S.I. No. 123 of 2003

European Communities (Milk Quota)(Amendment) Regulations 2003

I, Joe Walsh, Minister for Agriculture and Food in exercise of the powers conferred on me by section 3 of the European Communities Act 1972 ( No. 27 of 1972 ) and for the purposes of giving further effect to Council Regulation (EEC) No. 3950/92 of 28 December 1992¹ and Commission Regulation (EC) 1392/2001 of 9 July 2001² hereby make the following regulations:

1.         These Regulations may be cited as the European Communities (Milk Quota)(Amendment) Regulations 2003.

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

(a)        in Regulation 6 by inserting after paragraph (5)--

“(6)  Notwithstanding paragraph (1), where a person referred to in paragraph (2) has inherited a holding from a producer and immediately leases the holding or part of that holding to another person who is a relative of the deceased producer within the meaning of paragraph (2), the Minister may, on application, grant approval for the transfer of the milk quota attached to the holding or part of the holding to the lessee subject to such conditions as the Minister considers appropriate.”,

(b)        in Regulation 8(1)(a) (as substituted by Regulation 3 of the European Communities (Milk Quota)(Amendment) Regulations 2002 ( S.I. No. 97 of 2002 ) and amended by the European Communities (Milk Quota)(Teagasc) Regulations 2002 ( S.I. No. 496 of 2002 )) by amending the following definitions --

(i)       by substituting the following for the definition of “existing partner” --

“existing producer’ means a producer, who has made deliveries or sold milk or milk products directly to the consumer, comprising either a natural person who becomes a partner or natural persons who become partners, in a milk production partnership,”,

(ii)      by deleting the definition of “former partner”,

(iii)     by substituting the following for the definition of “milk production partnership” --

“’milk production partnership’ means, subject to paragraph (8)(c)(ii), a partnership which --

(a)     has been approved and registered by Teagasc for the purpose of this Regulation,

(b)     conducts it business in respect of milk production as a partnership within the meaning of the Partnership Act 1890, and

(c) (i) comprises of not more than 2 producers where each producer consists only of one or more natural persons, all of whom consent to and form such partnership (referred to as a ‘Standard MPP’),

(ii) comprises of a parent, who is a producer and his or her child who has received an allocation of milk quota under New Entrant Farming in Partnership in a Scheme operated by the Minister under Regulation 26 and all of whom consent to and form such partnership (referred to as a ‘New Entrant/Parent MPP’), or

(iii)comprises of 2 natural persons, one of whom was a producer and the other was employed by that producer immediately prior to the formation of the partnership and who received an allocation of milk quota in a ‘Pilot Scheme for Allocation to Milk Quota to Farm Managers’ operated by the Minister, where both of whom consent to and form such partnership (referred to as a ‘Manager/Owner MPP’);”,

(iv)     by substituting the following for the definition of “off-farm income”--

“’off farm income’ in relation to any partner or proposed partner in a milk production partnership means the aggregate of the income which is earned by that partner from the carrying on of a trade, profession, the holding of an office or the exercise of an employment other than income derived from --

(i)       that partnership, and

(ii)      any pig, poultry, mushroom, forestry, bloodstock, protected horticulture cropping, on-farm milk processing or electricity generation enterprises;”

and

(v)     by substituting the following for the definition of “partner” “’partner’ means a natural person, who is either --

(i)       a producer, or

(ii)      a person referred to in paragraph (c) of the definition of ‘milk production partnership’;”,

(c)        in Regulation 8 (as substituted by Regulation 3 of the European Communities (Milk Quota)(Amendment) Regulations 2002 ( S.I. No. 97 of 2002 )) --

(i)       by substituting the following for paragraph (5) --

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

“(a) (i)  in the case of a Standard MPP, 2, and not more than 2, separate milk quotas and holdings, and

(ii)  for all other cases, 2, and not more than 2, separate milk quota and holdings, where appropriate, 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)) 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 partnership other than any pig, poultry, mushroom, forestry, bloodstock, protected horticulture cropping, on-farm milk processing or electricity generation enterprises where such enterprise has been excluded from the partnership by agreement”,

(ii)      by substituting the following for subparagraph (8)(a) --

“(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 --

(I)        those lands which were certified by Teagasc as lands which are used solely or primarily for the purpose of pig, poultry, mushroom, forestry, bloodstock, enterprises, protected horticulture cropping, on-farm milk processing or electricity generation where such enterprise has been excluded from the partnership by agreement,

(II)       leased lands included in the partnership lands at some time where the lease expired or was earlier determined and the lease was not renewed,

(III)      lands in respect of which a public authority possessing compulsory purchase powers has exercised those powers,

(IV)      lands otherwise alienated during the term of the partnership where the Minister provides certification referred to at subparagraph (26)(c).”,

(iii)     by substituting the following for paragraph (9)

“(9) (a) In the case of a Standard MPP, the provisions of Regulations 5, 6, 7, 9, 10, 11, 12, 13, 25, 26 and 27 may be availed of by each existing producer but may not be availed of by the partnership itself.

