S.I. No. 297/1977 - European Communities (Co-Responsibility Levy on Milk and Milk Products) Regulations, 1977.

S.I. No. 297 of 1977.

EUROPEAN COMMUNITIES (CO-RESPONSIBILITY LEVY ON MILK AND MILK PRODUCTS) REGULATIONS, 1977.

I, JAMES GIBBONS, Minister for Agriculture, in exercise of the powers conferred on me by section 3 of the European Communities Act, 1972 (No. 27 of 1972), and for the purpose of giving full effect to Council Regulation (EEC) No. 1079/77 of 17 May 1977¹ and Commission Regulation (EEC) No. 1822/77 of 5 August 1977,² hereby make the following Regulations:

¹ OJ No. L.131 of 26.5.77 page 6.

² OJ No. L 203 of 9.8.77 page 1.

1. These Regulations may be cited as the European Communities (Co-responsibility Levy on Milk and Milk Products) Regulations, 1977.

2. These Regulations shall come into operation on the 16th day of September, 1977.

3. (1) In these Regulations—

"authorised officer" means an officer of the Minister authorised in writing by the Minister for the purposes of these Regulations;

"Minister" means the Minister for Agriculture;

"the Regulations" means Council Regulation (EEC) No. 1079/77 of 17 May 1977 and Commission Regulation (EEC) No. 1822/77 of 5 August 1977.

(2) A word or expression that is used in these Regulations and is also used in the Regulations shall, unless the contrary intention is expressed, have in these Regulations the meaning that it has in the Regulations.

4. The Minister shall be the competent agency for the purposes of the Regulations.

5. Any co-responsibility levy owing to the Minister under the Regulations and unpaid may be recovered by him from the person who by virtue of the Regulations and these Regulations is liable to pay it to the Minister as a simple contract debt in any court of competent jurisdiction.

6. A milk producer or an undertaking treating or processing milk who contravenes the Regulations or Article 7 of these Regulations shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding £500.

7. Records kept pursuant to Article 3 of Commission Regulation (EEC) No. 1822/77 of 5 August 1977 shall indicate the matters referred to in paragraphs (a) to (d) of that Article.

8. (1) An authorised officer may—

( a ) at all reasonable times enter and inspect any premises in which he has reasonable grounds for believing that any books, documents or records of an undertaking treating or processing milk are kept, and

( b ) inspect and copy or take extracts from any such records, books or documents.

(2) A person who obstructs or interferes with an authorised officer when he is exercising a power conferred by this Regulation shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding £200.

(3) ( a ) A certificate signed by an authorised officer and stating that a specified amount of co-responsibility levy is due and owing to the Minister by a specified person and is unpaid shall be evidence of the facts stated in the certificate.

( b ) A document purporting to be a certificate under this paragraph and to be signed by an authorised officer shall be deemed, for the purposes of this paragraph, to be such a certificate and to be so signed unless the contrary is shown.

(4) An authorised officer shall be furnished with a warrant of his appointment as an authorised officer and, when exercising any power conferred on an authorised officer by this Regulation, shall, if so requested by any person affected, produce the warrant to that person.

9. Where an offence under these Regulations is committed by a body corporate and is proved to have been so committed with the consent or approval of, or to have been facilitated by any neglect on the part of, any person, being a director, member of the committee of management or other controlling authority thereof, or manager, secretary, or other officer thereof, that person shall also be deemed to have committed the offence and shall be liable to be proceeded against and punished accordingly.

10. Nothing in any order made under the Milk (Regulation of Supply and Price) Acts, 1936 to 1967, shall be construed as prohibiting an undertaking treating or processing milk from deducting from any payment that is calculated by reference to the order and is to be made by it to a producer any co-responsibility levy required by the Regulations to be so deducted.

11. An offence under these Regulations may be prosecuted by the Minister.

GIVEN under my Official Seal, this 15th day of September, 1977.

JAMES GIBBONS,

Minister for Agriculture.

EXPLANATORY NOTE.

This Order implements EEC Regulations 1079/77 and 1822/77 and provides for the collection of the co-responsibility levy on milk and milk products.