The Dairy Produce Quotas Regulations 2005

PART 6INFORMATION AND RECORDS

Information

33.  (1)  Every relevant person must provide such information to the Secretary of State as the Secretary of State may reasonably require to perform her functions under these Regulations and the Community legislation.

(2) Each purchaser must provide the Secretary of State with such information as she may reasonably require relating to deliveries made or to be made to the purchaser by such person or persons as the Secretary of State 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) must be provided—

(a)for such periods; and

(b)in such form,

as the Secretary of State may reasonably require.

(4) The information referred to in paragraph (2) must be submitted so as to reach the Secretary of State 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 must provide the Secretary of State with a list of those 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 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 her no later than 14th May following the end of that quota year.

(6) The Secretary of State must provide each purchaser with a copy of such information as the purchaser may reasonably require for the purposes of—

(a)that purchaser’s registration obligations 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 must 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 Secretary of State any declaration which he is required to submit by Article 11(2) of the Commission Regulation so that the declaration reaches her on or before 14th May in any year; or

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

the Secretary of State 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 she reasonably considers an authorised officer should make in order to obtain the declaration or summary in question.

(2) If the Secretary of State sends to a purchaser a revised version of a summary submitted by him in accordance with Article 8(2) of the Commission Regulation, the purchaser must 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 Secretary of State 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 Secretary of State) who is authorised by the Secretary of State, either generally or specifically, to act in matters arising under these Regulations and the Community legislation.

(1)

S.I. 1992/314; relevant amending instrument is S.I. 2001/3686.