S.I. NO. 97 OF 2002

EUROPEAN COMMUNITIES (MILK QUOTA) (AMENDMENT) REGULATIONS 2002

I, Joe Walsh, Minister for Agriculture, Food and Rural Development, 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 further effect to Council Regulation (EEC) No. 3950/92 of 28 December 1992¹ and Commission Regulation (EEC) No. 536/93 of 9 March 1993² , hereby make the following regulations:

1.       These Regulations may be cited as the European Communities (Milk Quota) (Amendment) Regulations 2002.

2.       These Regulations come into operation on the 21^st March 2002.

3.       The European Communities (Milk Quota) Regulations 2000 ( S.I. No. 94 of 2000 ) are amended-

(a)     in Regulation 2(1) -

(i)  by inserting the following after the definition of “functions” :

“ ‘herd’ has the meaning assigned to it by the Bovine Tuberculosis (Attestation of the State and General Provisions) Order 1989 ( S.I. No. 308 of 1989 );

“ ‘herd number’ means the number allocated for the time being to a herd by the Minister under the European Communities (Identification and Registration of Bovine Animals) Regulations 1999 ( S.I. No. 276 of 1999 );”,

(ii)  by substituting the following for the definition of “holding”:

“ ‘holding’ means all production units operated by the single producer and located within the geographical territory of a Member State;”,

(iii)  by substituting the following for the definition of “holding company”:

“ ‘holding company’ has the meaning that it has in section 155 of the Companies Act 1963 ;”,

(iv)  by inserting the following after the definition of “Member State”:

“ ‘milking facilities’ means the premises, or both the premises, where both milking is performed and where the milk is stored and cooled;”,

and

(v)  by inserting the following after the definition of “new entrant” :

“ ‘ PPS No.’ means the number known as such and allocated to a person for the purposes of the Social Welfare Acts and formerly known as the RSI number;”,

(b)         by substituting the following for Regulation 8 :

“PARTNERSHIPS

8.      (1) (a)   In this Regulation --

‘appropriate fees’ has the meaning given to it by paragraph (34), and ‘appropriate fee’ shall be construed accordingly;

‘ Board’ means the body commonly known as the Farm Apprenticeship Board

‘Certificate of Compliance’ has the meaning assigned to it by paragraph (24);

‘date of removal’, subject to subparagraph (b), has the meaning assigned to it by paragraph (19);

‘existing producer’ means a producer comprising either a natural person who becomes a partner, or natural persons who become partners, in a milk production partnership, and ‘existing producers’ shall be construed accordingly;

‘former partner’ means a person who was a partner in a milk production partnership which has been removed from the MPP Register;

‘keeper’ means any natural person responsible for animals, whether on a permanent or on a temporary basis;

‘milk production partnership’ means, subject to paragraph (8) (c) (ii), a partnership formed by all of the natural persons, comprising 2 and not more than 2 producers -

(i)    where each producer consists only of one or more natural persons, all of whom consent to and form such partnership,

(ii)    who carry on business as a partnership within the meaning of the Partnership Act 1890 in respect of milk production, and

(iii)   which has been approved and registered by the Board for the purposes of this Regulation;

‘MPP Register’ means the register of milk production partnerships referred to in paragraph (18);

‘off-farm income’, in relation to any partner in a milk production partnership, means the aggregate of the income, other than income derived from-

(i)    that partnership, and

(ii)    any pig, poultry, mushroom, forestry or bloodstock enterprises,

which is earned by that partner from the carrying on of a trade or profession, the holding of an office or the exercise of an employment;

‘off-farm income threshold’ has the meaning assigned to it by paragraph (17);

‘partner’ means a natural person, who is either -

(i)  a producer, or

(ii)  one of a group of natural persons comprising a producer which consists only of natural persons,

who joins or has joined with another such partner or, where appropriate, partners and forms or has formed a milk production partnership for the purposes of milk production.

(b) A reference, however expressed, in this Regulation to date of removal shall, where the context admits, include a deemed date of removal as provided for by paragraph (19).

(2)     This Regulation applies to -

(a) persons who are either partners in, or former partners of, a milk production partnership,

(b) any such partnership,

(c) the producers whose, or (where paragraph (8) (c) relates) some of whose, members are the partners in the milk production partnership.

(3)      The partnership arrangement shall be evidenced in writing.

(4)      No producer or natural person may be a partner in more than one milk production partnership at any given time. Only a natural person or persons may be a partner in a milk production partnership.

(5)      A milk production partnership shall involve the pooling of -

(a) 2, and not more than 2, separate milk quotas and holdings, and

(b) all agricultural assets (including, without prejudice to the generality of the term, all agricultural lands of each partner as specified in paragraph (8) ) of each partner, whether owned at the date of execution of the partnership agreement or acquired by such partner or by the partnership at any time during the term of the partnership, other than assets relating to pig, poultry, mushroom, forestry and bloodstock enterprises.

(6)      The partnership agreement shall state the address at which the milk production partnership records, books and other documents are to be retained.

