Commission Implementing Regulation (EU) 2025/1145 of 10 June 2025 on exceptional support measures for the milk and pigmeat sectors in Germany
Date: 2025-06-10
Institutions: Directorate-General for Agriculture and Rural Development, European Commission
Subjects: Brandenburg, Germany, aid to agriculture, eligibility criteria, emergency aid, financial loss, foot-and-mouth disease, milk, pigmeat, trade restriction




L_202501145EN.000101.fmx.xml












Official Journal of the European Union


EN
L series













2025/1145


11.6.2025







            COMMISSION IMPLEMENTING REGULATION (EU) 2025/1145
of 10 June 2025
         
on exceptional support measures for the milk and pigmeat sectors in Germany


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)


On 10 January 2025, an outbreak of foot and mouth disease (‘the outbreak’) in the federal State of Brandenburg was confirmed and notified by Germany. The species affected were water buffaloes (bovine animals of the species Bubalus bubalis).












(2)


Germany 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, Germany took control, monitoring and preventive measures and established protection and surveillance zones (‘the regulated zones’) pursuant to Commission Implementing Decisions (EU) 2025/87 (4), (EU) 2025/186 (5) and (EU) 2025/323 (6).












(4)


Furthermore, with a view to preventing the spread of foot and mouth disease and in order to prevent any further disturbance of trade within Germany and abroad, Germany implemented some additional preventive measures in the regulated zones concerned. In particular, the federal state of Brandenburg issued a general ban (‘stand still’) on the movement, in its territory, of bovine, porcine, ovine, caprine and camelid animals, from 10 to 17 January 2025.












(5)


Germany 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 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 (7).












(6)


On 28 February 2025, the Commission received a formal request from Germany for part-financing of certain exceptional measures pursuant to Article 220(3) of Regulation (EU) No 1308/2013 for the outbreak of 10 January 2025.












(7)


The implementation of the animal health and veterinary measures referred to in recitals 3 and 4, led to a loss of raw milk produced that could not be delivered due to movement restrictions and the loss of value of fattening pigs that could not be slaughtered at normal commercial weight for the same reasons.












(8)


In accordance with Article 220(5) of Regulation (EU) No 1308/2013, the Union part-financing has to be equivalent to 60 % of the expenditure borne by Germany 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 scrutinising the request received from Germany related to the outbreak.












(9)


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 a maximum of animals and for kilogram of raw milk.












(10)


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.












(11)


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 raw milk and pigmeat from the holdings located in the regulated zones and for the duration of the animal health and veterinary measures laid down in the Union and German legislation relevant to the outbreak.












(12)


To ensure flexibility in case the number of animals and amount of product 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.












(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 for Member States 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 Germany 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 30 November 2025.












(15)


As no payments made after 30 November 2025 are to be considered eligible under any circumstances, Article 5(2) of Commission Delegated Regulation (EU) 2022/127 (8), 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, Germany should carry out ex ante checks.












(17)


In order to ensure an immediate implementation of the measures laid down in this Regulation by Germany, 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 60 % of the expenditure borne by Germany to support the milk and pigmeat market seriously affected by the outbreak of foot and mouth disease which was detected and notified by Germany on 10 January 2025.


Article 2

1.   Expenditure borne by Germany shall be eligible for Union part-financing only:






(a)


for the duration of the application of animal health and veterinary measures referred to in the Union and German legislation listed in the Annex and related to the outbreak occurred on 10 January 2025; and










(b)


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










(c)


if it has been paid by Germany to the beneficiaries by 30 November 2025 at the latest; and










(d)


if the animal or product, for the period linked to the outbreak 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 Germany after 30 November 2025 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 4 769 278, detailed as follows:






(a)


for losses related to non-delivered raw milk produced in holdings in the regulated zones, up to a maximum of 1 574 640 kilograms of milk falling within CN code 0401 20 99 ;










(b)


for losses related to the prolonged rearing and fattening periods of pigs in the regulated zones, up to a maximum of 120 000 pigs falling within CN code 0103 92 19 .






2.   Where the amount of raw milk or the number of animals eligible for compensation exceeds the maximum number of kilograms of raw milk or 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
Germany 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 (9).
In particular, Germany 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.




For eligible applicants for which administrative checks are completed, aid can be paid without waiting for all checks being made, notably those on applicants selected for on-the-spot checks. Nevertheless, all the on-the-spot checks shall be made not later than six months after the payments.
In cases where the eligibility of an applicant was not confirmed, the aid shall be recovered and sanctions applied in accordance with Article 59(1) of Regulation (EU) 2021/2116.


Article 5
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, 10 June 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) 2025/87 of 13 January 2025 concerning certain interim emergency measures relating to foot and mouth disease in Germany (OJ L, 2025/87, 14.1.2025, ELI: http://data.europa.eu/eli/dec_impl/2025/87/oj).

(5)  Commission Implementing Decision (EU) 2025/186 of 24 January 2025 concerning certain emergency measures relating to foot and mouth disease in Germany and repealing Implementing Decision (EU) 2025/87 (OJ L, 2025/186, 28.1.2025, ELI: http://data.europa.eu/eli/dec_impl/2025/186/oj).

(6)  Commission Implementing Decision (EU) 2025/323 of 11 February 2025 concerning certain emergency measures relating to foot and mouth disease in Germany and repealing Implementing Decision (EU) 2025/186 (OJ L, 2025/323, 12.2.2025, ELI: http://data.europa.eu/eli/dec_impl/2025/323/oj).

(7)  Regulation (EU) 2021/690 of the European Parliament and of the Council of 28 April 2021 establishing a programme for the internal market, competitiveness of enterprises, including small and medium-sized enterprises, the area of plants, animals, food and feed, and European statistics (Single Market Programme) and repealing Regulations (EU) No 99/2013, (EU) No 1287/2013, (EU) No 254/2014 and (EU) No 652/2014 (OJ L 153, 3.5.2021, p. 1, ELI: http://data.europa.eu/eli/reg/2021/690/oj).

(8)  Commission Delegated Regulation (EU) 2022/127 of 7 December 2021 supplementing Regulation (EU) 2021/2116 of the European Parliament and of the Council with rules on paying agencies and other bodies, financial management, clearance of accounts, securities and use of euro (OJ L 20, 31.1.2022, p. 95, ELI: http://data.europa.eu/eli/reg_del/2022/127/oj).

(9)  Regulation (EU) 2021/2116 of the European Parliament and of the Council of 2 December 2021 on the financing, management and monitoring of the common agricultural policy and repealing Regulation (EU) No 1306/2013 (OJ L 435, 6.12.2021, p. 187, ELI: http://data.europa.eu/eli/reg/2021/2116/oj).




ANNEX
List of the Union and German legislation referred to in Article 2(1) listing the regulated zones and periods
Parts of Germany and periods established in accordance with Regulation (EU) 2016/429, Delegated Regulation (EU) 2020/687 and German legislation, and defined in:






—


Implementing Decision (EU) 2025/87;










—


Implementing Decision (EU) 2025/186;










—


Implementing Decision (EU) 2025/323;










—


Ordinance of the Ministry of Agriculture, Food, Environment and Consumer Protection of the state of Brandenburg on protection against the spread of foot-and-mouth disease of 10 January 2025 (GVBl.II/25, [No 2]), as last amended by Ordinance of 15 January 2025 (GVBl.II/25, [No 4].







ELI: http://data.europa.eu/eli/reg_impl/2025/1145/oj
ISSN 1977-0677 (electronic edition)