Commission Regulation (EC) No 1127/2007 of 28 September 2007 amending Regulation (EEC) No 3149/92 laying down detailed rules for the supply of food from intervention stocks for the benefit of the most deprived persons in the Community
Date: 2007-09-28
Institutions: European Commission
Subjects: EU aid, aid to disadvantaged groups, food aid, foodstuff, intervention stock

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Official Journal of the European Union

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COMMISSION REGULATION (EC) No 1127/2007

of 28 September 2007

amending Regulation (EEC) No 3149/92 laying down detailed rules for the supply of food from
intervention stocks for the benefit of the most deprived persons in the Community

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

ambiguities regarding the act signalling the start of that
period, the wording of that provision should be made
more precise.

(4)

(5)

(6)

(7)

Having regard to the Treaty
Community,

establishing the European

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)

(2)

(3)

of

In recent years the free distribution of foodstuffs under
Regulation (EEC) No 3730/87 has proved highly
in a
successful and of huge value to beneficiaries
growing number
States.
However, audits have shown the need for certain
amendments to the wording of Commission Regulation
(EEC) No 3149/92 (2). In addition, the circumstances of
the
it
necessary to amend a number of the rules governing
the implementation of the programme.

agricultural market have

participating Member

changed, making

Article 1(1) of Regulation (EEC) No 3149/92 lays down
that those Member States wishing to take part in the next
annual plan for the distribution of food for the most
deprived persons must inform the Commission by 15
February. To facilitate budget planning, that date should
be brought forward to 1 February.

The first, second and third subparagraphs of Article 3(2)
of Regulation (EEC) No 3149/92 specify certain time
limits for the withdrawal of products from intervention
stocks with which the Member State to which these
stocks were assigned must comply. In order to improve
compliance with these time limits it should be laid down
that, in the event of failure to comply with the time limit,
storage charges will no longer be covered by the
Community budget. The fourth subparagraph of Article
3(2) of
intervention
products must be withdrawn within sixty days from
the date of the award of the tender to the successful
tenderer. Given that some language versions contain

that Regulation stipulates

that

(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 Regu-

lation (EC) No 758/2007 (OJ L 172, 30.6.2007, p. 47).

Regulation (EEC) No 3149/92 does not specify a time
limit for operations to mobilise products on the market
under Article 2(3)(c) and (d)
thereof. Products may
therefore be mobilised until the end of the programme
implementation period. A time limit which ensures
consistency with the budget year should be established
for these operations. It is also appropriate, within the
framework of these operations, to lay down provisions
regarding securities in order to ensure the satisfactory
performance of the supply contract.

Given that the third indent of the second subparagraph
of Article 4(2)(a) of Regulation (EEC) No 3149/92
provides for the possibility of obtaining processed agri-
cultural products or foodstuffs on the market by the use
of products
should be
from intervention stocks,
specified that this possibility is part of the normal imple-
mentation of the plan. Due to the sharp reduction in
intervention products available in stock,
it should be
specified that it is sufficient for the foodstuffs obtained
to contain an ingredient belonging to the same product
group as the intervention product.

it

range of

and expand the

To respond more effectively to the needs of charitable
organisations
foodstuffs
supplied, it has been laid down that products from inter-
vention stocks may be incorporated into other products
for the purposes of manufacturing foodstuffs. Due to the
sharp reduction in the range of intervention products
the obligation to maintain a
available
minimum content of intervention product in the final
product should be rescinded.

in stock,

Article 4(1)(b) of Regulation (EEC) No 3149/92 provides
for the possibility of mobilising on the market a product
belonging to the same group as the product temporarily
unavailable in the intervention stocks. Under the third
indent of the second subparagraph of Article 4(2)(a) of
the abovementioned Regulation, processed agricultural
products or foodstuffs may be obtained by supplying
for payment products belonging to the same group of
products from intervention stocks. These possibilities
should be included in the rules on the processing of
intervention products laid down in Article 4(2a) of that
Regulation. At the same time, and in the interests of
clarity,
the structure of Article 4(1) should also be
amended.

