Keywords AGRICULTURE, RURAL CODE, common agricultural policy, Cap, farm, FARMER, exploiting agricultural, PRODUCTION agriculture, fruit and vegetables, producer, organization of producers, using specific, support financial, operational PROGRAMME, fund operational, support community, implementation, control, APPLICATION of Regulation EC, harmonization European JORF n ° 0218 September 18, 2008 page 14361 text no. 13 Decree No. 2008-966, September 16, 2008 relating to the implementation of the system of aid for the fruit and vegetables in the the municipality NOR agricultural policy framework: AGRP0820535D ELI: https://www.legifrance.gouv.fr/eli/decret/2008/9/16/AGRP0820535D/jo/texte Alias: https://www.legifrance.gouv.fr/eli/decret/2008/9/16/2008-966/jo/texte Prime Minister, on the report of the Minister of agriculture and fisheries;
Having regard to Regulation (EC) No 1290/2005 of 21 June 2005 amended on the financing of the common agricultural policy;
Having regard to Regulation (EC) No 1234/2007 of 22 October 2007 modified on the common organisation of the markets in the agricultural sector and specific provisions for certain products (single CMO Regulation);
Having regard to Regulation (EC) No 1580/2007 of the Commission of 21 December 2007 amended implementing regulations (EC) No 2200/96, (EC) No 2201/96 and (EC) no 1182/2007 of the Council in the area of fruit and vegetables;
Given the rural code, including the Book VI;
Having regard to Decree No 2006-672 of 8 June 2006 on the creation, composition and the functioning of administrative commissions with advisory status, enacts as follows: Article 1 more on this article...

Title VI of Book VI of the rural code (regulatory part) is amended as follows: 1 ° chapter IV becomes chapter V;
2 ° articles R. 664 - 1 to R. 664 - 16 become articles R. 665 - 1 to R. 665 - 16;
3 ° to articles R. 661 - 31, R. 665 - 3 to r 665 - 6, R. 665 - 9, R. 665 - 12 and R. 665 - 16, the reference to articles R. 664 - 6, R. 664 - 7, R. 664 - 9-R. 664 - 11 and R. 664 - 13-R. 664 - 16 is replaced by the reference to articles R. 665 - 6, R. 665 - 7, R. 665 - 9 to r 665 - 11 and R. 665 - 13-R. 665 - 16;
4 ° chapter IV reads as follows: "chapter IV" Operational Programmes and operational funds to organizations of fruit and vegetable producers "Section 1" General provisions "Art.D.»»»»»» 664 - 1.-I. ― National Commission of operational funds may, at the request of the Minister of agriculture, give opinions on transnational or interbranch actions set out in the operational programmes of producer organisations or, more generally, on the general orientations operational funds and operational programmes.
«II. - the commission understands: "1 ° the Director general of agricultural, agri-food policies and territories or his representative;
«2 ° a representative of the Assembly permanent of Chambers of agriculture appointed on proposals of this House;
«3 ° a representative of the institution established in accordance with article L. 621 - 1, competent in fruit and vegetables;
«4 ° a representative of the interprofessional technical centre for fruit and vegetables;
«5 ° a representative of each of the trade unions of farmers in general-purpose authorised pursuant to article 3 of Decree No. 90-187, February 28, 1990, relating to the representation of trade union organizations of farmers in some agencies or commissions, appointed on the proposal of the organization concerned;
«6 ° a representative of the agricultural cooperation;
«7 ° nine representatives of the specialized organizations of producers in the sector of fruits and vegetables.
"The members of the commission are appointed by order of the Minister responsible for agriculture. With the exception of the representative of the State, appointed irrespective of length, their mandate is five years.
"III. - the commission is chaired by the Director general of agricultural, agri-food policies and territories or his representative. The secretariat of the commission is provided by the institution established in accordance with article L. 621 - 1, responsible for fruit and vegetables.
"Art.D. 664-2.-the Minister of agriculture adopted the general structure and the overall content of the national strategy for sustainable operational programmes in the area of fruit and vegetables referred to in article 103 2 14F of the Regulation (EC) No 1234 / 2007 of 22 October 2007 on the common organisation of the markets in the agricultural sector and specific provisions for certain agricultural products. in the manner set out in sections 57 and 58 of Regulation (EC) No. 1580 / 2007 of the Commission of 21 December 2007 laying down detailed rules for the application of regulations (EC) No. 2200 / 96, (EC) No. 2201 / 96 and (EC) No. 1182 / 2007 in the fruit and vegetables Council. The strategy can be found on the website of the Ministry of agriculture and fisheries and the public institution created in application of article L. 621 - 1, responsible for fruit and vegetables.
