Article 36U.K.Sales by [F1the paying agency]
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.
[F85.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.]
[F96.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
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)
F8Art. 36(5) 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(8) (with reg. 10)
F9Art. 36(6) 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(8) (with reg. 10)