Commission Implementing Regulation (EU) 2026/2205

Contents

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^note, and in particular Article 220(1), first subparagraph, point (a), thereof,Whereas:

(1)Between 22 September 2022 and 24 May 2023, between 13 November 2023 and 30 March 2024, and between 29 September 2024 and 1 March 2025, Italy confirmed 103 outbreaks of highly pathogenic avian influenza of subtype H5 and notified them to the Commission. The species affected are broilers, laying hens, turkeys, ducks, Guinea fowls and geese.

(2)Italy 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^note, and Commission Delegated Regulation (EU) 2020/687^note.

(3)In particular, Italy took control, monitoring and preventive measures and established protection and surveillance zones (‘the regulated zones’) pursuant to Commission Implementing Decisions (EU) 2023/2695^note, (EU) 2023/2778^note, (EU) 2023/2913^note, (EU) 2024/759^note, (EU) 2024/852^note, (EU) 2024/963^note, (EU) 2024/2681^note, (EU) 2024/2743^note, (EU) 2024/2833^note, (EU) 2024/2917^note, (EU) 2024/3039^note, (EU) 2024/3142^note, (EU) 2024/3235^note, (EU) 2025/84^note, (EU) 2025/124^note, (EU) 2025/185^note, (EU) 2025/270^note, (EU) 2025/321^note, (EU) 2025/423^note, and (EU) 2025/449^note.

(4)Italy informed the Commission that the necessary health and veterinary measures applied to eradicate the disease had affected a large number of operators in the regulated zones and that those operators suffered income losses not eligible for Union financial contribution under Regulation (EU) 2021/690 of the European Parliament and of the Council^note.

(5)On 22 May 2026, the Commission received a formal request from Italy for part-financing of certain exceptional measures pursuant to Article 220(3) of Regulation (EU) No 1308/2013 for the economic damage due to the restrictions to control the disease in regulated zones. The Italian authorities documented such request with data and explanations of the measures applied.

(6)As a result of 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, but also to losses due to destroyed and downgraded eggs and meat.

(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 Italy for the 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 scrutinising the request received from Italy related to confirmed outbreaks occurring between 22 September 2022 and 24 May 2023, between 13 November 2023 and 30 March 2024, and between 29 September 2024 and 1 March 2025.

(8)To avoid any risk of overcompensation, the 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 of losses (prolonged fallowing periods, shortening of the production cycle, prolonged rearing and fattening periods, loss of value of animals and hatching eggs, loss of value of eggs).

(9)To avoid any risk of double funding, losses suffered should not have been compensated by State aid measures or via an 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 Italian legislation relevant to the 103 confirmed outbreaks of highly pathogenic avian influenza of subtype H5 occurring between 22 September 2022 and 24 May 2023, between 13 November 2023 and 30 March 2024, and between 29 September 2024 and 1 March 2025.

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

(12)In order to ensure the effectiveness of this exceptional measure, the 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 should be ensured, thereby maximising its availability and enhancing the capacity to respond promptly to emerging crises. Therefore, it is appropriate to define an eligibility period for Member States to pay this support to the beneficiaries. Any payments made after a specific end date should be considered ineligible for Union financing.

(13)The Union should therefore finance the expenditure incurred by Italy under these exceptional market support measures only where such expenditure is made by a certain eligibility end date. The support for this exceptional measure should therefore be paid by 31 May 2027.

(14)As no payments made after 31 May 2027 should be considered eligible under any circumstances, Article 5(2) of Commission Delegated Regulation (EU) 2022/127^note, which provides for a proportional reduction of the monthly payments effected after the deadline, should not apply.

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

(16)To allow the Union to perform a financial control, Italy should communicate to the Commission the clearance of payments.

(17)In order to ensure an immediate implementation of the measures laid down in this Regulation by Italy, 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: