Date: 2025-09-09Category: Not ApplicableState: Union GovernmentCountry: Europe
Commission Implementing Regulation (EU) 2025/1796 of 8 September 2025 derogating in respect of the year 2025 from Article 44(2), second subparagraph, of Regulation (EU) 2021/2116 of the European Parliament and of the Council as regards the level of advance payments for interventions in the form of direct payments and area-based and animal-based rural development interventions
Issued by European Commission
· Directorate-General for Agriculture and Rural Development
Executive Summary:
Commission Implementing Regulation (EU) 2025/1796, dated 8 September 2025, allows Member States to increase advance payments for interventions in the form of direct payments and area-based and animal-based rural development interventions for the claim year 2025. This derogation from Regulation (EU) 2021/2116 addresses an emergency caused by a combination of adverse events impacting agricultural producers' liquidity. The regulation enters into force on the third day following its publication in the Official Journal of the European Union.
Key Points / Main Content:
Increased Advance Payment Rates (Claim Year 2025):
* Direct Payments: Member States can pay advances of up to 70% for direct payments under Title III, Chapter II, of Regulation (EU) 2021/2115, and for measures in Chapter IV of Regulations (EU) No 228/2013 and (EU) No 229/2013.
* Rural Development Interventions: Member States can pay advances of up to 85% for area-based and animal-based rural development interventions under Title III, Chapter IV, of Regulation (EU) 2021/2115.
Justification for Derogation:
* Exceptional Circumstances: The increased advance payments address an emergency stemming from the unilateral tariff increases imposed by the United States and the resulting trade tensions, the ongoing Russian invasion of Ukraine, the consequences of the conflicts in the Middle East, as well as extreme weather events.
* Liquidity Problems: Agricultural producers face liquidity problems due to these adverse events impacting the prices of agricultural inputs and commodities.
Legal Basis:
* Article 446 of Regulation (EU) 2021/2116 allows the Commission to adopt implementing acts derogating from Article 442 in the event of an emergency.
Entry into Force:
* The regulation enters into force on the third day following its publication in the Official Journal of the European Union.
Impact Analysis:
Member States:
Impact: Member States are enabled to provide higher advance payments to agricultural producers, addressing liquidity issues caused by adverse events.
Action Required: Member States may implement the increased advance payment rates for eligible interventions and measures for claim year 2025.
Agricultural Producers:
Impact: Agricultural producers may receive higher advance payments, alleviating liquidity constraints caused by increased input costs and market disruptions.
Action Required: Agricultural producers should liaise with their relevant national authorities to understand how these changes affect their payments.
European Commission:
Impact: The Commission is responsible for overseeing the implementation of this regulation and ensuring that Member States adhere to the provisions outlined.
Action Required: The Commission has already adopted and published the regulation. It should monitor the implementation and impact of the increased advance payments.
Key Entities Referenced
European Union: A political and economic union of member states located primarily in Europe.
European Commission: The executive branch of the European Union responsible for proposing legislation, implementing decisions, and managing the EU's day-to-day operations.
Regulation EU 2021/2116: A regulation of the European Parliament and of the Council on the financing, management and monitoring of the common agricultural policy.
Regulation EU 2021/2115: A regulation of the European Parliament and of the Council establishing rules on support for strategic plans to be drawn up by Member States under the common agricultural policy.
Common Agricultural Policy (CAP): A set of agricultural policies and measures implemented by the European Union.
Brussels: The de facto capital city of the European Union, located in Belgium. The location where the regulation was adopted.
United States: A country in North America whose tariff increases are mentioned as an adverse event impacting agricultural producers.
Ukraine: A country in Eastern Europe, the invasion of which by Russia is mentioned as an adverse event impacting agricultural producers.
Official Journal EN
of the European Union L series
2025/1796 9.9.2025
COMMISSION IMPLEMENTING REGULATION(EU) 2025/1796
of 8 September 2025
derogating in respect of the year 2025 from Article 44(2), second subparagraph, of Regulation
(EU) 2021/2116 of the European Parliament and of the Council as regards the level of advance
payments for interventions in the form of direct payments and area-based and animal-based rural
development interventions
THE EUROPEAN COMMISSION,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to 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(1), and in particular Article 44(6) thereof,
Whereas:
(1) Pursuant to Article 44(2), second subparagraph, point (a), of Regulation (EU) 2021/2116, from 16 October to 30
November, Member States may pay advances of up to 50 % for interventions in the form of direct payments and for
the measures referred to in Chapter IV of Regulation (EU) No 228/2013 of the European Parliament and of the
Council(2) and in Chapter IV of Regulation (EU) No 229/2013 of the European Parliament and of the Council(3).
Pursuant to Article 44(2), second subparagraph, point (b), of Regulation (EU) 2021/2116, prior to 1 December,
Member States may pay advances of up to 75 % for area-based and animal-based rural development interventions
under Regulation (EU) 2021/2115 of the European Parliament and of the Council(4).
