HTML PUBLIC "-//W3C//DTD HTML 4.01 Transitional//EN"L 307/62
EN
Official Journal of the European Union
7.11.2012
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
THE EUROPEAN COMMISSION,
(5) The
Member
States
wishing
to
participate
in
the
distribution plan for the 2013 budget year have
Having regard to the Treaty on the Functioning of the European
supplied the Commission with the information required
Union,
in accordance with Article 1 of Regulation (EU) No
807/2010.
Having regard to Council Regulation (EC) No 1234/2007 of
22 October 2007 establishing a common organisation of agri
(6) For
the
purposes
of
resource
allocation,
account
must
be
cultural markets and on specific provisions for certain agri
taken of the best estimates of the number of most
cultural products (Single CMO Regulation) (
deprived person in the Member States concerned and

1 ), and in particular
points (f) and (g) of Article 43, in conjunction with Article 4
of the degree to which the Member States used the
thereof,
resources allocated to them in previous years.
Having regard to Council Regulation (EC) No 2799/98 of
(7) Article
8(1)
of
Regulation
(EU)
No
807/2010
provides
15 December 1998 establishing agrimonetary arrangements
for the transfer between Member States of products
for the euro (
unavailable in the intervention stocks of the Member

2 ), and in particular Article 3(2) thereof,
State in which such products are required to
implement the annual distribution plan. Accordingly,
Whereas:
the intra-Union transfers necessary to implement that
plan for 2013 should be authorised, subject to the
conditions laid down in Article 8 of Regulation (EU)
(1) Article
27
of
Regulation
(EC)
No
1234/2007
as
amended
by Regulation (EU) No 121/2012 of the European
No 807/2010.
Parliament and of the Council ( 3 ) has established a
scheme whereby food products may be distributed to
(8) In
order
to
enforce
the
annual
budgetary
ceiling,
the
the most deprived persons in the Union. For that
intra-Union transfer costs, where relevant, should be
purpose, products in intervention stocks may be made
included into the total financial allocation made
available or, where intervention stocks suitable for the
available for each Member State to implement the
food distribution scheme are not available, food
2013 distribution plan. Moreover, the deadlines fixed
products may be purchased on the market.
by Articles 3(3) and 9 of Regulation (EU) No
807/2010 as regards the completion of the payment
(2)
For 2013, that scheme is included in the list of measures
operations for products mobilised on the market, the
eligible for financing by the European Agricultural
requests for payment and the execution of payments
Guarantee Fund (EAGF) set out in Council Regulation
by the competent authorities, should be adjusted, in
(EC) No 1290/2005 of 21 June 2005 on the financing
order to ensure that the resources allocated within the
of the common agricultural policy (
2013 distribution plan are only eligible for Union

4 ), within an annual
ceiling of EUR 500 million.
support if those payments are made in the 2013
budget year.
(3) In
accordance
with
Article
27(3)
of
Regulation
(EC)
No
1234/2007 the Commission has to adopt an annual
(9) Article
3(1)
of
Regulation
(EU)
No
807/2010
provides
plan.
that the plan implementation period finishes on 31
December. To enable the Member States to make full
use of the period of implementation while respecting
(4) In
accordance
with
Article
2
of
Commission
Regulation
the deadlines relating to payments, it is necessary to
(EU) No 807/2010 of 14 September 2010 laying down
allow the granting of advance payments for the
detailed rules for the supply of food from intervention
transport of products to the storage depots of the
stocks for the benefit of the most deprived persons in the
charitable organisations and for the transport, adminis
Union ( 5 ), that plan has to lay down, in particular, for
trative and storage costs incurred by the charitable
each of the Member States applying the measure, the
organisations designated to distribute the products. In
maximum financial resources available to carry out its
order to ensure the efficient and effective implementation
part of the plan, and the quantity of each type of
of the annual plan, the same possibility should be
product to be withdrawn from the stocks held by the
allowed for the supply of products in duly justified
intervention agencies.
cases. For the same reason, the use of advance
payments should be limited. In addition it needs to be
( 1 ) OJ L 299, 16.11.2007, p. 1.
established how and when a security is required.
( 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.
(10) Taking
into
consideration
the
non-profit
nature
of
the
( 5 ) OJ L 242, 15.9.2010, p. 9.
designated organisations referred to in Article 27(1) of

