Commission Implementing Regulation (EU) No 562/2011 of 10 June 2011 adopting the plan allocating to the Member States resources to be charged to the 2012 budget year for the supply of food from intervention stocks for the benefit of the most deprived persons in the European Union and derogating from certain provisions of Regulation (EU) No 807/2010
Modified by
  • Commission Implementing Regulation (EU) No 208/2012of 9 March 2012amending Implementing Regulation (EU) No 562/2011 adopting the plan allocating to the Member States resources to be charged to the 2012 budget year for the supply of food from intervention stocks for the benefit of the most deprived persons in the European Union and derogating from certain provisions of Regulation (EU) No 807/2010, 32012R0208, March 10, 2012
  • Commission Implementing Regulation (EU) No 419/2012of 16 May 2012amending Implementing Regulation (EU) No 562/2011 adopting the plan allocating to the Member States resources to be charged to the 2012 budget year for the supply of food from intervention stocks for the benefit of the most deprived persons in the European Union, 32012R0419, May 17, 2012
Commission Implementing Regulation (EU) No 562/2011of 10 June 2011adopting the plan allocating to the Member States resources to be charged to the 2012 budget year for the supply of food from intervention stocks for the benefit of the most deprived persons in the European Union and derogating from certain provisions of Regulation (EU) No 807/2010 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)OJ L 299, 16.11.2007, p. 1., and in particular points (f) and (g) of Article 43, in conjunction with Article 4 thereof,Having regard to Council Regulation (EC) No 2799/98 of 15 December 1998 establishing agrimonetary arrangements for the euroOJ L 349, 24.12.1998, p. 1., and in particular Article 3(2) thereof,Whereas:(1)In accordance with Article 2 of Commission Regulation (EU) No 807/2010 of 14 September 2010 laying down detailed rules for the supply of food from intervention stocks for the benefit of the most deprived persons in the UnionOJ L 242, 15.9.2010, p. 9., the Commission has to adopt a distribution plan to be financed from resources available in the 2012 budget year. That plan has to lay down, in particular, for each of the Member States applying the measure, the maximum financial resources available to carry out its part of the plan, and the quantity of each type of product to be withdrawn from the stocks held by the intervention agencies.(2)The Member States involved in the distribution plan for the 2012 budget year have supplied the Commission with the information required in accordance with Article 1 of Regulation (EU) No 807/2010.(3)For the purposes of resource allocation, account must be taken of experience and of the degree to which the Member States used the resources allocated to them in previous years.(4)Taking into account the fact that availability of intervention stocks for the supply of the scheme for food distribution to the most deprived persons is substantially reduced in relation to the previous year, it is appropriate that the 2012 annual plan is adopted as soon as the Member States supplied the Commission with the information required in Article 1 of Regulation (EU) No 807/2010. The fast adoption aims to allow the Member States additional time to organize the implementation of the Union annual plan with a view to giving a chance to national authorities and charities to find alternative sources of food.(5)Article 4 of Regulation (EU) No 807/2010 provides that, where no rice is available in intervention stocks, the Commission may authorise the removal of cereals from the intervention stocks as payment for the supply of rice or rice products mobilised on the market. Accordingly, given that there are currently no intervention stocks of rice, the removal of cereals from intervention stocks as payment for mobilising rice products in the market should be authorised.(6)Article 8(1) of Regulation (EU) No 807/2010 provides for the transfer between Member States of products unavailable in the intervention stocks of the Member State in which such products are required to implement the annual distribution plan. Accordingly, the intra-Union transfers necessary to implement that plan for 2012 should be authorised, subject to the conditions laid down in Article 8 of Regulation (EU) No 807/2010.(7)Due to the current market situation in the cereals sector, which is marked by high market price levels, it is appropriate, in order to secure the Union's financial interests, to increase the security, which is to be lodged by the contractor undertaking the supply operation of cereals as provided for in Articles 4(3) and 8(4) of Regulation (EU) No 807/2010.(8)To implement the annual distribution plan, the operative event within the meaning of Article 3 of Regulation (EC) No 2799/98 should be the date on which the financial year for administration of stocks in public storage starts.(9)In accordance with Article 2(2) of Regulation (EU) No 807/2010, the Commission has consulted the major organisations familiar with the problems of the most deprived persons in the Union when drawing up the annual distribution plan.(10)The Management Committee for the Common Organisation of Agricultural Markets has not delivered an opinion within the time limit set by its Chair,HAS ADOPTED THIS REGULATION:
Article 11.In 2012, the distribution of food to the most deprived persons in the Union under Article 27 of Regulation (EC) No 1234/2007 shall be implemented in accordance with the annual distribution plan set out in Annex I to this Regulation.Financial resources available to implement the 2012 plan can be used by Member States within the limits set out in point (a) of Annex I.The quantities of each type of product to be withdrawn from intervention stocks are set out in point (b) of that Annex.Indicative allocations to Member States for the purchase of food products on the Union market are set out in point (c) of that Annex.2.The use of cereals as payment for mobilising rice products on the market is authorised, as referred to in Article 4(2) of Regulation (EU) No 807/2010.
