Key Benefits:
The public concerned: the National Committee on Maritime Fisheries and Marine Livestocks, the Regional Committees on Maritime Fisheries and Marine Livestocks, the Departmental or Interdepartmental Committees on Maritime Fisheries and Marine Livestocks.
Purpose: specify the organization and operation of the professional organization of marine fisheries and marine livestock.
Entry into force: immediate.
Notice: This Order is made pursuant to Article L. 912-17 of the Rural and Maritime Fisheries Code in order to specify the terms and conditions for the organization and operation of the professional organization of marine fisheries and marine livestock, as a result of the amendments introduced by the Act No. 2010-874 of 27 July 2010 modernization of agriculture and fisheries. Local Maritime Fisheries and Marine Livestock Committees are replaced by departmental or interdepartmental committees for marine fisheries and marine livestock. Local antennas can be created.
The Order sets out the missions of the National Committee, regional and departmental or interdepartmental committees, supervises the consultation of these committees and the scope of their deliberations. It also specifies the composition of committee councils, the terms and conditions for the appointment of members and the election of the chair, the composition of the office and the management of the committee's operating mode.
References: the provisions of this decree are available on the website Légifrance (http://www.legifrance.gouv.fr).
The Prime Minister,
On the report of the Minister of Agriculture, Food, Fisheries, Rurality and Land Management,
Vu le monetary and financial codeincluding his article R. 512-43;
Given the rural and maritime fishing code, including articles L. 912-1 to L. 912-5 and L. 912-15 to L. 912-17;
Vu le Labour codein particular the book I of its second part;
Vu la Act No. 2010-874 of 27 July 2010 modernization of agriculture and fisheries, including Article 88;
Vu le Decree No. 55-733 of 26 May 1955 amended on the economic and financial control of the State;
Vu le Decree No. 90-94 of 25 January 1990 amended for the purposes of sections 3 and 13 of the amended Decree of 9 January 1852 on the exercise of the marine fisheries, including its article 1st;
Vu le Decree No. 92-376 of 1 April 1992 Amending the terms and conditions for the organization and holding of the electoral consultations provided for in Article L. 912-5 of the Rural and Maritime Fisheries Code;
Vu le Decree No. 98-1261 of 29 December 1998 amended to establish the National Interprofessional Office for the Products of the Sea and Aquaculture and to amend the Decree No. 92-335 of 30 March 1992 relating to the National Committee on Maritime Fisheries and Marine Animals;
Vu le Decree No. 2006-781 of 3 July 2006 Amending the terms and conditions for the payment of costs incurred by the temporary movement of civil personnel of the State;
Considering the opinion of the National Committee on Maritime Fisheries and Marine Animals of 8 December 2010;
The State Council (section of public works) heard,
Decrete:
For the exercise of the missions defined in c of Article L. 912-2 of the Rural and Maritime Fisheries Code, the national committee participates in the creation and operation of security deposits against weather and damages, in charge of the payment of daily allowances to the crews of vessels immobilized at the port or unable to practice the fishing of the intangibles or seafarers, and ensures control.
The procedures for the operation and management of the weather and damage guarantee system are defined by a joint order of the Minister for Maritime Fisheries and Marine Aquaculture and the Minister for Budget.
For the exercise of the missions defined in the a to d of the same article, the national committee coordinates the action of the regional, departmental and interdepartmental committees of marine fisheries and marine livestock.
Pursuant to sections L. 921-2-1 and L. 921-2-2 of the Rural and Maritime Fisheries Code, the National Committee for Maritime Fisheries and Marine Livestocks is consulted by the Minister for Maritime Fisheries and Aquaculture on:
(a) Order and precautionary measures to organize compatibility between trades;
(b) Technical measures on fishing gear;
(c) Measures relating to the organization and operation of fisheries;
(d) The operation of the professional organization of marine fisheries and marine livestock.
I. ― The National Committee Council comprises forty-two members as follows:
(a) Fourteen representatives of the Regional Maritime Fisheries and Marine Animals Committees, designated by the Council of each Regional Maritime Fisheries and Marine Animals Committee;
(b) Thirteen representatives of the heads of marine fishing companies and a representative of the heads of marine farming companies;
(c) Three representatives of maritime cooperatives;
(d) Eleven representatives of producer organizations.
