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Version Superseded: 31/03/2005
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17.—(1) For the purposes of the provisions of [F1Article 6(2) and (5)] of the Council Regulation (which concerns changes from direct sales to wholesale delivery and vice versa), the second sub-paragraph of [F1Article 11(2)] of the Council Regulation (which concerns replacements of purchasers), and this regulation, a producer may apply to convert, temporarily or permanently, direct sales quota to wholesale quota or wholesale quota to direct sales quota.
(2) Where a producer wishes to convert quota permanently or temporarily in any quota year, he shall submit to the Secretary of State an application in such form as the Secretary of State may reasonably require, and such application shall—
(a)state the amount (if any) of that producer’s direct sales quota, wholesale quota, direct sales and wholesale deliveries for the quota year in which the application is made, the amount of unused quota which he holds at the time of the application and the amount which he wishes the Secretary of State to convert; and
(b)include such other information as the Secretary of State may reasonably require in order to assess whether the requirements of [F2Article 6(2) and (5)] of the Council Regulation and Article 3 of the Commission Regulation (which concerns representative fat content) are fulfilled.
(3) The application referred to in paragraph (2) shall be submitted by the producer to the Secretary of State by—
(a)in the case of a permanent conversion of quota, 31st December in the quota year in which the conversion is intended to take effect; or
(b)in the case of temporary conversion of quota, [F314th May in the year] following the end of the quota year in which that temporary conversion of quota takes place.
(4) Subject to paragraphs (5) and (6), where a producer has permanently converted quota in any quota year, he shall not subsequently in that quota year transfer out quota, of the type to which he has converted, whether temporarily or otherwise.
(5) Where, upon an application to the Secretary of State by a producer who has permanently converted quota in any quota year, the Secretary of State is satisfied that exceptional circumstances of a type described in regulation 12(6) have resulted in a significant fall in milk production or a significant failure to achieve a planned increase in milk production, which, in the opinion of the Secretary of State, could have been neither foreseen nor avoided by the producer at the time of his permanent conversion, she may, in the same quota year in which the permanent conversion occurred, release that producer from the restriction in paragraph (4) to the extent that is required so as to allow the transfer of the amount of quota that the Secretary of State considers has remained unused in the particular case.
(6) The restriction in paragraph (4) shall not apply to any producer who, in the immediately preceding quota year, has temporarily converted quota.
Textual Amendments
F1Words in reg. 17(1) substituted (1.4.2004) by The Dairy Produce Quotas (Amendment) Regulations 2004 (S.I. 2004/312), regs. 1, 14, Sch. 1 (with reg. 2(1))
F2Words in reg. 17(2)(b) substituted (1.4.2004) by The Dairy Produce Quotas (Amendment) Regulations 2004 (S.I. 2004/312), regs. 1, 14, Sch. 1 (with reg. 2(1))
F3Words in reg. 17(3)(b) substituted (1.4.2004) by The Dairy Produce Quotas (Amendment) Regulations 2004 (S.I. 2004/312), regs. 1, 15, Sch. 2 (with reg. 2(1))
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