Key Benefits:
The Minister of the Economy Finance and industry, the Minister for Agriculture and Fisheries and the Minister for Ecology and Sustainable Development,
In view of Council Regulation (EC) No 1290/2005 of 21 June 2005 on the financing of the common agricultural policy ;
In view of Council Regulation (EC) No 1698/2005 of 20 September 2005 on support for rural development by the European Agricultural Fund for Rural Development (EAFRD);
In view of Commission Regulation (EC) No 885/2006 of 21 June 2006 2006 laying down detailed rules for the application of Council Regulation (EC) No 1290/2005 as regards the approval of paying agencies and other entities as well as the clearance of the EAGF and EAFRD accounts;
Having regard to Regulation (EC) No 1320/2006 of the Commission of 5 September 2006 laying down transitional rules for support for rural development provided for by Council Regulation (EC) No 1698/2005;
Having regard to Commission Regulation (EC) No 1975/2006 of 7 December 2006 laying down detailed rules Application of Council Regulation 1698/2005 as regards the application of control and conditionality procedures for measures to support rural development;
In view of Commission Regulation (EC) No 1974/2006 of 15 December 2006 implementing Council Regulation 1698/2005 on support for rural development by the European Agricultural Fund for Rural Development (EAFRD);
In view of Council Regulation (EC) No 1944/2006 of 19 December 2006 amending Regulation (EC) No 1698/2005 on support for rural development by the European Agricultural Fund for Rural Development (EAFRD);
Having regard to Council Regulation (EC) No 2012/2006 of 19 December 2006 amending and Correcting Regulation (EC) No 1782/2003 establishing common rules for direct support schemes under the common agricultural policy and establishing certain support schemes for farmers and amending Regulation (EC) N ° 1698/2005 on support for rural development by the European Agricultural Fund for Rural Development (EAFRD);
Having regard to Commission Regulation (EC) No 1857/2006 of 15 December 2006 on the application of Articles 87 and 88 of the Treaty on State aid granted to small and medium-sized enterprises active in the production of agricultural products and amending Regulation (EC) No 70/2001;
Having regard to Commission Regulation (EC) No 1998/2006 of 15 December 2006 concerning The application of Articles 87 and 88 of the Treaty to de minimis aid;
In view of Act No. 2000-321 of 12 April 2000 on the rights of citizens in their relations with the administration, in particular Article 10 thereof;
Given the rural code, in particular its Articles L. 311-1, L. 311-2, L. 341-1 to L. 341-3, L. 411-59, L. 411-73, L. 313-3, R. 313-13 to R. 313-18, R. 343-3 to R. 343-18;
In the light of the Penal Code, in particular Article 131-13;
In light of Decree No. 99-1060 of 16 December 1999 on subsidies Of the State for investment projects, as amended by Decree No 2003-367 of 18 April 2003;
Having regard to Decree No. 2000-675 of 17 July 2000 for the application of Article 10 of Decree No. 99-1060 of 16 December 1999 on subsidies for The State for investment projects;
Having regard to Decree No. 2001-495 of 6 June 2001 for the application of Article 10 of Act No. 2000-321 of 12 April 2000 on the financial transparency of aid granted by public persons ;
In view of the decree of 27 August 2001 fixing the list of authorities outside the State whose consultation interrupts the period laid down in Article 5 of Decree No. 99-1060 of 16 December 1999 on state subsidies for projects Investment;
In view of the Order of 5 June 2003 concerning the constitution of the file for a state grant application for an investment project,
Stop:
The provisions of this Decree shall lay down the arrangements for the award of grants which may be granted under the plant plan for The environment, within the annual financial resources allocated to this plan.
A subsidy can be granted to agricultural holdings developing crops-out of grass-to finance investment expenditure for agro-equipment and development Environmental parcellaries.
Eligible investments relate to environmental agro-equipment and development that address the following issues:
-erosion control;
-reduction of water pollution by Phytosanitary products;
-reducing water pollution by fertilizers;
-reducing the impact of water withdrawals on the water resource;
-maintaining biodiversity; and
-energy conservation in existing greenhouses On 31 December 2005.
The list of eligible types of equipment and facilities will be defined by a joint circular of the Ministry of Ecology and Sustainable Development and the Ministry of Agriculture and
. Investments whose commencement of implementation is later than the date of legal commitment of the grant under the conditions laid down in Article 12.
