Commission Delegated Regulation (EU) 2016/1238Show full title

ANNEX I U.K. BUYING-IN OF CEREALS

[F1 A1. This Annex 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.] U.K.

Textual Amendments

F1 Annex 1 point A1 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), 8(9) (with reg. 10)

[F2 A2 This Annex 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.] U.K.

Textual Amendments

F2 Annex 1 point A2 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, 8(9) (with reg. 10)

PART I U.K. Eligibility criteria for cereals

1.

The requirements referred to in Article 3 as regards cereals shall be, in particular, the following:

(a)

cereals are of the typical colour of the cereal in question;

(b)

cereals are free from abnormal smell and live pests (including mites) at every stage of their development;

(c)

cereals meet the minimum quality requirements set out in Part II; and

(d)

the levels of contaminants, including radioactivity, do not exceed the maximum levels permitted under [F3 retained EU] legislation.

2.

The maximum levels of contaminants, as referred to in point 1(d), shall be as follows:

(a)

for common wheat and durum wheat, those permitted under Council Regulation (EEC) No 315/93(1), including the requirements regarding the Fusarium-toxin level for common wheat and durum wheat laid down in points 2.4 to 2.7 of the Annex to Commission Regulation (EC) No 1881/2006(2);

(b)

for barley and maize, those set by Directive 2002/32/EC of the European Parliament and of the Council(3).

3.

[F4 The appropriate authority] shall check levels of contaminants, including radioactivity, on the basis of a risk analysis, taking account in particular of the information supplied by the operator and the commitments of the latter regarding compliance with the standards set, especially in the light of the results of the analyses.

In addition, in cases where analyses indicate that the Zeleny index of a batch of common wheat is between 22 and 30, for this wheat to be deemed sound, fair and of marketable quality, the dough obtained from it must be judged to be non-sticky and machinable.

Textual Amendments

F3 Words in Annex 1 Pt. 1 point 1(d) substituted (31.12.2020) by The Market Measures Payment Schemes (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/823), regs. 1, 5(10)(a); 2020 c. 1, Sch. 5 para. 1(1)

F4 Words in Annex 1 Pt. 1 point 3 substituted (31.12.2020) by The Market Measures Payment Schemes (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/823), regs. 1, 5(10)(b); 2020 c. 1, Sch. 5 para. 1(1)

PART II U.K. Minimum quality requirements referred to in Part I

a Of which maximum 3 % for impurities other than grains affected by fusariosis.
b As a percentage of dry matter.
‘X’ Indicates analysis required without specific limit but content to be taken into account for maximum limits set in points 2 and 4 of the table.
‘n.a.’ Not applicable, not requiring analysis.
	Durum wheat	Common wheat	Barley	Maize
A. Maximum moisture content	14,5 %	14,5 %	14,5 %	13,5 %
B. Maximum percentage of matter which is not basic cereal of unimpaired quality:	12 %	12 %	12 %	12 %
1. Broken grains	6 %	5 %	5 %	5 %
2. Grain impurities	8,5 %	7 %	12 %	5 %
2.1. Impurities other than mottled grains	5 %	7 %	12 %	5 %
(a) shrivelled grains	X	X	X	n.a.
(b) other cereals	3 %	X	5 %	X
(c) grains damaged by pests	X	X	X	X
(d) grains in which the germ is discoloured	X	X	n.a.	n.a.
(e) grains overheated during drying	0,50 %	0,50 %	3 %	0,50 %
2.2. Mottled grains	3,5 %	n.a.	n.a.	n.a.
3. Sprouted grains	4 %	4 %	6 %	6 %
4. Miscellaneous impurities	4,5 %a	3 %	3 %	3 %
of which:
(a) extraneous seeds:
— noxious	0,10 %	0,10 %	0,10 %	0,10 %
— other	X	X	X	X
(b) damaged grains:
— grains damaged by spontaneous heating or too extreme heating during drying	0,05 %	0,05 %	X	X
— grains affected with fusariosis	1,5 %	X	X	X
— other	X	X	X	X
(c) extraneous matter	X	X	X	X
(d) husks (cob fragments in the case of maize)	X	X	X	X
(e) ergot	0,05 %	0,05 %	n.a.	n.a.
(f) decayed grains	X	X	n.a.	n.a.
(g) impurities of animal origin	X	X	X	X
C. Maximum percentage of wholly or partially mitadiné grains	27 %	n.a.	n.a.	n.a.
D. Minimum specific weight (kg/hl)	78	73	62	n.a.
E. Minimum protein contentb	11,5 %	11,0 %	n.a.	n.a.
F. Hagberg falling number (seconds)	220	220	n.a.	n.a.
G. Minimum Zeleny index (ml)	n.a.	22	n.a.	n.a

Matter other than basic cereals of unimpaired quality is defined in Part I of Annex I to Implementing Regulation (EU) 2016/1240.

