9.11.2005 EN Official Journal of the European Union L 293/3
COMMISSION REGULATION (EC) No 1819/2005
of 8 November 2005
adopting a plan allocating resources to the Member States to be charged against 2006 budget year 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
,
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,
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) 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 (3), the Commission has to adopt a distribution plan to be financed from resources available in the 2006 budget year. The plan should lay 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maximum financial resources available to carry out its part of the plan, and the quantity of each type of product to be withdrawn from the stocks held by the intervention agencies.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) The Member States involved in the plan for 2006 have supplied the information required in accordance with Article 1 of Regulation (EEC) No 3149/92.
(3) For the purposes of resource allocation, account must be taken of experience and of the degree to which the Member States have used the resources allocated to them in previous years.
(4) Article 2(3)(1)(c) of Regulation (EEC) No 3149/92 provides for the making of grants for the purchase on the market of products temporarily unavailable in intervention stocks. Since stocks of skimmed-milk powder currently held by intervention agencies are very low and arrangements have already been made for their sale on the market, it is necessary to fix the grant in order to allow skimmed-milk powder required for the 2006 plan to be purchased on the market. Furthermore, specific provisions need to be introduced to ensure that the supply contract is properly carried out.
(5) Article 7(1) of Regulation (EEC) No 3149/92 provides for the transfer between Member States of products unavailable in intervention stocks of the Member State where such products are required for the implementation of an annual plan. The intra-Community transfers necessary to carry through the 2006 plan should therefore be authorised subject to the conditions provided for in Article 7 of Regulation (EEC) No 3149/92.
(6) To implement the plan, the operative event within the meaning of Article 3 of Regulation (EC) No 2799/98 should be the date on which the financial year for administration of stocks in public storage starts.
(7) In accordance with Article 2(2) of Regulation (EEC) No 3149/92 the Commission has consulted the major organisations familiar with the problems of the most deprived persons in the Community when drawing up the plan.
(8) The measures provided for in this Regulation are in accordance with the opinions of all the relevant management committees,
For 2006, the distribution of foodstuffs for the benefit of the most deprived persons in the Community under Regulation (EEC) No 3730/87 shall be supplied in accordance with the distribution plan set out in Annex I to this Regulation.
1.   The grants to Member States for the purchase on the market of skimmed-milk powder required for the plan referred to in Article 1 are fixed in Annex II.
2.   The award to the successful tenderer of the contract for the supply of the skimmed-milk powder referred to in paragraph 1 is subject to the provision by the tenderer of a security equivalent to the offer price, made out in the name of the intervention agency.
The intra-Community transfer of products listed in Annex III to this Regulation are hereby authorised subject to the conditions provided for in Article 7 of Regulation (EEC) No 3149/92.
In order to implement the plan referred to in Article 1 of this Regulation, the date of the operative event referred to in Article 3 of Regulation (EC) No 2799/98 shall be 1 October 2005.
This Regulation shall enter into force on the 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.