Keywords AGRICULTURE, CODE RURAL and of the fisheries MARITIME, FARMER, farm, agricultural PRODUCTION, producer, CULTURE, use agricultural, agricultural product, common agricultural policy, Cap, support, aid COUPLED payment single right payment single, DPU, implementation, APPLICATION of Regulation (EC), harmonization European JORF n ° 0293 December 18, 2010 page 22327 text no.45 Decree No. 2010-1586 16 December 2010 relating to integration of coupled support into the single payment NOR scheme : AGRT1024535D
ELI: https://www.legifrance.gouv.fr/eli/decret/2010/12/16/AGRT1024535D/jo/texte
Alias: https://www.legifrance.gouv.fr/eli/decret/2010/12/16/2010-1586/jo/texte


Le Premier ministre,
Sur le rapport du ministre de l'agriculture, de l'alimentation, de la pêche, de la ruralité et de l'aménagement du territoire,
Vu le règlement (CE) n° 1782/2003 du Conseil du 29 septembre 2003 modifié établissant des règles communes pour les régimes de soutien direct dans le cadre de la politique agricole commune et établissant certain support schemes for farmers and amending regulations (EEC) No 2019/93, (EC) no 1452/2001, (EC) no 1453/2001, (EC) No 1454/2001, (EC) No 1868/94, (EC) No 1251/1999, (EC) No 1254/1999, (EC) no 1673/2000, (EEC) no 2358/71 and (EC) no 2529/2001;
Having regard to Regulation (EC) No 796/2004 of 21 April 2004 amended Commission laying down detailed rules for the application of cross-compliance, modulation and the integrated system of management and control provided for in Regulation (EC) No 1782/2003 establishing common rules for direct support under the common agricultural policy schemes and establishing certain support schemes for farmers;
Having regard to Regulation (EC) No 73/2009 of 19 January 2009 amended establishing common rules for the direct support schemes for farmers under the common agricultural policy and establishing certain support schemes for farmers, amending regulations (EC) No 1290/2005, (EC) no 247/2006 and (EC) No 378/2007 , and repealing Regulation (EC) No 1782/2003;
Having regard to Regulation (EC) no 1120/2009 Commission on October 29, 2009 amended laying down detailed rules for the application of the single payment scheme provided for in title III of Regulation (EC) No 73/2009 of the Council establishing common rules for the direct support schemes for farmers under the common agricultural policy and establishing certain support schemes for farmers;
Saw the code rural and maritime fishing, including chapter V of title I of his book VI, enacts as follows: Article 1 more on this article...

Section 5 of chapter V of title I of Book VI of the code rural and maritime fisheries is amended as follows: 1 ° article D. 615 - 62 is replaced by the following: 'Art.D. 615 - 62.-I. — pursuant to article 63 of Regulation (EC) No 73/2009 of 19 January 2009 above, the aid provided for in annex XI to that Regulation (EC) No 73/2009 are fully integrated into the single payment scheme, with the exception of those referred to in II, III and IV.
II. — the protein crop premium, the specific aid for rice, aid for nuts and aid to growers of starch potatoes, respectively referred to in (b) to (e) of annex XI to that regulation 1, the aid referred to in this annex 2 as it helps the seeds referred to in 3 of the same annex are decoupled from January 1, 2012.
III. ― in accordance with articles 51 and 53 of Regulation (EC) No 73/2009, the suckler cow premium provided for in article 111 of this Regulation subject to an extra for farmers, corresponding to 75% of the component of national ceilings referred to in article 40 of the regulations.
IV. ― in accordance with articles 51 and 54 of Regulation (EC) No 73/2009, the component of the ceilings for payments of the aid for tomatoes, the ' d'ente ' plums, peaches and pears intended for processing, as provided in section 8 of Chapter 1 of title IV of that regulation is not integrated into the single payment scheme. » ;
2 ° after article D. 615 - 62, are inserted five articles D. 615-62-1 to D. 615-62-5 thus written: 'Art.D. 615-62 - 1.-I. — for the purposes of article 63 of Regulation (EC) No 73/2009 of 19 January 2009 above, the final amount to decouple is established, for each farmer, in the manner specified in this section.
