# Commission Regulation (EC) No 1857/2006 of 15 December 2006 on the application of Articles 87 and 88 of the Treaty to State aid to small and medium-sized enterprises active in the production of agricultural products and amending Regulation (EC) No 70/2001, Article 10: Aid in respect of animal and plant diseases and pest infestations

Extent: E+W+S+N.I.

1. Aid to compensate farmers for the costs of prevention and eradication of animal or plant diseases or pest infestations incurred for the costs of health checks, tests and other screening measures, purchase and administration of vaccines, medicines and plant protection products, slaughter and destruction costs of animals and costs of destruction of crops shall be compatible with the common market within the meaning of Article 87(3)(c) of the Treaty and shall be exempt from the notification requirement of Article 88(3) of the Treaty if it fulfils the following conditions and the conditions set out in paragraphs 4 to 8 of this Article:
(a) the gross aid intensity must not exceed 100 %;
(b) the aid shall be granted in kind by means of subsidised services and must not involve direct payments of money to producers.
2. Aid to compensate farmers for losses caused by animal or plant diseases or pest infestations shall be compatible with the common market within the meaning of Article 87(3)(c) of the Treaty and shall be exempt from the notification requirement of Article 88(3) of the Treaty if it fulfils the following conditions and the conditions set out in paragraphs 4 to 8 of this Article:
(a) compensation must be calculated only in relation to:
(i) the market value of animals killed or plants destroyed by the disease or pest infestation or of animals killed or plants destroyed by public order as part of a compulsory public prevention or eradication programme;
(ii) income losses due to quarantine obligations and difficulties in restocking or replanting;
(b) the gross aid intensity must not exceed 100 %;
(c) the aid must be limited to losses caused by diseases for which an outbreak has been formally recognised by public authorities.
3. The maximum amount of costs or loss eligible for aid pursuant to paragraphs 1 and 2 must be reduced by:
(a) any amount received under insurance schemes; and
(b) costs not incurred because of the disease, which would otherwise have been incurred.
4. Payments must be made in relation to diseases or pests for which Community or national provisions exist, whether laid down by law, regulation or administrative action. Payments must thus be made as part of a public programme at Community, national or regional level for the prevention, control or eradication of the disease or pest concerned. The diseases or pest infestation must be clearly identified in the programme, which must also contain a description of the measures concerned.
5. The aid must not relate to a disease in respect of which Community legislation provides for specific charges for control measures.
6. The aid must not relate to measures in respect of which Community legislation provides that the cost of such measures is to be borne by the agricultural holding, unless the cost of such aid measures is entirely offset by compulsory charges on producers.
7. As regards animal diseases, the aid must be granted in respect of diseases mentioned in the list of animal diseases established by the World Organisation for Animal Health and/or in the Annex to Council Decision 90/424/EEC.
8. Aid schemes must be introduced within three years following the occurrence of the expense or loss. Aid must be paid out within four years following the occurrence.

---
Source: https://www.legislation.gov.uk/eur/2006/1857/article/10 (the official version)
Page: https://openlegislation.uk/eu-regulation-2006-1857/article-10
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.