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The Dairy Produce Quotas (Wales) (Amendment) Regulations 2007

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Amendment of the Dairy Produce Quotas (Wales) Regulations 2005

2.—(1) The Dairy Produce Quotas (Wales) Regulations 2005(1) are amended as follows.

(2) In regulation 2(1)—

(a)at the end of the definition of “the Commission Regulation” add “, as last amended by Commission Regulation (EC) No. 1468/2006 (OJ No. L274, 5.10.2006, p 6)”;

(b)omit the definition of “Commission Regulation 1756/93”;

(c)in the definition of “the Community legislation”, for “, the Commission Regulation and Commission Regulation 1756/93” substitute “and the Commission Regulation”;

(d)at the end of the definition of “the Council Regulation” add “, as last amended by Council Regulation (EC) No. 1406/2006 (OJ No. L265, 26.9.2006, p 8)”.

(3) In regulation 7(a), for sub-paragraphs (i) to (iii) substitute—

(i)is the quota holder identified in that entry, or

(ii)gives the National Assembly a statement in writing that he or she has an interest in the holding of the quota holder identified in that entry; or.

(4) In regulation 9(3), for the words after “National Assembly” to the end of the paragraph substitute “no later than 31 March in the quota year in which the transfer takes place.”.

(5) In regulation 31(5), for “1 September” substitute “30 September”.

(6) In regulation 36—

(a)in paragraph (1), for “(2) and (3)” substitute “(2A) and (3)”;

(b)omit paragraph (2);

(c)in paragraph (5), for “paragraphs (2) to (4)” substitute “paragraphs (2A), (3), (4) and (6A)”;

(d)for paragraph (6), substitute—

(6) Subject to Article 8(5) of the Commission Regulation, if a purchaser fails to submit a summary required to be submitted under Article 8(2) of the Commission Regulation, by the end of the period specified in Article 8(4), he or she is liable to pay to the National Assembly a penalty equivalent to the theoretical amount of levy that would be due on 0.01% of the quantity by volume of milk covered by that declaration for each day of the period of the delay in the submission reaching the National Assembly.;

(e)after paragraph 6 insert—

(6A) Subject to paragraphs (5) and (7), where a purchaser fails to provide or submit to the National Assembly—

(a)an application, statement or declaration concerning the adjustment of purchaser quota in accordance with regulation 23(2) to (4);

(b)information in accordance with regulation 33(2) to (4); or

(c)a confirmation or amendments relating to a revised version of a summary in accordance with regulation 35(2),

he or she is liable to pay to the National Assembly a penalty equivalent to the theoretical amount of levy that would be due on 0.01% of the quantity by volume of milk covered by that application, statement, declaration or revised version, or that information, for each day of the period of delay in the submission reaching the National Assembly..

(7) In paragraph 7, for “(6)” substitute “(6A)”.

(8) In regulation 38, omit paragraph (2).

(9) In regulation 39(2)(a)(ii), for “by virtue of regulation 38(2)” substitute “under article 11(4) of the Commission Regulation”.

(10) In paragraph 2(1) of Schedule 2, at the beginning of both sub-paragraph (h) and (i) insert “if he or she holds 4,855 or more litres of direct sales quota,”.

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