The Dairy Produce Quotas (General Provisions) (Amendment) Regulations 2005

Amendment of the Dairy Produce Quotas (General Provisions) Regulations 2002

2.  Regulation 2 of the Dairy Produce Quotas (General Provisions) Regulations 2002(1) is amended as follows—

(a) for the definition of “the Commission Regulation”, there is substituted—

““the Commission Regulation” means 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(2);”;

(b) the definitions of “Commission Regulation 2562/93” and “Council Regulation 2055/93” are omitted;

(c) for the definition of “the Community legislation”, there is substituted—

““the Community legislation” means the Council Regulation, the Commission Regulation, and Commission Regulation 1756/93;”;

(d) for the definition of “the Council Regulation”, there is substituted—

““the Council Regulation” means Council Regulation (EC) No. 1788/2003 establishing a levy in the milk and milk products sector(3);”;

(e) in the definition of “delivery”, for the words “Article 9(g)” there are substituted “Article 5(f)”;

(f) for the definition of “direct sale”, there is substituted—

““direct sale” has the same meaning as in Article 5(g) of the Council Regulation;”;

(g) for the definition of “direct sales quota”, there is substituted–

““direct sales quota” means the quantity of dairy produce which may be sold or transferred free of charge by direct sale by a producer in a quota year without that producer being liable to pay levy;”;

(h) for the definition of direct seller, there is substituted—

““direct seller” means a producer who produces milk and treats that milk or processes it into milk products on his holding and subsequently sells or transfers free of charge that milk or those milk products without their having been further treated or processed by a different undertaking which treats or processes milk or milk products;”;

(i) in the definition of “holding”, for the words “Article 9(d)” there are substituted “Article 5(d)”;

(j) in the definition of “national reserve”, for all the words after “in accordance with” there are substituted “Article 14 of the Council Regulation”;

(k) in the definition of “producer”, for the words “Article 9(c)” there are substituted “Article 5(c)”;

(l) in the definition of “purchaser”, for the words “Article 9(e)” there are substituted “Article 5(e)”;

(m) in the definition of “quota year”, for the words “Article 1” there are substituted “Article 1(1)”;

(n) at the end of the definition of “relevant person”, there are added the words “, but does not include a consumer of milk or milk products”;

(o) the definition of “wholesale delivery” is omitted; and

(p) for the definition of “wholesale quota”, there is substituted—

““wholesale quota” means the quantity of milk which may be delivered to a purchaser by a producer in a quota year without that producer being liable to pay levy;”.

(1)

S.I. 2002/458.

(2)

OJ No. L94, 31.3.2004, p.22.

(3)

OJ No. L270, 21.10.03, p.123, as corrected by corrigendum OJ No. L94, 31.3.2004, p. 71.