Regulation 15 Temporary reallocation of quota
For the purposes of Article 2(4) of the Council Regulation and Article 5 of the Commission Regulation (which together deal with the reallocation of excess levy), the Minister may, for any quota year, award to a producer referred to in paragraph (2) below a temporary reallocation of an amount of quota corresponding to a proportion of any levy collected in excess of the levy actually due in that year, in accordance with the provisions of this regulation.
This regulation shall apply to—
a producer who has quota registered as his in relation to a holding which is situated wholly or partly within an area which at any time during that quota year has been designated by an emergency order under section 1 and section 24(1) and (3) of the Food and Environment Protection Act 1985f3, or
a producer who is affected by a formal acknowledgement of an error in the levy calculation, made pursuant to Article 5(1)(a) of the Commission Regulation.
Subject to paragraph (5) below, a producer referred to in paragraph (2)(a) or (b) above may be awarded a temporary reallocation of quota for any quota year in which the notice or, as the case may be, the order referred to in paragraph 2(a) or the order referred to in paragraph 2(b) has effect. The amount of any such award shall be calculated either—
as the amount equal to 15 litres per qualifying cow per qualifying day in any quota year, or
as the amount by which in the quota year in question the producer’s production exceeds his quota entitlement,
whichever amount is less.
Where the notice referred to in paragraph (2)(a) or the order referred to in paragraph (2)(b) above continues beyond the quota year in respect of which a producer has received an award under paragraph (3), any award under that paragraph for the following quota year shall be calculated as if the number of the producer’s qualifying cows were equal to that of his eligible heifers which calved during the period of the notice in that following quota year, notwithstanding that when any such heifers calved the number of eligible heifers did not exceed the replacement number.
An award under paragraph (3) above—
shall be made, where a producer makes wholesale deliveries, as far as possible from the purchaser quota of any purchasers to whom deliveries are made in accordance with Schedule 4 paragraph 4, and thereafter from any excess quota determined in accordance with Schedule 4 paragraph 6 and distributed in accordance with Schedule 4 paragraph 7(a), provided that the amount of the award met from that excess quota does not exceed 15 per cent of the total amount of the excess; and
shall not be available in the same quota year to a producer who transfers quota under regulation 7, makes a temporary transfer of quota under regulation 14(1), or purchases cows or in-calf heifers for dairy purposes, unless the Minister is satisfied that the agreement to transfer, temporarily transfer or purchase, was entered into before service of the notice to which paragraph (2)(a) above refers, or (as the case may be) before the coming into force of the order to which paragraph (2)(b) above refers.
A producer referred to in paragraph (2)(c) above may be awarded a temporary reallocation of quota, for any quota year in respect of which the formal acknowledgement referred to in the Commission Regulation applies, which wholly or partially offsets the error in levy calculation to which the acknowledgement relates, and any such temporary reallocation of quota shall be made, where a producer makes wholesale deliveries, as far as possible from the purchaser quota of the purchaser to whom deliveries are made.
Annotations
Footnotes
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S.I. 1981/1115 (N.I. 22).
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