Key Benefits:
Minister of Agriculture and Fisheries and Minister of Budget, Public Accounts and Public Service,
Given the rural code, includingarticle L. 234-4 ;
Vu le Decree No. 90-437 of 28 May 1990 setting out the conditions and procedures for the payment of costs caused by the movement of civilian personnel on the metropolitan territory of France when they are responsible for the budgets of the State, national administrative public institutions and certain subsidized agencies;
Vu le Decree No. 2009-728 of 19 June 2009 establishing a compensation measure and setting out the specific terms and conditions for the estimation of animals killed and foods and products destroyed by order of the administration during the contamination of agricultural products,
Stop:
The amount of compensation provided by the Decree No. 2009-728 of 19 June 2009 is estimated at the cost of administration by two experts on the basis of the replacement value of animals and the commercial value of goods and products.
The replacement value includes the objective market value of each animal considered and the costs directly related to the renewal of the livestock as defined in section 2, as determined by the terms defined in Schedules I and II or Appendix III for the animals of the pig species.
If the female gestation status is proven, it is taken into account in determining the objective market value of the productions and animals described in section 1. Births occurring between expertise and slaughter do not result in additional compensation.
The objective market value is determined without taking into account the premiums to which animals covered by the slaughter decision are likely to qualify.
For application of theArticle 2 of Decree No. 2009-728 of 19 June 2009 referred to abovethe owner of the animals chooses, in the lists of experts established by the prefect for the estimation of compensations provided for in theArticle L. 221-2 of the Rural Code, one expert from each category, one on the list of the breeding establishment department, the other on the list of a neighbouring department.
The chosen experts may not be related to the owner of animals, foodstuffs and products, reside in the same municipality or have commercial ties with it. In the event of a refusal by the breeder to select experts or deficiencies from the experts, the departmental director of veterinary services shall, on his or her own motion, appoint them.
The expertise takes place to the extent possible with the joint presence of the two experts. It gives rise to a joint written report signed by the two experts, identifying each animal, animal group, foodstuffs or products and motivating their estimation. In case of disagreement, reference is made to the report. Where appropriate, two separate reports are prepared.
The report mentions the time spent and the distances travelled by each expert for the mission of expertise.
The report is communicated by the experts, as soon as possible, to the departmental director of veterinary services, who transmits it, for any comments to be made, to the owner of animals or goods and products.
Where the expertise concerns animals other than cattle or when the number of cattle concerned is less than ten, the expertise may be carried out by a single expert selected in the lists of experts prepared by the prefect for the estimate of compensation provided for in Article L. 221-2 of the Rural Code.
When the value of replacement estimated by the experts exceeds the base amount as defined in Appendix II on average by class of animals of the species concerned, the report must detail the reasons for this increase, particularly in relation to the characteristics and performance of the herd.
When the value of replacement estimated by experts exceeds exceptionally, for the species concerned, the sums increased as defined in Appendix II on average by animal category, are calculated based on genetic or performance indices or any other objective criteria. The evidence relating to these indices or criteria is attached to the report of expertise.
The replacement value of animals belonging to a class of animals not covered by this Order must be supported by any relevant supporting evidence.
To determine the commercial value of foodstuffs and products, experts rely, among other things, on purchase or sales invoices, prices and an inventory statement. These documents are attached to the report of expertise.
The expert report(s) shall be instructed by the prefect of the establishment department to compensate (departmental director of veterinary services), who may apply for the production of any additional elements to assess the commercial value of the foodstuffs and products or the replacement value of the animals and the advice of the general manager of the food, in particular in the cases defined in the fourth paragraph of Article 4.
The prefect then stops the final amount of compensation and notify the owner of the animals, foodstuffs or products.
For the animal categories of the species concerned, this amount cannot exceed the capped amounts defined in Appendix II.
I. ― Compensation for the objective market value of animals is paid to the breeder upon presentation of the evidence of the slaughter of all the animals covered by the decision and, where applicable, of their slaughter. Animals who have died after the expertise are not compensated.