(7)      The terms of the partnership agreement shall indicate that the milk production partnership is to run for a period of not less than 5 years. No person may be a partner in a milk production partnership unless he or she complies with the requirements of paragraph (8).

(8)  (a)  Subject to paragraph (7) and subparagraph (b) the agricultural lands which shall form part of the agricultural assets of a milk production partnership are all those agricultural lands within the State owned -

(i) by each of the partners at the date of execution of the partnership agreement, and

(ii) at any time during the term of the partnership by each partner, by the partnership or by all of them,

but excluding those lands which are certified by the Board as lands which are used solely or primarily for the purposes of one or more of the enterprises specified in paragraph (5) (b).

(b) For the purposes of this Regulation agricultural lands are deemed to be owned by a partner or by the partnership where, in relation to those lands, the partner or the partnership-

(i) is the holder of, or is beneficially entitled to, any estate or interest in those lands, whether solely or jointly with another or others and whether or not subject to any estate or interest of any other person or persons, or

(ii) is otherwise legally entitled to the use and occupation of same, whether solely or jointly with another or others.

(c)    (i) Subject to clause (ii), where a proposed partner in a milk production partnership is a co-owner of agricultural lands, he or she can be a partner in such partnership only where all of the other co-owners of those lands also can and do become partners in the same partnership.

 (ii) Where on an application in writing to the Minister by -

(I)  a co-owner of agricultural lands which are to form part of the assets of a proposed milk production partnership, or

(II) by one of the natural persons who comprise either of the producers whose, or some of whose, members are the proposed partners in the milk production partnership,

to be exempted from the requirement of being one of the partners in a proposed milk production partnership, the Minister is satisfied that it is proper to do so in the circumstances, he or she may by certificate in writing grant such an exemption.

(d) Where on an application in writing made to the Minister by a partner the Minister is satisfied that it is proper to do so in the circumstances, the Minister may by certificate in writing provide that, for such period or periods as he or she thinks appropriate, any agricultural lands acquired by a partner during the term of the partnership shall be excluded from the agricultural assets of the partnership.

(9)     The provisions of Regulations 5, 6, 7, 9, 10, 11, 12, 13, 25, 26 and 27, may be availed of by each existing producer in a milk production partnership, but may not be availed of by the partnership itself.

(10)  A milk production partnership may be formed only where the proposed partners have applied for and received from the Minister written approval, in respect of each herd of bovine animals to be kept-by the proposed partnership, of both -

(a) the herd number, and

(b) the keeper,

 of each such herd.

(11)(a) No person may be a partner in a milk production partnership where -

(i) subject to subparagraphs (b), (c) and (d), he or she is aged 56 years or more at the date of execution of the partnership agreement, or

(ii) subject to paragraph (27), he or she has attained the age of 65 years.

(b) A former partner who is aged 56 years or more, but has not attained the age of 65 years, may apply to the Minister under subparagraph (c) for a certificate of exemption from the provisions of subparagraph (a)(i).

(c)      On an application in writing made to him or her by a person concerned, the Minister may by certificate in writing exempt such person from subparagraph (a)(i). The Minister may only give a certificate under this subparagraph where he or she is satisfied that it is proper to do so in the circumstances. The Minister shall, within 14 days of its issue, provide the Board with a copy of the certificate.

(d)       Where an application is made under subparagraph (c) the Minister may seek such information or documentation from the applicant or any other person as he or she deems necessary for the purpose of reaching a decision on the application.

(12) There shall be a distance not exceeding 20 kilometres between -

(a)  any part of the boundary of the lands provided by one existing producer, where such lands comprise of contiguous lands, or any part of the boundary of the lands on which that existing producer's milking facilities are located, where such lands do not consist of contiguous lands, and

(b)  any part of the boundary of the lands provided by the other existing producer where those lands comprise of contiguous lands, or any part of the boundary of the lands on which that existing producer's milking facilities are located, where such lands do not consist of contiguous lands.

(13)    A milk production partnership may be formed only where, as regards the proposed partners-

(a)  each existing producer, or

(b)  in a situation where an existing producer has commenced milk production following a transfer of land and milk quota-

(i) under the provisions of Regulation 6, or

(ii) made prior to 1 April 2000 but on or after 1 April 1998 where the circumstances of that transfer were the same as those specified in Regulation 6,

such existing producer and the producer or producers from whom he or she has acquired the milk quota,

made, during each of the 3 milk quota years immediately prior to the milk quota year in which the partnership agreement is executed, deliveries of milk to a purchaser, or sold milk or milk products, or both, so that at least 70 per cent of their respective delivery quotas or direct sales quotas, or both, have been utilised during each of those 3 milk quota years.

