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Commission Regulation (EC) No 826/2008 (repealed)Show full title
Commission Regulation (EC) No 826/2008 of 20 August 2008 laying down common rules for the granting of private storage aid for certain agricultural products (repealed)
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Article 28Removal from storage
1.Removal from storage may start on the day following the last day of the contractual storage period or, as the case may be, from the date specified in the Regulation fixing the amount of aid in advance or opening the tendering procedure.
2.Removal from store shall be in whole storage lots or, if the competent authority so authorises, in smaller quantities.
However, in the case referred to in Article 27(3) and in Article 36(5)(a), only a sealed quantity may be removed from store.
3.It may be provided that on the expiry of a storage period of two months the contracting party may remove from storage all or part of the quantity of products under a given contract, subject to a minimum of 5 tonnes per contracting party and per storage place or, if less than 5 tonnes is available, the total quantity under contract in a storage place, provided that, within 60 days following their removal from storage, one of the following conditions is met:
(a)the products left the Community’s customs territory without further processing;
(b)the products reached their destination without further processing, in the cases referred to in Article 36(1) of Commission Regulation (EC) No 800/1999(1); or
(c)the products are placed without further processing in a victualling warehouse approved pursuant to Article 40(2) of Regulation (EC) No 800/1999.
The contractual storage period shall end for each individual lot intended for export on the day before:
(a)the day of removal from storage; or
(b)the day of acceptance of the export declaration, where a product has not been moved.
The amount of aid shall be reduced in proportion to the reduction in the storage period by applying daily amounts to be fixed by the Commission in accordance with the procedure referred to in Article 195(2) of Regulation (EC) No 1234/2007.
For the purposes of this paragraph, proof of export shall be furnished in accordance with Articles 7 and 8 of Regulation (EC) No 800/1999 in the case of products qualifying for a refund.
In the case of products not qualifying for a refund, proof of export shall be furnished in the cases provided for in Article 8 of Regulation (EC) No 800/1999 by producing the original T5 control copy, in accordance with Articles 912a, 912b, 912c, 912e and 912g of Commission Regulation (EEC) No 2454/93(2). In box 107 of the control copy the number of this Regulation shall be mentioned.
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