S.I. No. 70/1994 - European Communities (Milk Quota) Regulations, 1994.

1. I/We............................................................ ............................................................ .....................................

(Name and Address in Block Capitals)............................................................ .......................................

of............................................................ ............................................................ ...........................................

............................................................ ............................................................ ..............................................

hereby give notice of my intention

to transfer

...................... litres (.....................gallons) which is all □ /or part □ (✓ as appropriate) of the milk quota held by me and presently attached to

Name and Address of Milk Purchaser:............................................................ .......................................

............................................................ ............................................................ ..............................................

under Supplier No.: ............................................................ ............................................................ ..........

to another milk purchaser in the quarter commencing on the 1st day of ....................... (month) .............. (year) by commencing deliveries of milk in that quarter to that purchaser.

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

Signed............................................................ ............................................................ ..................................

Name (Block Capitals): ............................................................ ............................................................ .....

Date:.....................................................

3. I, or the above-mentioned ............................................................ ............................................................

now deceased, or ............................................................ ............................................................ ..............

of ............................................................ ............................................................ ..........................................

the personal representative of the above-mentioned deceased, (delete as appropriate) transferred the holding, or part thereof, referred to in Number II Certificate of Transfer No. ............. on the ................... day of .................... (month) ................. (year), copy of instrument of transfer attached, or the land referred to in Number II Certificate of Transfer No. ............ is the subject of a contract of sale, (copy attached) made on the .............. day of................. (month) .................... (year) by the above-mentioned deceased which is binding on his personal representative (delete as appropriate).

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

5. The quota which is being transferred is presently attached to

............................................................ ............................................................ .............................................

(Name and Address of Purchaser)

of............................................................ ............................................................ ...........................................

............................................................ ............................................................ ..............................................

6. 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:............................................................ ............................................................ .................................

Name (Block Capitals):............................................................ ............................................................ ......

Date:............................................................ ....................

TWELFTH SCHEDULE.

EUROPEAN COMMUNITIES (MILK QUOTA) REGULATIONS, 1994. NOTICE OF INTENTION TO TRANSFER MILK QUOTA BETWEEN PURCHASERS.

Under Regulation 11 of the European Communities (Milk Quota) Regulations, 1994 a producer may transfer his milk quota in whole or in part from his existing purchaser to a new purchaser, in any quarter beginning on 1 January, 1 April, 1 July or 1 October by commencing deliveries of milk in that quarter to the new purchaser pursuant to a Producer Transfer Notice Number I sent to the existing purchaser and a Producer Transfer Notice Number II sent to the new purchaser in accordance with the requirements of that Regulation.

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

PRODUCER TRANSFER NOTICE NUMBER I

[TO BE SENT TO THE EXISTING PURCHASER]

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

(

a

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

(

b

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

he may apply to the Minister not later than two months before the proposed transfer for—

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

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

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

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

(

a

) the applicant submits to the Minister an application for a certificate in the form set out in the Ninth Schedule to these Regulations not later than two months before the date of the proposed transfer and supplies such information as the Minister may request,

(

b

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

(

c

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

bona fide

,

(

d

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

(

e

) the applicant provides the Minister with a draft of the proposed instrument of transfer and a map showing the entire of his holding outlined in red, or where part only of the holding is proposed to be transferred, that part outlined in red,

(

f

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

(

g

) the holding or part thereof to be so transferred shall be owned in fee simple by the applicant and shall have been so owned before the date of coming into operation of these Regulations by the applicant or by a person from whom the applicant acquired such a holding, or part thereof, by way of inheritance,

(

h

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

and

(

i

) where the applicant seeks a Number II Certificate of Transfer the application shall be executed in accordance with the rules for the execution of a will set out in

section 78

of the

Succession Act, 1965

.

(3) Where a Number II Certificate of Retention 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 the certificate is made.

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

(

a

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

(

b

) purchases or inherits land within one year after the date of the transfer,

(

c

) submits the application within one month of the purchase or inheritance referred to in sub-paragraph (

b

) of this paragraph,

(

d

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

(

e

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

bona fide

,

(

f

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

(

g

) supplies such information as the Minister may request.