(14)   In a case where, during any of the 3 milk quota years referred to in paragraph (13) -

(a) there was an outbreak of animal disease which resulted in the dairy herd of an existing producer, or the producer or producers from whom he she or they acquired the milk quota, being partially or totally depopulated, or

(b) a notice declaring a holding a restricted holding was issued pursuant to Regulation 12 of Bovine Tuberculosis (Attestation of the State and General Provisions) Order 1989 ( S.I. No. 308 of 1989 ), or

(c) notification regarding restriction on holding was issued pursuant to Regulation 7 of the Brucellosis in Cattle (General Provisions) Order 1991 ( S.I. No. 114 of 1991 ),

the Minister may, having regard to the circumstances of each case and where he or she thinks proper, grant to such existing producer a certificate of exemption under paragraph (15) from the requirements of paragraph (13).

(15)   On an application in writing made to him or her under this paragraph, the Minister may grant a certificate of exemption from the requirements of paragraph (13). Any information or documentation, or both, as the Minister may deem necessary to enable the Minister to make a decision on the issuing of such a certificate, shall be furnished by the applicant to the Minister on request.

(16)   The milk quota of one existing producer at the date of execution of the partnership agreement, shall not exceed the milk quota of the other existing producer at that date by-

(a) a ratio of more than 4 to 1 where the larger existing producer's quota is equal to or less than 325,000 litres;

(b) a ratio of more than 3 to 1 where the larger existing producer's quota is greater than 325,000 litres.

For the purposes of this paragraph milk quota excludes quota acquired under, and includes quota offered under, Regulation 27.

(17) (a) During the tax year immediately before the tax year in which the partnership agreement is executed, and during each tax year that the partnership exists, the off-farm income of each partner shall not exceed the relevant of the following sums (for the purposes of this Regulation referred to as ‘the off-farm income threshold’):

(i)  for the tax year 6 April 2001 to 31 December 2001 the sum of €15,000 (£11,813);

(ii)  for all other tax years the sum of €20,000.

(b) A partner in a milk production partnership may at any time apply to the Minister to have the off-farm income threshold for the partner for any particular tax year increased. Where the Minister is satisfied that it is proper, in the context of the scheme and the circumstances of the applicant, to do so he or she may by certificate in writing provide that the off farm income threshold of such applicant for any particular tax year be increased to such figure as the Minister considers reasonable.

(18)   The Board shall be the body with responsibility for the registration of milk production partnerships. The Board shall maintain a register of milk production partnerships to be known as ‘the MPP Register’. The MPP Register shall be open for inspection at all reasonable times. A milk production partnership may not operate until it is registered with the Board.

(19)   Where the Board is satisfied that it is proper to do so, it may-

(a) approve and register a milk production partnership on the MPP Register,

(b) remove a milk production partnership from the MPP Register, and

(c) deem such removal to take effect, or to have taken effect, as of a date (in this Regulation referred to as a ‘deemed date of removal’), before or after the actual date of removal of the partnership from the MPP Register.

Upon removal of a milk production partnership from the MPP Register in accordance with this paragraph the milk quota of the partnership shall be transferred to the individual existing producers as provided for in paragraphs (54), (55) and (58).

(20)   Where, within the 36 month period prior to an application for registration being lodged with the Board, a proposed partner has alienated or acquired, in any manner, any interest or share of the said proposed partner in any agricultural lands (exceeding in total a hectare in area), that person or persons shall not be eligible to be a partner in a milk production partnership unless, on written application made to him or her, the Minister certifies in writing, after causing the matter to be duly investigated, that he or she is satisfied that such ineligibility should be waived in the particular circumstances.

(21)   The MPP Register shall contain at least the following information in relation to each partnership registered in it:

(a) the name and address of each partner and, if different, of each existing producer;

(b) the name of the partnership, if that name differs in any way from the actual names of the partners or the existing producers;

(c) the location of the lands which are-

(i) included in, and

(ii) certified by the Board as being excluded from,

the agricultural assets of the partnership;

(d) the address of the location where the records, books and other documents of the partnership are retained;

(e) the registration number and date of registration of the partnership for the purposes of this Regulation;

(f) the name and address of the purchaser or purchasers to whom-

(i) each existing producer's milk quota is attached,

(ii) the partnership's milk quota is to be attached.

(22) (a)   An application for the registration of a milk production partnership -

(i) shall be in such form as is prescribed by the Minister, and

(ii) may be made at any time.

(b)    No milk production partnership may be registered on the MPP Register prior to 1 April 2002.

(23) (a)   An application for the registration of a milk production partnership shall be submitted directly to the Board and shall be accompanied by the appropriate fee and, subject to subparagraph (b), the following documentation and information in relation to the milk production partnership :

(i) a copy of the partnership agreement;

(ii) a statement from each existing producer's milk purchaser containing the following information:

(I)  the existing producer's milk quota in the 3 milk quota years immediately prior to the milk quota year in which the partnership agreement is executed;

(II) the existing producer's actual milk deliveries in the 3 milk quota years immediately prior to the milk quota year in which the partnership agreement is executed;

(III) the existing producer's milk quota as at the date of execution of the partnership agreement; for the purposes of this clause milk quota excludes quota acquired under, and includes quota offered under, Regulation 27;

(iii) a map of each partner's agricultural lands showing the entire of such lands, and clearly identifying the location of those lands-

(I) which it is proposed should be certified by the Board as being excluded from, and

(II) those which it is proposed shall form part of,

the agricultural assets of the partnership;

(iv) the written approval of the Minister under paragraph (10);

(v) documentary evidence of the PPS number of each partner;

(vi) such further documentation and information which may be required by the Board under paragraph (28).

