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
Date: 2012-03-09
Institutions: European Commission
Subjects: aid to disadvantaged groups, cereals, distribution of EU funding, food aid, intervention stock, nutritional needs, skimmed milk powder




L_2012072EN.01003201.xml










10.3.2012   


EN


Official Journal of the European Union


L 72/32








            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 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:






(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 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
            





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

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

(3)  
            OJ L 44, 16.2.2012, p. 1.

(4)  
            OJ L 209, 11.8.2005, p. 1.

(5)  
            OJ L 152, 11.6.2011, p. 24.

(6)  
            OJ L 242, 15.9.2010, p. 9.




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


450,000 


 




Estonia


 


635,325 




Ireland


 


727,900 




Greece


 


2 682,575 




Spain


 


10 093,975 




France


249,040 


8 858,925 




Italy


 


12 337,975 




Latvia


 


870,050 




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


 


287,750 




Slovakia


8 976,092 


 




Finland


 


489,300 




Total


162 583,448 


53 571,600 
















(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


5 161,460 


RPA, United Kingdom


Държавен фонд "Земеделие" — Разплащателна агенция, Bulgaria




3


450,000 


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


147,000 


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


330,350 


SZIF, Czech Republic


FEGA, Spain




3


6 308,425 


OFI, Ireland


FEGA, Spain




4


3 455,200 


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


207,150 


SJV, Sweden


AGEA, Italy




10


870,050 


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


3 294,150 


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


287,750 


Dienst Regelingen Roermond, Netherlands


Agencija Republike Slovenije za kmetijske trge in razvoj podeželja, Slovenia




17


489,300 


Dienst Regelingen Roermond, Netherlands


Agency for Rural Affairs, Finland






’