General conditions
1. Aid granted under this section shall fulfil the following general conditions:
(a)
it shall be limited to aquaculture undertakings, unless otherwise stated in this Regulation;
(b)
where operations consist of investments in equipment or infrastructure ensuring compliance with future requirements relating to the environment, human or animal health, hygiene or animal welfare under Union law, support may be granted until the date on which such requirements become mandatory for the undertakings;
(c)
it shall not be granted to the farming of genetically modified organisms;
(d)
it shall not be granted to aquaculture operations in marine protected areas, if it has been determined by the competent authority of the Member State, on the basis of an environmental impact assessment, that the operation would generate significant negative environmental impact that cannot be adequately mitigated.
2. Aid under this section for investments that aim at exploiting new markets shall be granted only where the beneficiary undertaking provides documentation that good and sustainable market prospects exist for the project.
3. For investment requiring an environmental impact assessment under Directive 2011/92/EU of the European Parliament and of the Council ( 29 ) the aid shall be subject to the condition that such assessment has been carried out and the development consent has been granted for the investment project concerned before the date of granting the individual aid.
Aid for innovation in aquaculture
1. Aid for innovation in aquaculture fulfilling the conditions laid down in Chapter I of this Regulation shall be compatible with the internal market within the meaning of Article 107(3), point (c), TFEU and shall be exempted from the notification requirement of Article 108(3) thereof provided that:
(a)
the aid stimulates innovation in aquaculture;
(b)
the aid aims to achieve the following:
(i)
develop technical, scientific or organisational knowledge in aquaculture farms, which, in particular, reduces the impact on the environment, reduces dependence on fish meal and oil, fosters a sustainable use of resources in aquaculture, improves animal welfare or facilitates new sustainable production methods;
(ii)
develop or introduce on the market new aquaculture species with market potential, new or substantially improved products, new or improved processes, or new or improved management and organisation systems;
(iii)
explore the technical or economic feasibility of innovative products or processes.
2. Subsidised services under this Article shall be carried out by, or in collaboration with, public or private scientific or technical bodies, recognised by the Member State, which shall validate the results of subsidised services.
3. The results of projects receiving support shall be adequately publicised by the Member State.
4. The eligible costs may be the following:
(a)
direct personnel costs related to researchers, technicians and other supporting staff to the extent employed on the project;
(b)
costs of instruments and equipment to the extent and for the period used for the project;
(c)
costs of buildings, to the extent and for the duration period used for the project and under the following conditions:
(i)
with regard to buildings, only the depreciation costs corresponding to the life of the project, as calculated on the basis of generally accepted accounting principles, are considered as eligible;
(ii)
with regard to land, costs of commercial transfer or actually incurred capital costs are eligible;
(d)
costs of contractual research, knowledge and patents bought or licensed from outside sources at arm’s length conditions, as well as costs of consultancy and equivalent services used exclusively for the project; or
(e)
additional overheads and other operating expenses, including costs of materials, supplies and similar products, incurred directly as a result of the project.
For the purposes of point (b), where those instruments and equipment are not used for their full life for the project, only the depreciation costs corresponding to the life of the project, as calculated on the basis of generally accepted accounting principles, are considered as eligible.
5. The amount of the aid granted under this Article shall not exceed, in gross grant equivalent, a maximum aid intensity rate of 50 % of the eligible costs. Specific maximum aid intensity rates shall be as set out in Annex IV. Where one operation falls under several of the rows 1 to 11 of Annex IV, the highest maximum aid intensity rate shall apply.
