fice
the Attorney General Táirgthe ag Oifig an Ard-Aighne Home Legislation Acts
the Oireachtas Statutory Instruments Pre-1922 Legislation Constitution External Resources Bills (Houses
the Oireachtas) Iris Oifigiúil /
ficial Gazette Revised Acts (LRC) Classified List
Legislation (LRC) Translations (acts.ie) Translations (Houses
the Oireachtas) Government Publications for Sale EU Law (EUR-Lex) FAQ Disclaimer Feedback Helpdesk Search Baile Reachtaíocht Achtanna an Oireachtais Ionstraimí Reachtúla Reachtaíocht Réamh-1922 Bunreacht Acmhainní Seachtracha Billí (Tithe an Oireachtais) Iris Oifigiúil Achtanna Athbhreithnithe (CAD) (An Coimisiún um Athchóiriú an Dlí) Liosta Rangaithe Reachtaíochta Aistriúcháin (achtanna.
Land and Milk Quota.
Milk Quota Transfers. 7. Relocation
Milk Quota upon transfer
Lands to a Public Authority or for use in the public interest or for Non-agricultural purposes. 8. Relocation
Milk Quota upon Consolidation
a Holding.
Levy.
Milk Quota between Purchasers. 13. Collection
Levy.
Unused Quantities.
Milk Purchasers.
Purchasers.
Registration. 22. Removal or Alteration
Registration.
Records — Milk Purchasers. 26. Maintenance
Records — Direct Sales Producers. 27. Recording
Milk Deliveries. 28. Recording
Milk Intake. 29. Deduction
Levy by Milk Purchasers. 30. Recovery
Levy. 31. Fat Content
Milk Deliveries.
Milk Production. 34. Permanent Transfers
Direct Sales and Delivery Quotas. 35. Restructuring
Milk Quotas. 36. Appointment
Authorised
ficers. 37. Authorised
ficers. 38. Functions performed by Authorised
ficers. 39. Certification
Outstanding Levy. 40. Submission
False Information — Direct Sellers. 41. Submission
Information. 42. Obligations, Liabilities and Penalties for Purchasers. 43.
fences by Corporate Bodies. 44.
fences.
the European Communities (Milk Quota) Regulations, 1994. S.I. No. 266
the powers conferred on me by section 3
the European Communities Act, 1972 (No. 27
1972), and for the purpose
giving effect to Council Regulation (EEC) No. 3950/921,
the 28th day
December, 1992, Council Regulation (EEC) No. 2055/932
the 19th day
July 1993, Commission Regulation (EEC) No. 536/93
the 9th day
March, 19933 and Commission Regulation (EEC) No. 2562/934
the 17th day
September, 1993 hereby make the following Regulations: 1 Short Title and Commencement. 1.
October, 1995. 2 Interpretation. 2.
ficer" means an
ficer
the Minister appointed in writing by the Minister to be an authorised
ficer for the purposes
these Regulations; "company" means a company within the meaning
the Companies Acts, 1963 to 1990 and "companies" shall be construed accordingly; "Council Regulation No. 3950/92" means Council Regulation (EEC) No. 3950/92
the 28th day
December, 1992, as amended or extended, from time to time; "Council Regulation No. 2055/93" means Council Regulation (EEC) No. 2055/93
the 19th day
July, 1993, as amended or extended from time to time; 1O.J. No. L 405 31.12.92, p.
the 9th day
March, 1993, as amended or extended from time to time; "Commission Regulation No. 2562/93" means Commission Regulation (EEC) No 2562/93
the 17th day
September, 1993 as amended or extended from time to time; "the Council and the Commission Regulations" means the said Regulations; "delivery quota" means the quantity
milk or other milk products which may be delivered by a producer to a purchaser from his holding [in accordance with these Regulations] in a milk quota year without the producer being liable to pay levy; "direct sales quota" means the quantity
milk or milk products which may be sold or transferred free for direct consumption by a producer from a holding [in accordance with these Regulations] in a milk quota year without the producer being liable to pay levy; "existing purchaser" means a purchaser to whom a producer's milk quota (or part thereof) is for the time being attached; "functions" includes powers and duties; "holding company" has the meaning that it has in section 155
the Companies Acts, 1963; "Industrial and Provident Society" means a Society registered under the Industrial and Provident Societies Acts, 1893 to 1978; "individual purchaser" means a member
a registered group
purchasers or a registered joint purchaser; "individual purchaser" means a member
a registered group
purchasers or a registered joint purchaser; "joint purchaser" means two or more bodies which are purchasers and are ( a ) wholly owned subsidiaries
the same holding company, or ( b ) a holding company and one or more wholly owned subsidiary or subsidiaries
that holding company, or ( c ) an industrial and provident society and one or more companies wholly owned by that society, or ( d ) two or more companies wholly owned by an industrial and provident society; "less favoured areas" means those areas described in the Annex to Council Directive 85/350/EEC
27 June 1985 and in Annexes I and II
Council Directive 91/466/EEC
22 July 1991, as amended or extended from time to time; "levy" means the levy referred to in Council Regulation No. 3950/92; "milk quota year" means a twelve month period beginning on 1 April and ending on the following 31 March; "milk quota" means, except in relation to a purchaser's milk quota, both a delivery and a direct sales quota; "the Minister" means the Minister for Agriculture, Food and Forestry; "public authority" means — ( a ) a Minister
the Government, ( b ) the Commissioners
Public Works in Ireland, ( c ) a local authority for the purposes
the Local Government Act, 1941 , ( d ) a harbour authority within the meaning
the Harbours Act, 1946 , ( e ) a health board established under the Health Act, 1970 , ( f ) a vocational education committee within the meaning
the Vocational Education Act, 1930 , ( g ) a board or other body established by or under statute, ( h ) a company in which all the shares are held by, or on behalf
, or by directors appointed by, a Minister
the Government, ( i ) a company in which all the shares are held by a board, a company, or other body referred to in paragraph (g) or (h)
this definition; "purchaser's milk quota" means the milk quota
a purchaser established, from time to time, under these Regulations, the Council Regulations and the Commission Regulations; "registered group
purchasers" means two or more purchasers registered as a group under Regulation 17
these Regulations; "registered joint purchaser" means two or more bodies registered as a joint purchaser under Regulation 17
these Regulations; "registered sole purchaser" means a purchaser registered as a sole purchaser under Regulation 17
these Regulations; "restricted quota" means a milk quota attached to lands situated in the less favoured areas; "the register" has the meaning assigned to it by Regulation 17
these Regulations and cognate words shall be construed accordingly; "SLOM II Quota" means a special milk quota referred to in Article 4
Council Regulation No. 3950/92; "SLOM III Quota" means a special milk quota referred to in Council Regulation No. 2055/93; "sole purchaser" means a purchaser who does not form part
a registered group
purchasers or a registered joint purchaser; "subsidiary company" has the meaning that it has in Section 155
the Companies Act, 1963 ,
them, shall, unless the contrary intention is expressed, have in these Regulations the meaning it has in those Regulations or in any
them.
a holding or part thereof in Regulations 4, 5, 6, 7, 8 and 9
these Regulations means a reference to such a transfer under which the right to operate the holding or part thereof is transferred.
purchasers or a registered joint purchaser unless the contrary intention is expressed.
these Regulations means a reference to a sole purchaser or an individual purchaser.
these Regulations means a reference to a sole purchaser, a registered group
purchasers or a registered joint purchaser.
the definition
"joint purchaser" in paragraph
this Regulation a company which is a wholly owned subsidiary
a holding company (the first holding company) within the meaning
section 155
the Companies Act, 1963 , shall also be deemed to be a wholly owned subsidiary
any other holding company (the second holding company)
which the first holding company is a wholly owned subsidiary and
any other holding company (the third holding company)
which the second holding company is a wholly owned subsidiary and
any other holding company (the fourth holding company)
which the third holding company is a wholly owned subsidiary and
any further holding company
which the fourth holding company is a wholly owned subsidiary and so on. Any such holding company shall, for the purposes
that definition, be deemed to be the holding company
any such wholly owned subsidiary. Furthermore, for the purposes
that definition, a company shall be deemed to be wholly owned by an industrial and provident society if, for those purposes, it is or is deemed to be a wholly owned subsidiary
a holding company where that holding company is owned by that society. 3 Competent Authority. 3. The Minister shall be the competent authority for the purposes
the Council and the Commission Regulations. 4 Transfers
Land and Milk Quota. 4.
paragraphs
this Regulation, where any holding, or part thereof is transferred by sale, lease, or inheritance the milk quota attached to that holding or part thereof shall be transferred by virtue
this Regulation to the producer to whom that transfer is made: Provided that the requirements
Regulation 6
these Regulations are complied with.
maintaining a milk production enterprise, including land used as pasture for cows producing milk and replacement heifers and land used for forage production for feeding to a dairy herd.
this Regulation and Regulations 5, 6, 7 and 8
these Regulations, a milk quota shall be deemed to be attached to the land used for milk production in the last milk quota year, prior to the milk quota year ("the year
transfer") in which a transfer takes place or in which an application is made under Regulation 7 or 8
these Regulations, in which the amount
milk production
the transferor was equal to or greater than 90 per cent
the quota in question minus— ( a ) any quota added thereto in the year
transfer or in the year before the year
transfer by means
a reallocation in accordance with Regulation 35
these Regulations, and ( b ) any quota added thereto in the year
transfer or in the year before the year
transfer by allocation from a national reserve.
this Regulation, in the case
a sale
land to which a milk quota is attached, the milk quota so acquired shall remain attached to such land for the purposes
this Regulation and Regulations 5, 6, 7 and 8
these Regulations until the 31st day
March, 2000 where that sale takes place after the 31st day
March, 1994.
this Regulation shall not apply to cases to which paragraph
this Regulation applies.
less than twelve months.
