S.I. No. 94 of 2000.

EUROPEAN COMMUNITIES (MILK QUOTA) REGULATIONS, 2000

EUROPEAN COMMUNITIES (MILK QUOTA) REGULATIONS, 2000

SCHEDULES

S.I. No. 94 of 2000 .

EUROPEAN COMMUNITIES (MILK QUOTA) REGULATIONS, 2000

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

CITATION AND COMMENCEMENT

1.       (1)      These Regulations may be cited as the European Communities (Milk Quota) Regulations, 2000.

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

INTERPRETATION

2.       (1)      In these Regulations -

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

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

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

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

“date of transfer” means -

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

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

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

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

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

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

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

“functions” includes powers and duties;

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(b)   supplying the purchaser,

or both;

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

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

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

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

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

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

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

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

“sole purchaser” means a purchaser who does not form part of a registered group of purchasers or a registered joint purchaser;

“subsidiary company” has the meaning that it has in section 155 of the Companies Act, 1963 .

(2)      A word or expression that is used in these Regulations and is also used in Council Regulation No. 3950/92 and Commission Regulation No. 536/93 or in any of them, shall, unless the contrary intention is expressed, have in these Regulations the meaning it has in those Regulations or in any of them.

(3)      A reference to a transfer of a holding or part thereof in these Regulations means a reference to a transfer by way of sale, lease, inheritance or gift under which the transferee takes possession of the transferred holding or part thereof.

(4)      A reference to a registered purchaser in these Regulations means a reference to a registered sole purchaser, a registered group of purchasers or a registered joint purchaser unless the contrary intention is expressed.

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

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

(7)      In the definition of “joint purchaser” in paragraph (1) a company which is a wholly owned subsidiary of a holding company (“the first holding company”) within the meaning of section 155 of the Companies Act, 1963 , shall also be deemed to be a wholly owned subsidiary of any other holding company (“the second holding company”) of which the first holding company is a wholly owned subsidiary and of any other holding company (“the third holding company”) of which the second holding company is a wholly owned subsidiary and of any other holding company (“the fourth holding company”) of which the third holding company is a wholly owned subsidiary and of any further holding company of which the fourth holding company is a wholly owned subsidiary and so on. Any such holding company shall, for the purposes of that definition, be deemed to be the holding company of any such wholly owned subsidiary. Furthermore, in the definition, a company shall be deemed to be wholly owned by an industrial and provident society if, for those purposes, it is or is deemed to be a wholly owned subsidiary of a holding company where that holding company is owned by that society.

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

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

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

COMPETENT AUTHORITY

3.      The Minister shall be the competent authority for the purposes of Council Regulation No. 3950/92 and Commission Regulation No. 536/93.

ATTACHMENT OF QUOTA TO LAND

4.      (1)      In this Regulation “land used for milk production” means all the areas used whether solely or in common 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 such animals.

(2)      For the purposes of these Regulations, a milk quota shall be deemed to be attached to the land used for milk production in the last milk quota year, prior to the milk quota year (“the year of transfer”) in which a transfer takes place or in which an application is made under Regulation 19, 20, 21 or 22 , in which the amount of milk deliveries in the case of a delivery quota or the quantity sold or transferred free for direct consumption in the case of a direct sales quota of the transferor was equal to or greater than 90 per cent of the quota in question minus -

(a)   any quota added thereto in the year of transfer or in the year before the year of transfer by means of a reallocation in accordance with Regulation 35 of the Regulations of 1995 or Regulation 26, and

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

(3)      In a case where there was no year in which the amount of milk deliveries or sales referred to in paragraph (2) was achieved then for the purposes of these Regulations, no quota shall be deemed to be attached to any land except in accordance with a certificate of the Minister given under paragraph (4).

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

(5)      Where the amount of milk deliveries or sales referred to in paragraph (2) was achieved entirely or partly on land held by the producer under a lease or licence or other limited interest then, for the purpose of these Regulations, no quota shall be deemed to be attached to any land except in accordance with a certificate of the Minister given under paragraph (6).

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

RESTRICTION ON THE TRANSFER OF MILK QUOTA

5.      (1)       Subject to the exceptions provided for in Regulations 6, 7, 8, 9, 10 and 11, where any holding, or part thereof, is transferred the milk quota attached to that holding or part thereof shall not be transferred to the person to whom that transfer is made:

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

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

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

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

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

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

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

(5)      The Minister may make a determination of the cases of transfers referred to in paragraph 1 of Article 7.1 of Council Regulation No. 3950/92 where any part of the milk quota is not transferred with the holding and is added to the national reserve.

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

(7)      A person who purports to transfer or to acquire a milk quota, other than in accordance with these Regulations, shall be guilty of an offence.

TRANSFER OF LAND AND MILK QUOTA - FAMILY TRANSACTIONS

6.      (1)       Notwithstanding the provisions of paragraph (1) of Regulation 5 and in the case of a sale subject to paragraph (8) of Regulation 26 where any holding or part thereof is transferred by sale, lease, gift or inheritance by a person to a relative of that person as defined in paragraph (2) the milk quota attached to that holding or part thereof shall be transferred by virtue of this Regulation to the person to whom that transfer is made.

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

(a)   the spouse,

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

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

(d)   the grandparent,

(e)   an uncle or aunt,

of that other person.

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

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

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

PERMANENT TRANSFER OF LAND AND MILK QUOTA

7.      (1)       Notwithstanding paragraph (1) of Regulation 5, and in the case of a sale subject to paragraph (8) of Regulation 26, where a producer, or where the producer is deceased, his or her legal personal representative, proposes to transfer by way of sale or gift, or in the case of inheritance to vest, the producer's holding, or part thereof, to which a milk quota attaches, the producer, or where appropriate, the legal personal representative may before the proposed transfer or vesting has been made apply to the Minister for a Certificate (in the form set out in the First Schedule and referred to in these Regulations as “Certificate of Entitlement to Transfer Milk Quota”) that the milk quota attached to that holding or part thereof proposed to be transferred shall, in the event of such transfer, be transferred to the transferee.

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

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

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

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

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

(i)   the entire of the holding,

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

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

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

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

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

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

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

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

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

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

PARTNERSHIPS

8.      (1)       The Minister may make general rules which shall apply to producers who propose to farm in partnership.

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

PURCHASE OF MILK QUOTA BY LESSEE

9.      (1)       Subject to paragraphs (2) and (3), a lessee of land and quota may, on expiry or the earlier determination of the lease, purchase the leased quota with or without the land subject of the said lease agreement in whole or in part from the lessor:

Provided that that lessee is a producer.

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

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

(a)   the original lessee, or

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

RENEWALS OF LAND AND QUOTA LEASES

10.    (1)       Notwithstanding paragraph (1) of Regulation 5, where a lease of land to which quota attaches is renewed or provided the lessee remains in possession of the lands subject of the lease is renewed within a period of 6 months of the date of expiry, the said quota shall be transferred to the lessee for the term of the renewal.

