# Council Regulation (EU) No 1370/2013Show full title

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 products         

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# 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                        products                     

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union, and in particular Article 43(3) thereof,

Having regard to the proposal from the European Commission,

Whereas:

(1)The Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee                              and the Committee of the Regions entitled ‘The CAP towards 2020: Meeting the food, natural resources and territorial challenges                              of the future’ sets out potential challenges, objectives and orientations for the Common Agricultural Policy (‘the CAP’) after                              2013. In the light of the debate on that Communication, the CAP should be reformed with effect from 1 January 2014. That reform                              should cover all the main instruments of the CAP, including Council Regulation (EC) No 1234/2007(1). In the context of the reformed regulatory framework, measures on fixing prices, levies, aid and quantitative limitations                              should be taken.

(2)For the sake of clarity and transparency, the provisions on public intervention should be made subject to a common structure,                              whilst maintaining the policy pursued in each sector. For that purpose, it is appropriate to distinguish between reference                              thresholds laid down in Regulation (EU) No 1308/2013 of the European Parliament and of the Council(2) on the one hand and intervention prices on the other hand, and to define the latter. Only intervention prices for public                              intervention correspond to the applied administered prices referred to in the first sentence of paragraph 8 of Annex 3 to                              the WTO Agreement on Agriculture (i.e. market price support). In this context, it should be understood that market intervention                              can take the form of public intervention as well as other forms of intervention that do not use ex ante established price                              indications.

(3)The level of the public intervention price at which buying-in is carried out at a fixed price or under a tendering procedure                              should be provided for, including the cases for which an adjustment of the public intervention prices may be necessary. Equally,                              measures on quantitative limitations for carrying out the buying-in at a fixed price need to be taken. In both cases, the                              prices and quantitative limitation should reflect the practice and experience acquired under previous common market organisations.

(4)Regulation (EU) No 1308/2013 provides for the granting of aid for private storage as a market intervention measure. Measures                              on the fixing of the aid amounts need to be provided for. In view of the practice and experience acquired under previous common                              market organisations, it is appropriate to provide for the fixing of the aid amounts both in advance and by a tendering procedure,                              and for certain elements to be taken into account when the aid is fixed in advance.

(5)In order to ensure a sound budgetary management of the school fruit and vegetables scheme, a fixed ceiling of Union aid and                              maximum co-financing rates should be provided for. In order to allow all Member States to implement a cost-effective school                              fruit and vegetables scheme, a specified minimum amount of Union aid should be set.

(6)To ensure the proper functioning of the aid for the supply of milk and milk products to children in educational establishments                              and to ensure flexibility in the administration of such a scheme, a maximum quantity of milk eligible for aid, as well as                              the amount of Union aid, should be fixed.

(7)Pursuant to Regulation (EU) No 1308/2013, several measures in the sugar sector will expire at the end of the 2016/2017 marketing                              year for sugar when the system of quotas is abolished.

(8)Measures on the fixing of the production charge to be levied on the sugar quota, isoglucose quota and inulin syrup quota provided                              for in the sugar sector should be provided for in this Regulation in line with the prolongation of the quota system until                              30 September 2017.

(9)To ensure an efficient production refund system for certain products of the sugar sector, appropriate conditions should be                              laid down to fix the amount of the production refund.

(10)A minimum price should be fixed for quota beet corresponding to a standard quality which should be defined, in order to ensure                              a fair standard of living for the Union growers of sugar beet and sugar cane.

(11)To avoid a threat to the sugar market situation due to the accumulation of quantities of sugar, isoglucose and inulin syrup                              for which the applicable conditions are not met, provision should be made for a surplus levy.

(12)A mechanism to ensure a sufficient and balanced supply of sugar to the Union markets has been set up in Regulation (EU) No                              1308/2013, allowing the Commission to take the appropriate measures to achieve this. As the market management instruments                              putting this mechanism into practice are the temporary adjustments of the import duty payable on imported raw sugar as well                              as the temporary application of a levy on out of quota production released onto the internal market for the purposes of adjusting                              supply to demand, a specific provision enabling the Commission to apply such a levy and to fix its amount should be included                              in this Regulation.

