Commission Regulation (EC) No 826/2008 (repealed)Dangos y teitl llawn

CHAPTER III Aid fixed in advance

Article 16 Fixing the amount of aid in advance

1. The amount of aid for private storage shall be fixed in advance in accordance with the procedure referred to in Article 195(2) of Regulation (EC) No 1234/2007 by way of Regulation, hereinafter referred to as ‘Regulation fixing the amount of aid in advance’.

2. The Regulation fixing the amount of aid in advance may contain the following information:

(a) the products covered with their relevant CN codes, if applicable;

(b) the amount of aid for private storage per unit of weight for the products covered;

(c) the unit of measurement of the quantities (lots, batches, vats, silos);

(d) the minimum quantity per application;

(e) the period of application for private storage aid;

(f) the periods of placing into store and of removal from store;

(g) the minimum and the maximum period of storage;

(h) the specifications that have to appear on the packaging;

(i) the amount of the security per unit, if applicable.

Article 17 Applications for aid

1. Applications shall be lodged using the method made available to the operators by the Member State concerned.

The competent authorities of the Member States may require that electronic applications be accompanied by an advance electronic signature within the meaning of Article 2, point (2) of Directive 1999/93/EC or by an electronic signature offering equivalent assurances with regard to the functionalities attributed to a signature by applying the same rules and conditions as those defined in the Commission’s provisions on electronic and digitised documents, set out by Decision 2004/563/EC, Euratom, and in its implementing rules.

2. Applications shall be valid if the following conditions are met:

(a) it indicates a reference to the Regulation fixing the amount of aid in advance;

(b) it indicates the identification data of the applicants name, address and the VAT registration number;

(c) it indicates the product with its relevant CN code, if applicable;

(d) it indicates the quantity of products;

(e) it indicates the period of storage, if applicable;

(f) where products are already stored, it indicates the name and address of the storage place, the storage lot/batch/vat/silo number and where appropriate the approval number identifying the factory;

(g) it does not include any additional conditions introduced by the applicant other than those laid down in this Regulation and in the Regulation fixing the amount of aid in advance;

(h) it is presented in the official language, or one of the official languages of the Member State in which the application is lodged;

(i) the applicant has lodged a security, in accordance with the provisions of Title III of Regulation (EEC) No 2220/85, and provided proof thereof, if applicable.

3. The content of the applications shall not be amended after their submission.

Article 18 Primary requirements and securities

1. Where Article 17(2)(i) applies the primary requirements within the meaning of Article 20(2) of Regulation (EEC) No 2220/85 shall be the following:

(a) not to withdraw a contract application;

(b) to place and to keep in storage at least 99 %, respectively 90 % for meat products, 98 % for olive oil and 95 % for cheeses of the contractual quantity for the contractual storage period, at the risk of contracting party within the meaning of Article 19 of this Regulation and under the conditions provided for in Article 22(1)(a);

(c) where Article 28(3) applies, to export the products in accordance with one of the three options listed therein.

2. Securities shall be released immediately where contract applications are not accepted.

3. Securities shall be released in respect of quantities for which the contractual obligations have been fulfilled.

4. Where the time limit for placing into storage as set out in Article 25(1) of this Regulation is exceeded, the security shall be forfeit in accordance with Article 23 of Regulation (EEC) No 2220/85.