The Dairy Produce Quotas (Scotland) Amendment Regulations 2007

Explanatory Note

(This note is not part of the Regulations)

These Regulations, which come into force on 31st March 2007, amend the Dairy Produce Quotas (Scotland) Regulations 2005 (S.S.I. 2005/91) (“the 2005 Regulations”).

The 2005 Regulations implement Council Regulation (EC) No. 1788/2003 establishing a levy in the milk and milk products sector (O.J. No. L 270, 21.10.2003, p.123) (as amended) and Commission Regulation (EC) No. 595/2004 laying down detailed rules for applying Council Regulation (EC) No. 1788/2003 establishing a levy in the milk and milk products sector (O.J. No. L 94, 31.3.2004, p.22) (“the Commission Regulation”).

These Regulations–

(i) update the references to Community legislation (regulation 3);

(ii) remove the reference to the agent of a quota holder in respect of inspection of registers (regulation 4);

(iii) amend the requirement to submit a notice to the Scottish Ministers, on the transfer of quota with the transfer of land, by lease and otherwise, on two different dates, to require submission by a single date, the 31st March, in both cases (regulation 5);

(iv) amend the date from when unpaid levy may be recovered (regulation 6);

(v) amend the administrative penalty procedure on late submission of summaries of deliveries by milk purchasers in accordance with changes to the Commission Regulation (made by Commission Regulation (EC) 1468/2006 (O.J. L274, 5.10.2006, p.6)) and correct the drafting of the 2005 Regulations (regulation 7);

(vi) amend the administrative penalty procedure on late submission of declarations of direct sales to remove the provision on confiscation of quota since this is now fully set out in the Commission Regulation (as amended by Commission Regulation (EC) 1468/2006 (regulations 8 and 9)); and

(vii) amend the record keeping requirements for direct sellers of milk and milk products (regulation 10).

A full regulatory impact assessment has not been produced for this instrument as it has no impact on the costs of business, charities or voluntary bodies.