these Regulations, where a lease
any land to which a milk quota attaches expires that milk quota shall be transferred to the lessor
such land on that expiry. ( b ) Where a lease
any land to which a milk quota attaches expires on a date other than the last day
the milk quota year, the amount
the milk quota to be transferred to the lessor
such land on that expiry for the remainder
the milk quota year in question shall be an amount
milk quota calculated in accordance with procedures to be determined by the Minister. ( c ) The procedures for a determination under subparagraph (b)
this paragraph shall be set out in a notice to be published in a National newspaper as soon as may be after they are established.
this Regulation, where a producer who holds a SLOM II quota sold or leased all
his holding before the 30th day
June, 1994, then that SLOM II quota shall by virtue
this Regulation be added to the national reserve. If part
the holding was sold or leased before the 30th day
June, 1994, then, a proportion
that SLOM II quota shall be so added to the national reserve and the proportion to be so added shall be in the same proportion to the total SLOM II quota as the part
the holding sold or leased is to the total holding.
this Regulation, where a producer who holds a SLOM III quota sells or leases all
his holding before the 1st day
October, 1996, then that SLOM III quota shall by virtue
this Regulation be added to the national reserve. If part
the holding is sold or leased before the 1st day
October, 1996, then a proportion
that SLOM III quota shall be so added to the national reserve and the proportion to be so added shall be in the same proportion to the total SLOM III quota as the part
the holding sold or leased is to the total holding.
an
fence.
this Regulation and who purports to retain an entitlement to the milk quota shall be guilty
an
fence.
this Regulation is made and who purports to allow the transferor to retain an entitlement to the milk quota shall be guilty
an
fence.
milk production referred to in paragraph
this Regulation was achieved then for the purposes
this Regulation and Regulations 5, 6, 7 and 8
these Regulations, no quota shall be deemed to be attached to any land except in accordance with a certificate
the Minister given under paragraph
this Regulation.
milk production referred to in paragraph
this Regulation was achieved entirely or partly on land held by the producer under a lease or licence or other limited interest then, for the purposes
this Regulation and Regulations 5, 6, 7 and 8
these Regulations, no quota shall be deemed to be attached to any land except in accordance with a certificate
the Minister given under paragraph
this Regulation.
this Regulation, the Minister may, under paragraph
this Regulation, certify that milk quota shall be attached to land purchased or inherited at any time before the application for that certificate is made.
milk production referred to in paragraph
this Regulation relates to milk quota established entirely or partly on land held by the producer under a lease or licence or other limited interest, then, for the purposes
this Regulation and Regulation 9
these Regulations, quota shall be deemed to be attached to that land where a declaration has not been given by the Minister under paragraph
Regulation 9
these Regulations.
the cases
transfers referred to in paragraph 1
.1
Council Regulation No. 3950/92 where any part
the milk quota is not transferred with the holding and is added to the national reserve.
this Regulation shall be made by way
a notice containing such determination published in a National newspaper. 5 Restricted Quota in Less Favoured Areas. 5.
the transfer in accordance with Regulation 4
these Regulations, by way
sale, lease or inheritance,
any holding or part thereof situated in the less-favoured areas, the only milk which may be recorded against the milk quota attached to that holding or part thereof which is transferred shall be milk produced from a dairy herd permanently maintained on the transferred land, or on other lands operated by the transferee or on both such lands which are situated so that the distance between— ( a ) any part
the boundary
the transferred lands, where the transferred lands comprise
contiguous lands, or any part
the boundary
the largest part
the transferred lands where the transferred lands do not consist
contiguous lands, and ( b ) any part
the boundary
such other lands where those lands comprise
contiguous lands, or any part
the boundary
the largest part
such other lands on which the where those lands do not consist
contiguous lands, does not exceed 48 kilometres.
this Regulation is made and who knowingly delivers or
fers for delivery to a purchaser with the intention that the milk be recorded against his restricted quota, milk which has been obtained from cows other than those in a dairy herd referred to in paragraph
this Regulation, shall be guilty
an
fence.
this Regulation shall not apply to any transfer
land by way
a renewal
a lease
any land where that lease had not expired at the time
the commencement
these Regulations: Provided that the person entitled to the lessee's interest at the expiry
the lease being renewed is either ( a ) the original lessee, or, ( b ) a person who has become entitled to the lessee's interest by way
inheritance; and that person becomes entitled to that interest on that renewal. 6 Recording
Milk Quota Transfers. 6.
a sale, lease or inheritance to which Regulation 4
the date
transfer, give the documents referred to in paragraph
this Regulation— ( a ) in the case
a delivery quota, to the purchaser to whom the quota is attached, or ( b ) in the case
a direct sales quota, to the Minister.
paragraph
this Regulation the documents are— ( a ) in the case
a delivery quota, the form set out in the First Schedule to these Regulations and referred to in these Regulations as the "Delivery Milk Quota Transfer Form" which shall be signed by the transferor and the transferee, ( b ) in the case
a direct sales quota, the form set out in the Second Schedule to these Regulations and referred to in these Regulations as the "Direct Sales Milk Quota Transfer Form" which shall be signed by the transferor and the transferee, and ( c ) in the case
both a delivery and a direct sales quota, a copy
the instrument
transfer together with a map showing the land transferred.
this Regulation is complied with, the amount
the milk quota in question which, subject to paragraph
this Regulation, on the date
the transfer
the holding or part thereof referred to in Regulation 4
these Regulations, has not been used by the transferor in the milk quota year in which the transfer takes place shall be transferred to the producer to whom that holding or part thereof is transferred with effect from the date
that transfer.
this Regulation is complied with, any unused quota attached to the holding or part thereof in question shall not, except in the case
a transfer by inheritance, be treated as part
the transferee's milk quota entitlement for the milk quota year in which the transfer
the holding or part thereof takes place but shall be treated as if it remained unused milk quota available for re-allocation by the Minister in respect
that milk quota year unless the transfer takes place before 31st December in that milk quota year and the documents referred to in paragraph
this Regulation are given to the appropriate person before 31st December.
the expiry
a lease, nothing in this Regulation shall require the submission
a Milk Quota Transfer Form in relation to that transfer
quota.
this Regulation shall be kept until the 31st day
March, 2001, by the registered purchaser or the Minister as appropriate.
this Regulation is not complied with the milk quota in question shall not be transferred to the transferee unless the Minister makes a declaration under paragraph
this Regulation.
this Regulation is not complied with the transferee may apply to the Minister in writing for a declaration under paragraph
this Regulation.
this Regulation the Minister may seek such information from the applicant as may be necessary to enable him to make his decision.
this Regulation, the Minister may make a declaration, on an application being made to him under paragraph
this Regulation, that the milk quota in question is to be transferred to the transferee with effect from the date
the application or such other date as the Minister thinks proper.
this Regulation the applicant shall notify the purchaser to whom the quota in question is attached and shall provide him with such documents as the Minister may specify.
this Regulation unless the transfer takes place before 31st December in the milk quota year in question and the documents referred to in paragraph
this Regulation have been given to the appropriate person before 31st December. 7 Relocation
Milk Quota upon transfer
Lands to a Public Authority or for use in the public interest or for Non-agricultural purposes. 7.
intention to exercise those powers in respect
such a holding, or part thereof, and the producer intends to carry on milk production, he may apply to the Minister in the form set out in the Third Schedule to these Regulations for— ( a ) a certificate
retention
milk quota (in the form set out in the Fourth Schedule to these Regulations and referred to in these Regulations as a "Number 1 Certificate
Retention
Milk Quota") certifying that the milk quota attached to the lands proposed to be so transferred shall, in the event
such transfer, be attached to such remainder
the transferor's holding as may be specified in the certificate, or ( b ) a certificate (in the form set out in the Fifth Schedule to these Regulations and referred to in these Regulations as a "Number I Certificate
Transfer
Milk Quota") certifying that such milk quota shall, in the event
such transfer be attached to lands to be purchased or leased or inherited by the transferor within one year and three months
the date
the certificate: Provided that the proposed transfer referred to in the application under this paragraph is made within three months
the date
that certificate, or ( c ) a Number 1 Certificate
Retention and a Number 1 Certificate
Transfer in respect
different parts
such quota.
an application under paragraph
this Regulation, the Minister may grant a certificate or certificates referred to in paragraph
this Regulation provided that each
the following requirements is satisfied: ( a ) the applicant submits to the Minister an application in the form set out in the Third Schedule to these Regulations before the date
the proposed transfer and supplies such information as the Minister may request, ( b ) the applicant gives a written undertaking that he intends to continue in milk production, and the Minister is
the opinion that such intention is bona fide, ( c ) the proposed transferee gives written consent to the application and is a public authority or satisfies the Minister that the proposed transfer is for a non-agricultural purpose or for use in the public interest and provides such information as the Minister may request, ( d ) the applicant provides the Minister with a draft
the proposed instrument
transfer and a map showing the entire
his holding outlining that area
the holding, whether all or part, which it is proposed to transfer, ( e ) where the applicant seeks a Number 1 Certificate
Retention, the Minister is satisfied that the milk quota is capable
being produced on the remainder specified in that application
his holding together with any other milk quota already attached to that remainder, ( f ) such remainder
his holding, if it is held under a lease, is held under a lease for three years or more, ( g ) the holding or part thereof to be so transferred shall be owned in fee simple by the applicant and, except in a case where a public authority possessing compulsory purchase powers has given formal notice
its intention to exercise those powers in respect
such a holding, or part thereof, shall have been so owned before the 1st day
April, 1994, by the applicant or by a person from whom the applicant acquired such a holding or part thereof, by way
inheritance, ( h ) where the applicant seeks a Number I Certificate
Retention
Milk Quota in respect
restricted quota, the Certificate
Retention will not be granted unless the distance between (i) any part
the boundary
the part
the lands to which the restricted quota is attached where those lands comprise
contiguous lands or any part
the boundary
the largest part
the lands to which the restricted quota is attached where those lands do not comprise
contiguous lands, and (ii) any part
the boundary
the lands to which the milk quota is to be attached where those lands comprise
contiguous lands, or any part
the boundary
the largest part
the lands to which the milk quota is to be attached where those lands do not comprise
contiguous lands does not exceed forty-eight kilometres. ( i ) sub-paragraph (h) shall not apply in a case where a public authority possessing compulsory purchase powers has given formal notice
its intention to exercise those powers in respect
such a holding to which a restricted milk quota is attached, ( j ) the proposed transfer
the fee simple
the applicant shall not be subject to any other estate or interest unless approved
by the Minister, and ( k ) where the applicant seeks a Number I Certificate
Transfer
Milk Quota the application shall be executed in accordance with the rules for the execution
a will set out in section 78
the Succession Act, 1965 .
