The Single Common Market Organisation (Emergency Aid for Milk Producers) Regulations 2015

Interpretation U.K.

2.—(1) In these Regulations—

“2014-2015 milk quota year” means the period from 1st April 2014 to 31st March 2015;

“authorised person” means any person who is authorised by any of the competent authorities, either generally or specifically, whether or not an officer or employee of that authority, to act in relation to matters arising under these Regulations;

“available aid” means the amount in the entry for “UK” in the Annex to Commission Regulation (EU) 2015/1853 minus the Northern Ireland uplift;

“Commission Regulation (EU) 2015/1853” means Commission Delegated Regulation (EU) 2015/1853 providing for temporary exceptional aid to farmers in the livestock sectors(1);

[F1 “Commission Regulation (EU) 2016/1612” means Commission Delegated Regulation (EU) 2016/1612 providing aid for milk production reduction;]

“competent authorities” means—

(a)

in relation to England, the Secretary of State;

(b)

in relation to Scotland, the Scottish Ministers;

(c)

in relation to Wales, the Welsh Ministers;

(d)

in relation to Northern Ireland, the Department of Agriculture and Rural Development;

“the Direct Payments Regulation” means Regulation (EU) No 1307/2013 of the European Parliament and of the Council establishing rules for direct payments to farmers under support schemes within the framework of the common agricultural policy(2) [F2 , as last amended by Commission Delegated Regulation (EU) 2018/162];

“farmer” has the same meaning as in the Direct Payments Regulation;

“markets” means to deliver or make direct sales of milk or other milk products;

“milk” means the product of the milking of one or more cows;

“milk equivalent” means the quantity of milk used to manufacture a milk product;

“milk producer” means—

(a)

a Northern Ireland milk producer; or

(b)

a farmer—

(i)

who produces and markets milk; and

(ii)

whose name was listed for part or all of the 2014-2015 milk quota year, in one or more registers maintained—

(aa)

in respect of England, by the Secretary of State in accordance with regulation 4(1)(a) and (3)(a) of the Dairy Produce Quota Regulations 2005(3);

(bb)

in respect of Scotland, by the Scottish Ministers in accordance with regulation 4(1)(a) and (3)(a) of the Dairy Produce Quotas (Scotland) Regulations 2005(4);

(cc)

in respect of Wales, by the National Assembly of Wales in accordance with regulation 4(1)(a) and (3)(a) of the Dairy Produce Quotas (Wales) Regulations 2005(5);

[F1 “milk reduction payment” means a payment due to any person under Article 5 of Commission Regulation (EU) 2016/1612;]

“Northern Ireland milk producer” means a farmer—

(a)

who produces and markets milk; and

(b)

whose name was listed for part or all of the 2014-2015 milk quota year, in one or more of the registers maintained, in respect of Northern Ireland, by the Department of Agriculture and Rural Development in accordance with regulation 4(1)(a) and (3)(a) of the Dairy Produce Quotas Regulations (Northern Ireland) 2005(6);

“Northern Ireland uplift” means the sum of €1.5 million to be shared amongst Northern Ireland milk producers;

“operative exchange rate” means the rate of exchange applied as a result of Article 1(2) of Commission Regulation (EU) 2015/1853;

“partnership” includes a Scottish partnership.

(2) In paragraph (1)—

“other milk products” means any milk product other than milk, in particular skimmed milk, cream, butter, yoghurt and cheese.

Textual Amendments

F1 Words in reg. 2(1) inserted (1.12.2016) by The Single Common Market Organisation (Emergency Aid for Milk Producers) (Amendment) Regulations 2016 (S.I. 2016/1076), regs. 1, 3

F2 Words in reg. 2(1) inserted (17.9.2018) by The Environment, Food and Rural Affairs (Miscellaneous Amendments and Revocations) Regulations 2018 (S.I. 2018/942), regs. 1(2), 45(2)

(1)

OJ No L 271, 16.10.15, p 25.

(2)

OJ No L 347, 20.12.13, p 608, as last amended by Commission Delegated Regulation (EU) 2015/851 (OJ No L 135, 2.6.2015, p 8).

(3)

S.I. 2005/465, as last amended by S.I. 2008/439.

(4)

S.S.I. 2005/91, to which there are amendments not relevant to these Regulations.

(5)

S.I. 2005/537 (W.47), to which there are amendments not relevant to these Regulations.

(6)

S.R. 2005/70, to which there are amendments not relevant to these Regulations.