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EN
7.11.2012 Official
Journal
of
the
European
Union L
307/63
Regulation (EC) No 1234/2007, the competent auth
Article 3
orities of the Member States should be empowered to
allow alternative guarantee instruments when advances
By way of derogation from Article 3(3) of Regulation (EU) No
are paid to those organisations in respect of their admin
807/2010, for the 2013 distribution plan, payment operations
istrative, transport and storage costs.
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
(11) For accounting purposes, Member States should be
15 October 2013.
required to notify the Commission of certain information
related to the advance payments.
Article 4
(12) Due to the current market situation in the cereals sector,
By way of derogation from Article 9 of Regulation (EU) No
which is marked by high market price levels, it is appro
807/2010, for the 2013 distribution plan, requests for payment
priate, in order to secure the Union’s financial interests,
shall be submitted to the competent authorities of each Member
to increase the security, which is to be lodged by the
State by 30 September 2013. Except in cases of force majeure,
contractor undertaking the supply operation of cereals as
requests submitted after that date shall not be accepted.
provided for in Articles 4(3) and 8(4) of Regulation (EU)
No 807/2010.
Expenditure, within the limit set out in point (a) of Annex I,
(13) To
implement
the
annual
distribution
plan,
the
operative
shall only be eligible for Union financing if it has been paid by
event within the meaning of Article 3 of Regulation (EC)
the Member State to the beneficiary by 15 October 2013 at the
No 2799/98 should be the date on which the financial
latest.
year for administration of stocks in public storage starts.
Article 5
(14) In
accordance
with
Article
2(2)
of
Regulation
(EU)
No
807/2010, the Commission has consulted the major
1. For the purpose of implementing the annual distribution
organisations familiar with the problems of the most
plan referred to in Article 1 of this Regulation, the operators
deprived persons in the Union when drawing up the
selected in accordance with Article 4(4) and (6) of Regulation
annual distribution plan.
(EU) No 807/2010 and the designated organisations referred to
in Article 27(1) of Regulation (EC) No 1234/2007 may submit
(15) The
measures
provided
for
in
this
Regulation
are
in
to the competent authority of the Member State concerned an
accordance with the opinion of the Management
application for advance payments relating to the cost of
Committee for the Common Organisation of Agricultural
transport of products to the storage depots of the designated
Markets,
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
HAS ADOPTED THIS REGULATION:
costs referred to in point (b) of the second subparagraph of
that Article. In duly justified cases the Member State may also
Article 1
provide advance payments relating to the cost of supply of the
products to operators selected in accordance with Article 4(4) of
In 2013, the distribution of food to the most deprived persons
Regulation (EU) No 807/2010 provided that, to the satisfaction
in the Union under Article 27 of Regulation (EC) No
of the Member State concerned, those operators have demon
1234/2007 shall be implemented in accordance with the
strated that prior to 15 October 2013:
annual distribution plan set out in Annex I to this Regulation.
Financial resources available to implement the 2013 plan can
(a) they have taken legally binding commitments to implement
be used by Member States within the limits set out in point (a)
the operation; and
of Annex I.
(b) they have taken all measures to ensure that the implemen
The quantities of each type of product to be withdrawn from
tation shall be completed not later than 31 December 2013.
intervention stocks are set out in point (b) of Annex I.
Indicative allocations to Member States for the purchase of food
2. The
competent
authority
may
grant
an
advance
payment
products on the Union market are set out in point (c) of
up to 100 % of the amount applied for, subject to the estab
Annex I.
lishment of a security equal to 110 % of the advance referred to
in paragraph 1. In the case of operators selected in accordance
Article 2
with Article 4(4) of Regulation (EU) No 807/2010, the security
referred to in that Article shall be deemed sufficient for the
The intra-Union transfer of products listed in Annex II to this
purposes of this Article.
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
3. For
the
purposes
of
paragraph
2,
Commission
Imple
of intra-Union transfers, as required under the annual
menting Regulation (EU) No 282/2012 ( 1 ) shall apply.
distribution plan referred to in Article 1 of this Regulation,
are set out in point (d) of Annex I.
( 1 ) OJ L 92, 30.3.2012, p. 4.

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L 307/64
EN
Official Journal of the European Union
7.11.2012
4. In
the
case
of
designated
organisations
referred
to
in
Article 6
paragraph 1, the paying agency may accept a written
guarantee from a public authority, in accordance with
By way of derogation from the fifth subparagraph of Article 4(3)
provisions applied in the Member States, covering an amount
and from the first subparagraph of Article 8(4) of Regulation
equal to the percentage referred to in paragraph 2, provided
(EU) No 807/2010, for the 2013 distribution plan, before
that that public authority undertakes to pay the amount covered
cereals are removed from intervention, the contractor under
by that guarantee in case the entitlement to the advance paid is
taking the supply operation shall lodge a security equal to
not established. Member States may also provide for an
EUR 150 per tonne.
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
Article 7
entitlement to it is not established.
For the purpose of implementing the annual distribution plan
5. The
total
amount
of
advance
payments
granted
in referred to in Article 1 of this Regulation, the date of the
accordance with paragraph 2 shall not exceed 75 % of the
operative event within the meaning of Article 3 of Regulation
total amount made available for each Member State in
(EC) No 2799/98 shall be 1 October 2012.
accordance with point (a) of Annex I.
6. No
later
than
15
January
2014,
Member
States
shall
Article 8
notify the Commission of the total amount of the advance
payments made by 15 October 2013 in accordance with
This Regulation shall enter into force on the third day following
paragraph 2 which have not been cleared and which relate to
that of its publication in the Official Journal of the European
operations that have not yet been completed.
Union.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 6 November 2012.
For the Commission
The President
José Manuel BARROSO

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EN
7.11.2012 Official
Journal
of
the
European
Union L
307/65
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

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L 307/66
EN
Official Journal of the European Union
7.11.2012
(in EUR)
Member State Amount
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

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EN
7.11.2012 Official
Journal
of
the
European
Union L
307/67
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
ems ūkio ir maisto produkt rinkos reguliavimo agentūra. Lithuania

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