HTML PUBLIC "-//W3C//DTD HTML 4.01 Transitional//EN"L 320/24
EN
Official Journal of the European Union
3.12.2011
COMMISSION IMPLEMENTING REGULATION (EU) No 1260/2011
of 2 December 2011
amending Regulation (EU) No 945/2010 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,
complete payment operations for products mobilised
on the market and to allow the withdrawal of the
remaining quantities of intervention stocks, so that
Having regard to the Treaty on the Functioning of the European
these allocations remain available to increase the
Union,
quantity of food products distributed to the most
deprived people. It is, therefore, necessary to grant an
Having regard to Council Regulation (EC) No 1234/2007 of
extension of those two deadlines. In order to ensure
22 October 2007 establishing a common organisation of agri
equal treatment of Member States, the derogations
cultural markets and on specific provisions for certain agri
should cover all payment operations for products
cultural products (Single CMO Regulation) (
mobilised on the market and all withdrawals of dairy

1 ), and in particular
points (f) and (g) of Article 43, in conjunction with Article 4
products from intervention stocks under the 2011
thereof,
annual plan. As the deadline for the payment operations
for products mobilised on the market was set at 1
September and for the withdrawal of dairy products
Having regard to Council Regulation (EC) No 2799/98 of
from Union intervention stocks at 30 September, these
15 December 1998 establishing agrimonetary arrangements
two derogations should apply retroactively.
for the euro ( 2 ), and in particular Article 3(2) thereof,
Whereas:
(3) The
measures
provided
for
in
this
Regulation
are
in
accordance with the opinion of the Management
Committee for the Common Organisation of Agricultural
(1) Taking
into
account
that
the
availability
of
intervention
Markets,
stocks for the supply of the scheme for food distribution
to the most deprived persons in the 2012 annual plan
adopted by Commission Implementing Regulation (EU)
HAS ADOPTED THIS REGULATION:
No 562/2011 ( 3 ) is substantially reduced as compared to
the previous years, it is appropriate to extend the imple
mentation period of the 2011 annual plan adopted by
Commission Regulation (EU) No 945/2010 (
Article 1

4 ) in order
to allow the Member States to complement the
Regulation (EU) No 945/2010 is amended as follows:
foodstuffs to be distributed to the final recipients under
the 2012 annual plan with resources that could be saved
under the 2011 annual plan.
(1) the following Article 3a is inserted:
(2) As
a
result
of
appeals
launched
against
tender
procedures
and delays in the relevant judicial procedures, Greece has
‘Article 3a
been unable to complete payments for certain purchases
of food products in the market and to withdraw a part of
By way of derogation from Article 3(1) of Regulation (EU)
the allocated quantity of butter from Union intervention
No 807/2010, the implementation period of the 2011
stocks. The Greek authorities submitted to the
annual distribution plan shall finish on 29 February 2012.’;
Commission a request for the extension of the deadline
fixed by Article 3(3) of Commission Regulation (EU)
No 807/2010 of 14 September 2010 laying down
(2) in Article 4, the first paragraph is replaced by the following:
detailed rules for the supply of food from intervention
stocks for the benefit of the most deprived persons in the
Union ( 5 ), and of the deadline fixed by Article 4 of Regu
lation (EU) No 945/2010. Portugal presented a similar
‘By way of derogation from the first and third
request relating to the deadline for payment operations
subparagraphs of Article 3(2) of Regulation (EU)
fixed by Article 3(3) of Regulation (EU) No 807/2010. In
No 807/2010, for the 2011 distribution plan, withdrawal
view of the difficult financial situation faced by these
of butter and skimmed milk powder from intervention
Member States, it is appropriate to allow them to
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 inter
( 1 ) OJ L 299, 16.11.2007, p. 1.
vention stocks between 30 September and the date of the
( 2 ) OJ L 349, 24.12.1998, p. 1.
actual withdrawal from intervention storage shall be born
( 3 ) OJ L 152, 11.6.2011, p. 24.
( 4 ) OJ L 278, 22.10.2010, p. 1.
by the Member State to which the products are allocated
( 5 ) OJ L 242, 15.9.2010, p. 9.
under the 2011 distribution plan.’;

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EN
3.12.2011 Official
Journal
of
the
European
Union L
320/25
(3) the following Article 5a is inserted:
market under Article 2(3)(a)(iii) and (iv) of Regulation
(EU) No 807/2010, be closed before 31 December 2011.’.
‘Article 5a
Article 2
By way of derogation from Article 3(3) of Regulation (EU)
This Regulation shall enter into force on the day of its publi
No 807/2010, for the 2011 annual distribution plan,
cation in the Official Journal of the European Union.
payment operations for products to be supplied by the
operator shall, in case of products to be mobilised on the
Article 1, points (2) and (3) shall apply from 31 August 2011.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 2 December 2011.
For the Commission
The President
José Manuel BARROSO

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