Key Benefits:
The Prime Minister,
On the report of the Minister of Agriculture and Fishing,
Viewed by regulation (EC) No 1782/2003 of the Council of 29 September 2003 laying down common rules for direct support schemes under the common agricultural policy and establishing certain support schemes for farmers and amending Regulation (EEC) No 2019/93, (EC) No 1452/2001, (EC) No 1453/2001, (EC) No 1454/2001, (EC) No 1868/94, (EC) No 1251/1999, (EC) No 1254/1999, (EC) No 1673/2000, (EEC) No 2358/71 and (EC) No 2529/2001;
Having regard to Regulation (EC) No 795/2004 of the Amended Commission of 21 April 2004 laying down rules for the application of the payment scheme Regulation (EC) No 1782/2003 establishing common rules for direct support schemes under the common agricultural policy and establishing certain support schemes for farmers;
Having regard to the Regulation (EC) No 796/2004 of the Commission of 21 April 2004 as amended laying down detailed rules for the application of cross-compliance, modulation and the integrated management and control system provided for in Council Regulation (EC) No 1782/2003 of 29 September 2003 Establishing common rules for direct support schemes in the context of Common agricultural policy and establishing certain support schemes for farmers;
In view of Council Regulation (EC) No 1257/1999 of 17 May 1999 amended on support for rural development by the European Guidance Fund Agricultural guarantee (EAGGF) and amending and repealing certain regulations;
Having regard to Council Regulation (EC) No 1290/2005 of 21 June 2005 on the financing of the common agricultural policy;
Given the rural code;
Given the decree n ° 2003-1082 of 14 November 2003 on the responsibilities and organisation of the Directorates Department of Agriculture and Forestry,
Describes:
For the application of Articles 1 and 2 of Article 40 of the Regulation of 29 September 2003 above, only cases and circumstances may be taken into account The following exceptional:
a) The farmer's death;
b) The farmer's long-term professional incapacity;
c) A serious natural disaster that significantly affects the farm area of the farm; and
d) Destruction
e) An epizootic disease affecting all or part of the farmer's livestock.
To be taken into account, these exceptional cases or circumstances must have led to a decrease The amount of aid received in respect of the years concerned in relation to the amount Aid received in respect of the reference years determined pursuant to Regulation 1782/2003 not affected by the event. This reduction, which shall be calculated in accordance with the procedure laid down by the Minister responsible for agriculture, shall be at least equivalent to 10 %.
However, the decrease in the amount of tobacco aid affected by the case of c must be at least Equivalent to 20 %.
For the purposes of Article 40 of the Regulation of 29 September 2003 referred to above, it may be taken into account only the agri-environmental commitments listed by order of the Minister responsible for agriculture and Which have led to a decrease in the amount of aid collected in respect of the years concerned, Calculated in accordance with the conditions laid down in that order, in relation to that paid in respect of the years of the non-assigned reference period, at least equivalent to 20 %.
The request to take account of cases of force majeure or of circumstances Shall be transmitted to the departmental management of agriculture and forestry at the headquarters of the applicant's operations no later than a date fixed by the Minister responsible for agriculture.
For the application of Article 46 of the Regulation of 29 September 2003 referred to above, the following are also considered exceptional circumstances:
(a) The end before May 15, 2006, of a lease applicable for all or part of the qualifying period within the meaning of section 38 of that regulation. However, the licensee concerned may not transfer any single payment rights in 2006 only within the limit of a number corresponding to the number of hectares for which the lease has ended.
(b) The final assignment before 15 May 2006 by a Owner operator of all or part of the land which it operated during all or part of the reference period within the meaning of Article 38 referred to above for the benefit of a buyer who is not a farmer within the meaning of Article 2 of the Regulation of 29 September 2003. However, the owner concerned can only transfer single payment entitlements within the limit of a number corresponding to the number of hectares ceded.
For the purposes of Article 17 of Regulation (EC) No 795/2004 of 21 April 2004, the purchaser of the single payment rights may, for the purpose of establishing such rights, make an application on behalf of the assignor, after explicit authorization of that Last.
The deadline for submitting the application for participation in the single payment scheme within the meaning of Article 12 of Regulation (EC) No 795/2004 of 21 April 2004 shall be fixed by the Minister responsible for Agriculture.
For the application of the last paragraph of Article 34 of the Regulation of 29 September 2003 referred to above, the deadline for the reallocation of the amounts corresponding to the single payment entitlements which Have not been requested to participate in the single payment scheme is fixed on 15 August 2006.
Pursuant to Article 12 of the Regulation (EC) No 795/2004 of 21 April 2004 referred to above, the competent paying agency shall, on a final basis, establish the single payment fee no later than the date of notification of the payment of these rights for the first year of application of the Single payment.
