Key Benefits:
Minister of State, Minister of Ecology, Energy, Sustainable Development and Land Management, Minister of Agriculture and Fisheries and Minister of Budget, Public Accounts and Public Service,
Having regard to Council Regulation (EC) No. 1090 / 2005 of 21 June 2005 on the amended Common Agricultural Policy;
Having regard to Council Regulation (EC) No. 1698 / 2005 of 20 September 2005 concerning support for rural development by the amended European Agricultural Fund for Rural Development (FEADER);
Considering Council Regulation (EC) No 1944 / 2006 of 19 December 2006 amending Regulation (EC) No 1698 / 2005 concerning support for rural development by the European Agricultural Fund for Rural Development (FEADER);
Having regard to Commission Regulation (EC) No. 885 / 2006 of 21 June 2006 on the terms and conditions for the application of Commission Regulation (EC) No. 1290 / 2005 with respect to the accreditation of payers and other entities and the performance of the accounts of the amended FEAGA and FEADER;
Having regard to Commission Regulation (EC) No. 1320 / 2006 of 5 September 2006 establishing transitional rules for support for rural development provided for in Council Regulation (EC) No. 1698 / 2005;
Having regard to Commission Regulation (EC) No. 1974 / 2006 of 15 December 2006 concerning the application of Council Regulation No. 1698 / 2005 on support for rural development by the amended European Agricultural Fund for Rural Development (FEADER);
Having regard to Commission Regulation (EC) No. 1975/2006 of 7 December 2006 on the terms and conditions for the application of Council Regulation No. 1698/2005 with respect to the application of control and conditionality procedures for measures to support the modified rural development;
Considering the hexagonal rural development programme 2007-2013 (PDRH) as amended and approved by decisions of the European Commission on 19 July 2007, 26 June 2008 and 9 January 2009;
In light of Act No. 2000-321 of 12 April 2000 on the rights of citizens in their relations with the administration, including its article 10 ;
Considering the rural code, including Book III;
Vu le Decree No. 99-1060 of 16 December 1999 relating to State subsidies for investment projects, as amended by Decree No. 2003-367 of 18 April 2003;
Vu le Decree No. 2000-675 of 17 July 2000 taken for the application of Article 10 of Decree No. 99-1060 of 16 December 1999 on State subsidies for investment projects;
Vu le Decree No. 2001-495 of 6 June 2001 taken for the purposes of section 10 of Act No. 2000-321 of 12 April 2000 on the financial transparency of aids granted by public persons;
Vu le Decree No. 2004-762 of 28 July 2004 relating to environmental protection operations in rural areas;
In view of the decree of 27 August 2001 setting out the list of authorities outside the State whose consultation interrupts the period provided for in Article 5 of Decree No. 99-1060 of 16 December 1999 on State subsidies for investment projects;
See?5 June 2003 relating to the constitution of the file for a state subsidy application for an investment project;
In view of the Decree of 25 July 2006 on the environmental protection operation in rural areas on the protection of herds against predation;
In view of the Order of February 19, 2007, approving expenditure-paying organizations funded by agricultural expenditure funds,
Stop:
In accordance witharticle 1 of the decree of 28 July 2004 referred to above, it is created an environmental protection operation in rural areas related to the protection of herds against wolf.
This OPEDER implements the measure of "prevention of the attacks of large predators on the herds" within the framework of the integrated pastoralism scheme of the hexagonal rural development programme 2007-2013 and includes various options aimed at fostering the strengthened herd care and the consolidation of herds.
The following five options can be subscribed:
Option 1: Reinforced guarding;
Option 2: electrified mobile reunification park;
Option 3: Protection dogs;
option 4: electrified reinforced protection grazing park;
Option 5: Vulnerability analysis.
The specifications of the measure are defined by a circular from the Minister of Agriculture and Fisheries.
OPEDER large predators is implemented through contracts for the protection of the environment in rural areas and for the prevention of predatory attacks on herds (CPEDER for the protection of herds against attacks by large predators).
The options subscribed in large predators CPEDER are defined according to the characteristics of the presence of predators, livestock and pastoral practices in order to obtain a better possible protection of herds against predation.
The prefect stops the list of communes or parts of communes where the OPEDER large predators applies. For this purpose, it takes into account the damage data found to the herds held as part of the investigation of damage compensation records and the biological presence index data transmitted by the National Office for Hunting and Wildlife, held as part of the follow-up to the species. The municipalities concerned are classified in two areas called "Circle 1" and "Circle 2".
The "Circle 1" includes areas where predation on domestic livestock has been observed once or more over the past two years.
Circle 2 includes areas where prevention actions are required as a result of the possible occurrence of wolf predation during the current year.
cannot be classified as a "Circle 1" of municipalities or parts of municipalities where no likely or confirmed presence index or presence index has been identified for two consecutive years.
