15.9.2010 Official Journal of the European Union L 242/9 COMMISSION REGULATION (EU) No 807/2010 of 14 September 2010 laying down detailed rules for the supply of food from intervention stocks for the benefit of the most deprived persons in the Union (codification) THE EUROPEAN COMMISSION, Having regard to the Treaty on the Functioning of the European Union, Having regard to Council Regulation (EC) No 1234/2007 of 22 October 2007 establishing a common organisation of agri- cultural markets and on specific provisions for certain agri- cultural products (‘Single CMO’ Regulation) ('), and in particular Articles 43 (g) and (h), in conjunction with Article 4 thereof, Whereas: 1 Commission Regulation (EEC) No 3149/92 of 29 October 1992 on laying down detailed rules for the supply of food from intervention stocks for the benefit of the most deprived persons in the Community (% has been substantially amended several times (}). In the interests of clarity and rationality the said Regulation should be codified. The procedure and rules for establishing the annual distribution plan for products from intervention stocks drawn up by the Commission on the basis of information provided by the Member States should be simple and the timetable should be adapted taking into account the requirements of distribution to the recipients and the need for financial management of public inter- vention stocks. In order to ensure more standardised implementation in the Member States participating in this scheme, the concepts of ‘beneficiaries and ‘final recipients’ of the measure need to be clarified. In order to facilitate the management and control of the implementation of the annual plan, the charitable organisations designated by the competent national authorities can be deemed final recipients if they are actually engaged in the local distribution of the foodstuffs (in various forms) where the most deprived persons live. The supply of agricultural products and foodstuffs to the most deprived persons in the Union normally involves products processed or packaged from products withdrawn from Union intervention stores. However, the objective may also be achieved by the supply of agricultural products and foodstuffs belonging to the same category of products placed on the Union () OJ L 299, 16.11.2007, p. 1. (3 OJ L 313, 30.10.1992, p. 50. (>) See Annex IIL (6) market. In such cases supply is reimbursed in the form of a withdrawal and transfer of products from the inter- vention stores. In order to deal with situations in which certain basic products are temporarily unavailable in intervention stocks at the time of adoption of an annual plan or during its implementation, Article 27 of Regulation (EC) No 1234/2007 provides that the products concerned may be mobilized on the Union market, although only under conditions which do not conflict with the principle of supply from intervention stocks. The rules for such mobilization must be fixed. In order to comply with the principle that priority should be given to intervention stocks when mobilizing products to supply to the most deprived persons in the Union, optimum distribution of existing public stocks among the Member States participating in the scheme should be ensured when the plan is adopted and intra- Union transfer operations made necessary by the non- availability of the products requested in one or more Member States should be coordinated. For the purposes of applying Article 27 of Regulation (EC) No 1234/2007, a minimum quantity threshold should also be set beneath which, for reasons of good economic management, intra- Union transfers should not be implemented. In order to allow judicious management of the scheme and to organize the implementation of the annual Union plan, it is appropriate, firstly, to determine, when that plan is being adopted, for which products temporary non-availability justifies mobilization on the market of the same product or a product in the same category, and secondly to set the financial allocation to be made available to the Member State for this purpose. To meet the abovementioned objectives, that allocation should be made on the basis of the applications submitted by the Member State for the annual plan, the quantities of the products unavailable in the intervention stocks and the allocations made during previous financial years and their effective use. With the same objective of giving priority to the use of intervention stocks, it should be laid down that supplies using products to be withdrawn from those stocks must be allocated before operations to mobilize products of the same category on the Union market are undertaken. The best conditions should be obtained for carrying out the different types of supply and it should be specified that invitations to tender must be published to ensure that all operators established in the Union have equal access.