Chapter V of Title I of Book VI of the Rural Code is supplemented by a section 5 thus written:
"Section 5
" Payment Plan Unique
" Art. D. 615 -62. -I.-For the application of Article 62 of Council Regulation (EC) No 1782/2003 of 29 September 2003 laying down common rules for direct support schemes under the common agricultural policy and establishing certain Support schemes for farmers, the amounts from the dairy premium and the additional payments provided for in Articles 95 and 96 of this Regulation are included in the single payment scheme in full Article 1 of this Regulation as from 1 January 2006.
" II. -The sugar beet payments component is included in full in the single payment scheme provided for in Article 1 of the Regulation of 29 September 2003, as of 1 January 2006, on the basis of the quantities of Sugar beet which has been the subject of delivery contracts concluded for the 2005-2006 marketing year, and on the basis of specified reference surfaces in accordance with the arrangements laid down by the Minister responsible for Agriculture.
" The component of the chicory payments used for the production of inulin syrup is included in the single payment scheme provided for in Article 1 of the Regulation as from 1 January 2006, on the basis of the Average quantities of chicory which have been the subject of delivery contracts concluded for the marketing years 2001 to 2005 and on the basis of specified reference surfaces in accordance with the arrangements laid down by the Minister responsible for Agriculture.
" III. -For the purposes of Articles 65 to 70 and Annex VII of the Regulation of 29 September 2003 referred to above, the component of the national ceilings referred to in Article 41 of this Regulation shall include the following amounts:
-75 % of payments for field crops;
" -50 % of the payments for sheepmeat;
" -100 % of the payments for caprine meat;
" -60 % of the slaughter premium for animals of the bovine species other than calves;
-75 % of payments for hops;
" -100 % of payments for olive groves;
" -40 % of payments for the tobacco premium;
" -100 % of the payments for seeds referred to in points 3 and 4 of the Annex to Council Regulation (EEC) No 2358/71 of 26 October 1971 on the common organisation of the markets in the seed
. IV. -The amounts of the payment of slaughter premiums for calves and the maintenance of suckler cow herds are excluded from the national ceilings
. Art. D. 615 -63. -I.-Pursuant to Article 26 of Commission Regulation (EC) No 795/2004 of 21 April 2004 as amended laying down detailed rules for the application of the single payment scheme provided for in Regulation (EC) No 1782/2003 establishing common rules for Direct support schemes under the common agricultural policy and establishing certain support schemes for farmers, the department shall be accepted as the appropriate regional
. Pursuant to Article 46 of the Regulation of 29 September 2003 referred to above, payment rights may be used or transferred only within the same
. II. -Single payment entitlements shall be geographically located in the department where the land declared in the application for payment made by the farmer in respect of the first year of application of the single payment scheme is
. III. -By derogation from II:
" 1. The single payment fee which does not, for the year 2006, give rise to the payment of income assistance referred to in Article 1 of the Regulation of 29 September 2003 referred to above, shall be geographically attached to the headquarters department of The operation of their holder;
" 2. The rights obtained by contractual clause within the meaning of Articles 17 and 27 of the Regulation of 21 April 2004 referred to above are geographically attached to the Land Department of the contract support of this clause;
" 3. Payment rights subject to special conditions referred to in Article 48 of the aforementioned Regulation of 29 September 2003 shall be geographically attached to the headquarters department of the holder's operation; however, where those rights Were transferred definitively between 1 January 2000 and 15 May 2006, they are geographically attached to the office of the head office of the assignor;
" 4. The payment entitlements for which the transfer is authorized pursuant to Article 2 of Decree No. 2006-710 of 19 June 2006 shall be geographically attached to the Land Department of the assignment or the end of the lease
Art. D. 615 -64. -For the purposes of applying Article 44 of the Regulation of 29 September 2003 and Article 24 of the Regulation of 21 April 2004 referred to above, the minimum ten-month period of detention of eligible areas shall begin on a date chosen by The farmer within a period beginning on 1 September of the calendar year preceding the filing of the application for participation in the single payment scheme and ending on 30 April of the calendar year of the filing of the
. Art. D. 615 -65. -The Prefect shall be responsible, on behalf of the paying agency, for the processing of the application files for the single payment and payment of income assistance provided for in the abovementioned Regulation of 29 September
. The arrangements for the exercise of these tasks shall be established by agreement between the Minister responsible for agriculture and the paying
. Art. D. 615 -66. -The request for the award of the national reserve for a single payment in accordance with the provisions of 3, 4 and 5 of Article 42 of the Regulation of 29 September 2003 referred to above shall be forwarded to the departmental management The farming and forestry of the applicant's holding office no later than a date fixed by a decision of the Minister responsible for agriculture. "
The Minister of Economy, Finance and Industry, the Minister of Agriculture and Fisheries, and the Minister Delegate to the Budget and State Reform, Government spokesman, each as far as it is concerned, is responsible for the execution of this Decree, which will be published in the Official Journal of the French Republic.
Done at Paris, 19 June 2006.
Dominique de Villepin
By the Prime Minister:
Minister of Agriculture and Fisheries,
Dominique Bussereau
Minister of Economy,
Finance and Industry,
Thierry Breton
Associate Minister Budget
and state reform,
Government spokesman,
Jean-François Copé
