Commission Regulation (EC) No 258/2009 of 26 March 2009 amending Regulation (EC) No 595/2004 laying down detailed rules for applying Council Regulation (EC) No 1788/2003 establishing a levy in the milk and milk products sector

‘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 .

‘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.’;

‘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.’;

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.