The Dairy Produce Quotas Regulations 1989

Regulation 19

SCHEDULE 8 CALCULATION OF LEVY LIABILITY

Wholesale quota

1.  The Minister shall calculate–

(a) 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 paragraph 12(1) of the Commission Regulation, and

(b) the amount, if any, by which the purchaser quota exceeds the quantity of wholesale deliveries of dairy produce to him, adjusted in accordance with subparagraph (a), and

(c) the amount, if any, by which the wholesale deliveries of dairy produce to each purchaser, adjusted in accordance with subparagraph (a), exceeds his purchaser quota, and

(d) the aggregate of the amounts referred to at subparagraph (b) by which the total purchaser quota of each purchaser which exceeds the quantity of wholesale deliveries of dairy produce to him, adjusted in accordance with subparagraph (a), do so in each region.

2.  The aggregate, if any, referred to in paragraph 1(d) shall be reallocated among purchasers in that region in proportion to, and (so far as it is available) to the extent of, the amounts referred to at paragraph 1(c).

3.  The Minister shall calculate for each purchaser the amount, if any, by which the amount in paragraph 1(c) exceeds the amount reallocated in paragraph 2.

4.  The Minister shall direct each purchaser to convert into wholesale quota the direct sales quota of any applicant who has both direct sales and wholesale quota for conversion under Schedule 7 to the extent of the amount referred to in paragraph 3 or (so far as it is available) to the extent of the quantity of direct sales quota each applicant has available for conversion whichever is less.

5.  The Minister shall calculate for each purchaser the amount, if any, by which the amount referred to in paragraph 3 exceeds the amount of direct sales quota which each purchaser has converted into wholesale quota under paragraph 4.

6.  The Minister shall calculate in respect of each region–

(a) the amount, if any, by which the total purchaser quota of purchasers within that region taking into account the amount of quota converted in accordance with paragraph 4, exceeds or falls short of the quantity of wholesale deliveries of dairy produce to purchasers within that region, and

(b) the aggregate of the amounts by which all those amounts referred to in subparagraph (a) exceed the total regional wholesale deliveries of dairy produce.

7.  The aggregate referred to in paragraph 6(b) shall be reallocated among purchasers in regions in which wholesale deliveries of dairy produce have exceeded the appropriate regional wholesale quota in proportion to, and (so far as it is available) to the extent of, the amount, if any,calculated for each purchaser under paragraph 5.

8.  The Minister shall calculate for each purchaser the amount, if any, by which the amount referred to in paragraph 5 exceeds the amount, if any, reallocated to that purchaser under paragraph 7.

Direct sales quota

9.  The Minister shall calculate, taking into account the conversion of direct sales quota at paragraph 4–

(a) the amount, if any, by which the quantity of dairy produce sold by direct sales from the holding of each direct seller exceeds the direct sales quota of that direct seller,

(b) the amount, if any, by which the quantity of dairy produce sold by direct sales from the holding of each direct seller located within a purchaser area falls short of, or exceeds, the direct sales quota of direct sellers in that area, and

(c) the aggregate of the amounts referred to in subparagraph (b) of this paragraph.

10.  The Minister shall direct each purchaser to convert into direct sales quota the wholesale quota of any applicant who has both direct sales quota and wholesale quota for conversion under Schedule 7 to the extent of the aggregate referred to in paragraph 9(c) or (so far as it is available) to the extent of the quantity of wholesale quota each applicant has available for conversion in proportion to any excess attributable to the direct sellers under paragraph 9(b) whichever is less.

11.  The Minister shall calculate–

(a) the amount, if any, by which the aggregate referred to in paragraph 9(c) exceeds the aggregate of the amounts converted under paragraph 10,

(b) the amount, if any, by which the amount referred to in paragraph 9(a) exceeds the amount of the direct seller’s quota converted under paragraph 10, and

(c) the aggregate of the amounts referred to under subparagraph (b).

Amount of levy

12.  The Minister shall calculate the rate of levy per litre, if any, to be paid by each direct seller on the amount at paragraph 11(b) by multiplying the amount referred to in paragraph 11(a) by the figure for levy calculated in accordance with Article 1 of Council Regulation 857/84 and dividing the resultant figure by the aggregate referred to in paragraph 11(c).

13.  The Minister shall calculate the amount of levy to be paid by each purchaser by multiplying the amount, if any, referred to in paragraph 8 adjusted to take into account the conversion, if any, of wholesale quota under paragraph 10 by the figure for the levy calculated in accordance with Article 1 of Council Regulation 857/84.

14.  Each purchaser shall pass on the burden to producers of the levy, if any, calculated in accordance with Article 5c (Formula B) of Council Regulation 804/68 taking into account the amounts of unused quota, if any, reallocated to that purchaser under paragraph 2 or paragraph 7 of this regulation and conversion of quota under paragraph 4 and paragraph 10.

15.  For the purposes of this Schedule “purchaser area” means the geographical area from within which a purchaser purchases milk or other milk products or, in respect of any region from which no purchaser purchases milk or other milk products, means that region.