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Commission Implementing Regulation (EU) 2016/1240Show full title
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)
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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
1.On the basis of the tenders notified in accordance with Article 42, the Commission shall decide, as provided for in Article 4(2)(a) of Regulation (EU) No 1370/2013:
(a)not to fix a maximum amount of the aid; or
(b)to fix a maximum amount of the aid.
2.Where the tender is subject to a global quantity as referred to in Article 39(1)(g), and if the award of the total quantities for which that amount has been offered would lead to the global quantity being exceeded, the Commission shall, in accordance with the procedure referred to in Article 229(2) of Regulation (EU) No 1308/2013, adopt a decision fixing an allocation coefficient. The coefficient shall apply to the tenders which have been received at the level of the maximum amount of aid.
By way of derogation from Article 2(6), an operator to whom an allocation coefficient applies may withdraw his tender within 10 working days of the date of entry into force of the decision fixing the allocation coefficient.
3.Decisions on aid referred to in paragraphs 1 and 2 shall be published in the Official Journal of the European Union.
Article 44Individual decisions on tenders
1.Where no maximum amount of aid for private storage has been fixed, all tenders shall be rejected.
2.Where a maximum amount of aid has been fixed, the paying agency shall accept tenders which are equal to, or lower than that amount, without prejudice to Article 43(2). All the other tenders shall be rejected.
The paying agency shall only accept tenders that have been notified in accordance with Article 42.
3.The paying agency shall take the decisions referred to in paragraphs 1 and 2 of this Article after the publication of the decision of the Commission referred to in Article 43(1).
The paying agency shall notify operators of the outcome of their participation in the tendering procedure within three working days of the entry into force of that decision of the Commission.
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