(13)To ensure the proper functioning of the export refund system, appropriate measures should be provided for to fix the amount                              of the refunds. In addition, in the cereals and rice sectors, appropriate measures should be set to fix the corrective amounts                              and to provide for the adjustment of the refund amount in line with any changes in the level of the intervention price.

(14)To ensure an efficient day-to-day management of the CAP, the measures on fixing aid, refunds and prices set out in this Regulation                              should be limited to the broad conditions allowing concrete amounts to be laid down in the specific circumstances of each                              case. In order to ensure uniform conditions for the implementation of this Regulation, implementing powers should be conferred                              on the Commission to lay down those amounts. Those implementing powers should be exercised with the assistance of the Committee                              for the Common Organisation of the Agricultural Markets and in accordance with Regulation (EU) No 182/2011 of the European                              Parliament and of the Council(3). Furthermore, to ensure a swift response to fast changing market situations, the Commission should be empowered to fix new                              refund levels and, in the cereals and rice sectors, to adapt the corrective amount without applying Regulation (EU) No 182/2011,

HAS ADOPTED THIS REGULATION:

## Article 1U.K.Scope

[X1This Regulation provides for measures on fixing prices, levies, aid and quantitative limitations related to the common organisation                        of agricultural markets established by Regulation (EU) No 1308/2013.]                   

Editorial Information

X1Substituted by Corrigendum 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 products (Official Journal of the European Union L 346 of                                 20 December 2013).

## [F1Article 1aU.K.Reference thresholds

1.The following reference thresholds are fixed:                  

(a)for the cereals sector: EUR 101,31/tonne, related to the wholesale stage for goods delivered to the warehouse, before unloading;                  

(b)for paddy rice: EUR 150/tonne for the standard quality as defined in point A of Annex III to Regulation (EU) No 1308/2013,                           related to the wholesale stage for goods delivered to the warehouse, before unloading;                  

(c)for sugar of standard quality as defined in point B of Annex III to Regulation (EU) No 1308/2013, related to unpacked sugar,                           ex-factory:                  

for white sugar: EUR 404,4/tonne;                            

for raw sugar: EUR 335,2/tonne;                            

(d)for the beef and veal sector: EUR 2 224/tonne for carcasses of male bovine animals of conformation/fat cover class R3 as laid down in the Union scale for the classification                           of carcasses of bovine animals aged eight months or more referred to in point A of Annex IV to Regulation (EU) No 1308/2013;                  

(e)for the milk and milk products sector:                  

EUR 246,39 per 100 kg for butter;                            

EUR 169,80 per 100 kg for skimmed milk powder;                            

(f)for pigmeat: EUR 1 509,39/tonne for pig carcasses of a standard quality defined in terms of weight and lean meat content as laid down in the Union                           scale for the classification of pig carcasses referred to in point B of Annex IV to Regulation (EU) No 1308/2013, as follows:                  

carcasses weighing from 60 to less than 120 kg: class E;                            

carcasses weighing from 120 to 180 kg: class R;                            

(g)for the olive oil sector:                  

EUR 1 779/tonne for extra virgin olive oil;                            

EUR 1 710/tonne for virgin olive oil;                            

EUR 1 524/tonne for lampante olive oil with two degrees of free acidity; this amount shall be reduced by EUR 36,70/tonne for each additional                                 degree of acidity.                            

2.The reference thresholds provided for in paragraph 1 shall be kept under review by the Commission, taking account of objective                           criteria, in particular developments in production, costs of production (particularly inputs) and market trends. When necessary,                           the reference thresholds shall be updated in accordance with the procedure laid down in Article 43(3) TFEU in the light of                           developments in production and markets.                  

3.References to reference thresholds in Regulation (EU) No 1308/2013 shall be construed as references to the thresholds fixed                           in paragraph 1 of this Article.]                  

Textual Amendments

F1Inserted by Council Regulation (EU) 2016/2145 of 1 December 2016 amending Regulation (EU) No 1370/2013 determining measures on fixing                                 certain aids and refunds related to the common organisation of the markets in agricultural products.

