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

CHAPTER I U.K. Specific rules for aid for private storage

Section I U.K. General provisions

Article 39 U.K. Opening of tendering procedures and fixing aid in advance

1. [F1 Any tendering procedure (where tendering applies) or Regulations] fixing the amount of aid in advance may contain the following information:

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

(b) in the case of aid fixed in advance, the amount of aid for storage per unit of measurement for the products covered;

(c) the unit of measurement of the quantities;

(d) if the tender or aid fixed in advance relates to products that have already been placed in storage;

(e) in the case of tenders, the period covered (‘tendering period’) and, if necessary, the different sub-periods during which tenders can be submitted, and in the case of aid fixed in advance the period for submitting an application;

(f) the period of storage;

(g) the global quantity, if applicable;

(h) the minimum quantity per tender or application;

(i) the amount of the security per unit of measurement in the case of tenders and, where applicable, for applications;

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

(k) the specifications that have to appear on the packaging, if applicable.

[F2 1A. 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, or in relation to private storage aid schemes in England, paragraph 1 is to be read as if point (i) were omitted.]

[F3 1B. 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, paragraph 1 is to be read as if point (i) were omitted

1C. In relation to private storage aid schemes in Scotland, paragraph 1 is to be read as if point (i) were omitted.]

F4 2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

3. In the case of tenders, at least six days shall elapse between F5 ... opening the tendering procedure and the first date for the submission of tenders.

Textual Amendments

F1 Words in Art. 39(1) substituted (31.12.2020) by The Agriculture (Legislative Functions) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/831), regs. 1(4)(a), 60(a) (as amended by S.I. 2020/1445, regs. 1(2)(a), 16(8)); 2020 c. 1, Sch. 5 para. 1(1)

F2 Art. 39(1A) 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(9) (with reg. 10)

F3 Art. 39(1B)(1C) 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(9) (with reg. 10)

F4 Art. 39(2) omitted (31.12.2020) by virtue of The Agriculture (Legislative Functions) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/831), regs. 1(4)(a), 60(b); 2020 c. 1, Sch. 5 para. 1(1)

F5 Words in Art. 39(3) omitted (31.12.2020) by virtue of The Agriculture (Legislative Functions) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/831), regs. 1(4)(a), 60(c); 2020 c. 1, Sch. 5 para. 1(1)

Article 40 U.K. Submission and admissibility of tenders and applications for aid for private storage

A tender or application for aid for private storage shall be admissible if it complies with the requirements laid down in Article 2 and the following conditions are met:

(a)

it includes at least the following information:

(i)

a reference to the [F6 published tendering procedure or Regulations] fixing the amount of aid for private storage in advance;

(ii)

the storage period where so required in the [F6 published tendering procedure or Regulations] fixing the amount of aid for private storage in advance;

(iii)

the quantity of products covered by the tender or application;

(iv)

where products are already stored, the name and address of each place of private storage, the location of the storage lots/batches/vats/silos with the corresponding quantities and, where appropriate, the number identifying the approved undertaking;

(v)

in the case of tenders, the expiry date for the sub-period of submission;

(vi)

in the case of tenders, the amount of aid in euro proposed per unit of measurement rounded to no more than two decimal places, exclusive of VAT;

(b)

the operator has lodged the amount of the security referred to in the [F7 published tendering procedure or Regulations] fixing the amount of aid for private storage in advance.

[F8 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.

In relation to private storage aid schemes in England, this Article is to be read as if—

(a) in point (a)(vi), for “euro” there were substituted “sterling”;

(b) point (b) were omitted.]

[F9 In relation to private storage aid schemes in Scotland, this Article is to be read as if—

(a) in point (a)(vi), for “euro” there were substituted “sterling”,

(b) point (b) were omitted.]

Textual Amendments

F6 Words in Art. 40(a)(i)(ii) substituted (31.12.2020) by The Market Measures Payment Schemes (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/823), regs. 1, 6(23); 2020 c. 1, Sch. 5 para. 1(1)

F7 Words in Art. 40(b) substituted (31.12.2020) by The Market Measures Payment Schemes (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/823), regs. 1, 6(23); 2020 c. 1, Sch. 5 para. 1(1)

F8 Words in Art. 40 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(10) (with reg. 10)

F9 Words in Art. 40 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(10) (with reg. 10)

Article 41 U.K. Verification of tenders and applications by the paying agency

1. The paying agency shall decide on the admissibility of tenders and applications on the basis of the conditions set out in Articles 2 and 40.

2. Where the paying agency decides that a tender or application is inadmissible, it shall inform the operator concerned within three working days of the receipt of the tender or application.

F10 Article 42 U.K. Notification of tenders and applications to the Commission

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F10 Art. 42 omitted (31.12.2020) by virtue of The Market Measures Payment Schemes (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/823), regs. 1, 6(24); 2020 c. 1, Sch. 5 para. 1(1)

Section II U.K. Fixing the amount of aid for private storage via a tendering procedure

Article 43 U.K. Decisions on the maximum amount of aid for private storage

1. On the basis of the [F11 admissible tenders received within the time limits set down in the published tendering procedure], the [F12 appropriate authority] shall decide F13 ...:

(a) not to fix a maximum amount of the aid; or

(b) to fix a maximum amount of the aid.

2. Where the tender is subject to a global quantity as referred to in Article 39(1)(g), and if the award of the total quantities for which that amount has been offered would lead to the global quantity being exceeded, the [F14 appropriate authority] shall [F15 fix] an allocation coefficient. The coefficient shall apply to the tenders which have been received at the level of the maximum amount of aid.

By way of derogation from Article 2(6), an operator to whom an allocation coefficient applies may withdraw his tender within 10 working days of the date of entry into force of the decision fixing the allocation coefficient.

