Commission Delegated Regulation (EU) 2016/1238Dangos y teitl llawn

CHAPTER II GENERAL RULES

Article 2 Eligibility of operators

1. Operators shall be established and registered for VAT purposes in the Union in order to submit:

(a) an offer or a tender for the buying-in, or a tender for the selling, of products under public intervention; or

(b) a tender for aid for private storage or an application for aid for private storage fixed in advance.

2. In the case of buying-in of beef, only the following operators referred to in paragraph 1 may submit tenders:

(a) slaughterhouses for bovine animals approved in accordance with Article 4 of Regulation (EC) No 853/2004 of the European Parliament and of the Council(1);

(b) livestock or meat traders who have slaughtering undertaken therein on their own account.

3. In the case of aid for private storage, only the following operators referred to in paragraph 1 may apply or submit tenders:

(a) in the olive oil sector, operators who fulfil the requirements laid down in Annex VII;

(b) in the sugar sector, operators who are sugar manufacturers.

Article 3 Eligibility of products

1. Products shall be of sound, fair and marketable quality and meet the requirements laid down in Regulation (EU) No 1308/2013.

2. In the case of buying-in, products shall fulfil the requirements laid down as follows:

(a) for cereals: in Annex I to this Regulation;

(b) for rice: in Annex II to this Regulation;

(c) for beef: in Annex III to this Regulation;

(d) for butter: in Parts I and II of Annex IV to this Regulation and Article 21 of Commission Implementing Regulation (EU) 2016/1240(2);

(e) for skimmed milk powder: in Parts I and II of Annex V to this Regulation and Article 21 of Implementing Regulation (EU) 2016/1240.

In addition, butter and skimmed milk powder must have been produced in an undertaking approved in accordance with Part III of Annex IV or Part III of Annex V to this Regulation, respectively.

3. In the case of aid for private storage, products shall fulfil the requirements laid down in Annex VI to this Regulation.

Article 4 Security

Operators shall lodge a security in favour of the relevant paying agency in accordance with Section 2 of Chapter IV of Delegated Regulation (EU) No 907/2014 when:

(a)

submitting an offer or a tender for the buying-in or sale of intervention products, or the disposal of such products under the scheme for food distribution for the most deprived in accordance with Article 16(2) of Regulation (EU) No 1308/2013;

(b)

submitting a tender or an application for aid for private storage unless an Implementing Regulation opening the tendering procedure or fixing the amount of aid in advance as referred to in Implementing Regulation (EU) 2016/1240 provides otherwise.

Article 5 Release and forfeiture of security

1. The security provided for in Article 4 shall be released where a tender, offer or application is inadmissible or has not been accepted.

2. In the case of intervention buying-in, the security shall be released when:

(a) the operator has delivered the quantity indicated by the final date for delivery set out in the delivery order referred to in Article 17 of Implementing Regulation (EU) 2016/1240; and

(b) conformity with the product eligibility requirements referred to in Article 3 of this Regulation has been established; or

(c) an allocation coefficient as referred to in Article 11(1)(b) of Implementing Regulation (EU) 2016/1240 is applied. In that case, the amount of the released security shall correspond to the quantity not accepted; or

(d) the offer is withdrawn by an operator to whom an allocation coefficient as referred to Article 11(1)(b) of Implementing Regulation (EU) 2016/1240 applies.

3. In the case of sale of intervention products, the security shall be released:

(a) for unsuccessful operators, after the decision referred to in Article 32(1) or 36(2) of Implementing Regulation (EU) 2016/1240 has been taken;

(b) for successful operators, in respect of the quantities for which payment has been made in accordance with Article 35 of Implementing Regulation (EU) 2016/1240;

(c) where the obligations relating to the disposal of products under the scheme for food distribution for the most deprived have been met.

4. In the case of aid for private storage, the security shall be released when:

(a) an allocation coefficient as referred to in the first subparagraph of Article 43(2) of Implementing Regulation (EU) 2016/1240 is applied. In that case, the amount of the released security shall correspond to the quantity not accepted;

(b) the tender is withdrawn by the reason of fixing of an allocation coefficient as referred to in the second subparagraph of Article 43(2) of Implementing Regulation (EU) 2016/1240;

(c) the contractual obligations in respect of the contractual quantity have been fulfilled.

5. The security referred shall be forfeit where the offer, tender or application is:

(a) withdrawn by reasons other than fixing of an allocation coefficient pursuant to Article 11(1)(b) or the first subparagraph of Article 43(2) of Implementing Regulation (EU) 2016/1240; or

(b) amended after submission.

6. In the case of intervention buying-in, the security shall be forfeit where:

(a) the products do not conform with the requirements referred to in Article 3 in respect of the quantities not accepted;

(b) except in cases of force majeure, the operator fails to deliver the products by the final date set out in the delivery order, in proportion to the quantities not delivered and buying-in shall be cancelled in respect of those quantities.

However, in the case of cereals, rice and beef, if the quantity actually delivered and accepted is less than the quantity specified in the delivery order, the security shall be released in full where the difference is not more than 5 %.

7. In the case of sale of intervention products, except in cases of force majeure, the security shall be forfeit:

(a) in respect of quantities for which payment has not been made in accordance with Article 35 of Implementing Regulation (EU) 2016/1240 and the sale shall be cancelled in respect of those quantities;

(b) where the obligations relating to the disposal of products under the scheme for food distribution for the most deprived have not been fulfilled.

8. In the case of aid for private storage, the security shall be forfeit where:

(a) less than 95 % of the quantities specified in the tender or application are placed in storage under the conditions provided for in Article 52(1)(a) of Implementing Regulation (EU) 2016/1240;

(b) less than the percentage of the contractual quantity referred to in Article 8(1) is kept in storage, including in the case of sugar stored in bulk in the silo designated by the operator, for the period laid down in the Implementing Regulation opening the tendering procedure or fixing the amount of aid for private storage in advance;

(c) the time limit for placing the products into storage as referred to in Article 47(1) of Implementing Regulation (EU) 2016/1240 is not complied with;

(d) the checks provided for Chapter I of Title IV of Implementing Regulation (EU) 2016/1240 show that the products stored do not correspond to the quality requirements referred to in Article 3 of this Regulation;

(e) the requirement laid down in Article 53(3) of Implementing Regulation (EU) 2016/1240 is not complied with.

(1)

Regulation (EC) No 853/2004 of the European Parliament and of the Council of 29 April 2004 laying down specific hygiene rules for food of animal origin (OJ L 139, 30.4.2004, p. 55).

(2)

Commission Implementing Regulation (EU) 2016/1240 of 18 May 2016 laying down rules for the application of Regulation (EU) No 1308/2013 of the European Parliament and of the Council with regard to public intervention and aid for private storage (see page 71 of this Official Journal).