Dairy Produce Quotas Regulations (Northern Ireland) 2005

PART 2 REGISTRATION OF QUOTA

Registers and notices to be maintained and prepared by the Department

4.—(1) The Department shall –

(a) maintain a direct sales register; and

(b) send to each direct seller a copy of the entry in the direct sales register relating to him.

(2) The direct sales register shall contain an entry in respect of each direct seller setting out in particular –

(a) his name;

(b) his trading address;

(c) a reference number which serves to identify him;

(d) the direct sales quota available to him for the quota year; and

(e) the details of his direct sales.

(3) The Department shall –

(a) maintain a wholesale register;

(b) send to each wholesale producer a copy of the entry in the wholesale register relating to him; and

(c) send to each purchaser named in the list referred to in paragraph (4)(e) a copy of that part of the entry relating to his purchaser quota.

(4) The wholesale register shall contain an entry in respect of each wholesale producer setting out in particular –

(a) his name;

(b) his trading address;

(c) a reference number which serves to identify him;

(d) the wholesale quota available to him for the quota year; and

(e) a list of the names and addresses of each purchaser whose purchaser quota will be calculated to take into account all or part of that wholesale producer’s total wholesale quota, and of the wholesale quota registered with each purchaser, showing the representative fat content base of that quota calculated in accordance with Article 7 of the Commission Regulation.

(5) The Department shall –

(a) maintain a register of purchasers; and

(b) send to each purchaser a copy of the purchaser entry relating to him.

(6) The register of purchasers shall contain an entry in respect of each purchaser setting out in particular –

(a) his name; and

(b) his purchaser quota.

(7) For the purposes of paragraphs (1) to (4), where the holding of a quota holder comprises more than one dairy enterprise, that quota holder may, after submitting to the Department a consent or sole interest notice in respect of that holding, agree with the Department the partition of the quota available to that quota holder relating to that holding between separate direct sales register entries or separate wholesale register entries, as the case may be.

(8) The Department –

(a) may make such enquiries as it reasonably considers necessary for the purposes of ensuring the accuracy of the registers which it is required to maintain under this regulation;

(b) shall amend the registers –

(i) to record any allocation or adjustments made under or by virtue of these Regulations; or

(ii) to make any correction or amendment which it reasonably considers to be necessary; and

(c) shall notify any person affected by any correction or amendment made by it.

(9) Notwithstanding that a person is no longer a producer, he shall –

(a) remain registered pursuant to this regulation; and

(b) for the purposes of this regulation, and regulations 6, 7(a) and 33(1), continue to be regarded as a producer,

until the start of the quota year following the year in which the quota available to him has been transferred or until the quota has been withdrawn under Article 15 of the Council Regulation.

(10) The obligation under paragraphs (1)(b), (3)(b) and (c) and (5)(b) is an obligation to send a copy of –

(a) an entry; or

(b) part of an entry,

as the case may be, as it has effect on 1st April in each year.

Approval of purchasers

5.—(1) For the purposes of Article 23 of the Commission Regulation (which concerns the approval of purchasers), a purchaser shall make an application to the Department for approval in such form as the Department may reasonably require.

(2) An application under paragraph (1) shall state the purchaser’s trading address, or, if there is more than one such address, each such address and his principal trading address.

(3) For the purposes of Article 23(2) of the Commission Regulation (which permits Member States to lay down stricter rules on the approval of purchasers), the Department may only approve a purchaser if the purchaser has complied with the requirements of paragraph (4).

(4) The requirements referred to in paragraph (3) are that the purchaser –

(a) has given an undertaking to the Department to comply with the provisions of these Regulations and the Community legislation;

(b) has not materially contravened the provisions of any scheme for support in the agricultural sector derived from legislation; and

(c) either –

(i) by submitting to the Department such information as it may reasonably require, has demonstrated to the reasonable satisfaction of the Department that he has a sound financial basis upon which to operate; or

(ii) if the Department considers that the purchaser has not been trading long enough for that to be so demonstrated, has provided such security as the Department may reasonably require.

(5) Each purchaser shall inform the Department of –

(a) any change in his trading address, or, where there is more than one such address, any change in any such trading address, any additional trading address and any change in his principal trading address; and

(b) any factor or change in circumstances which affects his ability to comply with the undertaking referred to in paragraph (4)(a).

(6) Each purchaser shall –

(a) confirm to each producer supplying him that he is approved pursuant to Article 23 of the Commission Regulation and this regulation and provide details of the approval if requested; and

(b) notify each producer supplying him if the approval is withdrawn.

Obligations of producers and purchasers with respect to registration and deliveries

6.—(1) Each –

(a) direct seller; and

(b) wholesale producer,

shall register his quota with the Department.

(2) Each purchaser shall maintain, in respect of all wholesale producers whose register entries include that purchaser’s name on the list referred to in regulation 4(4)(e) –

(a) a register corresponding to that maintained by the Department under regulation 4(3) in respect of that part of his purchaser quota attributable to each of those producers;

(b) a register of particulars of deliveries from each of those producers to that purchaser; and

(c) the information required by paragraphs 2 to 4 of Article 24 of the Commission Regulation (which concerns the records required in connection with levy assessment).

(3) Each person who holds registered wholesale quota, including any producer who has temporarily ceased or who intends temporarily to cease making deliveries, shall register his quota with a purchaser.

(4) Each purchaser shall maintain a system approved by the Department for –

(a) sampling the milk of each wholesale producer whose register entries include the purchaser’s name on the list referred to in regulation 4(4)(e); and

(b) determining its fat content.

(5) Each purchaser shall amend the register referred to in paragraph (2)(a) as directed by the Department on each occasion when he is notified by the Department that the equivalent register maintained by the Department has been amended in relation to wholesale producers registered in that purchaser’s register.

Inspection of entries in the Department’s registers

7.  If a request –

(a) is made in respect of a register entry referred to in regulation 4(2) or (4) by any person who –

(i) is the quota holder identified in that entry;

(ii) gives the Department a statement in writing that he has an interest in the holding of the quota holder identified in that entry; or

(iii) is the agent of the quota holder referred to in head (i) or (ii); or

(b) is made by a purchaser in respect of an entry in the register referred to in regulation 4(6) relating to himself,

the Department may, on payment of a reasonable charge, supply to the person making the request a copy of the register entry.

Registers as evidence

8.  In any proceedings, any entry in a register which the Department is required by these Regulations to maintain shall be evidence of the matters stated in it.