## [F2Article 2U.K.Public intervention prices

1.The level of the public intervention price:                  

(a)for common wheat, durum wheat, barley, maize, paddy rice and skimmed milk powder shall be equal to the respective reference                           threshold set out in Article 1a in the case of buying-in at a fixed price and shall not exceed the respective reference threshold                           in the case of buying-in by tendering;                  

(b)for butter shall be equal to 90 % of the reference threshold set out in Article 1a in the case of buying-in at a fixed price                           and shall not exceed 90 % of that reference threshold in the case of buying-in by tendering;                  

(c)for beef and veal shall not exceed 85 % of the reference threshold set out in Article 1a.                  

2.The public intervention prices for common wheat, durum wheat, barley, maize and paddy rice referred to in paragraph 1 shall                           be adjusted by price increases or reductions to those prices based on the main quality criteria for the products.                  

3.The Commission shall adopt implementing acts determining the increases or reductions to the public intervention prices of                           the products referred to in paragraph 2 of this Article under the conditions laid down therein. Those implementing acts shall                           be adopted in accordance with the examination procedure referred to in Article 15(2).]                  

Textual Amendments

F2Substituted by Council Regulation (EU) 2016/2145 of 1 December 2016 amending Regulation (EU) No 1370/2013 determining measures on fixing                                 certain aids and refunds related to the common organisation of the markets in agricultural products.

## Article 3U.K.Buying-in prices and applicable quantitative limitations

1.Where public intervention is open pursuant to point (a) of Article 13(1) of Regulation (EU) No 1308/2013, buying-in shall                        be carried out at the fixed price referred to in Article 2 of this Regulation and shall not exceed the following quantitative                        limitations for each period referred to in Article 12 of Regulation (EU) No 1308/2013 respectively:                  

(a)for common wheat, 3 million tonnes;                  

(b)for butter, 50 000 tonnes;                  

(c)for skimmed milk powder, 109 000 tonnes.                  

[F3By way of derogation from the first subparagraph, in the year 2016, the quantitative limitations for the buying-in of butter                        and skimmed milk powder at fixed price shall be 100 000 tonnes for butter and 350 000 tonnes for skimmed milk powder. Any volumes bought in under a tendering procedure ongoing on 29 June 2016 shall not be counted against those quantitative limitations.]                   

[F4By way of derogation from the first subparagraph, in the year 2018, the quantitative limitation for buying-in skimmed milk powder                        at fixed price shall be 0 tonnes.]                   

[F5By way of derogation from the first subparagraph, the quantitative limitation for buying-in skimmed milk powder at a fixed                        price shall be 0 tonnes for the year 2019.]                   

2.Where public intervention is open pursuant to Article 13(1) of Regulation (EU) No 1308/2013:                  

(a)for common wheat, butter and skimmed milk powder beyond the quantitative limitations referred to in paragraph 1 of this Article;                        and                  

(b)for durum wheat, barley, maize, paddy rice and beef and veal,                  

buying-in shall be carried out by way of a tendering procedure to determine the maximum buying-in price.

The maximum buying-in price shall not exceed the relevant level referred to in Article 2(1) of this Regulation and shall be                     fixed by means of implementing acts.                  

3.In special and duly justified circumstances, the Commission may adopt implementing acts:                  

(a)restricting tendering procedures to a Member State or to a region of a Member State, or                  

(b)subject to Article 2(1), determining the buying-in prices for public intervention, per Member State or per region of a Member                        State on the basis of recorded average market prices.                  

4.The buying-in prices referred to in paragraphs 2 and 3 for common wheat, durum wheat, barley, maize and paddy rice shall be                        adjusted by increases or reductions to those prices based on the main quality criteria for those products.                  

The Commission shall adopt implementing acts determining such increases or reductions.

5.The implementing acts referred to in paragraphs 2, 3 and 4 of this Article shall be adopted in accordance with the examination                        procedure referred to in Article 15(2).                  

