Commission Regulation (EU) No 445/2010

of 21 May 2010

on the division between ‘deliveries’ and ‘direct sales’ of national milk quotas fixed for 2009/2010 in Annex IX to Council Regulation (EC) No 1234/2007

THE EUROPEAN COMMISSION,

Having regard to the Treaty on the Functioning of the European Union,

Having regard to Council Regulation (EC) No 1234/2007 of 22 October 2007 establishing a common organisation of agricultural markets and on specific provisions for certain agricultural products (Single CMO Regulation)1, and in particular Article 69(1) in conjunction with Article 4 thereof,

Whereas:

(1)

Article 67(2) of Regulation (EC) No 1234/2007 provides that producers may have one or two individual quotas, one for deliveries and the other for direct sales and quantities may be converted from one quota to the other only by the competent authority of the Member State, at the duly justified request of the producer.

(2)
Commission Regulation (EC) No 416/2009 of 20 May 2009 on the division between ‘deliveries’ and ‘direct sales’ of national milk quotas fixed for 2008/2009 in Annex IX to Council Regulation (EC) No 1234/20072 sets out the division between ‘deliveries’ and ‘direct sales’ for the period from 1 April 2008 to 31 March 2009 for all Member States.
(3)
In accordance with Article 25(2) of Commission Regulation (EC) No 595/2004 of 30 March 2004 laying down detailed rules for applying Council Regulation (EC) No 1788/2003 establishing a levy in the milk and milk products sector3, Member States have notified the quantities which have been definitively converted at the request of the producers between individual quotas for deliveries and for direct sales.
(4)
The total national quotas for all Member States fixed in point 1 of Annex IX to Regulation (EC) No 1234/2007 as amended by Council Regulation (EC) No 72/20094 were increased with effect from 1 April 2009. Member States, except Malta, which has no direct sales part of its national quota, have notified the Commission of the division between ‘deliveries’ and ‘direct sales’ of the additional quota.
(5)

It is therefore appropriate to establish the division between ‘deliveries’ and ‘direct sales’ of the national quotas applicable for the period from 1 April 2009 to 31 March 2010 fixed in Annex IX to Regulation (EC) No 1234/2007.

(6)

Given the fact that the division between direct sales and deliveries is used as a reference basis for controls pursuant to Articles 19 to 21 of Regulation (EC) No 595/2004 and for the establishment of the annual questionnaire set out in Annex I to that Regulation, it is appropriate to determine a date of expiry of this Regulation after the last possible date for these controls.

(7)

The measures provided for in this Regulation are in accordance with the opinion of the Management Committee for the Common Organisation of Agricultural Markets,

HAS ADOPTED THIS REGULATION:

Article 1

The division, applicable for the period from 1 April 2009 to 31 March 2010, between ‘deliveries’ and ‘direct sales’ of the national quotas fixed in Annex IX to Regulation (EC) No 1234/2007 is set out in the Annex to this Regulation.

Article 2

This Regulation shall enter into force on the third day following its publication in the Official Journal of the European Union.

It shall expire on 30 September 2011.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, 21 May 2010.

For the Commission

The President

José Manuel Barroso

ANNEX

(tonnes)

Member States

Deliveries

Direct sales

Belgium

3 415 434,609

46 127,018

Bulgaria

928 425,173

80 140,627

Czech Republic

2 808 527,676

12 088,84

Denmark

4 658 507,411

238,304

Germany

29 044 163,443

91 731,152

Estonia

657 011,272

8 877,042

Ireland

5 556 537,382

2 178,691

Greece

844 055,493

1 237,0

Spain

6 235 301,035

66 380,855

France

24 989 415,129

352 819,788

Italy

10 982 463,306

306 079,56

Cyprus

148 696,344

888,696

Latvia

719 683,007

30 970,163

Lithuania

1 679 913,351

76 411,787

Luxembourg

280 831,137

500,0

Hungary

1 928 903,771

121 256,041

Malta

50 168,68

0,0

Netherlands

11 505 972,047

74 314,536

Austria

2 785 409,61

90 543,644

Poland

9 502 697,468

160 725,851

Portugal5

1 999 241,02

8 155,19

Romania

1 475 454,378

1 673 867,022

Slovenia

573 711,028

20 341,44

Slovakia

1 049 575,219

22 644,579

Finland

2 512 083,449

5 551,251

Sweden

3 449 791,859

4 000,0

United Kingdom

15 139 642,862

136 777,767

5

Except Madeira.