Michael Creed (Cork North West, Fine Gael)
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Question 440: To ask the Minister for Agriculture, Fisheries and Food if he will reconsider the substantial fine for milk production in excess of quota by a person (details supplied) in County Cork in view of the disease problems in the herd in the relevant milk quota year; and if he will make a statement on the matter. [38296/08]

Brendan Smith (Cavan-Monaghan, Fianna Fail)
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The rules governing milk quotas and super levy are laid down in EU regulations. Article 79 of Council Regulation (EC) No 1234/2007, states that the surplus levy shall be entirely allocated among the producers who have contributed to each of the overruns of the national quotas and that producers shall be liable for payment of their contribution to the surplus levy due.

The herd-owner in question exceeded his milk quota in the 2007/08 marketing period. He received a temporary allocation of 22,477 litres from the Milk Quota Appeals Tribunal on grounds of animal disease following an application received by the Department on 2nd November 2007. This allocation reduced the amount of levy that would have been incurred. I have no further discretion in the matter.