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

(a)   the original lessee, or

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

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

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

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

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

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

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

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

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

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

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

11.    (1)       Where a person purchases land on expiry or earlier determination of a lease which was executed on or after 13 October 1999 and prior to 1 April 2000 the entitlement to the relevant quota shall pass to him or her notwithstanding paragraph (1) of Regulation 5.

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

(a)   the original lessee, or

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

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

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

12.    (1)       Where a lease of any land to which a milk quota attaches expires or is earlier determined, that milk quota shall be transferred to the lessor of such land on that expiry or determination unless Regulation 9 or 22 have been availed of.

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

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

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

13.    (1)       Where, pursuant to Regulation 4 of the Regulations of 1995, entitlement to a milk quota has been acquired on foot of a purchase of lands on or after 13 October 1999 and prior to 1 April 2000, the milk quota so acquired shall remain attached to such lands until 31 March 2008.

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

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

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

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

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

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

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

14.    Where a person made an application under Regulation 6 of the Regulations of 1995, for the transfer of quota on foot of a land lease agreement, such lease must have been executed on or before the 31 March 2000 effective from a date prior to 1 April 2000 and where applicable must also have received sub-division consent under section 12 of the Land Act, 1965 , on or before 7 April, 2000.

IMPOSITION OF LEVY

15.    A person to whom a transfer referred to in Regulations 6, 7, 8, 9, 10, 11 or 12 is made and who knowingly delivers or offers for delivery to a purchaser, with the intention that the milk should be recorded against the transferred quota, where any or all or the provisions of those Regulations, have not been complied with, such milk may be liable for levy in accordance with Council Regulation No. 3950/92.

QUOTA ATTACHED TO LAND SITUATED IN LESS FAVOURED AREAS

16.    (1)      In the case of a transfer of milk quota in accordance with these Regulations, attached to a holding or part thereof situated in 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)      Paragraph (1) shall not apply to a quota transferred by way of a renewal of a lease of the land in accordance with Regulation 10 or to quota purchased on expiry or earlier determination of a lease of land in accordance with Regulation 9 where such lease

(a)   existed on or before 4 October 1995;

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

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

(i)   the original lessee, or

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

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

RECORDING OF MILK QUOTA TRANSFERS

17.     (1)      Where there is a transfer of milk quota in accordance with these Regulations, the producer to whom the transfer is made shall, within 2 months of the date of transfer, give the documents referred to in paragraph (2) -

(a)   in the case of a delivery quota, to the purchaser to whom the quota is attached, or

(b)   in the case of a direct sales quota, to the Minister.

(2)      For the purposes of paragraph (1) the documents are -

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

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

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

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

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

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

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

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

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

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

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

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

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

(3)      Where paragraph (1) is complied with, the amount of the milk quota in question which subject to paragraph (4) has not been used by the transferor in the milk quota year in which the transfer takes place shall be transferred to the producer to whom that holding or part thereof is transferred with effect from the date of that transfer.

(4)      Where paragraph (1) is complied with, any unused quota attached to the holding or part thereof in question shall not, except in the case of a transfer by way of inheritance or gift in accordance with Regulations 6 and 7, be treated as part of the transferee's milk quota entitlement for the milk quota year in which the transfer of the holding or part thereof takes place but shall be treated as if it remained unused milk quota available for re-allocation by the Minister in respect of that milk quota year unless the transfer takes place before 31 December in that milk quota year and the documents referred to in paragraph (2) are given -

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

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

before 31 December.

(5)      Where a milk quota is transferred to a lessor as a result of the expiry of a lease in accordance with Regulation 12, nothing in this Regulation shall require the submission of a Milk Quota Transfer Form in relation to that transfer of quota.

(6)      The documents referred to in paragraphs (2) and (10) and in paragraphs (2) and (10) of Regulation 6 of the Regulations of 1995 shall be kept until 31 March 2009, by the registered purchaser or the Minister, as appropriate.

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

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

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

(10)     Subject to paragraph (12) , the Minister may make a declaration, on an application being made to him or her under paragraph (8), that the milk quota in question may, provided that the provisions of paragraph (1) are fulfilled, be transferred with effect from the date of the application or such other date as the Minister thinks proper.

(11)     Where the Minister makes a declaration under paragraph (10) the applicant shall give a copy of such a Declaration to the purchaser to whom the quota in question is attached and shall provide him or her with such documents as the Minister may specify.

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

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

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

before 31 December.

TRANSFER OF LAND WITHOUT MILK QUOTA

18.    Subject to paragraphs (3) and (4) of Regulation 5 and paragraphs (1) and (2) of Regulation 13, where a person who is entitled to a milk quota wishes to transfer, by way of sale or lease, his or her holding or part thereof to which that quota is attached and wishes to retain entitlement to the milk quota, he or she may apply to the Minister for one of the following:

(a)      in accordance with Regulation 19 a certificate of retention of milk quota (in the form set out in the Sixth Schedule and referred to in these Regulations as a “Certificate of Retention of Milk Quota”) certifying that the milk quota attached to the lands proposed to be so transferred shall, in the event of such transfer, be attached to such remainder of the transferor's holding as may be specified in the certificate,

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

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

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

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

CERTIFICATES OF RETENTION AND HOLDING OF MILK QUOTA

19.     (1)      On receipt of an application under Regulation 18 in the form set out in the Tenth Schedule, the Minister may grant:

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

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

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

Provided that each of the following requirements is satisfied:

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

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

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

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

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

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

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

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

(B)  any part of the boundary of the lands to which the milk quota is to be attached where those lands comprise of contiguous lands, or any part of the boundary of the largest part of the lands to which the milk quota is to be attached where those lands do not comprise of contiguous lands

does not exceed 48 kilometres.

(viii) subparagraph (vii) shall not apply in a case where a public authority possessing compulsory purchase powers has given formal notice of its intention to exercise those powers in respect of such a holding to which a milk quota is attached.

(2)      Where a Certificate of Retention of Milk Quota is granted, the milk quota shall be attached to any remainder of the transferor's holding specified in that certificate and in accordance with that certificate from the date on which the proposed transfer referred to in that certificate is made:

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

(3)      Where a transfer in relation to which a Certificate of Retention of Milk Quota has effect is made, the transferor shall notify in writing the Minister within 3 months of the date of that transfer, that the transfer has been made and shall furnish the Minister with such other information as the Minister may require.

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

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

(6)      Where a person transfers by sale any part of a holding which is not more than half of one hectare in size and such part is one to which a milk quota is attached, such milk quota shall be attached to the remainder of the transferor's holding from the date of the transfer provided that that remainder is capable of producing that amount of quota.