6.The Commission shall adopt, without applying the procedure referred to in Article 15(2), the implementing acts necessary in                        order to:                  

(a)respect the intervention limitations set out in paragraph 1 of this Article; and                  

(b)apply the tendering procedure referred to in paragraph 2 of this Article for common wheat, butter and skimmed milk powder                        beyond the quantitative limitations set out in paragraph 1 of this Article.                  

Textual Amendments

F3Substituted by Council Regulation (EU) 2016/1042 of 24 June 2016 amending Regulation (EU) No 1370/2013 determining measures on fixing certain                                 aids and refunds related to the common organisation of the markets in agricultural products, as regards the applicable quantitative                                 limitation for the buying-in of skimmed milk powder.

F4Inserted by Council Regulation (EU) 2018/147 of 29 January 2018 amending Regulation (EU) No 1370/2013 as regards the quantitative limitation                                 for buying-in skimmed milk powder.

F5Inserted by Council Regulation (EU) 2018/1554 of 15 October 2018 amending Regulation (EU) No 1370/2013 as regards the quantitative limitation                                 for buying-in skimmed milk powder.

## Article 4U.K.Aid for private storage

1.To establish the amount of aid for private storage for the products listed in Article 17 of Regulation (EU) No 1308/2013,                        where aid is granted in accordance with Article 18(2) of that Regulation, either a tendering procedure shall be opened for                        a limited period or the aid shall be fixed in advance. The aid may be fixed per Member State or per region of a Member State.                  

2.The Commission shall adopt implementing acts:                  

(a)where a tendering procedure applies, establishing the maximum amount of aid for private storage;                  

(b)where the aid is fixed in advance, fixing the amount of aid based on the storage costs and/or other relevant market elements.                  

Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 15(2).

## [F6Article 5U.K.Aid for the supply of school fruit and vegetables and of school milk, accompanying educational measures and related costs

1.Union aid for the financing of accompanying educational measures as referred to in point (b) of Article 23(1) of Regulation                           (EU) No 1308/2013 shall not exceed 15 % of Member States' annual definitive allocations as referred to in paragraph 6 of this                           Article.                  

2.Union aid for related costs as referred to in point (c) of Article 23(1) of Regulation (EU) No 1308/2013 shall in total not                           exceed 10 % of Member States' annual definitive allocations as referred to in paragraph 6 of this Article.                  

The Commission shall adopt implementing acts fixing the maximum level of Union aid per category of such costs as a percentage                        of Member States' annual definitive allocations or as a percentage of the costs of the products concerned.                   

Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 15(2) of this                        Regulation.                   

3.The amount of Union aid for the milk component of the products referred to in Article 23(5) of Regulation (EU) No 1308/2013                           shall not exceed EUR 27/100 kg.                  

4.The aid referred to in Article 23(1) of Regulation (EU) No 1308/2013 shall be allocated to each Member State in accordance                           with this paragraph and taking into account the criteria laid down in the first subparagraph of Article 23a(2) of Regulation                           (EU) No 1308/2013.                  

From 1 August 2017 until 31 July 2023, the indicative allocations of the aid referred to in points (a) and (b) of the second subparagraph of Article 23a(1) of                        Regulation (EU) No 1308/2013 for each Member State shall be as set out in Annex I. During that period, point (c) of the first                        subparagraph of Article 23a(2) of Regulation (EU) No 1308/2013 shall not apply to Croatia.                   

From 1 August 2023, the Commission shall adopt implementing acts fixing, on the basis of the criteria referred to in the first subparagraph                        of Article 23a(2) of Regulation (EU) No 1308/2013, the indicative allocations to each Member State of the aid referred to                        in points (a) and (b) of the second subparagraph of Article 23a(1) of that Regulation. However, Member States shall each receive                        at least EUR 290 000 of Union aid for the distribution of school fruit and vegetables and at least EUR 193 000 of Union aid for the distribution of school milk, as defined in Article 23(2) of Regulation (EU) No 1308/2013.                   