II. — an annual total amount is established, for each farmer, for each of the years in the period 2005-2008. This total amount is equal to the sum of the calculated annual amounts, for each category of decoupled aid and specific staffing, as set forth in sections D. 615-62-2, D. 615-62-4.
The year corresponding to the total annual amount the highest, after taking into account of the intervening events between January 1, 2005 and may 15, 2010 is the year of the farmer's reference.
III. ― in accordance with 6 of section 41 of the regulations, the annual amounts corresponding to the year of the farmer's reference can be reduced, after applying, where appropriate, a franchise, while the agricultural activity has decreased.
The annual amount corresponding to the slaughter premium, calculated in accordance with article D. 615-62-3 II, is reduced in proportion to the decrease in activity linked to the slaughter of the animals between the reference year and the best of the years between 2008 and 2009.
Other annual amounts are reduced in proportion to the decrease in agricultural activity between the reference year and the year 2010.
The procedures for calculation of reductions of activity referred to in the preceding paragraphs are defined by order of the Minister responsible for agriculture.
IV. ― each of the annual amounts corresponding to the year of the small farmer's reference, where appropriate, under the conditions laid down in the III may apply a stabilizing factor. The stabilizers coefficients are defined by joint order of the Minister of agriculture and the Minister responsible for the budget and for each decoupled or specific staffing.
V. — the final to decouple amount corresponds to the sum of the annual of the year of the farmer's reference amounts, after taking account of the developments between January 1, 2005 and may 15, 2010 and, where applicable, after the application of the provisions of III and IV, to which is added, where applicable, the total amount of appropriations from the reserve for single of the year 2010 payment entitlements. It is incorporated in the portfolio of rights single payment of the farmer-may 15, 2010, according to the procedures laid down by order of the Minister responsible for agriculture.
«Art.D. 615-62 - 2.-I. — the annual amount corresponding to the arable crops aid provided for in Chapter 10 of title IV of Regulation (EC) No 1782/2003 of the Council of 29 September 2003 mentioned above is equal to the product of the area determined by the discount factor for surface excess referred to in article 102 of this regulation in respect of aid for arable crops. , the reference yield referred to in article 103 of the same regulation, the reduction coefficient for budgetary Cap taken pursuant to article D. 615 - 6 and a unit amount equal to 7,01551274.
II. — the annual amount corresponding to the supplement for durum wheat provided for in article 105 of Regulation (EC) No 1782/2003 of 29 September 2003 mentioned above is equal to the product of the area determined for the OCCS payments durum wheat by the discount factor for overflow surface taken pursuant to the same article, the reduction coefficient for budgetary Cap taken pursuant to article D. 615 - 6 and a unit equal to 71.25.
III. — the annual amount corresponding to the special premium for the quality for durum wheat provided for in Chapter 1 of title IV of Regulation (EC) No 1782/2003 is equal to the product between the area determined in respect of the special quality premium for durum wheat, the discount factor for surface overflow made under article 75 of the regulation and a unit amount equal to 40.
IV. — the annual amount corresponding to the hops helps, provided for in Chapter 10 d of title IV of Regulation (EC) No 1782/2003 is equal to the product of the area determined in respect of aid for hops by the reduction coefficient for budgetary Cap taken pursuant to article D. 615 - 6 and a unit equal to 120.
«Art.D. 615-62 - 3.-I. ― the annual amount corresponding to the premium for sheep provided for in article 67 of Regulation (EC) No 1782/2003 of the Council of 29 September 2003 mentioned above is equal to the sum: ― of the product of the number of sheep for the production of meat by 9,15739818;
— the product of the number of sheep for the production of milk by 7,32591854;
― and for farmers who reported at least 50% of their useful agricultural surface in less-favoured areas defined in articles D. 113 - 13-D. 113 - 15, the product of the total number of sheep by 3,05246606.
