Commission Implementing Regulation (EU) 2016/1240Dangos y teitl llawn

TITLE I U.K. GENERAL PROVISIONS

CHAPTER I U.K. Introductory provision

Article 1 U.K. Scope

1. This Regulation lays down rules for the application of Regulation (EU) No 1308/2013 and Regulation (EU) No 1370/2013 as regards:

(a) the buying-in and selling from public intervention of products listed in Article 11 of Regulation (EU) No 1308/2013;

(b) the granting of aid for private storage for products listed in Article 17 of Regulation (EU) No 1308/2013.

[F1 2. This Regulation shall apply without prejudice to specific provisions laid down in—

(a) the published tendering procedure for the buying-in of products or opening the sale of products from intervention; or

(b) the published tendering procedure for private storage or the Regulations fixing the amount of aid for private storage in advance.]

Textual Amendments

F1 Art. 1(2) substituted (31.12.2020) by The Market Measures Payment Schemes (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/823), regs. 1, 6(2); 2020 c. 1, Sch. 5 para. 1(1)

[F2 Article 1A U.K. Definitions

In this Regulation—

• “appropriate authority” means—

  • — in relation to England, the Secretary of State;

  • — in relation to Wales, the Welsh Ministers;

  • — in relation to Scotland, the Scottish Ministers;

  • — in relation to Northern Ireland, the Department of Agriculture, Environment and Rural Affairs;

but the appropriate authority is the Secretary of State if consent is given by—

• — in relation to Wales, for the purposes of Articles 11, 14, 32, 43 and 45 only, the Welsh Ministers;

• — in relation to Scotland, the Scottish Ministers;

• — in relation to Northern Ireland, the Department of Agriculture, Environment and Rural Affairs.]

Textual Amendments

F2 Art. 1A inserted (31.12.2020) by The Market Measures Payment Schemes (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/823), regs. 1, 6(3); 2020 c. 1, Sch. 5 para. 1(1)

CHAPTER II U.K. General common rules

Article 2 U.K. Submission and admissibility of offers, tenders and applications

1. Operators shall lodge offers and tenders for public intervention as well as tenders and applications for aid for private storage using the method made available by the paying agency F3 ....

2. An offer, tender or application shall be admissible if it is submitted in [F4 English, or in the case of operators from Wales, English or Welsh], and shall include, on a form made available by the paying agency, at least the following information:

(a) the operator's name, address and [F5 United Kingdom VAT registration number];

(b) the product, or type of product, covered with its relevant CN code, if applicable;

(c) the quantity offered, tendered or applied for, subject to the minimum quantities laid down in Article 5, if applicable.

3. The offer, tender or application shall not include any additional conditions introduced by the operator other than those laid down in this Regulation or in the relevant [F6 published tendering procedure or the Regulation] fixing the amount of aid for private storage in advance.

4. Where the time limit for the submission of offers, tenders or applications is a public holiday, the offers, tenders or applications shall be submitted at the latest on the last working day preceding the public holiday.

5. Offers, tenders or applications submitted on a Saturday, Sunday or public holiday shall be deemed to be received by the paying agency on the first working day following the day on which they were submitted.

6. Offers, tenders or applications shall not be withdrawn or amended after their submission.

7. The paying agency shall register the admissible offers, tenders or applications and the quantities concerned on the day on which they are received.

8. The rights and obligations resulting from the acceptance of the offer, tender or application shall not be transferable.

[F7 9. This Article does not apply in relation to public intervention schemes in England, otherwise than in connection with exceptional market conditions which are the subject of a declaration under section 20 of the Agriculture Act 2020.]

[F8 10. This Article ceases to apply in relation to public intervention schemes in Scotland, otherwise than in connection with public intervention measures which the appropriate authority takes under Article 219(1) of Regulation (EU) No 1308/2013, for a period of five years beginning on 1 July 2023.]

Textual Amendments

F3 Words in Art. 2(1) omitted (31.12.2020) by virtue of The Market Measures Payment Schemes (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/823), regs. 1, 6(4)(a); 2020 c. 1, Sch. 5 para. 1(1)

F4 Words in Art. 2(2) substituted (31.12.2020) by The Market Measures Payment Schemes (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/823), regs. 1, 6(4)(b)(i); 2020 c. 1, Sch. 5 para. 1(1)

F5 Words in Art. 2(2)(a) substituted (31.12.2020) by The Market Measures Payment Schemes (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/823), regs. 1, 6(4)(b)(ii); 2020 c. 1, Sch. 5 para. 1(1)

F6 Words in Art. 2(3) substituted (31.12.2020) by The Market Measures Payment Schemes (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/823), regs. 1, 6(4)(c); 2020 c. 1, Sch. 5 para. 1(1)

F7 Art. 2(9) inserted (E.) (28.2.2023 at 9.10 a.m.) by The Market Measures Payment Schemes (Amendments, Revocation and Transitional Provision) (England) Regulations 2023 (S.I. 2023/124), regs. 1(2)(b), 9(2) (with reg. 10)

F8 Art. 2(10) inserted (S.) (1.7.2023) by The Public Intervention and Private Storage Aid (Amendment and Suspension) (Scotland) Regulations 2023 (S.S.I. 2023/150), regs. 1, 9(2) (with reg. 10)