European Communities (Milk Quota) Regulations, 1994.
Statutory Instruments
Source: Statutory Instruments

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paragraphs: (1) These Regulations may be cited as the European Communities (Milk Quota) Regulations, 1994.
(2) These Regulations shall come into operation on the 1st day of April, 1994.
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paragraphs: (1) In these Regulations—
"authorised officer" means an officer of the Minister appointed in writing by the Minister to be an authorised officer for the purposes of these Regulations;
"Council Regulation No. 3950/92" means Council Regulation (EEC) No. 3950/92 of the 28th day of December, 1992, as amended or extended, from time to time;
"Council Regulation No. 2055/93" means Council Regulation (EEC) No. 2055/93 of the 19th day of July, 1993, as amended or extended from time to time;
"Commission Regulation No. 536/93" means Commission Regulation (EEC) No. 536/93 of the 9th day of March, 1993, as amended or extended from time to time;
1 O.J. No. L405, 31.12.92, p.1.
2 O.J. No. L187, 19.7.93, p.8.
3 O.J. No. L57, 10.3.93, p. 12.
4 O.J. No. L235, 18.9.93, p.18.
"Commission Regulation No. 2562/93" means Commission Regulation (EEC) No. 2562/93 of the 17th day of September, 1993 as amended or extended from time to time;
"the Council and the Commission Regulations" means the aforesaid Regulations;
"delivery quota" means the quantity of milk or other milk products which may be delivered by a producer to a purchaser from his holding in a milk quota year without the producer being liable to pay levy;
"direct sales quota" means the quantity of milk or milk products which may be sold or transferred free for direct consumption by a producer from a holding in a milk quota year without the producer being liable to pay levy;
"existing purchaser" means a purchaser to whom a producer's milk quota (or part thereof) is for the time being attached;
"functions" includes powers and duties;
"levy" means the levy referred to in Council Regulation No. 3950/92;
"milk quota year" means a twelve-month period beginning on 1 April and ending on the following 31 March;
"milk quota" means, except in relation to a purchaser's milk quota, both a delivery and a direct sales quota;
"the Minister" means the Minister for Agriculture, Food and Forestry;
"public authority" means—
( a ) a Minister of the Government,
( b ) the Commissioners of Public Works in Ireland,
( c ) a local authority for the purposes of the Local Government Act, 1941 ,
( d ) a harbour authority within the meaning of the Harbours Act, 1946 ,
( e ) a health board established under the Health Act, 1970 ,
( f ) a vocational education committee within the meaning of the Vocational Education Act, 1930 ,
( g ) a board or other body established by or under statute,
( h ) a company in which all the shares are held by, or on behalf of, or by directors appointed by, a Minister of the Government,
( i ) a company in which all the shares are held by a board, a company, or other body referred to in paragraph (g) or (h) of this definition;
"purchaser's milk quota" means the milk quota of a purchaser established, from time to time, under these Regulations, the Council Regulations and the Commission Regulations;
"registered purchaser" means a purchaser in respect of whom there is an entry in the register;
"the register" has the meaning assigned to it by Regulation 15 of these Regulations and cognate words shall be construed accordingly;
"SLOM II Quota" means a special milk quota referred to in Article 4 (3) of Council Regulation No. 3950/92;
"SLOM III Quota" means a special milk quota referred to in Council Regulation No. 2055/93;
(2) A word or expression that is used in these Regulations and is also used in the Council and the Commission Regulations or in any of them, shall, unless the contrary intention is expressed, have in these Regulations the meaning it has in those Regulations or in any of them.
(3) Any reference in these Regulations to a transfer by sale, lease or inheritance shall include a reference to other transfers having a comparable legal effect for producers.
(4) In these Regulations a reference to a lease does not include a reference to a licence.
(5) A reference to a transfer of a holding or part thereof in Regulations 4, 5, 6, 7 and 8 of these Regulations means a reference to such a transfer under which the right to operate the holding or part thereof is transferred.
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paragraphs: The Minister shall be the competent authority for the purposes of the Council and the Commission Regulations.
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paragraphs: (1) Subject to the provisions of paragraphs (4), (5), (6) and (7) of this Regulation, where any holding or part thereof is transferred by sale, lease or inheritance the milk quota attached to that holding or part thereof shall be transferred by virtue of this Regulation to the producer to whom that transfer is made:
Provided that the requirements of Regulations 5 of these Regulations are complied with.