(b) Where the Board is satisfied that it would be proper to do so in the circumstances of an application for registration of a milk production partnership, the Board may agree to accept less than all of the documentation and information otherwise required and may approve of and register the partnership accordingly.

(c) Subject to paragraph (34) (a), the appropriate fee to be charged on an application to the Board, whether for registration, re-registration, the issuing of a certificate, the exercise of a discretion or power, or any other matter within the jurisdiction of the Board under this Regulation, shall be determined by the Board, in accordance with paragraph 34, on the basis of what is fair and reasonable taking into account the amount of administrative work which the Board has to carry out in dealing with the application.

(d) A person who -

(i)  refuses, or fails without reasonable cause, to provide information or documentation required by the Board under subparagraph (a), or

(ii)      furnishes, or causes to be furnished, information or documentation which is materially false, misleading or incomplete,

shall be guilty of an offence.

(e)  For the purposes of subparagraph (d) (i) ‘reasonable cause’ includes notification to the Board of the withdrawal of an application under subparagraph (a).

(24)   (a)  Where an application for registration is approved the Board shall-

(i)  add the name of the relevant milk production partnership and the other details required by paragraph (21) to the MPP Register, and

(ii)  issue to that partnership a certificate, valid for a period of 12 months from the date specified by the Board, in the form set out in the Twentieth Schedule and referred to in this Regulation as a ‘Certificate of Compliance’, in respect of that partnership.

(b) The address of the partnership to be inserted by the Board in the Certificate of Compliance shall be that referred to in paragraph (21) (d).

(25)   In order to remain on the MPP Register a registered milk production partnership shall, on an annual basis, be required to obtain from the Board a further Certificate of Compliance, effective from the anniversary of the commencement date of the term of the current certificate.

(26) (a)  On an application in writing made to the Board for a further Certificate of Compliance and upon payment of the appropriate fee the Board may, where it is satisfied it is proper to do so, grant such a certificate.

(b)   An application for a further Certificate of Compliance shall be lodged with the Board at least 30 days prior to the expiry of the existing Certificate of Compliance, and shall be accompanied by the appropriate fee.

(27)   Notwithstanding paragraph (11) (a) (ii), in a case where one or more of the partners in a milk production partnership is or are due to attain the age of 65 years before the expiry date of the term of a proposed Certificate of Compliance to be issued in accordance with paragraph (24), (25) or (26), the Board may issue a Certificate of Compliance in respect of that partnership, for a term of 12 months. Where the certificate is so issued, the partner who attains or partners who attain the age of 65 years before the expiry date of the term of the certificate may continue to be a partner or partners in that partnership up to and including the expiry date of the certificate.

(28)(a)  The milk production partnership shall provide such information or documentation required by the Board to enable it make a decision on the issuing of any Certificate of Compliance. A person who -

(i)  refuses, or fails without reasonable cause, to provide information or documentation required by the Board, or

(ii)  furnishes, or causes to be furnished, information or documentation which is materially false, misleading or incomplete,

shall be guilty of an offence.

(b) For the purposes of subparagraph (a) (i) ‘reasonable cause’ includes notification to the Board of the withdrawal of an application made under paragraph (26).

(29)   Where a Certificate of Compliance is issued the Board shall provide both the Minister and the partnership's purchaser or purchasers with a copy of such certificate within 14 days of its issue.

(30)   Notwithstanding the provisions of paragraphs (27) and (40), where a milk production partnership does not comply with the time limits specified in paragraph (27), that partnership may apply in writing to the Minister for a declaration under paragraph (32). Such an application shall state the reasons for non-compliance with the provisions of paragraph (27).

(31)   Where an application is made under paragraph (30) the Minister may seek such information or documentation from the applicant or any other party as may be necessary to enable a decision be made by him or her.

(32)   On an application made to him or her by a milk production partnership under paragraph (30), the Minister may make a declaration in writing permitting the Board to consider an application to it by such partnership for either or both-

(a)  the issue of a Certificate of Compliance to the partnership, or

(b)  the re-registration on the MPP Register of the partnership.

(33)   Where the Minister makes a declaration under paragraph (32) he or she shall provide a copy of such declaration to the applicant and the Board.

(34)   (a)  The appropriate fee payable on -

(i) an application under paragraph (23) (a) shall be €500,

(ii) an application under paragraph (26) (a) shall be €250.

(b) Subject to subparagraph (a), the appropriate fees which shall accompany an application to the Board ar whichever of the following fees is determined by the Board as appropriate in accordance with paragraph 23 (c):

(i) the sum of €500,

(ii) the sum of €250, or

(iii) the sum of €50.

(c) No application to the Board under this Regulation shall be considered unless the appropriate fee has been paid.

