Key Benefits:
Minister of Agriculture and Fisheries and Minister of Budget, Public Accounts and Public Service,
Having regard to Council Regulation (EC) No. 1290/2005 of 21 June 2005 on the financing of common agricultural policy;
Having regard to Council Regulation (EC) No. 1698/2005 of 20 September 2005 on support for rural development by the European Agricultural Fund for Rural Development (FEADER);
Having regard to Council Regulation (EC) No. 479/2008 of 29 April 2008 on the joint organization of the wine market, amending regulations (EC) No. 1493/1999, (EC) No. 1782/2003, (EC) No. 1290/2005 and (EC) No. 3/2008, and repealing regulations (EEC) No. 2392/86 and (EC) No. 1493/1999;
Having regard to Council Regulation (EC) No. 485/2008 of 26 May 2008 on the controls, by member States, of operations part of the financing system by the European Agricultural Guarantee Fund;
Having regard to Commission Regulation (EC) No. 555/2008 of 27 June 2008, setting out the terms and conditions for the application of Regulation (EC) No. 479/2008 of the Council carrying out the joint organization of the wine market, with regard to aid programmes, exchanges with third countries, production potential and controls in the wine sector;
Considering the Commission ' s recommendation of 6 May 2003 on the definition of micro, small and medium-sized enterprises (2003/361/EC);
Considering the Community's guidelines for State aid in the agricultural and forestry sector 2007-2013 (2006/C 319/01);
In view of Book VI of the Rural Code;
Vu le Decree No. 99-1060 of 16 December 1999 relating to State subsidies for investment projects and amended Decree No. 2003-367 of 18 April 2003;
Vu le Decree No. 2009-178 of 16 February 2009 defining in accordance with Commission Regulation No. 555/2008 of 27 June 2008 the modalities for the implementation of the measures adopted under the national plan of assistance to the wine sector financed by the national envelopes defined by Regulation (EC) No. 479/2008 of the Council of the European Union of 29 April 2008;
In the light of the advice of the Conseil de direction specialized in the field of wines of the National Interprofessional Office for Fruit, Vegetables, Wine and Horticulture (VINIFLHOR) of 18 February 2009,
Stop:
Pursuant to Articles 7 and 15 of the above-mentioned Regulation (EC) No 479/2008 andarticle 2 of the decree of 16 February 2009 referred to above, are defined the conditions and modalities for the implementation of the Community financial support measure for investments in wine-making enterprises.
Establishment created pursuant toArticle L. 621-1 of the Rural Code, competent in wine, is responsible for the implementation of the assistance program.
The maximum amount of the expenses of the establishment referred to in section 2 for the measure covered by this Order shall be that validated by the Commission following the submission by the French authorities of the assistance program in accordance with section 5 of Regulation (EC) No 479/2008.
Can be assisted by the eligible expenditures referred to in sections 17 and 18 of Regulation (EC) No. 555/2008 and corresponding to expenses relating to:
― at the so-called "upstream" stages of production, from the receipt of the harvest to the included vinification;
― at certain so-called "backstream" stages of production, intended for the packaging and storage of small containers;
― to the construction of buildings corresponding to both the so-called upstream and downstream stages.
The list of eligible investments is set by the director of the establishment designated in section 2.
Assistance for the purchase of used equipment can be granted to micro, small and medium-sized enterprises as per the Commission's recommendation of 6 May 2003 (2003/361/EC), where the reduced cost of this equipment is likely to represent a first useful step towards modernization, especially for those from a very low technical level with little capital. The director of the establishment referred to in section 2 of this Order shall determine by circular the terms and conditions for granting such assistance.
The measure referred to in section 1 of this Order shall be implemented under the following conditions:
1. Investment programs specify the list of investments requested in accordance with the provisions of Article 4 of this Order.
2. Assistance shall be granted by decision of the director of the establishment designated in section 2, after the advice of the commission composed of experts.
3. The rates of assistance applied may be adjusted according to objective criteria, community participation in shares and investments remaining capped at the rates set out in section 15 of Council Regulation (EC) No 479/2008.
4. Assistance is granted as a grant. The beneficiary of the investment assistance may request an advance, pursuant to section 19 of Regulation (EC) No. 555/2008, if it constitutes a deposit equal to 110% of the amount of the advance.
5. The terms and conditions for payment of assistance are determined either by an established agreement between the establishment designated in section 2 and the beneficiary of the assistance, or by a decision of the director of that institution.
6. The recipient may request changes to its investment program within the limit of the amount of the originally allocated grant.
All provisions of this section are specified in the circular of the director of the establishment referred to in section 2.
Pursuant to paragraph 5 of Article 15 of Council Regulation (EC) No. 479/2008, the participation of the FEAGA shall remain acquired in an investment transaction only if the transaction does not, within a period of five years from the funding decision, have any significant changes within the meaning of the provisions of Article 72 of Council Regulation (EC) No. 1698/2005.
The recipient has an obligation to retain all of the aid documents issued during the two calendar years following that in which the aid balance was paid.
The establishment designated in section 2 controls the compliance of the recipient's use of community funds and performs the necessary accounting and financial audits with the recipient.
With the exception of advances covered by a guarantee, assistance is paid after making the investments that have been the subject of the application, duly recognized as a result of on-site control.
Records filed in the relevant services:
- under Council Regulation (EC) No. 1698/2005 of 20 September 2005 concerning support for rural development by the European Agricultural Fund for Rural Development (FEADER);
― under the circular concerning the establishment by VINIFLHOR of material investment assistance in special wine cellars No. 2007/02 of 23 July 2007 and its accession No. 2008/03 of 3 March 2008 (State aid No. 485/2007),
before the date of issue of this Order and which has not been programmed or has not been notified of the grant in that capacity, may be deposited under this device for the party concerned.
Pursuant to this section, only records for which all invoices have been paid after the program's submission date, effective 9 September 2008.
The Budget Director and the Director General of Agricultural, Agri-Food and Territories Policy are responsible, each with regard to the execution of this Order, which will be published in the Official Journal of the French Republic.
Done in Paris, April 17, 2009.
Minister of Agriculture and Fisheries,
For the Minister and by delegation:
Deputy Executive Director
Agricultural, Agri-Food Policy
Territories,
Head of the Agricultural Production Service,
V. Metrich-Hecquet
Minister of Budget, Public Accounts
and the Public Service,
For the Minister and by delegation:
By preventing the Budget Director from:
The Deputy Director,
A. Phélep
