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) , 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 , 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 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 , 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 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 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. 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:
  1. 5,46 tonnes of cereals stored in the United Kingdom and allocated to Bulgaria;
  2. 0,651 tonne of cereals stored in Finland and allocated to Bulgaria;
  3. 249,04 tonnes of cereals stored in France and allocated to France;
  4. 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 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 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
OJ L 299, 16.11.2007, p. 1.
OJ L 349, 24.12.1998, p. 1.
OJ L 44, 16.2.2012, p. 1.
OJ L 209, 11.8.2005, p. 1.
OJ L 152, 11.6.2011, p. 24.
OJ L 242, 15.9.2010, p. 9.