TITLE I GENERAL PROVISIONS CHAPTER I Introductory provision
Article 1Scope
CHAPTER II General common rules
Article 2Submission and admissibility of offers, tenders and applications
TITLE II PUBLIC INTERVENTION CHAPTER I Specific rules related to public intervention
Article 3Intervention storage places
Article 4Establishing the eligibility of products
CHAPTER II Buying-in of products into intervention Section 1 General provisions
Article 5Minimum quantities of products offered or tendered
Article 6Level of the security for buying-in of products
Article 7Submission and admissibility of offers and tenders
Article 8Verification of offers and tenders by the paying agency
Article 9Notifications of offers and tenders to the Commission
Section 2 Buying-in at fixed price
Article 10Submission of offers for buying-in of common wheat, butter and skimmed milk powder at fixed price
Article 11Measures for respecting the quantitative limitations
Section 3 Buying-in via a tendering procedure
Article 12Tendering procedure
Article 13Submission and admissibility of tenders
Article 14Decisions on the buying-in price
Article 15Individual decisions on tenders
Article 16Limitation of buying-in for beef
Section 4 Deliveries and transport costs
Article 17Delivery order
Article 18Specific provisions for the delivery of cereals and rice
Article 19Transport costs for cereals and rice
Article 20Specific provisions for the delivery of beef
Article 21Specific provisions for the packing, delivery and storage of butter and skimmed milk powder
Article 22Delivery
Section 5 Control and takeover
Article 23The takeover record
Article 24Obligations of the operator
Article 25Deboning requirement for beef
Section 6 Price adjustments and payments
Article 26Price adjustments for cereals and rice
Article 27Payments
CHAPTER III Sale of products from intervention
Article 28Opening of the tendering procedure
Article 29Notice of invitation to tender and arrangements related to the invitation to tender
Article 30Submission and admissibility of tenders
Article 31Notification of tenders to the Commission
Article 32Decisions on the selling price
Article 33Individual decisions on tenders
Article 34Specific rules for the allocation of beef, butter and skimmed milk powder
Article 35Payments
Article 36Sales by Member States
Article 37Removal order
Article 38Removal 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 39Opening of tendering procedures and fixing aid in advance
Article 40Submission and admissibility of tenders and applications for aid for private storage
Article 41Verification of tenders and applications by the paying agency
Article 42Notification of tenders and applications to the Commission
Section II Fixing the amount of aid for private storage via a tendering procedure
Article 43Decisions on the maximum amount of aid for private storage
Article 44Individual decisions on tenders
Section III Fixing the amount of aid for private storage in advance
Article 45Decisions on applications for aid for private storage fixed in advance
Section IV Placing of products into private storage
Article 46Information related to the place of private storage for products not yet in storage
Article 47Placing into storage of products not yet in storage
CHAPTER II Storage contracts Section I Conclusion of contracts
Article 48Contractual storage period
Article 49Conclusion of contracts
Article 50Notification of conclusion of contracts
Section II Elements of the contract and obligations of the operator
Article 51Elements of the contract
Article 52Obligations of the operator
CHAPTER III Removal of products and payment of aid for private storage Section I Removal of products from storage
Article 53Removal from storage
Section II Payment
Article 54Application for payment of aid for private storage
Article 55Payment of aid for private storage
TITLE IV CHECKS AND PENALTIES CHAPTER I Checks
Article 56General provisions on checks relating to public intervention and aid for private storage
Article 57Specific provisions on checks relating to public intervention
Article 58Specific provisions on checks relating to public intervention for cereals and rice
Article 59Specific provisions for the takeover in storage place of the storekeeper for cereals and rice
Article 60Specific 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 61Reporting of checks
CHAPTER II Penalties and administrative measures
Article 62Penalties and administrative measures in relation to aid for private storage
TITLE V NOTIFICATIONS AND FINAL PROVISIONS CHAPTER I Notifications Section I General provisions on notifications
Article 63Method of notification
Article 64Notifications concerning paying agencies
Section II Notifications as regards public intervention
Article 65Notifications of information on intervention stocks
Section III Notifications as regards aid for private storage
Article 66Notification of information on private storage
CHAPTER II Final provisions
