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Decree No. 2007-943 May 15, 2007 Concerning The Participation Of Agricultural Employers In The Construction Effort And Amending The Rural Code

Original Language Title: Décret n° 2007-943 du 15 mai 2007 relatif à la participation des employeurs agricoles à l'effort de construction et modifiant le code rural

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  • ACT No. 2006-11 of January 5, 2006, Agricultural Guidance (1)
  • Summary

    Application of Art. 29 of the Act 2006-11.

    Keywords

    AGRICULTURE, RURAL CODE, AGRICULTURAL SALARIE, OPERATING AGRICULTURAL EMPLOYER, EMPLOYER PARTICIPATION, CONSTRUCTION EFFORT, AGRICULTURAL SCHEME , JOINT MANAGEMENT, COLLECTING BODY, LIABILITY THRESHOLD, METHOD OF CALCULATION, EMPLOYER OBLIGATION



    JORF No. 113 of May 16, 2007 Page 9305
    Text No. 164



    Order No. 2007-943 dated May 15, 2007 The participation of agricultural employers in the construction effort and modifying the rural code

    NOR: AGRF0754532D ELI: Https://www.legifrance.gouv.fr/eli/decret/2007/5/15/AGRF0754532D/jo/texte
    Alias: https://www.legifrance.gouv.fr/eli/decret/2007/5/15/2007-943/jo/texte


    The Prime Minister,
    On the report of the Minister of Agriculture and Fisheries,
    Given the rural code, including article L. 716-2;
    Given the code of construction and housing;
    Given the general code of the Taxes, and in particular the 2 of article 235 bis;
    Given the labor code;
    The State Council (public works section) heard,
    Describes:

    Article 1 Read more about this article ...


    Chapter VI of Title I of Book VII of the Rural Code is amended as follows:
    I.-The title is replaced by the following title: Employee accommodation and participation of agricultural employers in the construction effort ".
    II. -Added a section 3 written as follows:


    "Section 3



    " Participation of agricultural employers
    in the construction effort



    "Subsection 1



    " Employer obligations


    " Art. R. 716-26. -For the application of the first subparagraph of Article L. 716-2, the number of agricultural employees shall be assessed on the basis of the average monthly number of employees occupied during the preceding calendar
    . This monthly number shall be calculated in accordance with Articles L. 620-10 and L. 620-11 of the Labour
    . Art. R. 716-27. -The treaty provisions referred to in Article L. 716-2 shall be those resulting from the agreements referred to in Article L. 132-2 of the Labour Code regularly concluded and deposited with the administrative authorities in accordance with Article L. 716-2 of the Labour Code. Article L. 132-10 of the same code.
    " The employer shall mention the precise references, in particular the date, of the treaty provisions applicable to the declaration provided for in Article R. 716-28 in the first year of their application. Where appropriate, it shall inform the administrative authority referred to in Article R. 716-28 of their
    . The taking into account of sums paid by an employer pursuant to the conventional provisions referred to in the first subparagraph shall not have the effect of lowering the rate of participation of employers below 0.45, nor shall it reduce the Priority of housing for immigrant workers and their families. They shall contribute to the implementation of the aid for the acquisition, construction or renovation of housing provided for in Article L. 716-2 by priority in rural areas, taking into account the needs expressed by the employees of each
    . Art. R. 716-28. -The agricultural employers liable for the participation provided for in Article L. 716-2 shall be required to file each year, by 30 April at the latest, stating in particular, for the past year, the amount of money to be allocated to the Participation, the amount of money employed in that capacity and the manner in which the employment was carried out. This declaration shall be made in accordance with arrangements adopted by the administration and shall be returned to the tax department of the head office of the undertaking or, failing that, the place of the principal place of business. However, if the employer is liable to corporate tax, the return is remitted to the tax department of the principal place of business.
    " To this declaration is annexed a statement showing the distribution of the participation of agricultural employers in the construction effort between the various establishments of undertakings.
    " Art. R. 716-29. -The assessment referred to in Article L. 716-3 shall be recovered in accordance with the terms and conditions and under the security, guarantees and penalties applicable to turnover
    . This assessment is due in respect of the year at the end of which the one-year period provided for in Article L. 716-3 expired. The payment of the assessment must accompany the filing of the declaration under R. 716-28.
    " The Departmental Committee on Direct Taxation and the turnover taxes provided for in Article 1651 of the General Tax Code is not required to intervene in the procedure for the correction of the declaration referred to in Article R. 716-28.
    " The claims shall be presented, heard and judged to be in the field of turnover taxes after the advice of the Departmental Director of Agriculture and
    . The officers responsible for the checks provided for in Article L. 716-5 shall have at least the rank of Controller for those of the Ministry responsible for finance and shall be of equivalent rank for those of the ministries responsible for housing and agriculture
    Art. R. 716-30. -In the case of assignment, termination, reorganization proceedings or judicial liquidation of the undertaking, the declarations relating to the current year and the previous year must be entered into within sixty days of the date of the Assignment, termination or judgment.
    " However, the new operator may assume the obligation of the former operator. The undertaking shall be annexed to the declaration provided for in Article R. 716-28.
    " The above provisions shall also apply in the event of the death of the employer. In this case, the declaration shall be signed by the beneficiaries of the deceased within six months of the death. It shall be accompanied, where appropriate, by the new operator.
    " Art. R. 716-31. -Only money actually paid by employers is liberating from their obligation.