Aid for investments increasing productivity or positively impacting the environment in aquaculture
1. Aid for investments increasing productivity or positively impacting the environment in aquaculture fulfilling the conditions laid down in Chapter I of this Regulation shall be compatible with the internal market within the meaning of Article 107(3), point (c), TFEU and shall be exempted from the notification requirement of Article 108(3) thereof provided that the aid supports:
(a)
productive investments in aquaculture;
(b)
diversification of aquaculture production and species cultured;
(c)
modernisation of aquaculture units, including the improvement in working and safety conditions of aquaculture workers;
(d)
improvements and modernisation related to animal health and welfare, including the purchase of equipment aiming at protecting the farms from wild predators;
(e)
investments reducing the negative impact or enhancing the positive effects on the environment and increasing resource efficiency;
(f)
investments in enhancing the quality of, or in adding value to, aquaculture products;
(g)
the restoration of existing aquaculture ponds or lagoons through the removal of silt, or investments aimed at the prevention of silt deposits;
(h)
the diversification of the income of aquaculture undertakings through the development of complementary activities;
(i)
investments resulting in a substantial reduction in the impact of aquaculture undertakings on water usage and quality, in particular through reducing the amount of water or chemicals, antibiotics and other medicines used, or through improving the output water quality, including through the deployment of multi–trophic aquaculture systems;
(j)
the promotion of closed aquaculture systems where aquaculture products are farmed in closed recirculation systems, thereby minimising water use; or
(k)
investments increasing energy efficiency and promoting the conversion of aquaculture undertakings to renewable sources of energy.
2. Aid referred to in paragraph 1, point (h), shall only be granted to aquaculture undertakings if the complementary activities relate to the core aquaculture business of the undertakings, including angling tourism, environmental services related to aquaculture or educational activities concerning aquaculture.
3. Aid referred to in paragraph 1 of this Article may be granted for investments that increase production and/ or modernisation of existing aquaculture undertakings, or for the construction of new production capacity, provided that the development is consistent with the plan for the development of aquaculture referred to in Article 34 of Regulation (EU) No 1380/2013.
4. Investments referred to in paragraph (1), point (e), include those related to the use of more sustainable feed, the reduction and management of nutrient release and effluents, the reduction of escapees, the use of chemicals and medicines with lower impact on the environment, the adoption of a circular approach in the management of waste, the disposal of aquaculture gear or the use of biodegradable aquaculture gear to avoid marine litter, the management of predators, and those that make a measurable contribution on the restoration of biodiversity or ecological continuity.
5. The amount of the aid granted under this Article shall not exceed, in gross grant equivalent, a maximum aid intensity rate of 50 % of the eligible costs. Specific maximum aid intensity rates shall be as set out in Annex IV. Where one operation falls under several of the rows 1 to 11 of Annex IV, the highest maximum aid intensity rate shall apply. For operations positively impacting the environment the maximum aid intensity rate shall be 80 % unless a higher aid intensity rate would be applicable with regard to Annex IV.
Aid for the management, relief and advisory services for aquaculture farms
1. Aid for the management, relief and advisory services for aquaculture farms fulfilling the conditions laid down in Chapter I of this Regulation shall be compatible with the internal market within the meaning of Article 107(3), point (c), TFEU and shall be exempted from the notification requirement of Article 108(3) thereof provided that:
(a)
the aid improves the overall performance and competitiveness of aquaculture farms;
(b)
the aid reduces the negative environmental impact of aquaculture farms; and
(c)
the aid supports the purchase of farm advisory services of a technical, scientific, legal, environmental or economic nature.;
For purposes of point (c), the aid shall only be granted to aquaculture SMEs or aquaculture organisations, including aquaculture producer organisations and associations of aquaculture producer organisations.
2. Advisory services referred to in paragraph 1, point (c), shall cover:
(a)
the management needs to enable aquaculture farms to comply with Union and national environmental legislation, as well as with maritime spatial planning requirements;
(b)
environmental impact assessment as referred to in Directive 2011/92/EU and Directive 92/43/EEC;
(c)
the management needs to enable aquaculture farms to comply with Union and national aquatic animal health and welfare or public health legislation;
(d)
standards based on Union and national legislation;
(e)
marketing and business strategies; or
(f)
feasibility studies and advisory services that assess the viability of measures potentially eligible for support under Title II, Chapter III of Regulation (EU) 2021/1139.
