Willie Penrose (Westmeath, Labour)
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Question 541: To ask the Minister for Agriculture and Food if her Department has received an appeal from a person (details supplied) in County Westmeath in relation to a dairy quota; and if she will make a statement on the matter. [19468/05]

Mary Coughlan (Donegal South West, Fianna Fail)
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Milk quota regulations provide that where a producer delivers less than 70% of his or her quota in a quota year, the undelivered portion of the milk quota may be added to the national reserve. However, in view of the range of circumstances that can temporarily affect production, the addition of part of a producer's quota to the reserve is only actively considered by my Department if deliveries are under 70% in two consecutive years. When part of a producer's quota is added to the reserve it may be restored to that producer or his or her successor if production increases sufficiently to warrant the return of the quota.

Producers who have not filled 70% of their quota in the previous two years are notified and invited to explain if the under-production was due to a force majeure or other exceptional circumstance. The regulations provide that in such circumstances no quota will be added to the reserve. The person concerned has made a submission on the matter which is being examined and a decision in his case will be made shortly.