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

CERTIFICATE OF ATTACHMENT OF MILK QUOTA

20.     (1)      On receipt of an application in the form set out in the Eleventh Schedule, the Minister may grant a certificate referred to in paragraph (b) of Regulation 18 as a Certificate of Attachment of Milk Quota provided that the applicant -

(a)   has a Certificate of Holding of Milk Quota in respect of the milk quota to be attached pursuant to the certificate applied for;

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

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

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

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

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

(ii)   any part of the boundary of the lands to which the milk quota is to be attached where those lands comprise of contiguous lands, or any part of the boundary of the largest part of the lands to which the milk quota is to be attached where those lands do not comprise of contiguous lands

does not exceed 48 kilometres;

(e)   subparagraph (d) shall not apply in a case where a public authority possessing compulsory purchase powers has given formal notice of its intention to exercise those powers in respect of such a holding to which a quota is attached;

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

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

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

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

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

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

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

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

CERTIFICATE OF TEMPORARY RETENTION OF MILK QUOTA

21.     (1)      Where a person proposes to transfer lands or, in the case of inheritance, where the legal personal representative proposes to vest lands, and where any milk quota as attaches to such lands is restricted from being transferred by reason of the provisions of Regulation 5, and where the provisions of Regulation 6 or 7 are either not applicable or are not availed of, he or she may apply to the Minister for a certificate referred to in paragraph (d) of Regulation 18 as a Certificate of Temporary Retention of Milk Quota that in the event of such transfer, the applicant shall retain entitlement to the milk quota attached to that holding or part thereof which he or she proposes to transfer for the period specified in the certificate.

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

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

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

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

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

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

(5)      Where a transfer of land in relation to which a Certificate of Temporary Retention of Milk Quota has effect is made, the transferor shall notify in writing the Minister within 3 months of the date of that transfer, that the transfer has been made and shall furnish the Minister with such other information as the Minister may require.

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

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

22.    (1)       Where a producer or his or her predecessor-in-title established quota on lands held under a lease, licence or other limited interest, which is 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 or her 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,

(b)   in the case of a lease or licence or other limited interest terminating by the expiration of a term of years or other certain period or by any other certain event, not less than 3 months before such termination, or

(c)   in the case of a lease or licence or other limited interest which has expired by termination of possession, not more than 3 months after such termination or within 3 months from the date on which notification of termination has been given, whichever is the earlier.

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

(4)      A declaration under paragraph (1) shall not be made unless the applicant for such declaration supplies such information as the Minister may request and the Minister is satisfied that any person who has an interest in the proposed declaration has been given notice in writing of the consideration by the Minister of the matter and has had an opportunity to submit observations in writing in that behalf.

(5)      Where an application has been made under paragraph (1), the Minister may stay the operation of paragraph (1) of Regulation 12 for a period not exceeding 6 months.

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

(7)      On an application in writing being made within 2 months of the expiry of a period referred to in paragraph (2) the Minister may extend the time for making an application referred to in that paragraph where he or she is satisfied that a failure to make such an application was due to some reasonable cause.

(8)      On receipt of an application, the Minister may grant a certificate referred to in these Regulations as a Certificate of Attachment of Milk Quota provided that the applicant satisfies each of the following requirements, namely, he or she -

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

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

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

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

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

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

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

(10)     Where no Certificate of Attachment of Milk Quota has been granted in respect of all or part of the milk quota included in the declaration referred to in paragraph (1) during the period of one year and 3 months specified in paragraph (6) or a longer period as provided for in paragraph (7) then all or that part of that milk quota shall be added to the national reserve unless the Minister grants a Certificate of Temporary Retention of Milk Quota referred to in Regulation 21.

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

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

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

(14)     The Minister may add to the national reserve a milk quota to which a person was entitled by virtue of an expired lease referred to in paragraph (11) or paragraph (12) where no application under paragraph (1) has been made.

DORMANT MILK QUOTAS - SURRENDER TO THE NATIONAL RESERVE

23.    (1)       Every purchaser shall on, or before, 15 May each year give to the Minister in writing the name and address, and details of the quota, of every person 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 the temporary transfer of milk quota authorised by the Minister under Regulation 27 or in the case of the milk quota year ending on 31 March 2000, Regulation 16 of the Regulations of 1995.

(2)      If a person who has a direct sales milk quota did not sell or offer for sale any milk or milk products during a milk quota year and did not during that year make a temporary transfer of milk quota pursuant to a scheme for the temporary transfer of milk quota authorised by the Minister under Regulation 27, or in the case of the milk quota year ending 31 March, 2000, Regulation 16 of the Regulations of 1995, he or she shall, on or before, 15 May next following that milk quota year notify the Minister in writing of those facts.

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

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

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

(6)      Where a period of time referred to in paragraph (4) of Regulation 20 or in paragraph (10) of Regulation 22 includes a period of 9 months or a longer period of a milk quota year or a lesser period where such a period of time expires in any milk quota year after 30 September then the power of the Minister under paragraph (4) shall not be exercisable on account of non-production in that milk quota year by the person entitled to a quota referred to in paragraph (4) of Regulation 20 or in paragraph (10) of Regulation 22 in respect of such quota.

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

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

DORMANT MILK QUOTAS - PART SURRENDER TO THE NATIONAL RESERVE

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

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

(b)   delivering to a purchaser,

or both

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

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

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

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

or both

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

(3)      In the case of a person referred to in paragraph (1) or (2) or in any other case where the Minister has reason to suspect that a producer who has a direct sales quota or a delivery quota did not meet the requirements of paragraphs (1) and (2) in a milk quota year, the Minister may, before the 31 August in the following milk quota year, or within 3 months as appropriate, serve a notice on the person stating that he or she is considering adding all or part of the milk quota of that person to the national reserve and informing him or her that if he or she wishes to make any observations he or she may do so within 30 days of the date of the service of the notice.

(4)      The Minister shall notify the person concerned in writing whenever an addition of his or her quota or part thereof is made to the national reserve.

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

(6)      Where a producer whose quota or part thereof has been added to the national reserve under this Regulation resumes or proposes to increase production of milk he or she shall be reallocated that quota or part thereof no later than 1 April following the date of his or her application, in accordance with Article 5 of Council Regulation No. 3950/92:

Provided that such an application has been received by the Minister prior to the 1st day of the preceding January.

(7)      Where a period of time referred to in paragraph (4) of Regulation 20 or in paragraph (10) of Regulation 22 includes 9 months or a longer period of a milk quota year or a lesser period where such a period of time expires in any milk quota year after 30 September then the power of the Minister under paragraph (4) shall not be exercisable on account of non-production in that milk quota year by the person entitled to a quota referred to in paragraph (4) of Regulation 20 or in paragraph (10) of Regulation 22 in respect of such quota.

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

NATIONAL RESERVE

25.    (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 newspaper published and circulating in the State.

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

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

RESTRUCTURING OF MILK QUOTA

26.    (1)       The Minister may introduce a scheme, referred to in these Regulations as the “Milk Quota Restructuring Scheme”, under Article 8(b) of Council Regulation No. 3950/92 for the surrender of milk quota at the end of each milk quota year and the reallocation of the surrendered quota at the beginning of the subsequent milk quota year.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

TEMPORARY TRANSFER OF MILK QUOTA

27.    (1)       The Minister shall each year introduce a scheme under the provisions of Article 6.1 of Council Regulation No. 3950/92 for the temporary transfer of milk quota, to be referred to in these Regulations as the “Temporary Leasing Scheme”, by a date to be determined by him or her.

