Explanatory note
(This note is not part of the Regulations)
These Regulations 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. 764/89, which enabled qualifying producers who participated in the Non-Marketing of Milk or Dairy Herd Conversion Schemes to apply for the allocation of special quota. The principal new provisions are as follows:—
the additional regional wholesale quota allocated to a region in the form of special quota will not create or be added to the running regional wholesale reserve for that region (regulation 5);
the operation of the normal transfer rules is excluded in respect of the special quota (regulation 6);
the method of calculating the porportion of the special quota which will be returned to the Community reserve when land is transferred on sale or lease is specified (regulation 7);
transfers of land which do not require any part of the special quota to be returned to the Commission reserve are defined (regulation 7);
requirements for notification to the Minister by the holder of special quota where land is to be transferred are specified (regulation 7);
rules are provided for the apportionment of special quota where land is transferred by means of inheritance or any similar transaction (regulation 9);
special quota is exempted from the rules relating to quota exchange (regulation 11);
separate entries in the quota register are required for the special quota in addition to its inclusion in the entries for total wholesale quota and total direct sales quota (regulation 14).
In addition to making clarifying amendments, the Regulations amend the rules contained in the principal Regulations relating to temporary transfers of quota, so as to prohibit temporary transfers of quota from one producer to a producer who makes deliveries to a different purchaser (regulation 12). Transfers in Scotland of small areas of land constituting part of a holding and held on a short lease are no longer exempted from the rules relating to transfer of quota (regulation 6).
Rules are introduced concerning the use by a producer of another producer’s quota. Where milk has already been sold or delivered by a producer and in the same quota year another producer makes sales or deliveries from the same cows he will be deemed to be acting as agent for the first producer. Exemptions are provided for cases where the cows have been sold or leased by the second producer and are kept on his holding (regulation 13).