S.I. No. 189 of 2006

EUROPEAN COMMUNITIES (MILK QUOTA) (AMENDMENT) REGULATIONS 2006

I, Mary Coughlan, Minister for Agriculture and Food, 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 further effect to Council Regulation (EC) No. 1788/2003 of the 29 September 2003¹ and Commission Regulation (EC) No. 595/2004 of the 30 March 2004² , hereby make the following Regulations:

1.   These Regulations may be cited as the European Communities (Milk Quota)(Amendment) Regulations 2006 and shall come into operation on 1^st April 2006.

2.   In these Regulations -�Principal Regulations-� means the European Communities (Milk Quota) Regulations 2000 ( S.I. No. 94 of 2000 ).

3.   Regulation 8 of the Principal Regulations (as amended by the European Communities (Milk Quota) (Amendment) Regulations 2005 ( S.I. No. 177 of 2005 )) is amended by -

(1)   substituting in paragraph 17(a)(i) the figure -�€35,000-� for -�€30,000-�,

(2)   substituting for paragraph 17(a)(ii) the following:

-�17  (a) (ii) in the case of a New Entrant Parent MPP, in the tax year immediately before the tax year in which the partnership agreement is executed the off farm income of the producer shall not exceed €35,000 and the off farm income of a New Entrant in the tax year immediately before the tax year in which the partnership agreement is executed shall not exceed €30,000 and during each tax year that the partnership exists shall not exceed €35,000 in respect of each partner.-�

4.   Regulation 9A of the Principal Regulations (as inserted by the European Communities (Milk Quota) (Amendment) Regulations 2005 ( S.I. No. 177 of 2005 )) is amended by -

(1)   inserting after paragraph (1) the following -

-�(1A) Notwithstanding paragraph (1), a producer may be transferred part of the transferor's quota, by way of a transfer under this Regulation, provided the transfer is one of a number of such transfers, which take place on the same date and by which the transferor's entire quota is transferred.-�,

(2)   substituting for paragraph (2)(c) the following -

-�(c)    that where more than one transfer is made by the transferor, under this Regulation, these transfers result in the entire quota of the transferor being transferred and that subparagraphs (a) and (b) are satisfied in each case.-�,

(3)   by deleting paragraph (6) and inserting the following -

-�(6)    Where the Notification of Family Transfer is not furnished to the Milk Purchaser within 30 days of the completion of the transfer or in any event before the 31st January of the milk quota year in which the transfer is effected then the transfer shall not be recorded for that quota year by the Milk Purchaser. In such a case the Milk Purchaser may record the transfer in respect of the quota available to the parties for subsequent years at the beginning of the following milk quota year.

(7)    The Minister may, in exceptional circumstances, waive the 30 day limit for the submission of the relevant documentation referred to in paragraphs (1) and (6), provided that failure to comply with the said limit was due to some reasonable cause.-�.

5.   Regulation 26 of the Principal Regulations (as amended by the European Communities (Milk Quota) (Amendment) Regulations 2005 ( S.I. No. 177 of 2005 )) is amended by substituting for paragraph (13) the following:

-�(13)  When a new entrant commences milk production, he or she shall register his or her holding under Regulation 3 of the European Communities (Food and Feed Hygiene) Regulations 2005 ( S.I. No. 910 of 2005 ) as a dairy holding prior to such commencement.-�.

Explanatory Note

(This note is not part of the instrument and does not purport to be a legal interpretation)

These Regulations further amend the European Communities (Milk Quota) Regulations 2000, by increasing the off-farm income thresholds for partners in Milk Production Partnerships, and by amending provisions in relation to family transfers of quota without land.

¹ OJ No. L270, 21.10.2003, p.123.

² OJ No. L94, 31.3.2004, p.22.