Grains of basic cereals and other cereals which are damaged or decayed shall be classified as ‘miscellaneous impurities’ even if they have defects which belong to other categories.

ANNEX II U.K. BUYING-IN OF RICE

[F5 A1 This Annex 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.] U.K.

Textual Amendments

F5 Annex 2 point A1 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), 8(9) (with reg. 10)

[F6 A2 This Annex 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.] U.K.

Textual Amendments

F6 Annex 2 point A2 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, 8(10) (with reg. 10)

PART I U.K. Eligibility criteria for paddy rice

1.

The requirements referred to in Article 3 as regards rice shall be, in particular, the following:

(a)

the paddy rice is free of odour and does not contain live insects;

(b)

the moisture content does not exceed 14,5 %;

(c)

the milling yield is not more than five points below the basic yields listed in Part II;

(d)

the percentage of miscellaneous impurities, the percentage of rice grains of other varieties and the percentage of grains which do not comply with the standard quality as defined in Part A of Annex III to Regulation (EU) No 1308/2013, do not exceed the maximum percentages set out in Part III of this Annex, by type of rice;

(e)

the level of radioactivity does not exceed the maximum levels permitted by [F7 retained EU] legislation.

2.

For the purposes of this Annex, ‘miscellaneous impurities’ means foreign matter other than rice.

Textual Amendments

F7 Words in Annex 2 point 1(e) substituted (31.12.2020) by The Market Measures Payment Schemes (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/823), regs. 1, 5(11); 2020 c. 1, Sch. 5 para. 1(1)

PART II U.K. Criteria for milling yield

Basic milling yield U.K.

Description of variety	Whole-grain yield (%)	Overall yield (%)
Argo, Selenio, Couachi	66	73
Alpe, Arco, Balilla, Balilla Sollana, Bomba, Elio, Flipper, Lido, Sara, Thainato, Thaiperla, Veta, Guadiamar	65	73
Ispaniki A, Makedonia	64	73
Bravo, Europa, Loto, Riva, Rosa Marchetti, Savio, Veneria	63	72
Ariete, Bahia, Carola, Cigalon, Cripto, Drago, Eolo, Gladio, Graldo, Koral, Mercurio, Niva, Onda, Padano, Panda, Ribe, S. Andrea, Saturno, Senia, Smeraldo, Dion, Zeus	62	72
Strymonas	62	71
Baldo, Redi, Roma, Tebre, Volano	61	72
Thaibonnet, Puntal	60	72
Evropi	60	70
Arborio, Rea	58	72
Carnaroli, Elba, Vialone Nano	57	72
Axios	57	67
Roxani	57	66
Unnamed varieties	64	72

PART III U.K. Maximum percentages

Grain defects	Round-grain riceCN code 1006 10 92	Medium and long-grain ACN codes 1006 10 94 and 1006 10 96	Long-grain BCN code 1006 10 98
Chalky grains	6	4	4
Grains striated with red	10	5	5
Spotted and stained grains	4	2,75	2,75
Amber grains	1	0,50	0,50
Yellow grains	0,175	0,175	0,175
Miscellaneous impurities	1	1	1
Rice grains of other varieties	5	5	5

ANNEX III U.K. BUYING-IN OF BEEF

[F8 A1 This Annex 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.] U.K.

Textual Amendments

F8 Annex 3 point A1 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), 8(9) (with reg. 10)

[F9 A2 This Annex 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.] U.K.

Textual Amendments

F9 Annex 3 point A2 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, 8(11) (with reg. 10)

PART I U.K. Eligibility criteria for beef

1.

Carcasses, half-carcasses and carcasses cut into quarters, fresh or chilled (CN code 0201) as listed in Part II of this Annex falling within the following categories defined in Part A of Annex IV to Regulation (EU) No 1308/2013 may be bought in:

(a)

meat of uncastrated male animals aged from 12 months to less than 24 months (category A);

(b)

meat of castrated male animals aged from 12 months (category C);

(c)

meat of male animals aged from 8 months to less than 12 months (category Z).

2.

Products referred to in point 1 may be bought in only under the following conditions:

(a)

they have been slaughtered in accordance with Regulation (EC) No 853/2004 and Regulation (EC) No 854/2004 of the European Parliament and of the Council(4);

(b)

they have been classified, presented and identified in accordance with [F10 Commission Delegated Regulation (EU) 2017/1182];

(c)

they have been labelled in accordance with Regulation (EC) No 1760/2000 of the European Parliament and of the Council(5);

(d)

they come from animals slaughtered not more than six days and not less than two days previously.

