
1 
These Regulations may be cited as the Dairy Produce Quotas (Scotland) Amendment Regulations 2007 and shall come into force on 31st March 2007.
2 
The Dairy Produce Quotas (Scotland) Regulations 2005 are amended in accordance with regulations 3 to 10.
3 
In regulation 2(1) (interpretation) –
(a) in the definition of “the Commission Regulation”, after “sector” insert “, as last amended by Commission Regulation (EC) No. 1913/2006”;
(b) omit the definition of “Commission Regulation 1756/93”;
(c) in the definition of “the Community legislation”, for “, the Commission Regulation, and Commission Regulation 1756/93” substitute “and the Commission Regulation”; and
(d) in the definition of “the Council Regulation”, for “as amended by Council Regulation (EC) No. 2217/2004” substitute “as last amended by Council Regulation (EC) No. 1406/2006”.
4 
In regulation 7(a) (inspection of entries in the Scottish Ministers' registers), omit sub paragraph (iii).
5 
In regulation 9 (transfer of quota with transfer of land: general), for paragraph (3) substitute–“
(3) The notice of transfer must reach the Scottish Ministers no later than 31st March in the quota year in which the transfer takes place.”.
6 
In regulation 31(5) (payment and recovery of levy), for “1st September” substitute “30th September”.
7 
In regulation 36 (administrative penalties)–
(a) in paragraph (1), for “(2) to (3)” substitute “(2A) and (3)”;
(b) omit paragraph (2);
(c) in paragraph (5), for “paragraphs (2) to (4)” substitute “paragraphs (2A), (3), (4) and (6A)”;
(d) for paragraph (6), substitute–“
(6) Subject to Article 8(5) of the Commission Regulation, if a purchaser fails to submit a summary required to be submitted under Article 8(2) of the Commission Regulation, by the end of the period specified in Article 8(4), that purchaser shall be liable to pay to the Scottish Ministers a penalty equivalent to the theoretical amount of levy that would be due on 0.01% of the quantity by volume of milk covered by that declaration, for each day of the period of the delay in the submission reaching the Scottish Ministers.”;
(e) after paragraph 6, insert–“
(6A) Subject to paragraphs (5) and (7), where a purchaser fails to provide or submit to the Scottish Ministers–
(a) an application, statement or declaration concerning the adjustment of purchaser quota in accordance with regulation 23(2) to (4);
(b) information in accordance with regulation 33(2) to (4); or
(c) confirmation or amendments relating to a revised version of a summary in accordance with regulation 35(2),
the purchaser shall be liable to pay to the Scottish Ministers a penalty equivalent to the theoretical amount of levy that would be due on 0.01% of the quantity by volume of milk covered by that application, statement, declaration or revised version, or that information, for each day of the period of delay in the submission reaching the Scottish Ministers.”; and
(f) in paragraph (7), for “(6)” substitute “(6A)”.
8 
In regulation 38 (confiscation of quota), omit paragraph (2).
9 
In regulation 39(2)(a)(ii) (restoration of quota), for “by virtue of regulation 38(2)” substitute “under Article 11(4) of the Commission Regulation”.
10 
In paragraph 2(1) of Schedule 2 (Keeping and retention of records: records to be kept by producers), at the beginning of both sub-paragraph (h) and (i), insert “if the direct seller holds 4,855 or more litres of direct sales quota,”.
ROSS FINNIE
A member of the Scottish Executive
St Andrew’s House,
Edinburgh
27th February 2007