# L_2012106EN.01001101.xml

| 18.4.2012 | EN | Official Journal of the European Union | L 106/11 |
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18.4.2012

EN

Official Journal of the European Union

L 106/11

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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. |
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(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. |
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(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. |
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(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. |
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(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. |
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(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. |
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(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, |
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(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

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(1)  
  OJ L 299, 16.11.2007, p. 1.

1

(2)  
  OJ L 129, 17.5.2011, p. 7.

2

(3)  
  OJ L 94, 31.3.2004, p. 22.

3

(4)  
  OJ L 30, 31.1.2009, p. 1.

4

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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 | 4 752 211,900 | 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 | 1 207,000 |
| Spain | 6 362 294,270 | 66 051,426 |
| France | 25 496 618,465 | 354 995,374 |
| Italy | 10 967 026,636 | 321 516,230 |
| 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 | 500,000 |
| Hungary | 1 947 083,970 | 144 284,054 |
| Malta | 51 177,070 | 0,000 |
| 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 (1) | 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 | 38 028,690 |
| Finland (2) | 2 563 117,735 | 5 105,650 |
| Sweden | 3 518 813,075 | 4 400,000 |
| United Kingdom | 15 436 313,929 | 147 162,755 |

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

4 752 211,900

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

1 207,000

Spain

6 362 294,270

66 051,426

France

25 496 618,465

354 995,374

Italy

10 967 026,636

321 516,230

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

500,000

Hungary

1 947 083,970

144 284,054

Malta

51 177,070

0,000

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 (1)

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

38 028,690

Finland (2)

2 563 117,735

5 105,650

Sweden

3 518 813,075

4 400,000

United Kingdom

15 436 313,929

147 162,755

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(1)  Except Madeira.

(2)  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.

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