(5) Where a Number II Certificate of Transfer is granted, the grantee of the Certificate or, in the circumstances referred to in paragraph (11) of this Regulation, the person designated by him, shall remain entitled to the relevant milk quota for one year and three months from the date of a transfer in relation to which that certificate has effect and shall remain so entitled after that period where the Minister has granted a Number II Certificate of Attachment during that period.

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

(7) Where a Number II Certificate of Transfer has been granted but no Number II Certificate of Attachment has been granted in respect of all or part of the milk quota concerned during the period specified in paragraph (5) of this Regulation, then all or that part of that milk quota shall be added to the national reserve.

(8) A Number II Certificate of Retention or a Number II Certificate of Transfer shall have effect only in relation to a transfer made within three months after the date on which it is granted.

(9) The Minister may, on an application being made in writing in that behalf to him, by the person to whom the certificate was granted, during the period referred to in paragraph (8) of this Regulation or within one month following the end of the said period, extend the validity of a Number II Certificate of Transfer or a Number II Certificate of Retention for a further three months where a failure to make a transfer referred to in such a certificate is due to some reasonable cause.

(10) An application under paragraph (9) of this Regulation may be made by a person designated by a deceased grantee of a Number II Certificate of Transfer, within three months following the end of the period referred to in paragraph (8) of this Regulation, and the Minister may extend the validity of the certificate for a further six months.

(11) Where a grantee of a Number II Certificate of Transfer dies after making the transfer referred to in the certificate or where his personal representative makes or is obliged to make that transfer after his death, then the person designated by that grantee in his application for the certificate as the beneficiary in the event of the applicant's death of the right to attach the milk quota in question to land to be purchased or inherited may, on compliance with the conditions referred to in paragraph (4) of this Regulation, apply for and be granted a Number II Certificate of Attachment

Provided, that an undertaking for the purposes of paragraph (4) (

e

) of this Regulation need only be an undertaking that it is his intention to engage in milk production.

(12) Where a transfer in relation to which a Number II Certificate of Retention has effect is made, the transferor shall notify in writing the Minister that the transfer has been made within one month of the transfer and shall furnish the Minister with such other information as the Minister may require.

(13) It shall be an offence to fail to comply with paragraph (12) of this Regulation.

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

(2) An application under paragraph (1) shall be made within whichever of the following times is applicable, that is to say

(

a

) in the case of a lease or licence terminated by notice to quit, after service of such notice but before such notice takes effect, or

(

b

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

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

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

(5) Where an application has been made under paragraph (1) of this Regulation, the Minister may stay the operation of paragraph (5) of Regulation 4 of these Regulations for a period of three months.

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

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

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

(

a

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

(

b

) takes a lease of land for a period of three years or more or purchases land or inherits land within one year after the date of the declaration,

(

c

) applies to the Minister in writing within one month of the lease or purchase or inheritance referred to in sub-paragraph (

b

) of this paragraph,

(

d

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

(

e

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

bona fide

,

(

f

) submits to the Minister a copy of the instrument of transfer and a map of the land referred to at sub-paragraph (

b

) of this paragraph, and

(

g

) supplies such information as the Minister may request.

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

(10) Where no Number III Certificate of Attachment has been granted in respect of all or part of the milk quota included in the declaration referred to in paragraph (1) of this Regulation during the period of one year and three months specified in paragraph (6) of this Regulation then all or that part of that milk quota shall be added to the national reserve.

(11) Paragraph (1) of this Regulation shall apply to a person who has established a quota or his heirs.

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

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

(14) It shall be an offence for a person entitled to a lease referred to in paragraph (12) or (13) of this Regulation to fail to notify the Minister of the expiry of that lease.

(15) The Minister may add to the national reserve a milk quota to which a person was entitled by virtue of an expired lease referred to in paragraph (12) or (13) of this Regulation where no application under paragraph (1) of this Regulation has been made.

(16) Where a grantee of a declaration under paragraph (1) of this Regulation dies after receiving the declaration then the person designated by that grantee in his application for the certificate as the beneficiary in the event of his death of the right to attach the milk quota in question to land to be purchased or inherited or leased may, on compliance with the conditions referred to in paragraph (8) of this Regulation, apply for and be granted a Number III Certificate of Attachment.