Retention
Milk Quota is granted, the milk quota shall be attached to any remainder
the transferor's holding specified in that certificate and in accordance with that certificate from the date on which the proposed transfer referred to in that certificate is made: provided that the transfer referred to in that certificate is made within three months
the date
that certificate.
Retention
Milk Quota has effect is made, the transferor shall notify in writing the Minister within two months
the date
that transfer, that the transfer has been made and shall furnish the Minister with such other information as the Minister may require.
this Regulation shall be guilty
an
fence.
an application in the form set out in the Sixth Schedule to these Regulations, the Minister may grant a certificate (referred to in these Regulations as a "Number 1 Certificate
Attachment
Milk Quota") in the form set out in the Seventh Schedule to these Regulations provided that the applicant— ( a ) has a Number I Certificate
Transfer
Milk Quota in respect
the milk quota to be attached pursuant to the certificate applied for; ( b ) takes a lease
lands for a period
three years or more or purchases lands or inherits lands within one year and three months
the date
the Number I Certificate
Transfer
Milk Quota: Provided that the transfer referred to in that certificate is made within three months
the date
that certificate; ( c ) submits the application in the form set out in the Sixth Schedule to these Regulations within two months
the lease or purchase or inheritance referred to in subparagraph (b)
this paragraph; ( d ) in the case
restricted quota, subject to the exceptions referred to at sub-paragraphs (e) and (f)
this paragraph, takes a lease
land for a period
three years or more or purchases lands or inherits lands within one year and three months
the date
the Number I Certificate
Transfer
Milk Quota provided that the distance between— (i) any part
the boundary
the part
the lands to which the restricted quota was attached, where those lands comprise
contiguous lands, or any part
the boundary
the largest part
the lands to which the restricted quota was attached where those lands do not comprise
contiguous lands, and (ii) any part
the boundary
the lands to which the milk quota is to be attached where those lands comprise
contiguous lands, or any part
the boundary
the largest part
the lands to which the milk quota is to be attached where those lands do not comprise
contiguous lands does not exceed forty-eight kilometres; ( e ) sub-paragraph (d)
this paragraph shall not apply in a case where a public authority possessing compulsory purchase powers has given formal notice
its intention to exercise those powers in respect
such a holding to which a restricted quota is attached; ( f ) sub-paragraph (d) shall not apply where the applicant seeking a Number I Certificate
Attachment
Milk Quota is transferring his entire holding where the holding to be so transferred is owned in fee simple, by the applicant or by the person from whom the applicant acquired such holding by way
inheritance, for a period
three years before the date
coming into operation
these Regulations; ( g ) satisfies the Minister that such land is capable
producing the milk quota; ( h ) gives a written undertaking that it is his intention to continue in milk production and satisfies the Minister that such intention is bona fide; ( i ) submits to the Minister a copy
each
the instruments
transfer or
the instrument
transfer and
the contract, as the case may be, and
the map, referred to in the Sixth Schedule to these Regulations; and ( j ) supplies such information as the Minister may request.
Transfer
Milk Quota is granted, the grantee
the certificate, or, in the circumstances referred to in paragraph
this Regulation, the person designated by him, shall remain entitled to the relevant milk quota for a period
one year and three months from the date
that certificate provided the transfer referred to in that certificate is made within three months
the date
that certificate, and shall remain so entitled after that period where the Minister has granted a Number I Certificate
Attachment
Milk Quota during that period.
Retention
Milk Quota or a Number 1 Certificate
Attachment
Milk Quota for part only
the milk quota where he is not satisfied that the lands in question are capable
producing the entire
the milk quota.
Transfer
Milk Quota has been granted and where no Number 1 Certificate
Attachment
Milk Quota has been granted in respect
all or part
the milk quota in question during the period
one year and three months specified in paragraph
this Regulation, then all or that part
that milk quota, as the case may be, shall be added to the national reserve.
Retention
Milk Quota or a Number 1 Certificate
Transfer
Milk Quota shall have effect only where the transfer referred to in such certificate is made within three months
the date
that certificate.
this Regulation, the Minister may, on an application being made in writing for that purpose to him during the period referred to in paragraph
this Regulation or within two months following the end
that period, by the person to whom it was granted, extend the validity
a Number I Certificate
Transfer
Milk Quota or a Number I Certificate
Retention
Milk Quota issued under this Regulation where a failure to make a transfer referred to in such a certificate is due to some reasonable cause.
a Number I Certificate
Transfer
Milk Quota during the period referred to in paragraph
this Regulation, or within six months following the end
that period, extend the validity
a Number I Certificate
Transfer
Milk Quota.
a Number 1 Certificate
Transfer
Milk Quota dies after making the transfer referred to in that certificate or where his personal representative makes or is obliged to make that transfer after his death, then the person designated by that grantee in his application for the certificate as the beneficiary in the event
the applicant's death
the right to attach the milk quota in question to land to be purchased or inherited or leased may, on compliance with the conditions referred to in paragraph
this Regulation, apply for and be granted a Number 1 Certificate
Attachment
Milk Quota: Provided that an undertaking for the purposes
sub-paragraph (h)
paragraph
this Regulation need only be an undertaking that it is his intention to engage in milk production.
a holding which is not more than half a hectare in size and such part is one to which a milk quota is attached, such milk quota shall be attached to the remainder
the transferor's holding from the date
the transfer: Provided that that remainder is capable
producing that amount
quota and the instrument
transfer contains a declaration by the transferee that he does not intend to use the land so transferred for agricultural purposes and that he consents to the retention by the transferor
the milk quota attached to that land.
this Regulation shall apply to only two such transfers by a person in any one calendar year.
intention to exercise those powers. 8 Relocation
Milk Quota upon Consolidation
a Holding. 8.
milk production on his holding by— ( a ) a transfer
all
his holding with a subsequent purchase or inheritance
other lands in fee simple, or ( b ) a transfer
part
his holding, whether with or without a subsequent purchase or inheritance
other land in fee simple, he may apply to the Minister before the proposed transfer for— (i) a certificate (in the form set out in the Eighth Schedule to these Regulations and referred to in these Regulations as a "Number II Certificate
Retention
Milk Quota") that the milk quota attached to the part
his holding which he proposes to transfer shall, in the event
such transfer, be attached to such other part
his holding as may be specified in the certificate, or (ii) a certificate (in the form set out in the Ninth Schedule to these Regulations and referred to in these Regulations as a "Number II Certificate
Transfer
Milk Quota") that such milk quota shall, in the event
such transfer, be attached to land to be purchased or inherited by the transferor within one year and three months
the date
the certificate, or (iii) a Number II Certificate
Retention
Milk Quota and a Number II Certificate
Transfer
Milk Quota in respect
different parts
such milk quota.
an application under paragraph
this Regulation, the Minister may grant a certificate or certificates referred to in paragraph
this Regulation provided that each
the following requirements is satisfied: ( a ) the applicant submits to the Minister an application for a certificate in the form set out in the Tenth Schedule to these Regulations before the date
the proposed transfer and supplies such information as the Minister may request, ( b ) the Minister is satisfied that the producer will improve the structure
milk production on his holding as a result
the proposed transfer, or
the proposed transfer and a subsequent purchase or inheritance, as the case may be, ( c ) the applicant gives a written undertaking
his intention to continue in milk production and satisfies the Minister that such intention is bona fide, ( d ) the proposed transferee gives written consent to the application for a certificate or certificates, ( e ) the applicant provides the Minister with a draft
the proposed instrument
transfer and a map showing the entire
his holding, and outlining that area
the holding, whether all or part, which it is proposed to transfer, ( f ) where the applicant seeks a Number II Certificate
Retention
Milk Quota the Minister is satisfied that such milk quota is capable
being produced on the remainder specified in the application
his holding together with any other milk quota already attached to that remainder
his holding and that that remainder is held in fee simple, ( g ) the holding or part thereof to be so transferred shall be owned in fee simple by the applicant and shall have been so owned before the 1st day
April, 1994 by the applicant or by a person from whom the applicant acquired such a holding or part thereof, by way
inheritance, ( h ) where the applicant seeks a Number II Certificate
Retention
Milk Quota, in respect
restricted quota, the Certificate
Retention will not be granted unless the distance between— (i) any part
the boundary
the part
the lands to which the restricted quota is attached where those lands comprise
contiguous lands, or any part
the boundary
the largest part
the lands to which the restricted quota is attached where those lands do not comprise
contiguous lands, and (ii) any part
the boundary
the lands to which the milk quota is to be attached where those lands comprise
contiguous lands, or any part
the boundary
the largest part
the lands to which the milk quota is to be attached where those lands do not comprise
contiguous lands— does not exceed forty-eight kilometres, ( i ) the proposed transfer
the applicant's fee simple shall not be subject to any other estate or interest, unless approved
by the Minister, and ( j ) where the applicant seeks a Number II Certificate
Transfer the application shall be executed in accordance with the rules for the execution
a will set out in Section 78
the Succession Act, 1965 .
Retention
Milk Quota is granted, the milk quota shall be attached to any remainder
the transferor's holding specified in that certificate and in accordance with that certificate from the date on which the proposed transfer referred to in that certificate is made: provided the transfer referred to in that certificate is made within three months
the date
that certificate.
