Key Benefits:
The Prime Minister,
On the report of the Minister of Agriculture and Fisheries,
Having regard to Council Regulation (EEC) No. 2075/92 of 30 June 1992 establishing a joint market organization in the gross tobacco sector;
Having regard to Council Regulation (EC) No. 2200/96 of 28 October 1996 on the joint organization of markets in the fruit and vegetable sector, including Article 11;
Having regard to Council Regulation (EC) No. 2201/96 of 28 October 1996 on the joint organization of markets in the field of processed fruit and vegetable products, including Articles 2, 3 and 4;
Having regard to Commission Regulation (EC) No. 2848/98 of 22 December 1998 on the terms and conditions for the application of Council Regulation (EEC) No. 2075/92 with respect to the premium regime, production quotas and the specific assistance to be granted to producer groups in the raw tobacco sector;
Having regard to Commission Regulation (EC) No. 43/2003 of 23 December 2002 on the terms and conditions for the application of Regulations (EC) No. 1452/2001, (EC) No. 1453/2001 and (EC) No. 1454/2001 of the Council with regard to aids for local production of plant products in the ultraperipheral regions of the Union;
Having regard to Commission Regulation (EC) No. 1432/2003 of 11 August 2003 on the modalities for the application of Council Regulation (EC) No. 2200/96 concerning the recognition of producer organizations and the prerecognition of producer groupings, including Articles 4 and 6;
Having regard to Commission Regulation (EC) No. 1433/2003 of 11 August 2003 on the terms and conditions for the application of Commission Regulation (EC) No. 2200/96 with respect to operational funds, operational programs and financial assistance;
Having regard to Commission Regulation (EC) No. 1943/2003 of 3 November 2003 amended on the terms and conditions for the application of Council Regulation (EC) No. 2200/96 with respect to aids to pre-reknown groups;
Having regard to Commission Regulation (EC) No. 1973/2004 of 25 October 2004 amended on the terms and conditions for the application of Council Regulation No. 1782/2003;
Given the rural code, including articles L. 551-1 and L. 552-1,
Decrete:
Chapter I of Book V of the Rural Code is amended as follows:
I. - The title of the chapter is replaced by the following title:
“Chapter I
"Producer organizations"
II. - It is created a section 1, entitled "General Provisions", including sections D. 551-1 to R. 551-12.
III. - Section D. 551-1 is replaced by the following provisions:
"Art. D. 551-1. - The request for recognition or pre-recognition of an organization of producers is addressed to the Minister of Agriculture through the prefect of the department of the headquarters of the organization".
IV. - Section D. 551-2 is replaced by the following provisions:
"Art. D. 551-2. - The application must be accompanied by the following:
1° The statutes of the producer organization, which must include clauses:
(a) Establishing that the organization is constituted on the initiative of producers who voluntarily adhere to it;
(b) Provided that its producer members may be natural or legal persons bringing agricultural products from their farm for which the organization is recognized and legal persons comprising such natural or legal persons;
(c) Provides the obligation for its members and, where appropriate, for the adhering or societal natural or legal persons of its members to observe the rules enacted by the organization of producers and to submit to its technical control;
(d) Setting the applicable sanctions in the event of non-observance of the said rules and opposition to technical control;
(e) Provided that members with an agricultural activity hold at any time the majority of the votes and, when available, the capital of the organization;
(f) Provided that more than half of the turnover or activity of the producer organization is carried out with the products brought by its producer members or, where the industry-specific decree permits, with products entrusted to it by other producer organizations recognized for the same product category;
(g) Noting that its members must commit:
- to apply, in terms of knowledge of production, production, marketing and environmental protection, the rules adopted by the organization of producers;
- for a particular exploitation, to be members, under the production of the product category for which the organization of producers is recognized, only of that organization;
- for sale through the organization of producers, under the conditions provided for by the provisions applicable to the sector concerned, a specified quantity of their production for the products concerned;
(h) Designating the bodies of the organization of competent producers to enact the rules set out in the 1st of Article L. 551-1 and the rules of quorum and majority, in accordance with the provisions applicable to the sector concerned where they exist;