II. - In addition, two representatives of the first-ever purchase and processing companies of the marine fisheries and marine livestock sector are involved in the work of the council.
Council members are appointed by order of the Minister for Fisheries and Marine Aquaculture.
The council of the national committee shall elect, by secret ballot, the chair and vice-chairs of the national committee.
The President and Vice-Presidents are appointed by order of the Minister for Fisheries and Marine Aquaculture.
The term of office of the Chairperson and the Vice-Chairpersons may be terminated on the proposal of the Board by a majority of 75% of its members.
In the event of a vacancy of the chair of the committee, the powers of the chair shall be exercised by the first Vice-Chair or by default by the following until the election of a new Chair, who shall intervene at the meeting of the Board immediately following the notice of the vacancy.
The board of the national committee shall elect, by majority, under conditions provided for by the rules of procedure of the committee, an office that includes, in addition to the president and vice-presidents who are members of the law, twelve members, where all the professions and organizations referred to in section 3 are represented and whose chair the committee chairs.
The council meets at least four times in the year on the convocation of its president, which sets the agenda.
It is also convened either at the request of the Minister for Maritime Fisheries and Marine Aquaculture or at the request of the majority of its members. The agenda of the meeting then prioritizes the issues for which it was convened.
The board shall only deliberate validly if at least half of its members are present or represented. If this quorum is not reached, the board shall meet in law within a period of not less than two weeks, after a new convocation on the same agenda and specifying that no quorum will be required. Decisions are adopted by a majority of members present or represented.
The Minister responsible for marine fisheries and aquaculture is informed of all meetings of the Council, to which he may participate or be represented and whose deliberations are forwarded to him.
The board may, by deliberation adopted by a majority of its members, delegate to the office the powers that fall within its jurisdiction, with the exception of the budget deliberations and the approval of the annual accounts and mandatory professional contributions.
The chair of the committee prepares and ensures the conduct of the deliberations of the board and the office, to which it reports.
It provides direction to the committee and represents it in all acts of civil life and in its relations with third parties.
He represents the national justice committee. As such, he may take legal action on behalf of the national committee, after advice from the office.
He calls jobs after the office's notice. He may be assisted by a Director General, whom he appoints after agreement of the office and to whom he may delegate his signature for administrative and financial operations, under the conditions set out in the rules of procedure provided for in Article 10.
It may authorize, with an advisory vote, to attend meetings of the board or office any person whose presence it considers useful in the light of the agenda.
The board may authorize the President to delegate his signature under the conditions set out in the rules of procedure set out in section 10.
The office meets on the convocation of its president, which sets the agenda.
It is also convened either at the request of the Minister for Maritime Fisheries and Marine Aquaculture or at the request of the majority of its members. The agenda of the meeting then prioritizes the issues for which it was convened.
The office is validly deliberated only if half of its members are present or represented. If this quorum is not achieved, it meets in law within a period of at least two weeks, after a new convocation on the same agenda and specifying that no quorum will be required. Decisions are then adopted by a majority of members present or represented.
The Minister responsible for marine fisheries and aquaculture is informed of all meetings of the office, to which he may participate or be represented and whose deliberations are forwarded to him.
When the office has, pursuant to section 7, a delegation of the board to issue a notice under section 2, its members may, with the agreement of the chair, participate in the debate by means of videoconference or electronic communication allowing their identification and effective participation in a collegial deliberation. This means cannot be used when the vote is secret. Their participation is taken into account in calculating the quorum.
The office is responsible for the management of the system of guarantee against the weather and damages provided by bodies approved by it, on deliberation taken after the advice of the national committee in charge of monitoring social issues.
A deliberation of the office, approved by joint order of the Minister for Fisheries and Marine Aquaculture and the Minister responsible for the budget, sets out the conditions and terms of the weather and damage guarantee regime.
An internal regulation, approved by order of the Minister for Maritime Fisheries and Marine Aquaculture, sets out the operating conditions of the national committee.
It includes the establishment of commissions and working groups.
