S.I. No. 299/2015 - European Union (Super Levy Instalment Scheme) Regulations 2015.


Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 17th July, 2015.

I, SIMON COVENEY, Minister for Agriculture, Food and the Marine, in exercise of the powers conferred on me by section 3 of the European Communities Act 1972 (No. 27 of 1972) for the purpose of giving effect to Commission Implementing Regulation (EU) No 2015/517 of 26 March 20151 hereby make the following regulations:

1. These regulations may be cited as the European Union (Super Levy Instalment Scheme) Regulations 2015.

2. (1) In these Regulations—

“Commission Regulation” means Commission Regulation (EC) No 595/2004 of 30 March 20042 as amended by Commission Regulation (EC) No 1468/2006 of 4 October 20063 , Commission Regulation (EC) No 1913/2006 of 20 December 20064 , Commission Regulation (EC) No 228/2008 of 13 March 20085 , Commission Regulation (EC) No 258/2009 of 26 March 20096 , Commission Regulation (EC) No 793/2009 of 31 August 20097 , Commission Implementing Regulation (EU) No 760/2012 of 21 August 20128 , Commission Implementing Regulation (EU) No 1380/2014 of 17 December 20149 and Commission Implementing Regulation (EU) No 2015/517 of 26 March 2015;

“Minister” means the Minister for Agriculture, Food and the Marine.

(2) A word or expression which is used in these Regulations and is also used in the Commission Regulation, has, unless the context otherwise requires, the same meaning in these Regulations, as it has in the Commission Regulation.

3. A person who wishes to avail of the provisions of Article 15(1) of the Commission Regulation in relation to a levy on the production of milk shall agree with his or her milk purchaser and the Minister in a format determined by the Minister and abide by the conditions set out by the agreement.

4. The Minister may-

(a) refuse to accept an agreement, or

(b) seek immediate payment of an amount up to or equivalent to the levy and interest where the person has received benefits funded by the Exchequer in the preceding 3 years unless the person pays the interest on the amount equivalent to the levy in full.

5. A person who ceases to satisfy the conditions as set out by the Minister and agreed under Regulation 3 shall—

(a) immediately notify the Minister, and

(b) unless otherwise agreed with the Minister, pay all amounts due and any interest applicable to such an amount within 15 days of a request by the Minister.

6. A person who receives money due to the Minister under Article 15(1) of the Commission Regulation shall remit such sums within 15 days of receipt of the payment.

7. A person who receives or pays sums in respect of a levy under Article 15(1) of the Commission Regulation shall keep a record of such receipt or payment for at least 3 years following the receipt or payment.

8. A person who holds records relating to payment of a levy under Article 15(1) of the Commission Regulation shall make available such records to the Minister on request.

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GIVEN under my Official Seal,

8 July 2015.

SIMON COVENEY,

Minister for Agriculture, Food and the Marine.

1 OJ L 82, 27.3.2015, p. 73

2 OJ L 94, 31.3.2004, p. 22

3 OJ L 274, 5.10.2006, p. 6

4 OJ L 365, 21.12.2006, p. 52

5 OJ L 70, 14.3.2008, p. 7

6 OJ L 81, 27.3.2009, p. 19

7 OJ L 228, 1.9.2009, p. 7

8 OJ L 226, 22.8.2012, p. 1

9 OJ L 367, 23.12.2014, p. 82