    "Subsection 2



    " Terms of Payment of Participation


    " Art. R. 716-32. -Subject to the provisions of R. 716-27, participation in the construction effort shall be paid by agricultural employers in accordance with the following terms:
    " I.-The priority reserved for migrant workers and their families referred to in the seventh subparagraph of Article L. 716-2 or, failing that, to persons or families experiencing particular difficulties, in particular by reason of The inadequacy of their resources or their living conditions shall be paid in the form of a grant to an intervention fund managed by an organisation designated by the Minister responsible for agriculture. This body is chosen at the end of a procedure which is subject to the obligation to advertise and compete. The agreement with the Minister responsible for agriculture provides, in particular, the conditions for the joint administration of the fund, as well as those relating to the employment, management, control and devolution of the intervention fund. The operations carried out by that body pursuant to the Convention shall be the subject of a separate
    . If it is not paid directly by the employer to the fund referred to in the preceding paragraph, that grant may, where appropriate, be paid by the collecting body for the participation of that employer
    The amounts allocated by an employer to the acquisition, construction or renovation of premises reserved for the accommodation of its immigrant employees, including seasonal employees, are deductible from the participation due in that capacity, provided that such premises Have been assigned priority for nine years to these employees. The same is true, in the absence of migrant employees, of sums paid directly to one or more employees experiencing particular difficulties due to the inadequacy of their resources or their conditions of existence, with a view to ensuring their Access or retention in rental accommodation, provided that the general conditions for payment of such aid have been the subject of a conventional provision within the meaning of Article R. 716-27
    II. -The balance can be paid:
    " 1. Either in the form of a loan directly granted by the employer to its employees for the acquisition, construction, renovation of a dwelling or the acquisition of land for their principal residence in rural areas under conditions Pursuant to R. 716-34;
    " 2. Either, if the terms and conditions were previously provided for by a collective agreement referred to in Article L. 132-2 of the Labour Code regularly concluded and deposited with the administrative authorities pursuant to Article L. 132-10 of the same code, in the form of the payment of direct aid from employers to their employees in view of the acquisition, construction, renovation of a dwelling or the acquisition of land for their principal residence in rural areas, Be able to ensure their access or retention in rental accommodation, including by social assistance expenses, under the conditions laid down in Article R. 716-34;
    " 3. In the form of a grant, to bodies listed in 2 ° (a and b) of Article R. 313-9 of the Construction and Housing Code and entitled to that effect;
    " 4. In the form of a grant to joint bodies designated by the Minister responsible for agriculture
    Where the sums paid by the employer to the intervention fund provided for in the I or the bodies designated at 3 ° and 4 ° above are used in the form of loans, the return of loans, principal and interest, are acquired from the fund or these bodies. More generally, any proceeds from the collected funds are acquired.