Textual Amendments

F10 Words in Annex 3 Pt. 1 point 2(b) substituted (31.12.2020) by The Market Measures Payment Schemes (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/823), regs. 1, 5(12)(a); 2020 c. 1, Sch. 5 para. 1(1)

[F11 PART II U.K. Classification of products

For the purpose of this Part, category Z refers only to male animals as described in point 1(c) of Part I.

I. GREAT BRITAIN

Carcases, half-carcases:

Category C, class U3

Category C, class U4

Category C, class R3

Category C, class R4

Category C, class O3

Category C, class O4

Category A, class U2

Category A, class U3

Category A, class R2

Category A, class R3

Category A, class O2

Category A, class O3

Category Z, class U2

Category Z, class U3

Category Z, class R2

Category Z, class R3

Category Z, class O2

Category Z, class O3

II. NORTHERN IRELAND

Carcases, half-carcases:

Category C, class U3

Category C, class U4

Category C, class R3

Category C, class R4

Category C, class O3

Category C, class O4

Category A, class U2

Category A, class U3

Category A, class R2

Category A, class R3

Category A, class O2

Category A, class O3

Category Z, class U2

Category Z, class U3

Category Z, class R2

Category Z, class R3

Category Z, class O2

Category Z, class O3]

Textual Amendments

F11 Annex 3 Pt. 2 substituted (31.12.2020) by The Market Measures Payment Schemes (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/823), regs. 1, 5(12)(b); 2020 c. 1, Sch. 5 para. 1(1)

ANNEX IV U.K. BUYING-IN OF BUTTER

[F12 A1 This Annex 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.] U.K.

Textual Amendments

F12 Annex 4 para. A1 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), 8(9) (with reg. 10)

[F13 A2 This Annex 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.] U.K.

Textual Amendments

F13 Annex 4 point A2 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, 8(12) (with reg. 10)

PART I U.K. Eligibility criteria for butter

1.

The paying agency shall only buy-in butter which complies with Article 11(d) of Regulation (EU) No 1308/2013, with points 2 to 6 of this Part of this Annex and with Part II of Annex IV to Implementing Regulation (EU) 2016/1240.

2.

The paying agency shall check the quality of butter using the methods referred to in Article 4 of Implementing Regulation (EU) 2016/1240, and on the basis of samples taken in accordance with the rules set out in Part I of Annex IV to that Regulation. However, paying agencies may, subject to written agreement of the [F14 appropriate authority], set up a system of self checking under their own supervision in respect of certain quality requirements and for certain approved undertakings.

3.

Levels of radioactivity in butter may not exceed the maximum levels permitted under [F15 retained EU] legislation and shall be monitored only if the situation so requires.

4.

The butter shall have been made during the 31 days preceding the day on which the paying agency receives the offer to sell at fixed price or, in the case of tenders, during the 31 days preceding the closing date of the tendering sub-period.

5.

F16 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

6.

F17 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F14 Words in Annex 4 Pt. 1 para. 2 substituted (31.12.2020) by The Market Measures Payment Schemes (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/823), regs. 1, 5(13)(a)(i); 2020 c. 1, Sch. 5 para. 1(1)

F15 Words in Annex 4 Pt. 1 para. 3 substituted (31.12.2020) by The Market Measures Payment Schemes (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/823), regs. 1, 5(13)(a)(ii); 2020 c. 1, Sch. 5 para. 1(1)

F16 Annex 4 Pt. 1 para. 5 omitted (31.12.2020) by virtue of The Market Measures Payment Schemes (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/823), regs. 1, 5(13)(a)(iii); 2020 c. 1, Sch. 5 para. 1(1)

F17 Annex 4 Pt. 1 para. 6 omitted (31.12.2020) by virtue of The Market Measures Payment Schemes (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/823), regs. 1, 5(13)(a)(iii); 2020 c. 1, Sch. 5 para. 1(1)

[F18 PART II U.K. Compositional requirements and quality characteristics

Butter is a solid emulsion, mainly of the water-in-oil type, with the following compositional and quality characteristics:

Parameters	Content and quality characteristics
Fat	Minimum 82 %
Water	Maximum 16 %
Non-fat solids	Maximum 2 %
Fat acidity	Maximum 1,2 mmole/100 g fat
Peroxide value	Maximum 0,3 meq oxygen/ 1 000 g fat
Non-milk fat	Not detectable by triglyceride analysis
Sensory characteristics	At least four out of five points for appearance, flavour and consistency]

Textual Amendments

F18 Substituted by Commission Delegated Regulation (EU) 2018/149 of 15 November 2017 amending Delegated Regulation (EU) 2016/1238 with regard to the compositional requirements and quality characteristics of milk and milk products eligible for public intervention and aid for private storage.

