EN Official Journal of the European Union L 134/15

COMMISSION IMPLEMENTING REGULATION (EU) No 499/2011

of 18 May 2011

amending Regulation (EU) No 945/2010 adopting the plan allocating to the Member States resources to be charged to the 2011 budget year for the supply of food from intervention stocks for the benefit of the most deprived persons in the EU 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) A number of Member States have informed the Commission in accordance with Article 3(5) 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 (3) that they shall not be able to use certain quantities of products allocated to them under the 2011 plan adopted by Commission Regulation (EU) No 945/2010 (4).

(2) In accordance with Article 3(5) of Regulation (EU) No 807/2010 the Commission may allocate the available resources to other Member States on the basis of their applications and their actual use of products made available and allocations made during previous financial years.

(3) This revision of the plan for 2011 being made at a time when national administrative arrangements for the implementation of the plan should be approaching completion, it is appropriate that the reallocated quantities are not taken into account for calculating whether Member States have respected their obligation laid down in the first paragraph of Article 5 of Regulation (EU) No 945/2010 and in the second subparagraph of Article 3(2) of Regulation (EU) No 807/2010 to have withdrawn 70 % of cereals by the deadlines fixed therein.

(4) Regulation (EU) No 945/2010 should therefore be amended accordingly.

(5) The Management Committee for the Common Organization of the Agricultural Markets has not delivered an opinion within the time limit set by its Chair,

HAS ADOPTED THIS REGULATION:

Article 1

Regulation (EU) No 945/2010 is amended as follows:

(a) In Article 5, the following paragraph is added: ‘For the 2011 distribution plan, the first paragraph of this Article and the first sentence of the second subparagraph of Article 3(2) of Regulation (EU) No 807/2010 shall not apply to the following quantities of cereals stored in Finland: — 12 856 tonnes allocated to Italy and — 306 tonnes allocated to Slovenia.’

(b) Annex I and III are amended in accordance with the Annex to this Regulation.

Article 2

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. Done at Brussels, 18 May 2011. For the Commission, On behalf of the President, José Manuel SILVA RODRÍGUEZ Director-General for Agriculture and Rural Development

(1) OJ L 299, 16.11.2007, p. 1.

(2) OJ L 349, 24.12.1998, p. 1.

(3) OJ L 242, 15.9.2010, p. 9.

(4) OJ L 278, 22.10.2010, p. 1.