Key Benefits:
Minister of Food, Agriculture and Fisheries,
Vu le Rural code ;
Given the Social Security Code, including Article R. 155-2;
Vu le Financial courts code ;
Vu le Decree No. 87-389 of 15 June 1987 modified for the organization of central administration services;
Vu le Decree No. 92-604 of 1 July 1992 amended with the charter of the deconcentration;
Vu le Decree No. 97-464 of 9 May 1997 amended on the establishment and organization of services with national jurisdiction;
Vu le Decree No. 2008-636 of 30 June 2008 Amending the organization of the central administration of the Ministry of Food, Agriculture and Fisheries;
Having regard to the decision of 30 June 2008 on the organization and responsibilities of the General Secretariat;
Having regard to the Order of 9 November 2009 establishing a nationally competent service known as the "National Mission, Control and Audit of Social Security Organizations", in particular its Article 4;
Considering the advice of the special technical committee of the General Secretariat of the Ministry of Food, Agriculture and Fisheries of 6 November 2009;
In view of the advice of the Central Joint Technical Committee on Deconcentrated Services of the Ministry of Food, Agriculture and Fisheries of 20 November 2009,
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It is created a national jurisdictional service called the "Mission d'audit, d'évaluation et de contrôle des organismes de protection sociale agricole" attached to the Director of Financial, Social and Logistics Affairs.
The audit, evaluation and oversight mission of agricultural social welfare agencies includes a Chief of Mission, auditors and officers responsible for contributing to its operation.
Under the conditions provided for in Book VII of the Rural Code and Social Security Codeand in particular pursuant to the provisions mentioned in Articles 4 and 5, the audit, evaluation and oversight mission of agricultural social welfare agencies is responsible, throughout the national territory and under the authority of the Director of Financial, Social and Logistics Affairs, for the protection of local agricultural social welfare bodies.
Under the conditions provided for in articles 6 and 7, it carries out monitoring missions on agricultural welfare agencies and evaluates their performance.
It supports the development of projects that contribute to the improvement of the performance of the management of agricultural social mutuality.
Under its guardianship mission on the actions of agencies involved in agricultural social protection, the mission, inter alia, has competence to:
― verify the conformity of the statutes and rules of procedure of local organizations of agricultural social mutuality for their approval by the prefect pursuant to article R. 723-3 of the rural code;
― controlling affiliation and ordering the delisting of agricultural social insured persons, pursuant to article R. 722-37 of the rural code;
― controlling the deliberations of the boards of the local agricultural social mutuality organizations relating to the conclusion of management agreements on behalf of third parties under section R. 723-21 of the rural code;
― controlling insurance companies or corporate groupings, referred to in articles L. 731-31 and L. 752-14 of the rural code, entitled to participate in the management of health insurance, occupational accidents and occupational diseases of non-salarie agricultural workers under section R. 731-116 of the rural code;
― controlling the farm social mutuality funds for their activity relating to the mandatory supplementary pension of the farmers under section D. 732-164 of the rural code;
― controlling the legality of decisions taken by the friendly appeal boards established by theArticle R. 142-1 of the Social Security Code on delegation of the boards of the local bodies of agricultural social mutuality;
― controlling the legality of decisions taken by the group established by Article L. 752-4 of the Rural Code under theArticle R. 142-48 of the Social Security Code ;
― controlling the legality of decisions of local organizations of agricultural social mutuality Articles R. 152-2, R. 152-3the second paragraph of thearticle R. 152-4 and ofarticle R. 152-5 Social Security Code.
The mission is also competent to:
― to establish an ex officio budget or to register a credit, in the event of a deficiency, pursuant toArticle R. 153-6 of the Social Security Code ;
― controlling the application by local organizations of agricultural social mutuality of the legislation relating to the service of the solidarity allowance to the elderly, under theArticle R. 815-56 of the Social Security Code ;
― to appeal to the National Court of the Inability and Costing of Industrial Accident Insurance under theArticle R. 143-21 of the Social Security Code ;
- to enforce the status of sums in case of summary proceedings under the conditions set out in article R. 725-20 of the rural code;
― controlling the legality of the contracts and framework agreements passed according to the procedure adapted to the application of theArticle L. 124-4 of the Social Security Code.
With regard to the staff of agricultural social welfare agencies, the mission is competent to:
- authorize the derogation of the non-cumul rule of the functions set out in article D. 723-157 of the rural code;
― to put into play the personal and financial responsibility of the accounting officer under theArticle D. 122-13 of the Social Security Code and the granting of the quitus under the conditions mentioned in article D. 122-19 of the same code;
― to instruct applications for registration on the eligibility list for management positions of local agricultural welfare agencies in accordance with the order provided for in the orderArticle R. 123-45 of the Social Security Code ;
∙ to instruct applications for registration on the Medical Counselling Service List of officers of local agricultural welfare institutions pursuant to the order provided for in section D. 723-145 of the Rural Code;
― Accrediting management and accounting officers of local agricultural social mutuality organizations under theArticle R. 123-49 of the Social Security Code ;
― suspending management and accounting officers from local agricultural social mutuality organizations under theArticle R. 123-52 of the Social Security Code ;
∙ issue the notice in accordance with the designation of an interim accountant under section D. 723-187 of the rural code.
Without prejudice to the missions of the General Council for Agriculture, Food and Rural Areas, the mission carries out the evaluation and audit of agricultural social welfare organizations and the monitoring of these organizations. It also operates targeted controls of local agricultural welfare agencies at the request of the Court of Accounts, in accordance with theArticle R. 134-5 of the Financial Courts Code.
It can conduct unscheduled surveys of local funds of agricultural social mutuality.
The evaluation and audit program implemented by the mission is defined by the steering committee set out in section 4 of the 9 November 2009 Order establishing a national jurisdiction service called "National Monitoring and Audit Mission of Social Security Organizations". This program includes:
- on the one hand, the themes of common evaluation and auditing to all social security organizations;
―on the other hand, specific themes to organizations of agricultural social mutuality, proposed by the director of financial, social and logistical affairs to the ministry responsible for agriculture.
The national mission provides an annual assessment of its activity to the Minister for Agriculture and the Minister for Social Security.
This Order shall take effect from 1 January 2010.
The Director of Financial, Social and Logistics Affairs at the Ministry of Food, Agriculture and Fisheries is responsible for the execution of this Order, which will be published in the Official Journal of the French Republic.
Done in Paris, December 8, 2009.
Bruno Le Maire
