The Dairy Produce Quotas (Amendment) Regulations 1994

Statutory Instruments

1994 No. 2448

FOOD

The Dairy Produce Quotas (Amendment) Regulations 1994

Made

14th September 1994

Laid before Parliament

16th September 1994

Coming into force

7th October 1994

The Minister of Agriculture, Fisheries and Food and the Secretary of State, being Ministers 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, acting jointly, in exercise of the powers conferred on them by the said section 2(2) and of all other powers enabling them in that behalf, hereby make the following Regulations:—

Title and commencement

1.  These Regulations may be cited as the Dairy Produce Quotas (Amendment) Regulations 1994 and shall come into force on 7th October 1994.

Amendment of the Dairy Produce Quotas Regulations 1994

2.  The Dairy Produce Quotas Regulations 1994(2)shall be amended in accordance with regulations 3 to 5 below.

3.  In regulation 6 (adjustment of purchaser quota)—

(a) at the beginning of paragraph (2) there shall be inserted the words “Subject to paragraph (2A) below,”;

(b) after paragraph (2) there shall be inserted the following paragraph—

“(2A) In the case of a transaction which takes place on 1st November 1994 to which the second subparagraph of Article 2(2) of the Council Regulation applies, the requirements of the Intervention Board upon a purchaser (other than a purchaser in Northern Ireland) whose purchaser quota has been increased by virtue of such a transaction (other than as a result of a temporary transfer of quota under regulation 15) specified in paragraph (6) below shall have effect in place of those specified in paragraph (2) above”;

(c) after paragraph (5) there shall be inserted the following paragraphs—

“(6) The requirements of the Intervention Board specified in this paragraph, to which paragraph (2A) above refers, are that the purchaser shall submit to the Intervention Board no later than 8th November 1994, in a form prescribed for this purpose by the Intervention Board, such details of each producer registered with that purchaser on 1st November 1994 as the Intervention Board reasonably may require.

(7) Any purchaser who purchases milk on 1st November 1994, other than a purchaser to whom paragraph (2A) above applies or a purchaser in Northern Ireland, shall submit to the Intervention Board the details required to be submitted by virtue of paragraph (6) above as if a transaction specified in paragraph (2A) above, affecting that purchaser, had taken place.

(8) A purchaser who submits to the Intervention Board details pursuant to paragraph (6) or (7) above shall submit such further information relating to those details as the Intervention Board reasonably may require, within 10 working days of receipt by that purchaser of the request to provide that further information.

(9) By 28th November 1994 each body corporate (other than a body corporate in Northern Ireland) which ceases to be a purchaser on 31st October 1994 shall submit to the Intervention Board in a form prescribed by it for that purpose, such details of deliveries made to that body corporate as purchaser from 1st April 1994 to 31st October 1994 inclusive, adjusted in accordance with Article 2(2) of the Commission Regulation, as the Intervention Board reasonably may require.”.

4.  In regulation 25 (registers to be prepared and maintained by the Intervention Board), in paragraph (1)(a)(iv) for the figure “(iv)” there shall be substituted the figure “(v)”.

5.  In regulation 33 (confiscation and restoration of quota), in paragraph (5)(b)(iii) there shall be inserted after the figure “19” the words “of Schedule 4”.

In witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on

L.S.

William Waldegrave

Minister of Agriculture, Fisheries and Food

14th September 1994.

Hector Monro

Parliamentary Under-Secretary of State, Scottish Office

14th September 1994

Explanatory Note

(This note is not part of the Regulations)

These Regulations amend the Dairy Produce Quotas Regulations 1994 (“the principal Regulations”) as a consequence of the reorganisation of the arrangements in relation to the marketing of milk in the United Kingdom pursuant to Part I of the Agriculture Act 1993 (1993 c. 37).

The Regulations amend regulation 6 of the principal Regulations to require all purchasers (as defined in the principal Regulations) in Great Britain who purchase milk on 1st November 1994 to submit details to the Intervention Board of each producer registered with them on that date by 8th November 1994 (regulation 3).

The Regulations also require bodies corporate in Great Britain who cease to act as purchasers on 31st October 1994 to submit to the Intervention Board details of deliveries of milk made to them from 1st April 1994 to 31st October 1994.

Other minor amendments have been made.

(1)

S.I. 1972/1811.

(2)

1972 c. 68.