Commission Implementing Regulation (EU) 2016/1240Show full title

Article 52 U.K. Obligations of the operator

1. Contracts shall cover at least the following obligations for the operator:

(a) to place and to keep the contractual quantity in storage, during the contractual storage period, at their own risk and expense under conditions ensuring the maintenance of the characteristics of the products referred to in Article 3 of Delegated Regulation (EU) 2016/1238, without:

(i)

substituting the stored products, except in the case of sugar in accordance with paragraph 3;

(ii)

or transferring them to another place of private storage or, in the case of sugar, to another silo;

(b) to retain the weighing-in documents established at the time of entry into the place of private storage;

(c) to send the documents relating to the operations of placing in storage, including the location of the storage lots/batches/vats/silos with the corresponding quantities, to the paying agency not later than five working days after the date of placing into storage referred to in Article 47(3);

(d) to allow the paying agency to check at any time that all the obligations laid down in the contract are being adhered to;

(e) to make the products stored easily accessible and individually identifiable by storage lot/batch/vat/silo.

2. By way of derogation from point (a)(ii) of paragraph 1, the paying agency may authorise a relocation of the stored products under the following conditions:

(i)

for cheeses benefiting from a protected designation of origin (PDO) or from a protected geographical indication (PGI), where the operator submits a reasoned request;

(ii)

for other products, in exceptional cases, where the operator submits a reasoned request.

[F1 2A. In relation to private storage aid schemes in England, paragraph 2 is to be read as if—

(a) point (i) were omitted;

(b) in point (ii), “for other products” were omitted.]

3. By way of derogation from point (e) of paragraph 1 of this Article, sugar subject to a contract may be stored in a silo designated by the operator with other sugar provided that the contractual quantity is kept in storage in the designated silo during the contractual period in accordance with Article 8(1) of Delegated Regulation (EU) 2016/1238.

4. The operator shall, on request, make available to the paying agency responsible for checking all documentation, for each contract, allowing in particular the following information on the products placed in storage to be verified:

(a) the number identifying the approved undertaking F2 ...;

(b) the origin and the date of production of the products, or for sugar the marketing year of production, and for meat the day of slaughtering;

(c) the date of placing into storage;

(d) the weight and, in the case of meat, the number of cuts packaged;

(e) the address of the place of private storage and the means allowing for ready identification of the product within the place of private storage or, for bulk sugar, the identification of the silo designated by the operator;

(f) the end date of the contractual storage period and the actual date of removal from contractual storage.

5. The operator or, where applicable, the storekeeper shall keep a register at the warehouse covering, by contract number:

(a) the identification of the products placed in storage by lot/batch/vat/silo;

(b) the dates of placing in and removal from storage;

(c) the quantity of products in storage by lot/batch/vat/silo;

(d) the location of the products by storage lot/batch/vat/silo within the store.

Textual Amendments

F1 Art. 52(2A) 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(11) (with reg. 10)

F2 Words in Art. 52(4)(a) omitted (31.12.2020) by virtue of The Market Measures Payment Schemes (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/823), regs. 1, 6(31); 2020 c. 1, Sch. 5 para. 1(1)