Article 67Entry into force and application
ANNEX I CEREALS
PART I1. DEFINITION OF MATTER OTHER THAN BASIC CEREALS OF UNIMPAIRED...1.DEFINITION OF MATTER OTHER THAN BASIC CEREALS OF UNIMPAIRED QUALITY...1.1.Broken grains 1.2.Grain impurities (a)Shrivelled grains (b)Other cereals (c)Grains damaged by pests (d)Grains in which the germ is discoloured (e)Grains overheated during drying (f)Mottled grains 1.3.Sprouted grains 1.4.Miscellaneous impurities (a)Extraneous seeds (b)Damaged grains (c)Extraneous matter (d)Husks (cob fragments in the case of maize) (e)Ergots (f)Decayed grains (g)Impurities of animal origin. 1.5.Live pests 1.6.Mitadiné grains 2.SPECIFIC FACTORS TO TAKE INTO CONSIDERATION FOR EACH TYPE OF...2.1.Durum wheat 2.2.Common wheat 2.3.Barley 2.4.Maize PART IIMethods used for determining the quality of cereals offered or...Methods used for determining the quality of cereals offered or...PART IIIMethod for determining the non-stickiness and machinability of the dough...Method for determining the non-stickiness and machinability of the dough...1.Title 2.Scope 3.Principle 4.Ingredients 4.1.Yeast 4.2.Tap water 4.3.Sugar-salt-ascorbic acid solution 4.4.Sugar solution 4.5.Enzyme active malt flour 5.Equipment and apparatus 5.1.Baking room 5.2.Refrigerator 5.3.Balance 5.4.Balance 5.5.Analytical balance 5.6.Mixer 5.7.Proving cabinet 5.8.Open plastic boxes 5.9.Square plastic sheets 5.10.Moulder 6.Sampling 7.Procedure 7.1.Determination of water uptake 7.2.Determination of malt flour addition 7.3.Reactivation of active dry yeast 7.4.Temperature adjustment of the flour and the dough liquid 7.5.Dough composition 7.6.Mixing 7.7.Dividing and rounding 7.8.Moulding 8.Test report 9.General remarks 9.1.The formula for the calculation of the quantity of dough...9.2.The method is not directly applicable to wheat. The procedure...PART IVMethodology of sampling and analyses for cereals 1. For each...Methodology of sampling and analyses for cereals 1.For each lot of cereals, the quality characteristics shall be...2.The reference methods to be used for determining the quality...3.In cases of dispute, the paying agency shall have the...PART VPrice increases and reductions Table I Price increases for moisture...Price increases and reductions PART VICalculation of prices increases and reductions The price adjustments provided...Calculation of prices increases and reductions
ANNEX II RICE
PART IMethodology of sampling and analyses for paddy rice 1.With a view to verifying the quality requirements as laid...2.Representative samples shall be taken of each part-delivery (by lorry,...3.The control of the radioactivity level is performed only if...4.In cases of dispute, the paying agency shall have the...PART IIPrices increases and reductions 1.The price adjustments provided for in Article 26(1) shall be...2.The price increases and decreases shall apply on the basis...
ANNEX III BEEF
PART IConditions and controls for taking over 1.Products delivered shall be taken over subject to verification by...2.The failure to comply with the requirements laid down in...3.The outcome of the checks described in point 1 shall...PART IIConversion coefficients PART IIIDeboning I.General conditions governing deboning 1.Deboning may only be carried out in cutting plants approved...2.For the purposes of this Regulation ‘deboning operations’ means the...3.Boned cuts must meet the requirements laid down in Part...II.Contracts and specifications 1.Deboning shall be carried out under contract on terms laid...2.The specifications of the paying agencies shall lay down the...III.Control and monitoring of deboning operations IV.Storage of cuts V.Costs of deboning operations VI.Time limits for deboning operations VII.Checks and rejection of products 1.When as a result of the checks provided for in...2.Without prejudice to the application of penalties, the paying agencies...PART IVSpecifications for intervention deboning 1.HINDQUARTER CUTS 1.1.Description of cuts 1.1.1.Intervention shank (code INT 11) 1.1.2.Intervention thick flank (code INT 12) 1.1.3.Intervention topside (code INT 13) 1.1.4.Intervention silverside (code INT 14) 1.1.5.Intervention fillet (code INT 15) 1.1.6.Intervention rump (code INT 16) 1.1.7.Intervention striploin (code INT 17) 1.1.8.Intervention flank (code INT 18) 1.1.9.Intervention fore-rib (five bone) (code INT 19) 2.FOREQUARTER CUTS 2.1.Description of cuts 2.1.1.Intervention shin (code INT 21) 2.1.2.Intervention shoulder (code INT 22) 2.1.3.Intervention brisket (code INT 23) 2.1.4.Intervention forequarter (code INT 24) PART VIndividual prices of rejected intervention cuts
ANNEX IV BUTTER
