Key Benefits:
The Minister of Agriculture and Fisheries and the Minister Delegate to the Budget and State Reform, Government Spokesperson,
Seen Council Regulation (EC) No 1788/2003 of 29 September 2003 establishing a levy in the milk and milk products sector;
Having regard to Commission Regulation (EC) No 595/2004 of 30 March 2004 laying down detailed rules for the application of the Regulation (EC) No 1788/2003 establishing a levy in the milk and milk products sector;
Having regard to Regulation (EC) No 852/2004 of the European Parliament and of the Council of 29 April 2004 on the hygiene of foodstuffs;
Having regard to Regulation (EC) No 853/2004 of the European Parliament and of the Council of 29 April 2004 laying down specific hygiene rules for foodstuffs of animal origin;
In view of the Penal Code, in particular Article 441-6;
Given the Code Rural, including article D. 654-88-1;
Given the general code of territorial communities;
In view of the advice of the Board of Directors of ONILAIT as of December 15, 2005,
Stop:
The national scheme for granting compensation for the total or partial abandonment of milk production is suspended For the 2005-2006 dairy year.
A device for granting compensation for the total or partial abandonment of production Milk may be implemented at regional or departmental level for the 2005-2006 milk year.
The implementation of this measure is defined, in accordance with this Order, by prefectoral decree, taken after the opinion of the committee Department or, in the case of a region, the departments concerned.
Any producer, as defined in Article 5 (c) of Regulation (EC) No 1788/2003 referred to above, having the right to a reference quantity on the date of submission of his application pursuant to Articles D. 654-39 to D. 654-100 of the Rural Code and Having delivered and/or marketed milk or milk products since the first day of the dairy year may apply for compensation for the definitive abandonment of all or part of the milk production if a device for the granting of a milk or milk product Compensation for the abandonment of milk production shall be in place in the department or region in which the head office is located.
The right to benefit from this allowance shall be open within the limits of the financing of the territorial authorities, of the dairy interprofession defined by the provisions of the Rural Code, of the National Office
the context of the financing referred to in the first subparagraph of this Article, purchasers may only intervene if certain of the Of their deliverymen on the first day of the milk campaign fall into one of the following categories:
-the young farmers who meet the conditions laid down in Articles R. 343-3 to R. 343-19 of the Rural Code relating to aid to The installation of young farmers who settled after April 1, 1984 and before November 1, 1988;
-producers with a development plan or physical improvement plan referred to in Order No. 85-1144 of 30 October 1985 and having made their plan approved after 1 April 1984 and before 1 November 1988,
and which will not be able to receive an additional reference quantity within the limit of Their needs. The quantity that each buyer is authorised to finance is capped at the necessary bedding, as determined by the livestock office.
Funding from local authorities, the dairy profession and the buyers, or Affineurs are set up in the framework of the conventions with the State and are paid to the livestock office. These agreements must be signed before 1 February 2006.
The Livestock Office may participate in the financing of the agreements concluded with the purchasers, by means of the sums cashed in accordance with Article L. 654-32 of the Rural Code. As a result of controls; however, this funding cannot exceed 50 % of the budget of each convention.
The amounts of reference compensated on the financing of local authorities, the dairy profession and the purchasers are Rate set out in Article 5 and shall be accounted for separately.
The amount of the allowance shall be calculated by operation on the Basis of the producer's reference quantity for dairies and/or direct sales, by application of the following scale:
-0.15 per litre within the limit of 100 000 litres;
-0.08 per litre of 100 001 to 150 000 litres ;
-0.05 per litre of 150 001 to 200 000 litres;
-0.01 per litre above 200 000 litres.
Additional reference quantities, granted on the basis of Articles D. 654-72 to D. 654-74 of the Rural Code, are excluded from the The basis for calculating the allowance.
In the event of partial abandonment of production, the additional reference quantities excluded from the basis of the allowance shall be assessed in proportion to those additional quantities, referred to above, in The whole reference.
The basis for calculating the compensation referred to in the first subparagraph shall be adapted to take account of current land transfers or whose effective date is earlier than the date of filing of the application.
The producer addresses or files his application with the prefect of the head office of his operation, at the latest on 31 January 2006.
Producer commits:
-not to withdraw its request;
-not to change buyer to Notification of the award decision;
-not to make use of the provisions set out in Article 17 of Regulation (EC) No 1788/2003 referred to above and to make no land transfer until the date of the award decision Compensation.
In the event that its application is accepted, the producer requesting a total abandonment indemnity is also committed to:
-permanently and completely ceasing to deliver and market milk and milk products At the latest on 31 March 2006;
-to waive any right to a reference quantity under the scheme laid down in Regulation (EC) No 1788/2003 referred to above.
