Key Benefits:
The Minister of the Economy Finance and Industry and the Minister of Agriculture, Food, Fisheries and Rural Affairs,
Given the Rural Code, Legislative Part, in particular Articles L. 221-1, L. 221-2 and L. 223-8;
In light of Decree No. 90-437 of 28 May 1990 laying down the conditions and rules for the settlement of the costs of the movement of civilian personnel on the metropolitan territory of France when they are in charge of state budgets, public establishments Administrative and certain subsidised bodies;
In view of the Decree of 18 March 1993 laying down various financial measures relating to the control of foot-and-mouth disease;
In view of the decree of 23 November 1994 laying down measures Technical and administrative procedures relating to foot-and-mouth disease;
In view of the Decree of 30 March 2001 laying down detailed rules for the estimation of slaughtered animals and destroyed foodstuffs and products on the order of the administration;
Seen the order of 27 August 2002 Fixing the financial measures relating to the fight against brucellosis of domestic and wild animals in animal husbandry;
In view of the opinion of the National Veterinary Committee (Advisory Committee on Health and Animal Welfare) of 18 September 2003,
Stop:
The second paragraph of Article 1 of the decree of 30 March 2001 is Replaced with:
" The replacement value shall include the objective market value of each animal concerned and the costs directly related to the renewal of the stock in accordance with the procedure laid down in Annex I to this Order, with the exception of the porcine species for The replacement value and the terms and conditions of renewal are set out in Annex III to this Order. "
Article 6 of the decree of 30 March 2001 is replaced by:
" The expert's report (s) shall be appraised by the prefect, who may request the production of any additional element of appreciation of the commercial value of the goods and products or of the replacement value of the animals and the opinion of the The Director General of Food, in particular in the cases defined in the fourth paragraph of Article 5.
The prefect shall then stop the final amount of the compensation and notify the owner of the animals, foodstuffs or products
. The categories of animals of the species concerned, this amount may not exceed the maximum amounts set out in Annex II to this Order. "
The following Annex III is added to the Order of 30 March 2001:
" A N N E X E I I I
For hog production, the replacement value includes:
-additional requirements, by Ratio to normal production activity, generated by potential repopulation in breeding stock. These requirements include the additional objective market value in relation to the normal activity, the breeders purchased and the transportation, food and veterinary costs associated with them;
-the revenue shortfall caused by the stop Temporary production resulting from the slaughter of animals and the health vacuum imposed by the administration. It is represented by the difference between the selling price of the finished products and the veterinary and food costs, estimated over the production shutdown period. This production stop can include periods whose maximum durations are defined in the following table:
You can view the table in OJ
No 77, 31/03/2004, page 6247 to 6248
Exceeding one or more time periods will only be taken into account by the administration if it is properly justified:
-Disinfection of buildings and livestock equipment up to 75 % of the cost of Disinfection performed by an approved company.
The methods for calculating the replacement value are adapted according to the types of production: naisers, fatteners, fatteners, breeders, multipliers; they will be Specified by instruction of the Minister responsible for agriculture.
The replacement value is estimated on the basis of an expertise taking into account, at the written request of the farmer, the case of a continuation of activity (it specifies The production system which it wishes to pursue), or the case of a cessation of activity.
Any change in the production system on the occasion of the resumption of activity will be regarded as a cessation of activity of the production system Previous.
The reference values for the carcass price are those of the day of the expertise (dial price); the other charges (food, veterinarian, disinfection, transportation and breeding purchases) are supported by the Administration on presentation of evidence (invoices paid, technical results, accounting results, price of food).
The number of references of spawners taken into account by the administration for their renewal will not be available. Be superior to that of live spawners present on the day of expertise. "
The Director of the Budget in the Ministry of Economy, Finance and Industry and the Director General of Food to the Ministry of Agriculture, Food, Fisheries and Rural Affairs shall each be responsible for the execution of this Order, which shall be published in the Official Journal of the French Republic.
Done at Paris, March 17, 2004.
Minister of Agriculture, Food,
Fisheries and Rural Affairs,
For the Minister and delegation:
Le General food director,
T. Klinger
The Minister of the Economy,
Finance and Industry,
For the Minister and by delegation:
By preventing the budget director:
The Deputy Director,
H. Eyssartier