Retention
Milk Quota has effect is made, the transferor shall notify in writing the Minister within two months
the date
that transfer, that the transfer has been made and shall furnish the Minister with such other information as the Minister may require.
this Regulation shall be guilty
an
fence.
an application in the form set out in the Eleventh Schedule to these Regulations, the Minister may grant a certificate (referred to in these Regulations as a "Number II Certificate
Attachment
Milk Quota") in the form set out in the Twelfth Schedule to these Regulations provided that the applicant: ( a ) has a Number II Certificate
Transfer
Milk Quota in respect
the milk quota to be attached pursuant to the certificate applied for, ( b ) purchases or inherits land within one year and three months
the date
the Number II Certificate
Transfer
Milk Quota: Provided the transfer referred to in that certificate is made within three months
the date
that certificate, ( c ) submits the application in the form set out in the Eleventh Schedule to these Regulations within two months
the purchase or inheritance referred to in subparagraph (b)
this paragraph, ( d ) in the case
restricted quota, subject to the exception referred to at sub-paragraph (e)
this paragraph, purchases land or inherits land within one year and three months
the date
the Number II Certificate
Transfer
Milk Quota, provided that the distance between— (i) any part
the boundary
the part
the applicant's holding to which the restricted quota was attached where those lands comprise
contiguous lands or any part
the boundary
the largest part
the applicant's holding to which the restricted quota was attached where those lands do not comprise
contiguous lands, and (ii) any part
the boundary
the lands to which the milk quota is to be attached where those lands comprise
contiguous lands, or any part
the boundary
the largest part
the lands to which the milk quota is to be attached where those lands do not comprise
contiguous lands— does not exceed forty-eight kilometres, ( e ) sub-paragraph (d)
this paragraph shall not apply where the applicant seeking a Number II Certificate
Attachment
Milk Quota transferred his entire holding where the holding so transferred was owned in fee simple by the applicant or by the person from whom the applicant acquired such holding by way
inheritance, for a period
three years before the date
coming into operation
these Regulations, ( f ) satisfies the Minister that the land is capable
producing the milk quota, ( g ) gives a written undertaking that it is his intention to continue in milk production and satisfies the Minister that such intention is bona fide, ( h ) the applicant submits to the Minister a copy
each
the instruments
transfer or
the instrument
transfer and
the contract as the case may be and
the map referred to in the Eleventh Schedule to these Regulations, and ( i ) supplies such information as the Minister may request.
Transfer
Milk Quota is granted, the grantee
the Certificate or, in the circumstances referred to in paragraph
this Regulation, the person designated by him, shall remain entitled to the relevant milk quota for a period
one year and three months from the date
that certificate, provided the transfer referred to in that certificate is made within three months
the date
that certificate, and shall remain so entitled after that period where the Minister has granted a Number II Certificate
Attachment
Milk Quota during that period.
Retention
Milk Quota or a Number II Certificate
Attachment
Milk Quota for part only
the milk quota where he is not satisfied that the land in question is capable
producing the entire
the milk quota.
Transfer
Milk Quota has been granted and where no Number II Certificate
Attachment
Milk Quota has been granted in respect
all or part
the milk quota concerned during the period specified in paragraph
this Regulation, then all or that part
that milk quota, as the case may be, shall be added to the national reserve.
Retention
Milk Quota or a Number II Certificate
Transfer
Milk Quota shall have effect only where the transfer referred to in such certificate is made within three months
the date
that certificate.
this Regulation, the Minister may, on an application being made in writing in that behalf to him during the period referred to in paragraph
this Regulation, or within two months following the end
that period, by the person to whom the certificate was granted, extend the validity
a Number II Certificate
Transfer
Milk Quota or a Number II Certificate
Retention
Milk Quota issued under this Regulation, where a failure to make the transfer referred to in such a certificate is due to some reasonable cause.
a Number II Certificate
Transfer
Milk Quota during the period referred to in paragraph
this Regulation, or within six months following the end
that period, extend the validity
a Number II Certificate
Transfer
Milk Quota.
a Number II Certificate
Transfer
Milk Quota dies after making the transfer referred to in that certificate or where his personal representative makes or is obliged to make that transfer after his death, then the person designated by that grantee in his application for the certificate as the beneficiary in the event
the applicant's death
the right to attach the milk quota in question to land to be purchased or inherited may, on compliance with the conditions referred to in paragraph
this Regulation, apply for and be granted a Number II Certificate
Attachment
Milk Quota: Provided, that an undertaking for the purposes
subparagraph (g)
paragraph
this Regulation need only be an undertaking that it is his intention to engage in milk production. 9 Milk Quota Established on Lands held by Lease, Licence or other Limited Interest. 9.
land to which milk quota attaches, there is a lease or licence or other limited interest due to expire without any possibility
renewal on similar terms, the person entitled to such an interest may apply in writing to the Minister for a declaration that all or part
the milk quota concerned shall be transferred to him and the Minister may make a declaration that all or part
the milk quota shall be so transferred.
the following times is applicable, that is to say: ( a ) in the case
a lease or licence terminated by notice to quit, after service
such notice but before such notice takes effect, or ( b ) in the case
a lease or licence or other limited interest terminating by the expiration
a term
years or other certain period or by any other certain event, not less than three months before such termination, or ( c ) in the case
a lease or licence or other limited interest which has expired by termination
possession, not more than three months after such termination or within three months from the date on which notification
termination has been given, whichever is the earlier.
this Regulation within three months after the date
receipt
a request under that paragraph.
this Regulation shall not be made unless the applicant for such declaration supplies such information as the Minister may request and the Minister is satisfied that any person who has an interest in the proposed declaration has been given notice in writing
the consideration by the Minister
the matter and has had an opportunity to submit observations in writing in that behalf.
this Regulation, the Minister may stay the operation
paragraph
Regulation 4
these Regulations for a period not exceeding six months.
this Regulation the person in whose favour that declaration has been made or the person designated by him in his application for the declaration as the beneficiary in the event
his death
the right to attach the milk quota in question to land to be purchased, inherited or leased shall remain entitled to the milk quota for a period
one year and three months from the date
the declaration and he shall remain so entitled after that period where the Minister has granted a Number III Certificate
Attachment in the form set out in the Thirteenth Schedule to these Regulations during that period.
the expiry
a period referred to in paragraph
this Regulation the Minister may extend the time for making an application referred to in that paragraph by one month where he is satisfied that a failure to make such an application was due to some reasonable cause.
an application, the Minister may grant a certificate referred to in these Regulations as a Number III Certificate
Attachment
Milk Quota provided that the applicant satisfies each
the following requirements, namely, he— ( a ) has received a declaration under paragraph
this Regulation in respect
the milk quota to be attached pursuant to the certificate applied for, ( b ) owns land, or has a lease
land for a period
three years or more, or purchases land, or inherits land within one year and three months after the date
the declaration, ( c ) applies to the Minister in writing within two months
the lease or purchase or inheritance referred to in subparagraph (b)
this paragraph, or within two months
the date
the declaration granted under paragraph
this Regulation in the case
land owned at the date
that declaration, ( d ) satisfies the Minister that the land referred to at subparagraph (b)
this paragraph is capable
producing the milk quota, ( e ) gives a written undertaking that it is his intention to continue in milk production, and satisfies the Minister that such intention is bona fide, ( f ) submits to the Minister a map
the land referred to at subparagraph (b)
this paragraph and in the case
land not owned at the date
the declaration a copy
the instrument
transfer, ( g ) supplies such information as the Minister may request.
Attachment
Milk Quota for part only
the milk quota where he is not satisfied that the land in question is capable
producing the entire
the milk quota.
Attachment
Milk Quota has been granted in respect
all or part
the milk quota included in the declaration referred to in paragraph
this Regulation during the period
one year and three months specified in paragraph
this Regulation then all or that part
that milk quota shall be added to the national reserve.
this Regulation shall apply to a person who has established a quota or his heirs but it shall not apply to a person who has acquired quota by way
a lease
land and quota.
this Regulation in relation to a lease referred to in a Number 1 Certificate
Retention
Milk Quota or a Number 1 Certificate
Attachment
Milk Quota shall be granted.
this Regulation in relation to a lease referred to in a Number III Certificate
Attachment shall be granted.
this Regulation who fails to notify the Minister
the expiry
that lease shall be guilty
an
fence.
an expired lease referred to in paragraph
this Regulation where no application under paragraph
this Regulation has been made.
a declaration under paragraph
this Regulation dies after receiving the declaration then the person who shall have been designated by that grantee in his application for that declaration as the beneficiary in the event
his death
the right to attach the milk quota in question to land owned or to be purchased or inherited or leased may, on compliance with the conditions referred to in paragraph
this Regulation, apply for and be granted a Number III Certificate
Attachment: Provided that an undertaking for the purposes
paragraph
this Regulation need only be an undertaking that it is his intention to engage in milk production.
this Regulation shall be executed in accordance with the rules for the execution
a will set out in section 78
the Succession Act, 1965 . 10 Calculation
Levy. 10. For the purposes
.1
Council Regulation No. 3950/92 (which deals with the calculation
the levy) the contribution towards the levy
the producers who make wholesale deliveries shall be established, in accordance with the provisions
that Article, at the level
the purchaser. 11 National Reserve. 11.
each
the individual milk quotas in order to grant additional or specific milk quotas to producers determined in accordance with objective criteria agreed with the Commission
the European Communities and published by the Minister in a National newspaper.
this Regulation, notice
such reduction shall be given by ordinary prepaid post to each purchaser and a notice
that reduction shall be inserted in a National newspaper and that notice shall state in general terms the reason for the reduction.
this Regulation and the conditions to be complied with by a producer to whom such a grant is to be made. 12 Transfer
Milk Quota between Purchasers. 12.
any delivery quotas attached to each purchaser, for the purposes
these Regulations and the Council and the Commission Regulations.
any change in his milk quota made pursuant to these Regulations.
milk in that quarter to the new purchaser pursuant to notices under paragraphs
this Regulation.