«Section 2 ' operational Programmes «Art.D.»» 664-3.-the operational programmes of producer organisations shall have the elements referred to in article 61 of Regulation (EC) No. 1580 / 2007 above.
"Pursuant to 3 of article 103 c of Regulation (EC) No 1234 / 2007 above, they include, for each operational fund, at least two environmental measures or expect that at least 10% of the expenditures annually for operational programmes concern measures for the environment..
"Producer organisations require the approval of the operational programme with the prefect of the headquarters of their holding.
"Producer organisations provide internal control of the regularity of lump-sum payments pursuant to 5 of article 61 of Regulation (EC) No. 1580 / 2007 above for expenses incurred in respect of operational programmes.. If it is found that this control is not performed or is inadequate, the prefect may pronounce penalties up to 100% of the total amount of the lump sum expenditure concerned. If it is found that one of the members does not meet obligations concerning one or more flat-rate expenditure, the prefect may pronounce sanctions up to 100% of the aid corresponding to the amount of the lump sum expenditure of the Member.
"An order of the Minister responsible for accurate agriculture:" 1 ° the list of documents that must be attached to the application for approval of the operational programme, in addition to those referred to in article 62 of Regulation (EC) No. 1580 / 2007 above;
«2 ° additional rules for eligibility of expenditure under operational programmes, actions or measures;
«3 ° the deadline of submission of the application for approval of the operational programme;
«4 ° expenditure which may give rise to a lump-sum payments and internal control rules of these expenses by the producer organisations, as well as the penalties for breach by organizations or one of their members to the rules of internal control, or to the rules pertaining to the lump-sum expenditure concerned. ".
«Art.D. 664-4.-an association of producer organisations may present a partial operational programme, in its own name under the conditions laid down in article 63 of Regulation (EC) No. 1580 / 2007 above.» The application for approval of the programme is under the conditions defined in section D. 664 - 3.
"An order of the Minister of agriculture fixed the list documents that must be attached in support of this application.
«Art.D. 664-5.-the prefect instructed the applications for approval of operational programmes by ensuring that they have all of the elements mentioned in article 61 of Regulation (EC) No. 1580 / 2007 above.» In particular, it checks the regularity of the procedures for calculation of the value of production marketed by the producer organisation as well as the compatibility of the objectives and measures contained in the programme with the national strategy.
«The prefect approves or rejects all or part of the operational programme within the time and in the manner referred to in article 65 of Regulation (EC) No. 1580 / 2007 above.» It may approve an operational programme subject to the acceptance by the Organization of producers of certain amendments.
"When headquarters of operation of a portion of the members of a producer organisation is established in another Department that the headquarters of the Organization, the prefect submits the operational programme to the opinion of the prefects of the departments concerned.
«When the operational programme provides for actions in another Member State, or the realization of actions an interbranch nature, the prefect shall submit the program to the opinion of the Minister of agriculture who consults, where appropriate, the National Commission of operational funds referred to in article D. 664 - 1.»
«Art.D. 664-6.-producer organisations and associations of producer organisations may apply to the prefect of their operational programme for the following years. ''
«The application must contain the information mentioned in the (2) of article 66 of the Regulation (EC) No. 1580 / 2007 above.» The prefect accepts or rejects the request within the time limits mentioned in article 3. An order of the Minister in charge of agriculture fixed the list of the parts to be joined in support of the application, and the date limit for tabling it.

«Art.D. 664 - 7.-I.-producer organisations and associations of producer organisations may request the prefect modification of their operational programme for the current year under the conditions referred to in 2 of article 67 of Regulation (EC) No. 1580 / 2007 above.»
«II. - are subject to authorisation of the prefect requests for modification of the programmes: "1 ° the creation or deletion of all or part of a measure of the operational programme;
2 ° the increase by more than 25% of the amounts devoted to one or more measures.
"By derogation from the 2 °, mergers of producer organisations within the meaning of article 31 of regulation 1 (EC) No. 1580 / 2007, the amount of the operational fund resulting from the merger is limited to the sum of the fused operational funds, increased by 25%."
