Regulation No. 17 of the Ministry of Agriculture regarding validation of the list of data to be submitted on fulfilling of the production quota for raw milk assigned for agricultural producer, procedure for submitting and using the data

List of data to be submitted on fulfilling of the production quota for raw milk assigned for agricultural producer, procedure for submitting and using the data 1 Minister of Agriculture regulation No. 17 of 12 February 2003 The regulation shall be laid down on the basis of subsection 4 of § 1091 of the Rural Development and Agricultural Market Regulation Act (RT I 2000, 82, 526; 2001, 42, 235; 88, 531; 2002, 16, 93; 56, 352; 96, 566). § 1. Scope of application (1) The regulation shall lay down the list of data on fulfilling the production quota for raw milk assigned to agricultural producers necessary for carrying out national control (hereinafter control) to be submitted to the Agricultural Registers and Information Board (hereinafter the Board), procedures for submitting and using the data. (2) The data on fulfilling the agricultural producer’s direct marketing quota shall be submitted to the board by the agricultural producer that has received the direct marketing quota and on the fulfilling of the delivery reference quota the processor of raw milk (hereinafter the milk processor) who directly or through retailer buys the raw milk marketed by the agricultural producer. § 2. Submitting data on fulfilling of agricultural producer’s direct marketing quota (1) The agricultural producer that has received direct marketing quota shall have to submit the Board the amounts of directly marketed raw milk and milk products by products in kilograms on each ended quarter of the quota year during 10 days since its last day and on the ended quota year during 30 days since the its last day, using coefficient of 1,03 on the calculation of liters of raw milk into kilograms. This data shall be submitted to the Board according to the format brought in annex 1. (2) If the agricultural producer has not directly marketed raw milk or dairy products during the period mentioned in subsection 1 he shall have to submit data according to the format mentioned in subsection 1. (3) The agricultural producer that has received direct marketing quota shall be obliged to keep day-to day by products account on the raw milk marketed directly to the final consumer and the amounts of dairy products. The agricultural producer shall also be obliged to keep by products account on the stocks of dairy products, raw milk and dairy products consumption on the spot and feeding to the animals. (4) The agricultural producer that has received direct marketing quota must preserve all the data mentioned in subsection 3 and the documents that are basis for the data during three years since the end of the year of their compilation. § 3. Submitting data on fulfilling agricultural producer’s delivery reference quota (1) The milk processor must submit the Board the following standard format data brought in annex 2 on agricultural producers that market raw milk to him directly or through retailer on each calendar month during 10 days since the last day of the month and on the ended quota year during 30 days since the last day of the quota year: 1) in total the amount of bought raw milk and separately for each agricultural producer in kilograms by using the coefficient 1,03 for recalculation of liters into kilograms; 2) weighed average fat content of the bought raw milk for all of the processed raw milk and for raw milk bought from each agricultural producer. (2) The milk processor shall be obliged to keep separate account and preserve documents: 1) on raw milk that was bought from other milk processors; 2) on raw milk that the milk processor has enabled other milk processor to process with his equipment on the basis of a contract concluded between them; 3) on raw milk that originates from outside the Republic of Estonia. (3) The milk processor has to preserve all his documents on agricultural producers that market him raw milk, amounts of bought raw milk and accounts mentioned in subsections 1 and 2 during three years since the year of compilation of the documents. (4) The Veterinary and Food Board shall submit the Board the list of milk processing companies approved on the Basis of the Food Act (RT I 1999, 30, 415; 2002, 13, 81; 61, 375; 63, 387; 102, 603) no later than on the 30th day before the beginning of the quota year. (5) According to subsection 2 of § 1092 of the Rural Development and Agricultural Markets Regulation Act the weighed average fat content mentioned in article 2 of subsection 1 shall be the fat content that meets the requirements set by the laboratories authorized with the regulation of the minister and determined by the laboratory authorized on the basis and according to the