PART ISampling for chemical and microbiological analysis and sensory evaluation 1.Chemical and microbiological analysis 2.Sensory evaluation 3.Guidelines to be followed where samples show defects (a)chemical and microbiological analysis: (b)sensory evaluation: where a sample fails the sensory evaluation, the...(c)where samples show a sensory defect and either a chemical...PART IAMethods of analysis of unsalted butter for public intervention Scoring table PART IIDelivery and packaging of butter 1.Butter shall be delivered in blocks and packed in new,...2.The packing shall show at least the following particulars, where...3.The storekeeper shall keep a register in which the particulars...
ANNEX V SKIMMED MILK POWDER
PART ISampling and analysis of skimmed-milk powder offered for intervention 1.Samples per lot shall be taken in accordance with the...2.Number of packages to be selected for taking samples for...3.Weight of sample: samples of at least 200 g are...4.Grouping of samples: no more than nine samples are to...5.Analysis of samples: each global sample is to undergo an...6.Where samples show defects: PART IAMethods of analysis of skimmed milk powder for public intervention Appendix I SKIMMED MILK POWDER: QUANTITATIVE DETERMINATION OF PHOSPHATIDYLSERINE AND PHOSPHATIDYLETHANOLAMINE Method: reversed-phase HPLC 1.PURPOSE AND FIELD OF APPLICATION 2.DEFINITION 3.PRINCIPLE OF THE METHOD 4.REAGENTS 4.1.Standard material: PEDP, at least 99 % pure 4.2.Reagents for standard sample and test sample preparation 4.2.1.HPLC-grade methanol 4.2.2.HPLC-grade chloroform 4.2.3.Tryptamine-monohydrochloride 4.3.Reagents for o-phthaldialdehyde derivatisation 4.3.1.Sodium hydroxide, 12 M water solution 4.3.2.Boric acid, 0,4 M water solution adjusted to pH 10,0...4.3.3.2-mercaptoethanol 4.3.4.o-phthaldialdehyde (OPA) 4.4.HPLC elution solvents 4.4.1.Elution solvents shall be prepared using HPLC-grade reagents. 4.4.2.HPLC-grade water 4.4.3.Methanol of tested fluorimetric purity 4.4.4.Tetrahydrofuran 4.4.5.Sodium dihydrogen phosphate 4.4.6.Sodium acetate 4.4.7.Acetic acid. 5.APPARATUS 5.1.Analytical balance, capable of weighing to the nearest 1 mg,...5.2.Beakers, 25 and 100 ml capacity 5.3.Pipettes, capable of delivering 1 and 10 ml 5.4.Magnetic stirrer 5.5.Graduated pipettes, capable of delivering 0,2, 0,5 and 5 ml...5.6.Volumetric flasks, 10, 50 and 100 ml capacity 5.7.Syringes, 20 and 100 μl capacity 5.8.Ultrasonic bath 5.9.Centrifuge, capable of operating at 27 000 × g 5.10.Glass vials, about 5 ml capacity 5.11.Graduated cylinder, 25 ml capacity 5.12.pH-meter, accurate to 0,1 pH units 5.13.HPLC equipment 5.13.1.Gradient pumping system, capable of operating at 1,0 ml/min at...5.13.2.Autosampler with derivatisation capability 5.13.3.Column heater, capable of maintaining the column at 30 °C...5.13.4.Fluorescence detector, capable of operating at 330 nm excitation wavelength...5.13.5.Integrator or data processing software capable of peak area measurement...5.13.6.A LiChrospher® — 100 column (250 × 4,6 mm) or...6.SAMPLING 7.PROCEDURE 7.1.Preparation of the internal standard solution 7.1.1.Weigh 30,0 ± 0,1 mg of tryptamine-monohydrochloride (4.2.3) into a...7.1.2.Pipette 1 ml (5.3) of this solution into a 10...7.2.Preparation of the test sample solution 7.2.1.Weigh 1,000 ± 0,001 g of the SMP sample into...7.2.2.Pipette 0,2 ml (5.5) of the reconstituted milk into a 10...7.2.3.Centrifuge (5.9) at 27 000 g × g for 10...7.3.Preparation of the external standard solution 7.3.1.Weigh 55,4 mg PEDP (4.1) into a 50 ml volumetric...7.3.2.Pipette 1 ml (5.3) of this solution into a 100...7.4.Preparation of the derivatising reagent 7.5.Determination by HPLC 7.5.1.Elution solvents (4.4) 7.5.2.Suggested eluting gradient: 7.5.3.Injection volume: 50 μl derivatising reagent and 50 μl sample...7.5.4.Column equilibration 7.5.5.Determine the PS + PE content in the test sample...7.5.6.Perform the sequence of the chromatographic analyses keeping constant the...7.6.Integration mode 7.6.1.PEDP peak 7.6.2.Tryptamine peak 7.6.3.PS and PE peaks groups 8.CALCULATION AND EXPRESSION OF RESULTS 9.ACCURACY OF THE METHOD 9.1.Repeatability 9.2.Reproducibility 10.REFERENCES 10.1.Resmini P., Pellegrino L., Hogenboom J.A., Sadini V., Rampilli M.,...Figure 1HPLC pattern of OPA-derivatives of phosphatidylserine (PS) and phosphatidylethanolamine (PE)...Appendix II DETECTION OF RENNET WHEY IN SKIMMED MILK POWDER FOR PUBLIC...1.SCOPE AND FIELD OF APPLICATION 2.REFERENCE 3.DEFINITION 4.PRINCIPLE 5.REAGENTS 5.1.Trichloroacetic acid solution 5.2.Eluent solution, pH 6,0 5.3.Flushing solvent 5.4.Standard samples 5.4.1.Skimmed milk powder meeting the requirements of this Regulation (i.e. [0])...5.4.2.The same skimmed milk powder adulterated with 5 % (m/m) rennet-type whey...6.APPARATUS 6.1.Analytical balance 6.2.Optional centrifuge capable of attaining a centrifugal force of 2...6.3.Mechanical shaker 6.4.Magnetic stirrer 6.5.Glass funnels, diameter about 7 cm 6.6.Filter papers, medium filtration, diameter about 12,5 cm 6.7.Glass filtration equipment with 0,45 μm pore diameter membrane filter 6.8.Graduated pipettes allowing delivery of 10 ml (ISO 648, Class A,...6.9.Dispensing system capable of delivering 20,0 ml water at ca....6.10.Thermostatic water bath, set at 25 ± 0,5 °C 6.11.HPLC equipment, consisting of: 7.SAMPLING 7.1.Samples shall be taken in accordance with the procedure laid...7.2.Store the sample in conditions which preclude any deterioration or...8.PROCEDURE 8.1.Preparation of the test sample 8.2.Test portion 8.3.Removal of fat and proteins 8.3.1.Add 20,0 ml of warm water (50 °C) to the test portion....8.3.2.Add 10,0 ml of the trichloroacetic acid solution (5.1) of ca....8.3.3.Centrifuge (6.2) for 10 minutes at 2 200  g, or...8.4.Chromatographic determination 8.4.1.Inject 15 to 30 μl of accurately measured supernatant or filtrate...8.4.2.The results of chromatographic analysis of the test sample [E]...8.5.Calibration 8.5.1.Apply exactly the procedure described from point 8.2 to point...8.5.2.Prior to chromatographic determination of the samples, condition the columns...8.5.3.Determine the response factors R by injecting the same volume...9.EXPRESSION OF RESULTS 9.1.Method of calculation and formulae 9.1.1.Calculation of the response factors R: 9.1.2.Calculation of the relative area of the peaks in the...9.1.3.Calculation of the relative retention time of peak III in...9.1.4.Experiments have shown that there is a linear relation between...9.2.Calculation of the percentage of rennet whey powder in the...9.3.Accuracy of the procedure 9.3.1.Repeatability 9.3.2.Reproducibility 9.4.Interpretation 9.4.1.Assume the absence of whey if the relative area of...9.4.2.If the relative area of peak III, S III [E]...9.4.3.If the relative area of peak III, S III [E]...9.4.3.1.The data obtained after analysis of samples of unadulterated skimmed...9.4.3.2.If T 1 and/or T 2 are zero or less,...Appendix III DETERMINING RENNET WHEY SOLIDS IN SKIMMED MILK POWDER 1.PURPOSE: DETECTING THE ADDITION OF RENNET WHEY SOLIDS TO SKIMMED...2.REFERENCES: INTERNATIONAL STANDARD ISO 707 3.DEFINITION 4.PRINCIPLE 5.REAGENTS 5.1.Trichloroacetic acid solution 5.2.Eluents A and B 5.3.Conservation of the column 5.4.Standard samples 5.4.1.Skimmed milk powder meeting the requirements for public storage (i.e. [0])....5.4.2.The same skimmed milk powder adulterated with 5 % (m/m) rennet-type whey...5.4.3.The same skimmed milk powder adulterated with 50 % (m/m) rennet-type whey...6.APPARATUS 6.1.Analytical balance 6.2.Optional centrifuge capable of attaining a centrifugal force of 2...6.3.Mechanical shaker 6.4.Magnetic stirrer 6.5.Glass funnels, diameter about 7 cm 6.6.Filter papers, medium filtration, diameter about 12,5 cm 6.7.Glass filtration equipment with 0,45 μm pore diameter membrane filter...6.8.Graduated pipettes, allowing delivery of 10 ml (ISO 648, Class...6.9.Dispensing system capable of delivering 20,0 ml water at ca....6.10.Thermostatic water bath, set at 25 ± 0,5 °C 6.11.HPLC equipment, consisting of: 7.SAMPLING 7.1.Samples shall be taken in accordance with the procedure laid...7.2.Store the sample in conditions which preclude any deterioration or...8.PROCEDURE 8.1.Preparation of the test sample 8.2.Test portion 8.3.Removal of fat and proteins 8.3.1.Add 20,0 ml of warm water (50 °C) to the...8.3.2.Add 10,0 ml of the trichloroacetic acid solution of ca....8.3.3.Centrifuge (6.2) 2 200 g for 10 minutes, or filter...8.4.Chromatographic determination 8.4.1.The reversed-phase HPLC method excludes the possibility false-positive results due...8.4.2.Before the reversed phase HPLC-analysis is carried out, the gradient...8.4.3.Take solutions of the test samples 8.4.4.The results of the chromatographic analysis of the test sample...8.5.Calibration 8.5.1.Apply exactly the procedure described from point 8.2 to point...8.5.2.Prior to chromatographic determination of the samples inject 100 μl...8.5.3.Determine the response factors R by injecting the same volume...9.EXPRESSION OF RESULTS 9.1.Method of calculation and formulae 9.1.1.Calculation of the response factor R: 9.2.Calculation of the percentage of rennet whey powder in the...9.3.Accuracy of the procedure 9.3.1.Repeatability 9.3.2.Reproducibility 9.3.3.Linearity 9.4.Interpretation Figure 1Ni—4.6 standard (*)International IDF Standard 135B/1991. Milk and milk products. Precision characteristics of analytical methods. Outline...PART IIDelivery and packaging of skimmed milk powder 1.Skimmed milk powder shall be packed in new, clean, dry...2.The bags shall show the following particulars, where appropriate in...3.The storekeeper shall keep a register in which the particulars...
ANNEX VI Methods of analysis of butter under private storage
The method to be applied shall be approved by the...
ANNEX VII Methods of analysis of skimmed milk powder under private storage
Parameter Method Fat ISO 1736 Protein ISO 8968 part 1...
ANNEX VIII Methods of analysis of cheeses under private storage
1.The method of analysis laid down in the Appendix shall...2.Methods for detecting cow's milk casein in cheeses referred to in...ATTACHMENTS Appendix ANNEX IX Appendix

