Key Benefits:
The Prime Minister,
On the report of the Minister of Food, Agriculture and Fisheries and the Minister of Budget, Public Accounts, Public Service and State Reform,
Having regard to Council Regulation (EC) No. 2988/95 of 18 December 1995 on the protection of the financial interests of the European Communities;
Having regard to Commission Regulation (EC) No 796/2004 of 21 April 2004 amended on the terms and conditions for the application of conditionality, modulation and the integrated management and control system provided for in Council Regulation (EC) No 1782/2003 of 29 September 2003 establishing common rules for direct support schemes within the framework of common agricultural policy and establishing certain support schemes for farmers;
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. 247/2006 of 30 January 2006 on specific measures in the field of agriculture for the ultra-peripheral regions of the Union;
Having regard to Commission Regulation (EC) No. 793/2006 of 12 April 2006 on the modalities for the application of Regulation (EC) No. 247/2006;
Having regard to Commission Regulation (EC) No. 883/2006 of 21 June 2006 on the terms and conditions for the application of Commission Regulation (EC) No. 1290/2005 with respect to the holding of accounts of paying agencies, statements of expenses and revenues and the terms and conditions for reimbursement of expenditures under the FEAGA and 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, as well as the performance of FEAGA and FEADER accounts;
Having regard to Council Regulation (EC) No. 73/2009 of 19 January 2009 establishing common rules for direct support schemes under the common agricultural policy and establishing certain support schemes for farmers;
Considering the amended POSEI-France programme approved by the European Commission decision EC (2006) 4809 of 16 October 2006;
Considering the referral of the Regional Council of La Réunion dated 18 November 2009;
Considering the referral of the Martinique Regional Council dated 12 November 2009;
Considering the referral of the Regional Council of Guadeloupe dated 16 November 2009;
Considering the referral of the Guyana Regional Council dated 16 November 2009;
Considering the referral of the General Council of La Réunion dated 19 November 2009;
Considering the referral of the General Council of Martinique dated 12 November 2009;
Considering the referral of the general council of Guadeloupe dated 16 November 2009;
Considering the referral of the General Council of Guyana dated 16 November 2009,
Decrete:
Pursuant to Chapter VI of Regulation (EC) No 793/2006 of 12 April 2006 referred to above, this Order sets out the sanctions regime applicable to breaches of obligations that condition the grant of aids under the program of options specific to distance and insularity, approved by the decision of the European Commission referred to and published in the Official Bulletin of the Ministries of Agriculture and Overseas,
It does not apply to animal aids referred to in sections 59 and 60 of Regulation (EC) No 796/2004 of April 21, 2004 referred to above.
For the purpose of this decree, a quantitative obligation is defined as any obligation to grant assistance under POSEI-France that may be quantified and expressed by weight, volume, surface or any other unit used as a reference to the calculation of the amount of aid.
Constitutes a qualitative obligation any obligation to grant POSEI-FRANCE assistance that cannot be quantified.
An Agriculture Minister's order specifies the quantitative obligations and distinguishes, depending on their importance, the primary qualitative obligations, whose non-compliance undermines the objective of the aid system, from the secondary qualitative obligations.
In the event of a breach of a quantitative obligation, as defined in Article 2, which was found in a control conducted by the authorized officers in the course of their mission, the amount of the assistance is automatically recalculated on the basis of the quantities found in this inspection and corrected to the amount recalculated.
A reduction is then automatically applied to the amount of aid corrected in accordance with the terms specified in section 4, taking into account, on the one hand, the difference between the amount of assistance calculated on the basis of the quantities reported and the amount of assistance calculated on the basis of the quantities found and, on the other hand, the ratio between that deviation and the amount of assistance calculated after the correction provided in the first paragraph. The ratio expressed as a percentage is called "distance rate".
In the event that a request for assistance under POSEI-France is made up of various aids, the difference is calculated at the level of each aid.
The failures mentioned in the first paragraph of Article 3 give rise to the following measures:
1° Where the difference rate found in a first check is less than or equal to 5%, the paying agency shall send a letter of observations to the applicant for assistance containing a reminder to the applicable regulations, including the regime applicable to the assistance concerned;
2° When the difference rate observed in a first check is greater than 5% and less than or equal to 20%, the amount of assistance is reduced by 5% of its total calculated after the correction provided for in the first paragraph of Article 3;
3° When the difference rate in a first check is greater than 20% and less than or equal to 50%, the amount of assistance is reduced by 30% of its total calculated after applying the correction in the first paragraph of Article 3;
4° The observation of a deviation rate in a first control greater than 50% results in the ineligibility, under the campaign concerned, with the assistance requested.
The recidivism of a breach of the same quantitative obligation, under the same aid, found in the same campaign or the previous campaign, results in a decrease in the amount of aid granted, calculated as follows:
1° When the difference rate in a second successive control is less than or equal to 5%, the amount of aid is reduced by 5% of its total calculated after applying the correction in the first paragraph of Article 3;
2° When the difference rate in a second successive control is greater than 5% and less than or equal to 20%, the amount of the aid is reduced by 10% of its total calculated after the correction provided for in the first paragraph of Article 3;
3° When the difference rate in a second successive control is greater than 20% and less than or equal to 50%, the amount of assistance is reduced by 60% of its total calculated after applying the correction provided for in the first paragraph of Article 3;
4° The observation, in a second successive control, of a deviation rate greater than 50% results in the ineligibility, under the campaign concerned, with the assistance requested.