PART III U.K. Criteria for the approval of undertakings referred to in Article 11(d) of Regulation (EU) No 1308/2013

1.

Undertakings referred to in Article 11(d) of Regulation (EU) No 1308/2013 shall be approved only if they:

(a)

are approved in accordance with Article 4 of Regulation (EC) No 853/2004 and have the appropriate technical equipment;

(b)

undertake to keep permanent records in the form determined by the competent body F19 ..., listing the supplier and origin of the raw materials, the quantities of butter obtained and the packaging, identification and exit date of each production batch intended for public intervention;

(c)

agree to submit their production of butter liable to be offered for intervention to a specific official inspection;

(d)

undertake to inform the competent body, at least two working days in advance, of their intention to produce butter for public intervention; however, the [F20 appropriate authority] may set a shorter time limit.

2.

To ensure compliance with this Regulation, the competent bodies shall carry out unannounced on-the-spot inspections, on the basis of the intervention butter production schedule of the undertakings concerned.

They shall carry out at least:

(a)

one inspection per period of 28 days of production for intervention with at least one inspection every year, to examine the records referred to in point 1(b);

(b)

one inspection every year when butter is produced for intervention, to verify compliance with the other conditions for approval referred to in point 1.

3.

Approval shall be withdrawn if the conditions laid down in point 1(a) are no longer satisfied. Approval may be re-granted at the request of the undertaking concerned after a period of at least six months, following a thorough inspection.

Except in cases of force majeure, where an undertaking is found not to have complied with one of its commitments as referred to in point 1(b), (c) and (d), approval shall be suspended for a period of between one month and 12 months depending on the seriousness of the irregularity.

The [F21 appropriate authority] shall not impose suspension where it is established that the irregularity was not committed deliberately or as a result of serious negligence and that it is of minor importance with regard to the effectiveness of the inspections provided for in point 2.

4.

A report shall be drawn up on the inspections carried out pursuant to points 2 and 3, specifying:

(a)

the date of the inspection;

(b)

the duration of the inspection;

(c)

the operations carried out.

The report shall be signed by the inspector responsible.

Textual Amendments

F19 Words in Annex 4 Pt. 3 para. 1(b) omitted (31.12.2020) by virtue of The Market Measures Payment Schemes (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/823), regs. 1, 5(13)(b)(i); 2020 c. 1, Sch. 5 para. 1(1)

F20 Words in Annex 4 Pt. 3 para. 1(d) substituted (31.12.2020) by The Market Measures Payment Schemes (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/823), regs. 1, 5(13)(b)(ii); 2020 c. 1, Sch. 5 para. 1(1)

F21 Words in Annex 4 Pt. 3 para. 3 substituted (31.12.2020) by The Market Measures Payment Schemes (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/823), regs. 1, 5(13)(b)(iii); 2020 c. 1, Sch. 5 para. 1(1)

ANNEX V U.K. BUYING-IN OF SKIMMED MILK POWDER

[F22 A1 This Annex 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.] U.K.

Textual Amendments

F22 Annex 5 para. A1 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), 8(9) (with reg. 10)

[F23 A2 This Annex 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.] U.K.

Textual Amendments

F23 Annex 5 point A2 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, 8(13) (with reg. 10)

PART I U.K. Eligibility criteria for skimmed milk powder

1.

The paying agency shall only buy-in skimmed milk powder which complies with Article 11(e) of Regulation (EU) No 1308/2013, with points 2 to 6 of this Part of this Annex and with Part II of Annex V to Implementing Regulation (EU) 2016/1240.

2.

The paying agency shall check the quality of skimmed-milk powder using the methods referred to in Article 4 of Implementing Regulation (EU) 2016/1240, and on the basis of samples taken in accordance with the rules set out in Part I of Annex V to that Regulation. The checks must establish that, except authorised raw materials used for protein adjustment as referred to in point (4)(b) of Annex I to Council Directive 2001/114/EC(6), the skimmed milk powder does not contain other products, in particular buttermilk and whey, as defined in Part II of this Annex.

Protein adjustment, if applicable, shall occur in the liquid phase. Material used for protein adjustment shall be of [F24 United Kingdom] origin.

However, paying agencies may, subject to written agreement of the [F25 appropriate authority], set up a system of self-checking under their own supervision in respect of certain quality requirements and for certain approved undertakings.

3.

Levels of radioactivity in skimmed-milk powder may not exceed the maximum levels permitted under [F26 retained EU] legislation and shall be monitored only if the situation so requires.

4.

