{
  "url": "https://openlegislation.uk/eu-regulation-2016-1238/annex-IV/part-III",
  "json_url": "https://openlegislation.uk/eu-regulation-2016-1238/annex-IV/part-III.json",
  "legislation": "eur/2016/1238",
  "legislation_title": "Commission Delegated Regulation (EU) 2016/1238 of 18 May 2016 supplementing 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)",
  "legislation_url": "https://openlegislation.uk/eu-regulation-2016-1238",
  "path": "annex/IV/part/III",
  "kind": "division",
  "number": "PART III",
  "heading": "Criteria for the approval of undertakings referred to in Article 11(d) of Regulation (EU) No 1308/2013",
  "text": "1..Undertakings referred to in Article 11(d) of Regulation (EU) No 1308/2013 shall be approved only if they:\n(a)are approved in accordance with Article 4 of Regulation (EC) No 853/2004 and have the appropriate technical equipment;\n(b)undertake to keep permanent records in the form determined by the competent body ..., listing the supplier and origin of the raw materials, the quantities of butter obtained and the packaging, identification and exit date of each production batch intended for public intervention;\n(c)agree to submit their production of butter liable to be offered for intervention to a specific official inspection;\n(d)undertake to inform the competent body, at least two working days in advance, of their intention to produce butter for public intervention; however, the appropriate authority may set a shorter time limit.\n2..To ensure compliance with this Regulation, the competent bodies shall carry out unannounced on-the-spot inspections, on the basis of the intervention butter production schedule of the undertakings concerned.\nThey shall carry out at least:\n(a)one inspection per period of 28 days of production for intervention with at least one inspection every year, to examine the records referred to in point 1(b);\n(b)one inspection every year when butter is produced for intervention, to verify compliance with the other conditions for approval referred to in point 1.\n3..Approval shall be withdrawn if the conditions laid down in point 1(a) are no longer satisfied. Approval may be re-granted at the request of the undertaking concerned after a period of at least six months, following a thorough inspection.\nExcept in cases of force majeure, where an undertaking is found not to have complied with one of its commitments as referred to in point 1(b), (c) and (d), approval shall be suspended for a period of between one month and 12 months depending on the seriousness of the irregularity.\nThe appropriate authority shall not impose suspension where it is established that the irregularity was not committed deliberately or as a result of serious negligence and that it is of minor importance with regard to the effectiveness of the inspections provided for in point 2.\n4..A report shall be drawn up on the inspections carried out pursuant to points 2 and 3, specifying:\n(a)the date of the inspection;\n(b)the duration of the inspection;\n(c)the operations carried out.\nThe report shall be signed by the inspector responsible.",
  "extent": "E+W+S+N.I.",
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "F",
      "label": "F1",
      "text": "Words in Annex 4 Pt. 3 para. 1(b) omitted (31.12.2020) by virtue of The Market Measures Payment Schemes (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/823), regs. 1, 5(13)(b)(i); 2020 c. 1, Sch. 5 para. 1(1)"
    },
    {
      "type": "F",
      "label": "F2",
      "text": "Words in Annex 4 Pt. 3 para. 1(d) substituted (31.12.2020) by The Market Measures Payment Schemes (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/823), regs. 1, 5(13)(b)(ii); 2020 c. 1, Sch. 5 para. 1(1)"
    },
    {
      "type": "F",
      "label": "F3",
      "text": "Words in Annex 4 Pt. 3 para. 3 substituted (31.12.2020) by The Market Measures Payment Schemes (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/823), regs. 1, 5(13)(b)(iii); 2020 c. 1, Sch. 5 para. 1(1)"
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/eur/2016/1238/annex/IV/part/III",
    "retrieved_at": "2026-11-01T14:45:40.011432+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}