Regulation 5 Approval of purchasersI1

Northern Ireland

(1)

For the purposes of Article 23 of the Commission Regulation (which concerns the approval of purchasers), a purchaser shall make an application to the Department for approval in such form as the Department may reasonably require.

(2)

An application under paragraph (1) shall state the purchaser’s trading address, or, if there is more than one such address, each such address and his principal trading address.

(3)

For the purposes of Article 23(2) of the Commission Regulation (which permits Member States to lay down stricter rules on the approval of purchasers), the Department may only approve a purchaser if the purchaser has complied with the requirements of paragraph (4).

(4)

The requirements referred to in paragraph (3) are that the purchaser –

(a)

has given an undertaking to the Department to comply with the provisions of these Regulations and the Community legislation;

(b)

has not materially contravened the provisions of any scheme for support in the agricultural sector derived from legislation; and

(c)

either –

(i)

by submitting to the Department such information as it may reasonably require, has demonstrated to the reasonable satisfaction of the Department that he has a sound financial basis upon which to operate; or

(ii)

if the Department considers that the purchaser has not been trading long enough for that to be so demonstrated, has provided such security as the Department may reasonably require.

(5)

Each purchaser shall inform the Department of –

(a)

any change in his trading address, or, where there is more than one such address, any change in any such trading address, any additional trading address and any change in his principal trading address; and

(b)

any factor or change in circumstances which affects his ability to comply with the undertaking referred to in paragraph (4)(a).

(6)

Each purchaser shall –

(a)

confirm to each producer supplying him that he is approved pursuant to Article 23 of the Commission Regulation and this regulation and provide details of the approval if requested; and

(b)

notify each producer supplying him if the approval is withdrawn.

Annotations

Commencement

I1: Reg. 5 in operation at 31.3.2005, see reg. 1