(35)   (a)  Subject to and in accordance with the provisions of this Regulation, the Board shall have power to both remove a milk production partnership from the MPP Register and to re-register a partnership on the MPP Register.

(b) Whenever a partnership is removed from, or re-registered on, the MPP Register under any of the provisions of this Regulation, the Board shall cause a prominent entry of that fact to be entered in the MPP Register.

(c) All entries recorded in the MPP Register shall be retained by the Board.

(36)   The Board may, where it is satisfied that it is proper to do so, at the request of a partner or partners, remove a milk production partnership from the MPP Register.

(37)   Where a milk production partnership is found to have furnished to the Board any documentation or information which is in any material way false or misleading or incomplete, or such partnership is in breach of any or all of the provisions of these Regulations, the Board may remove the partnership from the MPP Register.

(38)   (a)  Where a milk production partnership ceases to exist or is dissolved the former partners shall notify the Board of the cessation or dissolution within 14 days of the date of its occurrence.

(b) Except where paragraph (42) applies, a person who fails to comply with the requirements of this paragraph shall be guilty of an offence.

(39)   On receipt of a notification under paragraph (38) (a) the Board shall remove the partnership from the MPP Register with effect from either the date of cessation or dissolution, as appropriate, or, at the discretion of the Board, the date of removal.

(40)   Where a Certificate of Compliance held by a milk production partnership has expired and that partnership has not applied to the Board for a further such Certificate the Board shall remove that partnership from the MPP Register.

(41)   Where the Board refuses to grant an application for a further Certificate of Compliance the Board shall remove that milk production partnership from the MPP Register.

(42)   Where a partner in a milk production partnership dies, the remaining partner or partners shall notify the Board, and the Board shall then remove that partnership from the MPP Register.

(43)   Where the Minister is satisfied that it is proper to do so he or she may direct the Board to remove a milk production partnership from the MPP Register; such direction shall be in writing and the Board shall forthwith comply with same.

(44)   Whenever the Board is considering whether to remove a milk production partnership from the MPP Register under paragraph (36) or (37) it shall notify the partnership and each partner or former partner in writing of that fact and the partnership and each partner or former partner may make submissions in writing to the Board within 30 days of the date of service of such notice. Where such submissions are made, the Board shall duly consider same in the making of the foregoing decision.

(45)   Where a milk production partnership is removed from the MPP Register the Board shall issue a notice in the form set out in the Twenty-Second Schedule and referred to in this Regulation as a ‘Notice of Removal’ and shall, within 14 days of the date of such removal, furnish a copy of the notice to each partner and former partner, to each partner's purchaser or purchasers and to the Minister.

(46)   Where a milk production partnership is removed from the MPP Register any Certificate of Compliance then in existence for that partnership shall lapse upon such removal.

(47)   Notwithstanding paragraphs (19), (36), (37), (40) and (41) where the Board removes a milk production partnership from the MPP Register, the partnership may apply to the Minister for a direction under paragraph (48).

(48)(a)On an application in writing made to him or her the Minister may, if he or she decides that it is appropriate in the circumstances, issue a direction in writing, in relation to a milk production partnership which has been removed by the Board from the MPP Register, directing the Board to re-register that partnership. Any such application shall state the reasons why it is considered that the Minister should grant such a direction and shall be submitted within 14 days of the date of issue of the Notice of Removal referred to in paragraph (45).

(b) Upon the issue of a direction by the Minister under this paragraph the Board shall re-register the partnership specified in the direction and issue to that partnership a new Certificate of Compliance, with a commencement date and for a period determined by the Board.

(49) (a) Where an application is made under paragraph (48) the Minister may seek such information or documentation from the applicants as he or she deems necessary for the purpose of reaching a decision on the application.

(b) A person who -

(i)  refuses, or fails without reasonable cause, to provide information or documentation sought by the Minister under subparagraph (a), or

(ii)  furnishes, or causes to be furnished, information or documentation which is materially false, misleading or incomplete,

shall be guilty of an offence.

(50) (a) Where a registered milk production partnership is removed from the MPP Register under paragraph (19), (36), (37), (39), (40), (41) or (43) each former partner shall, unless the Minister has made a declaration under paragraph (48), be ineligible to join another milk production partnership for a period of 5 years from the date on which the partnership was first registered on the MPP Register.

(b) It shall be an offence for a former partner, who is ineligible under the provisions of subparagraph (a),

(i) to attempt to become, or

(ii) to become

a partner in a milk production partnership before the expiry of the period of 5 years referred to in that subparagraph.

(51)  Notwithstanding the provisions of paragraph (50) a former partner may apply to the Minister under paragraph (52) for a certificate of exemption from the provisions of paragraph (50) (a).

(52)   On an application in writing made to him or her by a person concerned, the Minister may by certificate in writing exempt such person from paragraph (50) (a). The Minister may only give a certificate under this paragraph where he or she is satisfied that it is proper to do so in the circumstances. The Minister shall, within 14 days of its issue, provide the Board with a copy of the certificate.

