The Dairy Produce Quotas (Wales) Regulations 2005

Adjustment of purchaser quota E+W

23.—(1) Where a quota holder's wholesale quota is increased or reduced in accordance with the Community legislation or these Regulations, the purchaser quota of any purchaser to whom that wholesale quota is applicable is correspondingly increased or reduced.

(2) As regards a transaction to which [F1 Article 81(2) of the Council Regulation] applies (which concerns replacements of purchasers and changes of purchasers by producers), a purchaser whose purchaser quota has been increased by virtue of such a transaction must submit to the National Assembly an application for his or her purchaser quota to be increased by the specified amount.

(3) An application referred to in paragraph (2) must include —

(a) a statement setting out the particulars of the transaction; and

(b) a declaration made and signed by the producer that the purchaser whose purchaser quota is to decrease has been notified of the particulars set out in the application referred to in paragraph (2).

(4) The application referred to in paragraph (2) —

(a) must reach the National Assembly no later than 14 May in the quota year immediately following that in which the transaction took place; and

(b) must be made in such form as the National Assembly may reasonably require.

(5) The specified amount must not include the remaining registered wholesale quota except so far as the increase registered in pursuance of paragraph (8) includes that quota.

(6) The remaining registered wholesale quota shall remain available to the original purchaser.

(7) If insufficient quota is registered with the original purchaser to cover deliveries made by the producer before the date of change of purchaser, any additional quota obtained by a producer is to be allocated to the original purchaser until all deliveries to the original purchaser made by the producer before that date are covered after any adjustment for butterfat content in accordance with Article 10(1) of the Commission Regulation.

(8) At the beginning of the quota year immediately following the quota year in which the increase referred to in paragraph (2) took place, the purchaser quota of the purchaser with whom the producer is newly registered is to be increased by such part of the remaining registered wholesale quota of the producer as is included in the specified amount.

(9) If the amount of quota necessary to cover the deliveries made to an original purchaser is affected by —

(a) a transfer of quota to the producer under these Regulations; or

(b) an adjustment for butterfat content in accordance with Article 10(1) of the Commission Regulation,

then, subject to paragraph (10), the National Assembly must make such adjustments in the purchaser quota of the original purchaser, and of the purchaser with whom the producer is newly registered, as are required to ensure that sufficient quota is registered with the original purchaser to cover deliveries made.

(10) The National Assembly must make an adjustment pursuant to paragraph (9) after the end of the quota year in question.

(11) Where a producer has quota registered with two or more purchasers, the producer may apply to the National Assembly temporarily to change the quota registered between them, except so far as the quota registered with each of them is necessary to cover the deliveries made by him or her before the date of the transfer after any adjustment for butterfat content in accordance with Article 10(1) of the Commission Regulation.

(12) A producer who makes an application to the National Assembly pursuant to paragraph (11) must submit with his or her application —

(a) a statement setting out particulars of the quota to be temporarily reregistered; and

(b) a declaration made and signed by the producer that the purchaser whose purchaser quota is to decrease has been notified of the particulars set out in the statement.

(13) The statement and declaration referred to in paragraph (12) —

(a) must be in such form as the National Assembly may reasonably require; and

(b) must reach the National Assembly no later than 15 June in the quota year immediately following the quota year for which the temporary re-registration is requested.

(14) In this regulation —

(a) “remaining registered wholesale quota” means the amount of quota necessary to cover the deliveries made by a producer before the date of the change of purchaser (adjusted in accordance with Article 10(1) of the Commission Regulation); and

(b) “specified amount” means an amount equivalent to so much of a producer's registered wholesale quota as is specified by that producer.

Textual Amendments

F1 Words in reg. 23(2) substituted (1.4.2008) by The Dairy Produce Quotas (Wales) (Amendment) Regulations 2008 (S.I. 2008/685), reg. 1, Sch. para. 9