The Dairy Produce Quotas (Amendment) Regulations 2007

Amendment of the Dairy Produce Quotas Regulations 2005

2.—(1) The Dairy Produce Quotas Regulations 2005(1) are amended as follows.

(2) In regulation 2(1)—

(a) at the end of the definition of “the Commission Regulation” add “, as amended by Commission Regulation (EC) No. 1468/2006 (OJ No. L274, 5.10.2006, p 6)”;

(b) omit the definition of “Commission Regulation 1756/93”;

(c) in the definition of “the Community legislation”, for “, the Commission Regulation and Commission Regulation 1756/93” substitute “and the Commission Regulation”;

(d) at the end of the definition of “the Council Regulation” add “, as amended by Council Regulation (EC) No. 1406/2006 (OJ No. L265, 26.9.2006, p 8)”.

(3) In regulation 7(a), for sub-paragraphs (i) to (iii) substitute—

“(i) is the quota holder identified in that entry, or

(ii) gives the Secretary of State a statement in writing that he has an interest in the holding of the quota holder identified in that entry; or”.

(4) In regulation 9(3), for the words after “Secretary of State” to the end of the paragraph substitute “no later than 31st March in the quota year in which the transfer takes place.”.

(5) In regulation 31(5), for “1st September” substitute “30th September”.

(6) In regulation 36—

(a) in paragraph (1), for “(2) to (3)” substitute “(2A) and (3)”;

(b) omit paragraph (2);

(c) in paragraph (5), for “paragraphs (2) to (4)” substitute “paragraphs (2A), (3), (4) and (6A)”;

(d) for paragraph (6), substitute—

“(6) Subject to Article 8(5) of the Commission Regulation, if a purchaser fails to submit a summary required to be submitted under Article 8(2) of the Commission Regulation, by the end of the period specified in Article 8(4), he is liable to pay to the Secretary of State a penalty equivalent to the theoretical amount of levy that would be due on 0.01% of the quantity by volume of milk covered by that declaration for each day of the period of the delay in the submission reaching the Secretary of State.”;

(e) after paragraph (6) insert—

“(6A) Subject to paragraphs (5) and (7), where a purchaser fails to provide or submit to the Secretary of State—

(a) an application, statement or declaration concerning the adjustment of purchaser quota in accordance with regulation 23(2) to (4);

(b) information in accordance with regulation 33(2) to (4); or

(c) a confirmation or amendments relating to a revised version of a summary in accordance with regulation 35(2),

he is liable to pay to the Secretary of State a penalty equivalent to the theoretical amount of levy that would be due on 0.01% of the quantity by volume of milk covered by that application, statement, declaration or revised version, or that information, for each day of the period of delay in the submission reaching the Secretary of State.”.

(7) In paragraph 7, for “(6)” substitute “(6A)”.

(8) In regulation 38, omit paragraph (2).

(9) In regulation 39(2)(a)(ii), for “by virtue of regulation 38(2)” substitute “under article 11(4) of the Commission Regulation”.

(10) In paragraph 2(1) of Schedule 2, at the beginning of both sub-paragraph (h) and (i) insert “if he holds 4,855 or more litres of direct sales quota,”.

(1)

S.I. 2005/465, as amended by S.I. 2006/120.