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Commission Delegated Regulation (EU) No 906/2014Show full title

Commission Delegated Regulation (EU) No 906/2014 of 11 March 2014 supplementing Regulation (EU) No 1306/2013 of the European Parliament and of the Council with regard to public intervention expenditure

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[F1Commission Delegated Regulation (EU) No 906/2014

of 11 March 2014

supplementing Regulation (EU) No 1306/2013 of the European Parliament and of the Council with regard to public intervention expenditure

THE EUROPEAN COMMISSION,

Having regard to the Treaty on the Functioning of the European Union,

Having regard to Regulation (EU) No 1306/2013 of the European Parliament and of the Council of 17 December 2013 on the financing, management and monitoring of the common agricultural policy and repealing Council Regulations (EEC) No 352/78, (EC) No 165/94, (EC) No 2799/98, (EC) No 814/2000, (EC) No 1290/2005 and (EC) No 485/2008(1), and in particular Article 20(2) and (3) thereof,

Whereas:

(1)In accordance with point (a) of Article 4(1) of Regulation (EU) No 1306/2013, intervention measures regulating agricultural markets are to be financed by the Union under the terms of the sectoral agricultural legislation. As regards public intervention measures, the amount to be financed by the Union is determined by the annual accounts drawn up by the paying agencies.

(2)Public intervention expenditure may vary substantially. It is therefore necessary to specify for each category of operation which expenditure is eligible for Union financing and, in particular, under what terms that expenditure can be covered. For this purpose, eligibility conditions and the methods for calculating eligible expenditure should be laid down. It should be further specified when such expenditure is to be booked on the basis of the elements actually recorded by the paying agencies or on the basis of standard amounts established by the Commission.

(3)To allow Member States whose currency is not the euro to consolidate their expenditure and costs in their national currency and in euro in a harmonised way, the terms under which public storage operations are recorded in their accounts and the exchange rate applicable should be specified.

(4)The valuation of public storage operations also depends on the type of operations and on the applicable sectoral agricultural legislation. A general rule should therefore be established providing that the value of the quantities bought in and sold is to be equal to the sum of the payments and receipts made or to be made for physical operations, together with specific rules and special cases to be taken into consideration.

(5)The measures in this Regulation replace the relevant provisions laid down in Commission Regulation (EC) No 884/2006(2), which has been repealed by Commission Delegated Regulation (EU) No 907/2014(3),

HAS ADOPTED THIS REGULATION:

Textual Amendments

Article 1U.K.Subject matter

This Regulation lays down the conditions and rules applicable to the financing by [F2CMO support] of expenditure on intervention measures related to public storage.]

Textual Amendments

[F1Article 2U.K.Intervention measures in the form of public storage

Intervention measures in the form of public storage may comprise buying-in, storage, transport and transfer of stocks, and the sale and disposal by other means of agricultural products under the terms laid down by the applicable sectoral agricultural legislation and by this Regulation.]

Textual Amendments

[F1Article 3U.K.Financing of intervention expenditure incurred in the context of public storage operations

1.In the context of the public storage operations referred to in Article 2, [F3CMO support] shall finance the following expenditure under the heading of intervention, provided that the corresponding expenditure has not otherwise been fixed under the applicable sectoral agricultural legislation:

F4(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F4(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F4(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F4(d). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(e)depreciation of stored products, in accordance with the calculation methods set out in Annex V;

(f)the differences (gains and losses) between the accounting value and the price of disposal of the products, or differences resulting from other factors.

2.F5...

For the purposes of this Regulation, accounting year means the [F6United Kingdom financial year].]

Textual Amendments

[F1Article 4U.K.Valuation of public storage operations

1.The value of the quantities bought in and sold shall be equal to the sum of the payments or receipts made or to be made for physical operations, except in the case of the specific provisions referred to in this Article and subject to:

(a)Annex VI, for missing quantities;

(b)Annex VII, for deteriorated or destroyed products;

(c)Annex VIII, for products which have entered storage but the taking-over of which has been refused.

2.The value of the quantities bought in shall be determined for the quantities of products entering storage, on the basis of the public intervention price, taking account of increases, premiums, reductions, percentages and coefficients applicable to the public intervention price at the time of purchase in accordance with the criteria laid down in the sectoral agricultural legislation.

However, in the cases and situations referred to in Annex VI and points 2(a) and (c) of Annex VII, increases, premiums, reductions, percentages and coefficients shall not be taken into consideration.

[F7The appropriate authority may make regulations setting the value of products which have deteriorated or been destroyed, either due to natural disasters or to too long a period of storage as referred to in point 2 of Annex VII to this Regulation.

Regulations made by the Secretary of State or the Welsh Ministers under this paragraph are to be made by statutory instrument.