(2) In this Regulation "land used for milk production" means any area used for the purpose of maintaining a milk production enterprise, including land used as pasture for cows producing milk and replacement heifers and land used for forage production for feeding to a dairy herd.
(3) In the case of a sale, to which paragraph (1) applies, of land, to which a milk quota is attached, the milk quota so acquired shall remain attached to such land for the purposes of this Regulation and Regulations 5, 6, and 7 of these Regulations until the 31st day of March, 2000.
(4) This Regulation shall not apply to either—
( a ) a licence to occupy land, or
( b ) a lease for a period of less than twelve months.
(5) Where a lease of any land to which a milk quota attaches expires that milk quota shall be transferred to the lessor of such land on that expiry.
(6) Notwithstanding paragraph (1) of this Regulation where a producer who holds a SLOM II quota sells or leases all of his holding before the 30th day of June, 1994, then that SLOM quota shall by virtue of this Regulation be added to the national reserve. If part of the holding is sold or leased before the 30th day of June, 1994, then a proportion of that SLOM quota shall be so added to the national reserve and the proportion to be so added shall be in the same proportion the total SLOM II quota as the part sold or leased is to the the total holding.
(7) Notwithstanding paragraph (1) of this Regulation, where a producer who holds a SLOM III quota sells or leases all of his holding before the 1st day of October 1996, then that SLOM III quota shall by virtue of this Regulation be added to the national reserve. If part of the holding is sold or leased before the 1st day of October, 1996, then a proportion of that SLOM quota shall be so added to the national reserve and the proportion to be so added shall be in the same proportion to the total SLOM III quota as the part sold or leased is to the total holding.
(8) Any person who purports to transfer or to acquire a milk quota, other than in accordance with these Regulations, shall be guilty of an offence.
(9) Any person who makes a transfer referred to in paragraph (1) of this Regulation and who purports to retain an entitlement to the milk quota shall be guilty of an offence.
(10) Any person to whom a transfer referred to in paragraph (1) of this Regulation is made and who purports to allow the transferor to retain an entitlement to the milk quota shall be guilty of an offence.
(11) For the purposes of this Regulation, and Regulations 5, 6 and 7 of these Regulations, a milk quota shall be deemed to be attached to the land used for milk production in the last milk quota year, prior to the milk quota year ("the year of transfer") in which a transfer takes place or in which an application is made under Regulation 6 or 7 of these Regulations, in which the amount of milk production was equal to or greater than 90 per cent of the quota in question minus—
( a ) any quota added thereto in the year of transfer or in the year before the year of transfer by means of a reallocation in accordance with Regulation 27 of these Regulations, and
( b ) any quota added thereto in the year of transfer or in the year before the year of transfer by allocation from a national reserve.
(12) In a case where there was no year in which the amount of milk production referred to in paragraph (11) of this Regulation was achieved then for the purposes of this Regulation and Regulations 5, 6 and 7 no quota shall be deemed to be attached to any land except in accordance with a certificate of the Minister given under paragraph (13) of this Regulation.
(13) On an application in writing being made to him for a Certificate under this paragraph the Minister may certify that the quota in question shall be attached to such land as the Minister may think proper having regard to any land used for milk production in any period prior to the milk quota year in which the application is made which the Minister thinks proper to take account of.
(14) Where the amount of milk production referred to in paragraph (11) of this Regulation was achieved entirely or partly on land held by the producer under a lease or licence (or other limited interest) then for the purposes of this Regulation and Regulations 5, 6 and 7 of these Regulations, no quota shall be deemed to be attached to any land except in accordance with a certificate of the Minister given under paragraph (15) of these Regulations.
(15) On an application in writing being made to him for a Certificate under this paragraph the Minister may certify that the quota in question shall be attached to such land as the Minister may think proper having regard to any land used for milk production in any period prior to the milk quota year in which the application is made which the Minister thinks proper to take account of.
(16) Subject to paragraph (5) of this Regulation, the Minister may, under paragraph (15) of this Regulation, certify that milk quota shall be attached to land purchased or inherited at any time before the application for the certificate is made.
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paragraphs: (1) Where there is a transfer by means of a sale, lease or inheritance to which Regulation 4 (1) applies the producer to whom the transfer is made shall, within one month of the date of transfer, give the documents referred to in paragraph (2) of this Regulation—
( a ) in the case of a deliveries quota, to the purchaser to whom the quota is attached, or
( b ) in the case of a direct sales quota, to the Minister.
(2) The documents referred to in paragraph (1) of this Regulation are—