Article 2The intra-Union transfer of products listed in Annex II to this Regulation shall be authorised, subject to the conditions laid down in Article 8 of Regulation (EU) No 807/2010. Indicative allocations to Member States for the reimbursement of the cost of intra-Union transfers, as required under the annual distribution plan referred to in Article 1, are set out in point (d) of Annex I.
Article 2aBy way of derogation from Article 3(1) of Regulation (EU) No 807/2010, the implementation period of the 2012 distribution plan shall end on 28 February 2013.
Article 2bBy way of derogation from Article 3(3) of Regulation (EU) No 807/2010, for the 2012 distribution plan, payment operations for products to be supplied by the operator shall, in case of products to be mobilised on the market under Article 2(3)(a)(iii) and (iv) of Regulation (EU) No 807/2010, be effected before 15 October 2012.
Article 2cFor the 2012 distribution plan, the first sentence of the second subparagraph and the third subparagraph of Article 3(2) of Regulation (EU) No 807/2010, where relevant, shall not apply to the following quantities of intervention stocks:(a)5,46 tonnes of cereals stored in the United Kingdom and allocated to Bulgaria;(b)0,651 tonne of cereals stored in Finland and allocated to Bulgaria;(c)249,04 tonnes of cereals stored in France and allocated to France;(d)635,325 tonnes of skimmed milk powder stored in Estonia and allocated to Estonia.
Article 2dBy way of derogation from Article 9 of Regulation (EU) No 807/2010, for the 2012 distribution plan, requests for payment shall be submitted to the competent authorities of each Member State by 30 September 2012. Except in cases of force majeure, requests submitted after that date shall not be accepted.Expenditure, within the limits set out in point (a) of Annex I, shall only be eligible for Union financing if it has been paid by the Member State to the beneficiary by 15 October 2012 at the latest.
Article 3By way of derogation from the fifth subparagraph of Article 4(3) and from the first subparagraph of Article 8(4) of Regulation (EU) No 807/2010, for the 2012 distribution plan, before cereals are removed from intervention, the contractor undertaking the supply operation shall lodge a security equal to EUR 150 per tonne.
Article 4For the purpose of implementing the annual distribution plan referred to in Article 1 of this Regulation, the date of the operative event within the meaning of Article 3 of Regulation (EC) No 2799/98 shall be 1 October 2011.
Article 4a1.For the purpose of implementing the annual distribution plan referred to in Article 1 of this Regulation, the operators selected in accordance with Article 4(4) and (6) of Regulation (EU) No 807/2010 and the designated organisations referred to in Article 27(1) of Regulation (EC) No 1234/2007 may submit to the competent authority of the Member State concerned an application for advance payments relating to the cost of transport of products to the storage depots of the designated organisations referred to in point (a) of the second subparagraph of Article 27(7) of Regulation (EC) No 1234/2007 and the administrative, transport and storage costs referred to in point (b) of the second subparagraph of that Article. In duly justified cases the Member States may also provide advance payments relating to the cost of the supply of the products to operators selected in accordance with Article 4(4) of Regulation (EU) No 807/2010 provided that, to the satisfaction of the Member States concerned, those operators have demonstrated that prior to 15 October 2012:(a)they have taken legally binding commitments to implement the operation;(b)they have significantly progressed with the implementation of the operation; and(c)they have taken all measures necessary to ensure that the implementation shall be completed no later than 28 February 2013.2.The competent authority may grant an advance payment up to 100 % of the amount applied for, subject to the establishment of a security equal to 110 % of the advance referred to in paragraph 1. In the case of operators selected in accordance with Article 4(4) of Regulation (EU) No 807/2010, the security referred to in that Article shall be deemed sufficient for the purposes of this Article.3.For the purposes of paragraph 2, Commission Implementing Regulation (EU) No 282/2012OJ L 92, 30.3.2012, p. 4. shall apply.4.In the case of designated organisations referred to in paragraph 1, the paying agency may accept a written guarantee from a public authority, in accordance with provisions applied in the Member States, covering an amount equal to the percentage referred to in paragraph 2, provided that that public authority undertakes to pay the amount covered by that guarantee in case the entitlement to the advance paid is not established. Member States may also provide for an instrument of equivalent effect, in accordance with the provisions applied in the Member States, on condition that it ensures the repayment of the advance granted in case the entitlement to it is not established.5.No later than 15 January 2013, Member States shall notify the Commission of the total amount of the advance payments made by 15 October 2012 in accordance with paragraph 2 which have not been cleared and which relate to operations that have not yet been completed by the final beneficiaries.
Article 5This Regulation shall enter into force on the third day following that of its publication in the Official Journal of the European Union.