this Regulation, shall send to the purchasers concerned, notices
his intention to make a transfer in that quarter and the notices shall be sent in sufficient time so as to arrive not later than the last day which is not a Saturday, Sunday or public holiday,
the second last quarter before the commencement
the quarter in which he wishes the transfer to be effected.
this Regulation shall be sent — ( a ) to the existing purchaser, a notice (referred to in these Regulations as Producer Transfer Notice Number 1) in the form set out in the Fourteenth Schedule to these Regulations, and ( b ) to the new purchaser, a notice (referred to in these Regulations as Producer Transfer Notice Number II) in the form set out in the Fifteenth Schedule to these Regulations which notice shall be accompanied by— (i) where the quota to be transferred includes quota to which the producer is entitled under a lease
land, a copy
the lease and, (ii) if applicable, a copy
the "Delivery Milk Quota Transfer Form" referred to in subparagraph (a)
Paragraph
Regulation 6
these Regulations.
the date
such commencement, apply in writing to the Minister in accordance with paragraph
this Regulation for an appropriate adjustment in its milk quota and in that
the existing purchaser.
this Regulation unless the applicant provides him with copies
the certificates
posting or other similar evidence in writing
posting referred to in paragraph
this Regulation.
the application referred to in paragraph
this Regulation.
this Regulation shall be in such form and shall contain such information as the Minister may, from time to time, specify in a notice to purchasers.
this Regulation shall be guilty
an
fence.
this Regulation, a producer may apply in writing to the Minister for approval for the transfer
his delivery quota, in whole or in part, from the existing purchaser to a new purchaser with effect from a date specified in the application and such application shall state the reason why it is being made and the Minister shall give notice in writing to the existing purchaser and the new purchaser
any such application and shall give each
them an opportunity to state his views in writing.
this Regulation, he may do so with effect from a date other than that specified in the application and on specified conditions as to the giving
notices to the existing purchaser and the new purchaser.
this Regulation shall be sent by pre-paid registered post and such notices shall not be valid unless certificates
posting are, or other similar evidence in writing
posting is, obtained from An Post, which the producer shall make available for inspection and copying, at the request
the existing purchaser, or the Minister, or an authorised
ficer, and the producer shall give copies
the certificates
posting or other such evidence to the new purchaser and shall make them available for inspection by that purchaser.
the delivery quota transferred in accordance with this Regulation shall, in accordance with the second sub-paragraph
.2
Council Regulation No. 3950/92, be reduced so as to take account
the amount
milk quota necessary to cover the deliveries made by the producer to his existing purchaser in the milk quota year in which the transfer takes place.
the Minister under paragraph
this Regulation includes the power to revise, whether by a reduction or increase, a purchaser's milk quota where he is satisfied that a particular delivery quota or part thereof should not be regarded as being attached to the purchaser whether because the person apparently entitled thereto is not in fact so entitled or for any other reason.
this Regulation shall not be exercised unless all persons who in the opinion
the Minister have an interest in the proposed revision have been given notice in writing
the consideration by the Minister
the matter and are given an opportunity to submit observations in writing.
a quota under paragraph
this Regulation to which a producer is entitled under a lease
land shall cease to have effect on the expiry
that lease and shall not operate to attach that quota in the name
the lessor to the purchaser to whom the quota had been attached under that transfer and such quota shall, in accordance with paragraph
Regulation 4
these Regulations on such expiry become attached to the purchaser to which it had been attached before such transfer.
a milk quota, from one purchaser to another purchaser which took place before the coming into operation
these Regulations, to which a producer is entitled under a lease
land shall cease to have effect on the expiry
that lease and shall not operate to attach that quota in the name
the lessor to the purchaser to whom the quota had been attached under that transfer and such quota shall, in accordance with paragraph
Regulation 4
these Regulations on such expiry become attached to the purchaser to which it had been attached before such transfer. 13 Collection
Levy. 13.
the levy which is payable by a purchaser or a direct sales producer pursuant to Council Regulation No. 3950/92 or Commission Regulation No. 536/93 or any amount due in respect
the application
the penalty which is provided for in Article 3.2
Commission Regulation No. 536/93 or the penalty provided for in Article 4.2
the said Commission Regulation shall be paid to the Minister by the person from whom it is due in accordance with the said Regulations and these Regulations.
the levy which is not paid to the Minister in accordance with paragraph
this Regulation shall bear interest at the rate per annum standing specified for the time being in section 26
the Debtors (Ireland) Act, 1840, in accordance with sub-paragraph 2
.4
Commission Regulation No. 536/93 in the case
purchasers and in accordance with sub-paragraph 2
.4
Commission Regulation No. 536/93 in the case
direct sales producers.
this Regulation may be recovered in any court
competent jurisdiction by the Minister from the person by whom it is payable as a simple contract debt due to the Minister.
the levy and fails to do so shall be guilty
an
fence. 14 Milk Purchaser's Annual Declaration. 14.
May in each year, a purchaser shall forward to the Minister a statement setting out the sum
the delivery quotas attached to it in the previous milk quota year and in respect
any milk and any milk equivalent delivered to it in the previous milk quota year— ( a ) the total quantity, ( b ) the quantity corrected in accordance with Article 2
Commission Regulation No. 536/93, ( c ) the average fat content
any such milk or milk equivalent, and ( d ) the average representative fat content associated with the delivery quotas
the producers who delivered that milk.
this Regulation or forwards to the Minister in purported compliance with that paragraph a statement that is false or misleading in a material respect shall be guilty
an
fence. 15 Allocation
Unused Quantities. 15. For the purposes
.4
Council Regulation No. 3950/92 the Minister may, by notice published in a National newspaper, specify the priority categories
producers determined in accordance with Article 5
Commission Regulation No. 536/93 who will benefit from the application
.4
Council Regulation No. 3950/92. 16 Temporary Leasing. 16.
.1
Council Regulation No. 3950/92 the categories
producers who may benefit from quota made available by way
temporary transfer under the 1st paragraph
the Council Regulation No. 3950/92.
this Regulation shall be made by a notice containing such determination published in a National newspaper.
.1
Council Regulation No. 3950/92 the extent to which temporary transfers under paragraph
this Regulation may be renewed.
this Regulation shall be made by way
a notice containing such determination published in a National newspaper. 17 Register
Milk Purchaser. 17.
purchasers to be known as the "Register
Milk Purchasers" and in these Regulations referred to as "the Register".
March, 1994, unless he is a registered purchaser shall be guilty
an
fence.
this Regulation shall not apply to a person who was a purchaser on the 1st day
April, 1994, for a period
four months from that date.
a sole purchaser, in the form set out in the Sixteenth Schedule to these Regulations, ( b ) In the case
a group
purchasers, in the form set out in the Seventeenth Schedule to these Regulations, and ( c ) In the case
a joint purchaser, in the form set out in the Eighteenth Schedule to these Regulations.
these Regulations, registered under Regulation 15
the European Communities (Milk Quota) Regulations, 1994 ( S.I. No. 70
1994 ), shall on such commencement be registered under these Regulations as a sole purchaser.
this Regulation is received by the Minister, he shall consider the application and, if he approves
it, he shall cause the name
the sole purchaser, the group
purchasers or the joint purchaser and all other relevant information to be registered in the Register.
Regulation 18 (a)
these Regulations, paragraph
Regulation 19
these Regulations and Regulation 20 (b)
these Regulations shall be ( a ) in the case
an applicant who is a company, a copy
the Memorandum and Articles
Association
the company showing that the company has power to act as a purchaser, or ( b ) the rules in the case
an industrial and provident society established under the Industrial and Provident Societies Acts, 1893 to
Regulation 17
these Regulations unless— ( a ) where he is not an individual, he has provided proof in accordance with paragraph
Regulation 17
these Regulations that he has the legal authority to buy milk, ( b ) he has premises in the State where the stock accounts, registers and other documents referred to in sub-paragraph (c)
.1
Commission Regulation No. 536/93 may be inspected by an authorised
ficer, ( c ) he states in the form set out in the Sixteenth Schedule to these Regulations that he undertakes to keep up to date the stock accounts, registers and other documents referred to in sub-paragraph (c)
.1
Commission Regulation No. 536/93, and ( d ) he states, in the form set out in the Sixteenth Schedule to these Regulations, to undertake to send and to send to the Minister the statement referred to in paragraph
Regulation 14
these Regulations in accordance with that Regulation. 19 Group
Purchasers. 19.
purchasers shall not be registered under paragraph
Regulation 17
these Regulations unless— ( a ) each member provides its name and address; ( b ) each member provides details
its collection area; ( c ) each member provides proof in accordance with paragraph
Regulation 17
these Regulations that it has the legal authority to buy milk where that member is not an individual, ( d ) the members provide a statement in the form set out in the Seventeenth Schedule to these Regulations that they have decided that a designated person named in the statement shall, on their behalf, carry out the administrative and accounting operations necessary for the payment
the levy and satisfy the Minister that that person has the premises in the State where the accounts and other documents relating to the operation
this subparagraph may be inspected by an authorised
ficer, ( e ) each member has premises in the State where the stock accounts, registers and other documents referred to in sub-paragraph (c)
.1
Commission Regulation No. 536/93 may be inspected by an authorised
ficer, ( f ) each member states in the form set out in the Seventeenth Schedule to these Regulations that he will undertake to keep up to date the stock accounts, registers and other documents referred to in sub-paragraph (c)
.1
Commission Regulation No. 536/93, and ( g ) the members undertake in the form set out in the Seventeenth Schedule to these Regulations joint and several obligations to send to the Minister the statement referred to in Regulation 14
these Regulations in respect
the registered group
purchasers.
