Commission Regulation (EC) No 258/2009 of 26 March 2009 amending Regulation (EC) No 595/2004 laying down detailed rules for applying Council Regulation (EC) No 1788/2003 establishing a levy in the milk and milk products sector
Date: 2009-03-26
Institutions: European Commission
Subjects: agricultural quota, common agricultural policy, milk, milk product, regulation of agricultural production

27.3.2009

EN

Official Journal of the European Union

L 81/19

COMMISSION REGULATION (EC) No 258/2009

of 26 March 2009

amending Regulation (EC) No 595/2004 laying down detailed rules for applying Council Regulation
(EC) No 1788/2003 establishing a levy in the milk and milk products sector

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

(5)

Having regard to the Treaty
Community,

establishing the European

Having regard to Council Regulation (EC) No 1234/2007 of
22 October 2007 establishing a common organisation of agri­
cultural markets and on specific provisions for certain agri­
cultural products (Single CMO Regulation) (1), and in particular
Article 69(2), Article 80(1) and Article 85, in conjunction with
Article 4 thereof,

Whereas:

(1)

(2)

(3)

(4)

10

(EC) No
of Commission Regulation
Article
595/2004 (2) provides for the way the fat content of
milk is taken into account when drawing up the defi­
nitive statement of deliveries.

is greater or lower

The adjustment coefficients applied to milk deliveries
where the fat content
than the
reference level have remained the same since 1989. In
the support
view of many changes in the nature of
regime for the milk sector since then, it is appropriate
to reduce the degree of adjustment applied to milk
delivered with fat content greater than reference fat
content. The coefficient to be applied when the real fat
content of deliveries is less than the reference fat should
remain unchanged.

In view of those differential adjustment rates, it is also
appropriate to modify the information provided by
Member States to the Commission in the annual ques­
tionnaire so that it shows details on both the upward and
downward adjustments.

sales, based on communications

Article 2 of Regulation (EC) No 595/2004 requires that
each year the Commission has to divide the national
quota for each Member State between deliveries and
direct
from the
Member States. Those communications concern the
requests for conversions made by producers. Additional
quota allocated to Member States is allocated to the
national reserve in the first instance and then divided
by Member States between deliveries and direct sales
there is no
according to foreseeable needs. However,
formal provision whereby the Commission is informed
of this division. Therefore, it is appropriate to require the
Commission to take this division into account in the
annual adaptation and to provide Member States with
the mechanism to inform the Commission of
the
division of such quota.

than the deliveries part of

In a number of Member States, deliveries have been
substantially lower
the
national quota for a number of years. The possibility
of the quota being exceeded will be further reduced as
national quotas are increased. Experience shows that as
the risk of
incurring a levy is reduced, the risk that
operators would understate or conceal the quantity of
deliveries would also fall. It is therefore appropriate to
reduce accordingly the intensity of controls to take place
in such Member States in order to optimise the use of
control resources.

second

In accordance with the
subparagraph of
Article 19(3) of Regulation (EC) No 595/2004, Member
reports
States are required to complete all control
relating to a 12-month period within 18 months of
the end of the period concerned. Where Member States
avail
the option now provided to
implement a reduced rate of control intensity in certain
circumstances, it is appropriate to reduce the maximum
time allowed for the completion of all reports.

themselves of

In order to allow the Member States to benefit from a
less burdensome situation resulting from the adjusted
intensity of control, and taking into account
that
according to Article 19(2) of Regulation (EC) No
595/2004 controls are carried out partly during the
12-month period in question, partly after
the 12-
it is appropriate to apply the adjusted
month period,
intensity of controls as
from the 12-month period
2008/2009,
i.e. the period starting on 1 April 2008
and finishing on 31 March 2009.

the reports

In order to support the Commission’s supervision of the
implementation of the quota system and in particular in
the context of
to be provided by the
Commission to the Council before the end of 2010
and 2012,
is appropriate to provide for more
detailed information on the extent of quota utilisation,
the distribution of the unused quota to producers, and
where relevant, on the collection of
levy due from
producers.

it

(6)

(7)

(8)

(9)

Regulation (EC) No 595/2004 should therefore be
amended accordingly.