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

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

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

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

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

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

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

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

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

ALLOCATION OF UNUSED QUANTITIES

28.    For the purpose of Article 2.4 of Council Regulation No. 3950/92 the Minister may, by notice published in a newspaper, published and circulating in the State, 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.

DEFINITIVE DISCONTINUATION OF MILK PRODUCTION

29.    (1)       Any producer who surrenders his or her milk quota entitlement under a scheme established by legislation of the European Communities for the purpose of the definitive discontinuation of milk production and who after such surrender 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) shall be guilty of an offence.

PERMANENT TRANSFER OF DIRECT SALES AND DELIVERY QUOTAS

30.    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 delivery 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 31 October in the milk quota year in which he or she wishes that increase or establishment to commence.

REGISTER OF MILK PURCHASERS

31.    (1)       The Minister shall maintain a register of purchasers to be known in these Regulations 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 31 March 1994, unless he or she is a registered purchaser shall be guilty of an offence.

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

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

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

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

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

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

(6)      The proof required for the purposes of paragraph (a) of Regulation 32, paragraph (1) (c) of Regulation 33 and paragraph (b) Regulation 34 shall be -

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

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

SOLE PURCHASER

32.    A sole purchaser shall not be registered under paragraph (5) of Regulation 31 unless -

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

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

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

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

GROUP OF PURCHASERS

33.    (1)       A group of purchasers shall not be registered under paragraph (5) of Regulation 31 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 (6) of Regulation 31 that it has the legal authority to buy milk where that member is not an individual,

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

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

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

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

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

JOINT PURCHASER

34.    A joint purchaser shall not be registered under paragraph (5) of Regulation 31 unless:

(a)      each member provides its name and address;

(b)      each member provides proof in accordance with paragraph (6) of Regulation 31 that it has the legal authority to buy milk;

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

(d)      each member which is wholly owned by an Industrial and Provident Society provides the Minister with proof that it is so owned within the meaning of Regulation 2;

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

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

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

NOTIFICATION OF REGISTRATION

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

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

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

REMOVAL OR ALTERATION OF REGISTRATION

36.    (1)       The Minister may remove the reference to a registered sole purchaser from the Register if, where he or she is not an individual, he or she ceases to have the legal authority to act as a purchaser or if he or she ceases to have premises of the type referred to in Regulation 32 (b) or if he or she breaches either of the undertakings referred to in Regulation 32 (c) and (d), 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) 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 33, or if they breach any of the undertakings referred to in Regulation 33 (1) (f) or (g), or if the members repeatedly fail to comply with any other obligation under Council Regulation No. 3950/92 or Commission Regulation No. 536/93, or if the provisions of paragraph (13) apply to the members, or if the statement referred to in paragraph (1) (d) of Regulation 33 is no longer correct or, if the designated person ceases to carry out the operations or ceases to have the premises referred to in paragraph (1) (d) of Regulation 33 or if they cease to be a group.

(3)      In the case of a registered group of purchasers consisting of only 2 members, the Minister may remove the reference to the group of purchasers from the Register where one member who is not an individual ceases to have the legal authority to act as a purchaser, or if one of the members ceases to have premises of the type referred to in paragraph (1) (e) of Regulation 33, or if one of the members breaches the undertaking referred to in paragraph (1) (f) or (g) of Regulation 33, or if one of the members repeatedly fails to comply with any other obligation under Council Regulation No. 3950/92 or Commission Regulation No. 536/93, or if the provisions of paragraph (13) apply to one of the members, or if the statement referred to in paragraph (1) (d) of Regulation 33 is no longer correct.

(4)      The Minister may amend the registration of a group of purchasers by deleting the reference to one or more members where one or more of the members ceases to have the legal authority to act as a purchaser or ceases to have premises of the type referred to in paragraph (1) (e) of Regulation 33, or if one or more of the members breaches the undertaking referred to in paragraph (1) (f) or (g) of Regulation 33, or if one or more of the members repeatedly fails to comply with any other obligation under Council Regulation No. 3950/92 or Commission Regulation No. 536/93, or if the provisions of paragraph (13) apply to one or more of the members, or if the statement referred to in paragraph (1) (d) of Regulation 33 is no longer correct with regard to one or more of the members.

(5)      The Minister may amend the registration of a group of purchasers on an application in the form set out in the Fifteenth Schedule for the addition of one or more additional members to that group of purchasers provided the conditions of paragraph (1) of Regulation 33 have been complied with.

(6)      The Minister may remove a joint purchaser from the Register if the members cease to have the legal authority to act as a purchaser, or if the members cease to have premises of the type referred to in Regulation 34 (e), or if the members breach the undertaking referred to in Regulation 34 (f) or (g), or if the members repeatedly fail to comply with any other obligation under Council Regulation No. 3950/92 or Commission Regulation No. 536/93, or if the provisions of paragraph (13) apply to the members, or if they cease to be a joint purchaser.

(7)      In the case of a joint purchaser consisting of only 2 members the Minister may remove the reference to the joint purchaser from the Register where one member ceases to have the legal authority to act as a purchaser, or if one member ceases to have premises of the type referred to in Regulation 34 (e) or if one member breaches the undertaking referred to in Regulation 34 (f) or (g), or if one member repeatedly fails to comply with any other obligation under Council Regulation No. 3950/92 or Commission Regulation No. 536/93, or if the provisions of paragraph (13) apply to one member, or if the members cease to be a joint purchaser.

(8)      The Minister may amend the registration of a joint purchaser by deleting the reference to one of the members from the register if that member ceases to have the legal authority to act as a purchaser, or if that member ceases to have premises of the type referred to in Regulation 34 (e), or if that member breaches the undertaking referred to in Regulation 34 (f) or (g), or if that member has repeatedly failed to comply with any other obligation under Council Regulation No. 3950/92 or Commission Regulation No. 536/93, or if the provisions of paragraph (13) apply to the member, or if that member ceases to be a member of the joint purchaser.

(9)      The Minister may amend the registration of a joint purchaser on an application in the form set out in the Sixteenth Schedule for the addition of one or more members to that joint purchaser provided the conditions of Regulation 34 have been complied with.

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

(11)     Whenever the Minister is considering whether to remove a group of purchasers from the Register, or to amend the registration of a group of purchasers by deleting a member or members from, or adding a member or members to, the Register, he or she shall notify each member of that group and the designated person referred to in paragraph 1(d) of Regulation 33 in writing of that fact and each member and that designated person may make observations in writing to the Minister within 30 days of the date of service of the notice.