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(8)

(9)

To clarify the application of the provisions concerning
the release of securities in the event of failure to comply
with the second requirement, the rules on the application
of reductions, in accordance with Article 23(2)(a) and the
third indent of Article 23(2)(b) of Commission Regu-
lation (EEC) No 2220/85 of 22 July 1985 laying down
common detailed rules for the application of the system
for agricultural products (1),
should be
of
defined.

securities

(13)

(14)

Under the second subparagraph of Article 4(4) of Regu-
lation (EEC) No 3149/92, the Member States are required
to send the Commission the models of the invitations to
tender before the commencement of the plan implemen-
tation period. This requirement unnecessarily complicates
the management of the scheme and should be abolished.

sufficiently aware of

Experience has shown that European Union citizens are
not
role played by the
Community in food aid for disadvantaged sections of
the population. As a result, it should be laid down that
the European Union flag must appear on the packaging.

the

The stages of the distribution chain to which the checks
provided for in the first subparagraph of Article 9(2) of
Regulation (EEC) No 3149/92 apply should be more
precisely stipulated. The penalties to be applied in the
event of shortcomings or irregularities by the various
bodies involved in distribution should also be specified.

(15)

Regulation (EEC) No 3149/92 should be amended
accordingly.

(10) As a result of changes to the wording of Article 2(3) of
Regulation (EEC) No 3149/92 certain references to that
paragraph should be changed in order to ensure clarity.

(16)

The Management Committee
for Cereals has not
delivered an opinion within the time limit set by its
chairman,

(11) Article 7 of Regulation (EEC) No 3149/92 lays down the
procedures to be followed in the event of transfers. Since
transfers require close cooperation between the Member
State of destination and the supplier Member State, the
supplier Member State should facilitate the operations in
question as far as possible so that the time limits laid
down in Article 3(2) of that Regulation can be met and
that operations can be carried out in accordance with
Article 2 of Commission Regulation (EC) No 884/2006
of 21 June 2006 laying down detailed rules for the
application of Council Regulation (EC) No 1290/2005
as regards the financing by the European Agricultural
Guarantee Fund (EAGF) of intervention measures in the
form of public storage operations and the accounting of
public storage operations by the paying agencies of the
Member States (2). In that context, it should be specified
that a removal order issued by the intervention agency of
the Member State of destination is the document required
for placing the products at the disposal of the supply
contractor by the intervention agency of the supplier
Member State. Furthermore, in order to ensure that with-
drawal from stocks is controlled, it should be laid down
the supplier Member
that
the
State must
the
Member State of destination of
operation to withdraw products from intervention stocks.

inform the competent authority of
end of

the intervention agency of

the

(12) Article 8a of Regulation (EEC) No 3149/92 specifying
rules for payment does not cover cases of incomplete
payment requests. Rules and penalties to be applied in
such cases should be laid down. Provision should also be
made for Community measures to be taken in the event
of late payment.

(1) OJ L 205, 3.8.1985, p. 5. Regulation as last amended by Regulation

(EC) No 1913/2006 (OJ L 365, 21.12.2006, p. 52).

(2) OJ L 171, 23.6.2006, p. 35. Regulation as amended by Regulation

(EC) No 721/2007 (OJ L 164, 26.6.2007, p. 4).

HAS ADOPTED THIS REGULATION:

Article 1

Regulation (EEC) No 3149/92 is hereby amended as follows:

1. In Article 1(1), ‘15 February’ is replaced by ‘1 February’;

2. Article 3 is amended as follows:

(a)

in paragraph 2, the fourth subparagraph is replaced by
the following subparagraphs:

‘If the time limits provided for in the first, second and
third subparagraphs are exceeded, the costs of storing the
intervention products shall no longer be covered by the
Community. This provision shall not apply to products
which have not been withdrawn from intervention
stocks on 30 September of the year of implementation
of the plan.

The products to be withdrawn must be removed from
the date on
intervention stocks within sixty days of
which the successful tenderer to whom the supply is
assigned signs the contract or, in the case of transfers,
within sixty days from the notification by the Member
State of destination to the competent authority of the
supplier Member State.’;

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(b) the following paragraph 2a is inserted:

i) point (a) is amended as follows:

‘2a.
Payment operations for products to be supplied
in the case of products to be
by the operator must,
mobilised on the market under Article 2(3)(c) and (d),
be closed before 1 September of the year of implemen-
tation of the plan.’;

3. Article 4 is amended as follows:

(a) paragraph 1 is replaced by the following paragraphs 1

and 1a:

‘1.

