§ Mrs. HealTo ask the Minister of Agriculture, Fisheries and Food whether the milk quota attaches to the land on which the milk is currently produced or to the land on which it was produced during the last five years.
§ Mr. CurryMilk quota is allocated to a producer for use on his or her holding. European Community regulations prescribe that where an entire holding is transferred by sale, lease or inheritance all quota must pass to the transferee. Where part of a holding is transferred678W quota must be apportioned in accordance with areas used for milk production. The term "areas used for milk production" is not defined in EC regulations and in the case of a quota transfer it is for the parties concerned to agree on an apportionment. Where they fail to agree, the Dairy Produce Quotas Regulations 1989 provide for an independent arbitrator to be appointed to decide the matter. An arbitrator is required to base his award on the pattern of milk production in the preceding five years.
§ Mrs. HealTo ask the Minister of Agriculture, Fisheries and Food if he will list the definitions of a holding used by EC countries for the purpose of milk quotas.
§ Mr. CurryThe definition of "holding" prescribed in European Community Regulation 857/84 Article 12(d) is as follows
all the production units operated by the producer and located within the geographical territory of the Community".This regulation is applicable throughout the Community. For the purposes of the regional allocation of wholesale quota a clarification of the term was necessary, so the Dairy Produce Quotas Regulations 1989 qualify the above definition as follows:
holding has the meaning assigned to it by Article 12(d) of Council Regulation 857/84, but in relation to any region, it means the division of the holding in that region".