I. ― Pursuant to section L. 921-2-1 of the Rural and Maritime Fisheries Code, the deliberations adopted by a majority of the members of the National Committee's Council, or by delegation of the National Committee, may be made mandatory by order of the Minister for Maritime Fisheries and Marine Aquaculture, in particular when they provide:
(a) Adequacy measures for the available resource fishing capacity, by the institution and quota of fishing authorizations, by adjusting the fishing effort and defining and standardizing the characteristics of fishing gear;
(b) Technical modalities for co-existence between the various marine farming activities in the production areas, in terms of the density of livestock and the compatibility of high species in the same area, and technical modalities for the organization of the different stages of marine farming, the safeguarding of livestock, the prophylaxis of livestock products and, where applicable, the eradication of contaminated products.
II. - Pursuant to section L. 921-2-2 of the same code, the deliberations adopted by a majority of the members of the board of the national committee, or the office by delegation of the national committee, may be made mandatory by order of the minister responsible for marine fisheries and aquaculture, where they provide for measures regulating the fishing of species that are not subject to an authorized total of captures or catch quotas under European Union
(a) The organization of the fisheries with respect to the limitation of fishing time, the setting of the opening and closing dates of the fishing of certain species, the definition of specific zonings or barkings;
(b) To limit the volume of captures of certain species, by the definition of fishing quotas fixed by zone or period, and by the distribution and management of these quotas at the regional or port level or per unit of effort (flotilla, ships or number of onboard men).
III. - The deliberations of the national committee setting the amount of professional contributions provided for in article L. 912-16 of the same code are the subject of a notice published in the Official Journal of the French Republic.
An Order of the Minister for Fisheries and Marine Aquaculture sets out the list of regional committees, their headquarters and territorial jurisdiction and the number of members of their councils.
Obligatory membership of the regional committees of the professions, regardless of their status, is engaged in the production of the products of marine fisheries and marine livestock in the territorial jurisdiction of the regional committee.
Regional committees may recruit and pay legal guardians to ensure compliance with fisheries management regulations under the conditions set out in Article L. 942-2 of the Rural and Maritime Fisheries Code.
Regional committees may delegate, by deliberation adopted by a majority of the members of their councils, some of their competence to the departmental and interdepartmental committees of their jurisdiction, with the exception of the missions defined in Article L. 912-3 (b) and (e) of the same code. Deliberation sets the rules for the financing of such missions.
I. ― In accordance with sections L. 921-2-1 and L. 921-2 of the Rural and Maritime Fisheries Code, the regional committees are consulted by the administrative authority referred to in theArticle 1 of Decree No. 90-94 of 25 January 1990 on:
(a) Order and precautionary measures to organize compatibility between trades;
(b) Technical measures on fishing gear;
(c) Measures relating to the organization and operation of fisheries for species that are not subject to an authorized total of captures or catch quotas under a European Union regulation.
II. - In addition, pursuant to Article L. 921-2-2 of the same code, the overseas regional committees are consulted by the prefect on measures relating to the organization and operation of fisheries for species subject to an authorized total of captures or catch quotas pursuant to a European Union regulation.
I. ― The Council of Regional Committees shall not exceed fifty members as distributed:
(a) At least 30% representatives of heads of marine fishing and marine animal husbandry;
(b) At least 30% representatives of the crews and employees of marine fishing and marine animal husbandry companies;
(c) One or more representatives of marine cooperatives, within 10%;
(d) One or more representatives of producer organizations, where they exist within the territorial jurisdiction of the regional committee, within 10%;
(e) One or more representatives, within 10%, of departmental and interdepartmental committees where they exist in the territorial jurisdiction of the regional committee, designated by the council of each departmental or interdepartmental committee of marine fisheries and marine livestock.
Representatives of the categories referred to in a and b have an equal number of seats.
II. - In addition, two representatives of the first-ever purchase and processing companies of the marine fisheries and marine livestock sector are involved in the work of the council.
III. - An order of the prefect of the region in which the committee has its seat sets out the composition of the council and the distribution of the seats of the council between the different occupational categories.
Council members are appointed by order of the prefect of the region in which the committee has its seat.
