Commission Implementing Regulation (EU) 2025/1485 of 24 July 2025 on exceptional market measures for the eggs and poultrymeat sectors in Poland

THE EUROPEAN COMMISSION,

Having regard to the Treaty on the Functioning of the European Union,

Having regard to Regulation (EU) No 1308/2013 of the European Parliament and of the Council of 17 December 2013 establishing a common organisation of the markets in agricultural products and repealing Council Regulations (EEC) No 922/72, (EEC) No 234/79, (EC) No 1037/2001 and (EC) No 1234/2007 (1), and in particular Article 220(1), first subparagraph, point (a) thereof,

Whereas:

(1) Between 9 August 2021 and 3 August 2023, 193 outbreaks of highly pathogenic avian influenza of subtype H5 were confirmed and notified by Poland. The species affected are Gallus domesticus chickens, laying hens, turkeys, ducks and geese.

(2) Poland immediately and efficiently took all the necessary animal health and veterinary measures required in accordance with Regulation (EU) 2016/429 of the European Parliament and of the Council (2) and Commission Delegated Regulation (EU) 2020/687 (3).

(3) In particular, Poland took control, monitoring and preventive measures and established protection and surveillance zones (‘the regulated zones’) pursuant to Commission Implementing Decisions (EU) 2021/1395 (4), (EU) 2021/1982 (5), (EU) 2021/2100 (6), (EU) 2021/2186 (7), (EU) 2021/2310 (8), (EU) 2022/53 (9), (EU) 2022/106 (10), (EU) 2022/145 (11), (EU) 2022/198 (12), (EU) 2022/257 (13), (EU) 2022/349 (14), (EU) 2022/417 (15), (EU) 2022/454 (16), (EU) 2022/690 (17), (EU) 2022/745 (18), (EU) 2022/1320 (19), (EU) 2022/1351 (20), (EU) 2022/1853 (21), (EU) 2023/9 (22), (EU) 2023/125 (23), (EU) 2023/233 (24), (EU) 2023/312 (25), (EU) 2023/343 (26), (EU) 2023/469 (27), (EU) 2023/497 (28), (EU) 2023/816 (29), (EU) 2023/901 (30), (EU) 2023/984 (31), (EU) 2023/1083 (32) and (EU) 2023/1520 (33).

(4) Poland informed the Commission that the necessary health and veterinary measures, which had been applied to contain and eradicate the spread of the disease, had affected a very large number of operators and that those operators suffered income losses that were not eligible for Union financial contribution under Regulation (EU) 2021/690 of the European Parliament and of the Council (34).

(5) On 18 February 2025, the Commission received a formal request from Poland for part-financing of certain exceptional measures pursuant to Article 220(3) of Regulation (EU) No 1308/2013 for outbreaks confirmed between 9 August 2021 and 3 August 2023. On 12 and 27 May 2025, Polish authorities clarified and documented their request.

(6) As a result of applying the animal health and veterinary measures referred to in recital 3, fallowing periods were prolonged, the placing of birds was prohibited and movements were restricted on holdings of all types of poultry in the regulated zones. This led to a loss of production of hatching eggs, consumption eggs, live animals and poultry meat in these holdings affected.

(7) In accordance with Article 220(5) of Regulation (EU) No 1308/2013, the Union part-financing has to be equivalent to 50 % of the expenditure borne by Poland for the relevant exceptional market support measures. The maximum quantities eligible for financing in respect of each exceptional market support measure should be fixed by the Commission after assessing the request received from Poland related to the outbreaks confirmed between 9 August 2021 and 3 August 2023.

(8) To avoid any risk of overcompensation, the maximum amounts and flat rate amount of part-financing should be based on technical and economic studies or accounting documents and fixed at an appropriate level for each animal and product according to categories.

(9) To avoid any risk of double funding, the losses incurred by beneficiaries should not have been compensated by State aid or insurance, and the Union part-financing under this Regulation should be limited to eligible animals and products for which no Union financial contribution has been received under Regulation (EU) 2021/690.

(10) The extent and duration of the exceptional market support measures provided for in this Regulation should be limited to what is strictly necessary to support the market. In particular, the exceptional market support measures should apply only to the production of eggs and poultry in the holdings located in the regulated zones and for the duration of the animal health and veterinary measures laid down in the Union and Polish legislation relevant to the 193 outbreaks of highly pathogenic avian influenza confirmed between 9 August 2021 and 3 August 2023.

(11) To ensure flexibility in case the numbers of animals eligible for compensation differ from the maximum numbers set in this Regulation, which are based on estimates, compensation may be adjusted within certain limits, as long as the maximum amount of expenditure part-financed by the Union is respected.