(12)     Whenever the Minister is considering whether to remove the reference to a joint purchaser from the Register, or to amend the registration of a joint purchaser by deleting a member or members from, or adding a member or members to, the Register, he or she shall notify each member of that joint purchaser in writing of that fact and each member of that joint purchaser may make observations in writing to the Minister within 30 days of the date of service of the notice.

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

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

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

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

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

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

ACCESS TO REGISTER

37.    (1)       The Minister shall publish in a newspaper published and circulating in the State 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 6 months of the coming into operation and shall publish in a newspaper published and circulating in the State a notice of any amendments thereto.

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

TRANSFER OF MILK QUOTA BETWEEN MILK PURCHASERS

38.    (1)       The Minister shall establish, from time to time, the total of any delivery quotas attached to each purchaser, for the purpose of these Regulations and Council Regulation No. 3950/92 and Commission Regulation No. 536/93.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

MILK PURCHASER'S ANNUAL DECLARATION

39.    (1)       Before 15 May each year, a purchaser shall forward to the Minister a statement setting out the sum total of the delivery quotas attached to him in the previous milk quota year and in respect of any milk and any milk equivalent delivered to him 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 delivered during the milk quota year, and

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

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

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

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

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

CALCULATION OF LEVY

40.     For the purpose of Article 2.1 of Council Regulation No. 3950/92 the contribution towards the levy of the producers who make wholesale deliveries shall be established, in accordance with that Article, at the level of the purchaser.

COLLECTION OF LEVY

41.    (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 provided for in Article 3.2 of Commission Regulation No. 536/93 or the penalty provided for in Article 4.2 of the Commission Regulation No. 536/93 shall be paid to the Minister by the person from whom it is due in accordance with the Council Regulation No. 3950/92, Commission Regulation No. 536/93 and these Regulations.

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

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

(4)      A person who is liable-under these Regulations to pay to the Minister an amount due on foot of the levy and fails to do so shall be guilty of an offence.

DEDUCTION OF LEVY BY MILK PURCHASERS

42.    (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) shall be paid by the purchaser into a bank account kept by him for that purpose and no other monies shall be paid into that account and any interest earned on that account which may reasonably be attributed to an amount so deducted shall be paid to the producer.

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

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

RECOVERY OF LEVY

43.     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 41 or in any prosecution for an offence under these Regulations, a certificate purporting to be signed by an authorised officer certifying that he or she has inspected the records of the Minister and the records of a particular purchaser or direct sales producer, and it appears from those records that the purchaser or producer is liable to pay to the Minister, levy, 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.

CERTIFICATION OF OUTSTANDING LEVY

44.     For the purposes of any proceedings under paragraph (4) of Regulation 42 a certificate purporting to be signed by an authorised officer certifying that he or she 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.

MILK DELIVERIES TO A MILK PURCHASER

45.    (1)       A producer who delivers milk to a purchaser who is not registered in the Register referred to in Regulation 31 shall be guilty of an offence.

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

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

MAINTENANCE OF RECORDS - MILK PURCHASERS

46.    A purchaser who fails to comply with any of the obligations in Article 7.1 (c) or (d) of Commission Regulation No. 536/93 or maintains records which are false or misleading in a material sense, shall be guilty of an offence.

OBLIGATIONS AND LIABILITIES OF, AND PENALTIES FOR MILK PURCHASERS

47.    (1)       The obligations, liabilities, or penalties, the imposition of which are provided for or referred to in Regulations 48 and 49, 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 39, 41, 52 or 56, then, in the case of a registered joint purchaser or a registered group of purchasers, proceedings in respect of that offence may be instituted against all or any of the members of such registered joint purchaser or registered group of purchasers and any such member or members may be dealt with in such proceedings notwithstanding any failure to institute proceedings against any other member.

RECORDING OF MILK DELIVERIES BY MILK PURCHASERS

48.    (1)       When milk or other milk products are collected at a holding by a purchaser or his or her agent, the purchaser or his or her 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 other milk products and 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) shall be made by the purchaser or his or her agent at the time of delivery.

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

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

RECORDING OF MILK DELIVERIES AGAINST A MILK QUOTA

49.    (1)       Where a person who delivers or offers for delivery to a purchaser with the intention that the delivery be recorded against his or her delivery quota in the records of that purchaser, milk which has not been produced by him or her on a holding operated by him or her, such milk may be liable for levy in accordance with Council Regulation (EEC) No. 3950/92.

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

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

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

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

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

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

END OF MILK QUOTA YEAR STATEMENTS FOR INDIVIDUAL MILK PRODUCERS

50.     A milk purchaser who does not establish at the end of a milk quota year a statement in respect of each producer from whom it accepted delivery of milk during such milk quota year containing the following information:

(a)      the producer's milk quota entitlement,

(b)      the representative fat level associated with such quota

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

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

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

shall be guilty of an offence.

FAT CONTENT OF MILK DELIVERIES

51.    (1)       Subject to paragraph (5), 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 2 months notice of any determination of the fat content of milk delivered by him or her.

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

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

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

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

SUBMISSION OF INFORMATION

52.    (1)       The Minister may from time to time request in writing from all or any of the following, sole purchasers, registered groups of purchasers, registered joint purchasers, individual purchasers, all or any of the following information:

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

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

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

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

(e)   transfers recorded under Regulation 17,

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

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

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

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

MAINTENANCE OF RECORDS - DIRECT SALES PRODUCERS

53.     A direct sales producer who fails to comply with any of the obligations in Article 7.1 (f) of Commission Regulation No. 536/93 or maintains records which are false or misleading in a material sense shall be guilty of an offence.

DIRECT SELLERS - SUBMISSION OF ANNUAL DECLARATION

54.    (1)       Before 15 May each year, a direct sales producer shall forward to the Minister a declaration summarising by product the quantity of milk or other milk products sold directly for consumption and/or to wholesalers, cheese maturers and the retail trade.

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

APPOINTMENT OF AUTHORISED OFFICERS

55.    (1)       The Minister may appoint any person as he or she sees fit to be an authorised officer 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.

AUTHORISED OFFICERS

56.    (1)       An authorised officer may for the purposes of these Regulations do all or any of the following, namely, -

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

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

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

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

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

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

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

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

(iii)  extract any information constituting such data, or

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

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

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

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

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

(5)      In this Regulation -

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

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

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

FUNCTIONS PERFORMED BY AUTHORISED OFFICERS

57.    The functions conferred on the Minister by Regulations 7, 8, 15, 17, 19, 20, 21, 22, 23, 27, 31, 35, 36, 49 and 52 may be performed by an authorised officer.

POWERS OF THE MINISTER - EXCEPTIONAL CIRCUMSTANCES

58.    The Minister may, in exceptional circumstances, waive the time limit for the submission of the relevant documentation, referred to in paragraphs (4) and (12) of Regulation 17, provided that failure to comply with the said time limit was due to some reasonable cause.

