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

Section 3 U.K. Buying-in via a tendering procedure

Article 12 U.K. Tendering procedure

1. [F1 Where the appropriate authority decides to buy-in products under Article 13(2) of Regulation (EU) No. 1308/2013 or Article 3(2) of Regulation (EU) No 1370/2013, it must publish a tendering procedure. The tendering procedure must] contain, in particular, the following information:

(a) the products covered, and:

(i)

for rice, an indication of the type and variety;

(ii)

for beef, whether the tender is for the bought-in carcasses to be deboned or for storage without deboning;

(b) the period covered (‘tendering period’) and, if necessary, the different sub-periods during which the tenders can be submitted;

[F2 (c) in the case of a restricted tendering procedure under Article 3(3) of Regulation (EU) No. 1370/2013, the region covered.]

[F3 2. The appropriate authority may open a tendering procedure for buying-in of beef by category or region on the basis of the two most recent weekly market prices recorded. The appropriate authority may close the tendering procedure on the basis of the most recent weekly market prices recorded.]

F4 3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

4. With regard to rice, the tendering procedure may be restricted to specific varieties or one or more types of paddy rice, namely ‘round grain rice’, ‘medium grain rice’, ‘long grain rice A’ or ‘long grain rice B’, as defined in points (a), (b) or (c) of point I.2 of Part I of Annex II to Regulation (EU) No 1308/2013.

5. With regard to beef, the following rules shall apply:

(a) the average market price by eligible category in [F5 the United Kingdom] or in a region thereof shall take account of the prices for qualities U, R and O, expressed in quality R3 using the conversion coefficients set out in Part II of Annex III in the [F6 United Kingdom] or the intervention region concerned;

(b) the average market prices shall be recorded in accordance with [F7 Commission Delegated Regulation (EU) 2017/1182 and Commission Implementing Regulation (EU) 2017/1184.];

(c) the average market price by eligible category in [F8 the United Kingdom] or a region thereof shall be the average of the market prices for all the qualities referred to in point (b), weighted by the proportion each quality represents in the total number of slaughterings in [F9 the United Kingdom] or region.

The United Kingdom shall consist of two intervention regions as follows:

(i)

region I: Great Britain;

(ii)

region II: Northern Ireland.

[F10 6. 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.]

[F11 7. 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

F1 Words in Art. 12(1) substituted (31.12.2020) by The Agriculture (Legislative Functions) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/831), regs. 1(4)(a), 58(a)(i) (as amended by S.I. 2020/1445, regs. 1(2)(a), 16(7)); 2020 c. 1, Sch. 5 para. 1(1)

F2 Art. 12(1)(c) inserted (31.12.2020) by The Agriculture (Legislative Functions) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/831), regs. 1(4)(a), 58(a)(ii); 2020 c. 1, Sch. 5 para. 1(1)

F3 Art. 12(2) substituted (31.12.2020) by The Agriculture (Legislative Functions) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/831), regs. 1(4)(a), 58(b); 2020 c. 1, Sch. 5 para. 1(1)

F4 Art. 12(3) omitted (31.12.2020) by virtue of The Agriculture (Legislative Functions) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/831), regs. 1(4)(a), 58(c); 2020 c. 1, Sch. 5 para. 1(1)

F5 Words in Art. 12(5)(a) substituted (31.12.2020) by The Agriculture (Legislative Functions) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/831), regs. 1(4)(a), 58(d)(i)(aa); 2020 c. 1, Sch. 5 para. 1(1)

F6 Words in Art. 12(5)(a) substituted (31.12.2020) by The Agriculture (Legislative Functions) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/831), regs. 1(4)(a), 58(d)(i)(bb); 2020 c. 1, Sch. 5 para. 1(1)

F7 Words in Art. 12(5)(b) substituted (31.12.2020) by The Agriculture (Legislative Functions) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/831), regs. 1(4)(a), 58(d)(ii); 2020 c. 1, Sch. 5 para. 1(1)

F8 Words in Art. 12(5)(c) substituted (31.12.2020) by The Agriculture (Legislative Functions) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/831), regs. 1(4)(a), 58(d)(iii)(aa); 2020 c. 1, Sch. 5 para. 1(1)

F9 Words in Art. 12(5)(c) substituted (31.12.2020) by The Agriculture (Legislative Functions) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/831), regs. 1(4)(a), 58(d)(iii)(bb); 2020 c. 1, Sch. 5 para. 1(1)

F10 Art. 12(6) 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(6) (with reg. 10)

F11 Art. 12(7) 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(6) (with reg. 10)

Article 13 U.K. Submission and admissibility of tenders

1. In addition to the general conditions laid down in Articles 2 and 7, a tender shall only be admissible if it indicates a proposed price in euro per unit of measurement of the product rounded to no more than two decimal places, exclusive of VAT.

