The Dairy Produce Quotas (Amendment) Regulations 2008

Prospective

Statutory Instruments

2008 No. 439

Food

The Dairy Produce Quotas (Amendment) Regulations 2008

Made

20th February 2008

Laid before Parliament

27th February 2008

Coming into force

1st April 2008

The Secretary of State is a Minister designated(1) for the purposes of section 2(2) of the European Communities Act 1972(2) in relation to the common agricultural policy of the European Community.

These Regulations make provision for a purpose mentioned in that section and it appears to the Secretary of State that it is expedient for—

(a) the references in these Regulations to—

(i) Article 55(1)(a),

(ii) Article 55(2), in so far as it relates to milk and other milk products, and

(iii) the provisions of, or referred to in, Section III of Chapter III of Part II,

of Council Regulation (EC) No 1234/2007 establishing a common organisation of agricultural markets and on specific provisions for certain agricultural products (Single CMO Regulation)(3); and

(b) the references in these Regulations to 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(4),

to be construed as references to those Articles and provisions and to that Commission Regulation as amended from time to time.

The Secretary of State makes these Regulations in exercise of the powers conferred by section 2(2) of, and paragraph 1A of Schedule 2 to, the European Communities Act 1972(5).

Prospective

Title and commencement U.K.

1.  These Regulations—

(a) may be cited as the Dairy Produce Quotas (Amendment) Regulations 2008; and

(b) come into force on 1st April 2008.

Commencement Information

I1 Reg. 1 in force at 1.4.2008, see reg. 1(b)

Amendment of the Dairy Produce Quotas Regulations 2005 U.K.

2.  The Dairy Produce Quotas Regulations 2005(6) are amended in accordance with the Schedule.

Commencement Information

I2 Reg. 2 in force at 1.4.2008, see reg. 1(b)

Consequential amendment U.K.

3.  In regulation 2 of the Dairy Produce Quotas (Amendment) Regulations 2007(7), omit paragraph (2).

Commencement Information

I3 Reg. 3 in force at 1.4.2008, see reg. 1(b)

Jeff Rooker

Minister of State

Department for Environment, Food and Rural Affairs

20th February 2008

Prospective

Regulation 2

SCHEDULE U.K. Amendments to the Dairy Produce Quotas Regulations 2005

1.  For regulation 2(1) substitute— U.K.

“2.— (1) In these Regulations, unless the context otherwise requires—

“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;

“the Community legislation” means the Commission Regulation and—

(a)

Article 55(1)(a),

(b)

Article 55(2), in so far as it relates to milk and other milk products, and

(c)

the provisions of, or referred to in, Section III of Chapter III of Part II,

of the Council Regulation;

“competent authority” has the meaning given by regulation 2(1) of the Herbal Regulations;

“consent or sole interest notice” means a notice, in relation to a holding, which states that—

(a)

the person providing the notice is the occupier of that holding and that no other person has an interest in that holding or part of that holding; or

(b)

every person having an interest in that holding or any part of it, the value of which interest might be reduced by the apportionment or prospective apportionment to which the notice relates, agrees to that apportionment or prospective apportionment;

“converted quota” means quota converted by the Secretary of State following an application made under regulation 21;

“the Council Regulation” means Council Regulation (EC) No. 1234/2007 establishing a common organisation of agricultural markets and on specific provisions for certain agricultural products (Single CMO Regulation);

“cow” includes a heifer that has calved;

“dairy enterprise” means an area stated by the occupier of that area to be run as a self-contained dairy produce business;

“dairy produce” means produce, expressed in kilograms or litres (one kilogram being 0.971 litres), in respect of which levy is payable;

“delivery” has the same meaning as in Article 65(f) of the Council Regulation, and “deliver” shall be construed accordingly;

“direct sale” has the same meaning as in Article 65(g) of the Council Regulation;

“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;

“direct sales quota holder” means a person in whose name direct sales quota is registered pursuant to regulation 4;

“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;

