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

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

1.

Expenditure borne by Poland shall be eligible for Union part-financing only:

  1. 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

  2. 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

  3. if it has been paid by Poland to the beneficiaries by 28 February 2026 at the latest; and

  4. 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.

2.

None of the expenditure paid by Poland after 28 February 2026 shall be eligible for Union financing, irrespective of the share of the expenditure it represents.

Article 3

1.

The maximum amount of Union part-financing shall be EUR 14 059 607, detailed as follows:

  1. for losses related to prolonged fallowing periods in the regulated zones, the following flat rates shall apply:

    1. EUR 0,011 per cage pullet per day falling within the CN code 0105 11 11 up to a maximum of 873 900 animals;

    2. EUR 0,033 per barn pullet per day falling within the CN code 0105 11 11 up to a maximum of 349 568 animals;

    3. EUR 0,030 per cage laying hen per day falling within the CN code 0105 94 00 up to a maximum of 1 706 344 animals;

    4. EUR 0,007 per barn laying hen per day falling within the CN code 0105 94 00 up to a maximum of 254 190 animals;

    5. EUR 0,008 per broiler per day falling within the CN code 0105 94 00 up to a maximum of 4 522 375 animals;

    6. EUR 0,003 per broiler farmed according to the conditions laid down in Annex V to Commission Regulation (EC) No 543/2008(36), per day falling within the CN code 0105 94 00 up to a maximum of 337 045 animals;

    7. EUR 0,060 per male turkey per day falling within the CN code 0105 99 30 up to a maximum of 266 078 animals;

    8. EUR 0,032 per female and male turkey mixed per day falling within the CN code 0105 99 30 up to a maximum of 467 641 animals;

    9. EUR 0,023 per female turkey per day falling within the CN code 0105 99 30 up to a maximum of 521 517 animals;

    10. EUR 0,023 per female turkey farmed according to the conditions laid down in Annex V to Regulation (EC) No 543/2008, per day falling within the CN code 0105 99 30 up to a maximum of 55 302 animals;

    11. EUR 0,011 per duck per day falling within the CN code 0105 99 10 up to a maximum of 1 271 454 animals;

    12. EUR 0,006 per duck farmed according to the conditions laid down in Annex V to Regulation (EC) No 543/2008, per day falling within the CN code 0105 99 10 up to a maximum of 411 800 animals;

    13. EUR 0,094 per free range laying goose per day falling within the CN code 0105 99 20 up to a maximum of 2 325 animals;

    14. EUR 0,048 per goose per day falling within the CN code 0105 99 20 up to a maximum of 27 473 animals;

    15. EUR 0,060 per goose farmed according to the conditions laid down in Annex V to Regulation (EC) No 543/2008, per day falling within the CN code 0105 99 20 up to a maximum of 2 853 animals;

    16. EUR 0,015 per barn broiler breeder per day falling within the CN code 0105 94 00 up to a maximum of 397 614 animals;

    17. EUR 0,026 per barn duck breeder per day falling within the CN code 0105 99 10 up to a maximum of 68 926 animals;

    18. EUR 0,118 per barn geese breeder per day falling within the CN code 0105 99 20 up to a maximum of 28 527 animals;

  2. for losses related to the prolonged rearing and fattening periods in the regulated zones, the following flat rates shall apply:

    1. EUR 0,004 per pullet per day falling within the CN code 0105 11 11 up to a maximum of 80 572 animals;

    2. EUR 0,011 per broiler per day falling within the CN code 0105 94 00 up to a maximum of 468 081 animals;

    3. EUR 0,013 per broiler farmed according to the conditions laid down in Annex V to Regulation (EC) No 543/2008, per day falling within the CN code 0105 94 00 up to a maximum of 112 506 animals;

    4. EUR 0,012 per male turkey per day falling within the CN code 0105 99 30 up to a maximum of 45 957 animals;

    5. EUR 0,032 per duck per day falling within the CN code 0105 99 10 up to a maximum of 21 313 animals.

2.

Where the number of animals eligible for compensation exceeds the maximum number of animals set out in paragraph 1, expenditure eligible for Union part-financing may be adjusted per item and go beyond the amounts resulting from the application of the maximum numbers per item, provided that the total of adjustments remains below 20 % of the maximum amount of expenditure part-financed by the Union referred to in paragraph 1.

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:

  1. the eligibility of the applicant submitting the request for support;

  2. for each eligible applicant: the eligibility, the quantity and the value of the actual loss of production;

  3. 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

Article 6

ANNEXList of the Union and Polish legislation referred to in Article 2(1) listing the regulated zones and periods