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)(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(2) 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(3), 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(4) 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 1U.K.

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 2U.K.

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

ANNEXU.K.

a

Except Madeira.

b

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.

Member StatesDeliveries (tonnes)Direct sales (tonnes)
Belgium3 490 842,01840 296,998
Bulgaria957 790,17771 047,796
Czech Republic2 861 138,93116 171,977
Denmark4 752 211,9174,604
Germany29 630 671,30490 854,772
Estonia672 069,5637 203,106
Ireland5 668 140,6842 305,582
Greece861 075,8721 207,0
Spain6 362 294,2766 051,426
France25 496 618,465354 995,374
Italy10 967 026,636321 516,23
Cyprus151 790,553801,146
Latvia747 127,36518 613,933
Lithuania1 716 083,97475 543,299
Luxembourg286 485,893500,0
Hungary1 947 083,97144 284,054
Malta51 177,070,0
Netherlands11 737 724,91575 325,428
Austria2 846 561,15687 198,758
Poland9 702 182,671155 475,456
Portugala2 039 660,8058 084,069
Romania1 515 028,4451 697 594,315
Slovenia585 410,69520 582,227
Slovakia1 055 742,72638 028,69
Finlandb2 563 117,7355 105,65
Sweden3 518 813,0754 400,0
United Kingdom15 436 313,929147 162,755