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)

THE EUROPEAN COMMISSION,

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

Having regard to Regulation (EU) No 1308/2013 of the European Parliament and of the Council of 17 December 2013 establishing a common organisation of the markets in agricultural products and repealing Council Regulations (EEC) No 922/72, (EEC) No 234/79, (EC) No 1037/2001 and (EC) No 1234/20071, and in particular Article 20(a), (b), (d), (e), (i), (j), (k), (l), (m), (n) and (o), and Article 223(3)(a), (b) and (c) thereof,

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 485/20082, and in particular Article 62(2)(a), (b), (c) and (i), and Article 64(7)(a) thereof,

Having regard to Council Regulation (EU) No 1370/2013 of 16 December 2013 determining measures on fixing certain aids and refunds related to the common organisation of the markets in agricultural products3, and in particular Article 2(3) and Article 3(4) thereof,

Whereas:

(1)

Regulation (EU) No 1308/2013 replaced Council Regulation (EC) No 1234/20074 and lays down new rules regarding public intervention and aid for private storage. It also empowers the Commission to adopt delegated and implementing acts in that respect. In order to ensure the smooth functioning of the public intervention and aid for private storage schemes in the new legal framework, certain rules have to be adopted by means of such acts. Those acts should replace Commission Regulations (EEC) No 3427/875, (EEC) No 2351/916, (EC) No 720/20087, (EC) No 826/20088, (EC) No 1130/20099 and (EU) No 1272/200910. Those Regulations are repealed by Commission Delegated Regulation (EU) 2016/123811.