'An order of the Minister of agriculture fixed the parts list to join in support of the change request, as well as the date limit for tabling it.
"III. - must be notified in writing to the prefect concerning program changes:" 1 ° the decrease or the increase in the amount of one or more measures, within the limits of an increase of 25% by measure, and without that can be exceeded the amount of the operational fund for the current year;
«2 ° the decrease or increase of the amount of the contributions of the members of the Organization for the financing of the operational fund for the current year;
«3 ° the terms of financing from the operational fund and / or method of calculation of contributions, including differentiated contributions.»
"An order of the Minister of agriculture fixed the deadline for notification of any changes.
"IV. - If the notification or the request for modification of the program is not filed within the time limits mentioned above, changes are excluded from Community financing.
«Section 3 "operational funds" subsection 1 "General provisions" Art.D.»»»»»» 664-8.-for the purposes of sections 54 to 56 of Regulation (EC) No. 1580 / 2007 above, an order of the Minister of agriculture determines: "1 ° rules for management of operational funds;
«2 ° the deadline for payment by members of the producer organisation of their contributions to the operational fund;
«3 ° the deadline for communication, by the Organization of producers to the prefect, estimated amounts of community participation and contributions of its members to the operational fund.
«Subsection 2 "value of marketed production of organizations of producers 'Art.D.»» 664-9.-for the purposes of article 52 of Regulation (EC) No. 1580 / 2007 above, each producer organisation calculates the value of production marketed in accordance with the conditions laid down by this article and an order of the Minister responsible for agriculture. This Decree stipulates: "1 ° the conditions required to avoid double-counting the production of those producers who join or leave the Organization during the reference period;
«2 ° the reductions to be applied to the invoiced value of products at the various stages of processing, delivery and transport for the purposes of article 52 of regulation 6 c (EC) No. 1580 / 2007.»
"Producer organisations may include the value of the by-products defined in the h of 1 of article 21 of Regulation (EC) No. 1580 / 2007 above in the value of the marketed production. ''
"Art.D. 664-10.-the reference period referred to in article 53 of regulation 1 (EC) No. 1580 / 2007 above that the producer organisation must take into account for the calculation of the value of marketed production is depending on his choice:"1 ° a twelve-month period, starting no earlier than 1 January of the third year preceding that of implementation of the operational programme and ending no later than 1 August of the same year. , or "2 ° the average value of three consecutive periods of twelve months commencing no earlier than 1 January of the fifth year preceding that of implementation of the operational programme and ending no later than 1 August of the same year.
«Art.D. 664-11.-any organization of producers who filed no operational programme transmits to the prefect of the Department where it has its seat, each year and no later than 15 February, the value of marketed production, calculated under the conditions laid down in articles 52 and 53 of Regulation (EC) No. 1580 / 2007 above.» An order of the Minister of agriculture specifies the modalities, and including the due date, the transmission to the prefect of the value of marketed production.
"Art.D. 664-12.-in the 2 of article 109 of Regulation (EC) No. 1580 / 2007 noted above, the declaration of the value of the marketed production of the producer organisation is certified by an external auditor, a chartered accountant or a certified management centre..
«Sub-section 3 ' annual Community support «Art.D.»» 664-13.-the notification provided for in article 69 of Regulation (EC) No. 1580 / 2007 above is made by the head of the institution established in accordance with article L. 621 - 1, responsible for fruit and vegetables, hereinafter referred to as "the office", through the departmental Directorate of agriculture and the forest of the Department where the headquarters of the producer organisation.
«For the purposes of article 103 3 d of Regulation (EC) No 1234 / 2007 of the Council of October 22, 2007, are regarded as carried out by an interprofessional sector the actions conducted under the aegis of an inter-branch organisation within the meaning of article 125 k of this regulation, or of the interprofessional technical centre for fruit and vegetables.»
«Art.D. 664-14.-producer organisations and associations of producer organisations shall send their applications for aid or payment the balance of the aid community financial to the prefect in the conditions and time limits referred to in article 70 of Regulation (EC) No. 1580 / 2007 above.» The list of supporting documents that must be attached to the request is fixed by order of the Minister in charge of agriculture.
«Art.D. 664-15.-pursuant to articles 72 and 73 of Regulation (EC) No. 1580 / 2007 noted above, and in accordance with these same articles, producer organisations and associations of producer organisations may request advance, or the payment of a part of the Community financial assistance. ''
"Requests for advances are addressed to the Agency.