Compensation for expenses directly related to the renewal of the livestock is paid on the basis of the following evidence:
― for inlet health costs: invoices for exposed costs;
― approach and transportation costs, as well as additional requirements for repopulation: renewal animal purchase invoices;
- for disinfection costs: invoice for disinfection operations;
for production losses: accounting evidence.
Compensation for foodstuffs and products is paid in the light of the relevant supporting documents referred to in Article 6 and an attestation of their destruction.
II. ― The state allowances provided to compensate for losses resulting from the elimination of animals must be paid to the owner of the animals.
In the event that the owner of the animal is not the owner of the animal, he cannot claim compensation unless he provides the director of the veterinary services with a written discharge, to his benefit, signed by the owner and certified by the mayor of the municipality.
Where a dispute arises with respect to the property of the animals eliminated, the corresponding compensation shall be recorded with the Caisse des dépôts et consignations until the amicable or judicial settlement of the aforementioned dispute.
With respect to both leased animals and animals maintained in full ownership by the breeder, the slaughter allowances are paid to the different rights holders for the sole-owned animals, upon presentation to the Director of Veterinary Services of supporting documents authenticating their property.
III. ∙ The benefits provided by this Order shall not be awarded in the following cases:
1° Death of an animal, whatever the cause;
2° Non-compliance with health regulations relating to animal movements;
3° Animals disposed of outside the time limits set by the departmental director of veterinary services;
4° Animal sold according to the "no guarantee" mode or sold at a price deemed abusively low by the Director of Veterinary Services;
5° Any circumstances that reveal an abusive intention of the breeder in order to divert the regulation of his object.
However, in the event that the owner is challenged under this article, the decision shall be taken by the prefect.
Experts responsible for the estimation of animals or goods and products ordered to be slaughtered or destroyed in the circumstances set out in Article 1 shall be paid at the time of the vacation of which the hourly rate is set at 1/200 of the remuneration of a State officer classified in the gross index 896. The rate of the semi-time vacation is set at half the rate of the hourly vacation.
The lump-sum reimbursement of all travel expenses is calculated on the basis of the "turn-return" distance between the chief town of the commune where the expert and the chief town of the municipality resides where the animals or goods and products whose slaughter or destruction have been ordered are held. The rate of this reimbursement shall be based on the personal vehicle used by the expert, by the formula: (20 t1 + 80 t2): 100, in which t1 and t2 represent respectively the unit rates provided for in the two tranches of 0 to 2 000 and 2 001 to 10,000 kilometers by the order setting the rates of the kilometric allowances provided for in sections 31 and 32 of Decree No. 90-437 of 28 March 1990 referred to above.
It can only be allocated a lump sum refund per day for a trip to the same municipality. If, in the same day, estimates of animals, foodstuffs or products are made by the same expert in several communes, the distance to be taken into account must be the shortest circuit.
The Chief Food Officer and the Budget Officer are responsible, each with respect to him, for the execution of this Order, which will be published in the Official Journal of the French Republic.
A N N E X E I
The State participates in fees directly related to the renewal of the livestock under the following conditions:
A. ― Animals of the bovine species
1. Introductory sanitary fees:
― sanitary expenses related to the introduction of reintroduced animals, within the limit of the number of animals to be disposed of and present at the date of expertise.
2. Approach and transportation costs:
― lump-sum participation of 75 euros per reintroduced animal, within the limit of the number of animals present at the date of the expertise.
3. Disinfection costs of buildings and livestock equipment:
- where applicable, 75% of the cost of disinfection carried out by a registered company.
4. Additional requirements for replication:
15% of the objective market value of reproductive females over 24 months of age present at the date of expertise.
5. The momentary production deficit resulting from animal slaughter:
- for dairy farms, this allowance is based on the production marketed over the period of the previous year corresponding to the three months following the date of the expertise, at the average selling price realized over this period, reduced the cost of food concentrates;
― for meat-producing breast-feeding, this deficit will be evaluated by a difference between the expected boucher value at the end of the feeding of maintained animals to be slaughtered for butchery within a maximum of one year and their objective market value at the date of the expertise, after deducting the cost of their diet.
