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

Article 11 U.K. Measures for respecting the quantitative limitations

1. In order to comply with the quantitative limitations fixed in Article 3(1) of Regulation (EU) No 1370/2013, the [F1 appropriate authority] shall decide F2 ...:

(a) to close intervention buying-in at fixed price;

(b) where acceptance of the full quantity offered would lead to the maximum quantity being exceeded, to set an allocation coefficient applicable to the total quantity in the offers received and notified to the [F1 appropriate authority] from each operator on the day of the decision;

(c) where appropriate, to reject pending offers submitted to the paying [F3 agency].

[F4 The appropriate authority shall decide in the case of offers—

(a) not later than each Thursday, considering the quantities of products, which during the preceding week, have been the subject of an admissible offer; and

(b) when the quantities offered approach the quantitative limits fixed in Article 3(1) of Regulation (EU) No 1370/2013, on each working day, considering the quantities which have been the subject of an admissible offer up until 5 working days prior to the decision.]

For the purposes of this Article, when a date of [F5 submission] is a public holiday for the [F1 appropriate authority] the counting of the deadline shall start on the first working day after that public holiday. If such public holidays are included in the time period for the [F6 appropriate authority's] decision, only working days shall be counted.

2. By way of derogation from Article 2(6), an operator to whom an allocation coefficient as referred to in point (b) of paragraph 1 applies may withdraw his offer within five working days of the date of entry into force of the decision setting the allocation coefficient.

[F7 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.]

[F8 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

F1 Words in Art. 11(1) substituted (31.12.2020) by The Market Measures Payment Schemes (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/823), regs. 1, 6(10)(a); 2020 c. 1, Sch. 5 para. 1(1)

F2 Words in Art. 11(1) omitted (31.12.2020) by virtue of The Market Measures Payment Schemes (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/823), regs. 1, 6(10)(ab) (as inserted by S.I. 2020/1445, regs. 1(2)(a), 15(3)(a)); 2020 c. 1, Sch. 5 para. 1(1)

F3 Word in Art. 11(1)(c) substituted (31.12.2020) by The Market Measures Payment Schemes (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/823), regs. 1, 6(10)(c)(i); 2020 c. 1, Sch. 5 para. 1(1)

F4 Words in Art. 11(1) substituted (31.12.2020) by The Market Measures Payment Schemes (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/823), regs. 1, 6(10)(c)(ii); 2020 c. 1, Sch. 5 para. 1(1)

F5 Word in Art. 11(1)(c) substituted (31.12.2020) by The Market Measures Payment Schemes (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/823), regs. 1, 6(10)(c)(iii); 2020 c. 1, Sch. 5 para. 1(1)

F6 Words in Art. 11(1) substituted (31.12.2020) by The Market Measures Payment Schemes (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/823), regs. 1, 6(10)(b); 2020 c. 1, Sch. 5 para. 1(1)

F7 Art. 11(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)

F8 Art. 11(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)