The council of the regional committee shall elect, by secret ballot, the chair and vice-chairs of the committee.
The chair and vice-chairs are appointed by order of the prefect of the region in which the committee has its seat.
The term of office of the Chairperson and the Vice-Chairpersons may be terminated on the proposal of the Board by a majority of 75% of its members.
In the event of a vacancy of the chair of the committee, the powers of the chair shall be exercised by the first Vice-Chair or by default by the following until the election of a new Chair, who shall intervene at the meeting of the Board immediately following the notice of the vacancy.
The council of the regional committee shall elect, under the majority, under conditions provided for by the rules of procedure of the committee, an office which shall include, in addition to the president and vice-presidents who are members of law, twelve members, in which all the professions and organizations referred to in article 15 are represented and whose chair the committee chairs.
The council meets at least four times in the year on the convocation of its president, which sets the agenda.
It is also convened either at the request of the prefect of the region in which the committee has its seat or at the request of the majority of its members. The agenda of the meeting then prioritizes the issues for which it was convened.
The council of the regional committee shall only deliberate validly if at least half of its members are present or represented. If this quorum is not reached, the board shall meet in law within a period of at least one week, after a new convocation on the same agenda and specifying that no quorum will be required. The deliberations are adopted by a majority of members present or represented.
The prefect of the region in which the committee has its seat is informed of the meetings of the council to which it may participate or be represented and whose deliberations are transmitted to it.
The board may, by deliberation adopted by a majority of its members, delegate to the office the powers that fall within its jurisdiction, with the exception of budget deliberations, annual accounts approval, mandatory professional contributions and the creation of local branches.
The office meets on the convocation of its president, which sets the agenda.
It is also convened either at the request of the prefect of the region in which the committee has its seat or at the request of the majority of its members. The agenda of the meeting then prioritizes the issues for which it was convened.
The office is validly deliberated only if half of its members are present or represented. If this quorum is not achieved, it meets in law within a period of at least one week, after a new convocation on the same agenda and specifying that no quorum will be required. Decisions are then adopted by a majority of members present or represented.
The prefect of the region in which the committee has its seat is informed of all meetings of the office, to which it may participate or be represented and whose deliberations are transmitted to it.
When the office has, pursuant to section 19, a delegation of the board to issue a notice under section 14, its members may, with the agreement of the chair, participate in the debate by means of videoconference or electronic communication allowing their identification and effective participation in a collegial deliberation. This means cannot be used when the vote is secret. Their participation is taken into account in calculating the quorum.
The operating conditions of each regional committee shall be determined by rules of procedure submitted for approval by the prefect of the region in which the regional committee has its seat, in accordance with the standard rules of procedure defined by order of the Minister for Maritime Fisheries and Marine Aquaculture.
I. ― Pursuant to section L. 921-2-1 of the Rural Code and Maritime Fisheries, the deliberations adopted by a majority of the members of the Regional Committee Council, or the Bureau by delegation of the Regional Committee, may be made mandatory by order of the Prefect of the Region in which the Committee has its seat, in particular when they provide:
(a) Adequacy measures for the available resource fishing capacity, by the institution and quota of fishing authorizations, by adjusting the fishing effort and defining and standardizing the characteristics of fishing gear;
(b) Technical modalities for co-existence between the various marine farming activities in the production areas, in terms of the density of livestock and the compatibility of high species in the same area, and technical modalities for the organization of the different stages of marine farming, the safeguarding of livestock, the prophylaxis of livestock products and, where applicable, the eradication of contaminated products;
(c) The definition of conditions for the harvest of marine plants and their culture.
II. - Pursuant to Article L. 921-2-2 of the same Code, the deliberations adopted by a majority of the members of the council of the regional committee, or the office by delegation of the regional committee, may be made mandatory by order of the prefect of the region in which the committee has its seat, when they provide for measures regulating the fishing of species that are not subject to an authorized total of captures or quotas of captures under European regulations
(a) The organization of the fisheries with respect to the limitation of fishing time, the setting of the opening and closing dates of the fishing of certain species, the definition of specific zonings or barkings;
(b) To limit the volume of captures of certain species, by the definition of fishing quotas fixed by zone or period, and by the distribution and management of these quotas at the regional or port level or per unit of effort (flotilla, ships or number of onboard men).