However, communes or parts of communes enclaved between communes or parts of communes of "Circle 1" or which are adjacent to such communes and include a pastoral entity in coherence with these latter may be included in "Circle 1" as long as the risk of predation is high.
The Order is taken annually by 28 February. In particular, municipalities or parts of municipalities must be removed from Circle 1 as long as no likely or confirmed NFB presence has been identified for two consecutive years. In the event of a proven predation on a commune or part of a commune and on the basis of the additional data transmitted by the NCFS, the prefect may complete the above-mentioned order until 1 May.
CPEDER large predators is not exclusive to other public support provided to farmers.
Can conclude a large predators CPEDER 1°, 2° and 3° of Article 2 of the decree of 28 July 2004 referred to above as well as, in accordance with the 4th of the same article, pastoral land associations and pastoral groupings in charge of sheep and captives as long as such persons, associations or groupings exercise at least thirty days of peace in the "circles 1 and 2".
The natural persons referred to in the 1st of Article 2 of the above-mentioned Decree must be at least 18 years of age and under 60 years of age at 1 January of the year of filing the application.
The CPEDER large predators is concluded for a period of one year and the options are subscribed according to the pasture duration in the first and second circles.
When the subscriber carries out his grazing activity in circle 1 for at least thirty consecutive days:
6.1. Options of the measure of "prevention of attacks of large predators on herds" can all be subscribed under the conditions specified in the annex.
6.2. The recipient undertakes to implement the protection of his flock in accordance with the terms and duration corresponding to the size of his flock and his pastoral journey.
When the subscriptor exercises its grazing activity in the "circles 1 and 2" more than thirty consecutive days but less than thirty consecutive days in the "circle 1":
7.1. Options 1, 4 and 5 referred to in Article 1 are not available. Recipients undertake at least one of the two options 2 or 3 mentioned above.
7.2. The breeder undertakes to implement the protection of his flock in the manner and for the duration corresponding to the size of his flock and his pastoral journey.
Supports are allocated for a whole herd defined as a driving unit, in return for commitments made.
The flock corresponding to the grouping of the livestock of several breeders is thus considered to be a single herd for the period in which it is grouped. During this period of consolidation, a single contract for the protection of the environment in rural areas can be concluded under the herd. Apart from this grouping period, breeders can enter into an individual contract.
The amounts corresponding to each option shall be set in the annex to this decision.
The amounts of the guardianship aids are calculated according to the time during which the herd is in the first circle. Periods where the herd remains in herds permanently are excluded.
For investments, an eligible expenditure limit is set out in the annex to this Order for each investment.
The maximum amount of herd assistance under an environmental protection contract in rural areas (deduction of the amount of assistance related to vulnerability analysis) is:
5,700 €/year for herd category up to 150 animals;
8,200 €/year for the herd category from 151 to 450 animals;
13,200 €/year for herd category from 451 to 1,200 animals;
14 200 €/year for herd category of more than 1,200 animals.
For the first three categories of herds, these ceilings are increased by €1,000 when the option for the installation of pasture parks specified in the annex is implemented.
In the departments of the Alpes-Maritimes, the Alpes-de-Haute-Provence, the Hautes-Alpes, the Drôme and the Var, these maximum amounts are increased by 25% for herds that spend more than eight months on grass.
For pastoral land associations and pastoral groupings, these ceilings apply only to herds of up to 150 animals. For other categories, the maximum ceiling may be exceeded, but not more than twice the amount fixed for the category under review.
The amount of assistance is calculated on the basis of 80% of the eligible expenditure within the limit of the ceiling amounts. The grant rate is increased to 100% for education expenditures.
The herd size category is the actual workforce reported by the applicant. The instructor service carries out a consistency check of this statement of staff on the basis of the information available to it, including the transhumance statements made by the departmental directorates of veterinary services, the declaration of the bonus to the sheep, the certificate issued by the prefect following an on-site visit, the pasture notebook of the previous year or the lambing notebook.
The duration of the pasture in the first or second circle is calculated on the basis of the pasture notebook duly completed by the aid recipient.
Payment of aids is provided by the registered payer for expenditures under the Rural Development Regulations.
Payment of aids is made upon presentation of the required supporting documents. The instructor service checks the eligibility of the expenses for which the recipient requests the payment of the assistance. In the event of a difference, the reductions under section 31 of Regulation (EC) No. 1975/2006 are applied.
The constitutive parts of the contract application file and the documents necessary for its payment are fixed by instruction of the Ministry of Agriculture and Fisheries. The prefect may set up a list of necessary complementary pieces within the framework of the pastoral policy of his department and subject to the fact that the demand is well in the administrative simplification measures.
