S.I. No. 416/1985:

EUROPEAN COMMUNITIES (MILK LEVY) REGULATIONS, 1985.

EUROPEAN COMMUNITIES (MILK LEVY) REGULATIONS, 1985.

I, AUSTIN DEASY, Minister for Agriculture, in exercise of the powers conferred on me by section 3 of the European Communities Act, 1972 (No. 27 of 1972), and for the purpose of giving effect to Council Regulation (EEC) No. 804/68 of the 27th day of June, 1968¹, Council Regulation (EEC) No. 856/84 of the 31st day of March, 1984², Council Regulation (EEC) No. 857/84 of the 31st day of March, 1984^3, and Commission Regulation (EEC) No. 1371/84 of the 16th day of May, 1984⁴, hereby make the following Regulations:

¹ O.J. No. L148 of 28.6.1968, p.13.

² O.J. No. L90 of 1.4.1984, p.10.

³ O.J. No. L90 of 1.4.1984, p.13.

⁴ O.J. No. L132 of 18.5.1984, p.11.

1. (1) These Regulations may be cited as the European Communities (Milk Levy) Regulations, 1985.

(2) These Regulations shall come into operation on the 12th day of December, 1985.

2. (1) In these Regulations--

"authorised officer" means an officer of the Minister appointed in writing by the Minister to be an authorised officer for the purposes of these Regulations;

"Commission Regulation No. 1371" means Commission Regulation (EEC) No. 1371/84 of the 16th day of May, 1984, as amended;

"Council Regulation No. 804" means Council Regulation (EEC) No. 804/68 of the 27th day of June, 1968, as amended;

"Council Regulation No. 856" means Council Regulation (EEC) No. 856/84 of the 31st day of March, 1984, as amended;

"Council REgulation No. 857" meand Council Regulation (EEC)No. 857/84 of the 31st day of March, 1984, as amended;

"existing purchaser" means a purchaser by whom a producer, at the date of the commencement of these Regulations, has been assigned a reference quantity;

"levy" means the levy referred to in Article 5c of Council Regulation No. 804;

"the Minister" means the Minister for Agriculture;

"reference year" means the year 1983;

"the Regulations" means, as the context may require Commission Regulation No. 1371, Council Regulation No. 804, Council Regulation No. 856 or Council Regulation No. 857.

(2) A word or expression which is used in these Regulations and is also used in the Regulations, or in any of them, shall, unless the contrary intention is expressed, have in these Regulations the meaning that it has in the Regulations.

3. The Minister shall be the competent authority for the purposes of the Regulations.

4. (1) The Minister shall, pursuant to Article 2 of Council Regulation No. 857, allocate to each purchaser a reference quantity which shall be determined by reference to the quantity of milk or milk equivalent purchased by the purchaser during the reference year, and each purchaser shall, subject to the provisions of Article 3 of that regulation, allocate a reference quantity to each producer who, during the reference year, delivered a quantity of milk to the purchaser.

(2) The Minister may, in accordance with the provisions of Article 2 of Council Regulation No. 857 and Article 2 of Commission Regulation No. 1371, vary the percentage applied to determine a reference quantity.

(3) Where, during the reference year, a producer delivered a quantity of milk or milk equivalent to a purchaser, other than, or in addition to, his existing purchaser, the quantity of milk or milk equivalent so delivered shall be taken into account in calculating the reference quantity to be allocated under this Regulation to his existing purchaser.

(4) Subject to paragraph (5) of this Regulation, on and after the 1st day of April, 1986, the transfer of reference quantity of a producer who transfers his deliveries of milk in whole or in part from his existing purchaser to a new purchaser shall have effect only on the 1st day of April in any year: provided that the producer has, not later than the 1st day of December in the previous year, notified in writing the existing purchaser and the new purchaser of his intention of transferring such reference quantity to the new purchaser.

(5) Notwithstanding the provision of paragraph (4) of this Regulation, a producer may, subject to the approval of the Minister, transfer his reference quantity from an existing producer to a new purchaser with effect from a date other than the 1st day of April in any year if the existing purchaser and the new purchaser have consented in writing to such transfer.

(6) The Minister shall, in accordance with Article 6 of Council Regulation No. 857, and Article 4 of Commission Regulation No. 1371, allocate a reference quantity to producers who sell directly for consumption.