(12) As the Union aid is fixed in euro, it is necessary to fix a date for the conversion of the amount allocated to Member States not having adopted the euro as their national currencies, as it is the case for Poland. Since this Regulation does not provide for a deadline for the submission of the applications for aid, it is appropriate to consider, for the purposes of Article 30(3) of Commission Delegated Regulation (EU) 2022/127 (35), the date of entry into force of this Regulation as the operative event for the exchange rate regarding the amounts set out in this Regulation.

(13) In order to ensure the effectiveness of this exceptional measure, beneficiaries should rapidly receive the emergency financial support. Additionally, a timely monitoring of the budget as well as an up-to-date follow up and efficient use of the agricultural reserve, thereby maximising its availability and enhancing the capacity to respond promptly to emerging crises, should be ensured. Therefore, it is appropriate to define an eligibility date by which time Poland is to pay this support to the beneficiaries. Any payments made after this date should be considered ineligible for Union financing.

(14) The Union should therefore finance the expenditure incurred by Poland under this exceptional measure only where such expenditure is made by a certain eligibility date. The support for this exceptional measure should therefore be paid by Poland by 28 February 2026.

(15) As no payments made after 28 February 2026 are to be considered eligible under any circumstances, Article 5(2) of Delegated Regulation (EU) 2022/127, which provides for a proportional reduction of the monthly payments effected after the deadline, is not to apply.

(16) In order to ensure the eligibility and the correctness of the payments, Poland should carry out ex ante checks.

(17) In order to ensure an immediate implementation of the measures laid down in this Regulation by Poland, this Regulation should enter into force on the third day following that of its publication in the Official Journal of the European Union.

(18) The measures provided for in this Regulation are in accordance with the opinion of the Committee for the Common Organisation of the Agricultural Markets,

HAS ADOPTED THIS REGULATION:

Article 1

The Union shall provide part-financing equivalent to 50 % of the expenditure borne by Poland to support the market of eggs and poultrymeat seriously affected by the 193 outbreaks of highly pathogenic avian influenza of subtype H5 which were detected and notified by Poland between 9 August 2021 and 3 August 2023.

Article 2

(a) for the duration of the application of animal health and veterinary measures referred to in the Union and Polish legislation listed in the Annex and related to the period laid down in Article 1; and

(b) for those poultry holdings that have been subject to the animal health and veterinary measures and located in the zones referred to in the Union and Polish legislation listed in the Annex (‘the regulated zones’); and

(c) if it has been paid by Poland to the beneficiaries by 28 February 2026 at the latest; and

(d) if the animal or product, for the period referred to in point (a), has not benefitted from any compensation by means of state aid or insurance and for which no Union financial contribution has been received under Delegated Regulation (EU) 2021/690.

Article 3

Article 4

Poland shall carry out administrative and on-the-spot checks in accordance with Articles 59 and 60 of Regulation (EU) 2021/2116 of the European Parliament and of the Council (37).

In particular, Poland shall verify:

(a) the eligibility of the applicant submitting the request for support;

(b) for each eligible applicant: the eligibility, the quantity and the value of the actual loss of production;

(c) that funding has not been received by any eligible applicant from any other sources to compensate the losses referred to in Article 2 of this Regulation.

Aid can be paid to eligible applicants whose administrative checks are completed, without waiting for all the on-the-spot checks to be performed on selected applicants. Nevertheless, all on-the-spot checks shall be made not later than six months after the payments.

In cases where the eligibility of an applicant is not confirmed, the aid shall be recovered and sanctions applied in accordance with Article 59(1) of Regulation (EU) 2021/2116.

Article 5

For the purposes of Article 30(3) of Delegated Regulation (EU) 2022/127, the operative event for the exchange rate as regards the amounts set out in Article 3 of this Regulation shall be the date of entry into force of this Regulation.

Article 6

This Regulation shall enter into force on the third day following that of its publication in the Official Journal of the European Union.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, 24 July 2025.

For the Commission The President Ursula VON DER LEYEN

(1) OJ L 347, 20.12.2013, p. 671, ELI: http://data.europa.eu/eli/reg/2013/1308/oj.

(2) Regulation (EU) 2016/429 of the European Parliament and of the Council of 9 March 2016 on transmissible animal diseases and amending and repealing certain acts in the area of animal health (‘Animal Health Law’) (OJ L 84, 31.3.2016, p. 1, ELI: http://data.europa.eu/eli/reg/2016/429/oj).

