Statutory Instrument 2000 No. 2977

      The Dairy Produce Quotas (Amendment) (England) (No. 2) Regulations 2000


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STATUTORY INSTRUMENTS


2000 No. 2977

FOOD, ENGLAND

The Dairy Produce Quotas (Amendment) (England) (No. 2) Regulations 2000

  Made 5th November 2000 
  Laid before Parliament 8th November 2000 
  Coming into force 29th November 2000 

The Minister of Agriculture, Fisheries and Food, being a Minister designated[1] for the purposes of section 2(2) of the European Communities Act 1972[2] in relation to the common agricultural policy of the European Community, in exercise of the powers conferred on him by the said section 2(2) and of all other powers enabling him in that behalf, hereby makes the following Regulations - 

Title and commencement
     1. These Regulations may be cited as the Dairy Produce Quotas (Amendment) (England) (No. 2) Regulations 2000 and shall come into force on 29th November 2000.

Amendment of the Dairy Produce Quotas Regulations 1997
    
2. The Dairy Produce Quotas Regulations 1997[3] shall be amended, in so far as they apply in England, in accordance with regulations 3 to 13 of these Regulations.

     3. In regulation 2 (interpretation), in paragraph (1) - 

    (a) in the definition of "the Community compensation scheme", at the end of that definition there shall be inserted the words - 

      " or the scheme instituted by Council Regulation (EC) No. 2330/98[4] providing for an offer of compensation to certain producers of milk and milk products temporarily restricted in carrying out their trade and Commission Regulation (EC) No. 2647/98[5] laying down detailed rules for the application of Council Regulation (EC) No. 2330/98, or both those schemes";

    (b) in paragraph (c) of the definition of "Scottish Islands area" the word "Islay" shall be deleted.

     4. Immediately after regulation 3 there shall be inserted the following regulation - 

     5. In regulation 6 (adjustment of purchaser quota) - 

     6. In regulation 11 (transfer of quota without transfer of land) - 

     7. In regulation 14 (temporary reallocation of quota) - 

     8. In regulation 16 (conversion of quota) - 

     9. In regulation 25 (inspection of entries in the Intervention Board's registers) - 

     10. In regulation 30 (powers of authorised officers), in paragraph (6), immediately after the word "regulation" there shall be inserted the words "and in regulation 30A".

    
11. Immediately after regulation 30 there shall be inserted the following regulation - 

     12. In regulation 31 (penalties), in paragraph (1), for sub-paragraph (b) there shall be substituted the following sub-paragraph - 

     13. In Schedule 5 (reallocation of quota and calculation of levy liability), in both paragraphs 8 and 18, for the words "within 45 days of" there shall be substituted the words "on or before 14th May immediately following".


Joyce Quin
Minister of State, Ministry of Agriculture, Fisheries and Food.

5th November 2000



EXPLANATORY NOTE

(This note is not part of the Regulations)


These Regulations, which come into force on 29th November 2000, further amend the Dairy Produce Quotas Regulations 1997 (S.I. 1997/733) ("the principal Regulations") in so far as they apply to England.

The principal changes made by these Regulations - 

    (a) extend the definition of "Community compensation scheme" to include that instituted by Council Regulation (EC) No. 2330/98 providing for an offer of compensation to certain producers of milk and milk products temporarily restricted in carrying out their trade (OJ No. L291, 30.10.98, p.4) (regulation 3(a));

    (b) remove Islay from the particular milk-quota arrangements applying in relation to the Scottish Islands (regulation 3(b)) and clarify the extent and application of those arrangements (regulation 4);

    (c) extend the period (from 28 to 56 days, subject to a final date of 14th May in the next following quota year) within which purchasers shall notify the Intervention Board of any producer's newly registering with them (regulation 5(a)(ii));

    (d) by way of new regulation 6(4A) of the principal Regulations, make clear who, as between an original purchaser and a new purchaser of a producer's milk, is permitted to apply for adjustments to his quota consequent upon subsequent changes to the representative fat content of that producer's milk (regulation 5(c));

    (e) remove the requirement (previously at regulation 11(5) of the principal Regulations) which applied in the case of a transfer of quota made without there also being a transfer of land that, after the transfer has been approved by the Intervention Board, the transferee furnish the Board with a statement of used and unused quota available both to him and to the transferor on the date of transfer (regulation 6(c));

    (f) by way of an amended regulation 11(7) of the principal Regulations, extend the Intervention Board's ability to release a transferee from his undertaking, so that the power applies not only where exceptional circumstances result in a significant fall in milk production, but also where they result in a significant failure to achieve a planned increase in milk production (regulation 6(d));

    (g) clarify the basis on which temporary reallocations of surplus quota may be made (regulation 7(a)) and remove from the category of producers eligible to receive such temporary reallocations those who are affected by a formal acknowledgement of an error in their levy calculation (regulation 7(b));

    (h) enable the Intervention Board, in the context of a producer's permanent conversion of quota and in the event that exceptional circumstances have resulted in a significant fall in milk production or a significant failure to achieve a planned increase in milk production, to release that producer from the restriction that would otherwise prevent him from transferring out quota of the type to which he has converted in the same quota year as the one in which that conversion took place (regulation 8);

    (i) permit the Intervention Board to require "relevant persons" (as defined in regulation 30(6) of the principal Regulations) to keep and retain records (regulation 11);

    (j) extend the offence described in regulation 31(1)(b) of the principal Regulations to include the causing of the elements of that offence (regulation 12).

A Regulatory Impact Assessment has been prepared in respect of these Regulations, a copy of which has been deposited in the library of both Houses of Parliament.


Notes:

[1] S.I. 1972/1811.back

[2] 1972 c. 68.back

[3] S.I. 1997/733; relevant amendments are S.I. 1997/1093 and 2000/698.back

[4] OJ No. L291, 30.10.98, p. 4.back

[5] OJ No. L335, 10.12.98, p. 33.back

[6] S.I. 1992/314.back



ISBN 0 11 018771 7


 

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