§ Mr. FabricantTo ask the Minister of Agriculture, Fisheries and Food whether the United Kingdom Government require a tenant farmer to obtain the consent of the landlord in order to dispose of the milk quota allocated to him.
§ Mr. JackThe EC regulations establish a link between quota and land. Landlords therefore have a clear interest in any quota apportionment—and its potential disposal—and are required to give their consent. A refusal to give this consent will necessitate the appointment of an arbitrator to decide the apportionment for the parties concerned.
§ Mr. FabricantTo ask the Minister of Agriculture, Fisheries and Food what account she has taken of the Advocate General's view expressed during the Herbert Wachauf case on milk quota 5/88 (1989) concerning the effect of article 40(3) of the EC treaty on the requirement for a tenant farmer to obtain the consent of his landlord, if the imposition of that requirement having regard to the particular situation of the tenant farmer, would result in discrimination between producers.
§ Mr. JackWe have taken note of the judgment of the European Court in case 5/88-Herbert Wachauf. In our 127W opinion this case does not give rise to any suggestion of discrimination in our implementation of the EC milk quotas regulations.