OFFENCES

59.    (1)       A person who is guilty of an offence under Regulations 5(7), 26(12), 29(1), 29(2), 31(2), 39(3), 41(4), 42(4), 45(1), 45(3), 46, 48(4), 49(2), 49(3), 49(4), 49(5), 49(6), 49(7), 51(6), 53, 54(2) and 56(2) shall be liable on summary conviction to a fine not exceeding £1,500, or to imprisonment for a term not exceeding 12 months or to both.

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

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

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

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

OFFENCES BY CORPORATE BODIES

60.    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.

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

61.    (1)      Subject to this Regulation, the Regulations of 1995 are hereby revoked.

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

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

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

_____________________________

JOE WALSH,

MINISTER FOR AGRICULTURE, FOOD AND RURAL DEVELOPMENT

FIRST SCHEDULE

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

CERTIFICATE OF ENTITLEMENT TO TRANSFER MILK QUOTA

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

Name: ________________________________________________________________________

Address: ______________________________________________________________________

______________________________________________________________________________

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

______________________________________________________________________________

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

______________________________________________________________________________

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

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

Signed:     _________________________________________________ (Authorised Officer).

Dated:       ____________ (day) ________________ (month) ______________(year).

SECOND SCHEDULE

EUROPEAN COMMUNITIES (MILK QUOTA) REGULATIONS, 2000

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

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: _________________________________________________________________

_________________________________________________________________________

being (delete as appropriate)/the legal personal representative(s) of _________________________________________________________ (Deceased) late of ___________________________________________________________________ /owner of a holding containing in all __________________________ hectares and situated in the townlands of _________________________________________________________________________, (Folio Number(s) _________________________ County ___________________________)

hereby apply for a Certificate of Entitlement to Transfer Milk Quota

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

SECOND SCHEDULE: PAGE 2

2.      DECLARATION OF OWNERSHIP

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

Name(s): ______________________________________________________________

Address: ______________________________________________________________

Signature(s) of Applicant(s): ________________________________________________

Status of Applicant:  _______________________________________________________

Date: _____________________________________________

SECOND SCHEDULE: PAGE 3

3.      CERTIFICATION BY MILK PURCHASER MILK QUOTA AND MILK DELIVERIES

(i)      Name of Quota holder: _____________________________________________________

(ii)     Supplier Number: ____________________________________________________

(iii)    Permanent milk quota: ___________________ (litres) ____________________ (gallons)

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

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

(vi)     Date of last delivery recorded against the quota ___________________________

Signed on behalf of __________________________________________, Milk Purchaser

Signature ______________________________ Date: _____________________________

4.      DOCUMENTS TO BE SUBMITTED BY ALL APPLICANTS

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

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

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

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

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

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

(iii)   the area to be transferred coloured yellow.

THIRD SCHEDULE

EUROPEAN COMMUNITIES (MILK QUOTA) REGULATIONS, 2000

NOTICE OF PURCHASE OF LEASED QUOTA BY LESSEE

FOR COMPLETION BY TRANSFEREE

I/We ____________________________________________________________________________

(Name of Transferee in BLOCK CAPITALS)

Address: ________________________________________________________________________

________________________________________________________________________________,

hereby notify the milk purchaser named below:

Name of Milk Purchaser: ___________________________________________________________

Address: ________________________________________________________________________

________________________________________________________________________________

THIRD SCHEDULE: PAGE 2

of the transfer to me/us by:-

Name of Transferor: _______________________________________________________________

(BLOCK CAPITALS)

Address: ________________________________________________________________________

________________________________________________________________________________

with effect from _______________ (day) _____________ (month) _______________ (year)

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

DECLARATION

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

FOURTH SCHEDULE

EUROPEAN COMMUNITIES (MILK QUOTA) REGULATIONS, 2000

DELIVERY MILK QUOTA TRANSFER FORM

__________________________________________________________________________________

This form should be completed and signed by both the transferor and the transferee and sent to the milk purchaser to whom the milk quota is at present attached within two months of the date of transfer together with a copy of the instrument of transfer in accordance with the provisions of Regulation 17 of the European Communities (Milk Quota) Regulations, 2000.

__________________________________________________________________________________

FOR COMPLETION BY TRANSFEREE

I/We _________________________________________________________________________

(Name of Transferee in BLOCK CAPITALS)

Address: _____________________________________________________________________

_____________________________________________________________________________,

hereby notify the milk purchaser named below:

Name of Milk Purchaser: ________________________________________________________

Address: _____________________________________________________________________

_____________________________________________________________________________

of the transfer to me/us by:-

Name of Transferor: ____________________________________________________________

(BLOCK CAPITALS)

Address: _____________________________________________________________________

_____________________________________________________________________________

with effect from _______________ (day) _______________ (month) ______________ (year)

FOURTH SCHEDULE: PAGE 2

pursuant to the provisions of Regulation _______________________ of a milk quota of _________________________ litres (________________________ gallons) by way of (tick ✓, as appropriate)

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

___________________________________________________________________________

(Folio No. __________________________ County ________________________________)

Signature(s) of Transferee(s): __________________________________________________

Date: ______________________________________________

FOR COMPLETION BY TRANSFEROR

I/We ____________________________________________________________________________

(Name of Transferor in BLOCK CAPITALS)

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

Signature of Transferor: __________________________________________________

Date: ___________________________________

FIFTH SCHEDULE

EUROPEAN COMMUNITIES (MILK QUOTA) REGULATIONS, 2000

DIRECT SALES MILK QUOTA TRANSFER FORM

__________________________________________________________________________________

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

__________________________________________________________________________________

FOR COMPLETION BY TRANSFEREE

1.      DETAILS OF LAND TRANSACTION

I/We _______________________________________________________________________

(Name of Transferee in BLOCK CAPITALS)

Address: ___________________________________________________________________

___________________________________________________________________________,

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

Name of Transferor: __________________________________________________________

(BLOCK CAPITALS)

Address: ___________________________________________________________________

___________________________________________________________________________

with effect from _______________ (day) _______________ (month) ______________ (year)

FIFTH SCHEDULE: PAGE 2

pursuant to the provisions of Regulation _______________________ of a milk quota of _________________________ litres (________________________ gallons) by way of (tick ✓, as appropriate)

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

_________________________________________________________________________

(Folio No. __________________________ County ______________________________)

Signature(s) of Transferee(s): ________________________________________________

Date: ____________________________________________

FOR COMPLETION BY TRANSFEROR

I/We ____________________________________________________________________________

(Name of Transferor in BLOCK CAPITALS)

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

Signature of Transferor: __________________________________________________

Date: ___________________________________

SIXTH SCHEDULE

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

CERTIFICATE OF RETENTION OF MILK QUOTA

On foot of the application dated ________ (day) ________________ (month) ___________ (year) by

Name: _________________________________________________________________________

Address: _______________________________________________________________________

_______________________________________________________________________________

for a Certificate of Retention under Regulation 18 of the European Communities (Milk Quota) Regulations, 2000, the Minister for Agriculture, Food and Rural Development hereby certifies under Regulation 19 of the said Regulations 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

_______________________) and 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 19(3) of the European Communities (Milk Quota) Regulations, 2000, it shall be an offence to fail to notify the Minister in writing of the transfer within three months of the date of that transfer.

