S.I. No. 508/2006 - European Communities (Milk Quota) (Amendment) (No. 3) Regulations 2006

S.I. No. 508 of 2006

EUROPEAN COMMUNITIES (MILK QUOTA) (AMENDMENT) (No. 3) REGULATIONS 2006

I, Mary Coughlan, Minister for Agriculture and Food, 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 further effect to Council Regulation (EC) No. 1788/2003 of the 29 September 2003¹ and Commission Regulation (EC) No. 595/2004 of the 30 March 2004² hereby make the following Regulations-

1.   These Regulations may be cited as the European Communities (Milk Quota (Amendment) (No. 3) Regulations 2006.

2.   The European Communities (Milk Quota) Regulations 2000 ( S.I. No. 94 of 2000 ) are amended by inserting, after Regulation 26, the following-

“MILK QUOTA TRADING SCHEME

26A (1)          The Minister may introduce a Milk Quota Trading Scheme, (referred to in this Regulation as “the scheme”), whereby producers may offer to purchase or sell delivery quota via an exchange-type system.

(2)         The scheme shall comprise of two elements-

(a)      a maximum price priority pool, and

(b)      a market exchange.

(3)         A specified percentage of each quota offered for sale will be sold to the maximum price priority pool, irrespective of whether the remainder of the quota offered for sale is sold on the market exchange.

(4)         In accordance with Article 18(1)(b) of Council Regulation (EC) No 1788/2003, the Minister shall determine the categories of producers who may be given priority to purchase quota from the maximum price priority pool.

(5)         The scheme shall be managed by the Minister but operated at collection area level, subject to the detailed conditions of the scheme.

(6)         A transfer of delivery quota, other than through the scheme, is null and void unless the transfer is -

(a)    between qualified relatives, or

(b)    with land, or

(c)    as a result of a surrendered lease.

(7)         The Minister shall, when inviting applications under the scheme publish a notice in the farming press outlining the main conditions of the scheme.

(8)         An application to sell or purchase quota under the scheme shall be in a form, contain such information and be accompanied by such documents as the Minister may request”.

Explanatory Note

(This note is not part of the instrument and does not purport to be a legal interpretation)

These Regulations provide for a Milk Quota Trading Scheme.

¹ OJ No. L270, 21.10.2003, p.123.

² OJ No. L94, 31.3.2004, p.22.