5. (1) Any amount due on foot of the levy which is payable pursuant to the Regulations shall, within the time limits prescribed in the Regulations be paid to the Minister by the person from whom it is due.

(2) Any amount due on foot of the levy which is not paid to the Minister in accordance with paragraph (1) of this Regulation may be recovered in any court of competnt jurisdiction by the Minister from the person by whom it is payable as a simple contract debt due to the Minister.

6. A person who is liable under the Regulations to pay the levy and who fails or neglects to pay in accordance with Regulation 5(1) of these Regulations an amount due on foot of the levy shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding £1,000.

7. (1) A person who is a first purchaser shall not purchase milk, nor shall any person sell milk or milk products directly for consumption (within the meaning of Article 12 of Council Regulation No. 857), unless there is for the time being assigned to him by the Minister, pursuant to Council Regulation No. 857 and Commission Regulation No. 1371, a reference quantity.

(2) A person who contravenes paragraph (1) of this Regulation shall be guilty of an offense and shall be liable on summary conviction to a fine not exceeding £1,000.

8. A purchaser who fails to recover, in accordance with the requirements of Article 10(1) of Commission Regulation No. 857, all or any portion of the levy for which he is liable shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding £1,000.

9. In any proceedings forthe recovery of any amount due on foot of the levy--

( a ) a certificate purporting to be signed by an authorised officer and certifying that he has inspected the records of the Minister relating to a particular purchaser or producer, that it appears from those records that the purchaser or producer is liable to pay to the Minister, on foot of the levy, an amount specified in the certificate and that such amount has not been recovered by the Minister, or

( b ) a certificate so purporting and certifying that the authorised officer concerned has inspected the records of a purchaser and that it appears from those records that there was a failure by the purchaser concerned to recover on foot of the levy an amount specified specified in the certificate, shall, until the contrary is proved and without proof of the signature of that person or that such person was, at the relevant time, an authorised officer, be evidence of the facts certified.

10. (1) Any person who is required by Articles 11 or 12 of Commission Regulation No. 1371, was adapted by Regulation 3 of these Regulations, to hold records at the disposal of the Minister or to transmit a statement to the Minister and who fails so to hold those records or so to transmit a statement or who, in purported compliance with such requirement, so holds records which to his knowledge are false or misleading in a material respect or transmits a statement which is so false or misleading shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding £1,000.

(2) Any producer who fails to forward to the Minister a statement required by Article 13(1) of Commission Regulation No. 1371, as adapted by Regulation 3 of these Regulations, to be forwarded by him to the Minister, or who, in purported compliance with such requirement, forwards a statement that to his knowledge is false or misleading in a material respect shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding £1,000.

11. (1) An authorised officer may--

( 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 relating to the production or supply of milk or milk products or to the payment of, or otherwise relating to the levy, are kept,

(b) require any person on such premises to produce such of the aforesaid books, records or other documents as the authorised officer may require for the purpose of the exercise of the power conferred on him by subparagraph ( a ) of this paragraph,

( c ) require any such person to give such information relating to the aforesaid books, records or other documents or the levy as the authorised officer may reasonably require, and

( d ) inspect, copy and take extracts from any such records, books or documents.

(2) A person who obstructs or interferes with an authorised officer when he is exercising a power conferred on him by these Regulations shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding £1,000.

(3) An authorised officer shall be furnished with a warrant of his appointment as an authorised officer and, when exercising any power conferred on an authorised officer by these Regulations, shall, if so requested by any person thereby affected, produce the warrant to that person.

12. (1) ( a ) Any person who purports to sell or transfer or sells or transfers land or any part of any land without at the same time assigning to the purchaser or transferee, as the case may be, of that land or that part of that land the relevant reference quantity shall be guilty of an offence.

( b ) Any person who purports to lease or leases land or any part of any land for a period of not less than three years without at the same time assigning to the lessee of that land or that part of that land the relevant reference quantity shall be guilty of an offence.

( c ) Any person who purports to purchase, or who purchases, or who takes a lease of, any land or any part of any land for a period of not less than three years without an assignment of the relevant reference quantity shall be guilty of an offence.