In the case of cereals and rice, the price tendered per tonne of products shall be a price corresponding to the minimum quality for cereals defined in Part II of Annex I to Delegated Regulation (EU) 2016/1238 or to the standard quality for rice defined in Section A of Annex III to Regulation (EU) No 1308/2013, delivered to the storage place, not unloaded.

In the case of butter and skimmed milk powder, the tendered price shall be the price per 100 kg of products delivered to the loading bay of the storage place.

In the case of beef, tenders shall state the price quoted in accordance with Article 12(5)(a), expressed per tonne of products of quality R3, and if it relates to bone-in meat intended for deboning, or for storage without deboning.

2. Without prejudice to Article 15(2) of this Regulation, the price tendered shall not exceed the level of the public intervention price set out in Article 2(1) of Regulation (EU) No 1370/2013.

[F12 3. 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.]

[F13 4. 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

F12 Art. 13(3) 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(4) (with reg. 10)

F13 Art. 13(4) 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(4) (with reg. 10)

Article 14 U.K. Decisions on the buying-in price

1. On the basis of the [F14 admissible tenders, the appropriate authority] shall decide:

(a) not to fix a maximum buying-in price; or

(b) to fix a maximum buying-in price.

2. The decision referred to in paragraph 1 shall be published [F15 by the appropriate authority].

[F16 3. 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.]

[F17 4. 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

F14 Words in Art. 14(1) substituted (31.12.2020) by The Market Measures Payment Schemes (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/823), regs. 1, 6(11)(a); 2020 c. 1, Sch. 5 para. 1(1)

F15 Words in Art. 14(2) substituted (31.12.2020) by The Market Measures Payment Schemes (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/823), regs. 1, 6(11)(b); 2020 c. 1, Sch. 5 para. 1(1)

F16 Art. 14(3) 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(4) (with reg. 10)

F17 Art. 14(4) 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(4) (with reg. 10)

Article 15 U.K. Individual decisions on tenders

1. Where no maximum buying-in price has been fixed, all tenders shall be rejected.

2. Where a maximum buying-in price has been fixed, the paying agency shall accept tenders which are equal to or lower than that amount. All the other tenders shall be rejected.

The paying agency shall only accept [F18 admissible tenders].

3. The paying agency shall take the decisions referred to in paragraphs 1 and 2 of this Article after the publication of the decision of the [F19 appropriate authority] referred to in Article 14(1).

The paying agency shall notify the operators of the outcome of their participation in the tendering procedure within three working days of the entry into force of that decision of the [F19 appropriate authority].

This notification shall not be necessary when the tender is accepted, if the paying agency issues a delivery order as referred to in Article 17 within five working days of the entry into force of that decision of the [F19 appropriate authority]. In case of such acceptance, no further extension of the time limit for the issue of the delivery order, as referred to in the second subparagraph of Article 17(1), may be granted.

[F20 4. 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.]

[F21 5. 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

F18 Words in Art. 15(2) substituted (31.12.2020) by The Market Measures Payment Schemes (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/823), regs. 1, 6(12)(a); 2020 c. 1, Sch. 5 para. 1(1)

F19 Words in Art. 15(3) substituted (31.12.2020) by The Market Measures Payment Schemes (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/823), regs. 1, 6(12)(b); 2020 c. 1, Sch. 5 para. 1(1)

F20 Art. 15(4) 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(3) (with reg. 10)

F21 Art. 15(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, 9(3) (with reg. 10)

Article 16 U.K. Limitation of buying-in for beef

Where the [F22 paying agency is] offered beef in quantities greater than they are able to take over, they may limit the buying-in to the quantities they can take over [F23 in the United Kingdom] or in one of [F24 the] intervention regions referred to in Article 12(5).

[F25 The paying agency] shall ensure equal access for all parties concerned in the event of such limitation.

[F26 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.]

[F27 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

F22 Words in Art. 16 substituted (31.12.2020) by The Market Measures Payment Schemes (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/823), regs. 1, 6(13)(a)(i); 2020 c. 1, Sch. 5 para. 1(1)

F23 Words in Art. 16 substituted (31.12.2020) by The Market Measures Payment Schemes (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/823), regs. 1, 6(13)(a)(ii); 2020 c. 1, Sch. 5 para. 1(1)

F24 Word in Art. 16 substituted (31.12.2020) by The Market Measures Payment Schemes (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/823), regs. 1, 6(13)(a)(iii); 2020 c. 1, Sch. 5 para. 1(1)

F25 Words in Art. 16 substituted (31.12.2020) by The Market Measures Payment Schemes (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/823), regs. 1, 6(13)(b); 2020 c. 1, Sch. 5 para. 1(1)

F26 Words in Art. 16 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(5) (with reg. 10)

F27 Words in Art. 16 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(5) (with reg. 10)