3. Advisory services referred to in paragraph 1 shall be provided by scientific or technical bodies, as well as by entities providing legal or economic advice with the required competences as recognised by the Member State. The aid shall take the form of a subsidised service or direct grant.
4. Beneficiary undertakings shall not receive aid more than once per year for each category of advisory service listed in paragraph 2.
5. The amount of the aid granted under this Article shall not exceed, in gross grant equivalent, a maximum aid intensity rate of 50 % of the eligible costs. Specific maximum aid intensity rates shall be as set out in Annex IV. Where one operation falls under several of the rows 1 to 11 of Annex IV, the highest maximum aid intensity rate shall apply.
Aid to promote human capital and networking in aquaculture
1. Aid to promote human capital and networking in aquaculture fulfilling the conditions laid down in Chapter I of this Regulation shall be compatible with the internal market within the meaning of Article 107(3), point (c), TFEU and shall be exempted from the notification requirement of Article 108(3) thereof provided that the aid supports the following:
(a)
professional training, lifelong learning, the dissemination of scientific and technical knowledge and innovative practices, the acquisition of new professional skills in aquaculture and with regard to the reduction of the environment impact of aquaculture operations;
(b)
the improvement of working conditions and the promotion of occupational safety; and
(c)
networking and exchange of experiences and best practices among aquaculture undertakings or professional organisations and other stakeholders, including scientific and technical bodies or those promoting equal opportunities between men and women.
2. The aid shall take the form of a subsidised service or direct grant.
3. The aid may only cover the following eligible costs incurred directly as a result of the supported project:
(a)
direct salary costs
(b)
participation fees;
(c)
travel costs;
(d)
costs of publications;
(e)
purchased data collection services, studies, pilot projects;
(f)
the rent of exhibition premises and stands and the costs of their installation and dismantling; or
(g)
costs for the dissemination of scientific knowledge and factual information.
4. The amount of the aid granted under this Article shall not exceed, in gross grant equivalent, a maximum aid intensity rate of 50 % of the eligible costs. Specific maximum aid intensity rates shall be as set out in Annex IV. Where one operation falls under several of the rows 1 to 11 of Annex IV, the highest maximum aid intensity rate shall apply.
Aid to increase the potential of aquaculture sites
1. Aid to increase the potential of aquaculture sites in aquaculture fulfilling the conditions laid down in Chapter I of this Regulation shall be compatible with the internal market within the meaning of Article 107(3), point (c), TFEU and shall be exempted from the notification requirement of Article 108(3) thereof provided that:
(a)
the aid contributes positively to development of the aquaculture sites and infrastructures and reduces the negative environmental impact of the operations;
(b)
the aid supports the following:
(i)
the identification and mapping of the most suitable areas for developing aquaculture, taking into account, where applicable, spatial planning processes, and the identification and mapping of areas where aquaculture should be excluded in order to maintain the role of such areas in the functioning of the ecosystem;
(ii)
the improvement and development of support facilities and infrastructures required to increase the potential of aquaculture sites and to reduce the negative environmental impact of aquaculture, including investments in land consolidation, energy supply or water management;
(iii)
action taken and implemented by competent authorities under Article 9(1) of Directive 2009/147/EC or Article 16(1) of Directive 92/43/EEC, with the aim of preventing serious damage to aquaculture; or
(iv)
action taken and implemented by competent authorities following the detection of increased mortalities or diseases as provided for in Regulation (EU) 2016/429 of the European Parliament and of the Council ( 30 ) and Commission Delegated Regulation (EU) 2020/689 ( 31 ) .
For purposes of point (b)(iv), aid shall only be granted to cover the adoption of shellfish action plans aimed at the protection, restoration and management, including support to shellfish producers for the maintenance, of natural shellfish banks and catchment areas.
