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

Article 36 U.K. Sales by [F1 the paying agency]

1. [F2 Where] 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 [F3 by 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 [F5 paying agency].

3. Within the quantities fixed in paragraph 1, [F6 the 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 [F7 paying agency] shall ensure equality of access for all parties concerned.

[F8 5. 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.]

[F9 6. 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. 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)

F2 Word 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)

F3 Words 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)

F4 Word 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)

F5 Words 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)

F6 Words 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)

F7 Words 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)

F8 Art. 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)

F9 Art. 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)