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

Signed:     __________________________________________________ (Authorised Officer).

Dated:       ____________ (day) ___________________ (month) ______________ (year).

SEVENTH SCHEDULE

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

CERTIFICATE OF HOLDING OF MILK QUOTA

On foot of the application dated ________ (day) _______________ (month) ___________ (year) by

Name: __________________________________________________________________________

Address: ________________________________________________________________________

________________________________________________________________________________

for a Certificate of Holding under Regulation 18 of European Communities (Milk Quota) Regulations, 2000, the Minister for Agriculture, Food and Rural Development hereby certifies under Regulation 19 of the said Regulations 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 _______________________),

and outlined in red on the map attached to the said application,

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

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

Signed:     __________________________________________________ (Authorised Officer).

Dated:       ____________ (day) ___________________ (month) ______________ (year).

EIGHTH SCHEDULE

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

CERTIFICATE OF ATTACHMENT OF MILK QUOTA

On foot of the application dated ________ (day) _______________ (month), __________ (year) by

Name: ___________________________________________________________________________

(BLOCK CAPITALS)

Address: _________________________________________________________________________

_________________________________________________________________________________

for a Certificate of Attachment under Regulation 20 of the European Communities (Milk Quota) Regulations, 2000, the Minister for Agriculture, Food and Rural Development hereby certifies that _______________________ litres (_______________________ gallons) of milk quota, the subject of Certificate of Holding No. _______________________, shall be attached to the land containing _______________________ hectares

situated at ______________________________________________________________________

________________________________________________________________________________

(Folio No. _______________________ County _______________________), and outlined in blue on the map attached to the said application, from the _________________ _______________________ (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 Rural Development.

Signed: ___________________________________________________ (Authorised Officer).

Dated: ____________ (day) __________________ (month), ___________ (year).

NINTH SCHEDULE

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

CERTIFICATE OF TEMPORARY RETENTION OF MILK QUOTA

On foot of the application dated ________ (day) _______________ (month), __________ (year) by

Name: ___________________________________________________________________________

(BLOCK CAPITALS)

Address: _________________________________________________________________________

_________________________________________________________________________________

for a Certificate of Temporary Retention under Regulation 18 of the European Communities (Milk Quota) Regulations, 2000, the Minister for Agriculture, Food and Rural Development hereby certifies under Regulation 21 of the said Regulations 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 _________________________), remains with the above-named applicant until ................. day ........................... month ........................ year

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

Signed: ___________________________________________________ (Authorised Officer).

Dated: ____________ (day) __________________ (month), ___________ (year).

TENTH SCHEDULE

EUROPEAN COMMUNITIES (MILK QUOTA) REGULATIONS, 2000

APPLICATION FORM UNDER REGULATION 18 OF THE ABOVE REGULATIONS FOR A CERTIFICATE OF RETENTION OR A CERTIFICATE OF HOLDING OF MILK QUOTA, OR BOTH.

___________________________________________________________________________________

PART A

FOR COMPLETION BY TRANSFEROR

1.      APPLICATION FOR RETENTION AND/OR HOLDING OF QUOTA

I/We _______________________________________________________________________

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

Address: ___________________________________________________________________

___________________________________________________________________________

being the owner of a holding containing in all _______________________ hectares situated

in the Townland(s) of _________________________________________________________

(Folio Number(s) __________________________ County ___________________________)

hereby apply for: (✓ as appropriate)

of the milk quota of ___________ litres (_____________ gallons)

TENTH SCHEDULE: PAGE 2

now attaching to: (✓ as appropriate)

situated in the townland(s) of _____________________________________________

(Folio No. __________________________ County ___________________________)

as outlined in red in the attached map, which lands it is proposed to transfer on or after _____________________________________________________ (date) to:

Name of Transferee:     ____________________________________________________________

(BLOCK CAPITALS)

Address:     _____________________________________________________________________

________________________________________________________________________________

____________________________________________________________________________________

2.      FOR COMPLETION ONLY BY APPLICANTS WHO ARE SEEKING A CERTIFICATE OF RETENTION

I/We request that the quota proposed to be retained should be attached to that part

of my/our holding outlined in green on the attached map which contains

_______________________ hectares situated in the townland(s) of

____________________ (Folio ____________________ County _____________________),

which is capable of producing that amount of quota.

The lands outlined in green have: (✓ as appropriate)

TENTH SCHEDULE: PAGE 3

3.      DECLARATIONS AND UNDERTAKING

(a)     I/We hereby declare that the information given by me in this application is correct to the best of my knowledge

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

Name(s):      ___________________________________________________________

Address:      ___________________________________________________________

  ___________________________________________________________

(c) I/We declare that it is my/our intention to continue in milk production.

Signature of Applicant(s): _____________________________________________________

Date: _____________________________________________________________________

___________________________________________________________________________________

PART B

CERTIFICATION BY MILK PURCHASER MILK QUOTA AND DELIVERIES OF APPLICANT(S)

(i)      Name of Quota holder: __________________________________________________________

(ii)     Supplier Number: _______________________________________________________________

(iii)    Permanent Milk Quota ________________________ litres (_______________________ gallons)

(iv)    Date on which applicant was recorded as quotaholder: _________________________________

TENTH SCHEDULE: PAGE 4

(v)     Date on which last delivery was recorded against applicant's quota: ______________________

(vi)    Milk Deliveries

Current Milk Year (to date): ____________________ litres (______________________ gallons)

Last Milk Year:                  ___________________ litres (______________________ gallons)

Signed on behalf of ____________________________________________________ Milk Purchaser

Signature: _____________________________________ Date: _____________________________

ELEVENTH SCHEDULE

EUROPEAN COMMUNITIES (MILK QUOTA) REGULATIONS, 2000

APPLICATION FORM UNDER REGULATION 20 OF THE ABOVE REGULATIONS FOR A CERTIFICATE OF ATTACHMENT

1.      I/We _______________________________________________________________________

(Name(s) in BLOCK CAPITALS)

Address: ____________________________________________________________________

____________________________________________________________________________

hereby apply for a Certificate of Attachment for the attachement of

_______________________ litres (_______________________ gallons) of milk quota referred to

in Certificate of Holding No. _______________________ which was granted to me/us

to the lands containing _______________________ hectares situated in the Townland(s)

of ___________________________________________________________________________

(Folio No. _______________________ County _______________________), outlined in blue on the attached map.

2.      INSTRUMENT OF TRANSFER

The said lands were transferred to me/us by an instrument of transfer dated the ________ (day) _______________________ (month) _______________ (year), a copy of which is attached.

3.      UNDERTAKING

I hereby undertake that it is my/our intention to (delete as appropriate) continue/resume in milk production.