    "Subsection 3



    " Terms and Conditions of Employment for Participation


    " Art. R. 716-33. -I.-Housing financed with the participation of agricultural employers must have the character of principal residence for their occupants
    However, the occupation as a principal residence by the access to the property may be deferred or interrupted under the conditions laid down in Articles R. 331-40, R. 331-41 and R. 331-66 of the Construction and Housing
    . II. -Housing that receives funding under the participation of agricultural employers cannot be:
    " (a) Transformed into industrial, commercial, craft or professional premises, or have access that depends solely on such premises;
    " (b) Assigned to vacation rentals on a principal basis;
    " (c) Occupying as an accessory to a contract of employment except for seasonal
    . III. -The officers, within the meaning of Article 39 of Article 39 and Article 211 bis of the General Tax Code, of the business carried on in a company and their spouse and their non-emancipated children cannot benefit directly or indirectly from any Title to the participation of employers. The same applies to the individual operator, the spouse and their non-emancipated children.
    " However, the spouse of the head of the company or of the individual operator and their non-emancipated children, employees of another company, may benefit from a loan for the participation of employers in that enterprise.
    " IV. -The financing of the construction in respect of participation must take place, at the latest, at the end of the following two deadlines, the term of which is furthest:
    1 ° One year after the issuance of the certificate of conformity of the operation under consideration;
    " 2 ° Three months after first occupancy of the housing.
    " Funding for the improvement of existing housing for the participation of employers must be provided no later than three months after the completion of the work. The financing of the acquisition of existing housing must take place no later than three months after the acquisition; this period shall be extended to twenty-four months when the participation of employers also funds improvements.
    " V.-Where the use of the aid defined in 1 ° and 2 ° of II of Article R. 716-32 is not in accordance with the rules or the conventional provisions referred to in Article L. 716-2, the sums concerned shall not be liberating
    Art. R. 716-34. -The aid referred to in 1 ° and 2 ° of II of Article R. 716-32 shall not be paid as an accessory to the employment
    . The rate of loans referred to in Article R. 716-32 of Article R. 716-32 shall not exceed that provided for in Article R. 313-39 of the Construction and Housing Code. The investment for which the loan was made must be at least 20 years. The share of the capital reimbursed in each financial year shall be reinvested in the same object no later than in the following year until the total duration of the allocation is 20 years.
    " Art. R. 716-35. -The bodies mentioned in I and at 3 ° and 4 ° of II of Article R. 716-32 shall be required to use, under their responsibility, the participation of the agricultural employers provided for in Article L. 716-2 in accordance with the procedures laid down in Articles R. 313-15 to R. 313-19 of the Construction and Housing Code, except for the d of 1 ° I of Article R. 313-17. They shall be required to take all necessary measures in order to justify the use of such funds in accordance with the rules in force, including conventional rules, when carrying out checks pursuant to Article L. 716-5.
    " The bodies referred to in Article R. 716-32 of Article R. 716-32 shall report annually to the Agency referred to in Article L. 313-7 of the Code of Construction and Housing of the sums collected under Article L. 716-2 and Using.
    " The bodies mentioned in the I and at 4 ° du II of Article R. 716-32 shall report annually to the Minister in charge of agriculture of the sums collected under Article L. 716-2 and their use
    Each year, the Minister responsible for agriculture shall inform the social partners of agriculture of the sums collected under Article L. 716-2 and their use
    In the supervision of the bodies referred to in Article R. 716-32 of Article R. 716-32 in receipt of funds from agricultural employers under Article L. 716-2 and under Article R. 313-21 of the code of construction and housing, the agents Responsible for monitoring may apply for the assistance of the agriculture ministry's services as required.


    "Subsection 4



    " Character provisions General


    " Art. R. 716-36. -Agreements may be concluded between the State and the body managing the intervention fund referred to in Article R. 716-32 with a view to defining the arrangements for the allocation of sums collected to meet the social guidelines of the Housing policy.
    " Art. R. 716-37. -The bodies mentioned in the I and the 3 ° and 4 ° of II of Article R. 716-32 may finance the costs relating to their management of the funds which they have collected in respect of the participation provided for in Article L. 716-2, on these funds in the Limits fixed by a joint decree of the Minister responsible for agriculture and the minister responsible for housing. "

    Item 2 Read more about this Article ...


    The first payment of the sums due in respect of the participation provided for in Article L. 716-2 of the Rural Code shall be made no later than 31 December 2008; the amount shall be sitting on the remuneration paid in the course 2007.
    Until 31 December 2008, agreements concluded before the entry into force of Article L. 716-2 with the collecting bodies of the employers' participation in the construction effort referred to in Article R. 716-32, Are regarded as treaty provisions for the application of Article R. 716-27 of the Rural Code.

    Article 3 Learn more about this Article ...


    The Minister for Employment, Social Cohesion and Housing, the Minister of Economy, Finance and Industry, and the Minister for Agriculture and Fisheries shall each be responsible for The application of this Order, which will be published in the Official Journal of the French Republic.


    Done at Paris, May 15, 2007.


    Dominique de Villepin


    By the Prime Minister:


    Minister of Agriculture and Fisheries,

    Dominique Bussereau

    The Minister of Employment,

    Social Cohesion and Housing,

    Jean-Louis Borloo

    Minister of Economy,

    Finance and Industry,

    Thierry Breton


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