1.On the basis of the [F1admissible tenders received within the time limits set down in the published tendering procedure], the [F2appropriate authority] shall decide F3...:
(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 [F4appropriate authority] shall [F5fix] 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 [F6by the appropriate authority].
Textual Amendments
F1Words in Art. 43(1) substituted (31.12.2020) by The Market Measures Payment Schemes (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/823), regs. 1, 6(25)(a)(i) (as substituted by S.I. 2020/1445, regs. 1(2)(a), 15(3)(b)); 2020 c. 1, Sch. 5 para. 1(1)
F2Words in Art. 43(1) substituted (31.12.2020) by The Market Measures Payment Schemes (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/823), regs. 1, 6(25)(b); 2020 c. 1, Sch. 5 para. 1(1)
F3Words in Art. 43(1) omitted (31.12.2020) by virtue of The Market Measures Payment Schemes (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/823), regs. 1, 6(25)(a)(ii) (as substituted by S.I. 2020/1445, regs. 1(2)(a), 15(3)(b)); 2020 c. 1, Sch. 5 para. 1(1)
F4Words in Art. 43(2) substituted (31.12.2020) by The Market Measures Payment Schemes (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/823), regs. 1, 6(25)(b); 2020 c. 1, Sch. 5 para. 1(1)
F5Word in Art. 43(2) substituted (31.12.2020) by The Market Measures Payment Schemes (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/823), regs. 1, 6(25)(c); 2020 c. 1, Sch. 5 para. 1(1)
F6Words in Art. 43(3) substituted (31.12.2020) by The Market Measures Payment Schemes (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/823), regs. 1, 6(25)(d); 2020 c. 1, Sch. 5 para. 1(1)
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 [F7tenders received within the time limits set down in the published tendering procedure.].
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 [F8appropriate authority] 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 [F8appropriate authority].
Textual Amendments
F7Words in Art. 44(2) substituted (31.12.2020) by The Market Measures Payment Schemes (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/823), regs. 1, 6(26)(a); 2020 c. 1, Sch. 5 para. 1(1)
F8Words in Art. 44(3) substituted (31.12.2020) by The Market Measures Payment Schemes (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/823), regs. 1, 6(26)(b); 2020 c. 1, Sch. 5 para. 1(1)