III. - The deliberations of the regional committees setting out the amount of professional contributions provided for in Article L. 912-16 of the same code are the subject of a notice published in the compendium of the administrative acts of the prefecture of the region in which the committee has its seat.
IV. - The deliberations mentioned in this article cannot be contrary to the deliberations of the national committee. They may provide for the conditions under which the modalities for their implementation are defined by a decision of the Chair of the Regional Committee on Maritime Fisheries and Seafarers concerned.
An Order of the Minister for Fisheries and Marine Aquaculture sets out the list of departmental or interdepartmental committees, their headquarters and territorial jurisdiction and the number of members of their councils.
The territorial jurisdiction of a departmental committee covers the entire territory of the department.
The territorial jurisdiction of an interdepartmental committee covers the entire territory of at least two departments under the same regional committee and without a coastal continuity solution.
The territorial jurisdiction of a departmental or interdepartmental committee may not correspond to the territorial jurisdiction of the regional committee.
Members of the professions who, regardless of their status, engage in the production of the products of the marine fisheries and the marine livestock in the territorial jurisdiction of the departmental or interdepartmental committee are obligatory.
I. ― The board of departmental and interdepartmental committees shall not exceed forty members as distributed:
(a) At least 35% representatives of heads of marine fishing and marine animal husbandry companies;
(b) At least 35% representatives of the crews and employees of the marine fishing and animal husbandry companies;
(c) One or more representatives of marine cooperatives, within 10%;
(d) One or more representatives of producer organizations where they exist within the territorial jurisdiction of the committee, within 10%.
Representatives of the categories referred to in a and b have an equal number of seats.
II. - In addition, two representatives of the first-ever purchase and processing companies of the marine fisheries and marine livestock sector are involved in the work of the council.
III. - An order of the prefect of the department in which the committee has its seat sets the composition of the council and the distribution of the seats of the council between the different professional categories.
Council members are appointed by order of the prefect of the department in which the committee has its seat.
The board of the departmental or interdepartmental committee shall elect, by secret ballot, the chair and vice-chairs of the committee.
The chair and vice-chairs are appointed by order of the department prefect in which the committee has its seat.
The term of office of the Chairperson and the Vice-Chairpersons may be terminated on the proposal of the Board by a majority of 75% of its members.
In the event of a vacancy of the chair of the committee, the powers of the chair shall be exercised by the first Vice-Chair or by default by the following until the election of a new Chair, who shall intervene at the meeting of the Board immediately following the notice of the vacancy.
The board of the departmental or interdepartmental committee shall elect, under the conditions provided for by the rules of procedure of the committee, an office which shall include, in addition to the president and vice-presidents who are members of the committee, twelve members, in which all the professions and organizations referred to in section 24 are represented and whose chair the committee chairs.
I. ― The council meets at least four times in the year on the convocation of its president, which sets the agenda.
It is also convened either at the request of the prefect of the department in which the committee has its seat or at the request of the majority of its members. The agenda of the meeting then prioritizes the issues for which it was convened.
The board of the departmental or interdepartmental committee shall only deliberate validly if at least half of its members are present or represented. If this quorum is not reached, the board shall meet in law within a period of at least one week, after a new convocation on the same agenda and specifying that no quorum will be required. The deliberations are adopted by a majority of members present or represented.
The prefect of the department in which the committee has its seat is informed of the meetings of the committee, to which it may participate or be represented and whose deliberations are transmitted to it.
The board may, by deliberation adopted by a majority of its members, delegate to the office the powers that fall within its jurisdiction, with the exception of budget deliberations, annual accounts approval, professional contributions and the creation of local branches.
II. - The deliberations of departmental or interdepartmental committees setting out the amount of professional contributions provided for in Article L. 912-16 of the Rural and Maritime Fisheries Code are the subject of a notice published in the compendium of the administrative acts of the prefecture of the department in which the committee has its seat.
The office meets on the convocation of its president, which sets the agenda.
