Reallocation of Union aid
Article 7
1. On the basis of the amounts of Union aid requested pursuant to Article 3 of this Regulation, the Commission shall reallocate unrequested indicative allocations or unrequested parts thereof in accordance with Article 5(5) of Regulation (EU) No 1370/2013. No additional amount shall be granted to a Member State for the group of products from which the Member State concerned has made a transfer to the other product group according to Article 6(1). If a Member State does not submit a request pursuant to Article 3, the indicative allocations of this Member State shall be regarded as unrequested. 2. The Commission may redistribute any unrequested definitive allocations or unrequested parts thereof for the ongoing school year as notified in accordance with Article 3(b) among those Member States who have notified their willingness to use more than their definitive allocations. No additional amount shall be granted to a Member State for the group of products from which the Member State concerned has made a transfer to the other product group according to Article 6(2). This redistribution shall be made within the allocation for school fruit and vegetables or for school milk, based on the indicative allocations of the requesting Member States. If applicable, amounts not requested by Member States within the same allocation may be distributed to Member States who requested additional amounts for the other allocation. 3. The amount of definitive 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 by 31 December prior to the aid application in accordance with Article 10 of Commission Implementing Regulation (EU) No 908/2014 ( 11 ) , 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 the calculation of the definitive allocations for the 2017/2018 and 2018/2019 school years, as well as for Member States newly applying the school scheme or one of its components during the first 2 years of implementation.