CELEX: 32012R0326
Language: en
Date: 2012-04-17 00:00:00
Title: 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

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.