( d ) Any person who purports to lease or leases, or takes a lease, of any land or any part of any land for a period of less than three years, and assigns or takes an assignment of the relevant reference quantity shall be guilty of an offence.

( e ) Any person who is found guilty of an offence under this paragraph shall be liable on summary conviction to a fine not exceeding £1,000.

(2) Subparagraphs (1) and (2) of Article 5 of Commission Regulation No. 1371 shall be applicable to other transfers referred to in subparagraph (3) of the said Article 5 except that as regards, and only as regards, the period commencing on the 1st day of January, 1983, and ending on the 1st day of April, 1984, the following provisions shall have effect:

( a ) this Regulation shall not be construed as applying in relation to a sale, lease, transfer or disposal of land in relation to which an agreement in writing had previously been concluded whereby it was agreed that all or part of the relevant reference quantity was to be retained by the person selling, transferring or disposing of the land, and

( b ) nothing in the Regulations shall be construed as affecting such an agreement.

(3) Where a person sells or transfers land or any part of any land to a public authority, the Minister may, if he considers it desirable so to do, declare that the reference quantity relating to that land, or that part of that land, shall be transferred to the benefit of the person selling or transferring his land: provided that such person applies to the Minister to have such transfer made and that such person intends to continue to produce milk.

(4) The Minister may, in the case of a lease of land for a period of three years or more which, on or after the date of the commencement of these Regulations, has expired, or is about to expire, and the lessee is not entitled to a renewal thereof, declare, if he considers it desirable so to do, that all or part of the reference quantity relating to the land shall be transferred to the benefit of the lessee if such lessee satisfies the Minister that he intends to continue the production of milk.

13. (1) To ensure compliance with Article 11 of Council Regulation No. 857 and Article 9 of Commission Regulation No. 1371, a purchaser shall determine, in accordance with procedures specified by the Minister, the fat content of any milk purchased by him from a producer.

(2) A purchaser shall notify each producer who delivers milk to him of the result of any tests on the fat content of the milk so delivered.

(3) A purchaser shall retain and preserve any record of tests on the fat content of any milk delivered to him for such period as the Minister shall specify and shall make all such records available for inspection whenever so required by the Minister or by an authorised officer.

(4) Every purchaser shall on or before the 15th day of May in each year transmit to the Minister a statement in writing specifying the average fat content of all milk tested on behalf of the purchaser during the previous year ending the 31st day of March.

(5) Any person who fails to comply with the provisions of this Article shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding £1,000.

14. Where a purchaser or producer imports from another Member State of the European Communities any milk or any milk product and--

( a ) the milk or milk product has not been duly and accurately accounted for in accordance with Council Regulation No. 857, and

( b ) there has not been produced to an officer of Customs and Excise at the point of entry, in relation to that milk or to that milk product, as may be appropriate, an entry on the export declaration in accordance with Article 11(2) of Commission Regulation No. 1371,

the purchaser or producer concerned shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding £1,000.

15. (1) Any producer who, being a producer to whom, pursuant to a scheme established for the purposes of Article 4(1)(a) of Council Regulation No. 857, compensation has been, or is to be, granted, sells milk or any milk product either to a purchaser or for direct consumption or who, on any later sale, lease or transfer of land or any part of any land fails or neglects to disclose that the relevant reference quantity entitlement has been surrendered by him, shall be guilty of an offence.

(2) Any purchaser who buys milk from a producer referred to in paragraph (1) of this Regulation shall be guilty of an offence.

(3) Any person guilty of an offence pursuant to this Regulation shall be liable on summary conviction to a fine not exceeding £1,000.

16. (1) The Minister shall, by notice published in a national newspaper, specify the manner in which reference quantities shall be reallocated where producers have ceased to deliver milk to purchasers or have reduced their delivery of milk.

(2) The provisions of Articles 3 and 4 of Council Regulation No. 857 shall apply to any reallocation of reference quantities.

GIVEN under my Official Seal, this 12th day of December, 1985.

AUSTIN DEASY,

Minister for Agriculture.

EXPLANATORY NOTE

This Order lays down the arrangements for the operation of the milk super levy system in Ireland and implements the Community Regulations Nos. 804/68, 856/84, 857/84 and 1371/84.