II. — the annual amount corresponding to the premium for the slaughter of bovine animals, provided for in article 68 of Regulation (EC) No 1782/2003 is equal to the sum: ― by the product of the specified number of adult bovine animals slaughtered by the discount factor for the number of animals taken in application of article 130 of that regulation, the reduction coefficient for budgetary Cap taken pursuant to article D. 615 - 6 and a unit amount equal to 27,92740128;

— the product of the number of calves slaughtered by the discount factor for the number of animals taken in application of article 130 of the same regulation, the coefficient of reduction for budgetary Cap taken in application of article D. 615 - 6 and a unit amount equal to 43,63656450.
III. — the annual amount corresponding to the suckler cow premium, laid down in article 68 of Regulation (EC) No 1782/2003 is equal to the product of the number of animals determined by the reduction coefficient for budgetary Cap taken pursuant to article D. 615 - 6 and a unit amount equal to 24,67375400.
«Art.D. 615-62 - 4.-I. ― in the 2 of article 63 of Regulation (EC) No 73/2009 of 19 January 2009 above, single payment entitlements are allocated in 2010: ― to breeders of herbivores in 2008, on the basis of specified grass surfaces in the 2005-2008 period;
― to breeders of herbivores or granivores in 2008, on the basis of defined surfaces in corn during the period 2005-2008;
― to farmers on the basis of surfaces in field grown vegetables, potatoes and aromatic plants determined during the period 2005-2008.
The conditions for the granting of these single payment entitlements are defined by order of the Minister responsible for agriculture.
The annual amounts corresponding to specific allocations thus established are calculated in the manner laid down in the II-IV.
II. — the annual amount corresponding to specific staffing grass is equal to the product of the grass area by a dependent unit amount of rate of loading in 2008.
III. — the annual amount corresponding to staffing-specific but is equal to the product of the surface in maize by a dependent unit amount by the number of cattle large units (LU) in 2008.
IV. — the annual amount corresponding to staffing specific vegetables is equal to the product of the area in vegetables by a unitary amount.
V. ― for the purposes of this article, the procedures for determination of grass, corn and vegetable surfaces as well as unit amounts are defined by order of the Minister responsible for agriculture.
«Art.D. 615-62-5.-for the purposes of sections D. 615-62-2 and D. 615-62-3, the annual amount of decoupled aid is calculated for each of the years 2005,2006,2007 and 2008, according to the provisions of regulations (EC) No 1782/2003 of the Council of 29 September 2003 establishing common rules for direct support under the common agricultural policy schemes and establishing certain schemes of support in favour of farmers and (EC) No 796/2004 of 21 Commission. April 2004 amended laying down detailed rules for the application of cross-compliance, modulation and the integrated system of management and control provided for in Regulation (EC) No 1782/2003 and article D. 615 - 6 in effect on the date of deposit of the aid applications for each marketing year.
For the purposes of sections D. 615-62-2 and D. 615-62-3, mean area determined as defined at 22 article 2 of that Regulation (EC) No 796/2004 and by number of animal determined that set at 23 of the same article. » ;
3 ° article D. 615 - 63 is amended as follows: a) the I is replaced by the following provisions: "I. in applying the 1 of article 43 of Regulation (EC) No 73/2009 of the Council of 19 January 2009 above and 1 of article 13 of Regulation (EC) No. 1120/2009 of 29 October 2009 above-mentioned Commission the payment entitlements cannot be used or transferred within a single Department.»
(b) the III is replaced by the following: "(III). Notwithstanding the II, single payment entitlements not giving rise to the title of the year of their creation to the payment of the income assistance referred to in article 1 of Regulation (EC) No 73/2009 of 19 January 2009 above are geographically linked to the Department of the headquarters of the holding of their holder.
Rights to single payment subject to special conditions referred to in article 44 of Regulation (EC) No 73/2009 are linked geographically, the year of their creation, in the Department of the headquarters of the holding of the holder. » ;
4 ° a article D. 615 - 64, the words: "3 of article 44 of the rules of 29 September 2003" shall be replaced by the words: ' 1 article 35 of Regulation (EC) No 73/2009 of 19 January 2009»
5 ° to the first paragraph of article D. 615 - 65, the words: ' September 29, 2003"shall be replaced by the words:" (EC) No 73/2009 of 19 January 2009.