2. The eligible costs may be the following incurred directly as a result of the project:
(a)
the costs of investment in tangible and intangible assets;
(b)
direct salary costs; or
(c)
the costs of consultancy, contractual research, and support services provided by external consultants.
3. Beneficiary undertakings under this Article shall only be those undertakings who have been entrusted by the Member State with the tasks referred to in paragraph 1, point (b).
4. The amount of the aid granted under this Article shall not exceed, in gross grant equivalent, a maximum aid intensity rate of 50 % of the eligible costs. Specific maximum aid intensity rates shall be as set out in Annex IV. Where one operation falls under several of the rows 1 to 11 of Annex IV, the highest maximum aid intensity rate shall apply.
Aid to encourage new aquaculture entrepreneurs practising sustainable aquaculture
1. Aid to encourage new aquaculture entrepreneurs practising sustainable aquaculture fulfilling the conditions laid down in Chapter I of this Regulation shall be compatible with the internal market within the meaning of Article 107(3), point (c), TFEU and shall be exempted from the notification requirement of Article 108(3) thereof provided that
(a)
the aid fosters entrepreneurship in aquaculture; and
(b)
the aid supports the setting-up of sustainable aquaculture undertakings by new entrepreneurs.
2. The aid shall be granted to aquaculture entrepreneurs entering the sector provided that they:
(a)
possess adequate professional skills and competence;
(b)
set up for the first time an aquaculture SMEs, as managers of that undertaking; and
(c)
submit a business plan for the development of their aquaculture activities.
3. In order to acquire adequate professional skills, aquaculture entrepreneurs entering the sector may benefit from aid referred in Article 35(1).
4. The eligible costs may be the following incurred directly as a result of the project:
(a)
salary costs;
(b)
additional overheads and other costs, including costs of materials, supplies;
(c)
costs of equipment; or
(d)
the investment costs in tangible and intangible assets.
5. The amount of the aid under this Article shall not exceed, in gross grant equivalent, a maximum aid intensity rate of 50 % of the eligible costs. Specific maximum aid intensity rates shall be as set out in Annex IV. Where one operation falls under several of the rows 1 to 11 of Annex IV, the highest maximum aid intensity rate shall apply.
Aid for the conversion to eco-management and audit schemes and organic aquaculture
1. Aid for the conversion to eco-management and audit schemes and organic aquaculture fulfilling the conditions laid down in Chapter I of this Regulation shall be compatible with the internal market within the meaning of Article 107(3), point (c), TFEU and shall be exempted from the notification requirement of Article 108(3) thereof provided that
(a)
the aid promotes the development of organic or energy–efficient aquaculture;
(b)
the aid supports one of the following:
(i)
the conversion of conventional aquaculture production methods into organic aquaculture within the meaning Regulation (EU) 2018/848 ( 32 ) and in accordance with Commission Implementing Regulation (EU) 2021/1165 ( 33 ) ;
(ii)
the participation in the Union eco-management and audit schemes (EMAS) in accordance with Regulation (EC) No 1221/2009 of the European Parliament and of the Council ( 34 ) .
2. The aid shall only be granted with regard to the conversion of beneficiary undertakings who commit themselves to participate in the EMAS for a minimum of three years or to comply with the requirements of organic production for a minimum of five years. A revision clause shall be provided in commitments undertaken pursuant to this paragraph in order to ensure their adjustment in the case of amendments of the relevant mandatory requirements, standards and conditions referred to in this Article.
3. Aid shall take the form of compensation for a maximum of three years during the period of the conversion of the undertaking to organic production, or during the preparation for participation in the EMAS. Member States shall calculate that compensation on the basis of one of the following:
(a)
the loss of revenue or additional costs incurred during the period of transition from conventional into organic production for operations eligible under paragraph 1, point (b)(i);
(b)
the additional costs resulting from the application and preparation of the participation in EMAS for operations eligible under paragraph 1, point (b)(ii).