(2)

Article 11 of Regulation (EU) No 1308/2013 provides that public intervention applies in respect of common wheat, durum wheat, barley, maize, paddy rice, fresh or chilled meat of the beef and veal sector, butter and skimmed milk powder in accordance with the conditions set out in that Regulation.

(3)

Article 17 of Regulation (EU) No 1308/2013 provides that aid for private storage may be granted in respect of white sugar, olive oil, flax fibre, fresh or chilled meat of bovine animals aged eight months or more, butter, cheese, skimmed milk powder, pigmeat, and sheepmeat and goatmeat in accordance with the conditions set out in that Regulation.

(4)

Regulation (EU) No 1370/2013 lays down rules concerning public intervention prices, quantitative limitations for buying-in into public intervention and the establishment of the amount of aid for private storage.

(5)

In order to simplify and improve the effectiveness of the management and control mechanisms related to the public intervention and aid for private storage schemes, common rules for all the products listed in Articles 11 and 17 of Regulation (EU) No 1308/2013 should respectively be laid down.

(6)

In accordance with Article 13(1) of Regulation (EU) No 1308/2013, the Commission may decide that buying in of durum wheat, barley, maize and paddy rice is to take place if the market situation so requires. Public intervention may also be opened for beef if the average market price is over a representative period below 85 % of the reference threshold set out in Article 7(1) of Regulation (EU) No 1308/2013. In such cases buying-in takes place by means of tendering procedures.

(7)

In accordance with Article 4(1) of Regulation (EU) No 1370/2013, the Commission may establish the amount of aid for private storage for the products listed in Article 17 of Regulation (EU) No 1308/2013 either by a tendering procedure or by fixing the aid in advance.

(8)

To make the public intervention and aid for private storage schemes work efficiently, the operators should use the method made available by the paying agency with regard to the procedure for submitting offers, tenders and applications.

(9)

In order to ensure proper management of the schemes, rules should be established on intervention at a fixed price, the tendering procedures for buying-in into intervention, sales from intervention or establishing the maximum amount of aid for private storage, and the aid for private storage fixed in advance as well as the submission and admissibility of tenders, offers and applications.

(10)

In order to improve the efficiency of the way public intervention operates, by discontinuing the use of small storage facilities which may be spread throughout a region, a minimum capacity of storage should be fixed for the intervention storage places, but should not be applicable in case where a storage place has ready access to a river, sea or railway connection.

(11)

Since products covered by the public intervention and aid for private storage schemes have a different nature as to production or harvest time and storage requirements, specific conditions concerning their eligibility should be provided for.

(12)

For a sound management of the public intervention and aid for private storage schemes, it is necessary to fix a minimum quantity below which the paying agency cannot accept an offer or a tender, both for buying-in and sales, or decide whether to fix or not the maximum amount of aid for private storage. However, if the conditions and practices of the wholesale trade or environmental rules in force in a Member State justify the application of minimum quantities larger than those laid down in this Regulation, the paying agency concerned should be entitled to require such larger minimum quantities for buying-in at fixed price.

(13)

In order to guarantee the seriousness of the offer or tender for intervention and to ensure that the measure will have its desired effect on the market, both in the case of intervention at fixed price and in the case of a tendering procedure, the level of the security should be established.

(14)

To ensure an effective management of the public intervention scheme, notifications on submitted offers and tenders should be provided for between Member States and the Commission. Measures should be introduced to respect the quantitative limitations fixed in Article 3 of Regulation (EU) No 1370/2013.

(15)

On the basis of the offers and tenders received a maximum buying-in price or a maximum amount of aid for private storage may be fixed. However, situations might arise on the market in which economic or other aspects make it necessary not to fix such a price or aid and to reject all the tenders received.

