Commission Delegated Regulation (EU) 2016/1238Show full title

Article 8 U.K. Payment of aid for private storage

1. The aid for private storage shall be paid for the contractual quantity if the quantity stored during the contractual storage period represents at least 99 % of the contractual quantity.

However, in respect of the following products, the aid shall be paid for the contractual quantity if the quantity stored during the contractual storage period represents at least 97 % of the contractual quantity:

(a) sugar that is stored separately from other sugar in the silo designated by the operator;

(b) olive oil;

(c) flax fibre;

(d) beef, pigmeat, sheepmeat and goatmeat, whereas the contractual quantity relates to the fresh meat entering the store;

(e) cheese;

(f) skimmed milk powder in ‘big bags’ as referred to in point (c) of Part VI of Annex VI.

2. Except in cases of force majeure, if the quantity stored during the contractual storage period, including in the case of sugar stored in bulk in the silo designated by the operator, is less than the percentage of the contractual quantity referred to in paragraph 1, no aid shall be paid. Nevertheless, in the case of cheese, if the paying agency deems that the cheese in question was subject to natural weight loss during the storage period, this weight loss shall not lead to a reduction of the aid or the forfeiture of the security.

[F1 2A. In relation to England, paragraph 2 is to be read as if “or the forfeiture of the security” were omitted.]

[F2 2B. In relation to Scotland, paragraph 2 is to be read as if “or the forfeiture of the security” were omitted.]

3. Aid shall only be paid where the contractual storage period respects the storage period laid down in the [F3 tendering procedure or the Regulations fixing the amount of aid in advance, referred to in Article 39 of Implementing Regulation (EU) 2016/1240.]

4. If checks during storage or on removal reveal that the products are defective, no aid shall be paid for the quantities concerned. The remainder of the storage lot eligible for aid shall be not less than the minimum quantity provided for in the [F3 tendering procedure or the Regulations fixing the amount of aid in advance, referred to in Article 39 of Implementing Regulation (EU) 2016/1240.]

The same rule shall apply where part of a storage lot or batch is removed from storage for reasons of defectiveness before the end of the minimum storage period or before the first date allowed for removal operations, where such a date is provided for in the Implementing Regulation opening the tendering procedure or fixing the amount of aid in advance.

Defective products shall not be included in the calculation of the quantity stored referred to in paragraph 1.

[F4 4A. In relation to England, the first subparagraph of paragraph 4 is to be read as if “during storage or” were omitted.]

[F5 4B. In relation to Scotland, the first subparagraph of paragraph 4 is to be read as if “during storage or” were omitted.]

5. Except in cases of force majeure, where in respect of the total quantity stored the operator fails to respect the end of the contractual storage period, which has been fixed in accordance with Article 48(2) of Implementing Regulation (EU) 2016/1240, the aid for the contract in question shall be reduced by 10 % for each calendar day of non-compliance.

However, this reduction shall not exceed 100 % of the aid.

6. No aid for private storage shall be paid in respect of the contract concerned where the requirement laid down in Article 53(3) of Implementing Regulation (EU) 2016/1240 is not complied with.

Textual Amendments

F1 Art. 8(2A) 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), 8(8)(a) (with reg. 10)

F2 Art. 8(2B) 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, 8(8)(a) (with reg. 10)

F3 Words in Art. 8(3)(4) substituted (31.12.2020) by The Market Measures Payment Schemes (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/823), regs. 1, 5(7); 2020 c. 1, Sch. 5 para. 1(1)

F4 Art. 8(4A) 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), 8(8)(b) (with reg. 10)

F5 Art. 8(4B) 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, 8(8)(b) (with reg. 10)