The skimmed-milk powder must have been produced during the 31 days preceding the day on which the paying agency receives the offer to sell at fixed price or, in the case of tenders, during the 31 days preceding the closing date of the tendering sub-period. If the skimmed-milk powder is stored in silos containing the production of more than one day, it must have been produced during the three weeks preceding the week during which the offer to sell at fixed price is received or, in the case of tenders, during the four weeks preceding the closing date of the tendering sub-period.

5.

F27 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

6.

F28 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F24 Words in Annex 5 Pt. 1 para. 2 substituted (31.12.2020) by The Market Measures Payment Schemes (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/823), regs. 1, 5(14)(a)(i)(aa); 2020 c. 1, Sch. 5 para. 1(1)

F25 Words in Annex 5 Pt. 1 para. 2 substituted (31.12.2020) by The Market Measures Payment Schemes (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/823), regs. 1, 5(14)(a)(i)(bb); 2020 c. 1, Sch. 5 para. 1(1)

F26 Words in Annex 5 Pt. 1 para. 3 substituted (31.12.2020) by The Market Measures Payment Schemes (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/823), regs. 1, 5(14)(a)(ii); 2020 c. 1, Sch. 5 para. 1(1)

F27 Annex 5 Pt. 1 para. 5 omitted (31.12.2020) by virtue of The Market Measures Payment Schemes (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/823), regs. 1, 5(14)(a)(iii); 2020 c. 1, Sch. 5 para. 1(1)

F28 Annex 5 Pt. 1 para. 6 omitted (31.12.2020) by virtue of The Market Measures Payment Schemes (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/823), regs. 1, 5(14)(a)(iii); 2020 c. 1, Sch. 5 para. 1(1)

[F18 PART II U.K. Compositional requirements and quality characteristics

a ‘Buttermilk’ means the by-product of butter production obtained after churning of the cream and separation of the solid fat.
b The absence of buttermilk can be established either by an on-the-spot inspection of the production plant carried out without prior notice at least once a week, or by a laboratory analysis of the end product indicating a maximum of 69,31 mg of PEDP phosphatidylethanolamine dipalmitoyl per 100 g.
c ‘Whey’ means the by-product of cheese or casein production obtained by the action of acids, rennet and/or chemico-physical processes.
d When on-the-spot inspections are carried out.
e When ISO 8069 is applied.]
Parameters	Content and quality characteristics
Protein	Minimum 34,0 % of the non-fat dry matter
Fat	Maximum 1,00 %
Water	Maximum 3,5 %
Titratable acidity in ml of decinormal sodium hydroxide solution	Maximum 19,5 ml
Lactates	Maximum 150 mg/100 g
Phosphatase test	Negative, i.e., not more than 350 mU of phosphatasic activity per litre of reconstituted milk
Insolubility index	Maximum 0,5 ml (24 °C)
Scorched particles	Maximum 15,0 mg, i.e. disc B minimum
Micro-organisms	Maximum 40 000 CFU per gram
Buttermilk a	None b
Rennet whey c	None
Acid whey c	None d or maximum 150 mg/100 g e
Taste and smell	Clean
Appearance	White or slightly yellowish colour, free from impurities and coloured particles

PART III U.K. Criteria for the approval of undertakings referred to in Article 11(e) of Regulation (EU) No 1308/2013

1.

Undertakings referred to in Article 11(e) of Regulation (EU) No 1308/2013 shall be approved only if they:

(a)

are approved in accordance with Article 4 of Regulation (EC) No 853/2004 and have the appropriate technical equipment;

(b)

undertake to keep permanent records in the form determined by the competent body F29 ..., listing the supplier and origin of the raw materials, the quantities of skimmed-milk powder, buttermilk and whey obtained and the packaging, identification and exit date of each production batch intended for public intervention;

(c)

agree to submit their production of skimmed milk powder liable to be offered for intervention to a specific official inspection;

(d)

undertake to inform the competent body, at least two working days in advance, of their intention to produce skimmed milk powder for public intervention; however, the [F30 appropriate authority] may set a shorter time limit.

2.

To ensure compliance with this Regulation, the competent bodies shall carry out unannounced on-the-spot inspections, on the basis of the intervention skimmed milk powder production schedule of the undertakings concerned.

They shall carry out at least:

(a)

one inspection per period of 28 days of production for intervention with at least one inspection every year, to examine the records referred to in point 1(b);

(b)

one inspection every year when skimmed milk powder is produced for intervention, to verify compliance with the other conditions for approval referred to in point 1.

3.

Approval shall be withdrawn if the conditions laid down in point 1(a) are no longer satisfied. Approval may be re-granted at the request of the undertaking concerned after a period of at least six months, following a thorough inspection.