The Commission shall subsequently assess at least every 3 years whether those indicative allocations remain consistent with                        the criteria laid down in Article 23a(2) of Regulation (EU) No 1308/2013. Where necessary, the Commission shall adopt implementing                        acts fixing new indicative allocations.                   

The implementing acts referred to in this paragraph shall be adopted in accordance with the examination procedure referred                        to in Article 15(2) of this Regulation.                   

5.Where, for a given year, a Member State has not submitted a request for Union aid in accordance with Article 23a(3) of Regulation                           (EU) No 1308/2013 or has requested only part of its indicative allocation as referred to in paragraph 4 of this Article, the                           Commission shall reallocate that indicative allocation or the unrequested part thereof to those Member States who have notified                           it of their willingness to use more than their indicative allocation.                  

The Commission shall, by means of implementing acts, adopt the measures necessary for carrying out such a reallocation, which                        shall be based on the criterion referred to in point (a) of the first subparagraph of Article 23a(2) of Regulation (EU) No                        1308/2013 and limited according to the level of use of the definitive allocation of Union aid as referred to in paragraph                        6 of this Article by the Member State concerned for the school year that ended prior to the annual request for Union aid.                   

Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 15(2) of this                        Regulation.                   

6.Following the requests submitted by the Member States in accordance with Article 23a(3) of Regulation (EU) No 1308/2013, the                           Commission shall each year adopt implementing acts fixing the definitive allocation of aid for school fruit and vegetables                           and for school milk among participating Member States within the limits set out in Article 23a(1) of Regulation (EU) No 1308/2013,                           taking account of the transfers referred to in Article 23a(4) of that Regulation.                  

Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 15(2) of this                        Regulation.]                   

Textual Amendments

F6Substituted by Council Regulation (EU) 2016/795 of 11 April 2016 amending Regulation (EU) No 1370/2013 determining measures on fixing certain                                 aids and refunds related to the common organisation of the markets in agricultural products.

## Article 7U.K.Sugar sector production charge

1.The production charge on sugar quota, isoglucose quota and inulin syrup quotas provided for in Article 128 of Regulation (EU)                        No 1308/2013 shall be set at EUR 12,00 per tonne for the quota sugar and quota inulin syrup. For isoglucose, the production                        charge shall be set at 50 % of the charge applicable to sugar.                  

2.The totality of the production charge paid in accordance with paragraph 1 shall be charged by the Member State to undertakings                        on its territory on the basis of the quota held during the marketing year concerned.                  

Payments shall be made by those undertakings by the end of February of the relevant marketing year at the latest.

3.Union sugar and inulin syrup undertakings may require sugar beet or sugar cane growers or chicory suppliers to bear up to                        50 % of the production charge concerned.                  

## Article 8U.K.Sugar sector production refund

The production refund for the products of the sugar sector provided for in Article 129 of Regulation (EU) No 1308/2013 shall                     be fixed by the Commission by means of implementing acts based on:                  

the costs arising from the use of imported sugar that the industry would have to bear in the event of supply from the world                              market; and                           

[F2the price of surplus sugar available on the Union market or, if there is no surplus sugar on that market, the reference threshold                                 for sugar fixed in point (c) of Article 1a.]                            

Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 15(2) of this                     Regulation.                  

Textual Amendments

F2Substituted by Council Regulation (EU) 2016/2145 of 1 December 2016 amending Regulation (EU) No 1370/2013 determining measures on fixing                                 certain aids and refunds related to the common organisation of the markets in agricultural products.

## Article 9U.K.Minimum beet price

1.The minimum price for quota beet provided for in Article 135 of Regulation (EU) No 1308/2013 shall be EUR 26,29 per tonne                        until the end of the 2016/2017 marketing year for sugar on 30 September 2017.                  

2.The minimum price referred to in paragraph 1 shall apply to sugar beet of the standard quality defined in Part B of Annex                        III to Regulation (EU) No 1308/2013.                  

3.Sugar undertakings buying quota beet suitable for processing into sugar and intended for processing into quota sugar shall                        be required to pay at least the minimum price, adjusted by price increases or reductions to allow for deviations from the                        standard quality. Such increases or reductions shall be determined by the Commission by means of implementing acts. Those                        implementing acts shall be adopted in accordance with the examination procedure referred to in Article 15(2).                  