Implementation of the plan shall comprise:

(a)

the supply of products withdrawn from intervention
stocks;

(b) the supply of products mobilised on the Community

market under Article 2(3)(c) and (d);

(c)

the supply of processed agricultural products or
foodstuffs available or obtainable on the market by
supplying for payment products from intervention
stocks.

1a.
Those products referred to in paragraph 1(b)
which are mobilised on the market must belong to the
temporarily
same product
unavailable in the intervention stocks.

the product

group as

However, where no rice is available in the intervention
stocks, the Commission may authorise the removal of
cereals from intervention stocks as payment
for the
supply of rice or rice products mobilised on the market.

Similarly, where no cereals are available in the inter-
vention stocks,
the Commission may authorise the
removal of rice from intervention stocks as payment
for the supply of cereals or cereal products mobilised
on the market.

A given product may be mobilised on the market only if
all the quantities of product in the same group to be
withdrawn from intervention stocks for supply purposes
in application of Article 2(3)(1)(b), including quantities to
be transferred in application of Article 7, have already
been allocated. The competent national authority shall
inform the Commission of the opening of mobilisation
procedures on the market.’

(b) paragraph 2 is amended as follows:

— the third indent of the second subparagraph is

replaced by the following:

‘— or

the quantity of processed agricultural
products or foodstuffs available or obtainable
on the market by supplying for payment
products
these
from intervention stocks;
ingredient
contain
foodstuffs must
belonging to the same group of products as
the
as
payment.’;

intervention

supplied

product

an

— the fifth subparagraph is replaced by the following

text:

for

‘Where the supply involves the processing and/or
packaging of the product, the invitation to tender
shall refer to the obligation of
the successful
bidder to lodge a security, before taking over
the products,
the intervention agency in
accordance with Title III of Commission Regu-
lation (EEC) No 2220/85 (*),
for an amount
equal to the intervention price applicable on the
day fixed for taking over the product plus 10 % of
that price. For the purposes of Title V of that
Regulation, the primary requirement shall be to
supply the product at the stipulated destination.
In the event of delivery after the end of the imple-
mentation period of the plan specified in Article
3(1), the security forfeited shall be 15 % of the
secured amount. The remainder of the security
shall also be forfeited at an additional 2 % per
day of delay. This subparagraph shall not apply
where the product withdrawn from the inter-
vention stocks is made available to the supply
contractor as payment for supply already carried
out.

___________
(*) OJ L 205, 3.8.1985, p. 5.’;

ii) the following is added to the first subparagraph of

point (b):

‘The supply contract
is awarded to the selected
tenderer subject to the latter depositing a security
the amount of his tender
equivalent
to 110 % of
and established in the name of
the intervention
agency,
in accordance with Title III of Regulation
(EEC) No 2220/85’.

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(c) paragraph 2a is replaced by the following:

5. The following paragraphs are added to Article 8a:

‘2a.
Products from intervention or mobilised on the
market under Article 2(3)(c) and (d) or point c of the
first subparagraph of paragraph 1 of this Article may be
incorporated into or added to other products mobilised
on the market
food to be
supplied for the purposes of implementing the plan.’;

the manufacture of

for

(d) in paragraph 4, the second subparagraph is deleted;

4. Article 7 is amended as follows:

(a)

in paragraph 2, the third sentence is replaced by the
following:

‘The expenditure shall be set off against
priations referred to in Article 2(3)(2).’;

the appro-

(b) paragraph 5 is replaced by the following:

‘5.
In the case of transfer, the Member State of desti-
nation shall provide the supplier Member State with the
name of
the
operation.

the person contracted to carry out

The intervention agency of the Member State supplying
the products shall make them available to the person
contracted to carry out
the supply or his/her duly
authorised agent, on presentation of a removal order
issued by the intervention agency of the Member State
of destination.

The competent authority shall ensure that
have been insured appropriately.

the goods

Dispatch declarations issued by the intervention agency
of the supplier Member State shall
include one of the
entries given in Annex I.

as

The intervention agency of the supplier Member State
competent
shall,
soon as possible, notify the
authority of
the
the Member State of destination of
date on which the withdrawal operation is to end.