(b) In every other case --

(i)        the provisions of Regulations 5, 6, 7, 9, 10, 11, 12 and 13 may be availed of by each existing producer and his or her partner,

(ii)       the provisions of Regulations 25, 26 and 27 may be availed by each existing producer and his or her partner in the circumstances so determined by the Minister and in accordance with Regulations 25(1), 26 (7) and 27(7) respectively, and

(iii)      Regulations 5, 6, 7, 9, 10, 11, 12, 13 25, 26 and 27 may not be availed of by the partnership itself.”,

(iv)     in paragraph (11), by substituting “60” for “56” in each place where it occurs,

(v)      by substituting the following for paragraph (16) --

“(16)  In the case of a Standard MPP, 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 ratio of more than 4 to 1.”,

(vi)     by substituting the following for paragraph (17) --

“(17) (a) (i)    in the case of a Standard MPP, in 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 € 22,000, and

(ii)    in all other cases, in the tax year immediately before the tax year in which the partnership agreement is executed the off-farm income of each partner who is an existing producer shall not exceed € 22,000 and during each tax year that the partnership exists the off-farm income of each partner shall not exceed € 22,000.

(b) A partner or a proposed partner in a milk production partnership may at any time apply to the Minister to have the off-farm income threshold increased in that tax year and where the Minister is satisfied that it is proper, in the context of the scheme and the circumstances of the partner or proposed partner, he or she may increase the off-farm income threshold to such figure as considered appropriate in all the circumstances and such threshold will be issued by certificate in writing to the partner or proposed partner.”,

(vii)    by substituting the following for paragraph (20) --

“(20)  Where, within the 24 month period prior to an application for registration being lodged with the Teagasc, 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 investigated, that he or she is satisfied that such ineligibility should be waived in the particular circumstances.”,

(viii)   by inserting the following after paragraph (21)(f) --

“(g)    the milk production partnership category for which the partnership is registered.”,

(ix)     by inserting the following after subparagraph (26)(b) --

“(c)    Where partnership lands been alienated other than in the circumstances set out in the exclusions (I), (II) and (III) of paragraph 8(a), during the 12 month validity period of a certificate of compliance, Teagasc may grant a further certificate provided for in paragraph (a) only where the vendor has received certification in writing from the Minister that in the context of the scheme and the circumstances of the partnership he or she is satisfied that the disposal of these lands does not represent a cause for the removal of the partnership from the MPP Register.

(d) (i)    Where an application is made for a certificate under subparagraph (c), the Minister may seek such information or documentation as he or she considers necessary for the purpose of reaching a decision on the application.

(ii)    A person who refuses or fails without reasonable cause to provide information or documentation sought by the Minister under subparagraph (i) or furnishes or causes to be furnished information or documentation which is materially false or misleading shall be guilty of an offence.”.

(x)      by substituting the following for subparagraph (38)(a) --

“(a)    On cessation or dissolution of a milk production partnership the partners shall notify Teagasc immediately and without exception not later than 14 days after the said cessation or dissolution.”,

(xi)     by substituting the following for paragraph (54) --

“(54)(a) Where a Standard MPP 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.

(b) In the case where a New Entrant/Parent MPP or a Manager/Owner MPP is removed from the MPP Register no quota shall be transferred to the existing producer and the other partner except on foot of an application for and in accordance with a certificate of the Minister issued under subparagraph (c).

(c) On an application made to the Minister under sub paragraph (b) the Minister shall certify the amount of milk quota to be transferred to the existing producer, the other partner and if he is satisfied that it is proper to do so in the circumstances of the removal from the MPP Register, the amount to be surrendered to the National Reserve.”,

(xii)    by substituting the following for paragraph (55) --

“(55)   Where a Standard MPP 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 the proportion to each existing producer’s milk quota at that date and with effect from the first day of the following 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.”, and

(xiii)   by substituting the following for paragraph (56) --

“(56)   Notwithstanding paragraphs (54)(a) and (55), in the case that a Standard MPP has been removed from the MPP register an existing producer may apply in writing to the Minister for a declaration under paragraph (58).”,

(d)        in Regulation 9, by substituting the following for paragraph (2) --

“(2)    For the purposes of this Regulation, the lease of land must have existed prior to 1 April 2000, other than in the case of a lease of land between relatives (as defined in Regulation 6(2)) where the lease must have existed prior to 1 April 2001.”,

(e)        in Regulation 10, by deleting paragraphs (3), (4) and (5),

(f)        by substituting the following for Regulation 11 --

“11. (1) Notwithstanding Regulation 5(1) and subject to paragraph (2), where a lease of land to which quota attaches was approved under the Scheme for Early Farm Retirement and such lease expires or is subject to earlier determination, the Minister may grant approval for the quota to be transferred to a lessee where a new lease is signed within 6 months of the expiry or early determination of the original lease.

(2) The Minister shall not grant an approval under paragraph (1) unless --

(a)   an application for approval to transfer the quota is received from the lessor,

(b)   the Minister is satisfied that the original lessee has reasonable cause not to renew the lease,

(c)   the new lease is approved under the Scheme for Early Farm Retirement, and

(d)   all relevant information requested by the Minister is supplied.

