Commission Implementing Regulation (EU) No 208/2012

of 9 March 2012

amending 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

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)
Article 27 of Regulation (EC) No 1234/2007 as amended by Regulation (EU) No 121/2012 of the European Parliament and of the Council3 has established a scheme whereby food products may be distributed to the most deprived persons in the Union. For that purpose, products in intervention stocks may be made available or, where intervention stocks suitable for the food distribution scheme are not available, food products may be purchased on the market. For 2012 and 2013, that scheme is included in the list of measures eligible for financing by the European Agricultural Guarantee Fund (EAGF) set out in Council Regulation (EC) No 1290/2005 of 21 June 2005 on the financing of the common agricultural policy4, within an annual ceiling of EUR 500 million.
(2)
In accordance with Article 27(3) of Regulation (EC) No 1234/2007 the Commission has to adopt annual plans. The annual distribution plan for 2012 was adopted on 10 June 2011 by Commission Implementing Regulation (EU) No 562/20115 solely on the basis of products available in intervention stocks. The additional resources made available on the 2012 budget year for the distribution of food products to the most deprived persons in the Union, as a result of the amendment of Article 27 of Regulation (EC) No 1234/2007 by Regulation (EU) No 121/2012, should be allocated to the Member States.
(3)
In order to enforce the annual budgetary ceiling, the intra-Union transfer costs, where relevant, should be included into the total financial allocation made available for each Member State to implement the 2012 distribution plan. Moreover, the deadlines fixed by Article 9 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 Union6 for the requests for payment and the execution of payments by the competent authorities should be adjusted, in order to ensure that the resources allocated within the 2012 distribution plan are only eligible for Union support if those payments are made in the 2012 budget year.
(4)

Taking into account the shortened time-frame left to the Member States for the implementation of the 2012 distribution plan as a consequence of the date of entry into force of Regulation (EU) No 121/2012, it is appropriate to grant an extension of the deadlines provided for in Article 3(1) and (3) of Regulation (EU) No 807/2010 as regards the implementation period of the annual plan and the completion of the payment operations for products mobilised on the market.

(5)

That revision of the distribution plan for 2012 being made at a time when national administrative arrangements for the implementation of the plan should be approaching completion, the quantities of products available in intervention stocks which are reallocated following the decision of Finland to renounce to a part of its allocation of skimmed milk powder or to reassessment of the exact quantities in intervention storage should not be taken into account for calculating whether Member States have respected the obligation laid down in the second and third subparagraphs of Article 3(2) of Regulation (EU) No 807/2010 to have withdrawn 70 % of cereals and skimmed milk powder by the deadlines fixed in that Article.

(6)

In view of the fact that the implementation period of the 2012 distribution plan is already advanced and to allow Member States as much time as possible to proceed to the actions needed for the implementation of the amended plan, this Regulation should enter into force on the day of its publication.

(7)

Implementing Regulation (EU) No 562/2011 should therefore be amended accordingly.

(8)

The measures provided for in this Regulation are in accordance with the opinion of the Management Committee for the Common Organisation of Agricultural Markets,

HAS ADOPTED THIS REGULATION:

Article 1

Implementing Regulation (EU) No 562/2011 is amended as follows:

  1. (1)

    Articles 1 and 2 are replaced by the following:

    ‘Article 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.’;

  2. (2)

    the following Articles 2a to 2d are inserted:

    ‘Article 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.’;

  3. (3)

    Annexes I and II are replaced by the text set out in the Annex to this Regulation.

Article 2

This Regulation shall enter into force on the day 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.

Done at Brussels, 9 March 2012.

For the Commission

The President

José Manuel Barroso

ANNEX

‘ANNEX IANNUAL 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’