This is an extract from a recent report “Agrisolar Policy Map” published by SolarPower Europe.

Overview of enabling policies for Agri-PV across Member States

Legal definitions of Agri-PV across EU Member States

In 5 out of 18 Member States, a legal definition of Agri-PV has been introduced. Spain is currently in the process of introducing a legal definition 

Land use, zoning & permitting 

In 10 out of 18 MS, Agri-PV systems are permitted under current land use and zoning regulations, allowing installations on agricultural land. However, most of these countries do not yet have specific policies regulating dual-use aspects of such systems. Hungary and the Netherlands do not yet recognise Agri-PV systems as dual land use solutions whereas in Slovenia a new regulation is underway. 

Although many Member States acknowledge the dual use of land, various restrictions on Agri-PV development still exist. These may include limitations on system size or prohibitions on installing Agri-PV systems in specific land areas. In Germany, a simplified permitting process applies specifically to Agri-PV projects for systems up to 2.5 ha. On the other hand, France and Italy do not have simplified processes for Agri-PV projects. Instead, these projects are subject to a specific permitting process, which often leads to longer approval timelines and can delay project commissioning.

In France, legislation requires the involvement of stakeholder groups (such as farmers) as a condition for obtaining an Agri-PV permit. In Germany, Agri-PV projects may qualify as privileged installations under §35 of the Federal Building Code (BauGB) if certain conditions are met. This status simplifies the permitting process for systems up to 2.5 hectares, allowing approval outside designated building zones provided they align with agricultural use and do not conflict with public interests such as nature conservation.

Dedicated support schemes that recognise Agri-PV

In 4 MS, Agri-PV projects are eligible for CAP direct payments, while in Italy eligibility may be granted under certain conditions. In Denmark, Hungary, and Spain eligibility is pending. In 6 MS no clarification on CAP eligibility has been provided, and in Greece it remains unclear if farmers can continue receiving direct payments when engaging in Agri-PV projects. Only 3 countries have introduced a dedicated energy support scheme for Agri-PV and in Czechia a new subsidy call is underway. 

In France, the French Energy Regulatory Commission (CRE) organises periodic auctions to support Agri-PV development. These auctions are divided into two categories: elevated systems (>4 m, <10 MW) and interspaced systems (<4 m, >10 MW), with a total annual capacity cap of approximately 600 MW. In Czechia, a new subsidy call is expected under the Modernisation Fund, offering investment support. 

In Spain, there are no specific public subsidy schemes for Agri-PV. However, under the Recovery, Transformation, and Resilience Plan (PRTR) funded by the Next Generation EU programme, State Aid is provided to promote Agri-PV development. This call will fund 60 projects for a capacity of 60 MW. To qualify, projects must meet specific requirements related to agricultural yield, innovation, and environmental as well as economic benefits.

In Germany, adopted in spring 2024, Solarpaket 1 introduces dedicated auctions and enhanced support to accelerate special PV applications such as AgriPV, floating PV, etc. These systems receive preferential treatment with capacity targets of up to 800 MW (2025) and 1,200 MW (2026). Implementation is pending European Commission approval under State Aid rules, leaving many Agri-PV projects on hold until confirmation. However, Agri-PV projects not awarded in this dedicated auction segment may still compete in the regular ground-mounted PV auctions. 

Technical requirements for Agri-PV

In most assessed MS, there are no specific legal limits on Ground Coverage Ration (GCR) except in France and Slovenia. In Spain, technical rules are under preparation and will be implemented once the Royal Decree regulating Agri-PV eligibility for CAP, is finalised and enters into force. Five MS have introduced height and spacing requirements for Agri-PV systems, while five countries have introduced policies that encourage specific PV configurations (elevated, tracking, vertical, etc.)  To date, only France, Italy and Germany differentiates policy based on project size.

In France, the scheme involves a 10 MW threshold, with simplified permitting procedures below this level, whereas in Czechia, Germany and Italy, accelerated authorisation procedures apply to projects under 1 MW and 50 kW projects. In addition, several countries have introduced specific requirements related to agricultural and land productivity. In Italy, Agri-PV projects must minimise the land area dedicated to solar infrastructure in order to preserve agricultural activity, with at least 70% of the land required to remain under cultivation. In France and Germany, policies stipulate that Agri-PV systems must maintain a minimum of 90% and 66% of agricultural yields, respectively.  