(i) Limiting the number of powers that a member may have on votes in the General Assembly;
2° A statement stating:
(a) The main purpose of the producer organization that is, either the preparation and organization of the marketing of the products on behalf of its members or members of the member organizations, or the sale, and, where appropriate, the processing of the products carried out under its own responsibility;
(b) The nature and forms of actions and technical control implemented by the organization of producers for the benefit of its members;
(c) The distribution of capital, when it exists, and voting rights between the different members of the producer organization;
3° The resolution of the general assembly of the organization committed to repealing its own rules that would contradict those of the approved economic committee for the product and the exchange concerned and to adopt those of that committee;
4° The resolution of the board of directors or the competent organ of the producer organization decided to submit the application and specify the product sector and the exchange for which recognition is requested;
5° The rules laid down in Article L. 551-1 already enacted under the conditions of majority established by the statutes;
6° The rules of procedure;
7° The digital state of the members of the producer organization or members of the member organizations, classified by professional activity;
8° The list of directors, auditors, directors and persons authorized to sign for the organization with the indication of their nationality, domicile, profession and quality;
9° Annual accounts, reports to associates and, where appropriate, the general report of the External Auditor of the past two fiscal years or, if the organization has less than two years of existence, the documents related to its effective management, as well as its forecast budget for two fiscal years;
10° Description of the technical facilities and means available to the producer organization, with the indication of their location, condition and technical capacity to use;
11° Possible expansion and equipment programs.
V. - Section D. 551-5 is replaced by the following provisions:
"Art. D. 551-5. - The decree of recognition of an organization of producers is published in the Official Gazette and in the collection of administrative acts of the departments concerned. »
VI. - Section D. 551-6 is replaced by the following provisions:
"Art. D. 551-6. - The list of recognized producer organizations can be found on the website of the Ministry of Agriculture. »
VII. - In article D. 551-7, the words: "a previously recognized group of producers" are replaced by the words: "an organization of previously recognized producers" and the words: "or suspension" are deleted.
VIII. - Section D. 551-8 is replaced by the following provisions:
"Art. D. 551-8. - An agricultural cooperative, a union of agricultural cooperatives or a SICA with several sectors of activity may request recognition as a producer organization for one or more groups of its associates.
In addition to the elements mentioned in the 1st of Article D. 551-2, the statutes of the organization must then provide that the decisions taken as an organization of producers recognized for the group of partners concerned are taken by a specialized group assembly that brings together all the partners concerned. This group meeting shall be convened in accordance with the statutory terms and conditions applicable to ordinary general assemblies.
However, legal advertising measures and quorum rules of this assembly may be subject to specific statutory provisions.
Its decisions are adopted according to the quorum and majority rules mentioned at the 1st of Article D. 551-2.
The decisions of the specialized group assembly are validated by the ordinary or extraordinary general assembly that ratifies or rejects them without being able to modify them. »
IX. - It is created an article D. 551-8-1 as follows:
"Art. D. 551-8-1. - As a result of their mandatory membership in the approved economic committee provided for in section 14 of Act No. 62-933 of 8 August 1962, as amended in addition to the Agricultural Guidance Act, producer organizations may not issue new rules that would not be in conformity with the rules enacted by the said committee. »
X. - Article D. 551-10 is deleted.
In the title of chapter III of Book V title of rural code, the word "groups" is replaced by the word "organizations".
The Minister of Economy, Finance and Industry and the Minister of Agriculture and Fisheries are responsible, each with respect to it, for the execution of this Order, which will be published in the Official Journal of the French Republic.
Done in Paris, December 22, 2006.
Dominique de Villepin
By the Prime Minister:
Minister of Agriculture and Fisheries,
Dominic Bussereau
Minister of Economy,
finance and industry,
Thierry Breton
