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
Date: 2012-04-17
Institutions: European Commission
Subjects: agricultural quota, common organisation of markets, delivery, direct selling, milk








L_2012106EN.01001101.xml










18.4.2012   


EN


Official Journal of the European Union


L 106/11








            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 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
            





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

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

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

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




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 






(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.