Signature(s) of Applicant(s): _______________________________________________

Date: ___________________________________

TWELFTH SCHEDULE

EUROPEAN COMMUNITIES (MILK QUOTA) REGULATIONS, 2000

APPLICATION FORM UNDER REGULATION 18 OF THE ABOVE REGULATIONS, FOR A CERTIFICATE OF TEMPORARY RETENTION OF MILK QUOTA

PART A

FOR COMPLETION BY TRANSFEROR

1.      APPLICATION FOR CERTIFICATE OF TEMPORARY RETENTION OF MILK QUOTA

I/We _______________________________________________________________________

(Name(s) in BLOCK CAPITALS)

Address: ____________________________________________________________________

____________________________________________________________________________

being (delete as appropriate)/the legal personal representative of

_________________________________________________ (Decreased) late of

___________________________________________________/owner of a holding

containing in all _______________________ hectares situated in the townland(s) of

____________________________________________________________________________

(Folio No. _____________________________ County ____________________________)

hereby apply for a Certificate of Temporary Retention of milk quota of _______________________ litres (_______________________ gallons) now attaching to (✓ as appropriate)

in the townland(s) of __________________________________________________

(Folio No. _______________________ County __________________________),

TWELFTH SCHEDULE : PAGE 2

which it is proposed to transfer on or after __________________________________ (date) to:

Name of Transferee: ___________________________________________________________

(BLOCK CAPITALS)

Address: ____________________________________________________________________

____________________________________________________________________________

2.      DECLARATION OF OWNERSHIP

I/We declare that the lands which are to be transferred are owned by me/us or by the deceased in freehold or under a lesser assurance where at least 50 years of the term still remains.

Signature(s) of applicant(s): _______________________________________________________

Status of Applicant: ______________________________________________________________

Date: _____________________________________________________

THIRTEENTH SCHEDULE

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

DECLARATION FOR TEMPORARY LEASING OF MILK QUOTA

On foot of an application dated __________ (day) ________________ (month) _____________ (year) by or on behalf of:

Name: _____________________________________________________________________________

Address: ___________________________________________________________________________

___________________________________________________________________________________

for a declaration of approval for the temporary leasing of milk quota under Regulation 27 of the European Communities (Milk Quota) Regulations, 2000 the Minister for Agriculture, Food and Rural Development hereby declares that _______________________________________________ (name)

is entitled to offer _________________________ litres (__________________________ gallons) at present held at _____________________________________________ (Milk Purchaser) against Supplier No. ______________________________________________ under a Temporary Leasing Scheme in the _______________________ milk quota year.

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

Signed: _____________________________________________________ (Authorised Officer)

Dated: ____________ (day) ____________________ (month) _________________ (year).

FOURTEENTH SCHEDULE

EUROPEAN COMMUNITIES (MILK QUOTA) REGULATIONS, 2000

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 31 of the European Communities (Milk Quota) Regulations, 2000.

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

____________________________________________________________________________

____________________________________________________________________________

____________________________________________________________________________

3.      Undertaking

I/We undertake

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

b)      to send to the Minister for Agriculture, Food and Rural Development the statement referred to in Regulation 39 of the European -Communities (Milk Quota) Regulations, 2000, in accordance with that Regulation.

FOURTEENTH SCHEDULE: PAGE 2

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 (6) of Regulation 31 of the European Communities (Milk Quota) Regulations, 2000.

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

Signed:         ____________________________________________________________________

Name:           ____________________________________________________________________

     (BLOCK CAPITALS)

* Status:         _________________________________________________________

Date:             ________________________________

FIFTEENTH SCHEDULE

EUROPEAN COMMUNITIES (MILK QUOTA) REGULATIONS, 2000

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 31 of the European Communities (Milk Quota) Regulations, 2000.

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:

____________________________________________________________________________

____________________________________________________________________________

____________________________________________________________________________

____________________________________________________________________________

FIFTEENTH SCHEDULE: PAGE 2

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

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:             ______________________________________________________________

FIFTEENTH SCHEDULE: PAGE 3

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 subparagraph (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 subparagraph (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 39 of the European Communities (Milk Quota) Regulations, 2000 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

Attached is a copy of the Memorandum and Articles of Association or Rules [or similar documents] referred to in paragraph (6) of Regulation 31 of the European Communities (Milk Quota) Regulations, 2000.

FIFTEENTH SCHEDULE: PAGE 4

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:             ____________________________________________________________________

SIXTEENTH SCHEDULE

EUROPEAN COMMUNITIES (MILK QUOTA) REGULATIONS, 2000

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 31 of the European Communities (Milk Quota) Regulations, 2000.

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, 2000, and proof of this fact is attached to this application.

3.      Name and address of each member.

SIXTEENTH SCHEDULE: PAGE 2

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:             ______________________________________________________________

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 purpose of this application.

SIXTEENTH SCHEDULE: PAGE 3

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

____________________________________________________________________________

____________________________________________________________________________

____________________________________________________________________________

4.      UNDERTAKINGS

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

(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 Rural Development the statement referred to in Regulation 39 of the European Communities (Milk Quota) Regulations 2000 in accordance with that Regulation.

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

Attached is a copy of the Memorandum and Articles of Association or Rules [or similar documents] referred to in paragraph (6) of Regulation 31 of the European Communities (Milk Quota) Regulations, 2000.

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

Signed:                        _____________________________________________________________

Name:                          _____________________________________________________________

(BLOCK CAPITALS)

* Status:         ______________________________________________________________

Date:             ______________________________________________________________

SEVENTEENTH SCHEDULE

EUROPEAN COMMUNITIES (MILK QUOTA) REGULATIONS, 2000

NOTICE OF INTENTION TO TRANSFER MILK QUOTA BETWEEN

MILK PURCHASERS

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: ____________________________________________________________________

____________________________________________________________________________

SEVENTEENTH SCHEDULE: PAGE 2

of my/our intention to transfer

_______________________ litres (_______________________ gallons) which is

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 _______________________ (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:       ________ _______________ (month), _______________________ (year).

EIGHTEENTH SCHEDULE

EUROPEAN COMMUNITIES (MILK QUOTA) REGULATIONS, 2000

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 existing Milk Purchaser: ______________________________________________

(BLOCK CAPITALS)

Address: ____________________________________________________________________

____________________________________________________________________________

EIGHTEENTH SCHEDULE: PAGE 2

of my/our intention to transfer to you in the quarter beginning on the 1st

_______________________ (month), _______________________ (year)

_______________________ litres (_______________________ gallons), which is

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 existing 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)

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 on or after 13 October 1999. 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: __________ _____________ (month), _______________________ (year).

NINETEENTH SCHEDULE

EUROPEAN COMMUNITIES (MILK QUOTA) REGULATIONS, 2000

INTER MILK PURCHASER QUOTA TRANSFER FORM

This application must be submitted to the Minister for Agriculture, Food and Rural Development (Milk Policy Division), under paragraph (7) of Regulation 38, within 2 months of the date of commencement of milk deliveries.