B. ∙ Animals of ovine and caprine species
1. Introductory sanitary fees:
– sanitary expenses related to the introduction of reintroduced animals, within the limit of the number of animals to be disposed of and present at the date of expertise;
― in respect of ovine shaking, the cost of genotyping for the renewal of sensitive and highly sensitive animals shot down within one month after the declaration of the home is covered under the conditions defined by joint decree of the ministers responsible for agriculture and budget.
2. Approach and transportation costs:
― lump-sum participation of 5 euros per reintroduced animal, within the limit of the number of animals present at the date of the expertise.
3. Disinfection costs of buildings and livestock equipment:
75% of the cost of disinfection carried out by a registered company.
4. Additional requirements for overlapping:
15% of the objective market value of reproductive females over 6 months to be eliminated, present at the date of expertise.
5. Timed production deficit resulting from animal slaughter:
- for dairy farms, this allowance is based on the production marketed over the period of the previous year corresponding to the six months following the date of the expertise, at the average selling price realized over this period, reduced the cost of food concentrates;
― for meat-producing breast-feeding, this deficit will be evaluated by a difference between the expected boucher value at the end of the feeding of maintained animals to be slaughtered for butchery within a maximum of six months and their objective market value at the date of the expertise, after deducting the cost of their feeding.
A N N E X E I
The amounts of this schedule apply to the replacement value as defined in section 2.
The sums shown in this annex cannot be exceeded.
For the caprine and ovine species, the replacement values, which incorporate the milk production losses, must be modulated according to the duration separating the slaughter date from the usual end of the dairy production campaign.
1. Grid applicable to bovine animals
| Veals less than 1 month | 115 | 173 |
| Fertilizers from 1 to 6 months | 500 | 750 |
| Broutards of breastfeeding race less than 12 months | 600 | 900 |
| Young bovines for 6 to 24 months | 650 | 975 |
| Breeding femelles from 1 to 24 months | 750 | 1 125 |
| Females over 24 months | 1 400 | 2 100 |
| Reproductive stains over 24 months | 1 550 | 2 325 |
2. Grille applicable to ovine animals
| Butcher lamb | 40 | 80 |
| Strawberry and nursing sheep | 195 | 245 |
| Agnels and dairy sheep | 195 | 245 |
| Reproductive pupils | 150 | 200 |
3. Grid applicable to caprine species animals
| Horses | 8 | 15 |
| Horses for reproduction | 160 | 220 |
| Lips | 160 | 600 (transformation on the farm) 540 (waste collected) |
| Bottles | 200 | 250 |
A N N E X E I I
For pig production, the replacement value includes:
― the additional requirements, relative to the normal production activity, generated by the potential breeding replication. These requirements include the additional objective market value, relative to normal activity, of the breeders purchased and the transportation, food and veterinary expenses associated with it;
― the loss of profits caused by the momentary stoppage of production resulting from the slaughter of animals and a possible health vacuum imposed by the administration. It is represented by the difference between the selling price of finished products and the veterinary and food costs, estimated over the production stop period;
- the potential cost of disinfection of buildings and livestock equipment up to 75% of the cost of disinfection carried out by a registered company.
The method of calculating the replacement value is adapted according to the types of production: nouns, nouns, fats, selectors, multipliers.
The estimation of the replacement value is based on an expertise that takes into account, at the written request of the breeder, the case of a continuation of activity (it specifies the production system that it wishes to continue), or the case of a cessation of activity.
Any change in the production system during the resumption of activity will be considered a cessation of activity of the previous production system.
The reference values for the carcass price are those of the day of expertise (price to the dial); other costs (food, veterinary, disinfection, transportation and reproductive purchases) are borne by the administration on presentation of supporting documents (charged invoices, technical results, accounting results, food prices).
The number of references of breeders taken into account by the administration for their renewal may not exceed that of live breeders present on the day of the expertise.
Done in Paris, June 19, 2009.
Minister of Agriculture and Fisheries,
Michel Barnier
Minister of Budget, Public Accounts
and the Public Service,
Eric Woerth