Records are filed until May 30th. For the only year 2009, the deadline for filing applications is July 15, 2009.
Administrative and on-site controls are carried out in accordance with the provisions of Articles 25 to 31 of Regulation (EC) No 1975/2006 to verify compliance with the requirements for the granting of support. They are carried out, within the framework of their respective responsibilities, by the prefect and by the registered paying agency for expenses under the Rural Development Regulations.
Administrative control is comprehensive. It is made upon request for a contract and upon receipt of any supporting documentation. The conditions for the conduct of the on-site visit within the framework of the administrative control are defined by circular. Notwithstanding compliance with the obligations referred to inarticle 2 of the decree of 28 July 2004 referred to above, the contractor justifies, with the prefect, compliance with its commitments under the OPEDER major predators.
On-site controls cover all of the commitments and obligations related to the control-related CPEDER, which can be controlled at the time of on-site control.
In application of thearticle 6 of the decree of 28 July 2004 referred to above, subsidies may be reduced or deleted in the event of partial or total non-compliance.
13.1. For the Enhanced Custody option, a quantity deviation defined as the ratio expressed as a percentage between the amount of anomaly and the pasture duration actually performed in circle 1 is determined.
The amount of anomaly within the meaning of the first paragraph is the difference between the number of reinforced guard days declared in circle 1 in the context of a claim for payment and the pasture period actually carried out in the first circle.
If the gap is less than or equal to 20%, the farmer is not penalized.
If the difference is less than or equal to 50% and more than 20%, the farmer is required to pay the unduly collected, increased interest at the legal rate, and to pay the penalties established at the level of the difference.
If the difference is greater than 50% of the specified amount, the farmer is required to reimburse all of the aid received, increased interest at the legal rate.
13.2. For each of the other OPEDER options, non-compliance with the commitment results in the removal of the assistance provided for this option.
If the grazing notebook has not been completed over the entire period for the first or second circle, the support for the reinforced guarding option is also deleted.
13.3. If the number of animals found in administrative control or in on-site control is more than 3% above the limit of the flock size category declared in the recipient's request for assistance, the amount of the overall aid cap is that of the category declared by the recipient. In addition, a penalty corresponding to the difference, expressed as a percentage, between the number of animals reported and the number of animals found is applied.
Similarly, if the number of animals found in administrative control or on-site control is less than 3% on the floor of the herd size category declared in the aid application, the amount of the overall aid cap is that of the class determined in control. In addition, a penalty corresponding to the difference, expressed as a percentage, between the number of animals reported and the number of animals found is applied.
In both cases, the options to which the applicant may claim are those of the category found during the check.
13.4. The penalties set out in items 13.1, 13.2, and 13.3 of this article relate to the year of the finding of failure. If it is established that the breach also covers previous years, then, for these years, this breach is taken into account and the corresponding penalty set out in paragraphs 13.1, 13.2 and 13.3 of this article is due for these years considered and increased legal interests.
13.5. When the cumulative number of options is required by the terms of reference of the environmental protection operation in rural areas related to the protection of herds against predation, non-compliance with the commitments of one of these options results in non-payment of the amount of assistance for the year under review.
13.6. The total amount of refunds may not exceed the total amount of the aid received.
13.7. If the consistency of the commitment is questioned because of the importance of unfulfilled commitments, the prefect may terminate the contract.
In application of thearticle 7 of the decree of 28 July 2004 referred to abovethe concrete circumstances that may be taken into account in individual cases include:
- a withdrawal of more than 10% of the flock's workforce;
– the death of a herd protection dog following an accident or illness.
Cases of force majeure shall be notified to the instructor service by the operator or his or her right within 10 working days.
In application of thearticle 8 of the decree of 28 July 2004 referred to abovethe concrete circumstances that may be taken into account in individual cases include:
– a proven impossibility of hiring a competent person for the care of the flock and the unintended resignation of a shepherd or assistant;
– a proven impossibility of keeping a dog that has become dangerous especially for third parties;
- specific climatic or sanitary circumstances requiring adaptation of pasture durations.
These circumstances must be notified to the instructor service by the operator or his/her right within ten working days.
In the event that the recipient cannot continue the commitments made by the fact that the exploited pastoral surfaces are subject to a public intervention of development or restoration, measures are planned to adapt the commitments to the new situation of the breeder. If such an adaptation is impossible, the commitment will end without a refund being required.
When a farmer who is a beneficiary of an environmental protection contract in rural areas related to the protection of herds against predation assigns a substantial part of his flock to a rebirthist who already has a CPEDER, a new contract is established for the transferor and the rebirther in the conditions dictated by the new size of the herd.