“electronic communication” has the same meaning as in section 15 of the Electronic Communications Act 2000(8);

“the Herbal Regulations” means the Dairy Produce Quotas (General Provisions) Regulations 2002(9);

“holding” has the same meaning as in Article 65(d) of the Council Regulation;

“interest” includes a licence to occupy land and the interest of a mortgagee and a trustee, but does not include the interest of a beneficiary under a trust or settlement;

“levy” means the surplus levy payable to the Secretary of State under the Community legislation and these Regulations;

“milk” has the same meaning as in Article 65(a) of the Council Regulation;

“national reserve” has the same meaning as it has in regulation 4 of the Herbal Regulations;

“occupier”, in relation to land, includes the person entitled to grant occupation of that land to another, and, during the currency of an interest mentioned in regulation 16(1), the person entitled to grant occupation when that interest terminates, and “occupation” shall be construed accordingly;

“producer” has the same meaning as in Article 65(c) of the Council Regulation;

“prospective apportionment”, in relation to quota in respect of a holding, means an apportionment of quota between the persons with an interest in the holding for the purposes of ascertaining the quota referable to a part of that holding in the event of a transfer of that part;

“purchaser” means a purchaser within the meaning of Article 65(e) of the Council Regulation and, other than in regulation 5(1) to (4) and regulation 31(7), approved by the Secretary of State pursuant to regulation 5 and Article 23 of the Commission Regulation;

“purchaser quota” means the quantity of milk which may be delivered to a purchaser during a quota year without any liability for levy arising;

“quota” means direct sales quota or wholesale quota, as the case may be;

“quota holder”, in relation to quota, means the person in whose name the quota is registered;

“quota year” means any of the periods of 12 months referred to in Article 66(1) of the Council Regulation;

“registered wholesale quota” means wholesale quota registered pursuant to regulation 4(3) and (4);

“relevant competent authority” has the same meaning as it has in regulation 3 of the Herbal Regulations;

“relevant person” means a producer, a purchaser, any employee or agent of a producer or of a purchaser, any milk haulier, any person undertaking butterfat testing for purchasers in a laboratory, a processor of milk or milk products, or any other person involved in the buying, selling or supply of milk or milk products obtained directly from a producer or purchaser, but does not include a consumer of milk or milk products;

“Scottish Islands area” means either—

(a)

the islands of Orkney except for the island of Stronsay; or

(b)

the islands of Jura, Gigha, Arran, Bute, Great Cumbrae and Little Cumbrae, the Kintyre peninsula south of Tarbert and the areas of land within the Argyll and Bute District comprising those parts of the parishes of Dunoon and Kilmun and Inverchaolain shown bounded by a red line on a map marked “Map referred to in sub-paragraph (b) of the definition of Scottish Islands area in regulation 2(1) of the Dairy Produce Quotas Regulations 2005”, dated 31st January 2005, signed on behalf of the Secretary of State and deposited at the offices of the Department for Environment, Food and Rural Affairs at Nobel House, 17 Smith Square, London SW1P 3JR;

“the Secretary of State” means the Secretary of State for Environment, Food and Rural Affairs;

“transferee” means—

(a)

where quota is transferred with a holding or part of a holding, a person who replaces another as occupier of that holding or part of a holding; and

(b)

in any other case, the person to whom quota is transferred;

“transferor” means—

(a)

where quota is transferred with a holding or part of a holding, a person who is replaced by another occupier of that holding or part of a holding; and

(b)

in any other case, the person from whom quota is transferred;

“unused quota” means quota remaining unused after any direct sales or deliveries have been taken into account, following such adjustment (if any) as is required by Article 10(1) of the Commission Regulation (which concerns the fat content of milk), and “used quota” shall be construed accordingly;

“wholesale producer” means a producer who delivers milk to a purchaser;

“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;

“wholesale quota holder” means a person in whose name wholesale quota is registered pursuant to regulation 4; and

“working day” means any day other than a Saturday, a Sunday, Christmas Day, Good Friday or a day which is a bank holiday under the Banking and Financial Dealings Act 1971(10).