Provided, that an undertaking for the purposes of paragraph (8) (

e

) of this Regulation need only be an undertaking that it is his intention to engage in milk production.

(17) An application under paragraph (1) of this Regulation shall be executed in accordance with the rules for the execution of a will set out in

section 78

of the

Succession Act, 1965

.

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

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

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

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

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

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

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

(4) A producer who wishes to effect a transfer, referred to in paragraph (3) of this Regulation, shall send to his existing purchaser and his new purchaser notices of his intention to make a transfer in that quarter not later than the last day which is not a Saturday, Sunday or public holiday, of the second last quarter before the commencement of the quarter in which he wishes the transfer to be effected.

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

(

a

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

(

b

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

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

and

(ii) in the case of a lease made after the date of coming into operation of these Regulations, a copy of the Milk Quota Transfer Form referred to in paragraph (1) of Regulation 5 of these Regulations.

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

(7) Where deliveries to a new purchaser pursuant to such notices have commenced, that purchaser shall, within one month of the date of such commencement, apply in writing to the Minister for an appropriate adjustment in its milk quota and in that of the existing purchaser.

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

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

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

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

(12) Where the Minister gives an approval under paragraph (11) of this Regulation, he may do so with effect from a date other than that specified in the application and on specified conditions as to the giving of notices to the existing purchaser and the new purchaser.

(13) The notices referred to in paragraph (4) and sub-paragraph (

c

) of paragraph (17) of this Regulation shall be sent by a pre-paid registered post and such notices shall not be valid unless certificates of posting are, or other similar evidence in writing of posting is, obtained from An Post, which the producer shall make available for inspection and copying, at the request of the existing purchaser, or the Minister, or an authorised officer, and the producer shall give copies of the certificates of posting or other such evidence to the new purchaser and shall make them available for inspection by that purchaser.

(14) The amount of the delivery quota transferred in accordance with this Regulation shall, in accordance with the second sub-paragraph of Article 2.2 of Council Regulation No. 3950/92, be reduced so as to take account of the amount of milk quota necessary to cover the deliveries made by the producer to his existing purchaser in the milk quota year in which the transfer takes place.

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

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

(17) A transfer of a quota under paragraph (4) of this Regulation to which a producer is entitled under a lease of land shall cease to have effect on the expiry of that lease and shall not operate to attach that quota in the name of the lessor to the purchaser to whom the quota had been attached under that transfer and such quota shall 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 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 on such expiry become attached to the purchaser to which it had been attached before such transfer.

(19) It shall be an offence to fail to comply with paragraph (7) of this Regulation.

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

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

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

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

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

(

a

) the total quantity,

(

b

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

(

c

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

(

d

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

(2) It shall be an offence to fail to comply with paragraph (1) of this Regulation or to forward to the Minister in purported compliance with that paragraph a statement that is false or misleading in a material respect.

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

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

(2) It shall be an offence for a person to purchase milk as a purchaser after the coming into operation of these Regulations unless he is a registered purchaser.

(3) Paragraph (2) of this Regulation shall not apply to a person who is a purchaser on the date of the coming into operation of these Regulations for a period of four months from that date.

(4) Applications for registration in the Register shall be made in the form set out in the Fourteenth Schedule to these Regulations.

(5) A person who is a purchaser on the date of coming into operation of these Regulations shall, if he continues purchasing milk after that date, make an application under paragraph (4) of this Regulation within two months of that date.

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

(7) A purchaser shall not be registered under paragraph (6) of this Regulation unless—

(

a

) where he is not an individual, he has provided proof in accordance with paragraph (8) of this Regulation that he has the power to buy milk,

(

b

) he has premises in the State where the stock accounts, registers and other documents referred to in sub-paragraph (

c

) of Article 7.1 of Commission Regulation No. 536/93 may be inspected by an authorised officer,

(

c

) he undertakes in the form set out in the Fourteenth Schedule to these Regulations that he will keep up to date the stock accounts, registers and other documents referred to in sub-paragraph (

c

) of Article 7.1 of Commission Regulation No. 536/93,

(

d

) he undertakes, in the form set out in the Fourteenth Schedule to these Regulations, to send to the Minister the statement referred to in Regulation 13 (1) of these Regulations in accordance with that Regulation.