(2) Pursuant to Article 44(6) of Regulation (EU) 2021/2116, upon request of a Member State, in the event of an
emergency, the Commission is to adopt, where appropriate, implementing acts derogating from Article 44(2) of that
Regulation to the extent and for such period as is strictly necessary.
(3) Following the Common Agricultural Policy Committee meeting of 12 June 2025, Member States requested to
derogate from Article 44(2) of Regulation (EU) 2021/2116 to enable them to pay increased advances in respect of
claim year 2025 to address an emergency that has arisen due to an exceptional combination of adverse events,
including the unilateral tariff increases imposed by the United States and the resulting trade tensions, the ongoing
Russian invasion of Ukraine, the consequences of the conflicts in the Middle East, as well as extreme weather events.
Member States confirmed that their agricultural producers face liquidity problems due to a combination of those
adverse events which impact the prices of agricultural inputs and commodities. The Member States requested the
Commission to adopt implementing acts to enable payment of increased advances for all interventions and measures
in respect of claim year 2025.
(4) The current trade tensions disrupting global supply chains impact the availability of agricultural inputs, drive up costs
and affect the economic viability of farmers. The decrease in competitiveness due to higher prices, coupled with the
need to find alternative markets, places an economic strain on farmers. The tariffs also contribute to broader
uncertainty in international trade relationships leading to market volatility conditions.
(1) OJ L 435, 6.12.2021, p. 187, ELI: http://data.europa.eu/eli/reg/2021/2116/oj.
(2) Regulation (EU) No 228/2013 of the European Parliament and of the Council of 13 March 2013 laying down specific measures for
agriculture in the outermost regions of the Union and repealing Council Regulation (EC) No 247/2006 (OJ L 78, 20.3.2013, p. 23,
ELI: http://data.europa.eu/eli/reg/2013/228/oj).
(3) Regulation (EU) No 229/2013 of the European Parliament and of the Council of 13 March 2013 laying down specific measures for
agriculture in favour of the smaller Aegean islands and repealing Council Regulation (EC) No 1405/2006 (OJ L 78, 20.3.2013, p. 41,
ELI: http://data.europa.eu/eli/reg/2013/229/oj).
(4) Regulation (EU) 2021/2115 of the European Parliament and of the Council of 2 December 2021 establishing rules on support for
strategic plans to be drawn up by Member States under the common agricultural policy (CAP Strategic Plans) and financed by the
European Agricultural Guarantee Fund (EAGF) and by the European Agricultural Fund for Rural Development (EAFRD) and repealing
Regulations (EU) No 1305/2013 and (EU) No 1307/2013 (OJ L 435, 6.12.2021, p. 1, ELI: http://data.europa.eu/eli/reg/2021/2115/oj).
ELI: http://data.europa.eu/eli/reg_impl/2025/1796/oj 1/2EN
OJ L, 9.9.2025
(5) The ongoing Russian invasion of Ukraine and the conflicts in the Middle East risk prolonging existing difficulties,
such as the disruption of global food supply chains and continuing upward pressure on input prices. These events
and uncertainties disrupt trade patterns and significantly impact agricultural commodity prices and agricultural
markets.
(6) Moreover, it is expected that recent adverse meteorological events in certain regions, such as recurring drought due to
severe water deficit, late frost, local excessive rainfall and floods have a negative impact on crop yields, adding
pressure to the agricultural sector.
(7) Due to these circumstances, considering that the adverse events impact prices of inputs and agricultural
commodities, Member States should be allowed to pay increased advances in respect of claim year 2025 to address
the liquidity problems that agricultural producers are likely to face throughout the Union.
(8) The measures provided for in this Regulation are in accordance with the opinion of the Committee on the
Agricultural Funds and the Common Agricultural Policy Committee,
HAS ADOPTED THIS REGULATION:
Article 1
1. By way of derogation from Article 44(2), second subparagraph, point (a), of Regulation (EU) 2021/2116, in respect of
claim year 2025, Member States may pay advances of up to 70 % for interventions in the form of direct payments under
Title III, Chapter II, of Regulation (EU) 2021/2115, and for the measures referred to in Chapter IV of Regulation (EU)
No 228/2013 and in Chapter IV of Regulation (EU) No 229/2013.
2. By way of derogation from Article 44(2), second subparagraph, point (b), of Regulation (EU) 2021/2116, in respect
of claim year 2025, Member States may pay advances of up to 85 % for the support granted under rural development
area-based and animal-based interventions under Title III, Chapter IV, of Regulation (EU) 2021/2115.
Article 2
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, 8 September 2025.
For the Commission
The President
Ursula VON DER LEYEN
2/2 ELI: http://data.europa.eu/eli/reg_impl/2025/1796/oj