CELEX: 32012R0208
Language: en
Date: 2012-03-09 00:00:00
Title: 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

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
                                 
                              
                  ’