It is also convened either at the request of the prefect of the department in which the committee has its seat or at the request of the majority of its members. The agenda of the meeting then prioritizes the issues for which it was convened.
The office is validly deliberated only if half of its members are present or represented. If this quorum is not achieved, it meets in law within a period of at least one week, after a new convocation on the same agenda and specifying that no quorum will be required. Decisions are then adopted by a majority of members present or represented.
The prefect of the department in which the committee has its seat is informed of all meetings of the office, to which it may participate or be represented and whose deliberations are transmitted to it.
The operating conditions of each departmental or interdepartmental committee are set by rules of procedure, subject to the approval of the prefect of the department in which the committee has its seat, in accordance with the standard rules of procedure defined by order of the Minister for Maritime Fisheries and Marine Aquaculture.
Pursuant to Article L. 912-1 of the Rural and Maritime Fisheries Code, the regional, departmental and interdepartmental committees may, by deliberation adopted by a majority of the members of the boards concerned, establish local branches.
The governing bodies of the committees referred to in Article L. 912-1 of the Rural and Maritime Fisheries Code are the council, office and chair.
I. ― The members of the regional, departmental and interdepartmental committees representing the crews and employees of the marine fishing and animal husbandry companies and those representing the heads of these companies are elected under the conditions provided by the Decree No. 92-376 of 1 April 1992.
II. - The representatives of the heads of marine fishing and marine animal husbandry companies on the board of the national committee referred to in Article 3 (b) of Article 3 are appointed by representative professional organizations and whose statutes are governed by the Labour code.
III. - Representatives of marine cooperatives referred to in c of I of Article 3, c of I of Article 15 and c of Article 24 shall be proposed by the confederal body referred to in 11° of Article R. 512-43 of the Monetary and Financial Code now referred to as "Marine Cooperation" among members of marine cooperative societies that are not members of a producer organization and operate within the jurisdiction of the committee concerned.
IV. - Representatives of the producer organizations mentioned in the I of Article 3, the I of Article 15 and the I of Article 24 are proposed by federations of producer organizations among their representative members at the territorial level concerned and by producer organizations, not affiliated to a federation, representative at the same territorial level.
V. - The representatives of the companies of the first purchase and transformation of the marine fisheries and marine livestock sector referred to in Article 3 II, Article 15 II and Article 24 II are designated by the representative professional organizations for the territorial level concerned.
I. ― The term of office of members of the committees referred to in Article L. 912-1 of the Rural and Maritime Fisheries Code is five years. They are less than 65 years old at the date of their election or designation.
II. - The members of the board and office of the national committee and of the regional, departmental and interdepartmental committees shall have an alternate, designated under the same conditions as they, and shall replace them in the event of absence or incapacity. In the event of the absence or incapacity of their deputy, the members holding these committees may give power to a member of the committee belonging to the college and to the category for which they were elected or appointed. No member of a committee can hold more than one proxy.
III. - Members of the board and board of committees referred to in the preceding paragraph, who have died or resigned, shall be replaced by their alternates for the remainder of the term to be held within three months of the vacancy.
The resignation of the member of the board, vice-chair or chair of the committee shall be addressed to the authority having made its appointment by registered letter with acknowledgement of receipt.
The resignation of the office member is addressed to the chair of the committee concerned by registered letter with acknowledgement of receipt.
These resignations are effective on the date of the notice of receipt.
Within a period of fifteen days from the notification made to it by a deliberation of the national committee, a regional, departmental or interdepartmental committee, the minister responsible for marine fisheries and aquaculture, the prefect of the region or the prefect of the department in which the committee has its seat may, where this deliberation is likely to compromise the interests entrusted to the professional organization or those recommended to the
In the event that the governing body has not deliberated within the prescribed time limit, the Minister or prefect may object to the adoption of the deliberation within a further fifteen-day period.
If, at the end of the review, the Minister or the Prefect feel that the new deliberation does not raise the objections they have made, they may object within a further fifteen days.
