PART 2Emergency payments
Emergency payments to milk producers3
1
Before making any emergency payment, the Secretary of State must determine—
a
the formula for calculating the amount of any emergency payment to be paid to a milk producer in England, and
b
the formula for calculating the amount of any emergency payment to be paid to a milk producer in Northern Ireland.
2
After determining the formulae referred to in paragraph (1) and before making any emergency payment, the Secretary of State must publish, on a website maintained by or on behalf of the Secretary of State, information setting out and explaining the formulae.
3
After publishing the information referred to in paragraph (2), the Secretary of State must provide that information to any person who requests it.
4
The Secretary of State must make an emergency payment, calculated in accordance with the applicable formula determined under paragraph (1), to each milk producer who—
a
submits an application, in a form approved by the Secretary of State, so that it is received by the Secretary of State on or before 31st May 2017,
b
during the relevant period and on the date the application was made, managed a holding—
i
that is situated in England or Northern Ireland, and
ii
on which milk was produced to be marketed, or to manufacture any other milk product to be marketed, and
c
marketed a combined volume of not more than 1 million litres of milk and milk equivalent during the relevant period.
5
For the purposes of paragraph (4)(b)(i), a holding is situated—
a
in England, if the Secretary of State is the competent authority for the holding under regulation 3 of the 2014 Regulations;
b
in Northern Ireland, if the Department of Agriculture, Environment and Rural Affairs is the competent authority for the holding under that provision.
6
An emergency payment may be paid—
a
in pounds sterling, after applying the exchange rate determined in accordance with Article 1(2) of Commission Regulation 2016/1613, or
b
in euro.
7
In this regulation—
“farmer” and “holding” have the same meaning as in the Direct Payments Regulation;
“markets” means delivers or makes direct sales of a product, and “marketed” is to be construed accordingly;
“milk” means the product of milking one or more cows;
“milk equivalent” means the quantity of milk used to manufacture any other milk product;
“milk producer” means a farmer who produces and markets milk;
“other milk product” means any milk product other than milk, and includes skimmed and semi-skimmed milk, cream, butter, yoghurt and cheese;
“the relevant period” means the period beginning on 1st April 2015 and ending on 31st March 2016.