Explanatory note
(This note is not part of the Regulations)
These Regulations further amend the Dairy Produce Quotas Regulations 1989 (“the principal Regulations”). The Regulations provide for the detailed implementation in the United Kingdom of Council Regulation (EEC) No. 3880/89 which allows Member States, with the approval of the European Commission, to grant additional quota to (inter alia) certain existing categories of producer.
The main amendments to the principal Regulations are as follows–
varying amounts of wholesale quota are to be allocated to producers with wholesale quota, who were in receipt of a development award which was not allocated in full, and who made deliveries of milk between 1st April 1989 and 28th February 1990, so that all such producers in the UK will have their development awards made up to the same percentage of the amount originally awarded by the Dairy Produce Quota Tribunal (regulations 6 and 9);
wholesale quota is to be allocated to producers in Scotland and Northern Ireland with less than 200,000 litres of quota in total at 1st April 1985 (for producers in Scotland) or 13th March 1986 (for producers in Northern Ireland), who were in receipt of a development award which was not allocated in full, and who made deliveries of milk between 1st April 1989 and 28th February 1990. The allocation will put those producers in the same position which they would have been in had their original Tribunal award been allocated in full, which is already the case in relation to producers in England and Wales. No one will receive an amount of quota which would take his total (calculated at the relevant date referred to above) to more than 200,000 litres (regulations 6 and 9);
wholesale quota is to be allocated to producers in Northern Ireland with wholesale quota who received an exceptional hardship award, which was not allocated in full, and who made deliveries of milk between 1st April 1989 and 28th February 1990, so that their exceptional hardship awards are made up in full. This provision only affects producers in Northern Ireland and brings their position into line with that which already exists in England, Wales and Scotland (regulations 7 and 9);
special conditions will apply to producers who have inherited development quota or exceptional hardship quota or had it given to them;
wholesale quota is to be allocated to producers who made deliveries of milk between 1st April 1989 and 28th February 1990 and who occupy holdings with less than 200,000, but more than 20,000 litres of quota, so that all will have their wholesale quota increased by the same percentage, except that no one will receive an amount of quota which would increase his total above 200,000 litres (regulations 8 and 9);
wholesale quota is to be allocated to producers in certain remote areas of Scotland, and on the Isles of Scilly, who hold wholesale quota, so that all will have their wholesale quota increased by the same percentage (regulations 8 and 9).
In addition to the amendments consequent upon Council Regulation (EEC) No. 3880/89, provision is made by the Regulations to enable the temporary reallocation of unused quota to producers whose holdings are situated wholly or partly in an area designated by an emergency order under sections 1 and 24(1) and (3) of the Food and Environment Protection Act 1985 (regulation 5).