Commission Implementing Regulation (EU) No 1020/2012 of 6 November 2012 adopting the plan allocating to the Member States resources to be charged to the 2013 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
In 2013, 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 2013 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The quantities of each type of product to be withdrawn from intervention stocks are set out in point (b) of Annex I.
Indicative allocations to Member States for the purchase of food products on the Union market are set out in point (c) of Annex I.
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 of this Regulation, are set out in point (d) of Annex I.
By way of derogation from Article 3(3) of Regulation (EU) No 807/2010, for the 2013 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 2013.
By way of derogation from Article 9 of Regulation (EU) No 807/2010, for the 2013 distribution plan, requests for payment shall be submitted to the competent authorities of each Member State by 30 September 2013. Except in cases of force majeure , requests submitted after that date shall not be accepted.
Expenditure, within the limit 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 2013 at the latest.
1. For the purpose of implementing the annual distribution plan referred to in Article 1 of this Regulation, the operators selected in accordance with Article 4(4) and (6) of Regulation (EU) No 807/2010 and the designated organisations referred to in Article 27(1) of Regulation (EC) No 1234/2007 may submit to the competent authority of the Member State concerned an application for advance payments relating to the cost of transport of products to the storage depots of the designated organisations referred to in point (a) of the second subparagraph of Article 27(7) of Regulation (EC) No 1234/2007 and the administrative, transport and storage costs referred to in point (b) of the second subparagraph of that Article. In duly justified cases the Member State may also provide advance payments relating to the cost of supply of the products to operators selected in accordance with Article 4(4) of Regulation (EU) No 807/2010 provided that, to the satisfaction of the Member State concerned, those operators have demonstrated that prior to 15 October 2013:
(a)
they have taken legally binding commitments to implement the operation; and
(b)
they have taken all measures to ensure that the implementation shall be completed not later than 31 December 2013.
2. The competent authority may grant an advance payment up to 100 % of the amount applied for, subject to the establishment of a security equal to 110 % of the advance referred to in paragraph 1. In the case of operators selected in accordance with Article 4(4) of Regulation (EU) No 807/2010, the security referred to in that Article shall be deemed sufficient for the purposes of this Article.
3. For the purposes of paragraph 2, Commission Implementing Regulation (EU) No 282/2012 ( 6 ) shall apply.
4. In the case of designated organisations referred to in paragraph 1, the paying agency may accept a written guarantee from a public authority, in accordance with provisions applied in the Member States, covering an amount equal to the percentage referred to in paragraph 2, provided that that public authority undertakes to pay the amount covered by that guarantee in case the entitlement to the advance paid is not established. Member States may also provide for an instrument of equivalent effect, in accordance with the provisions applied in the Member States, on condition that it ensures the repayment of the advance granted in case the entitlement to it is not established.
5. The total amount of advance payments granted in accordance with paragraph 2 shall not exceed 75 % of the total amount made available for each Member State in accordance with point (a) of Annex I.
6. No later than 15 January 2014, Member States shall notify the Commission of the total amount of the advance payments made by 15 October 2013 in accordance with paragraph 2 which have not been cleared and which relate to operations that have not yet been completed.
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 2013 distribution plan, before cereals are removed from intervention, the contractor undertaking the supply operation shall lodge a security equal to EUR 150 per tonne.
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 2012.
This Regulation shall enter into force on the third day following that of its publication in the Official Journal of the European Union .
Supplementary provisions
ANNEX ISupplementary provisions
ANNEX I
ANNUAL DISTRIBUTION PLAN FOR 2013
(a)
Total amounts of financial resources broken down per Member State:
(in EUR)
Member State
Amount
Belgium
12 020 447
Bulgaria
19 093 054
Czech Republic
183 869
Estonia
2 421 256
Ireland
2 597 813
Greece
22 017 677
Spain
85 618 342
France
71 367 188
Italy
98 269 856
Latvia
5 208 791
Lithuania
7 866 396
Luxembourg
171 704
Hungary
13 951 019
Malta
548 475
Poland
76 924 105
Portugal
19 517 541
Romania
55 880 716
Slovenia
2 588 445
Finland
3 753 305
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:
(in tonnes)
Member State
Cereals
Lithuania
8 832,782
Total
8 832,782
(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:
(in EUR)
Member State
Amount
Belgium
11 286 805
Bulgaria
17 927 750
Czech Republic
172 647
Estonia
2 273 480
Ireland
2 439 261
Greece
20 673 876
Spain
80 392 810
France
67 011 444
Italy
92 272 165
Latvia
4 890 884
Lithuania
6 209 748
Luxembourg
161 224
Hungary
13 099 548
Malta
515 000
Poland
72 229 206
Portugal
18 326 330
Romania
52 470 156
Slovenia
2 430 465
Finland
3 524 230
Total
468 307 029
(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:
(in EUR)
Member State
Amount
Lithuania
300 000
Total
300 000
ANNEX IISupplementary provisions
ANNEX II
Intra-Union transfers of cereals authorised under the distribution plan for the 2013 budget year:
Quantity
(in tonnes)
Holder
Recipient
8 832,782
SJV, Sweden
Lietuvos žemės ūkio ir maisto produktų rinkos reguliavimo agentūra. Lithuania
Source: EUR-Lex (Publications Office of the EU), © European Union, reuse permitted under Commission Decision 2011/833/EU.