In Article 7 of Implementing Regulation (EU) 2017/39, paragraph 3 is replaced by the following:
‘3. The amount of indicative allocation that may be reallocated to another Member State pursuant to paragraph 1 shall be based on the level of use of the definitive allocation of Union aid in the previous school year for school fruit and vegetables and for school milk respectively by that Member State. Taking into account the declarations of expenditure sent to the Commission concerning expenditure effected up to 31 December of the year prior to the submission of the request for Union aid in accordance with Article 10 of Commission Implementing Regulation (EU) No 908/2014 ( *1 ) , the amount of the definitive allocation shall be calculated as follows:
(a)
when the use of the definitive allocation is below or equal to 50 %, no additional allocation shall be granted;
(b)
when the use of the definitive allocation is higher than 50 % but lower or equal to 75 %, the maximum additional allocation shall be capped at 50 % of the indicative allocation;
(c)
when the use of the definitive allocation is higher than 75 %, the maximum additional allocation shall not be capped.
The calculation described in the first subparagraph shall not apply for Member States newly applying the school scheme or one of its components during the first two years of implementation.