purchasers may only be registered with effect from the first day
April in any year. 20 Joint Purchaser. 20. A joint purchaser shall not be registered under paragraph
Regulation 17
these Regulations unless: ( a ) each member provides its name and address; ( b ) each member provides proof in accordance with paragraph
Regulation 17
these Regulations that it has the legal authority to buy milk; ( c ) each member which is a wholly owned subsidiary provides proof that it is such a subsidiary within the meaning
Regulation 2
these Regulations; ( d ) each member which is wholly owned by an industrial and provident society provides the Minister with proof that it is so owned within the meaning
Regulation 2
these Regulations; ( e ) each member has premises in the State where the stock accounts, registers and other documents referred to in sub-paragraph (c)
.1
Commission Regulation No. 536/93 may be inspected by an authorised
ficer; ( f ) each member states in the form set out in the Eighteenth Schedule to these Regulations that he undertakes to keep up to date the stock accounts, registers and other documents referred to in sub-paragraph (c)
.1
Commission Regulation No. 536/93; and ( g ) the members undertake in the form set out in the Eighteenth Schedule to these Regulations joint and several obligations to send to the Minister the statement referred to in Regulation 14
these Regulations in respect
the registered joint purchaser. 21 Notification
Registration. 21.
purchasers in the Register, he shall notify each member
that group that he has so registered that group.
that joint purchaser that he has so registered that joint purchaser. 22 Removal or Alteration
Registration. 22.
the type referred to in Regulation 18 (b)
these Regulations or if he breaches either
the undertakings referred to in Regulation 18 (c) and (d)
these Regulations, or if that purchaser repeatedly fails to comply with any other obligation under Council Regulation No. 3950/92 or Commission Regulation No. 536/93, or if the provisions
paragraph
this Regulation apply.
purchasers from the Register if the members cease to have the legal authority to act as a purchaser or if the members cease to have premises
the type referred to in paragraph
Regulation 19
these Regulations, or if they breach any
the undertakings referred to in Regulation 19
these Regulations, or if the members repeatedly fail to comply with any other obligation under Council Regulation No. 3950/92 or Commission Regulation No. 536/93, or if the provisions
paragraph
this Regulation apply to the members, or if the statement referred to in paragraph
Regulation 19
these Regulations is no longer correct or, if the designated person ceases to carry out the operations or ceases to have the premises referred to in paragraph
Regulation 19
these Regulations.
a registered group
purchasers consisting only
two members, the Minister may remove the reference to the group
purchasers from the Register where one member who is not an individual ceases to have the legal authority to act as a purchaser, or if one
the members ceases to have premises
the type referred to in paragraph
Regulation 19
these Regulations, or if one
the members breaches the undertaking referred to in paragraph
Regulation 19
these Regulations, or if one
the members repeatedly fails to comply with any other obligation under Council Regulation No. 3950/92 or Commission Regulation No. 536/93, or if the provisions
paragraph
this Regulation apply to one
the members, or if the statement referred to in paragraph
Regulation 19
these Regulations is no longer correct.
a group
purchasers by deleting the reference to one or more members where one or more
the members ceases to have the legal authority to act as a purchaser or ceases to have premises
the type referred to in paragraph
Regulation 19
these Regulations, or if one or more
the members breaches the undertaking referred to in paragraph
Regulation 19
these Regulations, or if one or more
the members repeatedly fails to comply with any other obligation under Council Regulation No. 3950/92 or Commission Regulation No. 536/93, or if the provisions
paragraph
this Regulation apply to one or more
the members, or if the statement referred to in paragraph
Regulation 19
these Regulations is no longer correct with regard to one or more
the members.
a group
purchasers on an application in the form set out in the Seventeenth Schedule to these Regulations for the addition
one or more additional members to that group
purchasers provided the conditions
paragraph
Regulation 19
these Regulations have been complied with.
the type referred to in Regulation 20 (e)
these Regulations, or if the members breach the undertaking referred to in Regulation 20 (f) or (g)
these Regulations, or if the members repeatedly fail to comply with any other obligation under Council Regulation No. 3950/92 or Commission Regulation No. 536/93, or if the provisions
paragraph
this Regulation apply to the members, or if they cease to be a joint purchaser.
a joint purchaser consisting only
two members the Minister may remove the reference to the joint purchaser from the Register where one member ceases to have the legal authority to act as a purchaser, or if one member ceases to have premises
the type referred to in Regulation 20 (e)
these Regulations, or if one member breaches the undertaking referred to in Regulation 20 (f)
these Regulations, or if one member repeatedly fails to comply with any other obligation under Council Regulation No. 3950/92 or Commission Regulation No. 536/93, or if the provisions
paragraph
this Regulation apply to one member, or if the members cease to be a joint purchaser.
a joint purchaser by deleting the reference to a member from the register if the member ceases to have the legal authority to act as a purchaser, or if the member ceases to have premises
the type referred to in Regulation 20 (e)
these Regulations, or if the member breaches the undertaking referred to in Regulation 20 (f)
these Regulations, or if the member has repeatedly failed to comply with any other obligation under Council Regulation No. 3950/92 or Commission Regulation No. 536/93, or if the provisions
paragraph
this Regulation apply to the member, or if the member ceases to be a member
the joint purchaser.
a joint purchaser on an application in the form set out in the Eighteenth Schedule to these Regulations for the addition
one or more additional members to that joint purchaser provided the conditions
Regulation 20
these Regulations have been complied with.
that fact and the purchaser may make observations in writing to the Minister.
purchasers from the Register, or to amend the registration
a group
purchasers by deleting a member or members from, or adding a member or members to, the Register, he shall inform each member
that group and the designated person referred to in paragraph 1(d)
Regulation 19
these Regulations in writing
that fact and each member and that designated person may make observations in writing to the Minister.
a joint purchaser by deleting a member or members from, or adding a member or members to, the Register, he shall inform each member
that joint purchaser in writing
that fact and each member
that joint purchaser may make observations in writing to the Minister.
a purchaser in the Register may be deleted by the Minister where ( a ) in the previous milk quota year no milk was delivered to that purchaser, and ( b ) at the time
the decision
the Minister, no quota is attached to that purchaser, and ( c ) no valid Producer Transfer Notice Number II has been sent to that purchaser in accordance with Regulation 12
these Regulations and no corresponding valid Producer Transfer Notice Number I has been sent to an existing purchaser in accordance with Regulation 12
these Regulations.
a registered sole purchaser, or
the members
a registered group
purchasers, or
the members
a registered joint purchaser, remove the reference to such purchaser from the register where he is satisfied that it is proper to do so.
a member
a registered group
purchasers, or
a member
a registered joint purchaser, amend the registration
that purchaser by deleting the reference to that member where he is satisfied that it is proper to do so. 23 Access to Register. 23.
each registered sole purchaser, registered group
purchasers including the name
each member
that group, and registered joint purchaser including the name
each member
that joint purchaser, within six months
the coming into operation
these Regulations and shall publish in a National newspaper a notice
any amendments thereto.
an
fence.
deliveries
milk to him.
this Regulation shall be guilty
an
fence. 25 Maintenance
Records — Milk Purchasers. 25. A purchaser who fails to comply with any
the obligations in Article 7.1 (c) or (d)
Commission Regulation No. 536/93 shall be guilty
an
fence. 26 Maintenance
Records — Direct Sales Producers. 26. A direct sales producer who fails to comply with any
the obligations in Article 7.1 (f)
Commission Regulation No. 536/93 shall be guilty
an
fence. 27 Recording
Milk Deliveries. 27.
such collection at the holding, the date, the quantity
milk or other milk products supplied and the name and address
the producer supplying the milk or the number assigned by the purchaser to that producer where the Minister has been informed that such number has been so assigned.
all other deliveries
milk or other milk products to a purchaser, the record provided for in paragraph
this Regulation shall be made by the purchaser or his agent at the time
delivery.
this Regulation shall be kept for a period
at least three years after the milk quota year in which the delivery concerned is made.
the provisions
this Regulation or who makes a record in purported compliance with this Regulation which is false or misleading in a material respect shall be guilty
an
fence. 28 Recording
Milk Intake. 28.
fers for delivery to a purchaser with the intention that the delivery be recorded against his delivery quota in the records
that purchaser milk which has not been produced by him on a holding operated by him shall be guilty
an
fence.
an
fence under paragraph
this Regulation shall be guilty
an
fence.
an
fence.
a purchaser who knowingly assists a person to commit an
fence under paragraph
this Regulation shall be guilty
an
fence.
these Regulations milk which has not been produced in accordance with Regulation 5
these Regulations shall be guilty
an
fence.
a purchaser who knowingly assists a person to commit an
fence under paragraph
this Regulation shall be guilty
an
fence. 29 Deduction
Levy by Milk Purchasers. 29.
some or all
that excess an amount equal to the amount
the levy which might be payable by that producer from the sums owed to the producer for any milk delivered by him.
this Regulation shall be paid by the purchaser into a bank account kept by him for that purpose and no other monies shall be paid into that account and any interest earned on that account which may reasonably be attributed to an amount so deducted shall be paid to the producer.
paragraph
this Regulation and paid into the account in accordance with paragraph
this Regulation may only be used in the discharge
the potential levy in respect
which it was deducted, or refunded to the producer.
the levy for which that producer is liable in accordance with the requirements
Council Regulation No. 3950/92 and Article 3
Commission Regulation No. 536/93 shall be guilty
an
fence. 30 Recovery
Levy. 30. In any proceedings for the recovery
any amount due in respect
the levy or any interest or any penalty referred to in Regulation 13
these Regulations or in any prosecution for an
fence under these Regulations, a certificate purporting to be signed by an authorised
ficer and certifying that he has inspected the records
the Minister and the records
a particular purchaser or direct sales producer and that it appears from those records that the purchaser or producer is liable to pay to the Minister, in respect
the levy or in respect
such interest or penalty, an amount specified in the certificate and that such amount has not been recovered by the Minister shall, without proof
the signature
that person or that such person was, at the relevant time, an authorised
ficer, be evidence
the facts so certified. 31 Fat Content
Milk Deliveries. 31.
this Regulation, a purchaser shall determine or cause to be determined the fat content
samples taken from milk delivered to him by each producer at such intervals as may be required for the purposes
the method being used for such determination or at such intervals as may be specified in a notice sent by the Minister to all purchasers.
any determination
the fat content
milk delivered by him.
any tests and a record
all notifications made under paragraph
this Regulation for a period
three years from the end
the milk quota year in which the test is performed or the notification is made as the case may be.
the provisions
this Regulation shall be guilty
an
fence.
ficer may at all reasonable times enter any premises in which he has reasonable grounds for believing that a purchaser or his agent tests or stores samples for the purposes
this Regulation to examine the operation
anything on those premises which appears to be used for the purposes
such testing or storing.
paragraph
this Regulation, the determination
fat content shall be made in accordance with the Gerber method as referred to in the publication
the Institute for Industrial Research and Standards entitled "Determination
the Percentage
Fat in Milk" (I.S. 66: 1955) or any other method specified by the Minister for the purposes
this Regulation in a notice sent to all purchasers. 32 Dormant Milk Quotas. 32.
