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

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)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 euro2, 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 Union3, 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maximum financial resources available to carry out its part of the plan, and the quantity of each type of product to be withdrawn from the stocks held by the intervention agencies.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:

F1Article 1

1.

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 2

The 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.

F2Article 2a

By 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 2b

By 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 2c

For 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:

  1. (a)

    5,46 tonnes of cereals stored in the United Kingdom and allocated to Bulgaria;

  2. (b)

    0,651 tonne of cereals stored in Finland and allocated to Bulgaria;

  3. (c)

    249,04 tonnes of cereals stored in France and allocated to France;

  4. (d)

    635,325 tonnes of skimmed milk powder stored in Estonia and allocated to Estonia.

Article 2d

By 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 3

By 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 4

For 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.

F3Article 4a

1.

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 282/2012 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 5

This 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.

F1ANNEX I ANNUAL DISTRIBUTION PLAN FOR 2012

(a)Total amounts of financial resources broken down per Member State:

(EUR)

Member State

Amount

Belgium

11 710 463

Bulgaria

21 439 346

Czech Republic

135 972

Estonia

2 359 486

Ireland

2 594 467

Greece

21 651 199

Spain

80 401 345

France

70 563 823

Italy

95 641 425

Latvia

5 558 220

Lithuania

7 491 644

Luxembourg

171 704

Hungary

13 715 022

Malta

721 992

Poland

75 296 812

Portugal

19 332 607

Romania

60 689 367

Slovenia

2 533 778

Slovakia

5 098 384

Finland

2 892 944

Total

500 000 000

(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 State

Cereals

Skimmed milk powder

Belgium

1 560,275

Bulgaria

39 150,874

Czech Republic

450,0

Estonia

635,325

Ireland

727,9

Greece

2 682,575

Spain

10 093,975

France

249,04

8 858,925

Italy

12 337,975

Latvia

870,05

Lithuania

1 032,575

Hungary

1 807,425

Malta

1 230,373

Poland

9 662,825

Portugal

2 524,725

Romania

112 527,069

Slovenia

287,75

Slovakia

8 976,092

Finland

489,3

Total

162 583,448

53 571,6

(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 State

Amount

Belgium

8 346 393

Bulgaria

14 004 438

Czech Republic

70 619

Estonia

1 136 698

Ireland

1 200 145

Greece

15 656 380

Spain

57 977 800

France

51 172 604

Italy

68 479 620

Latvia

3 736 468

Lithuania

5 281 095

Luxembourg

161 225

Hungary

9 751 550

Malta

493 784

Poland

54 100 415

Portugal

13 763 634

Romania

39 979 504

Slovenia

1 883 893

Slovakia

3 590 632

Finland

1 871 094

Total

352 657 991

(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 State

Amount

Bulgaria

2 300 431

Czech Republic

12 211

Greece

126 066

Spain

401 345

France

17 915

Italy

399 005

Latvia

5 509

Hungary

61 128

Malta

63 361

Poland

205 907

Portugal

108 700

Romania

5 970 071

Slovenia

7 073

Slovakia

305 884

Finland

15 394

Total

10 000 000

ANNEX II

(a)Intra-Union transfers of cereals authorised under the distribution plan for the 2012 budget year:

Quantity(in tonnes)

Holder

Recipient

1

33 989,414

Agency for Rural Affairs, Finland

Държавен фонд ‘Земеделие’ — Разплащателна агенция, Bulgaria

2

5 161,46

RPA, United Kingdom

Държавен фонд ‘Земеделие’ — Разплащателна агенция, Bulgaria

3

450,0

SJV, Sweden

SZIF, Czech Republic

4

1 230,373

SJV, Sweden

Ministry for Resources and Rural Affairs Paying Agency, Malta

5

16 856,043

BLE, Germany

Agenția de Plăți și Intervenție pentru Agricultură, Romania

6

41 360,295

Agency for Rural Affairs, Finland

Agenția de Plăți și Intervenție pentru Agricultură, Romania

7

54 310,731

SJV, Sweden

Agenția de Plăți și Intervenție pentru Agricultură, Romania

8

147,0

FranceAgriMer, France

Pôdohospodárska platobná agentúra, Slovakia

9

8 829,092

SJV, Sweden

Pôdohospodárska platobná agentúra, Slovakia

(b)Intra-Union transfers of skimmed milk powder authorised under the distribution plan for the 2012 budget year:

Quantity(in tonnes)

Holder

Recipient

1

2 682,575

BLE, Germany

OPEKEPE, Greece

2

330,35

SZIF, Czech Republic

FEGA, Spain

3

6 308,425

OFI, Ireland

FEGA, Spain

4

3 455,2

RPA, United Kingdom

FEGA, Spain

5

2 118,875

RPA, United Kingdom

FranceAgriMer, France

6

7 904,825

BIRB, Belgium

AGEA, Italy

7

1 476,375

OFI, Ireland

AGEA, Italy

8

2 749,625

Dienst Regelingen Roermond, Netherlands

AGEA, Italy

9

207,15

SJV, Sweden

AGEA, Italy

10

870,05

Lietuvos žemės ūkio ir maisto produktų rinkos reguliavimo agentūra, Lithuania

Rural Support Service, Latvia

11

1 807,425

RPA, United Kingdom

Mezőgazdasági és Vidékfejlesztési Hivatal, Hungary

12

3 294,15

BLE, Germany

ARR, Poland

13

1 675,025

Lietuvos žemės ūkio ir maisto produktų rinkos reguliavimo agentūra, Lithuania

ARR, Poland

14

4 692,825

RPA, United Kingdom

ARR, Poland

15

2 524,275

RPA, United Kingdom

IFAP I.P. Portugal

16

287,75

Dienst Regelingen Roermond, Netherlands

Agencija Republike Slovenije za kmetijske trge in razvoj podeželja, Slovenia

17

489,3

Dienst Regelingen Roermond, Netherlands

Agency for Rural Affairs, Finland