The Dairy Produce Quotas (Scotland) Regulations 2005

PART 6 INFORMATION AND RECORDS

Information

33.—(1) Every relevant person shall provide such information to the Scottish Ministers as the Scottish Ministers may reasonably require to perform their functions under these Regulations and the Community legislation.

(2) Each purchaser shall provide the Scottish Ministers with such information as they may reasonably require relating to deliveries made or to be made to the purchaser by such person or persons as the Scottish Ministers may identify for the purpose of monitoring deliveries in relation to the total national reference quantity for the United Kingdom referred to in Article 1(3) and Annex I of the Council Regulation.

(3) The information referred to in paragraph (2) shall be provided–

(a) for such periods; and

(b) in such form,

as the Scottish Ministers may reasonably require.

(4) The information referred to in paragraph (2) shall be submitted so as to reach the Scottish Ministers before the expiry of the period of three working days beginning with the end of the period to which the information relates or within seven working days beginning with the date of notification of the requirement, whichever is the later.

(5) Each purchaser shall provide the Scottish Ministers with a list of those wholesale quota holders registered with that purchaser at 31st March in each quota year (whether they have been so registered for the whole or part of that quota year) who–

(a) hold wholesale quota in respect of that quota year that has not been acquired by temporary transfer for that quota year; and

(b) have not made deliveries to that purchaser during that quota year;

and ensure that the list reaches the Scottish Ministers no later than 14th May following the end of that quota year.

(6) The Scottish Ministers shall provide each purchaser with a copy of such information as the purchaser may reasonably require for the purposes of–

(a) the registration obligations of that purchaser under regulation 6; and

(b) Article 8 of the Commission Regulation (which concerns the submission of summaries of producers' statements of deliveries or declarations that no deliveries have been received).

Keeping and retention of records

34.—(1) For the purposes of Article 17 of the Commission Regulation (which requires member States to take all necessary measures to ensure that the levy is correctly charged), a relevant person shall comply with the requirements of paragraph (2) in addition to meeting any relevant requirement of paragraphs 2 to 6 of Article 24 of the Commission Regulation (which concerns record keeping obligations of purchasers and producers).

(2) The requirements referred to in paragraph (1) are–

(a) to keep and retain such records; and

(b) to comply with sub-paragraph (a) for such periods,

as are specified in Schedule 2.

(3) Paragraph (1) is without prejudice to regulation 3 of the Common Agricultural Policy (Protection of Community Arrangements) Regulations 1992(1).

Annual declarations and summaries

35.—(1) If–

(a) a producer in whose name any direct sales quota is registered pursuant to regulation 4 fails to submit to the Scottish Ministers any declaration which that producer is required to submit by Article 11(2) of the Commission Regulation so that the declaration reaches the Scottish Ministers on or before 14th May in any year; or

(b) a purchaser fails to submit any summary which that purchaser is required to submit to the Scottish Ministers by Article 8(2) of the Commission Regulation so that the summary reaches them on or before 14th May in any year,

the Scottish Ministers may recover a reasonable charge from that producer or that purchaser, as the case may be, in respect of any visit to any premises which they reasonably consider an authorised officer should make in order to obtain the declaration or summary in question.

(2) If the Scottish Ministers send to a purchaser a revised version of a summary submitted by that purchaser in accordance with Article 8(2) of the Commission Regulation, the purchaser shall submit either–

(a) confirmation that the revised version is agreed; or

(b) amendments to the revised version,

so that such confirmation or amendments, as the case may be, reach the Scottish Ministers before the expiry of the period of ten working days beginning with the date on which the revised version was sent to the purchaser.

(3) In this regulation, “authorised officer” means a person (whether or not an officer of the Scottish Ministers) who is authorised by the Scottish Ministers, either generally or specifically, to act in matters arising under these Regulations and the Community legislation.

(1)

S.I. 1992/314; as amended by S.I. 2001/3686 and S.I. 2001/3198.