Commission Regulation (EU) No 945/2010 of 21 October 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

COMMISSION REGULATION (EU) No 945/2010

of 21 October 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) ([^E0001]), and in particular Article 43(f) and (g), 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 ([^E0002]), and in particular Article 3(2) thereof,

Whereas:

• (1) In accordance with Article 2 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 ([^E0003]), the Commission has to adopt a distribution plan to be financed from resources available in the 2011 budget year. That plan has to 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maximum financial resources available to carry out its part of the plan, and the quantity of each type of product to be withdrawn from the stocks held by the intervention agencies.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 distribution plan for the 2011 budget year have supplied the Commission with the information required in accordance with Article 1 of Regulation (EU) No 807/2010.

• (3) For the purposes of resource allocation, account must be taken of experience and of the degree to which the Member States used the resources allocated to them in previous years.

• (4) Point (a), (iii) of Article 2(3) of Regulation (EU) No 807/2010 provides for the allocation of resources for the purchase on the market of products temporarily unavailable in intervention stocks. Given that the stocks of butter currently held by the intervention agencies are not sufficient to cover the allocations, resource allocations should be fixed to enable the purchase on the market as required to implement the distribution plan for the 2011 budget year.

• (5) Article 4 of Regulation (EU) No 807/2010 provides that, where no rice is available in intervention stocks, the Commission may authorise the removal of cereals from the intervention stocks as payment for the supply of rice or rice products mobilised on the market. Accordingly, given that there are currently no intervention stocks of rice, the removal of cereals from intervention stocks as payment for mobilising rice products in the market should be authorised.

• (6) Article 8(1) of Regulation (EU) No 807/2010 provides for the transfer between Member States of products unavailable in the intervention stocks of the Member State in which such products are required to implement the annual distribution plan. Accordingly, the intra-EU transfers necessary to implement that plan for 2011 should be authorised, subject to the conditions laid down in Article 8 of Regulation (EU) No 807/2010.

• (7) Furthermore, in view of the market situation as regards cereals and in order to enable the Commission to manage cereal intervention stocks in an efficient and timely manner, it is appropriate, in case of intra-EU transfers, that supplier Member States swiftly inform the Commission about the quantities of each type of cereal kept in intervention in their territory that they will reserve for the purpose of implementing the 2011 distribution plan.

• (8) Taking into account the complexity of the implementation of the 2011 distribution plan requiring a high volume of intra-EU transfers, it is appropriate to increase the 5 % margin provided in Article 3(4) of Regulation (EU) No 807/2010.

• (9) In order to ensure that products from the intervention stocks do not enter the market at an inappropriate moment during the year, the time periods provided for in the first, second and third subparagraphs of Article 3(2) of Regulation (EU) No 807/2010 during which products may be withdrawn from the intervention stocks should be shortened.

• (10) Taking into account the high volume of products to be withdrawn from intervention stocks and the high volume of intra-EU transfers, it is appropriate to derogate from the sixty-day period allowed for the removal of the products from intervention stocks in accordance with the fifth subparagraph of Article 3(2) of Regulation (EU) No 807/2010.

• (11) Due to the current market situation in the cereals sector, which is marked by high market price levels, it is appropriate, in order to secure the Union’s financial interests, to increase the security, which is to be lodged by the contractor undertaking the supply operation of cereals as provided for in Articles 4(3) and 8(4) of Regulation (EU) No 807/2010.

• (12) To implement the annual distribution 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.

• (13) In accordance with Article 2(2) of Regulation (EU) No 807/2010, the Commission has consulted the major organisations familiar with the problems of the most deprived persons in the EU when drawing up the annual distribution plan.

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

HAS ADOPTED THIS REGULATION:

Article 1

In 2011, the distribution of food to the most deprived persons in the EU 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.

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

Allocations to Member States for the purchase of butter on the EU market, as required under the plan referred to in Article 1, shall be as set out in Annex II.

Article 3

Article 3a

By way of derogation from Article 3(1) of Regulation (EU) No 807/2010, the implementation period of the 2011 annual distribution plan shall finish on 29 February 2012.

Article 4

By way of derogation from the first and third subparagraphs of Article 3(2) of Regulation (EU) No 807/2010, for the 2011 distribution plan, withdrawal of butter and skimmed milk powder from intervention stocks shall take place from 1 June to 31 December 2011. The expenses arising from keeping the allocated quantities of butter and skimmed milk powder in intervention stocks between 30 September and the date of the actual withdrawal from intervention storage shall be born by the Member State to which the products are allocated under the 2011 distribution plan.

However, the first paragraph of this Article shall not apply to allocations of 500 tonnes or less.

For the 2011 distribution plan, the sixty-day period for the removal of withdrawn products provided for in the fifth subparagraph of Article 3(2) of Regulation (EU) No 807/2010 shall not apply in the case of butter and skimmed milk powder.

Article 5

By way of derogation from the second subparagraph of Article 3(2) of Regulation (EU) No 807/2010, for the 2011 distribution plan, 70 % of the cereals stocks held by the intervention agencies must be withdrawn before 1 June 2011.

For the 2011 distribution plan, the sixty-day period for the removal of withdrawn products provided for in the fifth subparagraph of Article 3(2) of Regulation (EU) No 807/2010 shall not apply in the case of cereals.

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.

Article 5a

By way of derogation from Article 3(3) of Regulation (EU) No 807/2010, for the 2011 annual 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 closed before 31 December 2011.