Except in cases of force majeure, where an undertaking is found not to have complied with one of its commitments as referred to in point 1(b), (c) and (d), approval shall be suspended for a period of between one month and 12 months depending on the seriousness of the irregularity.

The [F31 appropriate authority] shall not impose suspension where it is established that the irregularity was not committed deliberately or as a result of serious negligence and that it is of minor importance with regard to the effectiveness of the inspections provided for in point 2.

4.

A report shall be drawn up on the inspections carried out pursuant to points 2 and 3, specifying:

(a)

the date of the inspection;

(b)

the duration of the inspection;

(c)

the operations carried out.

The report shall be signed by the inspector responsible.

Textual Amendments

F29 Words in Annex 5 Pt. 3 para. 1(b) omitted (31.12.2020) by virtue of The Market Measures Payment Schemes (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/823), regs. 1, 5(14)(b)(i); 2020 c. 1, Sch. 5 para. 1(1)

F30 Words in Annex 5 Pt. 3 para. 1(d) substituted (31.12.2020) by The Market Measures Payment Schemes (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/823), regs. 1, 5(14)(b)(ii); 2020 c. 1, Sch. 5 para. 1(1)

F31 Words in Annex 5 Pt. 3 para. 3 substituted (31.12.2020) by The Market Measures Payment Schemes (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/823), regs. 1, 5(14)(b)(iii); 2020 c. 1, Sch. 5 para. 1(1)

ANNEX VI U.K. QUALITY REQUIREMENTS FOR AID FOR PRIVATE STORAGE

Levels of radioactivity in the products eligible for aid for private storage may not exceed the maximum levels permitted, where applicable, under [F32 retained EU] legislation. The level of radioactive contamination of the products shall be monitored only if the situation so requires, and during the requisite period.

Textual Amendments

F32 Words in Annex 6 substituted (31.12.2020) by The Market Measures Payment Schemes (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/823), regs. 1, 5(15)(a); 2020 c. 1, Sch. 5 para. 1(1)

I. Sugar U.K.

Sugar for which a tender or application is presented shall:

(a)

be white sugar in crystal form in bulk, or in big bags of 800 kg or more showing the net weight;

(b)

have a moisture content not exceeding 0,06 %.

F33 ...

Textual Amendments

F33 Words in Annex 6(1) omitted (31.12.2020) by virtue of The Market Measures Payment Schemes (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/823), regs. 1, 5(15)(b); 2020 c. 1, Sch. 5 para. 1(1)

II. Flax fibre U.K.

Aid shall only be granted for long flax fibre obtained by complete separation of the fibres and the woody parts of the stalk that are at least 50 cm long on average after scutching and are arranged in parallel strands in bundles, sheets or slivers and for which the minimum quantity for applications or tenders for aid is of 2 000 kg.

Long flax fibres shall be stored in bales on which may be encoded, where appropriate:

(a)

the number identifying the factory F34 ... of production;

(b)

the date of entry into storage;

(c)

the net weight.

Textual Amendments

F34 Words in Annex 6(2)(a) omitted (31.12.2020) by virtue of The Market Measures Payment Schemes (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/823), regs. 1, 5(15)(c); 2020 c. 1, Sch. 5 para. 1(1)

III. Meat U.K.

Aid shall only be granted for:

(a)

beef classified in accordance with the F35 ... scale for the classification of carcasses laid down in Commission [F36 Regulation (EU) No 2017/1182, and identified in accordance with Article 8(2)(a)] of that Regulation;

(b)

carcasses of lambs less than 12 months old and cuts thereof;

(c)

meat from animals raised in the [F37 United Kingdom] for a minimum period of the last three months in case of beef, two months in case of pigmeat and sheepmeat and goatmeat and slaughtered not more than 10 days before being placed in storage. In the case of pigs slaughtered younger than two months of age, the meat shall come from animals raised in the [F37 United Kingdom] since their birth;

(d)

meat from animals that have been slaughtered in accordance with Regulation (EC) No 853/2004 and Regulation (EC) No 854/2004 of the European Parliament and of the Council;

(e)

meat from animals with no characteristics rendering them unfit for storage or subsequent use;

(f)

meat from animals not slaughtered as a result of emergency measures;

(g)

meat in the fresh state and stored in the frozen state.