6 ° article D. 615 - 66 is replaced by the following: 'Art.D. 615-66.-the application for the allocation of the reserve of rights to single payment, pursuant to the provisions of 2,3 and 4 of article 41 of Regulation (EC) No 73/2009 of 19 January 2009 above-mentioned Council is forwarded to the departmental Directorate for agriculture of the headquarters of the holding of the applicant no later than on a date fixed by the Minister of agriculture. » ;
7 ° in article D. 615 - 67, the words: ' 4 of article 30 of Regulation (EC) No 795/2004 of 21 April 2004 Commission» are replaced by the words: "5 of article 14 of Regulation (EC) no 1120/2009 of 29 October 2009 Commission";
8 ° sections D. 615 - 68 and D. 615 - 70 are repealed;
9 ° article D. 615 - 69 is amended as follows: has) in the first paragraph of the I, the words: "article 46 of Regulation (EC) No 1782/2003 of the Council of 29 September 2003 above and article 9 of Regulation EC No 795/2004 of the Commission on 21 April 2004 above" are replaced by the words: "article 43 of Regulation (EC) No 73/2009 of the Council of 19 January 2009 and article 16 of Regulation (EC) no 1120/2009. Commission of 29 October 2009 mentioned above ";
(b) the third paragraph of II is replaced by the following provisions: "― during the five years following the date of its installation, to a farmer who begins to exercise an agricultural activity within the meaning of article 2 of regulation l (EC) no 1120/2009 of 29 October 2009 above-mentioned Commission and who fulfils the conditions laid down in the 2 ° to 4 ° of article D. 343 - 4 and 4 ° of article D. 343-5. ';
(c) in the fourth paragraph of II, reference: "R. 343 - 3" is replaced by the reference: "D. 343 - 3 ';
(d) to the III, the words: ' k of article 2 of Regulation (EC) No 795/2004 of 21 April 2004 Commission» are replaced by the words: ' l of article 2 of Regulation (EC) no 1120/2009 of 29 October 2009 Commission»
10 ° the I of article D. 615 - 71 is replaced by the following provisions: "i. ― implementation of 3 of article 43 of Regulation (EC) No 73/2009 of the Council of 19 January 2009 and article 16 of Regulation (EC) No. 1120/2009 of 29 October 2009 above Commission a levy of 30% is applied on the value of each of the rights to single payment transferred definitively landless.»
This levy is not applied to the rights transferred in favour of a beginning farmer to exercise an agricultural activity within the meaning of the l of article 2 of Regulation (EC) no 1120/2009 of 29 October 2009 mentioned above. » ;
11 ° article D. 615 - 73 is amended as follows: a) the I is replaced by the following provisions: "i. ― implementation of 3 of article 43 of Regulation (EC) No 73/2009 of the Council of 19 January 2009 and article 16 of Regulation (EC) No. 1120/2009 of 29 October 2009 above Commission a levy of 3% is applied on the value of each of the rights to single payment subject to a special condition in application of article. 44 of Regulation (EC) No 73/2009 of 19 January 2009 above when these are all transferred definitively to the same purchaser. » ;
(b) the last paragraph of II is replaced by the following provisions: "removal is not performed on single payment entitlements transferred for the benefit of a beginning farmer to exercise an agricultural activity within the meaning of the I of article 2 of Regulation (EC) No. 1120/2009 of 29 October 2009 above-mentioned Commission.»
(c) the last paragraph of the III is replaced by the following provisions: "pursuant to the 3 of article 44 of Regulation (EC) No 73/2009 of 19 January 2009 above, these rights are then subject to the special conditions laid down by this article.»


Article 2 more on this article...

The Minister of budget, public accounts, public service and the reform of the State, Government spokesman and the Minister of agriculture, food, fishing, rurality and the planning are responsible, each in relation to the implementation of this Decree, which shall be published in the Official Journal of the French Republic.


Done at Paris, on 16 December 2010.
François Fillon Prime Minister: the Minister of agriculture, food, fisheries, rural life and the development of the territory, Bruno Le Maire François Baroin, Minister of budget, public accounts and public service, reform of the State, Government spokesman