(1) OJ L 299, 16.11.2007, p. 1.
(2) OJ L 94, 31.3.2004, p. 22.

(10)

The Management Committee for the Common Organi-
sation of Agricultural Markets has not delivered an
opinion within the time limit set by its Chairman,

L 81/20

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Official Journal of the European Union

27.3.2009

HAS ADOPTED THIS REGULATION:

Article 1

national quota in each of the three preceding 12-month
periods; and’;

Regulation (EC) No 595/2004 is amended as follows:

5.

in Article 25, paragraph 2 is replaced by the following:

1.

in Article 2,
‘Article 25’;

first paragraph,

‘Article 21’

is replaced by

In accordance with Article 69(2)(a) of Regulation (EC)
the Member States shall notify to the

‘2.
No 1234/2007,
Commission, before 1 February each year:

2. Article 10 is amended as follows:

(a) paragraph 1 is amended as follows:

(i) the

second

subparagraph is

replaced by

the

following:

‘If a positive difference is found, the quantity of milk
delivered shall be increased by 0,09 % per 0,1 gram
of additional fat per kilogram of milk.’;

(ii) the fifth subparagraph is replaced by the following:

‘Where the quantity of milk delivered is expressed in
litres, the adjustment shall be multiplied by the coef­
ficient 0,971.’;

(b) paragraph 2 is replaced by the following:

The Member States shall establish the adjustment
in accordance with
level
(EC) No

at national

Regulation

Council

of

‘2.
of deliveries
Article
80(1)
1234/2007 (*).

___________
(*) OJ L 299, 16.11.2007, p. 1.’;

3.

in Article 19(3),
second subparagraph:

the following sentence is added in the

‘However the inspection reports shall be completed no later
than 12 months after the end of the period concerned in
Member States where Article 22(1), points (aa) and (ba)
apply.’;

4.

in Article 22(1), points (a) and (b) are replaced by the
following:

‘(a) 2 % of producers for each 12-month period, or

(aa) 1 % of producers in Member States where the total
the
adjusted deliveries have been less than 95 % of
deliveries part of the national quota in each of the
three preceding 12-month periods; and

(b) 40 % of the quantity of milk declared after adjustment

for the period concerned, or

(a)

the quantities which have been definitively converted
between individual quotas for deliveries and direct sales
at the request of individual producers;

(b) the division between deliveries and direct sales of the
quota placed in the national reserve in accordance with
Article 71(2) of Regulation (EC) No 1234/2007 with
effect from 1 April of the 12-month period in question.’;

6.

in Article 27, the following paragraph 4 is added:

‘4.
Before 1 October each year, the Member States shall
communicate to the Commission a report concerning quota
utilisation and levy collection in respect of the 12-month
period finishing on 31 March of the same calendar year.
The report shall include information on the reallocation of
unused quota including the number of producers to whom
allocations were made and the basis for the allocations.
Where relevant,
state the number of
producers contributing to the payment of the surplus levy
and indicate the number of cases, if any, where the surplus
levy has been deemed impossible to collect due to producers’
definitive incapacity to pay or bankruptcy. Member States
shall
to the
an update of
Commission before 1 December to include relevant newly
available information. Each subsequent report shall update
the position in respect of
the collection of any surplus
levy previously reported as outstanding.’;

communicate

the report

report

shall

the

7.

in Annex I, point 1.8 is replaced by the following:

‘1.8 Adjustment of deliveries due to fat content:

(a) quantity of deliveries subject to upward adjustment

(kilograms);

(b) total of upward adjustment (kilograms);

(c) quantity

deliveries
of
adjustment (kilograms);

subject

to

downward

(d) total of downward adjustment (kilograms).’.

Article 2

This Regulation shall enter into force on the day following its
publication in the Official Journal of the European Union.

(ba) 20 % of the quantity of milk declared after adjustment
in Member States where the total adjusted deliveries
have been less than 95 % of the deliveries part of the

It shall apply from 1 April 2009, except for points 3 and 4 of
Article 1, which shall apply from 1 April 2008.

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Official Journal of the European Union

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

Done at Brussels, 26 March 2009.

For the Commission

Mariann FISCHER BOEL
Member of the Commission