S.I. No. 51/1987 - European Communities (Milk Levy) (Amendment) Regulations, 1987.


S.I. No. 51 of 1987.

EUROPEAN COMMUNITIES (MILK LEVY) (AMENDMENT) REGULATIONS, 1987.

I, Austin Deasy, 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 effect to Council Regulation (EEC) No. 857/84 of the 31st day of March, 1984,(1) and Commission Regulation (EEC) No. 1371/84 of the 16th day of May, 1984,(2) hereby make the following Regulations:

1. (1) These Regulations may be cited as the European Communities (Milk Levy) (Amendment) Regulations, 1987.

(2) These Regulations shall come into operation on the 2nd day of March, 1987.

2. A word or expression which is used in these Regulations and is also used in Council Regulation (EEC) No. 857/84 of the 31st day of March, 1984(1), or in Commission Regulation (EEC) No. 1371/84 of the 16th day of May, 1984(2), shall, unless the contrary intention is expressed, have in these Regulations the meaning that it has in those Regulations.

3. The European Communities (Milk Levy) Regulations, 1985 ( S.I. No. 416 of 1985 ), are hereby amended by—

(a) the substitution for paragraphs (4) and (5) of Regulation 4 of the following paragraphs:

"(4) Subject to paragraph 5 of this Regulation, the transfer of a reference quantity of a producer who transfers his deliveries of milk, in whole or in part, from his existing purchaser to a new purchaser shall have effect, as the case may be, only on the 1st day of January, the 1st day of April, the 1st day of July, or the 1st day of October in any year; provided that the producer has, not later than one month prior to the date he intends to effect the transfer, notified in writing the existing purchaser and the new purchaser of his intention of transferring such reference quantity to the new purchaser.

(1)OJ No. L90 of 1.4.1984, p. 13.

(2) OJ No. L132 of 18.5.1984, p. 11.

(5) Notwithstanding the provisions of paragraph (4) of this Regulation, a producer may, subject to the prior approval of the Minister, transfer his reference quantity from an existing purchaser to a new purchaser from a date other than a date referred to in the said paragraph (4).", and

(b) the insertion in Regulation 12 after paragraph (1) of the following paragraph:

"(1A) Notwithstanding the provisions of paragraph (1) of this Regulation, if the owner of land to which a reference quantity attaches transfers not more than twenty-five per cent of his land, the entire of that reference quantity may, with the consent of the transferee, be retained by such owner provided that—

(a) such owner is engaged in the production of milk on the residue untransferred of his land, and

(b) the retention of such reference quantity is necessary to maintain the viability of such production of milk.".

GIVEN under my Official Seal, this 2nd day of March, 1987.

AUSTIN DEASY,

Minister for Agriculture.

EXPLANATORY NOTE.

The effect of this Order is to modify the arrangements in relation to the transfer of suppliers' quotas between purchasers and also to amend the arrangements regarding the transfer of quotas where transactions involving parts of holdings take place.