(3) Regulation 16 shall apply to any lease agreement approved under subparagraph 2(c).”,

(g)        in Regulation 16, by inserting the following paragraph after paragraph (1) --

“(1A)   The provisions of paragraph (1) shall not apply where the Minister has granted a Certificate of Holding of Milk Quota under Regulation 19 in respect of the entire holding where that holding was owned in fee simple by the person named on the certificate or his or her testator for a period of three years prior to the application for the said certificate.”,

(h)        in Regulation 20 by --

(i)   in subparagraph (1)(d) substituting for “subparagraphs (e) and (f)”, “subparagraphs (e) and (j)”, and

(ii)  inserting the following subparagraph after subparagraph (1)(i)

“(j)  subparagraph (d) shall not apply where the Certificate of Holding of Milk Quota refers to the entire holding and the said holding was owned in fee simple by the person named on the certificate or his or her testator for a period of three years prior to the application for the said certificate.”,

(i)         in Regulation 23, by substituting the following for paragraphs (1) and (2) --

“23.(1) Every purchaser shall on or before 15 May each year give to the Minister in writing the name, address and details of the quota of every person who has a quota attached to the said purchaser and who did not made delivers of milk to him or her in the previous quota year and who during that year did not make a temporary transfer of the entire milk quota pursuant to a scheme for the temporary transfer of milk quota authorised by the Minister under Regulation 27.

(2) If a person who has a direct sales milk quota did not sell or offer for sale milk or milk products during a milk quota year and who during that year did not make a temporary transfer of the entire milk quota pursuant to a scheme for the temporary transfer of milk quota authorised by the Minister under Regulation 27. the said person shall on or before 15 May of the following milk quota year notify the Minister in writing of the said information.”,

(j)         in Regulation 24, by substitution the following for paragraphs (1) and (2) --

“24.(1) Every purchaser shall on or before 15 May each year give to the Minister in writing the name, address, details of quota and quantity of quota delivered for every person who made deliveries but delivered less than 70 per cent of the his or her quota to the said purchaser.

(2) Where a person who has a direct sales milk quota and did not utilise at least 70 per cent of same, he or she shall on or before 15 May of the following milk quota year notify the Minister in writing of the details of the his or her direct sales milk quota and the quantity of milk or milk products sold or offered for sale.”,

(k)        in Regulation 27, by substituting the following for paragraphs (3), (4), (5), (6), (7) and (8) --

“(3) The holder of a quota who is has not made milk deliveries to a purchaser or sold milk or milk products directly for consumption in the preceding milk quota year and who temporarily transferred all of his or her milk quota under paragraph (2) shall not be entitled to make a temporary transfer under the said paragraph of any of his or her quota in the subsequent quota year unless he or she makes milk deliveries to a purchaser or sells milk or milk products directly for consumption in the subsequent year

(4) A person who has neither made milk deliveries to a purchaser or sold milk or milk products directly for consumption in the preceding milk quota year and has leased his or her land and milk quota in that year shall not be entitled to make a temporary transfer of any of his or her quota in the subsequent year unless he or she makes milk deliveries to a purchaser or sells milk or milk products directly for consumption in the subsequent year.

(5) Notwithstanding (3), and subject to paragraph (6), a person may applying in writing to the Minister for a declaration in the form set out in the Thirteenth Schedule granting approval to make a temporary transfer of his or her quota for one further year.

(6) The Minister may make a declaration under paragraph (5) where he or she is satisfied that the person referred to in paragraph (3) was prevented from delivering milk or selling milk or milk products for direct consumption in the preceding milk quota year due to exceptional circumstances and that person remains affected by exceptional circumstances in the year of application.

(7) The Minister may determine in accordance with the second paragraph of Article 6.1 of Council Regulation No. 3950/92 the categories of producers who may benefit from the quota made available by way of temporary transfer under the ‘Temporary Leasing Scheme’.

(8) Determinations under this Regulation shall be published in a newspaper published and circulated in the State.”, and

(l)         in Regulation 59 (as substituted by Regulation 3 of the European Communities (Milk Quota) (Amendment) Regulations 2002 ( S.I. No. 97 of 2002 ), by substituting the following for paragraph (1) --

“(1) A person who is guilty of an offence under Regulations 5(7), 8(23), 8(26), 8(28), 8(49), 8(57), 26(12), 29(1), 29(2), 31(2), 39(3), 41(4), 42(4), 45(1), 45(3), 46, 48(4), 49(2), 49(3), 49(4), 49(5), 49(6), 49(7), 51(6), 53, 54(2) or 56(2) shall be liable on summary conviction to a fine not exceeding €3,000 or to imprisonment for a term not exceeding 6 months or both.”.

Explanatory Note

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

These Regulations, further amend the European Communities (Milk Quota) Regulations 2000, by modifying some of the provisions relating to Milk Production Partnerships, milk quota transfers, milk quota utilisation and temporary transfers.

Published by Stationery Office, Dublin 2.

¹ OJ No. L 405, 31.12.92, p.1.

² OJ No. L 187, 10.7.2001, p.19.