Aid for public health measures
Article 40
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.