In the event that its application is accepted, the producer who requested a Compensation for partial abandonment will no longer be available for partial abandonment in the future. If it requests and obtains, in the course of a subsequent campaign, compensation for total abandonment, the scale provided for in Article 5 of this Decree shall be applied to it, taking into account the quantities already compensated in respect of partial
. Where an act which induces the expiry of the lease occurred prior to the filing of the application, the lessee may be assigned this compensation if the owners of the land and, where applicable, the future operators, when they are known to the Made commitments entered into on the date of filing of the application, agree in writing.
When the producer manages several production units, the milk production activity, the amounts compensable and the undertakings are At the level of all these production units. For farming groups in common, the provisions of Article L. 323-13 of the Rural Code are applied.
The prefect acknowledges receipt of the request.
It examines and decides on its admissibility at the glance:
-from the date it was sent or deposited to the departmental branch of agriculture and the forest;
-compliance by the
It shall notify the applicants concerned directly of the findings of inadmissibility within the meaning of the paragraph above.
It shall forward the admissible applications to the livestock office.
If the number of requests exceeds available funding, they will be accepted by holding:
-first, the Applications submitted by producers whose compensation reference quantity does not exceed 100 000 litres and whose deliveries do not meet the standards adopted for the application of Regulation (EC) No 852/2004 of the European Parliament and of the Council Of 29 April 2004 on the hygiene of foodstuffs, of Regulation (EC) No 853/2004 of the European Parliament and of the Council of 29 April 2004 laying down the specific hygiene rules applicable to foodstuffs of animal origin, and of Texts taken for their application;
-second, total abandonment applications submitted by producers whose compensation reference quantity does not exceed 100 000 litres;
-third, producers whose quantity Compensable reference is greater than 100 000 litres and whose deliveries do not meet the standards adopted for the application of Regulations No 852/2004 and 853/2004 mentioned above;
-last, producers not returning to any The above categories,
and, in all cases, in the ascending order of the compensable reference quantities or, in the case of equality thereof, the overall reference quantities of the applicants.
Exceptionally, the requests for Producers who are forced to cease their activity during the campaign for a case of force majeure calling into question the proper functioning of their operations may, on the proposal of the prefect, be considered as priorities in relation to the Other applications, after the opinion of the Departmental Agriculture Guidance Committee.
These proposals should be based on circumstantial evidence, justifying the specific situation of these producers
Of this Article, deliveries not meeting the standards adopted for the application of Regulations No 852/2004 and 853/2004 shall be assessed taking into account the results of at least two periods of analysis during the current campaign And the one preceding the request. These periods of analysis are not necessarily consecutive.
These same criteria are applied to applications eligible for funding from the territorial authorities, the dairy interprofession, purchasers or refiners mentioned in the Article 4.
The Director of the Livestock Office shall decide on the award of compensation to the beneficiary, on Proposal by the Prefect.
It shall notify, under the cover of the Prefect, the award or refusal of compensation to the applicant, before 1 March of the campaign in respect of which the application has been submitted.
The Prefect communicates to the Commission A report on the implementation of cessation aid in the countryside.
For the delivery activity, the realization of the commitments of the producers referred to in Article 7 is attested by the buyer (s), who communicate to the livestock office, under the cover of the prefect of the department where the seat is located The applicant's operation:
-the certificate of cessation of delivery within 30 days after the date of such termination; or
-the notification by the purchaser to the producer of the reference quantity in respect of the campaign In progress and the new reference quantity for the following campaign showing the count of quantities definitively abandoned.
For direct sales activity, fulfillment of the commitments of the seller producers Article 7 shall be attested by the supply by the producer to the Office of the raising of a declaration of termination of direct sales within 30 days of the date of such cessation.
Liquidation and payment of the allowance is provided by the Livestock Office. It controls the evidence to verify the producer commitments referred to in section 7.
The allowance is paid on a one-time basis.
Where the beneficiary has applied for compensation for total abandonment, the decision to award the allowance shall result in the cancellation of the operation and the allocation to the national reserve of the reference quantities to the
Where the beneficiary has applied for a partial abandonment award, the award decision shall result in the cancellation of the operation and the allocation to the national reserve of The portion of the reference quantity for shipments and/or direct sales for which the allowance is requested.
The Livestock Office controls on-site compliance with the commitments referred to in section 7, the sincerity and accuracy of the statements made, and the exhibits filed in support of the claim.
In the event of a false declaration, or if the beneficiary does not meet its commitments, it will be required to pay back to The livestock office shall be unduly charged, plus interest at the legal rate calculated from the payment of such sums, without prejudice to the penalties provided for in Article 441-6, paragraph 2, of the Penal Code.
The Director of Economic and International Policy and the Director of Financial and Logistics Affairs at the Ministry of Agriculture and And the Director of the Budget in the Ministry of Budget and State Reform shall each have responsibility for the execution of this Order, which shall be published in the Official Journal of the French Republic.
Done at Paris, March 21, 2006.
Minister of Agriculture and Fisheries,
Dominique Bussereau
The Minister delegated to the
Budget and to the reform of Government,
Government Spokesperson,
Jean-François Copé
