HTML PUBLIC "-//W3C//DTD HTML 4.01 Transitional//EN"L 302/30
EN
Official Journal of the European Union
19.11.2011
COMMISSION IMPLEMENTING REGULATION (EU) No 1191/2011
of 18 November 2011
amending Regulation (EU) No 479/2010 laying down rules for the implementation of Council
Regulation (EC) No 1234/2007 as regards Member States’ notifications to the Commission in the
milk and milk products sector
THE EUROPEAN COMMISSION,
with that notified on a daily basis. Therefore, additional
information is required in the monthly notifications.
Having regard to the Treaty on the Functioning of the European
Union,
(6) Regulation
(EU)
No
479/2010
should
therefore
be
amended accordingly.
Having regard to Council Regulation (EC) No 1234/2007 of
(7) The
measures
provided
for
in
this
Regulation
are
in
22 October 2007 establishing a common organisation of agri
accordance with the opinion of the Management
cultural markets and on specific provisions for certain agri
Committee for the Common Organisation of Agricultural
cultural products (Single CMO Regulation) ( 1 ), and in particular
Markets,
Article 192(2) in conjunction with Article 4 thereof,
HAS ADOPTED THIS REGULATION:
Whereas:
Article 1
Regulation (EU) No 479/2010 is amended as follows:
(1) Article
2(4)
of
Commission
Regulation
(EU)
No
479/2010 ( 2 ) provides that the ‘ex-factory price’ notified
by the Member States to the Commission has to relate to
(1) Article 2 is amended as follows:
the sales that have been invoiced in the reference period.
(a) in paragraph 2, the introductory sentence is replaced by
(2) Whilst
invoices
are
reliable
official
accountancy
the following:
documents, restricting the source of prices only to
invoices may prevent Member States from using other
available reliable sources of prices. Depending on the
‘2. Not
later
than
the
15th
of
each
month
and
in
product, these other available reliable sources of prices
respect of ex-factory prices recorded in the previous
may better reflect the prevailing market situation.
month for the products listed in Annex I.B, Member
Therefore, the notification of prices resulting from
States shall notify to the Commission:’;
contracts concluded in the reference period should also
be allowed.
(b) paragraph 4 is replaced by the following:
(3)
Practice has shown that the notification deadline for the
‘4. For
the
purpose
of
paragraphs
1
and
2,
“ex-
monthly prices referred to in Article 2(2) of Regulation
factory price” means the price at which the product is
(EU) No 479/2010 is difficult to be met in several
purchased from the enterprise, excluding taxes (VAT)
Member States and does not allow them to provide the
and any other cost (transport, loading, handling,
Commission with definitive prices. The accuracy of the
storage, pallets, insurance, etc.).
notified prices should be improved by an extension of
the deadline.
Member States shall ensure that the notified price is
representative of the prevailing market situation. The
(4)
It is appropriate to better describe the survey method
notified price shall be based on the most adequate
used as regards the origin of the price data and the
available source of information, namely on:
way that data should be collected by the competent
authorities.
(a) sales that have been invoiced in the reference period;
(5)
It is necessary to reconcile the information on the export
and/or
licences notified by the Member States on monthly basis
( 1 ) OJ L 299, 16.11.2007, p. 1.
(b) contracts concluded in the reference period for
( 2 ) OJ L 135, 2.6.2010, p. 26.
deliveries within three months.’;

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EN
19.11.2011 Official
Journal
of
the
European
Union L
302/31
(2) in Article 7(1), points (a) and (b) are replaced by the
(3) point 3(c) of Annex II is replaced by the following:
following:
‘(c) the survey method: an indication shall be given from
‘(a) the quantities, broken down by code of the export
which stakeholders (producers, first buyers) the data are
refund nomenclature for milk products, by destination
originating and by which way or method the data are
code and date of lodging the application, covered by
collected;’.
licence applications cancelled under the second
subparagraph of Article 10(2) of Regulation (EC) No
1187/2009;
Article 2
This Regulation shall enter into force on the seventh day
(b) the unused quantities on licences expired and returned
following its publication in the Official Journal of the European
in the previous month and which have been issued
Union.
since 1 July of the current GATT-year, broken down
by code of the export refund nomenclature for milk
products and by destination code;’;
It shall apply from 1 December 2011.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 18 November 2011.
For the Commission
The President
José Manuel BARROSO

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