(16)

In order to guarantee a clear and effective functioning of the public intervention scheme, it is necessary to lay down the general rules concerning the issuance of the delivery order and the delivery of the products to the storage place designated by the paying agency. In addition, given the specificities of the sectors of cereals and rice as well as beef and butter and skimmed milk powder, it is necessary to lay down specific rules for those sectors.

(17)

With a view to the proper management of intervention stocks in storage and given the specificities of the sectors of cereals and rice, the obligations of the Member States should be specified as regards the maximum distance to the place of storage and the costs to be borne when this distance is exceeded.

(18)

In order to apply the common rules of Commission Delegated Regulation (EU) No 907/201412, it is appropriate to provide that the checks on products during storage have to be carried out as laid down in Article 3 of that Regulation. A takeover record should be issued on the basis of those checks and analyses.

(19)

In order to ensure good quality of products stored under public intervention, in case the products do not fulfil the applicable eligibility requirements, it should be provided for an obligation of the operator to take back the products and bear all the costs during the period the products have been stored in the storage places.

(20)

Where deboning is required for beef, it is necessary to lay down special rules for that sector to complement the general ones.

(21)

Rules should be established for payments, subject to price adjustment related to the quality of the product or to the location of the storage place. In order to give the operators the time to adapt to the new public intervention scheme, some conditions relating to price adjustment with regard to cereals should be applicable only from the start of the 2017/18 marketing year.

(22)

In order to give the necessary information on the characteristics of the products and on the site where they are stored, notices of invitation to tender should be drawn up and published by the paying agency holding intervention stocks available for sale. To this end, it should be provided for that a reasonable time period should elapse between the date of such publication and the first closing date for the submission of tenders.

(23)

On the basis of the tenders and of the situation on the Union market, the Commission should decide to fix or not a minimum intervention selling price. According to that decision, the paying agencies will accept or reject the tenders on products available for sale. Specific rules should be adopted for the allocation of beef, butter and skimmed milk powder.

(24)

In order to facilitate the sale of small quantities remaining in storage places in a Member State and to assure a sound management of the system, it is appropriate to provide that the paying agency, under its own responsibility, is entitled to open the tendering procedure for the resale of such quantities of intervention products, by applying mutatis mutandis the rules laid down in respect of tendering procedures opened by the Union, with a view to ensure equal access for all parties concerned. For the same reasons the paying agency should be authorised to put up for direct sale quantities which after checking by visual examination in the context of the annual stocktaking or during the inspection after taking into intervention may no longer be repackaged or are deteriorated.

(25)

To ensure that the aid for private storage scheme can be monitored properly, the information needed to conclude the storage contract should be specified as well as the obligations of the contracting parties and the conditions for placing into storage, in particular those enabling the competent authority responsible for checking storage operations to make an effective inspection of the storage conditions. The rules with regard to the contractual storage period should also be defined.

(26)

In order to ensure an efficient functioning of the aid for private storage scheme, it is necessary to lay down the general rules concerning the removal of the products from storage and the payment of aid for private storage. For butter and skimmed milk powder, given the specific nature of these products, special rules are necessary to complement the general ones.

(27)

When the amount of aid for private storage is fixed in advance, it is appropriate to provide for a reflection period in order to allow the market situation to be assessed before decisions on applications for aid are notified. Furthermore, where appropriate, provisions should be made for special measures applying in particular to pending applications to prevent excessive or speculative use of the private storage scheme. Such measures require swift action and the Commission should be empowered to act without applying the procedure referred to in Article 229(2) or (3) of Regulation (EU) No 1308/2013 and to take all necessary measures without delay.

(28)

To protect the Union's financial interests, adequate control measures should be adopted to combat irregularities and fraud. These control measures should involve full administrative checking supplemented by on-the-spot checks. The scope, content, timing and reporting of such control measures should be specified so as to ensure an equitable and uniform approach between Member States.

(29)

Amounts unduly paid should be recovered in accordance with Commission Implementing Regulation (EU) No 908/201413.

(30)

For an effective management of the public intervention and aid for private storage schemes, it is necessary to provide that the Member States inform the Commission periodically of the situation of stocks, of the products entering and leaving storage places and of the situation regarding prices and production for the products listed in Articles 11 and 17 of Regulation (EU) No 1308/2013.

(31)

The measures provided for in this Regulation are in accordance with the opinion of the Committee for the Common Organisation of the Agricultural Markets,

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