The following investments are not eligible:
-investments that do not pursue any of the above objectives in Article 3 and investments that do not meet the priorities The intervention of the plant plan for the environment defined by the prefect of the prefect of the region pursuant to Article 5 of this Order;
-any equipment or development in relation to the maintenance of the grass surfaces;
- Used equipment;
-condominium equipment and facilities;
-investments that allow the recipient to meet a standard, with the exception of young farmers who received the installation aid in application Sections R. * 343-3 to R. * 343-18 of the Rural Code for investments made during the three-year period following the installation date as part of the certificate of compliance with the facility.
The regional prefect defines by prefectoral the local priorities for the environmental action of the plant plan in accordance with Article 3, For the sole issues of erosion control, reduction of water pollution by plant protection products, reduction of water pollution by fertilisers, reduction of the impact of sampling on the water resource and Maintenance of biodiversity.
The prefect relies on the various diagnostic tools of the qualitative situation of water and areas at risk in the light of erosion, taking into account the specific areas already demarcated (vulnerable areas, Areas of erosion, watershed protection zone), water management and management schemes, regional diagnostics prepared and published by regional action groups to reduce water pollution by products
priorities for intervention are set in coherence with those retained by the other funders of this plan and in consultation with the representative agricultural professional organisations. They shall be established after consultation with the other financers, the warden coordinator of the basin, the interservice missions of the departments, the regional environmental management and the regional management of agriculture and the
In accordance with the environmental issues mentioned in the first paragraph of this Article, the regional prefect shall establish one or more specific geographical areas for the intervention of the plan and may be led to reduce the list of Eligible investments fixed by the circular provided for in Article 3 of this Order. The regional prefect also has the possibility of setting more restrictive criteria than those defined at national level. These criteria shall be specified in the prefectural order provided for in the first subparagraph.
The following natural persons are eligible for this grant:
-natural persons carrying on an agricultural activity within the meaning of Article L. 311-1 of the Rural Code;
-the owners Landlords for agricultural use, the lessee who must fulfil the conditions for obtaining the aid;
-farmers or sharecroppers, if they are authorised to carry out the work by their owner or, failing that, by the Joint Court of Rural leases, unless they are legally exempted (s. L. 411-73 of the Rural Code).
The applicant must meet the following conditions on the date of award decision:
1 ° Declare to be at least 18 years of age and less than 60 years of age. The situation is assessed on 1 January of the calendar year in which the application is lodged;
2 ° Declare on the Honor to be up-to-date of the tax and social obligations which are legally payable to compulsory basic social protection schemes And non-employees, except for a staggering arrangement;
3 ° Declare to respect, in the context of the exploitation of the aid, the minimum requirements in the field of the environment attached to the investment concerned by the aid request and In Article 26 of Council Regulation (EC) No 1698/2005. The procedures for monitoring compliance with minimum standards are mentioned in Article 17 of this Decree;
4. Provide technical-economic indicative elements to verify the criterion for improving the overall level of the results of the Exploitation;
5 ° The project presented in the context of the plant plan for the environment must respond to the intervention priorities defined by the prefect of the prefect of the region pursuant to Article 5 of this Order. Applications for projects that do not meet these priority criteria are the subject of a rejection decision.
Can also benefit from this grant:
1 ° Companies, if they meet the following conditions:
-the social object must relate to the direct development of an operation Farm;
-more than 50 % of the share capital is owned by business partners;
-at least one partner-operator meets the age conditions set out in section 6;
-the corporation and the business associations certify that they are current Tax and social obligations under the conditions laid down in Article 6;
-the company and the association-operators declare respect the minimum standards in the field of the environment attached to the investment concerned in the Conditions laid down in Article 6;
2 ° Foundations, associations and other institutions of agricultural and research education, non-profit rehabilitation organisations, if they fulfil the following conditions:
- These structures must relate to the direct development of an agricultural operation;
-the person conducting the operation must meet the age conditions laid down in Article 6;
-the structure declares to be up to date on the obligations The structure declares to respect the minimum standards in the field of the environment attached to the investment concerned under the conditions laid down in Article 6;
3 ° Farm equipment cooperatives (CUMA), if they meet the following conditions:
-the structure has a cooperative approval;
-the structure declares to be current tax and social obligations, unless otherwise agreed Under Article 6;
-the structure declares to respect the minimum standards in the field of the environment attached to the investment concerned under the conditions laid down in Article 6.