Intra-Community transport costs shall be paid by the
Member State of destination of the products concerned
for the quantities actually taken over.’

the time limit provided for

‘However,
in the event of serious flaws in the supporting
in the second
documents,
paragraph may be suspended by notification in writing to
the operator or the organisation designated to distribute
products. The time limit shall continue to run from the
date of receipt of the documents requested, which must be
forwarded within 30 calendar days. If these documents are
not sent within this period, the reduction specified in the
first paragraph shall apply.

Except in cases of force majeure and taking account of the
option of suspension provided for in the third paragraph,
two months
failure to comply with the time limit of
stipulated in the
in a
result
second paragraph shall
reduction in the amount to be reimbursed to the Member
State in accordance with the rules laid down in Article 9 of
Commission Regulation (EC) No 883/2006 (*).
___________
(*) OJ L 171, 23.6.2006, p. 1.’;

6. Article 9 is amended as follows:

(a) paragraph 1(b) is replaced by the following:

‘(b) the words “EC aid”, accompanied by the European
Union flag following the instructions given in Annex
II, shall be clearly visible on the packaging of goods
which are not delivered in bulk to the beneficiaries;’;

(b) the first subparagraph of paragraph 2 is replaced by the

following:

‘Checks by the competent authorities

2.
shall be
carried out when the products are taken over on their
release from intervention storage or, where appropriate,
as from the mobilisation of the products on the market
under Article 2(3)(c) and (d) or Article 4(1)(c) at all
levels
stages of implementation of the plan and at all
of
be
performed throughout the plan implementation period,
at all stages including the local level.’;

distribution chain. The

checks

shall

the

(c) paragraph 3 is replaced by the following:

take all

The Member States shall

‘3.
the measures
needed to ensure that the plan is properly implemented
and to anticipate and penalise irregularities. To this end
they may,
in particular, suspend the participation of
operators in the competitive tendering procedure or
organisations designated for distribution in the annual
plans, depending on the nature and seriousness of the
shortcomings or irregularities found.’;

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7. The Annex becomes Annex I and its title is replaced by the following:

‘Entries referred to in the fourth subparagraph of Article 7(5)’;

8. The Annex to this Regulation is added as Annex II.

Article 2

This Regulation shall enter into force on the third day following 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, 28 September 2007.

For the Commission

Mariann FISCHER BOEL
Member of the Commission

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ANNEX

‘ANNEX II

INSTRUCTIONS FOR CREATING THE EMBLEM AND A DEFINITION OF THE STANDARD COLOURS

1. Heraldic description

On an azure field a circle of 12 golden mullets, their points not touching.

2. Geometric description

The emblem is in the form of a blue rectangular flag of which the fly is one and a half times the length of the hoist.
Twelve golden stars situated at equal intervals form an invisible circle whose centre is the point of intersection of the
diagonals of the rectangle. The radius of the circle is equal to one-third of the height of the hoist. Each of the stars has
five points which are situated on the circumference of an invisible circle whose radius is equal to one-eighteenth of the
height of the hoist. All the stars are upright — that is to say, with the one point vertical and two points in a straight
line at right angles to the mast. The circle is arranged so that the stars appear in the position of the hours on the face
of a clock. Their number is invariable.

3. Regulation colours

The emblem is in the following colours: PANTONE REFLEX BLUE for the surface of the rectangle; PANTONE
YELLOW for the stars. The international PANTONE range is very widely available and easily accessible even for
non-professionals.

Four-colour reproduction process: If the four-colour process is used, it is not possible to use the two standard colours.
It is therefore necessary to recreate them by using the four colours of the four-colour process. PANTONE YELLOW is
obtained by using 100 % “Process Yellow”. By mixing 100 % “Process Cyan” and 80 % “Process Magenta” one can get a
colour very similar to PANTONE REFLEX BLUE.

Monochrome reproduction process: If only black is available, outline the rectangle in black and print the stars in black
and white. In the event that blue is the only colour available (it must be Reflex Blue, of course), use it 100 % with the
stars reproduced in negative white and the field 100 % blue.

Reproduction on coloured background: It is preferable for the emblem to be reproduced on a white background.
Avoid a background of varied colours, and in any case one which does not go with blue. If there should be no
alternative to a coloured background, put a white border around the rectangle, with the width of this being equal to
one twenty-fifth of the height of the rectangle.’