Michael Creed (Cork North West, Fine Gael)
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Question 122: To ask the Minister for Agriculture, Fisheries and Food if she will clarify the situation regarding the sale of land where milk quota is concerned; if such quota is inextricably attached to the lands; and if she will make a statement on the matter. [17013/08]

Mary Coughlan (Donegal South West, Fianna Fail)
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I would refer the Deputy to the provisions of Council Regulation (EC) No. 1234/2007 of 22 October, 2007 (O.J. L299/1; 16.11.2007) with particular reference to Article 74 on "transfers of reference quantities (milk quotas) together with land". I would also refer him to the provisions of the European Communities (Milk Quota) Regulations, 2000 (S.I. No. 94 of 2000), as amended, with particular reference to Regulations 4 to 7, to Regulations 9 and 9A and to Regulations 18 to 22 (inclusive).

In general, milk quotas are deemed to attach to dairying lands but exceptions are or can be made in certain circumstances as laid down in the domestic regulations of 2000 either for an individual quota to be retained upon a transfer of the relevant lands or, alternatively, for the quota to be assigned simpliciter. I have had the regulations of 2000 under review in my Department and will replace them shortly with new and more flexible ones.