For regulations made under this paragraph by the Scottish Ministers, see section 27 of the Interpretation and Legislative Reform (Scotland) Act 2010.

Any power of the Department of Agriculture, Environment and Rural Affairs to make regulations under this paragraph is exercisable by statutory rule for the purposes of the Statutory Rules (Northern Ireland) Order 1979.

A statutory instrument containing regulations made by the Secretary of State under this paragraph is subject to annulment in pursuance of a resolution of either House of Parliament.

A statutory instrument containing regulations made by the Welsh Ministers under this paragraph is subject to annulment in pursuance of a resolution of the National Assembly for Wales.

Regulations made by the Scottish Ministers under this paragraph are subject to the negative procedure (see section 28 of the Interpretation and Legislative Reform (Scotland) Act 2010).

Regulations made by the Department of Agriculture, Environment and Rural Affairs under this paragraph are subject to negative resolution within the meaning of section 41(6) of the Interpretation Act (Northern Ireland) 1954 as if they were a statutory instrument within the meaning of that Act.

Regulations under this paragraph may:

(a)contain consequential, incidental, supplementary, transitional or saving provision (including provision amending, repealing or revoking enactments);

(b)make different provision for different purposes.

Before making any regulations under this Regulation, the appropriate authority must consult:

(a)such bodies or persons as appear to the authority to be representative of the interests likely to be substantially affected by the regulations, and

(b)such other bodies or persons as the authority may consider appropriate.]

F83.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F94.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

5.In the financial accounts referred to in point (a) of Article 3(3) of Delegated Regulation (EU) No 907/2014, quantities in storage at the end of the accounting year and to be carried forward to the next accounting year shall be valued at their average book value (carry-over value), as determined by the monthly account of the last month of the accounting year.

6.Quantities entering storage which are found not to meet the conditions for storage shall be entered in the accounts at the time of removal from storage as a sale at the price at which they were bought in.

F10...

7.Where an account shows a positive balance, this shall be deducted from the expenditure for the current accounting year.

F118.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

Textual Amendments

[F1Article 5U.K.

This Regulation shall enter into force on the seventh day following that of its publication in the Official Journal of the European Union.]

Textual Amendments

F12...

Textual Amendments

F13ANNEX IU.K.CALCULATION OF RATES FOR THE REIMBURSEMENT OF FINANCING COSTS(Article 3(1)(a))

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F13ANNEX IIU.K.PHYSICAL OPERATIONS COVERED BY THE STANDARD AMOUNTS(Article 3(1)(b))

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F13ANNEX IIIU.K.STANDARD AMOUNTS FOR THE UNION(Article 3(1)(b))

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F1ANNEX IVU.K.SPECIFIC ELEMENTS TO TAKE INTO ACCOUNT FOR EXPENDITURE AND REVENUE RELATING TO BEEF AND VEAL(Article 3(1)(c))

For the purposes of Annex VI and points 2(a) and (c) of Annex VII, the basic price to be used for de-boned beef is the reference threshold, as referred to in [F14Article 1a of Regulation (EU) No 1370/2013], multiplied by a coefficient of 1,47.]

Textual Amendments

[F1ANNEX VU.K.DEPRECIATION OF PRODUCTS IN STORAGE(Article 3(1)(e))

1.If, for a given product, the estimated selling price in public intervention storage is lower than the buying in price, a depreciation percentage, called the ‘k coefficient’ shall be applied at the time of buying in. It shall be fixed for each product at the beginning of each accounting year in accordance with Article 20(4) of Regulation (EU) No 1306/2013.U.K.

2.The depreciation percentage shall not exceed the difference between the buying in price and the estimated disposal price for each product concerned.U.K.

3.At the time of buying in, the [F15relevant authority] may restrict the depreciation to a fraction of the percentage calculated in accordance with point 2. That fraction may not be less than 70 % of the depreciation decided in accordance with point 1.U.K.

In such cases, the [F15relevant authority] shall conduct a second depreciation at the end of each accounting year in accordance with the method set out in point 5.

Textual Amendments

4.In the case of depreciations as referred to in the second subparagraph of point 3, the [F16relevant authority] shall fix overall depreciation amounts by product and by [F17the relevant authority who owns the product] before the beginning of the following accounting year.U.K.

To that end, the estimated selling price for products in storage shall be compared to the estimated carry-over value by product and by [F18the relevant authority who owns the product]. The overall depreciation amounts by product and by [F18the relevant authority who owns the product] concerned shall be obtained by multiplying the differences between the estimated carry-over values and the estimated selling prices by the estimated quantities in storage at the end of the accounting year.

Textual Amendments

Textual Amendments

5.The estimate of quantities in public storage and the carry-over values by product [F19shall be drawn up by the relevant authorities and will include] the following elements:U.K.

