European Communities (Milk Quota) Regulations, 1995.
Statutory Instruments
Source: Statutory Instruments

num: 1
paragraphs: Short Title and Commencement.
num: 2
paragraphs: Interpretation.
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paragraphs: Competent Authority.
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paragraphs: Transfers of Land and Milk Quota.
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paragraphs: Restricted Quota in Less Favoured Areas.
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paragraphs: Recording of Milk Quota Transfers.
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paragraphs: Relocation of Milk Quota upon transfer of Lands to a Public Authority or for use in the public interest or for Non-agricultural purposes.
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paragraphs: Relocation of Milk Quota upon Consolidation of a Holding.
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paragraphs: Milk Quota Established on Lands held by Lease, Licence or other Limited Interest.
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paragraphs: Calculation of Levy.
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paragraphs: National Reserve.
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paragraphs: Transfer of Milk Quota between Purchasers.
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paragraphs: Collection of Levy.
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paragraphs: Milk Purchaser's Annual Declaration.
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paragraphs: Allocation of Unused Quantities.
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paragraphs: Temporary Leasing.
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paragraphs: Register of Milk Purchasers.
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paragraphs: Sole Purchaser.
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paragraphs: Group of Purchasers.
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paragraphs: Joint Purchaser.
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paragraphs: Notification of Registration.
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paragraphs: Removal or Alteration of Registration.
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paragraphs: Access to Register.
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paragraphs: Milk Deliveries to a Purchaser.
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paragraphs: Maintenance of Records — Milk Purchasers.
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paragraphs: Maintenance of Records — Direct Sales Producers.
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paragraphs: Recording of Milk Deliveries.
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paragraphs: Recording of Milk Intake.
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paragraphs: Deduction of Levy by Milk Purchasers.
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paragraphs: Recovery of Levy.
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paragraphs: Fat Content of Milk Deliveries.
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paragraphs: Dormant Milk Quotas.
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paragraphs: Definitive Discontinuation of Milk Production.
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paragraphs: Permanent Transfers of Direct Sales and Delivery Quotas.
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paragraphs: Restructuring of Milk Quotas.
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paragraphs: Appointment of Authorised Officers.
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paragraphs: Authorised Officers.
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paragraphs: Functions performed by Authorised Officers.
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paragraphs: Certification of Outstanding Levy.
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paragraphs: Submission of False Information — Direct Sellers.
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paragraphs: Submission of Information.
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paragraphs: Obligations, Liabilities and Penalties for Purchasers.
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paragraphs: Offences by Corporate Bodies.
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paragraphs: Offences.
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paragraphs: Transitional Measures.
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paragraphs: Revocation of the European Communities (Milk Quota) Regulations, 1994.
S.I. No. 266 of 1995.
EUROPEAN COMMUNITIES (MILK QUOTA) REGULATIONS, 1995.
I, IVAN YATES, Minister for Agriculture, Food and Forestry, 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. 3950/921, of the 28th day of December, 1992, Council Regulation (EEC) No. 2055/932 of the 19th day of July 1993, Commission Regulation (EEC) No. 536/93 of the 9th day of March, 19933 and Commission Regulation (EEC) No. 2562/934 of the 17th day of September, 1993 hereby make the following Regulations:
1 Short Title and Commencement.
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paragraphs: (1) These Regulations may be cited as the European Communities (Milk Quota) Regulations, 1995.
(2) These Regulations shall come into operation on the 4th day of October, 1995.
2 Interpretation.
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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;
"company" means a company within the meaning of the Companies Acts, 1963 to 1990 and "companies" shall be construed accordingly;
"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;
1O.J. No. L 405 31.12.92, p. 1.
2O.J. No. L187 19.7.93, p. 8.
3O.J. No. L57 10.3.93, p.12.
4O.J. No. L235 18.9.93, p.18.