Some countries, such as France, have introduced mandatory monitoring requirements for agricultural production. The French Agency for Ecological Transition (ADEME) maintains a list of “proven technologies” based on PV configuration, soil, climate, and crop type. Projects using non-proven technologies must establish a control zone next to the Agri-PV site and monitor agricultural yields in both areas.

In Italy, according to the Environmental Ministry’s guidelines, Agri-PV installations can adopt three configurations: elevated, vertical, and interspace. However, national and regional regulations generally discourage interspace systems, and it is unclear if non-elevated installations are banned under the 2024 Agriculture Decree. The guidelines require minimum criteria for the ‘agrivoltaic’ definition, such as 70% of surface area is kept available for agricultural activity and max. 40% PV coverage. 

In France, requirements include 40% GCR for projects above 10 MW. The auction system differentiates installations by height, with 4 m at torque tube level as the threshold. A 10% land loss limit applies, affecting the spacing of structures. Additionally, many local authorities publish guides recommending specific technical rules.

Environmental and social requirements for Agri-PV

When assessing environmental and social measures for Agri-PV, most MS have not implemented specific provisions.  In most assessed MS, there are no specific measures for stakeholder engagement in Agri-PV projects. In countries such as Germany, Italy, the Netherlands, and Spain, relevant authorities and stakeholders must be consulted during the permitting procedures. In contrast, Belgium, Italy and France have more detailed criteria to involve farmers directly in Agri-PV projects.  

Only three MS, including Belgium, Italy and the Netherlands have specific conditions for community engagement. To date, only Catalonia (Spain) has incorporated job creation or rural employment targets in Agri-PV policy frameworks. However, the targets are not applied at the national level.  Likewise, when assessing environmental requirements, only three countries have introduced specific measures; notably, the Netherlands and Italy have implemented requirements aimed at enhancing biodiversity for Agri-PV projects.

In Belgium, a guidance document mentions that Agri-PV can be accepted only when these projects are operated and owned by the farmers. In Italy, agricultural enterprises or associations must use their own land for Agri-PV projects while maintaining their main agricultural activity, either individually or via partnerships with energy companies that supply electricity for their production. In addition, to access PNRR funds, farmers must co-own the proposed projects to be eligible for funding. In France, the farmer must be formally linked to the project through a contract, for which an official template exists. If the farmer withdraws, the PV developer has 18 months to secure a replacement.

Key policy proposals: To unlock agrisolar potential in the EU

European Commission should develop an EU-wide definition and support MS in defining the agrisolar on the national level. Providing a clear definition of agrisolar, which refers to the dual use of land concept, is critical to ensure clarity for farmers, developers and authorities. 

European Commission should clarify the definition of eligible agricultural areas to facilitate the development of AgriPV projects in the upcoming revision of the CAP. Direct payments, which are the primary form of financial support provided to farmers under the CAP, are designed to stabilise farmers’ incomes. However, only eight MS have so far clarified the rules governing CAP eligibility for farmers who install Agri-PV systems on their agricultural lands. 

European Commission should introduce a specific eco-scheme for agrisolar under the Common Agriculture Policy (CAP). Eco-schemes are voluntary annual payments that reward farmers who adapt practices that benefit the climate, landscapes, environment, and animal welfare. Each MS defines specific eco-scheme measures in its National CAP Strategic Plan. Developing a specific agrisolar eco-scheme is important to incentivise farmers by remunerating them for implementing sustainable practices on their agricultural lands. 

The NextGeneration EU funds, allocated to the European Investment Bank (EIB) and national public banks, should support the de-risking of innovative renewable projects, including agrisolar. The EIB should establish a guarantee programme to mitigate the default risk faced by stakeholders involved in agrisolar projects. This programme would act as a key financial de-risking instrument, encouraging greater investment in agrisolar development.

European Commission should support and recognise integration of agrisolar into nature restoration and carbon farming schemes. When properly designed, agrisolar projects can support nature restoration, topsoil regeneration and biodiversity enhancements, playing a strategic role in helping the agriculture sector meet its carbon and environmental obligations. Temporary nature conservation and carbon farming measures should be recognised as non-productive agricultural activities. 

Access the report here