Textual Amendments

F35 Word in Annex 6(3)(a) omitted (31.12.2020) by virtue of The Market Measures Payment Schemes (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/823), regs. 1, 5(15)(d)(i)(aa); 2020 c. 1, Sch. 5 para. 1(1)

F36 Words in Annex 6(3)(a) substituted (31.12.2020) by The Market Measures Payment Schemes (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/823), regs. 1, 5(15)(d)(i)(bb); 2020 c. 1, Sch. 5 para. 1(1)

F37 Words in Annex 6(3)(c) substituted (31.12.2020) by The Market Measures Payment Schemes (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/823), regs. 1, 5(15)(d)(ii); 2020 c. 1, Sch. 5 para. 1(1)

IV. Butter U.K.

Aid shall only be granted for butter:

(a)

with a minimum milkfat content, by weight, of 80 %, a maximum milk solids-non-fat content, by weight, of 2 % and a maximum water content, by weight, of 16 %;

(b)

produced during the 60 days preceding the day of application or the day of submission of the tender.

The packaging of the butter shall show the net weight. In addition, the rules on packaging of butter in Part II of Annex IV to Implementing Regulation (EU) 2016/1240 shall apply, with the exception of the obligation to indicate the term ‘sweet cream’ where the butter has a pH of 6,2 or higher.

Compliance with the origin requirement can be substantiated by proof that the butter was produced in an undertaking approved in accordance with point 1(a), (b) and (c) of Part III of Annex IV to this Regulation, or by another appropriate proof issued by the competent authority F38 ... testifying compliance with that requirement.

Textual Amendments

F38 Words in Annex 6(4) omitted (31.12.2020) by virtue of The Market Measures Payment Schemes (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/823), regs. 1, 5(15)(e)(i); 2020 c. 1, Sch. 5 para. 1(1)

F39 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F39 Words in Annex 6(4) omitted (31.12.2020) by virtue of The Market Measures Payment Schemes (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/823), regs. 1, 5(15)(e)(ii); 2020 c. 1, Sch. 5 para. 1(1)

V. Cheese U.K.

Aid shall only be granted for cheese benefiting from a protected designation of origin (PDO) or from a protected geographical indication (PGI) which on the day when the storage contract commences has a minimum age corresponding to the period of maturation laid down in the product specification referred to in Article 7 of Regulation (EU) No 1151/2012 of the European Parliament and of the Council(7) for that cheese as it will be marketed after the storage under contract increased by the maturing period beyond this period that contributes to increasing the value of the cheese.

Where a period of maturation is not laid down in the product specification referred to in Article 7 of Regulation (EU) No 1151/2012, the cheese shall on the day when the storage contract starts have a minimum age corresponding to any period of maturation that contributes to increasing the value of the cheese.

Furthermore, the cheese shall comply with the following requirements:

(a)

it is indelibly marked with an indication, which may be encoded, of the undertaking in which it was manufactured and with the date of manufacture;

(b)

[F40 it is stored as a whole cheese in the United Kingdom; and]

(c)

it has not been the subject of a previous storage contract.

Textual Amendments

F40 Annex 6(5)(b) substituted (31.12.2020) by The Market Measures Payment Schemes (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/823), regs. 1, 5(15)(f); 2020 c. 1, Sch. 5 para. 1(1)

The storekeeper shall keep a register in which the particulars referred to in point (a) of the third paragraph are entered on the date of entry into store.

[F41 In relation to England, the text under this heading is to be read as if—

(a)

the first and second paragraphs were omitted;

(b)

in the third paragraph, for “Furthermore, the cheese” there were substituted “Cheese”.]

Textual Amendments

F41 Words in Annex 6(5) inserted (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), 8(10) (with reg. 10)

[F42 In relation to Scotland, the text under this heading is to be read as if—

(a)

the first and second paragraphs were omitted;

(b)

in the third paragraph, for “Furthermore, the cheese” there were substituted “Cheese”.]

Textual Amendments

F42 Words in Annex 6(5) 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, 8(14) (with reg. 10)

VI. Skimmed milk powder U.K.

Aid shall only be granted for skimmed milk powder:

(a)

which contains no more than 1,5 % fat and 5 % water and has a protein content of the non-fat dry matter of at least 34 %;

(b)

has been produced during the 60 days preceding the day of application or the day of submission of the tender;

(c)

which is stored in bags with a net weight of 25 kg or in ‘big bags’ weighing no more than 1 500 kg.

The bags shall show the net weight. In addition, the rules in points 2 and 3 of Part II of Annex V to Implementing Regulation (EU) 2016/1240 on the delivery and packaging of skimmed milk powder shall apply, with the exception of the obligation to indicate the term ‘spray skimmed milk powder’ on the bags.

Compliance with the origin requirement can be substantiated by proof that the skimmed milk powder was produced in an undertaking approved in accordance with point 1(a), (b) and (c) of Part III of Annex V to this Regulation, or by another appropriate proof issued by the competent authority F43 ... testifying compliance with that requirement.