Article 6

By way of derogation from the fifth subparagraph of Article 4(3) and from the first subparagraph of Article 8(4) of Regulation (EU) No 807/2010, for the 2011 distribution plan, before cereals are removed from intervention, the contractor undertaking the supply operation shall lodge a security equal to EUR 150 per tonne.

Article 7

By way of derogation from Article 3(4) of Regulation (EU) No 807/2010, for the 2011 distribution plan where substantiated changes concern 10 % or more of the quantities or values entered per product in the EU plan, the plan shall be revised.

Article 8

For the purpose of implementing the annual distribution plan referred to in Article 1 of this Regulation, the date of the operative event within the meaning of Article 3 of Regulation (EC) No 2799/98 shall be 1 October 2010.

Article 9

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.

ANNEX I

ANNUAL DISTRIBUTION PLAN FOR 2011

• (a)Financial resources made available to implement the 2011 plan in each Member State:

(in EUR) Member State Distribution Belgique/België 10 935 075 България 11 042 840 Česká republika 45 959 Eesti 755 405 Éire/Ireland 1 196 457 Elláda 20 045 000 España 74 731 353 France 72 741 972 Italia 102 023 445 Latvija 6 723 467 Lietuva 7 781 341 Luxembourg 107 483 Magyarország 14 146 729 Malta 640 243 Polska 75 422 222 Portugal 20 513 026 România 49 578 143 Slovenija 2 441 755 Slovakia 4 809 692 Suomi/Finland 4 318 393 Total 480 000 000

• (b)Quantity of each type of product to be withdrawn from EU intervention stocks for distribution in each Member State subject to the maximum amounts laid down in point (a) of this Annex:

(in tonnes) Member State Cereals Butter Skimmed milk powder Sugar Belgique/België 74 030 — 1 687 България 103 318 — — Česká Republika 401 — — 9 Eesti 7 068 — — — Eire/Ireland 250 109 — Elláda 88 836 976 — España 305 207 — 23 507 France 491 108 — 11 305 Italia 480 539 — 28 281 Latvija 50 663 — 730 Lietuva 61 000 — 704 Luxembourg [^E0004] — — — Magyarország 132 358 — — Malta 5 990 — — Polska 441 800 — 15 743 Portugal 61 906 458 5 000 România 370 000 — 5 600 Slovenija 14 465 — 500 Slovakia 45 000 — — Suomi/Finland 25 338 — 899 Total 2 759 277 1 543 93 956 9 (¹)Luxembourg: allocation for the purchase of dairy products on the EU market: 101 880 EUR, to be accounted against the skimmed milk powder allocation of Luxembourg.

ANNEX II

Allocations to Member States for the purchase of butter on the EU market:

ANNEX III

• (a)Intra-EU transfers of cereals authorised under the plan for the 2011 budget year:

Quantity (tonnes) Holder Recipient

BLE, Deutschland BIRB, Belgique

Pôdohospodárska platobná agentúra, Slovenská Republika Държавен фонд ‘Земеделие’ — Разплащателна агенция, България

FranceAgriMer, France OFI, Ireland

Mezőgazdasági és Vidékfejlesztési Hivatal, Magyarország OPEKEPE, Elláda

FranceAgriMer, France FEGA, España

BLE, Deutschland AGEA, Italia

PRIA, Eesti Rural Support Service, Latvia

AMA, Austria Ministry for Resources and Rural Affairs Paying Agency, Malta

BLE, Deutschland ARR, Polska

FranceAgriMer, France IFAP I.P., Portugal

SZIF, Česká republika Agenția de Plăți și Intervenție pentru Agricultură, România

Mezőgazdasági és Vidékfejlesztési Hivatal, Magyarország Agenția de Plăți și Intervenție pentru Agricultură, România

AMA, Austria Agencija Republike Slovenije za kmetijske trge in razvoj podeželja, Slovenija

Agency for Rural Affairs, Suomi/Finland AGEA, Italia

Agency for Rural Affairs, Suomi/Finland Agencija Republike Slovenije za kmetijske trge in razvoj podeželja, Slovenija

• (b)Intra-EU transfers of skimmed milk powder authorised under the plan for the 2011 budget year:

Quantity (tonnes) Holder Recipient

OFI, Ireland FEGA, España

BLE, Deutschland AGEA, Italia

PRIA, Eesti Rural Support Service, Latvia

BLE, Deutschland ARR, Polska

FranceAgriMer, France IFAP I.P., Portugal

BLE, Deutschland Agenția de Plăți și Intervenție pentru Agricultură, România

SZIF, Česká republika Agencija Republike Slovenije za kmetijske trge in razvoj podeželja, Slovenija

• (c)Intra-EU transfers of butter authorised under the plan for the 2011 budget year:

Quantity (tonnes) Holder Recipient

Lietuvos žemės ūkio ir maisto produktų rinkos reguliavimo agentūra, Lietuva OFI, Ireland

PRIA, Eesti OPEKEPE, Elláda

Lietuvos žemės ūkio ir maisto produktų rinkos reguliavimo agentūra, Lietuva OPEKEPE, Elláda

Lietuvos žemės ūkio ir maisto produktų rinkos reguliavimo agentūra, Lietuva IFAP I.P., Portugal

[^E0001]: OJ L 299, 16.11.2007, p. 1.

[^E0002]: OJ L 349, 24.12.1998, p. 1.

[^E0003]: OJ L 242, 15.9.2010, p. 9.