Commission Implementing Regulation (EU) No 471/2011

of 16 May 2011

on the division between ‘deliveries’ and ‘direct sales’ of national milk quotas fixed for 2010/2011 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 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 1234/20072 sets out the division between ‘deliveries’ and ‘direct sales’ for the period from 1 April 2009 to 31 March 2010 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 1 %, effective from 1 April 2010, except for Italy whose quota was already increased with 5 %, effective from 1 April 2009. Member States, except Italy and 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 2010 to 31 March 2011 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 2010 to 31 March 2011, 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 2012.

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

Done at Brussels, 16 May 2011.

For the Commission

The President

José Manuel Barroso

ANNEX

Member States

Deliveries(tonnes)

Direct sales(tonnes)

Belgium

3 454 910,898

41 266,346

Bulgaria

942 195,26

76 456,198

Czech Republic

2 833 254,842

15 567,839

Denmark

4 705 285,916

47,256

Germany

29 335 337,102

91 916,439

Estonia

664 758,821

7 788,376

Ireland

5 612 152,97

2 150,264

Greece

852 538,418

1 207,0

Spain

6 298 788,511

65 910,198

France

25 241 237,156

354 420,11

Italy

10 973 963,234

314 579,632

Cyprus

150 243,694

837,196

Latvia

738 964,267

19 195,434

Lithuania

1 696 613,534

77 274,855

Luxembourg

283 644,448

500,0

Hungary

1 937 342,553

133 318,857

Malta

50 670,366

Netherlands

11 624 729,324

71 360,125

Austria

2 816 825,721

87 887,065

Poland

9 602 696,317

157 361,235

Portugal5

2 019 643,728

7 826,444

Romania

1 495 324,22

1 685 490,394

Slovenia

579 468,569

20 524,423

Slovakia

1 046 628,953

36 313,043

Finland6

2 537 362,535

5 440,665

Sweden

3 484 129,778

4 200,0

United Kingdom

15 289 460,053

139 724,783

5

Except Madeira.

6

The Finnish national quota as referred to in Annex IX to Regulation (EC) No 1234/2007 and the total amount of the Finnish national quota as indicated in the Annex to this Regulation differ due to a quota increase of 784 683 tonnes to compensate Finnish SLOM producers in the past pursuant to Article 67(4) of Regulation (EC) No 1234/2007.