  • the quantities bought in during the period from 1 October of year n to 31 August of year n+1;

  • the quantities in storage at 31 August of year n+1;

  • the value in euro [F20or sterling] of the products in storage at 31 August of year n+1;

  • the estimated quantities in storage at 30 September of year n+1;

  • the estimated quantities bought in between 1 and 30 September of year n+1;

  • the estimated value in euro [F20or sterling] of the quantities bought in between 1 and 30 September of year n+1.

Textual Amendments

Textual Amendments

6.The values in [F21sterling] notified by the [F22relevant authority]F23... with a view to calculating the depreciation at the end of an accounting year shall be converted into euro using the rates applicable at the time the overall depreciation amounts are calculated for the end of that accounting year.U.K.

Textual Amendments

7.F24...]U.K.

Textual Amendments

[F1ANNEX VIU.K.VALUATION OF MISSING QUANTITIES(Article 4(1)(a))

Subject to the specific rules laid down in Annex IV, the value of missing quantities shall be calculated as follows:

(a)

Where the tolerance limits, referred to in Article 4(2) of Delegated Regulation (EU) No 907/2014 for the storage or processing of products are exceeded, or where quantities are found to be missing due to theft or other identifiable causes, the value of missing quantities shall be calculated by multiplying these quantities by the reference threshold, as referred to in Article 7 of Regulation (EU) No 1308/2013, in force for the standard quality for each product on the first day of the accounting year in which the tolerance limits are exceeded or in which quantities are found to be missing, increased by 5 %.

(b)

If, on the day the quantities are found to be missing, the average market price for the standard quality in the [F25United Kingdom] is higher than 105 % of the basic reference threshold, as referred to in [F26Article 1a of Regulation (EU) No 1370/2013], the contractors shall reimburse to the intervention agencies the market price recorded by the [F27relevant authority who owns the product], increased by 5 %.

The average market price shall be determined by the [F28relevant authority who owns the product.]F29....

The differences between the amounts collected by applying the market price and the amounts booked to [F30CMO support] by applying the reference threshold, as referred to in [F31Article 1a of Regulation (EU) No 1370/2013], shall be credited to [F30CMO support] at the end of the accounting year among the other elements of credit.

(c)

Where quantities are found to be missing after the products have been transferred or transported from an intervention storage place or a storage place designated by the paying agency to another place, and where no specific value is fixed under the relevant [F32the law applying in the constituent nation], the value of those missing quantities shall be determined in accordance with point (a).]

Textual Amendments

[F1ANNEX VIIU.K.VALUATION OF PRODUCTS WHICH HAVE DETERIORATED OR BEEN DESTROYED(Article 4(1)(b))

1.Unless specific [F33sectoral agricultural legislation provides] otherwise, a product shall be deemed to have deteriorated if it no longer meets the quality requirements applicable when it was bought in.U.K.

Textual Amendments

2.The value of products which have deteriorated or been destroyed shall be calculated depending on the type of cause, as follows:U.K.

(a)

accidents, unless special provisions in Annex IV provide otherwise: the value of the products shall be calculated by multiplying the quantities affected by the basic reference threshold, as referred to in [F34Article 1a of Regulation (EU) No 1370/2013], in force for the standard quality on the first day of the current accounting year, reduced by 5 %;

(b)

natural disasters: the value of the quantities affected shall be determined by an implementing act F35... to be adopted pursuant to the third subparagraph of Article 4(2);

(c)

poor conservation conditions due in particular to unsuitable storage methods: the value of the product shall be accounted for in accordance with points (a) and (b) of Annex VI;

(d)

too long a period of storage: the book value of the product shall be determined on the basis of the selling price at the time of sale of the product by an implementing act F36... to be adopted pursuant to the third subparagraph of Article 4(2).

Textual Amendments

The decision on the sale of the product shall be taken in accordance with the agricultural legislation applicable to the product in question. The receipts from sales shall be taken into account for the month during which removal occurred.]

F37ANNEX VIIIU.K.ACCOUNTING RULES APPLICABLE TO PRODUCTS WHICH HAVE ENTERED STORAGE, BUT TAKING-OVER OF WHICH HAS BEEN REFUSED(Article 4(1)(c))

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

(2)

Commission Regulation (EC) No 884/2006 of 21 June 2006 laying down detailed rules for the application of Council Regulation (EC) No 1290/2005 as regards the financing by the European Agricultural Guarantee Fund (EAGF) of intervention measures in the form of public storage operations and the accounting of public storage operations by the paying agencies of the Member States (OJ L 171, 23.6.2006, p. 35).

(3)

Commission Delegated Regulation (EU) No 907/2014 of 11 March 2014, supplementing Regulation (EU) No 1306/2013 of the European Parliament and of the Council with regard to paying agencies and other bodies, financial management, clearance of accounts, securities and use of euro (see page 18 of this Official Journal).

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