
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), 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 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, 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 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
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 4 752 211,9 174,604
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 1 207,0
Spain 6 362 294,27 66 051,426
France 25 496 618,465 354 995,374
Italy 10 967 026,636 321 516,23
Cyprus 151 790,553 801,146
Latvia 747 127,365 18 613,933
Lithuania 1 716 083,974 75 543,299
Luxembourg 286 485,893 500,0
Hungary 1 947 083,97 144 284,054
Malta 51 177,07 0,0
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 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 38 028,69
Finland 2 563 117,735 5 105,65
Sweden 3 518 813,075 4 400,0
United Kingdom 15 436 313,929 147 162,755

