EN Official Journal of the European Union L 206/5

COMMISSION REGULATION (EC) No 937/2007

of 6 August 2007

amending Regulation (EC) No 1539/2006 adopting a plan allocating resources to the Member States to be charged against 2007 budget year for the supply of food from intervention stocks for the benefit of the most deprived persons in the Community, and derogating from Regulation (EEC) No 3149/92

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Regulation (EEC) No 3730/87 of 10 December 1987 laying down the general rules for the supply of food from intervention stocks to designated organisations for distribution to the most deprived persons in the Community (1), and in particular Article 6 thereof,

Whereas:

(1) In accordance with Article 2 of Commission Regulation (EEC) No 3149/92 of 29 October 1992 laying down detailed rules for the supply of food from intervention stocks for the benefit of the most deprived persons in the Community (2), the Commission adopted, by Commission Regulation (EC) No 1539/2006 (3), a plan allocating resources to the Member States to be charged against the 2007 budget year for the supply of food from intervention stocks for the benefit of the most deprived persons in the Community. The plan lays 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maximum financial resources available to carry out its part of the plan, and the quantity of each type of product to be withdrawn from the stocks held by the intervention agencies.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) Article 3(3) of Regulation (EEC) No 3149/92 requires a revision of the annual plan when changes occurring during its implementation by the Member States concern 5 % or more of the quantities or values entered per product in the Community plan.

(3) The under-utilisation of butter notified to the Commission concerns more than 5 % of the value of the total butter quantity in the annual plan 2007. Furthermore, certain cereals and sugar quantities are no longer required for the 2007 plan.

(4) In accordance with Article 3(4) of Regulation (EEC) No 3149/92, the newly available resources should be allocated to other Member States on the basis of their applications.

(5) During the withdrawal operations of rice held in Greek intervention, it was discovered that the available quantities were not sufficient to allow for the full implementation of the annual plan in Greece. It is therefore necessary to adapt the allocation of intervention products or grants for the purchase on the market of products temporarily unavailable in intervention stocks.

(6) The first and second subparagraphs of Article 3(2) of Regulation (EEC) No 3149/92 set the deadlines for withdrawal of the products from intervention stocks. As the modification of the plan allocates to Poland supplementary quantities of 203 tonnes of cereals and 3 224 tonnes of sugar and to Slovenia a supplementary quantity of 1 000 tonnes of cereals to be withdrawn from intervention stocks, it is appropriate to derogate from those deadlines as regards those quantities.

(7) Regulation (EC) No 1539/2006 should therefore be amended accordingly.

(8) The measures provided for in this Regulation are in accordance with the opinion of the Management Committee for cereals,

HAS ADOPTED THIS REGULATION:

Article 1

The annexes to Regulation (EC) No 1539/2006 are amended in accordance with the Annex to this Regulation.

Article 2

By way of derogation from Article 3 of Regulation (EEC) No 3149/92, the deadlines provided for in the first subparagraph and in the first and in the fourth sentences of the second subparagraph of that Article shall not apply for the supplementary quantities of 1 203 tonnes of cereals and 3 224 tonnes of sugar allocated pursuant to the Annex to this Regulation.

Article 3

This Regulation shall enter into force on the 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. Done at Brussels, 6 August 2007. For the Commission Jean-Luc DEMARTY Director-General for Agriculturel and Rural Development

(1) OJ L 352, 15.12.1987, p. 1. Regulation as amended by Regulation (EC) No 2535/95 (OJ L 260, 31.10.1995, p. 3).

(2) OJ L 313, 30.10.1992, p. 50. Regulation as last amended by Regulation (EC) No 758/2007 (OJ L 172, 30.6.2007, p. 47).

(3) OJ L 283, 14.10.2006, p. 14. Regulation as amended by Regulation (EC) No 306/2007 (OJ L 81, 22.3.2007, p. 22).