"The producer organisation which benefited from the payment of an advance on operational fund may request the prefect the partial release of its guarantee for 80% of the advance paid for the current program year.
"Progress payment requests are addressed to the prefect. With regard to the actions implemented during the first three quarters of the operational programme, claims may be filed at any time between April 1 and October 30, at up to three times per year.
'The periodicity for the submission of applications and the list of supporting documents that must be attached to the support of these applications are determined by order of the Minister responsible for agriculture.
«Section 4 ' withdrawal from the market «Art.D.»» 664-16.-producer organisations shall notify the regional customs services each market withdrawal operation which they intend, subject to the conditions laid down in 1 of article 79 of Regulation (EC) No. 1580 / 2007 above.
"An order of the Minister in charge of agriculture specifies the modalities, and particularly the deadline for notification of withdrawal operations.
"Each withdrawal operation gives rise to the issuance of a certificate by the producer organisations. They also record operations in the stock records and financial accounts referred to in article 112 of regulation 4 (EC) No. 1580 / 2007 above.
"Art.D. 664-17.-for the purposes of article 80 of Regulation (EC) No. 1580 / 2007 above, the maximum amounts of support to the withdrawal of products not listed in annex X to this regulation and the list of the products concerned are fixed by an order of the Minister of agriculture. ''
"The producer organisation asks the Agency payment of the Community contribution due in respect of support for market withdrawals.
«After consideration of the application, the office shall pay the participation to the operational fund of the organization according to the rules laid down in articles 71 and 73 of Regulation (EC) No. 1580 / 2007 above.»
'An order of the Minister of agriculture shall determine the modalities according to which the Agency shall ensure that for a given product the quantity withdrawn from the market is not more than 5% of the volume of production marketed by the producer organisation.
«Art.D. 664-18.-products removed from the market in fruit and vegetables may be intended: "1 ° A spreading on agricultural plots approved under the conditions defined in section D. 664 - 19;
«2 ° a feed under the conditions defined in section D. 664 - 20;
«3 ° A be distributed free to the bodies mentioned in article D. 664 - 21;
«4 ° A be processed for non-food purposes or distilled into non-food alcohol under the conditions defined in section D. 664 - 22.
"Products intended for spreading or animal feed must be previously denatured under the conditions laid down by Decree of the Minister of agriculture.

«Art.D. 664-19.-producer organisations require the approval of the parcels on which the products withdrawn from the market, are applied after denaturation, the prefect of the Department where the parcels are located. ''
'For each spreading operation, the producer organisation shall establish a spreading sheet she is holding at the disposal of the services referred to in section D. 664 - 24'
"An order of the Minister in charge of agriculture fixed the deadline for filing of the application for the approval of plots, methods and authorized application thresholds, as well as the content of the form spreading.
"Art.D. 664-20.-farmers who wish to benefit from products withdrawn from the market in respect of animal feed are approved by the Director of the office, at the request of the producer organisation that provides them with the products. ''
«The Agency shall ensure that operators are able to meet the obligations laid down in 2 of article 84 of the Regulation (EC) No. 1580 / 2007 above.»
"An order of the Minister of agriculture says the methods of control of the quantities of products delivered to operators by the producer organisation.
"Art.D. 664 - 21.-I.-pursuant to article 103 4 d of Regulation (EC) No 1234 / 2007 above, Community financial assistance can reach 100% of the amount of actual expenditures in the case of withdrawal from the market of fruits and vegetables delivered for free to the following organizations:" 1 ° Œuvres of charity or charitable foundations;
«2 ° penal institutions, schools and public education institutions, colonies of holidays, hospitals and hospices of elderly.
"II. - mentioned in the I organizations wishing to receive free fruit and vegetables withdrawn from the market must seek prior approval of the Director of the Agency. It ensures that the applicant organization is able to meet the obligations referred to in article 84 of regulation 1 (EC) No. 1580 / 2004 above.
"An order of the Minister of agriculture fixed the list of supporting documents that must be attached to the application for approval, as well as the date limit for tabling it.
"III. the organizations referred to in 1 ° of the I are approved to ensure the free distribution of products, as appropriate, on the national territory, in the whole of the European Community or in third countries. Before you distribute them, they can transform the withdrawn products that they have been issued.