(53)   Where an application is made under paragraph (52) the Minister may seek such information or documentation from the applicant or any other person as he or she deems necessary for the purpose of reaching a decision on the application.

(54)   Where a milk production partnership is removed from the MPP Register on the first day of a milk quota year or with a deemed date of removal of the first day of a milk quota year, the amount of milk quota to be transferred to each existing producer on removal of the partnership from the MPP Register shall be equivalent to the amount of milk quota of each existing producer at that date.

(55)   Where a milk production partnership is removed from the MPP Register, on a date or with a deemed date of removal other than the first day of a milk quota year, the amount of milk quota to be transferred to each existing producer, on such removal, for the remainder of the milk quota year in question, shall be the unused quota of that partnership divided between the existing producers, in proportion to each existing producer's milk quota at that date. With effect from the first day of the following milk quota year the amount of milk quota to be transferred to each existing producer shall be the amount of that existing producer's milk quota at that date.

(56)   Notwithstanding paragraphs (54) and (55) an existing producer may apply in writing to the Minister for a declaration under paragraph (58).

(57)  (a)   Where an application is made under paragraph (56) the Minister may seek such information or documentation from the applicant or any other person as the Minister deems necessary for the purpose of reaching a decision on such application.

(b) A person who -

(i)  refuses, or fails without reasonable cause, to provide information or documentation sought by the Minister under subparagraph (a), or

(ii)  furnishes, or causes to be furnished, information or documentation which is materially false, misleading or incomplete,

shall be guilty of an offence.

(58)         On an application made to the Minister under paragraph (56) the Minister may, if he or she is satisfied it is proper to do so, make a declaration in writing that either or both-

(a) the date of transfer of the unused milk quota to any existing producer shall be such date as the Minister thinks proper, and so specifies, and

(b) the date of transfer declared by him or her under this paragraph shall be the date for determining the proportions provided for in paragraphs (54) and (55) instead of the date, or the deemed date, of removal of the partnership from the MPP Register, and a copy of such declaration shall be forwarded, within 14 days, by the Minister to each existing producer's purchaser or purchasers.

(59)         Where the amount of milk deliveries or the quantity sold or transferred free for direct consumption referred to in Regulation 4(2) was produced by a milk production partnership, no quota shall be deemed to be attached to any land except in accordance with a certificate of the Minister issued under paragraph (60).

(60)         On an application in writing made to him or her for certification under this paragraph the Minister may issue a certificate or certificates that the quota of any partner or former partner shall attach to such lands of each such partner or former partner as the Minister thinks proper.

(61)         Where a milk production partnership is removed from the MPP Register, any amount of levy which is payable by the partnership, pursuant to Council Regulation No. 3950/92 and Commission Regulation No. 536/93, shall, as regards third parties, be the joint and several liability of the former partners.

(62)         The Minister shall, from time to time, review or cause to be reviewed this Regulation for the purpose of assessing its operation and whether there is a need to amend it.”,

(c)  in Regulation 10 by deleting paragraph (6),

(d) by substituting the following for Regulation 15 :

“ IMPOSITION OF LEVY

15. Where a person, to whom a transfer referred to in Regulation 6, 7, 8, 9, 10, 11 or 12 is made, delivers milk or offers milk for delivery to a purchaser, with the intention that the milk should be recorded against the transferred quota, where that person knows or ought to know that any or all of the relevant provisions of those Regulations have not been complied with, such milk may be liable for levy in accordance with Council Regulation (EEC) No. 3950/92. ”,

(e) in Regulation 16 by substituting the following for subparagraph (1) (b) :

“(b) any part of the boundary of such other lands where those lands comprise of contiguous lands, or any part of the boundary of the largest part of such other lands, where those lands do not consist of contiguous lands,”,

(f) in Regulation 17 -

(i) by substituting the following for subparagraphs (a) and (b) of paragraph (2) :

“(a) in the case of a delivery quota, the form set out -

(i) in the Fourth Schedule and referred to in these Regulations as ‘Delivery Milk Quota Transfer Form’, or

(ii) in the Third Schedule and referred to in these Regulations as ‘Notice of Purchase of Leased Quota by Lessee’, or

(iii) in the Twenty-First Schedule and referred to in these Regulations as ‘Milk Production Partnership Milk Quota Transfer Form’,

whichever is appropriate, or

(b) in the case of a direct sales quota, the form set out -

(i) in the Fifth Schedule and referred to in these Regulations as ‘Direct Sales Milk Quota Transfer Form’, or

(ii) in the Third Schedule and referred to in these Regulations as ‘Notice of Purchase of Leased Quota by Lessee’,

whichever is appropriate, and ”,

(ii) by inserting the following subparagraph after subparagraph (b) of paragraph (2):

“(c) in both cases whichever of the following documents is appropriate :

(i)       in the case of a transfer to which Regulation 6 applies, a copy of the instrument of transfer together with a map showing the land transferred;

(ii)      in the case of a transfer to which Regulation 7 applies, a copy of a Certificate of Entitlement to Transfer Milk Quota and a copy of the instrument of transfer together with a map showing the land transferred;