This Regulation shall be binding in its entirety and directly applicable in all Member States.ANNEX IANNUAL DISTRIBUTION PLAN FOR 2012(a)Total amounts of financial resources broken down per Member State:
(EUR)
Member StateAmount
Belgium11710463
Bulgaria21439346
Czech Republic135972
Estonia2359486
Ireland2594467
Greece21651199
Spain80401345
France70563823
Italy95641425
Latvia5558220
Lithuania7491644
Luxembourg171704
Hungary13715022
Malta721992
Poland75296812
Portugal19332607
Romania60689367
Slovenia2533778
Slovakia5098384
Finland2892944
Total500000000
(b)Quantity of each type of product to be withdrawn from Union intervention stocks for distribution per Member State within the limits set out in point (a) of this Annex:
(tonnes)
Member StateCerealsSkimmed milk powder
Belgium1560,275
Bulgaria39150,874
Czech Republic450,000
Estonia635,325
Ireland727,900
Greece2682,575
Spain10093,975
France249,0408858,925
Italy12337,975
Latvia870,050
Lithuania1032,575
Hungary1807,425
Malta1230,373
Poland9662,825
Portugal2524,725
Romania112527,069
Slovenia287,750
Slovakia8976,092
Finland489,300
Total162583,44853571,600
(c)Indicative allocations to Member States for the purchase of food products on the Union market within the limits set out in point (a) of this Annex:
(EUR)
Member StateAmount
Belgium8346393
Bulgaria14004438
Czech Republic70619
Estonia1136698
Ireland1200145
Greece15656380
Spain57977800
France51172604
Italy68479620
Latvia3736468
Lithuania5281095
Luxembourg161225
Hungary9751550
Malta493784
Poland54100415
Portugal13763634
Romania39979504
Slovenia1883893
Slovakia3590632
Finland1871094
Total352657991
(d)Indicative allocations to Member States for the reimbursement of intra-Union transfer costs within the limits set out in point (a) of this Annex:
(EUR)
Member StateAmount
Bulgaria2300431
Czech Republic12211
Greece126066
Spain401345
France17915
Italy399005
Latvia5509
Hungary61128
Malta63361
Poland205907
Portugal108700
Romania5970071
Slovenia7073
Slovakia305884
Finland15394
Total10000000
ANNEX II(a)Intra-Union transfers of cereals authorised under the distribution plan for the 2012 budget year:
Quantity(in tonnes)HolderRecipient
133989,414Agency for Rural Affairs, FinlandДържавен фонд "Земеделие" — Разплащателна агенция, Bulgaria
25161,460RPA, United KingdomДържавен фонд "Земеделие" — Разплащателна агенция, Bulgaria
3450,000SJV, SwedenSZIF, Czech Republic
41230,373SJV, SwedenMinistry for Resources and Rural Affairs Paying Agency, Malta
516856,043BLE, GermanyAgenția de Plăți și Intervenție pentru Agricultură, Romania
641360,295Agency for Rural Affairs, FinlandAgenția de Plăți și Intervenție pentru Agricultură, Romania
754310,731SJV, SwedenAgenția de Plăți și Intervenție pentru Agricultură, Romania
8147,000FranceAgriMer, FrancePôdohospodárska platobná agentúra, Slovakia
98829,092SJV, SwedenPôdohospodárska platobná agentúra, Slovakia
(b)Intra-Union transfers of skimmed milk powder authorised under the distribution plan for the 2012 budget year:
Quantity(in tonnes)HolderRecipient
12682,575BLE, GermanyOPEKEPE, Greece
2330,350SZIF, Czech RepublicFEGA, Spain
36308,425OFI, IrelandFEGA, Spain
43455,200RPA, United KingdomFEGA, Spain
52118,875RPA, United KingdomFranceAgriMer, France
67904,825BIRB, BelgiumAGEA, Italy
71476,375OFI, IrelandAGEA, Italy
82749,625Dienst Regelingen Roermond, NetherlandsAGEA, Italy
9207,150SJV, SwedenAGEA, Italy
10870,050Lietuvos žemės ūkio ir maisto produktų rinkos reguliavimo agentūra, LithuaniaRural Support Service, Latvia
111807,425RPA, United KingdomMezőgazdasági és Vidékfejlesztési Hivatal, Hungary
123294,150BLE, GermanyARR, Poland
131675,025Lietuvos žemės ūkio ir maisto produktų rinkos reguliavimo agentūra, LithuaniaARR, Poland
144692,825RPA, United KingdomARR, Poland
152524,275RPA, United KingdomIFAP I.P. Portugal
16287,750Dienst Regelingen Roermond, NetherlandsAgencija Republike Slovenije za kmetijske trge in razvoj podeželja, Slovenia
17489,300Dienst Regelingen Roermond, NetherlandsAgency for Rural Affairs, Finland