S.I. No. 37/1990:

EUROPEAN COMMUNITIES (CO-RESPONSIBILITY LEVY ON MILK AND MILK PRODUCTS) (AMENDMENT) REGULATIONS, 1990.

EUROPEAN COMMUNITIES (CO-RESPONSIBILITY LEVY ON MILK AND MILK PRODUCTS) (AMENDMENT) REGULATIONS, 1990.

I, MICHAEL O'KENNEDY, 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) (as adapted by the Agriculture (Alteration of Name of Department and Title of Minister) Order, 1987 ( S.I. No. 97 of 1987 )), and for the purpose of giving further effect to Council Regulation (EEC) No. 1079/77 of 17 May 1977⁽¹⁾ and Commission Regulation (EEC) No. 1822/77 of 5 August 1977⁽²⁾, hereby make the following Regulations:

¹ OJ No. L131 of 26 May 1977, p.6.

² OJ No. L203 of 9 August 1977, p.1.

1. These Regulations may be cited as the European Communities (Co-responsibility Levy on Milk and Milk Products) (Amendment) Regulations, 1990.

2. These Regulations shall come into force on the 1st day of March 1990.

3. The European Communities (Co-responsibility Levy on Milk and Milk Products) Regulations, 1977 ( S.I. No. 297 of 1977 ) are hereby amended--

( a ) by the substitution of the following paragraph for paragraph (2) of Regulation 3:

"(2) A word or expression that is used in these Regulations and is also used in the Regulations (as defined in paragraph (1) of this Regulation) has--

( a ) other than the word 'month' in both places where it occurs in Regulation 4B of these Regulations, or

( b ) unless the contrary intention otherwise appears, the same meaning in these Regulations as it has in the Regulations.",

( b ) by the insertion of the following Regulations after Regulation 4:

"4A. For the purposes of Article 3 of Commission Regulation (EEC) No. 1822/77 of 5 August 1977, the required period in respect of which stock records are to be indicated shall be each month.

4B. Where in respect of any monthly period the full amont of the co-responsibility levy due from the purchaser of milk has not been paid to the Minister in accordance with paragraph 3 of Article 3 of Commission Regulation (EEC) No. 1822/77 of 5 August 1977 (that is to say, not later than 45 days following the end of the period in question), then the amount of the levy due and unpaid shall carry interest at the rate of 1.25 per cent for each month, or part of a month, commencing from the final date by which the full amount should have been paid.",

( c ) by the substitution of the following Regulation for Regulation 5:

"5. Any co-responsibility levy owing to the Minister under the Regulations, or any interest thereon by virtue of Regulation 4B of these Regulations, and unpaid may be recovered by him, from the person who by virtue of the Regulations and these Regulations is liable to pay it to the Minister, as a simple contract debt in any court of competent jurisdiction.",

( d ) by the substitution of the following Regulation for Regulation 6:

"6. A milk producer or an undertaking treating or processing milk which contravenes the Regulations or Regulation 7 of these Regulations shall be guilty of an offence and shall be liable on summary conviction to a fine, not exceeding £1,000.",

and

( e ) by the substitution of the following paragraph for paragraph (2) of Regulation 8:

"(2) A person who obstructs or interferes with an authorised officer when he is exercising a power conferred by this Regulation shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding £500.".

GIVEN under my Official Seal this 20th day of February 1990.

MICHAEL O'KENNEDY,

Minister for Agriculture and Food.

EXPLANATORY NOTE.

This Order amends the European Communities (Co-responsibility Levy on Milk and Milk Products) Regulations, 1977 ( S.I. No. 297 of 1977 ) and provides for the collection of interest charges and the raising of fines.