4. If the beneficiary undertaking is not able comply with the commitments under paragraph 2 due to exceptional and external circumstances the aid amount calculated under paragraph 3 shall be deducted and recovered proportionally based on the duration of the initial commitment and time that the commitments were not complied with.
5. The amount of the aid granted under this Article shall not exceed, in gross grant equivalent, a maximum aid intensity rate of 50 % of the eligible costs. Specific maximum aid intensity rates shall be as set out in Annex IV. Where one operation falls under several of the rows 1 to 11 of Annex IV, the highest maximum aid intensity rate shall apply.
Aid for environmental services
1. Aid to undertakings active in the aquaculture sector that provide environmental services fulfilling the conditions laid down in Chapter I of this Regulation shall be compatible with the internal market within the meaning of Article 107(3), point (c), TFEU and shall be exempted from the notification requirement of Article 108(3) thereof provided that:
(a)
the aid fosters the development of the aquaculture sector providing environmental services; and
(b)
the aid supports one of the following measures:
(i)
aquaculture methods compatible with specific environmental needs and subject to specific management requirements resulting from the designation of NATURA 2000 areas in accordance with Directives 92/43/EEC and 2009/147/EC;
(ii)
participation, in terms of costs directly related thereto, in ex-situ conservation and reproduction of aquatic animals, within the framework of conservation and biodiversity restoration programmes developed by public authorities, or under their supervision;
(iii)
aquaculture operations which include conservation and improvement of the environment and of biodiversity, and management of the landscape and traditional features of aquaculture zones.
2. Aid referred to in paragraph 1, point (b)(i), of this Article shall take the form of annual compensation. The eligible costs are the additional costs incurred and/or income foregone as a result of management requirements in the areas concerned, related to the implementation of Directives 92/43/EEC or 2009/147/EC.
3. For the purposes of point (b)(ii) in paragraph 1, the eligible costs are the direct additional costs incurred as a result of operations concerned.
4. Aid referred to in paragraph 1, point (b)(iii), shall be granted only to beneficiary undertakings who commit themselves for a minimum period of five years to aqua-environmental requirements that go beyond the mere application of Union and national law. The environmental benefits of the operation shall be demonstrated by a prior assessment conducted by competent bodies designated by the Member State, unless the environmental benefits of that operation are already recognised.
5. Aid referred to in paragraph 1, point (b)(iii), shall take the form of annual compensation. The eligible costs are the direct additional costs incurred and/or income foregone.
6. The results of operations receiving aid under this Article shall be adequately publicised by the Member State.
7. For commitments undertaken pursuant to this Article, a revision clause shall be provided in order to ensure their adjustment in the case of amendments of the relevant mandatory requirements, standards and conditions referred to in this Article.
8. The amount of the aid granted under this Article shall not exceed, in gross grant equivalent, a maximum aid intensity rate of 100 % of the eligible costs.
Aid for public health measures
1. Aid for public health measures fulfilling the conditions laid down in Chapter I of this Regulation shall be compatible with the internal market within the meaning of Article 107(3), point (c), TFEU and shall be exempted from the notification requirement of Article 108(3) thereof provided that the aid supports a compensation scheme which compensates mollusc farmers for the temporary suspension of the harvesting of farmed molluscs, where such suspension occurs exclusively for reasons of public health.
2. Aid referred to in paragraph 1 may only be granted where the closing of the classified production or relaying area, in accordance with Article 62 of Commission Implementing Regulation (EU) 2019/627 ( 35 ) is due to the proliferation of toxin-producing plankton or to the presence of plankton containing biotoxins exceeding the limits established in Annex III, Section VII, Chapter V of Regulation (EC) No 853/2004 of the European Parliament and of the Council ( 36 ) , and provided that:
(a)
the contamination lasts for more than four consecutive months; or
(b)
the loss, resulting from the suspension of the harvest, amounts to more than 25 % of the annual turnover of the business concerned, calculated on the basis of the average turnover of that business over the three calendar years preceding the year in which the harvest was suspended;
For the purposes of point (b) of the first subparagraph, Member States may establish special calculation rules in respect of companies with less than three years of activity.