(iii)     in the case of a transfer to which Regulation 8 applies, a copy of the partnership agreement and a copy of the Certificate of Compliance;

(iv)     in the case of a transfer of quota without land to which Regulation 9 applies -

(a)       a copy of the expired or terminated lease agreement together with a map of the lands comprised in that lease and where relevant a copy of the termination agreement, and

(b)       a copy of the Notice of Purchase of Leased Quota by Lessee;

(v)      in the case of a transfer of land and quota to which Regulation 9 applies-

(a)       a copy of the expired or terminated lease agreement together with a map of the lands comprised in that lease and where relevant a copy of the termination agreement, and

(b)       a copy of the instrument of transfer and a map showing the land transferred;

(vi)     in the case of a renewal of a lease of any land to which Regulation 10 applies, a copy of the instrument of transfer together with a map showing the land transferred;

(vii)    in the case of the purchase of land and quota to which Regulation 11 applies, a copy of the instrument of transfer together with a map showing the land transferred.”,

and

(iii) by substituting the following for paragraph (4):

“(4) (a)  Where paragraph (1) is complied with, any unused quota attached to the holding or part thereof in question shall not be treated, other than in the case of a transfer by way of inheritance or gift in accordance with Regulations 6 and 7, as part of the transferee's milk quota entitlement for the milk quota year in which the transfer of 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 of that milk quota year unless the transfer takes place before 31 December in that milk quota year and the documents referred to in paragraph (2) are given-

(i)    in the case of a delivery milk quota to the purchaser, or

(ii)   in the case of a Direct Sales Quota to the Minister,

in all cases other than those in subparagraph (b) before 31 December in that milk quota year, and in cases to which subparagraph (b) applies before 31 January in that milk quota year.

(b) this subparagraph applies in the case of a transfer in accordance with Regulation 6 or 7 by way of inheritance or gift, or by way of sale provided that the application under Regulation 7 for the relevant Certificate of Entitlement to Transfer Milk Quota is received by the Minister on or before 31 December in that milk quota year.”,

(g)   in Regulation 20 by substituting the following for paragraph (3):

“(3) The Minister may grant a Certificate of Attachment of Milk Quota for part only of the milk quota where he or she is not satisfied that the lands referred to in paragraph (1)(b) are capable of producing the entire of the milk quota.”,

(h)   in Regulation 24 by substituting the following for paragraph (6):

“(6) Where a producer, whose quota or part thereof has been transferred to the national reserve under this Regulation, resumes or proposes to increase production of milk he or she shall be reallocated that quota or part thereof no later than 1 April following the date of his or her application, in accordance with Regulation 5 of Council Regulation No. 3950/92, but only where such an application has been received by the Minister prior to the 1st day of the preceding February.”,

(i)   in Regulation 38 -

(i) by deleting paragraph 5(b)(ii), and

(ii) by substituting the following for paragraph (18):

 “(18) A transfer of a milk quota -

(a) from one purchaser to another purchaser which took place before the coming into operation of these Regulations, and

(b) to which a producer is entitled under a lease of land,

shall cease to have effect on the expiry or earlier determination of that lease and shall not operate to attach that quota in the name of the lessor to the purchaser to whom the quota had been attached under that transfer and such quota shall, except in the case of a transaction where Regulation 22 has been availed of, in accordance with Regulation 12 on such expiry become attached to the purchaser to which it had been attached before such transfer.”,

(iii) by substituting the following for paragraph (19):

“(19) Where a transfer of quota under Regulation 9, 10 or 11 has been made and where such quota was transferred to a new milk purchaser in connection with a land lease agreement prior to the transfer in question taking place, the milk quota so transferred shall become attached to the milk purchaser to which it had been attached when the lease agreement was executed.”,

(iv) by substituting the following for paragraph (20):

“(20) Where a producer purchases quota under Regulation 9 he or she may apply under paragraph (11) for approval for the transfer of the quota to a new purchaser and such application shall be accompanied by the following documentation --

(a) in the case of a transfer of quota without land to which Regulation 9 applies the documentation referred to in subparagraphs (a) and (c)(iv) of Regulation 17(2), and

(b) in the case of a transfer of land and quota to which Regulation 9 applies, the documentation referred to in subparagraphs (a) and (c)(v) of Regulation 17(2).”,

and

(v)   by inserting the following after paragraph (20):

“(21) A milk production partnership may apply under paragraph (11) for the transfer of milk quota to a new purchaser and such application shall be accompanied by the documentation referred in subparagraphs (a) and (c)(iii) of Regulation 17(2).”,

(j)  by substituting the following for Regulation 59:

“(1) A person who is guilty of an offence under Regulation 5(7), paragraph (23), (28), (49) or (57) of Regulation 8, Regulation 26(12), paragraph (1) or (2) of Regulation 29, Regulation 31(2), Regulation 39(3), Regulation 41(4), Regulation 42(4), paragraph (1) or (3) of Regulation 45, Regulation 46, Regulation 48(4), paragraph (2), (3), (4), (5), (6) or (7) of Regulation (49), Regulation 51(6), Regulation 53, Regulation 54(2) or Regulation 56(2) shall be liable on summary conviction to a fine not exceeding €1,900 or to imprisonment for a term not exceeding 6 months or to both.

