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Regulation 21

SCHEDULE 8CALCULATION OF LEVY LIABILITY

Wholesale quota

1.  The Minister shall determine the amount, if any, by which the wholesale deliveries of dairy produce to each purchaser exceeds its total purchaser quota after having completed in sequence the steps required by paragraphs 3 to 8.

2.  The Minister shall determine the amount of levy to be paid by each purchaser by multiplying the amount, if any, referred to in paragraph 1, by the rate of levy established in accordance with Article 1 of Council Regulation 857/84.

3.  The Minister shall determine the amount, if any, by which the quantity of wholesale deliveries of dairy produce to each purchaser must be adjusted to take account of its fat content, calculated in accordance with article 12(2) of the Commission Regulation.

4.  The Minister shall determine for each purchaser the amount, if any, taking into account the amount of quota converted in accordance with Schedule 7, by which the purchaser quota of each purchaser exceeds or falls short of the quantity of wholesale deliveries of dairy produce made to it, and where the purchaser operates in more than one region shall make a determination in respect of each such region.

5.  The Minister may, at the request of a purchaser which–

(a)operates in more than one region; and

(b)has an excess of purchaser quota in relation to the quantity of wholesale deliveries made to it in one region but a shortfall of such quota in another region,

reallocate the excess quota to the region where the shortfall exists, to the extent necessary to offset the purchaser’s potential liability to levy.

6.  The Minister shall–

(a)determine the amount, if any, of excess purchaser quota remaining for each purchaser in each region after the determination in paragraph 4 and any reallocation in accordance with paragraph 5 have been made;

(b)determine the total of all such amounts in each region.

7.  The Minister shall reallocate the amount, if any, referred to in paragraph 6(b) among purchasers within that region in proportion to the amount by which the quantity of wholesale deliveries of dairy produce made to them adjusted to take account of its fat content exceeds the purchaser quota of each such purchaser.

8.  The Minister shall determine the amount, if any, by which the purchaser quota of all purchasers in each region exceeds the total quantity of wholesale deliveries of dairy produce made to them, and shall reallocate such amount among purchasers in regions in which the wholesale deliveries exceed the sum of purchaser quotas available, in proportion to the amount by which the wholesale deliveries made to each purchaser exceeds its purchaser quota.

Direct sales quota

9.  The Minister shall determine the amount, if any, by which the direct sales quota of all direct sellers, after taking into account the amount of quota converted in accordance with Schedule 7, falls short of the total quantity of dairy produce sold by direct sales by them.

10.  The Minister shall determine for each direct seller the amount, if any, taking into account the amount of quota converted in accordance with Schedule 7, by which his direct sales quota falls short of the quanity of dairy produce sold by direct sale by him.

11.  The Minister shall determine the aggregate of the amounts, if any, referred to in paragraph 10.

12.  The Minister shall determine the total amount of levy payable by multiplying the amount, if any, referred to in paragraph 9 by the rate of levy calculated in accordance with Article 11 of Council Regulation 857/84.

13.  The Minister shall calculate the rate of levy per litre, if any, to be paid by each direct seller on the amount, if any, at paragraph 10 by dividing the amount calculated in accordance with paragraph 12 by the aggregate referred to in paragraph 11.

14.  Where a direct seller fails to notify the Minister within two months of the end of the quota year of the total quantity of milk or milk products sold by him by direct sales in that year, the Minister may require that rate of levy per litre, to be paid by that direct seller on the quantity not notified shall be the rate calculated in accordance with Article 1 of Council Regulation 857/84.