1. In order to provide for market transparency, the Commission shall, where necessary, be empowered to adopt delegated acts in accordance with Article 227 laying down the conditions under which it may decide to grant private storage aid for the products listed in Article 17, taking into account:
(a)
average recorded Union market prices and the reference thresholds and production costs for the products concerned; and/or
(b)
the need to respond in a timely way to a particularly difficult market situation or economic developments having a significant negative impact on the margins in the sector.
2. The Commission may adopt implementing acts
(a)
granting private storage aid for the products listed in Article 17, taking into account the conditions referred to in paragraph 1 of this Article;
(b)
restricting the granting of private storage aid.
Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 229(2).
3. Measures on fixing the amount of aid for private storage provided for in Article 17 shall be taken by the Council in accordance with Article 43(3) TFEU.