(1A) References in these Regulations to—

(a) Article 55(1)(a),

(b) Article 55(2), in so far as it relates to milk and other milk products, and

(c) the provisions of, or referred to in, Section III of Chapter III of Part II,

of the Council Regulation, and to the Commission Regulation, are references to those Articles and provisions and to the Commission Regulation as amended from time to time.”.

Commencement Information

I4 Sch. para. 1 in force at 1.4.2008, see reg. 1(b)

2.  In regulation 4(9), for “Article 15 of the Council Regulation” substitute “Article 72 of the Council Regulation”. U.K.

Commencement Information

I5 Sch. para. 2 in force at 1.4.2008, see reg. 1(b)

3.  In regulation 9(1), for “Article 17 of the Council Regulation” substitute “Article 74 of the Council Regulation”. U.K.

Commencement Information

I6 Sch. para. 3 in force at 1.4.2008, see reg. 1(b)

4.  In regulation 13(2), for “Article 18 of the Council Regulation” substitute “Article 75 of the Council Regulation”. U.K.

Commencement Information

I7 Sch. para. 4 in force at 1.4.2008, see reg. 1(b)

5.  In regulation 15(1), for “Article 16 of the Council Regulation” substitute “Article 73 of the Council Regulation”. U.K.

Commencement Information

I8 Sch. para. 5 in force at 1.4.2008, see reg. 1(b)

6.  In regulation 19(2), for “Article 10(3) of the Council Regulation” substitute “Article 80(3) of the Council Regulation”. U.K.

Commencement Information

I9 Sch. para. 6 in force at 1.4.2008, see reg. 1(b)

7.  In regulation 21— U.K.

(a) in paragraphs (1)(a) and (2)(b), for “Article 6(2) and (5) of the Council Regulation”, substitute “Article 67(2) and (5) of the Council Regulation”; and

(b) in paragraph (1)(b), for “Article 11(2) of the Council Regulation” substitute “Article 81(2) of the Council Regulation”.

Commencement Information

I10 Sch. para. 7 in force at 1.4.2008, see reg. 1(b)

8.  In regulation 22(1), for “Article 17 of the Council Regulation” substitute “Article 74 of the Council Regulation”. U.K.

Commencement Information

I11 Sch. para. 8 in force at 1.4.2008, see reg. 1(b)

9.  In regulation 23(2), for “Article 11(2) of the Council Regulation” substitute “Article 81(2) of the Council Regulation”. U.K.

Commencement Information

I12 Sch. para. 9 in force at 1.4.2008, see reg. 1(b)

10.  In regulation 25(7), for “Article 10(2) of the Council Regulation” substitute “Article 80(2) of the Council Regulation”. U.K.

Commencement Information

I13 Sch. para. 10 in force at 1.4.2008, see reg. 1(b)

11.  In regulation 27(1), for “Article 10(3) of the Council Regulation” substitute “Article 80(3) of the Council Regulation”. U.K.

Commencement Information

I14 Sch. para. 11 in force at 1.4.2008, see reg. 1(b)

12.  In regulation 28— U.K.

(a) in paragraph (1), for “Article 10(3) of the Council Regulation” substitute “Article 80(3) of the Council Regulation”; and

(b) in paragraph (2)(b), for “Article 2 of the Council Regulation” substitute “Article 78(1) of the Council Regulation”.

Commencement Information

I15 Sch. para. 12 in force at 1.4.2008, see reg. 1(b)

13.  In regulation 30— U.K.

(a) in paragraph (1), for “Article 12 of the Council Regulation” substitute “Article 83 of the Council Regulation”; and

(b) in paragraph (11)(b), for “Article 2 of the Council Regulation” substitute “Article 78(1) of the Council Regulation”.