3. Decisions on aid referred to in paragraphs 1 and 2 shall be published [F16 by the appropriate authority].

Textual Amendments

F11 Words in Art. 43(1) substituted (31.12.2020) by The Market Measures Payment Schemes (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/823), regs. 1, 6(25)(a)(i) (as substituted by S.I. 2020/1445, regs. 1(2)(a), 15(3)(b)); 2020 c. 1, Sch. 5 para. 1(1)

F12 Words in Art. 43(1) substituted (31.12.2020) by The Market Measures Payment Schemes (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/823), regs. 1, 6(25)(b); 2020 c. 1, Sch. 5 para. 1(1)

F13 Words in Art. 43(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(25)(a)(ii) (as substituted by S.I. 2020/1445, regs. 1(2)(a), 15(3)(b)); 2020 c. 1, Sch. 5 para. 1(1)

F14 Words in Art. 43(2) substituted (31.12.2020) by The Market Measures Payment Schemes (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/823), regs. 1, 6(25)(b); 2020 c. 1, Sch. 5 para. 1(1)

F15 Word in Art. 43(2) substituted (31.12.2020) by The Market Measures Payment Schemes (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/823), regs. 1, 6(25)(c); 2020 c. 1, Sch. 5 para. 1(1)

F16 Words in Art. 43(3) substituted (31.12.2020) by The Market Measures Payment Schemes (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/823), regs. 1, 6(25)(d); 2020 c. 1, Sch. 5 para. 1(1)

Article 44 U.K. Individual decisions on tenders

1. Where no maximum amount of aid for private storage has been fixed, all tenders shall be rejected.

2. Where a maximum amount of aid has been fixed, the paying agency shall accept tenders which are equal to, or lower than that amount, without prejudice to Article 43(2). All the other tenders shall be rejected.

The paying agency shall only accept [F17 tenders received within the time limits set down in the published tendering procedure.].

3. The paying agency shall take the decisions referred to in paragraphs 1 and 2 of this Article after the publication of the decision of the [F18 appropriate authority] referred to in Article 43(1).

The paying agency shall notify operators of the outcome of their participation in the tendering procedure within three working days of the entry into force of that decision of the [F18 appropriate authority].

Textual Amendments

F17 Words in Art. 44(2) substituted (31.12.2020) by The Market Measures Payment Schemes (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/823), regs. 1, 6(26)(a); 2020 c. 1, Sch. 5 para. 1(1)

F18 Words in Art. 44(3) substituted (31.12.2020) by The Market Measures Payment Schemes (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/823), regs. 1, 6(26)(b); 2020 c. 1, Sch. 5 para. 1(1)

Section III U.K. Fixing the amount of aid for private storage in advance

Article 45 U.K. Decisions on applications for aid for private storage fixed in advance

1. For products already in storage, an admissible application shall be deemed to have been accepted on the eighth working day following the date of receipt of that application, provided that the [F19 appropriate authority] does not adopt a decision in accordance with paragraph 3 in the interim.

2. For products that are not already stored, decisions on acceptance of an admissible application shall be notified by the paying agency to the operator on the eighth working day following the date of receipt of that application, provided that the [F19 appropriate authority] does not adopt a decision in accordance with paragraph 3 in the interim.

3. Where an examination of the situation reveals that excessive use has been made of the aid for private storage scheme, or that there is a risk of excessive use or speculation, the [F19 appropriate authority] mayF20 ... decide to:

(a) suspend the application of the scheme for not more than five working days; applications submitted during that period shall not be accepted;

(b) set a single percentage by which the quantities in the applications are reduced, subject to observance of the minimum contractual quantity where appropriate;

(c) reject applications made before the period of suspension the acceptance of which would have been decided during the period of suspension.

By way of derogation from Article 2(6), an operator to whom point (b) of the first subparagraph applies may withdraw his application within 10 working days of the date of entry into force of the decision setting the percentage reduction.

Textual Amendments

F19 Words in Art. 45 substituted (31.12.2020) by The Market Measures Payment Schemes (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/823), regs. 1, 6(27)(a); 2020 c. 1, Sch. 5 para. 1(1)

F20 Words in Art. 45(3) omitted (31.12.2020) by virtue of The Market Measures Payment Schemes (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/823), regs. 1, 6(27)(b); 2020 c. 1, Sch. 5 para. 1(1)

Modifications etc. (not altering text)

C1 Art. 45 applied (with modifications) (E.) (16.11.2021) by The Private Storage Aid for Pigmeat (England) Regulations 2021 (S.I. 2021/1269), regs. 1(2), 7

Section IV U.K. Placing of products into private storage

Article 46 U.K. Information related to the place of private storage for products not yet in storage

Following receipt of the notification referred to in the second subparagraph of Article 44(3) or the notification of the decision referred to in Article 45(2), the operator shall notify the paying agency of the timeframe for the entry of products into storage, the name and address of each place of private storage and the corresponding quantities. The notification shall be provided to the paying agency at least five working days before the start of the placing lots into storage. The paying agency may decide to accept a shorter period than five working days.

Article 47 U.K. Placing into storage of products not yet in storage

1. Products shall be placed into storage within 28 days following the notification referred to in the second paragraph of Article 44(3) in the case of tenders, or the notification of the decision referred to in Article 45(2) in the case of applications.

2. For meat, placing in storage shall begin, for each individual lot of the quantity covered by the tender or application, on the day on which it comes under the control of the competent authority. That day shall be the day on which the net weight of the fresh or chilled product is determined:

(a) at the place of private storage, where the product is frozen on the premises;

(b) at the place of freezing, where the product is frozen in suitable facilities outside the place of private storage.

3. Placing into storage shall be considered completed on the day on which the last individual lot of the quantity covered by the tender or application is placed in storage.