(2) A person who is guilty of an offence under Regulation 16(3) or 50 shall be liable on summary conviction to a fine not exceeding €1,900, or to imprisonment for a term not exceeding 3 months or to both.

(3) A person who is guilty of an offence under Regulation 8(50), 23(8), 24(8) or 52(3) shall be liable on summary conviction to a fine not exceeding €1,900.

(4) A person who is guilty of an offence under Regulation 8(38), 19(4), 21(6), 22(3) or 38(10) shall be liable on summary conviction to a fine not exceeding €600.

(5) An offence under these Regulations may be prosecuted by the Minister.”.

and

(k)  by inserting the following after the Nineteenth Schedule:

“TWENTIETH SCHEDULE

DEPARTMENT OF AGRICULTURE, FOOD AND RURAL DEVELOPMENT

EUROPEAN COMMUNITIES (MILK QUOTA) REGULATIONS 2000

CERTIFICATE OF COMPLIANCE

(Paragraphs (24) and (26) Regulation 8)

The Farm Apprenticeship Board hereby certifies that --

Name of Partnership:_________________________________________________________________________

Address:__________________________________________________________________________________

_________________________________________________________________________________________

Registration No.:                                Partnership Herd No.:

is in compliance with the provisions of Regulation 8 of the European Communities (Milk Quota) Regulations 2000 ( S.I. No. 94 of 2000 ).

This Certificate is valid for a period of 12 months with effect from________________day

____________________month____________________(year).

Signed:        _________________________________________(Authorised Officer)

Dated:                 ___________(day)_______________________(month)________________(year)

STAMP

TWENTY-FIRST SCHEDULE

DEPARTMENT OF AGRICULTURE, FOOD AND RURAL DEVELOPMENT

EUROPEAN COMMUNITIES (MILK QUOTA) REGULATIONS 2000

MILK PRODUCTION PARTNERSHIP MILK QUOTA TRANSFER FORM

PART A

FOR COMPLETION BY TRANSFEREE (Partners)

We_________________________________________________________________________________

(Full names of partners in milk production partnership in block capitals)

____________________________________________________________________________________

____________________________________________________________________________________

____________________________________________________________________________________

(Full name of milk production partnership if different to names of individual partners)

(Address)____________________________________________________________________________

____________________________________________________________________________________

hereby notify the milk purchaser named below:

____________________________________________________________________________________

Name of Transferor's Milk Purchaser:

____________________________________________________________________________________

Address:_____________________________________________________________________________

____________________________________________________________________________________

of the transfer to us by:-

Name of Transferor:____________________________________________________________________

(BLOCK CAPITALS)

Address:_____________________________________________________________________________

with effect from_______________(day)___________________(month)_________________________(year)

pursuant to the provisions of Regulation 17 of the European Communities (Milk Quota)

Regulations 2000 of a milk quota of______________________litres by way of a Milk Production Partnership.

Signatures of all partners in the milk production partnership:

_______________________________

_______________________________

_______________________________

_______________________________

Date_________(day)__________________(month)_____________(year)

PART B

FOR COMPLETION BY TRANSFEROR (Existing Producer)

I/We_______________________________________________________________________________

(Name of Transferor in Block Capitals)

hereby acknowledge that the statements made above relating to the transfer of milk quota are correct.

Signature of Transferor:_________________________________________________________________

Date:       ________________(day)_____________________(month)__________________(year)

TWENTY-SECOND SCHEDULE

DEPARTMENT OF AGRICULTURE, FOOD AND RURAL DEVELOPMENT

EUROPEAN COMMUNITIES (MILK QUOTA) REGULATIONS, 2000

NOTICE OF REMOVAL OF REGISTRATION FROM THE MPP REGISTER

The Farm Apprenticeship Board hereby give notice pursuant to Regulation 8 (45) of the European Communities (Milk Quota) Regulations 2000 ( S.I. No. 94 of 2000 ) that

(Name of Partnership)_____________________________________________________________

(Address)_______________________________________________________________________

_______________________________________________________________________________

__________________________________________________________________________

was removed from the MPP Register on__________(day)_______________(month) 20________(year).

Signed:      _______________________________________(Authorised Officer)

Dated:          ________________(day)____________________(month) 20_____(year)

STAMP

_______________________________________________________________________________________

EXPLANATORY NOTE

(This note is not part of the Instrument and does not purport to be a legal representation).

These Regulations, which amend the European Communities (Milk Quota) Regulations, 2000 ( S.I. No. 94 of 2000 ), put in place as from 21 March, 2002 arrangements for the operation of Milk Production Partnerships in Ireland.

Published by the Stationery Office, Dublin

¹ OJ No. L 405 31.12.92, p.l

² OJ No. L57 10.3.93, P12