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 euro(2), 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 Council(3) 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 policy(4), 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 562/2011(5) 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 Union(6) 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 1U.K.

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

(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)

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:

(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 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)

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

Article 2U.K.

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

ANNEXU.K.

ANNEX I ANNUAL DISTRIBUTION PLAN FOR 2012

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

(EUR)
Member StateAmount
Belgium11 710 463
Bulgaria21 439 346
Czech Republic135 972
Estonia2 359 486
Ireland2 594 467
Greece21 651 199
Spain80 401 345
France70 563 823
Italy95 641 425
Latvia5 558 220
Lithuania7 491 644
Luxembourg171 704
Hungary13 715 022
Malta721 992
Poland75 296 812
Portugal19 332 607
Romania60 689 367
Slovenia2 533 778
Slovakia5 098 384
Finland2 892 944
Total500 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:U.K.

(tonnes)
Member StateCerealsSkimmed milk powder
Belgium1 560,275
Bulgaria39 150,874
Czech Republic450,0
Estonia635,325
Ireland727,9
Greece2 682,575
Spain10 093,975
France249,048 858,925
Italy12 337,975
Latvia870,05
Lithuania1 032,575
Hungary1 807,425
Malta1 230,373
Poland9 662,825
Portugal2 524,725
Romania112 527,069
Slovenia287,75
Slovakia8 976,092
Finland489,3
Total162 583,44853 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:U.K.

(EUR)
Member StateAmount
Belgium8 346 393
Bulgaria14 004 438
Czech Republic70 619
Estonia1 136 698
Ireland1 200 145
Greece15 656 380
Spain57 977 800
France51 172 604
Italy68 479 620
Latvia3 736 468
Lithuania5 281 095
Luxembourg161 225
Hungary9 751 550
Malta493 784
Poland54 100 415
Portugal13 763 634
Romania39 979 504
Slovenia1 883 893
Slovakia3 590 632
Finland1 871 094
Total352 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:U.K.

(EUR)
Member StateAmount
Bulgaria2 300 431
Czech Republic12 211
Greece126 066
Spain401 345
France17 915
Italy399 005
Latvia5 509
Hungary61 128
Malta63 361
Poland205 907
Portugal108 700
Romania5 970 071
Slovenia7 073
Slovakia305 884
Finland15 394
Total10 000 000

ANNEX II

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

Quantity(in tonnes)HolderRecipient
133 989,414Agency for Rural Affairs, FinlandДържавен фонд "Земеделие" — Разплащателна агенция, Bulgaria
25 161,46RPA, United KingdomДържавен фонд "Земеделие" — Разплащателна агенция, Bulgaria
3450,0SJV, SwedenSZIF, Czech Republic
41 230,373SJV, SwedenMinistry for Resources and Rural Affairs Paying Agency, Malta
516 856,043BLE, GermanyAgenția de Plăți și Intervenție pentru Agricultură, Romania
641 360,295Agency for Rural Affairs, FinlandAgenția de Plăți și Intervenție pentru Agricultură, Romania
754 310,731SJV, SwedenAgenția de Plăți și Intervenție pentru Agricultură, Romania
8147,0FranceAgriMer, FrancePôdohospodárska platobná agentúra, Slovakia
98 829,092SJV, SwedenPôdohospodárska platobná agentúra, Slovakia

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

Quantity(in tonnes)HolderRecipient
12 682,575BLE, GermanyOPEKEPE, Greece
2330,35SZIF, Czech RepublicFEGA, Spain
36 308,425OFI, IrelandFEGA, Spain
43 455,2RPA, United KingdomFEGA, Spain
52 118,875RPA, United KingdomFranceAgriMer, France
67 904,825BIRB, BelgiumAGEA, Italy
71 476,375OFI, IrelandAGEA, Italy
82 749,625Dienst Regelingen Roermond, NetherlandsAGEA, Italy
9207,15SJV, SwedenAGEA, Italy
10870,05Lietuvos žemės ūkio ir maisto produktų rinkos reguliavimo agentūra, LithuaniaRural Support Service, Latvia
111 807,425RPA, United KingdomMezőgazdasági és Vidékfejlesztési Hivatal, Hungary
123 294,15BLE, GermanyARR, Poland
131 675,025Lietuvos žemės ūkio ir maisto produktų rinkos reguliavimo agentūra, LithuaniaARR, Poland
144 692,825RPA, United KingdomARR, Poland
152 524,275RPA, United KingdomIFAP I.P. Portugal
16287,75Dienst Regelingen Roermond, NetherlandsAgencija Republike Slovenije za kmetijske trge in razvoj podeželja, Slovenia
17489,3Dienst Regelingen Roermond, NetherlandsAgency for Rural Affairs, Finland