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23.2.2013 Official
Journal
of
the
European
Union L
51/11
REGULATIONS
COMMISSION IMPLEMENTING REGULATION (EU) No 165/2013
of 22 February 2013
fixing for 2013 the amount of aid in advance for private storage of butter
THE EUROPEAN COMMISSION,
(7)
To facilitate the implementation of the present measure
and taking into consideration the existing practice in the
Member States, the aid should relate only to products
Having regard to the Treaty on the Functioning of the European
that have been fully placed into storage. Consequently,
Union,
a derogation from Article 7(3) of Regulation (EC) No
826/2008 should be provided for.
Having regard to Council Regulation (EC) No 1234/2007 of
22 October 2007 establishing a common organisation of agri
cultural markets and on specific provisions for certain agri
(8) For
reasons
of
administrative
efficiency
and
simplifi
cultural products (Single CMO Regulation) (
cation, where the required information concerning

1 ), and in particular
Article 43(a) and (d), in conjunction with Article 4 thereof,
storage details are already included in the application
for aid, it is appropriate to waive the request to notify
the same information after the conclusion of the contract
as provided for in point (a) of the first paragraph of
Whereas:
Article 20 of Regulation (EC) No 826/2008.
(1) Article
28
of
Regulation
(EC)
No
1234/2007
provides
for the granting of private storage aid for butter.
(9) For
reasons
of
simplification
and
logistic
efficiency,
Member States should be allowed to waive the
requirement to mark the contract number on each unit
(2) Developments
in
prices
and
stocks
of
butter
indicate
an
stored where the contracts number is entered in the
imbalance in the market which may be eliminated or
stores register.
reduced by the seasonal storage. In view of the current
market situation, it is appropriate to grant aid for private
storage of butter as from 1 March 2013.
(10) For
reasons of administrative
efficiency
and simplifi
cation, taking into account the particular situation for
(3) Commission
Regulation
(EC)
No
826/2008
of
20
August
butter storage, the checks provided for in Article 36(6)
2008 laying down common rules for the granting of
of Regulation (EC) No 826/2008 should be carried out in
private storage aid for certain agricultural products (
respect of at least one half of the contracts.

2 )
has established common rules for the implementation
Consequently, a derogation from that Article should be
of a private storage aid scheme.
provided for.
(4) Pursuant
to
Article
6
of
Regulation
(EC)
No
826/2008, (11) Commission
Regulation
(EC)
No
792/2009
of
31
August
aid fixed in advance is to be granted in accordance with
2009 laying down detailed rules for the Member States’
the detailed rules and conditions provided for in Chapter
notification to the Commission of information and
III of that Regulation.
documents in implementation of the common organi
sation of the markets, the direct payments’ regime, the
promotion of agricultural products and the regimes
(5) In
accordance
with
Article
29
of
Regulation
(EC)
No
applicable to the outermost regions and the smaller
1234/2007 the aid should be fixed in the light of
Aegean islands
( 3 ) lays down common rules for
storage costs and the likely trends in prices for fresh
notifying information and documents by the competent
butter and butter from stocks.
authorities of the Member States to the Commission.
Those rules cover in particular the obligation for the
Member States to use the information systems made
(6)
It is appropriate to fix aid for the costs for entry and exit
available by the Commission and the validation of the
of the products concerned and for daily costs for cold
access rights of the authorities or individuals authorised
storage and financing.
to send notifications. In addition, that Regulation sets
common principles applying to the information
( 1 ) OJ L 299, 16.11.2007, p. 1.
( 2 ) OJ L 223, 21.8.2008, p. 3.
( 3 ) OJ L 228, 1.9.2009, p. 3.

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L 51/12
EN
Official Journal of the European Union
23.2.2013
systems in order to guarantee the authenticity, integrity
3. Member
States
may
waive
the
requirements
referred
to
in
and legibility over time of the documents. It also
Article 22(1)(e) of Regulation (EC) No 826/2008 to mark the
provides for personal data protection.
contract number provided that the store manager undertakes to
enter the contract number in the register referred to in point III
of Annex I to that Regulation.
(12) Pursuant
to
Regulation
(EC)
No
792/2009
the
obligation
to use the information systems in accordance with that
Regulation has to be provided for in the regulations
4. By
way
of
derogation
from
Article
36(6)
of
Regulation
establishing a specific notification obligation.
(EC) No 826/2008, at the end of the contractual storage
period, the authority responsible for checking shall, throughout
the whole removal period from August 2013 to February 2014,
(13) The
Commission
has
developed
an
information
system
in respect of at least one half of the number of contracts, by
that allows managing documents and procedures elec
sampling, verify weight and identification of the butter in
tronically in its own internal working procedures and
storage.
in its relations with the authorities involved in the
common agricultural policy.
Article 4
(14) It
is considered that notification obligations for the
1. The
aid
for
the
products
referred
in
Article
1
shall
be:
private storage of butter can be fulfilled via that system
in accordance with Regulation (EC) No 792/2009, in
particular those provided for in Article 35 of Regulation
— EUR 14,88 per tonne of storage for fixed storage costs,
(EC) No 826/2008.
— EUR 0,25 per tonne per day of contractual storage.
(15) For
reasons
of
clarity,
this
Regulation
should
expire
on
the final date laid down for the end of contractual
storage.
2. Entry
into
contractual
storage
shall
take
place
between
1 March and 15 August 2013. Removal from store may take
place only as from 16 August 2013. Contractual storage shall
(16) The
measures
provided
for
in
this
Regulation
are
in
end on the day preceding that of the removal from storage or at
accordance with the opinion of the Management
the latest the last day of February following the year of entry
Committee for the Common Organisation of Agricultural
into store.
Markets,
3. Aid
may
be
granted
only
where
the
contractual
storage
HAS ADOPTED THIS REGULATION:
period is between 90 and 210 days.
Article 1
Article 5
1. This Regulation provides for private storage aid for salted
1. Member
States
shall
notify
the
Commission
of
the
and unsalted butter as referred to in Article 28(a) of Regulation
following:
(EC) No 1234/2007 for contracts concluded from 1 March
2013.
(a) by each Tuesday for the previous week, the quantities for
which contracts have been concluded as well as the quan
2. Regulation (EC) No 826/2008 shall apply save as
tities of products for which applications to conclude
otherwise provided for in this Regulation.
contracts have been submitted, as required under
Article 35(1)(a) of Regulation (EC) No 826/2008;
Article 2
The unit of measurement referred to in Article 16(2)(c) of
(b) not later than the end of each month for the previous
Regulation (EC) No 826/2008 is the ‘storage lot’ which
month, the information on the stocks required under
corresponds to the quantity of the product covered by this
Article 35(1)(b) of Regulation (EC) No 826/2008.
Regulation, weighing at least 1 tonne and of homogeneous
composition and quality, produced in a single factory, taken
into storage in a single warehouse on a single day.
2. The
notifications
referred
to
in
paragraph
1
shall
be
made
in accordance with Regulation (EC) No 792/2009.
Article 3
Article 6
1. By
way
of
derogation
from
Article
7(3)
of
Regulation
(EC)
No 826/2008, applications shall only relate to products that
This Regulation shall enter into force on the third day following
have been fully placed into storage.
that of its publication in the Official Journal of the European
Union.
2. Point (a) of the first paragraph of Article 20 of Regulation
(EC) No 826/2008 shall not apply.
It shall expire on 28 February 2014.

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EN
23.2.2013 Official
Journal
of
the
European
Union L
51/13
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 22 February 2013.
For the Commission
The President
José Manuel BARROSO

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