When the conduct of a deliberation of the national committee, a regional, departmental or interdepartmental committee became likely to jeopardize the interests entrusted to the professional organization or those whose administration is responsible, the minister responsible for marine fisheries and aquaculture, the prefect of the region or the prefect of the department in which the committee has its headquarters may suspend its execution. He then advised the chair of the committee in question by registered letter with acknowledgement of receipt and requested him to conduct a further review of the contested decision. He then initiates, if he considers it necessary, the procedure provided for in Article 35.
I. ― The resources of the national committee, regional, departmental and interdepartmental committees on marine fisheries and marine livestock include:
(a) Professional contributions provided for in Article L. 912-16 of the Rural and Maritime Fisheries Code;
(b) Contributions made by professionals;
(c) Compensation for services rendered;
(d) The income of their property and investment products;
(e) Grants;
(f) Donations and bequests;
(g) Resources, where appropriate, for public service missions and industrial technical centres.
II. - The amount of professional contributions referred to in a of I shall be determined by deliberation, respectively, of the national committee and of each regional, departmental or interdepartmental committee. The rates of this contribution are based on objective and non-discriminatory criteria.
The accounting and financial regulations of the national committee, regional, departmental and interdepartmental committees for marine fisheries and marine livestock are defined by joint order of the Minister for Maritime Fisheries and Marine Aquaculture and the Minister for Budget.
Forecasting budgetary documents of committees are approved by the administrative authority appointing members of these committees. This approval is valid for enforcement.
The financial accounts of these committees are approved by the administrative authority having made the appointment of the members of these committees, after certification by an auditor and approval by the board.
The weather and damage guarantee system, provided for in sections 1 and 9, is publicly funded. The allocation of this allocation is followed by a detailed assessment account annexed to the forecasting budget documents and financial accounts of the National Committee on Maritime Fisheries and Marine Livestocks.
The functions of a member of the committees established pursuant to Article L. 912-1 of the Rural and Maritime Fisheries Code are free of charge.
In accordance with Article L. 912-16-1 of the Rural and Maritime Fisheries Code, the National Committee Council and the Regional, Departmental and Interdepartmental Committees shall, by deliberation adopted by a majority of their members, establish the amount and terms of payment of lump sum allowances that may be allocated to their members.
The travel expenses of the members of these committees and the commissions created by them shall be reimbursed by these bodies on the terms and conditions of payment of the expenses incurred by the travel of the civil personnel of the State.
I. ― For the establishment of the first departmental and interdepartmental committees, the prefects of the departments concerned organize the consultation of the local committees established pursuant to the provisions prior to the Act of 27 July 2010 located within the territorial jurisdiction of the departmental or interdepartmental committee envisaged.
II. - The local committees are effectively replaced by departmental and interdepartmental committees established pursuant to this Order from a date fixed by Order of the Minister for Maritime Fisheries and Marine Aquaculture and no later than 27 January 2012.
III. - From the date of their creation and to the organization of the first electoral consultations following the publication of this decree, the departmental and interdepartmental committees established pursuant to this decree are composed of members appointed by the prefect of the department in which the committee has its seat among the members of the local committees concerned.
IV. - For a period of five years following the issuance of this Order, the regional, departmental or interdepartmental committees that replace local committees may, by deliberation adopted by a majority of Council members, maintain the rates of professional assessment defined by the local committee of the registration of contributors. They do so for all the local committees they replace. During the same period, these rates can be revised for progressive harmonization.
I. ― Decree No. 92-335 of 30 March 1992 establishing the rules for the organization and operation of the National Committee for Maritime Fisheries and Marine Livestocks, as well as regional and local committees for marine fisheries and marine livestock is repealed.
However, its provisions remain applicable to local committees until they are replaced under the conditions set out in II of section 40.
II.-Article 22 of Decree No. 98-1261 of 29 December 1998 referred to above is repealed.
The Minister of Budget, Public Accounts, Public Service and State Reform, spokesperson for the Government, and the Minister of Agriculture, Food, Fisheries, Rurality and Land Management 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 on 28 June 2011.
François Fillon
By the Prime Minister:
Minister of Agriculture, Food,
Fisheries, Rural
and landscaping,
Bruno Le Maire
Minister of Budget, Public Accounts,
public service and state reform,
Government spokesperson,
François Baroin
