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.