Commission Implementing Regulation (EU) 2016/1240 of 18 May 2016 laying down rules for the application of Regulation (EU) No 1308/2013 of the European Parliament and of the Council with regard to public intervention and aid for private storage (Text with EEA relevance)

TITLE I GENERAL PROVISIONS

CHAPTER I Introductory provision

Article 1 Scope

This Regulation lays down rules for the application of Regulation (EU) No 1308/2013 and Regulation (EU) No 1370/2013 as regards:

the buying-in and selling from public intervention of products listed in Article 11 of Regulation (EU) No 1308/2013;
the granting of aid for private storage for products listed in Article 17 of Regulation (EU) No 1308/2013.

This Regulation shall apply without prejudice to specific provisions laid down in Implementing Regulations:

opening a tendering procedure for buying-in of products or opening the sale of products from intervention; or
opening a tendering procedure or fixing the amount of aid for private storage in advance.

CHAPTER II General common rules

Article 2 Submission and admissibility of offers, tenders and applications

Operators shall lodge offers and tenders for public intervention as well as tenders and applications for aid for private storage using the method made available by the paying agency of the Member State concerned.

An offer, tender or application shall be admissible if it is submitted in the official language or one of the official languages of the Member State in which the offer, tender or application is submitted, and shall include, on a form made available by the paying agency, at least the following information:

the operator's name, address and VAT registration number in the Member State where the operator carries out his main activity;
the product, or type of product, covered with its relevant CN code, if applicable;
the quantity offered, tendered or applied for, subject to the minimum quantities laid down in Article 5, if applicable.

The offer, tender or application shall not include any additional conditions introduced by the operator other than those laid down in this Regulation or in the relevant Implementing Regulation opening the tendering procedure or fixing the amount of aid for private storage in advance.

Where the time limit for the submission of offers, tenders or applications is a public holiday, the offers, tenders or applications shall be submitted at the latest on the last working day preceding the public holiday.

Offers, tenders or applications submitted on a Saturday, Sunday or public holiday shall be deemed to be received by the paying agency on the first working day following the day on which they were submitted.

Offers, tenders or applications shall not be withdrawn or amended after their submission.

The paying agency shall register the admissible offers, tenders or applications and the quantities concerned on the day on which they are received.

The rights and obligations resulting from the acceptance of the offer, tender or application shall not be transferable.

TITLE II PUBLIC INTERVENTION

CHAPTER I Specific rules related to public intervention

Article 3 Intervention storage places

Article 4 Establishing the eligibility of products

CHAPTER II Buying-in of products into intervention

Section 1 General provisions

Article 5 Minimum quantities of products offered or tendered

Article 6 Level of the security for buying-in of products

Article 7 Submission and admissibility of offers and tenders

Article 8 Verification of offers and tenders by the paying agency

Article 9 Notifications of offers and tenders to the Commission

Section 2 Buying-in at fixed price

Article 10 Submission of offers for buying-in of common wheat, butter and skimmed milk powder at fixed price

Article 11 Measures for respecting the quantitative limitations

Section 3 Buying-in via a tendering procedure

Article 12 Tendering procedure

Article 13 Submission and admissibility of tenders

Article 14 Decisions on the buying-in price

Article 15 Individual decisions on tenders

Article 16 Limitation of buying-in for beef

Section 4 Deliveries and transport costs

Article 17 Delivery order

Article 18 Specific provisions for the delivery of cereals and rice

Article 19 Transport costs for cereals and rice

Article 20 Specific provisions for the delivery of beef

Article 21 Specific provisions for the packing, delivery and storage of butter and skimmed milk powder

Article 22 Delivery

Section 5 Control and takeover

Article 23 The takeover record

Article 24 Obligations of the operator

Article 25 Deboning requirement for beef

Section 6 Price adjustments and payments

Article 26 Price adjustments for cereals and rice

Article 27 Payments

CHAPTER III Sale of products from intervention

Article 28 Opening of the tendering procedure

Article 29 Notice of invitation to tender and arrangements related to the invitation to tender

Article 30 Submission and admissibility of tenders

Article 31 Notification of tenders to the Commission

Article 32 Decisions on the selling price

Article 33 Individual decisions on tenders

Article 34 Specific rules for the allocation of beef, butter and skimmed milk powder

Article 35 Payments

Article 36 Sales by Member States

Article 37 Removal order

Article 38 Removal of butter and skimmed milk powder

CHAPTER IV Disposal of products from intervention for the scheme for food distribution to the most deprived in the Union

Article 38a Making products from intervention available for the scheme

Article 38b Sale of intervention products made available for the scheme

TITLE III AID FOR PRIVATE STORAGE

CHAPTER I Specific rules for aid for private storage

Section I General provisions

Article 39 Opening of tendering procedures and fixing aid in advance

Article 40 Submission and admissibility of tenders and applications for aid for private storage

Article 41 Verification of tenders and applications by the paying agency

Article 42 Notification of tenders and applications to the Commission

Section II Fixing the amount of aid for private storage via a tendering procedure

Article 43 Decisions on the maximum amount of aid for private storage

Article 44 Individual decisions on tenders

Section III Fixing the amount of aid for private storage in advance

Article 45 Decisions on applications for aid for private storage fixed in advance

Section IV Placing of products into private storage

Article 46 Information related to the place of private storage for products not yet in storage

Article 47 Placing into storage of products not yet in storage

CHAPTER II Storage contracts

Section I Conclusion of contracts

Article 48 Contractual storage period

Article 49 Conclusion of contracts

Article 50 Notification of conclusion of contracts

Section II Elements of the contract and obligations of the operator

Article 51 Elements of the contract

Article 52 Obligations of the operator

CHAPTER III Removal of products and payment of aid for private storage

Section I Removal of products from storage

Article 53 Removal from storage

Section II Payment

Article 54 Application for payment of aid for private storage

Article 55 Payment of aid for private storage

TITLE IV CHECKS AND PENALTIES

CHAPTER I Checks

Article 56 General provisions on checks relating to public intervention and aid for private storage

Article 57 Specific provisions on checks relating to public intervention

Article 58 Specific provisions on checks relating to public intervention for cereals and rice

Article 59 Specific provisions for the takeover in storage place of the storekeeper for cereals and rice

Article 60 Specific provisions on checks relating to aid for private storage

Article 60a Specific provision on checks relating to public intervention and aid for private storage for milk and milk products

Article 61 Reporting of checks

CHAPTER II Penalties and administrative measures

Article 62 Penalties and administrative measures in relation to aid for private storage