Commencement Information

I16 Sch. para. 13 in force at 1.4.2008, see reg. 1(b)

14.  In regulation 31— U.K.

(a) in paragraph (2)—

(i) for “Article 11(1) of the Council Regulation” substitute “Article 81(1) of the Council Regulation”, and

(ii) for “Article 12(4) of the Council Regulation” substitute “Article 83(4) of the Council Regulation”; and

(b) in paragraph (3), for “Article 11(3) of the Council Regulation” substitute “Article 81(3) of the Council Regulation”.

Commencement Information

I17 Sch. para. 14 in force at 1.4.2008, see reg. 1(b)

15.  In regulation 33(2), for “the total national reference quantity” to the end, substitute “the total national quota for the United Kingdom referred to in Article 66(3) and Annex IX of the Council Regulation.”. U.K.

Commencement Information

I18 Sch. para. 15 in force at 1.4.2008, see reg. 1(b)

16.  In regulation 38, in paragraphs (1) and (3), for “Article 15 of the Council Regulation”, substitute “Article 72 of the Council Regulation”. U.K.

Commencement Information

I19 Sch. para. 16 in force at 1.4.2008, see reg. 1(b)

17.  In regulation 39, in paragraphs (1) and (3), for “Article 15(1) of the Council Regulation” substitute “Article 72(1) of the Council Regulation”. U.K.

Commencement Information

I20 Sch. para. 17 in force at 1.4.2008, see reg. 1(b)

Prospective

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations, which come into force on 1st April 2008, amend the Dairy Produce Quotas Regulations 2005, S.I. 2005/465 (“the 2005 Regulations”).

The 2005 Regulations implement Council Regulation (EC) No 1788/2003 establishing a levy in the milk and milk products sector (OJ No L270, 21.10.2003, 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 (OJ No L94, 31.3.2004, p 22).

Council Regulation (EC) No 1788/2003 is repealed on 1st April 2008 and replaced by Articles 55(1)(a) and 55(2), in so far as it relates to milk and other milk products, and Section III of Chapter III of Part II (Articles 65 to 84) of Council Regulation (EC) No. 1234/2007 establishing a common organisation of agricultural markets and on specific provisions for certain agricultural products (Single CMO Regulation) (OJ No L299, 16.11.2007, p 1).

These Regulations replace the references in the 2005 Regulations to the provisions of the Council Regulation (EC) No 1788/2003 with the corresponding references to the provisions of Council Regulation (EC) No. 1234/2007. These Regulations also re-enact the definitions in regulation 2(1) of the 2005 Regulations and add a new regulation 2(1A) which provides that the references to certain provisions of Council Regulation (EC) No. 1234/2007 and references to Commission Regulation (EC) No 595/2004 are references to those provisions and to that Commission Regulation as amended from time to time.

An impact assessment has not been produced for this instrument as no impact on the private or voluntary sectors is foreseen.

(1)

S.I. 1972/1811.

(2)

1972 c.68.

(3)

OJ No L 299, 16.11.2007, p 1.

(4)

OJ No L 94, 31.3.2004 p 22, as last amended by Commission Regulation (EC) 1913/2006 ( OJ No L365, 21.12.2006, p 52). Although Council Regulation (EC) No 1788/2003 (OJ No L 270, 21.10.2003, p 123) is repealed on 1st April 2008 by virtue of Article 201(1)(b) of Council Regulation (EC) No 1234/2007 (“the 2007 Regulation”), the reference to Council Regulation (EC) No 1788/2003 is to be read as a reference to the 2007 Regulation by virtue of Article 202 of the 2007 Regulation.

(5)

Paragraph 1A of Schedule 2 was inserted by section 28 of the Legislative and Regulatory Reform Act 2006 (c.51).

(6)

S.I. 2005/465, amended by S.I. 2006/120, S.I. 2006/2805 and S.I. 2007/106.

(7)

S.I. 2007/106.

(8)

2000 c.7.

(9)

S.I. 2002/458, as amended by S.I. 2005/466, S.I. 2007/477 and S.I. 2008/438.

(10)

1971 c. 80.