(3) Commission Delegated Regulation (EU) 2020/687 of 17 December 2019 supplementing Regulation (EU) 2016/429 of the European Parliament and the Council, as regards rules for the prevention and control of certain listed diseases (OJ L 174, 3.6.2020, p. 64, ELI: http://data.europa.eu/eli/reg_del/2020/687/oj).

(4) Commission Implementing Decision (EU) 2021/1395 of 20 August 2021 amending the Annex to Implementing Decision (EU) 2021/641 concerning emergency measures in relation to outbreaks of highly pathogenic avian influenza in certain Member States (OJ L 300, 24.8.2021, p. 70, ELI: http://data.europa.eu/eli/dec_impl/2021/1395/oj).

(5) Commission Implementing Decision (EU) 2021/1982 of 12 November 2021 amending the Annex to Implementing Decision (EU) 2021/641 concerning emergency measures in relation to outbreaks of highly pathogenic avian influenza in certain Member States (OJ L 403, 15.11.2021, p. 1, ELI: http://data.europa.eu/eli/dec_impl/2021/1982/oj).

(6) Commission Implementing Decision (EU) 2021/2100 of 29 November 2021 amending Implementing Decision (EU) 2021/641 concerning emergency measures in relation to outbreaks of highly pathogenic avian influenza in certain Member States (OJ L 428, 30.11.2021, p. 3, ELI: http://data.europa.eu/eli/dec_impl/2021/2100/oj).

(7) Commission Implementing Decision (EU) 2021/2186 of 9 December 2021 amending the Annex to Implementing Decision (EU) 2021/641 concerning emergency measures in relation to outbreaks of highly pathogenic avian influenza in certain Member States (OJ L 444, 10.12.2021, p. 110, ELI: http://data.europa.eu/eli/dec_impl/2021/2186/oj).

(8) Commission Implementing Decision (EU) 2021/2310 of 21 December 2021 amending the Annex to Implementing Decision (EU) 2021/641 concerning emergency measures in relation to outbreaks of highly pathogenic avian influenza in certain Member States (OJ L 461 I, 27.12.2021, p. 1, ELI: http://data.europa.eu/eli/dec_impl/2021/2310/oj).

(9) Commission Implementing Decision (EU) 2022/53 of 11 January 2022 amending the Annex to Implementing Decision (EU) 2021/641 concerning emergency measures in relation to outbreaks of highly pathogenic avian influenza in certain Member States (OJ L 9, 14.1.2022, p. 44, ELI: http://data.europa.eu/eli/dec_impl/2022/53/oj).

(10) Commission Implementing Decision (EU) 2022/106 of 21 January 2022 amending the Annex to Implementing Decision (EU) 2021/641 concerning emergency measures in relation to outbreaks of highly pathogenic avian influenza in certain Member States (OJ L 18, 27.1.2022, p. 11, ELI: http://data.europa.eu/eli/dec_impl/2022/106/oj).

(11) Commission Implementing Decision (EU) 2022/145 of 31 January 2022 amending the Annex to Implementing Decision (EU) 2021/641 concerning emergency measures in relation to outbreaks of highly pathogenic avian influenza in certain Member States (OJ L 24, 3.2.2022, p. 6, ELI: http://data.europa.eu/eli/dec_impl/2022/145/oj).

(12) Commission Implementing Decision (EU) 2022/198 of 9 February 2022 amending the Annex to Implementing Decision (EU) 2021/641 concerning emergency measures in relation to outbreaks of highly pathogenic avian influenza in certain Member States (OJ L 31, 14.2.2022, p. 56, ELI: http://data.europa.eu/eli/dec_impl/2022/198/oj).

(13) Commission Implementing Decision (EU) 2022/257 of 21 February 2022 amending the Annex to Implementing Decision (EU) 2021/641 concerning emergency measures in relation to outbreaks of highly pathogenic avian influenza in certain Member States (OJ L 42, 23.2.2022, p. 9, ELI: http://data.europa.eu/eli/dec_impl/2022/257/oj).

(14) Commission Implementing Decision (EU) 2022/349 of 28 February 2022 amending the Annex to Implementing Decision (EU) 2021/641 concerning emergency measures in relation to outbreaks of highly pathogenic avian influenza in certain Member States (OJ L 64, 2.3.2022, p. 60, ELI: http://data.europa.eu/eli/dec_impl/2022/349/oj).

(15) Commission Implementing Decision (EU) 2022/417 of 8 March 2022 amending the Annex to Implementing Decision (EU) 2021/641 concerning emergency measures in relation to outbreaks of highly pathogenic avian influenza in certain Member States (OJ L 85, 14.3.2022, p. 42, ELI: http://data.europa.eu/eli/dec_impl/2022/417/oj).