"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;
"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 said 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 accordance with these Regulations] 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 accordance with these Regulations] 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;
"holding company" has the meaning that it has in section 155 of the Companies Acts, 1963;
"Industrial and Provident Society" means a Society registered under the Industrial and Provident Societies Acts, 1893 to 1978;
"individual purchaser" means a member of a registered group of purchasers or a registered joint purchaser;
"individual purchaser" means a member of a registered group of purchasers or a registered joint purchaser;
"joint purchaser" means two or more bodies which are purchasers and are
( a ) wholly owned subsidiaries of the same holding company, or
( b ) a holding company and one or more wholly owned subsidiary or subsidiaries of that holding company, or
( c ) an industrial and provident society and one or more companies wholly owned by that society, or
( d ) two or more companies wholly owned by an industrial and provident society;
"less favoured areas" means those areas described in the Annex to Council Directive 85/350/EEC of 27 June 1985 and in Annexes I and II of Council Directive 91/466/EEC of 22 July 1991, as amended or extended from time to time;
"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 group of purchasers" means two or more purchasers registered as a group under Regulation 17 of these Regulations;
"registered joint purchaser" means two or more bodies registered as a joint purchaser under Regulation 17 of these Regulations;
"registered sole purchaser" means a purchaser registered as a sole purchaser under Regulation 17 of these Regulations;
"restricted quota" means a milk quota attached to lands situated in the less favoured areas;
"the register" has the meaning assigned to it by Regulation 17 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;
"sole purchaser" means a purchaser who does not form part of a registered group of purchasers or a registered joint purchaser;
"subsidiary company" has the meaning that it has in Section 155 of the Companies Act, 1963 ,
(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, 8 and 9 of these Regulations means a reference to such a transfer under which the right to operate the holding or part thereof is transferred.
(6) A reference to a registered purchaser in these Regulations means a reference to a registered sole purchaser, a registered group of purchasers or a registered joint purchaser unless the contrary intention is expressed.
(7) A reference to a purchaser in Regulation 6, 12, 24 (2), 24 (3), 25, 27, 28, 29, 31, 32, 33 or 35 of these Regulations means a reference to a sole purchaser or an individual purchaser.
(8) A reference to a purchaser in Regulation 10, 13, 14, 30 or 39 of these Regulations means a reference to a sole purchaser, a registered group of purchasers or a registered joint purchaser.
(9) For the purposes of the definition of "joint purchaser" in paragraph (1) of this Regulation a company which is a wholly owned subsidiary of a holding company (the first holding company) within the meaning of section 155 of the Companies Act, 1963 , shall also be deemed to be a wholly owned subsidiary of any other holding company (the second holding company) of which the first holding company is a wholly owned subsidiary and of any other holding company (the third holding company) of which the second holding company is a wholly owned subsidiary and of any other holding company (the fourth holding company) of which the third holding company is a wholly owned subsidiary and of any further holding company of which the fourth holding company is a wholly owned subsidiary and so on. Any such holding company shall, for the purposes of that definition, be deemed to be the holding company of any such wholly owned subsidiary. Furthermore, for the purposes of that definition, a company shall be deemed to be wholly owned by an industrial and provident society if, for those purposes, it is or is deemed to be a wholly owned subsidiary of a holding company where that holding company is owned by that society.
3 Competent Authority.
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paragraphs: The Minister shall be the competent authority for the purposes of the Council and the Commission Regulations.
4 Transfers of Land and Milk Quota.
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paragraphs: (1) Subject to the provisions of paragraphs (4), (5), (6), (7), (8), (9) AND (19) 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 Regulation 6 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) For the purposes of this Regulation and Regulations 5, 6, 7 and 8 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 7 or 8 of these Regulations, in which the amount of milk production of the transferor 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 35 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.
(4) Notwithstanding paragraph (3) of this Regulation, in the case of a sale 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, 7 and 8 of these Regulations until the 31st day of March, 2000 where that sale takes place after the 31st day of March, 1994.
(5) Paragraph (3) of this Regulation shall not apply to cases to which paragraph (6) of this Regulation applies.
(6) 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.
(7) ( a ) Subject to Regulation 9 of these Regulations, 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.