(8) The proof required for the purposes of paragraph (7) (

a

) of this Regulation shall,

(

a

) in the case of an applicant who is a company, be 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 a Friendly Society established under the Friendly Societies Acts, 1896 to 1977, or in the case of a society established under the Industrial and Provident Societies Acts, 1893 to 1978, be the rules.

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

(10) The Minister may remove a purchaser from the Register if, where he is not an individual, he ceases to have the power to act as a purchaser or if he ceases to have premises of the type referred to in paragraph (7) (

b

) of this Regulation or if he breaches either of the undertakings referred to in paragraph (7) (

c

) and (

d

) of this Regulation or where that purchaser has repeatedly failed to comply with any other obligation under Council Regulation No. 3950/92 or Commission Regulation No. 536/93.

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

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

(13) The Minister shall publish in a National newspaper the names of the purchasers registered in the Register within six months of the coming into operation of these Regulations and shall publish in a National newspaper a notice of any amendments thereto.

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

(2) Paragraph (1) of this Regulation shall not apply where the delivery is to a purchaser to whom paragraph (3) of Regulation 15 applies.

17. It shall be an offence for a purchaser to fail to comply with any of the obligations in Article 7.1 (

c

) or (

d

) of Commission Regulation No. 536/93.

18. It shall be an offence for a direct sales producer to fail to comply with any of the obligations in Article 7.1 (

f

) of Commission Regulation No. 536/93.

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

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

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

(4) It shall be an offence to fail to comply with any of the provisions of this Regulation or to make a record in purported compliance with this Regulation which is false or misleading in a material respect.

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

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

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

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

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

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

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

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

22. 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 12 of these Regulations or in any prosecution for an offence under these Regulations, a certificate purporting to be signed by an authorised officer and certifying that he has inspected the records of the Minister and the records of a particular purchaser or direct sales producer and that it appears from those records that the purchaser or producer is liable to pay to the Minister, in respect of the levy or in respect of such interest or penalty, an amount specified in the certificate and that such amount has not been recovered by the Minister shall, without proof of the signature of that person or that such person was, at the relevant time, an authorised officer, be evidence of the facts so certified.

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

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

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

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

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

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

24. (1) Every purchaser shall on, or before, the 15th day of May in each milk quota year give to the Minister in writing—

(

a

) the name and address, and details of the quota, of every producer who has a quota attached to him, who did not make deliveries of milk to him during the previous milk quota year, and who, during that milk quota year did not make a temporary transfer of that milk quota pursuant to a scheme for temporary transfers authorised by the Minister under Article 6 of the Council Regulation No. 3950/92, and

(

b

) the name and the address of every such producer who made a temporary transfer of part of their quota pursuant to such a scheme during the previous milk quota year and details of the part not temporarily transferred.

(2) If a person who has a direct sales milk quota did not market any milk or milk products during a milk quota year and did not during that year make a temporary transfer of the entire of that milk quota pursuant to a scheme for temporary transfers authorised by the Minister under Article 6 of Council Regulation 3950/92, he shall, on or before, the 15th day of May next following that milk quota year notify the Minister in writing of those facts.

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

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

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

(6) Where a period of time referred to in paragraph (5) of Regulation 6 of these Regulations or in paragraph (5) of Regulation 7 of these Regulations includes an entire milk quota year or nine months or a longer period of a milk quota year or where such a period of time expires in any milk quota year after the 31st day of October then the power of the Minister under paragraph (4) of this Regulation shall not be exercisable on account of non-production in the milk quota year by the person entitled to a quota referred to in paragraph (5) of Regulation 6 of these Regulations or paragraph (5) of Regulation 7 of these Regulations in respect of such quota.

