The Swedish Agricultural Agency can now compensate companies and businesses for financial losses incurred due to the restrictions in the swine fever-infected zone around Fagersta.
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The possibility of compensation does not only cover animal owners and plant growers, but can also apply to others - provided that they are directly affected by the restrictions.
The Swedish Agency for Agriculture's decision to introduce restrictions in the infected zone is made with the support of the Epizootic Act.
That legislation is clear when it comes to compensation for primary producers in agriculture who are affected by their decisions, but the Swedish Agency for Agriculture's ability to compensate other companies and operations has not been as clear.
"By having requested and received an adjustment in the Swedish Agricultural Agency's regulatory letter from the government, we can now replace more groups than just primary producers (animal owners and plant growers) within the framework of the Epizootic Act," the Agency said.
"It is the first time that the Swedish Agricultural Agency has introduced such extensive restrictions with an impact on so many people and businesses. Therefore, it feels positive that we now have the opportunity to replace all companies and operations that have been directly affected by the restrictions," says Jan Cedervärn, director general at the Swedish Agricultural Agency.
"In order to be entitled to compensation, you need, according to the Epizootic Act, to be directly affected by the restrictions. To be directly affected, one must own an asset affected by the restrictions, or have an agreement comparable to owning such an asset," the Agency said.
"Our general assessment is that landowners, lessees and holders of hunting rights may be directly affected and thus entitled to compensation, provided they have had a compensable cost or loss of income due to the restrictions," a lawyer at the Swedish Board of Agriculture said.
"It could be, for example, that you have not been able to move felled timber out of the infected zone or that you have not been able to use your land for experiential tourism. However, we do not consider, for example, that hotels and hostels in the area that experience reduced demand can receive compensation," says Jacob Landsjö.
"In order to receive compensation, you must submit an application and to the extent that you are directly affected and what costs, loss of income or loss of production you have had. The Swedish Agricultural Agency will make an assessment in each individual case," said the Agency.
"In order for the Swedish Agricultural Agency to be able to provide compensation according to the Epizootic Act to companies other than primary producers, we have to use the EU's rules for what is called "state aid of minor importance"."
These rules exist to avoid distortion of competition in the EU's internal market and mean that companies can receive a maximum of 200,000 euros in state aid of minor importance over three years.
"When you apply for compensation, you must therefore notify the Swedish Agricultural Agency of any other government support of minor importance that you have received, so as not to risk being liable for repayment," the Agency said.
According to the Epizootic Act, anyone indirectly affected by the restrictions cannot receive compensation.
The Swedish Agency for Agriculture's general assessment is that some companies and operations are not directly affected by the restrictions - even if the demand for their goods and services has decreased.
For example, it could be companies that perform contracting services in forests and land, processing or processing industries such as sawmills or slaughterhouses, as well as companies that conduct activities based on the public use of forests and land, such as berry and mushroom pickers.
"We fully understand that many are in a difficult situation as a result of the outbreak of African swine fever and the restrictions that were necessary to introduce to combat the infection. We have done what we could within the legislation we have to deal with," says Jan Cedervärn.
"At the same time, the conclusions we have drawn are general, an assessment must always be made in each individual case. If you consider yourself directly affected, you must submit an application." ■