Textual Amendments

F43 Words in Annex 6(6) omitted (31.12.2020) by virtue of The Market Measures Payment Schemes (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/823), regs. 1, 5(15)(g)(i); 2020 c. 1, Sch. 5 para. 1(1)

F44 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F44 Words in Annex 6(6) omitted (31.12.2020) by virtue of The Market Measures Payment Schemes (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/823), regs. 1, 5(15)(g)(ii); 2020 c. 1, Sch. 5 para. 1(1)

ANNEX VII U.K. CONDITIONS APPLICABLE TO OPERATORS SUBMITTING A TENDER FOR AID FOR PRIVATE STORAGE OR AN APPLICATION FOR AID FOR PRIVATE STORAGE IN THE OLIVE OIL SECTOR

Olive oil operators shall fall into one of the following categories:

(a)

F45 ...

(b)

a mill extracting olive oil that fulfils [F46 any statutory requirements] laid down F47 ...;

(c)

an olive oil packaging firm that fulfils [F48 any statutory requirements] laid down F49 ....

Textual Amendments

F45 Annex 7 point (a) omitted (31.12.2020) by virtue of The Market Measures Payment Schemes (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/823), regs. 1, 5(16)(a); 2020 c. 1, Sch. 5 para. 1(1)

F46 Words in Annex 7 point (b) substituted (31.12.2020) by The Market Measures Payment Schemes (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/823), regs. 1, 5(16)(b)(i); 2020 c. 1, Sch. 5 para. 1(1)

F47 Words in Annex 7 point (b) omitted (31.12.2020) by virtue of The Market Measures Payment Schemes (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/823), regs. 1, 5(16)(b)(ii); 2020 c. 1, Sch. 5 para. 1(1)

F48 Words in Annex 7 point (c) substituted (31.12.2020) by The Market Measures Payment Schemes (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/823), regs. 1, 5(16)(b)(i); 2020 c. 1, Sch. 5 para. 1(1)

F49 Words in Annex 7 point (c) omitted (31.12.2020) by virtue of The Market Measures Payment Schemes (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/823), regs. 1, 5(16)(b)(ii); 2020 c. 1, Sch. 5 para. 1(1)

If an olive oil operator fails to comply with the obligations set out in this Regulation or in Regulations (EU) No 1305/2013 of the European Parliament and of the Council(8), (EU) No 1307/2013 of the European Parliament and of the Council(9) or (EU) No 1308/2013, it shall not be eligible to submit a tender or an application for aid for private storage within 12 months from the date on which the reasons for such non-compliance have been remedied.

Such action shall not be taken in cases referred to in points (a) to (d) of Article 64(2) of Regulation (EU) No 1306/2013 or if the non-compliance was of a minor nature.

(1)

Council Regulation (EEC) No 315/93 of 8 February 1993 laying down Community procedures for contaminants in food (OJ L 37, 13.2.1993, p. 1).

(2)

Commission Regulation (EC) No 1881/2006 of 19 December 2006 setting maximum levels for certain contaminants in foodstuffs (OJ L 364, 20.12.2006, p. 5).

(3)

Directive 2002/32/EC of the European Parliament and of the Council of 7 May 2002 on undesirable substances in animal feed (OJ L 140, 30.5.2002, p. 10).

(4)

Regulation (EC) No 854/2004 of the European Parliament and of the Council of 29 April 2004 laying down specific rules for the organisation of official controls on products of animal origin intended for human consumption (OJ L 139, 30.4.2004, p. 206).

(5)

Regulation (EC) No 1760/2000 of the European Parliament and of the Council of 17 July 2000 establishing a system for the identification and registration of bovine animals and regarding the labelling of beef and beef products and repealing Council Regulation (EC) No 820/97 (OJ L 204, 11.8.2000, p. 1).

(6)

Council Directive 2001/114/EC of 20 December 2001 relating to certain partly or wholly dehydrated preserved milk for human consumption (OJ L 15, 17.1.2002, p. 19).

(7)

Regulation (EU) No 1151/2012 of the European Parliament and of the Council of 21 November 2012 on quality schemes for agricultural products and foodstuffs (OJ L 343, 14.12.2012, p. 1).

(8)

Regulation (EU) No 1305/2013 of the European Parliament and of the Council of 17 December 2013 on support for rural development by the European Agricultural Fund for Rural Development (EAFRD) and repealing Council Regulation (EC) No 1698/2005 (OJ L 347, 20.12.2013, p. 487).

(9)

Regulation (EU) No 1307/2013 of the European Parliament and of the Council of 17 December 2013 establishing rules for direct payments to farmers under support schemes within the framework of the common agricultural policy and repealing Council Regulation (EC) No 637/2008 and Council Regulation (EC) No 73/2009 (OJ L 347, 20.12.2013, p. 608).