4.For the quantities of sugar beet corresponding to the quantities of industrial sugar or surplus sugar that are subject to                        the surplus levy provided for in Article 11, the sugar undertaking concerned shall adjust the purchase price so that it is                        at least equal to the minimum price for quota beet.                  

## Article 10U.K.Adjustment of the national sugar quotas

The Council may, in accordance with Article 43(3) of the Treaty, on a proposal by the Commission, adjust the quotas set out                     in Annex XII to Regulation (EU) No 1308/2013 as a result of any decisions by Member States taken in accordance with Article                     138 of that Regulation.                  

## Article 11U.K.Surplus levy in the sugar sector

1.A surplus levy, including as provided for in Article 142 of Regulation (EU) No 1308/2013, shall be fixed at a level which                        is sufficiently high so as to avoid the accumulation of quantities referred to in that Article. That levy shall be fixed by                        the Commission by means of implementing acts. Those implementing acts shall be adopted in accordance with the examination                        procedure referred to in Article 15(2) of this Regulation.                  

2.The surplus levy referred to in paragraph 1 shall be charged by the Member State to the undertakings on its territory on the                        basis of the quantities of production referred to in that paragraph that have been established for those undertakings for                        the marketing year concerned.                  

## Article 12U.K.Temporary market management mechanism in the sugar sector

With a view to ensuring a sufficient and balanced supply of sugar to the Union market, until the end of the 2016/2017 marketing                     year for sugar on 30 September 2017, notwithstanding Article 142 of Regulation (EU) No 1308/2013, the Commission may, for                     the quantity and time necessary, apply temporarily by means of implementing acts a surplus levy on out-of-quota production                     referred to in point (e) of Article 139(1) of that Regulation.                  

The Commission shall fix the amount of such levy by means of implementing acts.

The implementing acts referred to in this Article shall be adopted in accordance with the examination procedure referred to                     in Article 15(2) of this Regulation.                  

## Article 13U.K.Fixing of export refunds

1.Under the conditions laid down in Article 196 of Regulation (EU) No 1308/2013 and as provided for in Article 198 of that Regulation,                        the Commission may adopt implementing acts fixing export refunds:                  

(a)at regular intervals, for products from the list in Article 196(1) of Regulation (EU) No 1308/2013;                  

(b)by tendering procedures for cereals, rice, sugar and milk and milk products.                  

Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 15(2) of this                     Regulation.                  

2.One or more of the following shall be taken into account when export refunds for a product are being fixed:                  

(a)the existing situation and future trends with regard to:                  

prices and availabilities of that product on the Union market,

prices of that product on the world market;

(b)the aims of the common market organisation, which are to ensure equilibrium and the natural development of prices and trade                        on that market;                  

(c)the need to avoid disturbances likely to cause a prolonged imbalance between supply and demand on the Union market;                  

(d)the economic aspect of the proposed exports;                  

(e)the limits resulting from international agreements concluded in accordance with the Treaty;                  

(f)the need to establish a balance between the use of Union basic products in the manufacture of processed goods for export to                        third countries and the use of third country products brought in under processing arrangements;                  

(g)the most favourable marketing costs and transport costs from Union markets to Union ports or other places of export together                        with forwarding costs to the countries of destination;                  

(h)demand on the Union market;                  

(i)in respect of the pigmeat, eggs and poultrymeat sectors, the difference between prices within the Union and prices on the                        world market for the quantity of feed grain input required for the production in the Union of products of those sectors.                  

3.The amount of the refund may, where necessary to ensure a swift response to fast changing market situations, be adjusted by                        the Commission, by means of implementing acts, either at the request of a Member State or on its own initiative. Those implementing                        acts shall be adopted without applying the procedure referred to in Article 15(2).                  

## Article 14U.K.Specific measures on export refunds for cereals and rice

1.The Commission may adopt implementing acts fixing corrective amounts applicable to the export refunds fixed in respect of                        the cereals and rice sectors. Those implementing acts shall be adopted in accordance with the examination procedure referred                        to in Article 15(2).                  

