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Article 40
Fees for procurement activities
1. The costs arising from the procurement activities carried out pursuant to this Chapter
shall be jointly financed by the participating entities through fees levied by the
Commission.
2. The costs incurred in establishing the common procurement activities referred to in
Article 37, including the development of the common procurement platform, may be
initially borne by the general budget of the Union. In such case, they shall be
reimbursed by the participating entities over a period not exceeding three years from
the date on which they were borne by the Union. The Commission may adopt
implementing acts laying down the practical and operational arrangements for
reimbursement by the participating entities. Those implementing acts shall be
adopted in accordance with the examination procedure referred to in Article 46(2).
3. Revenues generated by the fees shall constitute internal assigned revenues within the
meaning of Article 21(3), point (a), of Regulation (EU, Euratom) 2024/2509. Those
revenues shall be assigned to cover the costs of the procurement activities carried out
pursuant to Article 37. Any revenue remaining after covering those costs shall be
entered into the general budget of the Union.
4. The fees shall be set in advance, shall be proportionate to the estimated costs of the
activities for which fees are chargeable as determined in a cost-effective way,
reflecting practices of comparable procurement frameworks, and shall be sufficient
to cover those costs.
5. 5. The Commission shall adopt implementing acts laying down detailed rules for
determining the fees, specifying the following:
(a) the estimated costs attributable to the procurement activities for which fees are
chargeable;
(b) the individual amounts of the chargeable fees;
(c) the manner and conditions under which the fees are to be paid;
(d) the conditions under which the fees are to be paid.
Those implementing acts shall be adopted in accordance with the examination
procedure referred to in Article 46(2).
Chapter V
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