May in each year give to the Minister in writing the name and address, and details
the quota,
every producer who has a quota attached to him, who did not make deliveries
milk to him during the previous milk quota year, and who, during that milk quota year did not make a temporary transfer
milk quota pursuant to a scheme for temporary transfers authorised by the Minister under Regulation 16
these Regulations.
fer for sale any milk or milk products during a milk quota year and did not during that year make a temporary transfer
milk quota pursuant to a scheme for temporary transfers authorised by the Minister under Regulation 16
these Regulations, he shall, on or before, the 15th day
May next following that milk quota year notify the Minister in writing
those facts.
a person referred to in paragraph
this Regulation or in a case where a direct sales producer fails to send the declaration referred to in Article 4.2
Commission Regulation No. 536/93 before the 1st day
July in any year or in any other case where the Minister has reason to suspect that a producer who has a quota direct sales or a delivery has not marketed or delivered milk produced on his holding in a milk quota year, the Minister may, before the 31st day
July in the following milk quota year, or within three months as appropriate, serve a notice on the person stating that he is considering adding the milk quota
that person to the national reserve and informing him that if he wishes to make any observations he may do so within 30 days
the date
the service
the notice.
his quota to the national reserve.
milk he shall be granted a quota no later than the 1st day
April following the date
his application, in accordance with the provisions
Council Regulation No. 3950/92.
time referred to in paragraph
Regulation 7
these Regulations or in paragraph
Regulation 8
these Regulations or in paragraph
Regulation 9
these Regulations includes an entire milk quota year or nine months or a longer period
a milk quota year or where such a period
time expires in any milk quota year after the 31st day
October then the power
the Minister under paragraph
this Regulation shall not be exercisable on account
non-production in that milk quota year by the person entitled to a quota referred to in paragraph
Regulation 7
these Regulations or in paragraph
Regulation 8
these Regulations or in paragraph
Regulation 9
these Regulations in respect
such quota.
the Arbitration Act, 1954 , or is the subject
proceedings before a court and where the person who is entitled or would appear to be entitled to that milk quota does not deliver or sell milk in a milk quota year then, if the Minister is satisfied that the arbitration or proceedings in question are being prosecuted with reasonable speed, he shall not exercise his power under paragraph
this Regulation.
this Regulation shall be guilty
an
fence. 33 Definitive Discontinuation
Milk Production. 33.
the definitive discontinuation
milk production and who delivers or markets milk or milk products either to a purchaser or for direct consumption contrary to such a scheme shall be guilty
an
fence.
this Regulation shall be guilty
an
fence. 34 Permanent Transfers
Direct Sales and Delivery Quotas. 34. Any application to the Minister pursuant to Article 4.2
Council Regulation No 3950/92 by a producer for an increase in, or the establishment
, a deliveries milk quota or a direct sales milk quota by means
a reduction in or cancellation
the milk quota held by the producer shall be made in writing to the Minister on or before the 31st day
October in the milk quota year in which he wishes that increase or establishment to commence. 35 Restructuring
Milk Quotas. 35.
Council Regulation No. 3950/92 the producers who may obtain, in return for payment, at the beginning
a milk quota year the reallocation by the Minister or by designated milk purchasers in a manner specified by the Minister
direct sales or delivery quotas surrendered at the end
the preceding milk quota year by other producers in return for compensation equal to the said payment and the conditions to be complied with by a producer to whom such a grant is to be made.
this Regulation shall be made by a notice containing such determination published in a National newspaper. 36 Appointment
Authorised
ficers. 36.
his
ficers as he sees fit to be authorised
ficers for the purposes
these Regulations.
ficer shall be issued with a warrant
appointment and shall, when exercising or seeking to exercise any power under these Regulations, if requested by the person affected, produce the warrant to that person and a form
personal identification.
any authorised
ficer. 37 Authorised
ficers. 37.
ficer may do all or any
the following, namely,— ( a ) at all reasonable times enter and inspect any premises in which he has reasonable grounds for believing that any books, records or other documents (whether stored electronically or otherwise) relating to the production, delivery, processing or disposal
milk or milk products or to the payment
, or otherwise relating to, the levy, are kept, ( b ) require any person on such premises to produce such
the aforesaid books, records or other documents as the authorised
ficer may require for the purpose
the exercise
any
the powers conferred on him by these Regulations, ( c ) require any such person to give such information relating to the aforesaid books, records or other documents or to the production, delivery, processing or disposal
milk or milk products or to the payment
, or otherwise relating to, the levy, as the authorised
ficer may reasonably require, ( d ) inspect, copy and take extracts from any such records, books or documents, ( e ) require any person in possession
or in control
any data relating to the production, delivery, processing or disposal
milk or milk products or to the payment
, or otherwise relating to, the levy, to allow and, if necessary, assist him to— (
any such data equipment, (iii) extract any information constituting such data, (iv) obtain knowledge about the books, records and other documents referred to in this Regulation.
ficer or a person engaged by the Minister and referred to in paragraph
this Regulation when he is exercising a power conferred on him by these Regulations shall be guilty
an
fence.
this Regulation include books, records or other documents, whether stored electronically or otherwise, relating to any method
, or programme for, the conversion
information into data, the processing
data, or the use
data equipment.
ficer exercising his powers under this Regulation may be accompanied by a person engaged by the Minister under a contract for services to assist in such exercise and the authorised
ficer may require any person to do in relation to, or to allow to be done by, any person so engaged anything which he may require to be done in relation to, or to be allowed to be done by, himself.
data" means performing automatically logical or arithmetical operations on data and includes extracting any information constituting the data; "data" means information in a form in which it can be processed; "information" includes, unless the contrary intention appears, data and in paragraph
this Regulation includes information about any such method or programme or use referred to in paragraph
this Regulation. 38 Functions performed by Authorised
ficers. 38. The functions conferred on the Minister by Regulations 4, 5, 6, 7, 8, 9, 12, 17, 21, 22, 32 and 34
these Regulations may be performed by an authorised
ficer. 39 Certification
Outstanding Levy. 39. For the purposes
any proceedings under paragraph
Regulation 29
these Regulations a certificate purporting to be signed by an authorised
ficer and certifying that he has inspected the records
the Minister and
a particular purchaser and that it appears from those records that there was a failure by the purchaser concerned to recover, in respect
the levy, an amount specified in the certificate from a producer or producers so specified, shall, without proof
the signature
that person, or that such person was, at the relevant time, an authorised
ficer, be evidence
the facts so certified. 40 Submission
False Information — Direct Sellers. 40. A direct sales producer who fails to comply with Article 4.2
Commission Regulation No. 536/93 or to forward to the Minister in purported compliance with Article 4.2
that Regulation a declaration that is false or misleading in a material respect shall be guilty
an
fence. 41 Submission
Information. 41.
the following, namely, sole purchasers, registered groups
purchasers, registered joint purchasers, individual purchasers, request all or any information concerning all or any
the following: ( a ) the level
the quota
the purchaser whether in total or in relation to individual producers; ( b ) the operation
any scheme under Regulation 15
these Regulations; ( c ) the operation
any scheme under Regulation 16
these Regulations; ( d ) the operation
any scheme under Regulation 35
these Regulations; ( e ) details
transfers under Regulation 6
these Regulations; ( f ) details
deliveries
milk and fat content
milk on a monthly basis; ( g ) exports and imports
milk and milk products on a quarterly basis.
this Regulation shall furnish to the Minister the information so requested within the time limit specified in that notice.
this Regulation shall be guilty
an
fence unless he establishes that there was a valid reason why he could not furnish the information. 42 Obligations, Liabilities and Penalties for Purchasers. 42.
which are provided for or referred to in Regulations 13 and 14
these Regulations, shall, in the case
a registered joint purchaser, or a registered group
purchasers, be imposed on the members
such a registered joint purchaser or registered group
purchasers jointly and severally.
fence contrary to Regulations 13, 14, 37 or 41
these Regulations, then, in the case
a registered joint purchaser or a registered group
purchasers, proceedings in respect
that
fence may be instituted against all or any
the members
such registered joint purchaser or registered group
purchasers and any such member or members may be dealt with in such proceedings notwithstanding any failure to institute proceedings against any other member. 43
fences by Corporate Bodies. 43. Where an
fence under any
these Regulations is committed by a body corporate and is proved to have been so committed with the consent, connivance
, or to be attributable to any neglect on the part
any person being a director, manager, secretary or other
ficer
that body, or any person who was purporting to act in any such capacity, that person shall also be guilty
an
fence under that Regulation. 44
fences. 44. A person who is guilty
an
fence under Regulation 4
these Regulations shall be liable on summary conviction to a fine not exceeding £1, 500, or to a period
imprisonment not exceeding 12 months or to both such fine and such imprisonment. 45 Transitional Measures. 45.
the Interpretation Act, 1937 (No. 38
1937), the European Communities (Milk Quota) Regulations, 1994, shall continue to apply in respect
contraventions
those Regulations which took place before the coming into operation
these Regulations.
the European Communities (Milk Quota) Regulations, 1994, those Regulations shall apply to any applications made to the Minister and received by him before the coming into operation
these Regulations. 46 Revocation
the European Communities (Milk Quota) Regulations, 1994. 46.