3. The duration for which compensation may be granted shall be a maximum of 12 months between 1 January 2023 and 31 December 2029. In duly justified cases, it may be extended once for a maximum of an additional 12 months up to a combined maximum of 24 months.
4. The eligible costs are the direct additional costs incurred and/or income foregone as a result of the measures concerned. The compensation calculated shall be reduced by any costs not directly incurred due to the event which would otherwise have been incurred by the beneficiary.
5. The aid and any other payments received to compensate the damage, including payments under insurance policies, shall be limited to 100 % of the eligible costs.
Aid for animal health and welfare measures
1. Aid for animal health and welfare in aquaculture undertakings fulfilling the conditions laid down in Chapter I of this Regulation shall be compatible with the internal market within the meaning of Article 107(3), point (c), TFEU and shall be exempted from the notification requirement of Article 108(3) thereof provided that:
(a)
the aid aims to foster animal health and welfare in aquaculture undertakings, inter alia, in terms of prevention and bio-security; and
(b)
the aid may only cover one of the following measures:
(i)
the development of general and species-specific best practices or codes of conduct on bio-security or on animal health and animal welfare needs in aquaculture;
(ii)
initiatives aimed at reducing the dependence of aquaculture on veterinary medicine;
(iii)
veterinary or pharmaceutical studies and dissemination and exchange of information and best practices regarding veterinary diseases in aquaculture, with the aim of promoting an appropriate use of veterinary medicine;
(iv)
the establishment and operation of health protection groups in the aquaculture sector as recognised by Member States; or
(v)
compensation to mollusc farmers for the temporary suspension of their activities due to exceptional mass mortality, if the yearly mortality rate exceeds 20 %, or if the loss resulting from the suspension of the activity amounts to more than 30 % of the annual turnover of the business concerned, calculated on the basis of the average turnover of that business over the three calendar years preceding the year in which the activities were suspended.
For the purposes of point (b), Member States may establish special calculation rules in respect of companies with less than three years of activity.
The aid referred in point (b)(iii) shall not cover the purchase of veterinary medicines.
The results of the studies financed under point (b)(iii), shall be adequately reported and publicised by the Member State.
2. The aid shall take the form of a subsidised service or direct grant.
3. For the purposes of point (b)(i) to (iv) in paragraph 1, the eligible costs are the direct additional costs incurred as a result of measures concerned. For the purposes of point (b)(v) in paragraph 1, the eligible costs are the direct additional costs incurred and/or income foregone as a result of measures concerned.
4. The amount of the aid granted under this Article shall not exceed, in gross grant equivalent, a maximum aid intensity rate of 100 % of the eligible costs.
Aid for prevention, control and eradication of diseases
1. Aid for prevention, control and eradication of diseases in aquaculture undertakings fulfilling the conditions laid down in Chapter I of this Regulation shall be compatible with the internal market within the meaning of Article 107(3), point (c), TFEU and shall be exempted from the notification requirement of Article 108(3) thereof provided that the aid supports the costs of prevention, control and eradication of:
(a)
diseases in aquaculture listed in Article 5(1) of Regulation (EU) 2016/429, or included in the list of animal diseases of the Aquatic Animal Health Code of the World Organisation for Animal Health, including the operational costs necessary to fulfil the obligations in an eradication plan;
(b)
emerging diseases that meet the criteria laid down in Article 6(2) of Regulation (EU) 2016/429;
(c)
zoonoses of aquatic animals listed in Annex III, point 2, to Regulation (EU) 2021/690 of the European Parliament and of the Council ( 37 ) ; or
(d)
diseases other than a listed disease referred to in Article 9(1), point (d), of Regulation (EU) 2016/429 that meet the criteria laid down in Article 226 of that Regulation.