In the event of a breach of a primary qualitative obligation, as defined in the third paragraph of Article 2, the amount of assistance is reduced by 30% in a first observation.
The recurrence of a breach of the same primary qualitative obligation, for the same aid, which was found in the same campaign or the previous campaign, results in a decrease in the amount of aid by 50% in a second finding.
The third successive finding of breach of the same primary qualitative obligation, under the same aid, results in the ineligibility, under the campaign concerned, with the assistance concerned.
In the event of a first finding of non-compliance with a secondary qualitative obligation, as defined in the third paragraph of section 2, the paying agency shall send to the applicant a letter of observations containing a reminder to the applicable regulations, which shall include the regime applicable to the assistance concerned.
In the event of successive breaches of a secondary qualitative obligation, the amount of aid is reduced by:
5% in a second observation;
10% in a third observation;
50% in a fourth observation.
The fifth successive finding of breach of a secondary qualitative obligation results in the ineligibility, under the campaign concerned, with the assistance requested.
In the event that several breaches of a qualitative obligation under the same aid are found, only the most significant reduction, calculated in accordance with Articles 6 and 7, is applied.
In the event that a professional organization fails to pay direct aid to beneficiaries, the paying agency sends an immediate payment of this assistance to the recipients to the professional organization.
In the event of a failure or partial performance of the obligation to pay assistance to the beneficiary by the professional organization that has received it, the employee shall be required to reimburse the recipient to the paying agency for the interest determined in accordance with section 12.
In the event of a second failure or partial enforcement of this obligation, the failure shall be reported to the competent authority in the matter of accreditation of the professional organization so that it may apply, if any, an appropriate penalty, without prejudice to the obligation of reimbursement referred to in the preceding paragraph.
When there are deficiencies in both quantitative and qualitative obligations under the same aid, the corresponding reductions are cumulative. In the first place, the reductions mentioned in Article 4 punishing the breaches of quantitative obligations and, in the second place, the reductions mentioned in Articles 6 and 7 punishing the breaches of qualitative obligations.
Where there are, on the one hand, deficiencies in the quantitative and qualitative obligations set out in section 2 and, on the other hand, a breach of the obligation to file the request for assistance within the time limits prescribed in section 25 of Regulation (EC) No 793/2006 of 12 April 2006, the corresponding reductions are cumulative. In the first place, the reductions in the quantity and quality of non-compliance are applied in accordance with the previous paragraph and, in the second place, the reductions under section 27 of the Regulations.
Any refusal of control, attributable to the aid applicant or recipient, results in the rejection of his or her assistance requests, in accordance with the third paragraph of Article 31 of Regulation (EC) No 793/2006 of 12 April 2006 referred to above.
Any misrepresentation, establishment of false documents or serious negligence of the aid applicant or the beneficiary shall also result in a penalty equal to the amount of unduly collected aids, plus interest from the date of notification to the claimant of the assistance of the refund obligation until the effective date of the refund, in accordance with section 36 of Regulation (EC) No 793/2006 of 12 April 2006 referred to above.
For the purposes of this penalty, an order issued by the Minister for Agriculture defines, in accordance with the third paragraph of section 73 of Regulation (EC) No 796/2004 of April 21, 2004 referred to above, the modalities for calculating the applicable interest rate.
The refund obligation does not apply if the payment was made as a result of the error of the competent authority or another authority and if the error found could not reasonably be detected by the aid applicant. Where the error relates to elements of facts relevant to the calculation of the requested assistance, the refund obligation applies only if the recovery decision has been communicated within 12 months of the date of payment.
Where, in the event of force majeure or in exceptional circumstances within the meaning of section 31 of Regulation (EC) No 73/2009 of January 19, 2009 referred to above, the applicant for assistance or the beneficiary of an assistance granted under POSEI-France is not in a position to comply with the obligations mentioned in this program for reasons directly related to the case of force majeure or exceptional circumstances, the reductions or exclusions referred to in sections 3
Pursuant to Article 26 of Regulation (EC) No. 793/2006 of 12 April 2006, referred to above, a request for assistance may be corrected at any time after its introduction in case of manifest error recognized by the competent authority.
Based on the information provided by the aid applicant, the request for help is corrected.
In accordance with the first paragraph of section 35 of Regulation (EC) No 793/2006 of April 12, 2006, referred to above, the reductions and exclusions referred to in sections 3 to 10 do not apply when the recipient has submitted correct factual data or may demonstrate by any other means that it is not faulty.
In accordance with the second paragraph of Article 35 of Regulation (EC) No. 793/2006 of 12 April 2006 referred to above, the reductions and exclusions referred to in Articles 3 to 10 do not apply with respect to the parties of the request for assistance that the applicant for assistance has notified in writing to the competent authority as being incorrect or having become it since the introduction of the application, provided that, prior to that
ODEADOM, a paying agency, is the competent authority for the application of sanctions for the measures for which it is approved under the POSEI-France program.
This Order applies without prejudice to the provisions of Regulation (EC) No 796/2004 of April 21, 2004 referred to above.
This Order is applicable to the aids requested after publication.
The Minister of Budget, Public Accounts, Public Service and State Reform and the Minister of Food, Agriculture and Fisheries are responsible, each with respect to it, for the execution of this decree, which will be published in the Official Journal of the French Republic.
Done in Paris, January 29, 2010.
François Fillon
By the Prime Minister:
Minister of Food,
agriculture and fisheries,
Bruno Le Maire
Minister of Budget, Public Accounts,
Civil Service
and state reform,
Eric Woerth