The operation for the protection of the environment of rural areas covered by this decree is one of the measures 323 C of axis 3 of the Hexagonal Rural Development Programme 2007-2013 (PDRH) approved by the European Commission and as such aid can be co-financed by the European Agricultural Fund for Rural Development (FEADER).
The breeders who have chosen to retain the terms and conditions of the multi-year contracts they have subscribed under the previous rural development programming under measure T of the National Rural Development Programme remain subject to the regulatory provisions in force on the date of signature of the said contracts except as provided for in this Order.
Thearrested on 12 February 2008relating to the environmental protection operation in rural areas on the protection of herds against predation is repealed.
The Director of Planning, Housing and Nature of the Ministry of Ecology, Energy, Sustainable Development and Land Management, the Budget Director of the Ministry of Budget, Public Accounts and the Public Service and the Director General of Agricultural, Agri-Food Policy and the Territories of the Ministry of Agriculture and Fisheries are responsible, each with respect to it, for the execution of this Order, which will be published in the French Republic.
A N N E X E
MONTANTS PLAFONDS ET INTENSITÉ DE L'AIDE
| INVESTMENT TYPE | CATEGORY | MONTANT DES DÉPENSES GLOBAL PLAFONNÉ (2008-2013) |
| Electrified mobile pool option | Up to 450 animals | 1 575 € |
| 451 to 1,200 animals | 1 687,50 € | |
| More than 1,200 animals | 2 675 € | |
| Enhanced electrified protection pasture park option | Up to 1,200 animals | 20 000 € |
| Vulnerability analysis | Indifferent | 5 000 € |
| (*) Beyond €4,000 of expenditures over one or more years of programming, the realization of a vulnerability analysis is required. However, for the year 2009, the prefect may derogate from a decision based on this obligation. | ||
| INVESTMENT TYPE | CATEGORY of herds | MONTANT PLAFOND DEPENS |
| Protection dog option | ||
| Purchase of dogs (1) | Indifferent | 375 € per dog |
| Maintenance of dogs (2) | Indifferent | 815 € per dog |
| Sterilization | Indifferent | 250 € per dog |
| Conduct test (3) | Indifferent | 500 € per dog |
| (1) The prefect may exceptionally authorize the replacement of a recognized dog unfit for the herd protection function or recognized as aggressive and thus presenting a danger although the recipient has reached the end-to-end dog ceiling set for each Herd category by circular from the Ministry of Agriculture and Fisheries. (2) Maintenance of the dog funds the following expenses: veterinary fees, including care and treatments, identification, vacci- nation and food costs. (3) Multi-year contract holders referred to in section 19 also have access to this measure. | ||
Device 323 C " protection measures against predation (in circle 1) "
| 50 A 150 ANIMAUX VIAND | 1 (1) A 150 ANIMAUX LAIT | 151 A 450 ANIMAUX | 450 A 1 200 ANIMAL | + 1 200 ANIMAUX | |
| Options | 1 choice option + 1 optional option | 2 choice options + 1 optional option | 2 choice options + 1 optional option | Enhanced custodial option + 1 other option + 1 optional option | Reinforced guarding option + 1 other option (excluding pasture park) + 1 optional option (excluding pasture park) |
| Guardianship: hiring | Accessible | Accessible | Accessible | Accessible | Accessible |
| Guardianship: contribution in kind (CN). | Accessible: not cumulative with the PP. | Accessible: not cumulative with PP | Accessible: not cumulative with PP | Accessible: not cumulative with PP | Not accessible |
| Consolidation park | Accessible | Accessible | Accessible | Accessible | Accessible |
| Pasture Park (PP) | Accessible: not cumulative with CN | Accessible: not cumulative with CN | Accessible: not cumulative with CN | Accessible: not cumulative with CN | Not accessible |
| Protective dogs | 1 dog maximum | 2 dogs maximum | 2 dogs maximum | 4 dogs maximum | 5 dogs maximum |
| Analysis vulnerability | Optional except for PP ≥ 4 000 € | Optional except for PP ≥ 4 000 € | Optional except for PP ≥ 4 000 € | Optional except for PP ≥ 4 000 € | Optional |
| Global aid ceiling | Global aid ceiling: €5,700 per year | Global aid ceiling: €5,700 per year | Global aid ceiling: €8,200 per year | Global aid ceiling : €13,200 per year | Global aid ceiling : €14,200 per year |
| (1) The minimum size for this category is fixed by the prefectural order referred to in Article 2 of this Order. | |||||
Done in Paris, June 19, 2009.
Minister of Agriculture and Fisheries,
For the Minister and by delegation:
The Director General of Agricultural Policy,
agri-food and territories,
P. Vine
Minister of State, Minister of Ecology,
of energy, sustainable development
and landscaping,
For the Minister and by delegation:
The Deputy Director of Water
and biodiversity,
O. Gauthier
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