(7) Where a dispute about entitlement to a milk quota has been referred to arbitration in accordance with an arbitration agreement within the meaning of the

Arbitration Act, 1954

or is the subject of proceedings before a court and where the person who is entitled or apparently entitled to that milk quota does not deliver or market milk in a milk quota year then, if the Minister is satisfied that the arbitration or proceedings in question are being prosecuted with reasonable speed, he shall not exercise his power under paragraph (4) of this Regulation.

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

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

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

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

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

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

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

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

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

29. (1) An authorised officer may—

(

a

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

(

b

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

(

c

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

(

d

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

(

e

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

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

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

(iii) extract any information constituting such data, or

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

(2) A person who obstructs or interferes with an authorised officer or a person engaged by the Minister and referred to in paragraph (5) of this Regulation when he is exercising a power conferred on him by these Regulations shall be guilty of an offence.

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

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

(5) In this Regulation—

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

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

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

30. 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 the 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.

31. The functions conferred on the Minister by Regulations 4, 5, 6, 7, 8, 11, 15, 24 and 26 of these Regulations may be performed by an authorised officer.

32. For the purposes of any proceedings under paragraph (4) of Regulation 21 of these Regulations a certificate purporting to be signed by an authorised officer and certifying that he has inspected the records of the Minister and of a particular purchaser and that it appears from those records that there was a failure by the purchaser concerned to recover, in respect of the levy, an amount specified in the certificate from a producer or producers so specified, shall, without proof of the signature of that person, or that such person was, at the relevant time, an authorised officer, be evidence of the facts so certified.

33. It shall be an offence for a direct sales producer to fail to comply with Article 4.2 of Commission Regulation No. 536/93 or to forward to the Minister in purported compliance with Article 4.2 of that Regulation a declaration that is false or misleading in a material respect.

34. A person who contravenes Regulation 4 (8), 4 (9), 4 (10), 6 (15), 7 (13), 8 (14), 11 (19), 12 (4), 13 (2), 15 (2), 16 (1), 17, 18, 19 (4), 20 (1), 20 (2), 20 (3) or 20 (4), 21 (4), 23 (4), 24 (8), 25 (1) or 25 (2), 29 (2) or 30 shall be liable on summary conviction to a fine not exceeding £1,000, or to a period of imprisonment not exceeding 12 months or to both such fine and such imprisonment.

35. (1) Without prejudice to the obligations imposed and undertakings entered into under the European Communities (Milk Levy) Regulations, 1985 (

S.I. No. 416 of 1985

), the said Regulations are hereby revoked, save to the extent that they have ceased to have effect.

(2) Without prejudice to the generality of

section 22

of the

Interpretation Act, 1937

, the revocation effected by paragraph (1) of this Regulation shall not affect the operation of the said Regulations as regards cows milk produced on or before the 31st March, 1993, and the imposition of any levy thereon.

GIVEN under my Official Seal, this 30th day of March, 1994.

JOE WALSH,

Minister for Agriculture, Food and Forestry.

FIRST SCHEDULE.

EUROPEAN COMMUNITIES (MILK QUOTA) REGULATIONS, 1994 MILK QUOTA TRANSFER FORM.

This form should be completed and signed by both transferor and transferee and sent to the milk purchaser to whom the milk quota is presently attached in the case of a delivery quota or to the Minister for Agriculture, Food and Forestry in the case of a direct sales quota within one month of the date of transfer together with a copy of the instrument of transfer in accordance with the provisions of Regulation 5 of the European Communities (Milk Quota) Regulations, 1994.

PART A.

(For completion by Transferee.)

S.I. No. 70 of 1994.

EUROPEAN COMMUNITIES (MILK QUOTA) REGULATIONS, 1994.

I, JOE WALSH, Minister for Agriculture, Food and Forestry, in exercise of the powers conferred on me by

section 3

of the

European Communities Act, 1972

(No. 27 of 1972), and for the purpose of giving effect to Council Regulation (EEC) No. 3950/92

1

, of the 28th day of December, 1992, Council Regulation (EEC) No. 2055/93

2

of the 19th day of July 1993, Commission Regulation (EEC) No. 536/93 of the 9th day of March, 1993

3

and Commission Regulation (EEC) No. 2562/93

4

of the 17th day of September, 1993 hereby make the following Regulations