http://www.legislation.gov.uk/eur/2012/326Commission Implementing Regulation (EU) No 326/2012 of 17 April 2012 on the division between ‘deliveries’ and ‘direct sales’ of national milk quotas fixed for 2011/2012 in Annex IX to Council Regulation (EC) No 1234/2007Commission Implementing Regulation (EU) No 326/2012Commission Implementing Regulation (EU) No 326/2012 of 17 April 2012 on the division between ‘deliveries’ and ‘direct sales’ of national milk quotas fixed for 2011/2012 in Annex IX to Council Regulation (EC) No 1234/20072020-12-12King's Printer of Acts of Parliamenthttps://webarchive.nationalarchives.gov.uk/eu-exit/https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX:32012R0326texttext/xmlen2012-04-17

Commission Implementing Regulation (EU) No 326/2012

of 17 April 2012

on the division between ‘deliveries’ and ‘direct sales’ of national milk quotas fixed for 2011/2012 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)

OJ L 299, 16.11.2007, p. 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 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

OJ L 129, 17.5.2011, p. 7.

sets out the division between ‘deliveries’ and ‘direct sales’ for the period from 1 April 2010 to 31 March 2011 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 sector

OJ L 94, 31.3.2004, p. 22.

, 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 72/2009

OJ L 30, 31.1.2009, p. 1.

were increased with 1 %, effective from 1 April 2011, except for Italy whose quota was already increased with 5 %, effective from 1 April 2009. Member States, except Italy, 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 2011 to 31 March 2012 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 2011 to 31 March 2012, 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 that of its publication in the Official Journal of the European Union.

It shall expire on 30 September 2013.

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

Done at Brussels, 17 April 2012.

For the Commission

The President

José Manuel Barroso

ANNEX

Member States

Deliveries (tonnes)

Direct sales (tonnes)

Belgium

3 490 842,018

40 296,998

Bulgaria

957 790,177

71 047,796

Czech Republic

2 861 138,931

16 171,977

Denmark

4 752 211,9

174,604

Germany

29 630 671,304

90 854,772

Estonia

672 069,563

7 203,106

Ireland

5 668 140,684

2 305,582

Greece

861 075,872

1 207,0

Spain

6 362 294,27

66 051,426

France

25 496 618,465

354 995,374

Italy

10 967 026,636

321 516,23

Cyprus

151 790,553

801,146

Latvia

747 127,365

18 613,933

Lithuania

1 716 083,974

75 543,299

Luxembourg

286 485,893

500,0

Hungary

1 947 083,97

144 284,054

Malta

51 177,07

0,0

Netherlands

11 737 724,915

75 325,428

Austria

2 846 561,156

87 198,758

Poland

9 702 182,671

155 475,456

Portugal

Except Madeira.

2 039 660,805

8 084,069

Romania

1 515 028,445

1 697 594,315

Slovenia

585 410,695

20 582,227

Slovakia

1 055 742,726

38 028,69

Finland

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 pursuant to Article 67(4) of Regulation (EC) No 1234/2007.

2 563 117,735

5 105,65

Sweden

3 518 813,075

4 400,0

United Kingdom

15 436 313,929

147 162,755