2. The aid shall be paid only in relation to diseases of aquatic animals for which Union or national rules exist, whether laid down by law, regulation or administrative action.
3. The aid may only cover the following eligible costs for preventive, control and eradication purposes:
(a)
health checks, analyses, tests, and other screening measures;
(b)
the improvement of biosecurity measures;
(c)
the purchase, storage, administration or distribution of vaccines, medicines, and substances for the treatment of animals;
(d)
the slaughtering, culling, and destruction of animals;
(e)
the destruction of animal products and of products linked to them;
(f)
the cleaning, disinfection or disinfestation of the holding and equipment; or
(g)
the damage incurred due to the slaughtering, culling or destruction of animals, animal products, and products linked to them.
4. The aid shall not relate to measures the cost of which Union legislation requires to be borne by the beneficiary, unless the cost of such measures is entirely offset by compulsory charges on the beneficiaries.
5. Aid schemes related to an animal disease shall be introduced within three years and the aid paid out within four years from the date of the occurrence of the cost or damage caused by the animal disease.
6. The amount of the aid granted under this Article shall not exceed, in gross grant equivalent, a maximum aid intensity rate of 100 % of the eligible costs.
Aid for investment to prevent and mitigate the damage caused by animal disease
1. Aid for investment to prevent and mitigate the damage caused by animal diseases in aquaculture fulfilling the conditions laid down in Chapter I of this Regulation shall be compatible with the internal market within the meaning of Article 107(3), point (c), TFEU and shall be exempted from the notification requirement of Article 108(3) thereof provided thatthe investment primarily pursues the aim of preventing or mitigating of damage caused by animal diseases under Article 42 (1), point (a), of this Regulation.
2. The aid may only cover the eligible costs that are direct and specific for preventive measures. The costs may only include the costs:
(a)
for the construction, acquisition, including leasing, or improvement of immovable property; or
(b)
the purchase or lease purchase of machinery and equipment up to the market value of the asset.
3. The amount of the aid granted under this Article shall not exceed, in gross grant equivalent, a maximum aid intensity rate of 65 % of the eligible costs. Specific maximum aid intensity rates shall be as set out in Annex IV. Where one operation falls under several of the rows 1 to 11 of Annex IV, the highest maximum aid intensity rate shall apply.
Aid for aquaculture stock insurance
1. Aid for aquaculture stock insurance fulfilling the conditions laid down in Chapter I of this Regulation shall be compatible with the internal market within the meaning of Article 107(3), point (c), TFEU and shall be exempted from the notification requirement of Article 108(3) thereof provided that:
(a)
the aid promotes to safeguard the income of aquaculture producers; and
(b)
the aid contributes to an aquaculture stock insurance covering economic losses due to at least one of the following:
(i)
natural disasters;
(ii)
adverse climatic events;
(iii)
sudden water quality and quantity changes for which the operator is not responsible;
(iv)
diseases in aquaculture, failure or destruction of production facilities for which the operator is not responsible;
(v)
public health crises;
(vi)
loss of production due to attack by protected or predatory animals;
(vii)
the insurance shall not require or specify the type or quantity of future production and the aid is not limited to insurance provided by a specific insurance company or group of companies.
2. The occurrence of the circumstances referred to in paragraph 1, points (b)(i), (ii) and (v), in aquaculture shall be formally recognised as such by the Member State concerned.
3. Member States may, where appropriate, establish criteria in advance on the basis of which the formal recognition referred to in paragraph 2 shall be deemed to be granted.
4. The contributions referred to in paragraph 1, point (b), shall relate to the covering the costs for up to 70 % of a premium for a contract covering up to 100 % of the potential economic loss.
Source: EUR-Lex (Publications Office of the EU), © European Union, reuse permitted under Commission Decision 2011/833/EU.