section 22
the Interpretation Act, 1937 , the revocation effected by paragraph
this Regulation shall not affect the operation
the said Regulations as regards cows milk produced on or before the 3rd day
October, 1995, and the imposition
any levy thereon. GIVEN under my
ficial Seal, this 4th day
October, 1995. IVAN YATES, Minister for Agriculture, Food and Forestry. FIRST SCHEDULE EUROPEAN COMMUNITIES (MILK QUOTA) REGULATIONS, 1995 Delivery Milk Quota Transfer Form This form should be completed and signed by both the transferor (PART A) and the transferee (PART B) and sent to the milk purchaser to whom the milk quota is at present attached within two months
the date
transfer together with a copy
the instrument
transfer in accordance with the provisions
Regulation 6
the European Communities (Milk Quota) Regulations,
LAND TRANSACTION I/We __________________________________________________________________________ (Name
Transferee in BLOCK CAPITALS) Address: _______________________________________________________________________ _______________________________________________________________________________, my/our holding being in the Townland(s)
____________________________________, _______________________________________________________________________________ and in the DED
________________________________________________________________, Folio Number(s) _____________________________________ County _____________________, hereby notify the milk purchaser named below: Name
Milk Purchaser:___________________________________________________________ Address: _______________________________________________________________________ _______________________________________________________________________________
the transfer on the _____ day
_____ (month) ______ (year) to me/us by way
: (√ as appropriate) □ purchase □ lease □ inheritance
land to which milk quota is attached. This land has been acquired from Name
Transferor: __________________________________________________________ (BLOCK CAPITALS) Address: _______________________________________________________________________ _______________________________________________________________________________, and is situated in the Townland(s)
_________________________________________________ and in the DED
_______________________ , Folio Number ____________________________ County ________________________________. 2. DETAILS
AREA
LAND ACQUIRED The area
the land transferred to me on foot
the transaction referred to at 1 above is ___________________________________ hectares. This land is outlined in red on the attached map. 3. QUANTITY
MILK QUOTA TRANSFERRED (i) The total quantity
milk quota attaching to the acquired land is _______________________ litres ( ________________ gallons). (ii) The amount
quota transferred on foot
this transaction in respect
the milk quota year in which the transaction takes place will be based on either
the following circumstances: (√ the appropriate box) ( a ) □ Transaction is effective as and from the first day
the milk quota year. In this event, ALL the quota attaching to the above land may be transferred. OR ( b ) □ Transaction is effective from a date other than the first day
the milk quota year. In this event, the unused balance
the quota attaching to the above land in the current milk quota year is transferred. Unused Balance: ___________ litres (___________ gallons) PLEASE NOTE: In the case
a lease entered into on a date other than the first day
the milk quota year, the amount
the quota to transfer to the benefit
the transferee for that part
the milk quota year in which the lease is due to expire shall be calculated in accordance with procedures set down by the Minister. 4. Signature(s)
Transferee(s): _____________________________________________________ ____________________________________________________________________________________ Date: ___________________________ PART B FOR COMPLETION BY TRANSFEROR I/We_____________________________________________________________________________ (Name
Transferor in BLOCK CAPITALS) Address: _________________________________________________________________________ _________________________________________________________________________________ being the transferor referred to in PART A above acknowledge that the statements made above relating to the transfer
land and milk quota are correct. Signature(s)
Transferor(s):_______________________________________________________ _________________________________________________________________________________ Date: ____________________________________________________________________________ SECOND SCHEDULE EUROPEAN COMMUNITIES (MILK QUOTA) REGULATIONS, 1995 Direct Sales Milk Quota Transfer Form This form should be completed and signed by both the transferor (PART A) and the transferee (PART B) and sent to the Minister for Agriculture, Food and Forestry within two months
the date
transfer together with a copy
the instrument
transfer in accordance with the provisions
Regulation 6
the European Communities (Milk Quota) Regulations,
LAND TRANSACTION I/We ________________________________________________________________________ (Name
Transferee in BLOCK CAPITALS) Address:______________________________________________________________________ _____________________________________________________________________________ , my/our holding being in the Townland(s)
____________________________________________ ______________________________________________________________________________ , and in the DED
________________________________________________________________, Folio Number(s) _______________________ County ____________________________________, hereby notify the Minister for Agriculture, Food and Forestry
the transfer on the _____ day
_____ (month) ______ (year) to me/us by way
: (√ as appropriate) □ purchase □ lease □ inheritance
land to which milk quota is attached. This land has been acquired from Name
Transferor: ______________________________________________________________ (BLOCK CAPITALS) Address: _______________________________________________________________________ _______________________________________________________________________________ and is situated in the Townland(s)
_________________________________________________ and in the DED
______________________ , Folio Number ____________________________ County _______________________________________. 2. DETAILS
AREA
LAND ACQUIRED The area
the land transferred to me on foot
the transaction referred to at
MILK QUOTA TRANSFERRED (i) The total quantity
milk quota attaching to the acquired land is _______________ litres ( _______________ gallons). (ii) The amount
quota transferred on foot
this transaction in respect
the milk quota year in which the transaction takes place will be based on either
the following circumstances: (√ the appropriate box) (a ) □ Transaction is effective as and from the first day
the milk quota year. In this event, ALL the quota attaching to the above land may be transferred. OR (b ) □ Transaction is effective from a date other than the first day
the milk quota year. In this event, the unused balance
the quota attaching to the above land in the current milk quota year is transferred. Unused Balance:________________ litres ( _____________ gallons) PLEASE NOTE: In the case
a lease entered into on a date other than the first day
the milk quota year, the amount
the quota to transfer to the benefit
the transferee for that part
the milk quota year in which the lease is due to expire shall be calculated in accordance with procedures set down by the Minister. 4. Signature(s)
Transferee(s): ________________________________________________ _______________________________________________________________________________ Date: _________________________ PART B FOR COMPLETION BY TRANSFEROR I/We___________________________________________________________________________ (Name
Transferor in BLOCK CAPITALS) Address: _______________________________________________________________________ _______________________________________________________________________________ being the transferor referred to in PART A above acknowledge that the statements made above relating to the transfer
land and milk quota are correct. Signature(s)
Transferor(s): _______________________________________________________ _______________________________________________________________________________ Date: __________________________________ THIRD SCHEDULE EUROPEAN COMMUNITIES (MILK QUOTA) REGULATIONS, 1995 APPLICATION FORM UNDER REGULATION 7
THE ABOVE REGULATIONS FOR A NUMBER I CERTIFICATE
RETENTION OR A NUMBER I CERTIFICATE
TRANSFER
MILK QUOTA, OR BOTH, ON THE TRANSFER
LANDS FOR A NON-AGRICULTURAL PURPOSE OR TO A PUBLIC AUTHORITY OR FOR USE IN THE PUBLIC INTEREST. THIS APPLICATION MUST BE SUBMITTED TO THE MINISTER FOR AGRICULTURE, FOOD AND FORESTRY BEFORE THE DATE
THE PROPOSED TRANSFER PART A FOR COMPLETION BY TRANSFEROR 1. APPLICATION FOR RETENTION AND/OR TRANSFER
QUOTA I/We __________________________________________________________________________ (Name(s)
Applicant(s) in BLOCK CAPITALS) Address: _______________________________________________________________________ _____________________________________________________________________________ , my/our holding being in the Townland(s)
____________________________________________________________________________ and in the DED
______________________________________________________________ , Folio Number(
Retention AND/OR (ii) □ Number I Certificate
Transfer for the attachment
the milk quota
__________ litres ( _________ gallons) now attaching to: (√ as appropriate) all □ OR that part □
my holding containing ____________________________________________ hectares situated at ___________________________________________________________________________ , in the Townland(s)
____________________________________________ and in the DED
_________________________________ , Folio No. _________________________________ , County ______________________________________________ , outlined in red on the attached map, which land it is proposed to transfer on or after the ____________________________ day
_______________________ (month) __________________ (year) to: Name
Transferee: __________________________________________________________ (BLOCK CAPITALS) Address: ______________________________________________________________________ ______________________________________________________________________________ to: (√ as appropriate) (a) □ the remainder
my present holding specified at No. 4
this application; AND/OR (b) □ lands to be acquired by purchase, lease or inheritance. 2. UNDERTAKING I/We hereby undertake that it is my/our intention to continue in milk production. Note: in a case provided for in sub-paragraph (b)
Regulation 7
the European Communities (Milk Quota) Regulations, 1995 an undertaking that it is the applicant's intention to engage in milk production is sufficient. 3. DECLARATION
OWNERSHIP (
April, 1994 or by the following person from whom I/we acquiried the land by way
inheritance: Name: ________________________________________________________________________ Address: ______________________________________________________________________ _____________________________________________________________________________ See Note (b) below. Notes: ( a ) A copy
the title documents should be attached including, where the land being transferred has been acquired by inheritance, a copy
the instrument
transfer and/or any other supporting documentation. ( b ) The declaration at (ii) above is not necessary in a case where a public authority possessing compulsory purchase powers has given formal notice
its intention to exercise those powers in respect
the lands to be transferred. Signature(s)
Applicant(s): ______________________________________________________ Date: _________________________ 4. DOCUMENTS TO BE SUBMITTED BY ALL APPLICANTS The following documents must be enclosed in support
this application: (i) a draft
the proposed instrument
transfer; (ii) a map or maps
the applicant's existing holding clearly indicating: ( a ) area to be transferred outlined in red; and, in the case
an application for a Number I Certificate
Retention, ( b ) area to which quota is to be attached outlined in green. 5. FOR COMPLETION ONLY BY APPLICANTS WHO ARE SEEKING A NUMBER 1 CERTIFICATE
RETENTION I/We request a Number I Certificate
Retention for the attachment
the quota
____ litres ( ____ gallons) to that part
my/our holding outlined in green on the attached map which comprises ____ hectares situated at __________________________________________________________________ in the Townland(s)
___________
AI explanation based on the official legal text. Indicative, not a substitute for legal advice.