HTML PUBLIC "-//W3C//DTD HTML 4.01 Transitional//EN"L 130/14
EN
Official Journal of the European Union
17.5.2012
COMMISSION IMPLEMENTING REGULATION (EU) No 419/2012
of 16 May 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
THE EUROPEAN COMMISSION,
(5) Implementing
Regulation
(EU)
No
562/2011
should
therefore be amended accordingly.
Having regard to the Treaty on the Functioning of the European
Union,
(6) The
measures
provided
for
in
this
Regulation
are
in
accordance with the opinion of the Management
Committee for the Common Organisation of Agricultural
Having regard to Council Regulation (EC) No 1234/2007 of
Markets,
22 October 2007 establishing a common organisation of agri
cultural markets and on specific provisions for certain agri
cultural products (Single CMO Regulation) (
HAS ADOPTED THIS REGULATION:

1 ), and in particular
points (f) and (g) of Article 43, in conjunction with Article 4
thereof,
Article 1
In Implementing Regulation (EU) No 562/2011 the following
Having regard to Council Regulation (EC) No 2799/98 of
Article 4a is inserted:
15 December 1998 establishing agri-monetary arrangements
for the euro ( 2 ), and in particular Article 3(2) thereof,
‘Article 4a
1. For the purpose of implementing the annual
Whereas:
distribution plan referred to in Article 1 of this Regulation,
the operators selected in accordance with Article 4(4) and (6)
(1) Commission Implementing Regulation (EU) No
of Regulation (EU) No 807/2010 and the designated organi
562/2011 ( 3 ) as amended by Implementing Regulation
sations referred to in Article 27(1) of Regulation (EC) No
(EU) No 208/2012 ( 4 ) has set the deadlines for the
1234/2007 may submit to the competent authority of the
submission of requests for payment and the execution
Member State concerned an application for advance
of payments at 30 September 2012 and 15 October
payments relating to the cost of transport of products to
2012 respectively and provides that the implementation
the storage depots of the designated organisations referred
period of the 2012 distribution plan is to end on
to in point (a) of the second subparagraph of Article 27(7)
28 February 2013.
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
(2) To
enable
the
Member
States
to
use
those
deadlines
efficiently, it is necessary to allow the possibility of
the Member States may also provide advance payments
granting advance payments for the transport of
relating to the cost of the supply of the products to
products to the storage depots of the charitable organi
operators selected in accordance with Article 4(4) of Regu
sations and for the transport, administrative and storage
lation (EU) No 807/2010 provided that, to the satisfaction of
costs incurred by the charitable organisations designated
the Member States concerned, those operators have demon
to distribute the products. In order to ensure the efficient
strated that prior to 15 October 2012:
implementation of the annual plan, the same possibility
should be allowed for the supply of products in duly
(a) they have taken legally binding commitments to
justified cases. In addition it needs to be established
implement the operation;
how and when a security is required.
(3) Taking
into
consideration
the
non-profit
nature
of
the
(b) they have significantly progressed with the implemen
designated organisations referred to in Article 27(1) of
tation of the operation; and
Regulation (EC) No 1234/2007, the competent auth
orities of the Member States should be empowered to
(c) they have taken all measures necessary to ensure that the
allow alternative guarantee instruments when advances
implementation shall be completed no later than
are paid to those organisations in respect of their admin
28 February 2013.
istrative, transport and storage costs.
(4) For
accounting
purposes,
Member
States
should
be
2. The
competent
authority
may
grant
an
advance
required to notify the Commission of certain information
payment up to 100 % of the amount applied for, subject
related to the advance payments.
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 Regu
( 1 ) OJ L 299, 16.11.2007, p. 1.
lation (EU) No 807/2010, the security referred to in that
( 2 ) OJ L 349, 24.12.1998, p. 1.
( 3 ) OJ L 152, 11.6.2011, p. 24.
Article shall be deemed sufficient for the purposes of this
( 4 ) OJ L 72, 10.3.2012, p. 32.
Article.

---

EN
17.5.2012 Official
Journal
of
the
European
Union L
130/15
3. For
the
purposes
of
paragraph
2,
Commission
Imple
5. No
later
than
15
January
2013,
Member
States
shall
menting Regulation (EU) No 282/2012 (*) shall apply.
notify the Commission of the total amount of the advance
payments made by 15 October 2012 in accordance with
4. In
the
case
of
designated
organisations
referred
to
in
paragraph 2 which have not been cleared and which relate
paragraph 1, the paying agency may accept a written
to operations that have not yet been completed by the final
guarantee from a public authority, in accordance with
beneficiaries.
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
(*) OJ L 92, 30.3.2012, p. 4.’
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
Article 2
accordance with the provisions applied in the Member
States, on condition that it ensures the repayment of the
This Regulation shall enter into force on the third day following
advance granted in case the entitlement to it is not estab
that of its publication in the Official Journal of the European
lished.
Union.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 16 May 2012.
For the Commission
The President
José Manuel BARROSO

---

Document Outline

• �

---