"IV. - when the body referred to in i. wishes to transfer products that provided to other organizations of the same kind, the complete list of these organizations is annexed to the decision of approval. In this case, the recipients of the products are themselves subject to the obligations laid down in the 1 of article 84 of the Regulation (EC) No. 1580 / 2004 above.
«Art.D. 664-22.-the products withdrawn from the market may be the subject of a transformation for non-food purposes or be distilled into non-food alcohol. ''
"Processors who wish to benefit from products withdrawn for this transformation are candidates with the Agency to the implementation by the Community tendering procedure.
"Only candidates who are able to meet the obligations laid down in 2 of article 84 of the Regulation (EC) No. 1580 / 2004 above may take part in the procedure. ''
'Is declared winner, for a period of one year, the transformer which proposes to distribute for free to the agencies listed at 1 ° of the article I D. 664 - 21 the largest proportion of these products, once they processed.
«In the case of distillation of apples, pears, peaches, nectarines and nectarines, alcohol obtained grading more than 80% vol. is subject to a special denaturing in accordance with Regulation (EC) No. 1580 / 2007 Commission, and is intended for industrial and non-food use.»
«Art.D. 664-23.-each year, the producer organisations or their associations aimed at regional customs services a request for agreement of the places where the products withdrawn may be subject to the checks provided for in article 110 of Regulation (EC) No. 1580 / 2007.» An order of the Minister responsible for fixed agriculture: "1 ° the terms technical and administrative agreement of places;
«2 ° the deadlines for filing of agreement. ''
«Art.D. 664 - 24.-I.-customs services carried out with each organization of producers of the first level of withdrawal operations controls, under the conditions referred to in article 110 of Regulation (EC) No. 1580 / 2007 above.»
"II. - when the destination of products withdrawn from the market is the free distribution, the first level controls are on 10% of the quantities withdrawn by the producer organisation concerned during the marketing year.
"The terms of withdrawal operations control, particularly amongst the beneficiaries referred to in article D. 664 - 21, are specified by order of the Minister responsible for agriculture. ''
«Art.D. 664 - 25.-L'office performs the second level controls of withdrawal under the conditions referred to in article 111 of Regulation (EC) No. 1580 / 2007 above.»
'An order of the Minister of agriculture says the methods of control of second level of withdrawals for spreading products, referred to in article D. 664 - 19.'
«Section 5 "green harvesting and crop «Art.D.»» 664-26.-producer organisations shall notify to the Agency the crop and green harvesting operations defined in article 85 of Regulation (EC) No. 1580 / 2007 noted above, under the conditions defined in article 86 of the regulations.
"After each operation, they provide a certificate of green harvesting and crop.
"An order of the Minister of agriculture fixed the list of the products concerned, the amount of payments per hectare paid in compensation, as well as the content and the procedures for notification and mailing of the certificate of green harvesting and crop.
«Art.D. 664-27.-UNRWA services perform controls on site previously and subsequently to green harvesting or crop, operations under the conditions defined in article 112 of Regulation (EC) No. 1580 / 2007 above.»
«Underway or at the end of the campaign, the Agency may carry out soil analyses by sampling, in order to verify the absence of risk of harm to the environment. It shall verify in particular that green harvesting and crop methods implementations conform to the specifications established by the interprofessional technical centre for fruit and vegetables.
«Section 6 ' controls 'Art.D.»» 664-28.-for the purposes of article 100 of Regulation (EC) No. 1580 / 2007 of the Commission of December 21, 2007, a decree of the Minister of agriculture fixed the unique identification system, in accordance with Decree No. 73-314, March 17, 1973, on the establishment of a national identification and a directory system companies and their institutions, applied to all aid applications submitted by a same producer organisation or association of producer organisations.
«Section 7 "provisions various «Art.D.»» 664-29.-for the granting of the aid referred to in 6 of section 182 of the regulations (EC) No 1234 / 2007 above, the prefect ensures the processing of applications for the account of the paying body designated in accordance with article 6 of Regulation (EC) No. 1290 / 2005 Council of June 21, 2005. The terms of this statement are established by agreement between the paying agency and the Minister of agriculture. ' Article 2 more on this article...

The Minister of agriculture and fisheries is responsible for the execution of this Decree, which shall be published in the Official Journal of the French Republic.


Done at Paris, on September 16, 2008.
François Fillon Prime Minister: the Minister of agriculture and fisheries, Michel Barnier