17.5.2011

EN

Official Journal of the European Union

L 129/7

(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 Regulation (EC) No 445/2010 of 21 May 2010 on the division between ‘榙eliveries‘�and ‘榙irect sales‘�of national milk quotas fixed for 2009/2010 in Annex IX to Council Regulation (EC) No 1234/2007 (2) sets out the division between ‘榙eliveries‘�and ‘榙irect sales‘�for the period from 1 April 2009 to 31 March 2010 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 2010, except for Italy whose quota was already increased with 5 %, effective from 1 April 2009. Member States, except Italy and Malta which has no direct sales part of its national quota, have notified the Commission of the division between ‘榙eliveries‘�and ‘榙irect sales‘�of the additional quota.

(5)

It is therefore appropriate to establish the division between ‘榙eliveries‘�and ‘榙irect sales‘�of the national quotas applicable for the period from 1 April 2010 to 31 March 2011 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,