Aid for animal health and welfare measures
Article 41
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.