( b ) Where a lease of any land to which a milk quota attaches expires on a date other than the last day of the milk quota year, the amount of the milk quota to be transferred to the lessor of such land on that expiry for the remainder of the milk quota year in question shall be an amount of milk quota calculated in accordance with procedures to be determined by the Minister.
( c ) The procedures for a determination under subparagraph (b) of this paragraph shall be set out in a notice to be published in a National newspaper as soon as may be after they are established.
(8) Notwithstanding paragraph (1) of this Regulation, where a producer who holds a SLOM II quota sold or leased all of his holding before the 30th day of June, 1994, then that SLOM II quota shall by virtue of this Regulation be added to the national reserve. If part of the holding was sold or leased before the 30th day of June, 1994, then, a proportion of that SLOM II 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 II quota as the part of the holding sold or leased is to the total holding.
(9) 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 III 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 of the holding sold or leased is to the total holding.
(10) A person who purports to transfer or to acquire a milk quota, other than in accordance with these Regulations, shall be guilty of an offence.
(11) A 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.
(12) A 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.
(13) In a case where there was no year in which the amount of milk production referred to in paragraph (3) of this Regulation was achieved then for the purposes of this Regulation and Regulations 5, 6, 7 and 8 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 (14) of this Regulation.
(14) 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.
(15) Where the amount of milk production referred to in paragraph (3) 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, 7 and 8 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 (16) of this Regulation.
(16) 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.
(17) Subject to paragraph (7) of this Regulation, the Minister may, under paragraph (16) of this Regulation, certify that milk quota shall be attached to land purchased or inherited at any time before the application for that certificate is made.
(18) When the amount of milk production referred to in paragraph (3) of this Regulation relates to milk quota established 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 Regulation 9 of these Regulations, quota shall be deemed to be attached to that land where a declaration has not been given by the Minister under paragraph (1) of Regulation 9 of these Regulations.
(19) The Minister may make a determination of the cases of transfers referred to in paragraph 1 of Article 7.1 of Council Regulation No. 3950/92 where any part of the milk quota is not transferred with the holding and is added to the national reserve.
(20) A determination under paragraph (19) of this Regulation shall be made by way of a notice containing such determination published in a National newspaper.
5 Restricted Quota in Less Favoured Areas.
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paragraphs: (1) In the case of the transfer in accordance with Regulation 4 (1) of these Regulations, by way of sale, lease or inheritance, of any holding or part thereof situated in the less-favoured areas, the only milk which may be recorded against the milk quota attached to that holding or part thereof which is transferred shall be milk produced from a dairy herd permanently maintained on the transferred land, or on other lands operated by the transferee or on both such lands which are situated so that the distance between—
( a ) any part of the boundary of the transferred lands, where the transferred lands comprise of contiguous lands, or any part of the boundary of the largest part of the transferred lands where the transferred lands do not consist of contiguous lands, and
( b ) any part of the boundary of such other lands where those lands comprise of contiguous lands, or any part of the boundary of the largest part of such other lands on which the where those lands do not consist of contiguous lands,
does not exceed 48 kilometres.
(2) A person to whom a transfer referred to in paragraph (1) of this Regulation is made and who knowingly delivers or offers for delivery to a purchaser with the intention that the milk be recorded against his restricted quota, milk which has been obtained from cows other than those in a dairy herd referred to in paragraph (1) of this Regulation, shall be guilty of an offence.
(3) Paragraph (1) of this Regulation shall not apply to any transfer of land by way of a renewal of a lease of any land where that lease had not expired at the time of the commencement of these Regulations:
Provided that the person entitled to the lessee's interest at the expiry of the lease being renewed is either
( a ) the original lessee, or,
( b ) a person who has become entitled to the lessee's interest by way of inheritance;
and that person becomes entitled to that interest on that renewal.
6 Recording of Milk Quota Transfers.
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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 two months of the date of transfer, give the documents referred to in paragraph (2) of this Regulation—
( a ) in the case of a delivery quota, to the purchaser to whom the quota is attached, or
( b ) in the case of a direct sales quota, to the Minister.
(2) For the purposes of paragraph (1) of this Regulation the documents are—