procedures of the Food Act. (6) The Veterinary and Food Board shall inform the Board of the milk processing companies approved after the date mentioned in subsection 4 promptly after making the decision of approval. § 4. Procedure for using the data (1) The Board shall use the data mentioned in subsection 1 of paragraph 2 for establishing the fulfilling of the agricultural producer’s direct marketing quota. For that purpose the Board shall compare on the basis of the data mentioned in subsection 1 of § 2 the amount of raw milk and milk products marketed directly to the final consumer by the agricultural producer during the ended quota year with the size of the direct marketing quota. (2) To establish the fulfilling of the direct marketing quota mentioned in section 1, the Board shall calculate the amounts of dairy products presented by the agricultural producers into raw milk on the basis of the coefficients brought in annex 3. (3) The Board shall use the data mentioned in subsection 1 of paragraph 3 for determining the delivery reference quota for agricultural producer. For that purpose the Board shall compare on the basis of the data mentioned in subsection 1 of § 3 the average weighed fat content of the raw milk marketed to the milk processor during the ended quota year with the reference fat content of raw milk determined on the assigning of the production quota and decide the adjustment of the respective raw milk amounts as follows: 1) if the difference is positive, the board shall increase the amount of raw milk sold to the milk processors by 0,18% per every 0,1 grams of reference fat content in a kilogram of raw milk that exceeds the reference fat content; 2) if the difference is negative, the board shall decrease the amount of raw milk sold to the milk processor by 0,18% per every 0,1 grams of reference fat content in a kilogram of raw milk that is less than the reference fat content. (4) In case the amount of raw milk noted in the data submitted by the agricultural producer or milk processor differs from the amount of raw milk established during control, it shall be based on the latter. (5) On the basis of the comparisons mentioned in subsections 1 and 3 the board shall determine the agricultural producers that have exceeded the production quota and shall take measures pursuant to subsection 7 of § 71 of the Rural Development and Agricultural Markets Regulation Act. § 5. Usage of the data for on-the-spot checks (1) To carry out control over the fulfilling of the quota the Board shall carry out on-the-spot checks over the number of milk processors to whom in total at least 10% of the raw milk marketed to all the milk processors during the quota year was marketed. The data submitted on at least 10% of the raw milk amount marketed to the milk processors during the quota year shall be checked on the spot. The Board shall also carry out on-the-spot check over at least 5% of the agricultural producers that have received direct marketing quota. (2) The Board shall check the correctness of the data submitted by the milk processor on the spot basing on the buying up, stock, marketing and other documents. In case of the agricultural producer that has received direct marketing quota the Board shall control the correctness of the data on the spot on the basis of the number of dairy cows, productivity of the herd and documents related to the quota and its fulfilling. (3) The Board shall carry out on-the-spot check on no later than the 21st month after the end of the quota year. § 6. Publication of the agricultural producer’s quota and informing the agricultural producer (1) The Board shall publish the sizes of direct marketing quota and delivery reference quota of each agricultural producer on the web page of the Board during 10 days since the making of the decision to assign or adjust. (2) The Board shall send the agricultural producers that own the production quota for raw milk the data on fulfilling the quota for first six months of the quota year by 25 October and for first nine months of the quota year by 25 February and the data calculated on the basis of comparisons mentioned in subsections 1 and 3 of § 4 by 15 May. § 7. Implementation of the Regulation The measures mentioned in subsection 5 of paragraph 4 shall not be applied during the quota year that starts on 1 April 2003 and ends 31 March 2004 for these agricultural producers whose raw milk amount adjusted on the basis of article 1 of subsection 2 of § 4 exceeds the agricultural producer’s quota. 1 The requirements of the Council of the European Community 3950/92/EEC (ECM L 405, 31.12.1992, p 1–5) and Council of the European Community 1392/2001/EC (ECM L 187, 10.07.2001, p 19–28). Minister Jaanus MARRANDI Deputy Secretary General for Agriculture and Rural Development in the Duties of the Secretary General Toomas KEVVAI