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The Dairy Produce Quotas (Scotland) Regulations 2005

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Reallocation of wholesale producers' wholesale quota

27.—(1) This regulation applies for the purpose of Article 10(3) of the Council Regulation (which concerns the calculation of levy on deliveries).

(2) After the end of each quota year, the Scottish Ministers shall determine for each wholesale producer the amount, if any, of unused quota available to that wholesale producer, taking into account any adjustment required under regulation 25(4), the amount of any converted quota and wholesale quota transferred in accordance with regulations 9, 13 or 15 or restored under regulation 39.

(3) If the Scottish Ministers determine pursuant to paragraph (2) that a wholesale producer has unused quota, they shall–

(a)add the total amount of unused quota to the national reserve;

(b)subject to paragraph (4), make an award of any temporary reallocation of wholesale quota in accordance with regulation 19; and

(c)having made such an award, reallocate any remaining amount of unused quota to any wholesale producers whose deliveries are in excess of their wholesale quota in proportion to their respective wholesale quotas.

(4) The amount of an award made under paragraph (3)(b) shall be reduced proportionately if there is insufficient wholesale quota after the Scottish Ministers have complied with paragraph (3)(a) to make a full award to all wholesale producers who are eligible to receive a temporary reallocation of wholesale quota under regulation 19.

(5) Subject to paragraph (6), if the total amount of unused quota available for reallocation to a wholesale producer under paragraph (3)(c) is not required by that wholesale producer to cover the butterfat adjusted deliveries of the wholesale producer, the Scottish Ministers shall reallocate the amount of unused quota not required amongst all wholesale producers whose butterfat adjusted deliveries are in excess of their wholesale quota in proportion to their respective wholesale quotas.

(6) No wholesale producer may receive any unused quota under paragraph (5) in excess of the amount of wholesale quota required by that wholesale producer to cover the amount by which the butterfat adjusted deliveries of that wholesale producer exceed the wholesale quota of that wholesale producer.

(7) In this regulation, “butterfat adjusted deliveries” means deliveries adjusted for butterfat content in accordance with Article 10(1) of the Commission Regulation.

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