Aid to make good the damage caused by protected animals
Article 53
1. Aid to make good the damage caused by protected animals in fishery and aquaculture sector 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) there is a direct causal link between the damage suffered and the behaviour of the protected animals; (b) the eligible costs shall be the costs of the damage incurred as a direct consequence of the event that caused the damage, as assessed either by a public authority, by an independent expert recognised by the granting authority or by an insurance undertaking; and (c) for fisheries, aid with regard to damage for animals is limited to damage to catches. 2. The damage to be made good may include the following: (a) damage for animals in aquaculture: the eligible costs are based on the market value of the animal damaged or killed by the protected animals; (b) damage to catches in fishery sector caused by protected animals; or (c) the material damage to the following assets: equipment, machinery, property. 3. The market value referred to in paragraph 2 of this Article shall be established on the basis of the value of the animals immediately before the damage caused by the behaviour of the protected animals occurred, and as if they had not been affected by the behaviour of the protected animals. 4. The calculation of the material damage shall be based on the repair cost or economic value of the affected asset before the damage occurred. It must not exceed the repair cost or the decrease in fair market value caused by the protected animals, that is to say the difference between the asset’s value immediately before and immediately after the damage occurred. 5. The damage to be made good may be increased by other costs incurred by the beneficiary undertaking due to the behaviour of the protected animals, and it shall be reduced by any costs not directly incurred due to the behaviour of the protected animals which would otherwise have been incurred by the beneficiary undertaking, and by any revenue made by the sale of products linked to the animals damaged or killed. 6. Save for first attacks by protected animals, a reasonable effort from the beneficiary undertaking is required to mitigate the risk of distortions of competition and to provide an incentive for minimising the risk. This effort shall take the form of preventive measures, such as safety fences, which are proportionate to the risk of damage caused by behaviour of the protected animals in the area concerned, unless such measures are not reasonably possible. 7. Aid shall be paid directly to the undertaking concerned or to a producer group or organisation of which that undertaking is a member. Where the aid is paid to a producer group or organisation, the amount of aid shall not exceed the amount of aid to which that undertaking is eligible. 8. The aid scheme shall be established within a period of three years from the date of the occurrence of the damaging event. The aid shall be paid out within four years from that date. 9. The aid granted and any other payments received to compensate the damage, including payments under insurance policies, shall be limited to 100 % of the eligible costs.