________________________________________

hereby give notice to:

Name of existing Milk Purchaser: __________________________________________

(BLOCK CAPITALS)

Address: ________________________________________________________________

________________________________________________________________________

of my/our intention to transfer

__________________ litres (__________________ gallons) which is

all □ part □ (√ as appropriate)

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

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

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

Signed: _______________________________________________________________________

Dated:_________________ day of ________________________ (month), ________________ (year).

FIFTEENTH SCHEDULE

EUROPEAN COMMUNITIES (MILK QUOTA) REGULATIONS, 1995

NOTICE OF INTENTION TO TRANSFER MILK QUOTA BETWEEN MILK PURCHASERS

PRODUCER TRANSFER NOTICE NUMBER II

TO BE SENT TO THE NEW MILK PURCHASER

1. I/We ___________________________________________________________________

(Name(s)in BLOCK CAPITALS)

Address: _______________________________________________________________

_______________________________________________________________________

hereby give notice to:

Name of New Milk Purchaser: _______________________________________________

(BLOCK CAPITALS)

Address: ________________________________________________________________

________________________________________________________________________

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

all □ part □ (a as appropriate)

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

2. NAME OF EXISTING MILK PURCHASER

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

Name of Milk Purchaser: __________________________________________________

(BLOCK CAPITALS)

Address: _________________________________________________________________

_________________________________________________________________________

3. BUTTERFAT

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

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

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

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

All □ part □ (√ as appropriate)

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

6. EXPIRY OF NOTICE

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

Signed: ____________________________________________________________________

Dated:__________________ day of ________________ (month), __________________ (year).

SIXTEENTH SCHEDULE

EUROPEAN COMMUNITIES (MILK QUOTA) REGULATIONS, 1995

Application for Registration as a Sole Purchaser

1. I/We ____________________________________________________________________

(Name(s) in BLOCK CAPITALS)

Address: ________________________________________________________________

________________________________________________________________________

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

2. Location of the premises where the stock accounts, registers and other documents referred to in sub-paragraph (c) of Article 7.1 of Commission Regulation No. 536/93 may be inspected.

_______________________________________________________________________

3. Undertaking

I/We undertake

( a ) to keep up to date the stock accounts, registers and other documents referred to in sub-paragraph (c) of Article 7.1 of Commission Regulation No. 536/93;

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

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

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

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

Signed: _________________________________________________________________

Name: _________________________________________________________________

(BLOCK CAPITALS)

*Status: ________________________________________________________________

Date: ___________________________________________________________________

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

SEVENTEENTH SCHEDULE

EUROPEAN COMMUNITIES (MILK QUOTA) REGULATIONS, 1995

Application for Registration as a Group of Purchasers

PART I

1. I/We ______________________________________________________________________

(Name in BLOCK CAPITALS)

Address: ___________________________________________________________________

___________________________________________________________________________

hereby apply on behalf of

___________________________________________________________________________

(state name of Group of Purchasers)

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

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

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

__________________________________________________________________

4. Names and addresses of each member within this Group:

NAME OF MEMBER

ADDRESS

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

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

Signed: ____________________________________________________________________

Name: _____________________________________________________________________

(BLOCK CAPITALS)

*Status: ____________________________________________________________________

Date: _______________________________________________________________________

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

PART 2

1. NAME AND ADDRESS OF MEMBER OF GROUP OF PURCHASERS

NAME: ________________________________________________________________

(BLOCK CAPITALS)

ADDRESS: ____________________________________________________________

_______________________________________________________________________

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

3. PREMISES

Location of the premises where the stock accounts, registers and other documents referred to in sub-paragraph (c) of Article 7.1 of Commission Regulation No. 536/93 may be inspected:

_____________________________________________________________________

4. UNDERTAKINGS

( a ) I/We _______________________________________________ undertake to keep up to date the stock accounts, registers and other documents referred to in sub-paragraph (c) of Article 7.1 of Commission Regulation No. 536/93.

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

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

6. I hereby attach details of my/our collection area.

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

Signed: ________________________________________________________________

Name: _________________________________________________________________

(Block Capitals)

*Status: _______________________________________________________________

Date: __________________________________________________________________

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

EIGHTEENTH SCHEDULE

EUROPEAN COMMUNITIES (MILK QUOTA) REGULATIONS, 1995

Application for Registration as a Joint Purchaser

PART I

1. I/We __________________________________________________________________

(BLOCK CAPITALS)

Address: _______________________________________________________________

______________________________________________________________________

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

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

3. Name and address of each member.

NAME OF COMPANY

ADDRESS

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

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

Signed: ________________________________________________________________

Name: _________________________________________________________________

(BLOCK CAPITALS)

*Status: ________________________________________________________________

Date: ________________________________________________________________

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

PART 2

1. NAME AND ADDRESS OF COMPANY

NAME: ________________________________________________________________

(BLOCK CAPITALS)

ADDRESS: _____________________________________________________________

_______________________________________________________________________

2. I/We hereby state that I/we have designated

_______________________________________________________________________

(name of applicant)

as the applicant for the purposes of this application,

3. Location of the premises where the stock accounts, registers and other documents referred to in sub-paragraph (c) of Article 7.1 of Commission Regulation No. 536/93 may be inspected:

_____________________________________________________________________________

4. UNDERTAKINGS

( a ) I/We undertake to keep up to date the stock accounts, registers and other documents referred to in sub-paragraph (c) of Article 7.1 of Commission Regulation No. 536/93.

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

5. SUBMISSION OF PROOF OF POWER TO ACT AS A MILK PURCHASER

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

Signed: ________________________________________________________________

Name: _________________________________________________________________

(Block Capitals)

*Status: _______________________________________________________________

Date: __________________________________________________________________

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

EXPLANATORY NOTE.

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

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

	[Home] [Databases] [World Law] [Multidatabase Search] [Help] [Feedback]
	Irish Statutory Instruments
You are here: BAILII >> Databases >> Irish Statutory Instruments >> European Communities (Milk Quota) Regulations, S.I. No. 266/1995 URL: http://www.bailii.org/ie/legis/num_reg/1995/0266.html

Irish Statutory Instruments

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