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used by Member States within the limits set out in point (a) of Annex I. The quantities of each type of product to be withdrawn from intervention stocks are set out in point (b) of Annex I. Indicative allocations to Member States for the purchase of food products on the Union market are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 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.