Where necessary to ensure a swift response to fast changing market situations, the Commission may adopt implementing acts,                     without applying the procedure referred to in Article 15(2), amending such corrective amounts.                  

The Commission may apply this paragraph to products of the cereals and rice sectors that are exported in the form of processed                     goods in accordance with Council Regulation (EC) No 1216/2009(4).                  

2.For the first three months of the marketing year, the refund applicable to exports of malt, either in storage at the end of                        the previous marketing year or made from barley in stock at that time, shall be that which would have applied in respect of                        the export licence in question to exports made during the last month of the preceding marketing year.                  

3.The refund on products listed in points (a) and (b) of Part I of Annex I to Regulation (EU) No 1308/2013, established in accordance                        with Article 199(2) of that Regulation, may be adjusted by the Commission, by means of implementing acts, in line with any                        changes in the level of the intervention price.                  

The first subparagraph may be applied, in whole or in part, to products listed in points (c) and (d) of Part I of Annex I                     to Regulation (EU) No 1308/2013 as well as to products listed in Part I of that Annex and exported in the form of processed                     goods in accordance with Regulation (EC) No 1216/2009. In that case, the Commission shall, by means of implementing acts,                     correct the adjustment referred to in the first subparagraph of this paragraph by applying a coefficient expressing the ratio                     between the quantity of basic product and the quantity thereof contained in the processed product exported or used in the                     goods exported.                  

The implementing acts referred to in this paragraph shall be adopted in accordance with the examination procedure referred                     to in Article 15(2) of this Regulation.                  

## Article 15U.K.Committee procedure

[X11.The Commission shall be assisted by the Committee for the Common Organisation of the Agricultural Markets, established by                           Article 229 of Regulation (EU) No 1308/2013. That Committee shall be a committee within the meaning of Regulation (EU) No                           182/2011.]                  

2.Where reference is made to this paragraph, Article 5 of Regulation (EU) No 182/2011 shall apply.                  

Editorial Information

X1Substituted by Corrigendum 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 products (Official Journal of the European Union L 346 of                                 20 December 2013).

## Article 16U.K.Correlation table

References to the relevant provisions of Regulation (EC) No 1234/2007 following its repeal by Regulation (EU) No 1308/2013                     shall be construed as references to this Regulation and be read in accordance with the correlation table set out in the Annex                     to this Regulation.                  

## Article 17U.K.Entry into force and application

This Regulation shall enter into force on the day of its publication in the *Official Journal of the European Union*.                  

It shall apply from 1 January 2014.

Articles 7 to 12 shall apply until the end of the 2016/17 marketing year for sugar on 30 September 2017.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

## [F6ANNEX II]U.K.**CORRELATION TABLE**referred to in Article 16

## [F7ANNEX IU.K.**INDICATIVE ALLOCATIONS**for the period 1 August 2017 to 31 July 2023(as referred to in the second subparagraph of Article 5(4))

Textual Amendments

F7Inserted by Council Regulation (EU) 2016/795 of 11 April 2016 amending Regulation (EU) No 1370/2013 determining measures on fixing certain                                 aids and refunds related to the common organisation of the markets in agricultural products.

1

Council Regulation (EC) No 1234/2007 of 22 October 2007 establishing a common organisation of agricultural markets and on                              specific provisions for certain agricultural products (Single CMO Regulation) (OJ L 299, 16.11.2007, p. 1).                           

2

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 1037/01                              and (EC) No 1234/2007 (OJ L 347, 20.12.2013, p. 671).                           

3

Regulation (EU) No 182/2011 of the European Parliament and of the Council of 16 February 2011 laying down the rules and general                              principles concerning mechanisms for control by the Member States of the Commission's exercise of implementing powers (OJ L 55, 28.2.2011, p. 13).                           

4

Council Regulation (EC) No 1216/2009 of 30 November 2009 laying down the trade arrangements applicable to certain goods resulting                              from the processing of agricultural products (OJ L 328, 15.12.2009, p. 10).