
Article 1 
Regulation (EC) No 595/2004 is amended as follows:

1.. in Article 2, first paragraph, ‘Article 21’ is replaced by ‘Article 25’;
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 coefficient 0,971.';
((b)) paragraph 2 is replaced by the following:
'
2. The Member States shall establish the adjustment of deliveries at national level in accordance with Article 80(1) of Council Regulation (EC) No 1234/2007.';
3.. in Article 19(3), the following sentence is added in the second subparagraph:
‘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 adjusted deliveries have been less than 95 % of the 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
((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 national quota in each of the three preceding 12-month periods; and';
5.. in Article 25, paragraph 2 is replaced by the following:
'
2. In accordance with Article 69(2)(a) of Regulation (EC) No 1234/2007, the Member States shall notify to the Commission, before 1 February each year:
(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, the report shall 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 communicate an update of the report to the 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.';
7.. in Annex I, point 1.8 is replaced by the following:
'
1.8 

((a)) quantity of deliveries subject to upward adjustment (kilograms);
((b)) total of upward adjustment (kilograms);
((c)) quantity of deliveries subject to downward adjustment (kilograms);
((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.
It shall apply from 1 April 2009, except for points 3 and 4 of Article 1, which shall apply from 1 April 2008.
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