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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 (Text with EEA relevance)
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1.[F2Where] no tendering procedure is open in accordance with Article 28, the paying agency may itself open a tendering procedure for the sale of intervention products when the total quantity remaining in all its storage places is less than:
(a)for each cereal: 10 000 tonnes;
(b)for rice: 2 000 tonnes;
(c)for beef, butter or skimmed milk powder: 200 tonnes.
2.Chapter II of Delegated Regulation (EU) 2016/1238 and this Chapter shall apply to a tendering procedure opened [F3by the paying agency] in accordance with paragraph 1, with the exception of Articles 28(2), 29(2)(b), 30(1)(a) and (e), F4... and 32(2) of this Regulation. Article 32(1) shall apply mutatis mutandis to a respective decision of the [F5paying agency].
3.Within the quantities fixed in paragraph 1, [F6the paying agency] may put up for direct sale products which, after visual examination in the context of the annual stocktaking in accordance with point (g) of the first subparagraph of Article 3(3) and Article 3(4) of Delegated Regulation (EU) No 907/2014 or during the inspection after taking into intervention, may no longer be repackaged or are deteriorated.
4.The [F7paying agency] shall ensure equality of access for all parties concerned.
Textual Amendments
F1Words in Art. 36 heading substituted (31.12.2020) by The Market Measures Payment Schemes (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/823), regs. 1, 6(21)(a); 2020 c. 1, Sch. 5 para. 1(1)
F2Word in Art. 36(1) substituted (31.12.2020) by The Market Measures Payment Schemes (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/823), regs. 1, 6(21)(b); 2020 c. 1, Sch. 5 para. 1(1)
F3Words in Art. 36(2) substituted (31.12.2020) by The Market Measures Payment Schemes (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/823), regs. 1, 6(21)(c)(i); 2020 c. 1, Sch. 5 para. 1(1)
F4Word in Art. 36(2) omitted (31.12.2020) by virtue of The Market Measures Payment Schemes (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/823), regs. 1, 6(21)(c)(ii); 2020 c. 1, Sch. 5 para. 1(1)
F5Words in Art. 36(2) substituted (31.12.2020) by The Market Measures Payment Schemes (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/823), regs. 1, 6(21)(c)(iii); 2020 c. 1, Sch. 5 para. 1(1)
F6Words in Art. 36(3) substituted (31.12.2020) by The Market Measures Payment Schemes (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/823), regs. 1, 6(21)(d); 2020 c. 1, Sch. 5 para. 1(1)
F7Words in Art. 36(4) substituted (31.12.2020) by The Market Measures Payment Schemes (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/823), regs. 1, 6(21)(e); 2020 c. 1, Sch. 5 para. 1(1)
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