Indeed, companies, participating companies, simplified stock companies and indivisions are not eligible.
Public subsidies are awarded on the basis of a grant ceiling of 30 000 for all financers. In the case of farm groups in common (GAEC), the maximum grant can be multiplied by the number of farms grouped together, within the limit of three. In the case of Agricultural Equipment Co-operatives (CUMA), the maximum grant amount is set at 100,000. For the energy saving issue in the greenhouses, the maximum grant amount is set at 150 000.
In order to be retained, the amount of eligible material investments to be made must be at least 4,000.
Self-building is not allowed for the issue " Energy saving in greenhouses " And for agricultural equipment use co-operatives (CUMA).
The maximum grant rate for all financers is set at 40 %, including the community counterpart.
The Ministry Responsible for Agriculture (Matching Community included) is limited to 20 % of the subsidisable amount.
However, this aid from the Ministry of Agriculture (including Community consideration) can reach the maximum rate of 40 %, in order to optimise the different resources Budget available from other financial partners associated with the plan. In this case, the Prefect will ensure that the participation of the Ministry of Agriculture does not exceed 20 % of the total committed amounts of all the files financed under this plan.
Rates of intensity and supervision of the Aid shall be increased by 10 % for a young farmer who has collected the aid for the installation pursuant to Articles R. * 343-3 to R*. 343-18 of the Rural Code to the extent that the legal commitment is made within the next five-year period The installation date retained as part of the certificate of compliance at the facility. For the social forms, excluding CUMA, the increase of 10 % is calculated in proportion to the number of association-operators benefiting from the status of young farmers on the total number of association operators. For CUMA, the mark-up related to the status of young farmer does not apply.
All public subsidies paid under the investment proposal submitted by the applicant must comply with the rules for Community rules on investment aid and rules Joint market organisations (CMOs). The aid granted under the plant plan for the environment is not cumulative with the interest subsidy granted under a subsidised loan. This rule does not apply to loans granted for installation aid.
Grant applications are processed under the authority of the Prefect.
The National Farm Structure Development Centre (NAASEA) is responsible for the payment of the plan. Plant for the environment.
The grant may give rise, at the request of the beneficiary addressed to the prefect, to the payment of a single deposit, provided that it reaches the sum of 1 500 and within the limit of 80 % of the amount of Aid.
In accordance with Regulation (EC) No 1975/2006, the Departmental Directorate for Agriculture and Forestry (DDAF) or the Departmental Directorate for Equipment and Agriculture (DDEA) may be required to proceed before payment of the balance An on-site visit to verify the compliance of the investments made.
Payments are made on the basis of evidence of eligible expenses provided by the recipient. The DDAF or DDEA verifies the eligibility of the expenses for which the recipient requests the assistance. In the event of a difference, the reductions provided for in Article 31 of Regulation (EC) No 1975/2006 shall be applied.
Administrative and on-the-spot checks shall be carried out in accordance with the provisions of Articles 25 to 31 of Regulation (EC) No 1975/2006. They are carried out by the Prefect and the National Centre for the Management of Agricultural Structures (CNASEA) as part of their respective responsibilities.
Plant-specific control points for the environment are specified in an application circular.
The aid referred to in Article 2 of this Order may be the subject of European co-financing subject to the conformity of the operation with the rural development programme approved by the Commission.
The interministerial order of 11 September 2006 relating to the plant plan for the environment is repealed with effect from 1 January 2007.
The Director of Budget at the Ministry of Economy, Finance and Industry, the Director of Water of the Ministry of Ecology and Sustainable Development and the Director General Forest and Rural Affairs of the Ministry of Agriculture and Fisheries shall be responsible for the application of this Order, each of which shall be published in the Official Journal of the French Republic.
Done at Paris, April 18, 2007.
The Minister of Agriculture and Fisheries,
For the Minister and by delegation:
The Director General
of the forest and business Rural,
A. Moulinier
The Minister of the Economy,
Finance and Industry,
For the Minister and by delegation:
The service manager,
H. Bied-Charreton
The Minister of Ecology
and Sustainable Development,
For the Minister and delegation:
The Director of Water,
P. Berteaud
