EN Official Journal of the European Union L 125/54

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 1234/2007

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

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 415/2008 of 8 May 2008 on the division between ‘deliveries’ and ‘direct sales’ of national reference quantities fixed for 2007/2008 in Annex I to Council Regulation (EC) No 1788/2003 (2) sets out the division between ‘deliveries’ and ‘direct sales’ for the period from 1 April 2007 to 31 March 2008 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) In accordance with Council Regulation (EC) No 248/2008 of 17 March 2008 amending Regulation (EC) No 1234/2007 as regards the national quotas for milk (4), the total national quotas for all Member States were increased with effect from 1 April 2008. 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 2008 to 31 March 2009 fixed in Annex IX to Regulation (EC) No 1234/2007.

(6) 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 2008 to 31 March 2009, 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.

This Regulation shall be binding in its entirety and directly applicable in all Member States. Done at Brussels, 20 May 2009. For the Commission Mariann FISCHER BOEL Member of the Commission

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

(2) OJ L 125, 9.5.2008, p. 22.

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

(4) OJ L 76, 19.3.2008, p. 6.