The Dairy Produce Quotas (Wales) Regulations 2002 (revoked)

Conversion of quota E+W

17.—(1) For the purposes of the provisions of Article 4(2) of the Council Regulation (which concerns changes from direct sales to wholesale delivery and vice versa), the second sub-paragraph of Article 2(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 or she shall submit to the National Assembly an application in such form as the National Assembly 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 or she holds at the time of the application and the amount which he or she wishes the National Assembly to convert; and

(b) include such other information as the National Assembly may reasonably require in order to assess whether the requirements of Article 4(2) 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 National Assembly 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, 14th May in any 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 or she shall not subsequently in that quota year transfer out quota, of the type to which he or she has converted, whether temporarily or otherwise.

(5) Where, upon an application to the National Assembly by a producer who has permanently converted quota in any quota year, the National Assembly 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 National Assembly, could have been neither foreseen nor avoided by the producer at the time of his or her permanent conversion, it 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 National Assembly 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.