Dairy Produce Quotas (Amendment) Regulations (Northern Ireland) 2007
S.R. 2007/33 · Made 22 January 2007 · Extends to Northern Ireland
FOOD
Made 22nd January 2007
Coming into operation- 31st March 2007
The Department of Agriculture and Rural Development (“the Department”), being a Department designatedf1 for the purposes, makes the following Regulations in exercise of the powers conferred by section 2(2) of the European Communities Act 1972f2.
Annotations to the whole text
Footnotes
- f1
-
S.I. 2000/2812 to which there are amendments not relevant to the subject matter of these Regulations
- f2
Contents
- 1Citation and commencement
- 2Interpretation
- 3Amendment of the Dairy Produce Quotas Regulations (Northern Ireland) 2005
- Signature
- Explanatory note
1Citation and commencementI1
These Regulations may be cited as the Dairy Produce Quotas (Amendment) Regulations (Northern Ireland) 2007 and shall come into operation on 31st March 2007.
2InterpretationI1
The Interpretation Act (Northern Ireland)(1954)f1 shall apply to these Regulations as it applies to an Act of the Northern Ireland Assembly.
3Amendment of the Dairy Produce Quotas Regulations (Northern Ireland) 2005I1
The Dairy Produce Quotas Regulations (Northern Ireland) 2005f1 shall be amended in accordance with paragraphs (2) to (10).
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
In regulation 7(a) (Inspection of entries in the Department’s registers), for heads (i) to (iii) there shall be substituted—
“(i)is the quota holder identified in that entry, or
(ii)gives the Department a statement in writing that he has an interest in the holding of the quota holder identified in that entry; or”.
In regulation 9(3) (Transfer of quota with transfer of land: general), for the words after “Department” to the end of the paragraph there shall be substituted “no later than 31st March in the quota year in which the transfer takes place.”.
In regulation 31(5) (Payment and recovery of levy), for “1st September” there shall be substituted “30th September”.
In regulation 36 (Administrative penalties)—
in paragraph (1), for “(2) to (3)” there shall be substituted “(2A) and (3)”;
paragraph (2) shall be omitted;
in paragraph (5), for “paragraphs (2) to (4)” there shall be substituted “paragraphs (2A), (3), (4) and (6A)”;
for paragraph (6), there shall be substituted—
“(6)Subject to Article 8(5) of the Commission Regulation, if a purchaser fails to submit a summary required to be submitted under Article 8(2) of the Commission Regulation, by the end of the period specified in Article 8(4), he is liable to pay to the Department a penalty equivalent to the theoretical amount of levy that would be due on 0.01% of the quantity by volume of milk covered by that declaration for each day of the period of the delay in the submission reaching the Department.”;
after paragraph 6 there shall be inserted—
“(6A)Subject to paragraphs (5) and (7), where a purchaser fails to provide or submit to the Department—
(a)an application, statement or declaration concerning the adjustment of purchaser quota in accordance with regulation 23(2) to (4);
(b)information in accordance with regulation 33(2) to (4); or
(c)a confirmation or amendments relating to a revised version of a summary in accordance with regulation 35(2),
he is liable to pay to the Department a penalty equivalent to the theoretical amount of levy that would be due on 0.01% of the quantity by volume of milk covered by that application, statement, declaration or revised version, or that information, for each day of the period of delay in the submission reaching the Department.”.
In paragraph 7, for “(6)” there shall be substituted “(6A)”.
In regulation 38 (Confiscation of quota), paragraph (2) shall be omitted.
In regulation 39(2)(a)(ii), for “by virtue of regulation 38(2)” there shall be substituted “under Article 11(4) of the Commission Regulation”.
In paragraph 2(1) of Schedule 2, at the beginning of both sub-paragraphs (h) and (i) there shall be inserted “if he holds 4,855 or more litres of direct sales quota,”.
Signature
Sealed with the Official Seal of the Department of Agriculture and Rural Development on 22nd January 2007.
(L.S.)
Dr. John Speers
A senior officer of the Department of Agriculture and Rural Development
Explanatory note
(This note is not part of the Regulations.)
These Regulations, which come into operation on 31st March 2007, amend the Dairy Produce Quotas Regulations (Northern Ireland) 2005 (S.R. 2005 No. 70) (“the 2005 Regulations”).
The 2005 Regulations implement Council Regulation (EC) No. 1788/2003 establishing a levy in the milk and milk products sector (O.J. No. L270, 21.10.2003, p.123) as last amended by Council Regulation (EC) No. 1406/2006 (O.J. No. L265, 26.9.2006, p.8), and Commission Regulation (EC) No. 595/2004 laying down detailed rules for applying Council Regulation (EC) No. 1788/2003 establishing a levy in the milk and milk products sector (O.J. No. L 94, 31.3.2004, p.22), as last amended by Commission Regulation (EC) No. 1468/2006 (O.J. No. L274, 5.10.2006,p.6) (“the Commission Regulation”).
Regulation 3—
updates the references to Community legislation;
removes the reference to the agent of a quota holder in respect of inspection of registers;
amends the requirement to submit a notice to the Department, on the transfer of quota with the transfer of land, by lease and otherwise, on two different dates, to require submission by a single date, the 31st March, in both cases;
amends the date from when unpaid levy may be recovered;
amends the administrative penalty procedure on late submission of summaries of deliveries by milk purchasers in accordance with changes to the Commission Regulation;
amends the administrative penalty procedure on late submission of declarations of direct sales to remove the provision on confiscation of quota since this is fully set out in the amended Commission Regulation;
amends the record keeping requirements for direct sellers of milk and milk products.