The Dairy Produce Quotas (Scotland) Amendment Regulations 2006

Explanatory Note

(This note is not part of the Regulations)

These Regulations, which come into force on 31st March 2006, 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, 21.10.03, p.123) 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, 31.3.04, p.22) (“the Commission Regulation”).

These Regulations–

(a) correct an error in regulation 16 of the 2005 Regulations which prevented the transfer of quota necessary to cover production before the date of transfer. The amendment provides that such quota may be transferred, but cannot be identified as unused quota (regulation 3);

(b) amend certain provisions requiring dairy producers and purchasers to provide information to the Scottish Ministers by specified dates to make clear that these dates refer to the date the information is dispatched, not the date of receipt by the Scottish Ministers (regulations 4 to 6); and

(c) amend the provisions on administrative penalties in regulation 36 of the 2005 Regulations to–

(i) insert a penalty for purchasers who send inaccurate summaries of production required to be submitted under Article 8(2) of the Commission Regulation; and

(ii) provide that the penalty for purchasers who fail to submit a summary as required by Article 8(4) of the Commission Regulation before 1st July in the year in which it is required applies 30 days after the service of a notice by the Scottish Ministers to this effect (regulation 7).

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.