Key Benefits:
People concerned: farmers.
Purpose: grants from the single payment fee reserve.
Entry into force: the text comes into force on the day after its publication.
Notice: This decree defines the mechanism used to take into account the 2011 campaign with regard to the granting of grants from the single payment rights reserve (DPU). The single payment regime is a system of support for the first pillar of the Common Agricultural Policy (CAP) to provide annual financial support directly to the farmer in a fully independent way of agricultural production. Community regulation provides that member states set up a reserve, fed by sampling of farmers' DPUs to equip some farmers in DPUs within defined programmes.
References: This Order is made for the application of the provisions of Council Regulation (EC) No 73/2009 of 19 January 2009 establishing common rules for direct support schemes for farmers under the common agricultural policy and establishing certain support schemes for farmers. It is 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,
Having regard to Council Regulation (EC) No. 2078/92 of 30 June 1992 amended on methods compatible with environmental protection requirements and the maintenance of natural space;
Having regard to Council Regulation (EC) No. 1257/1999 of 17 May 1999 amended on support for rural development by the European Agricultural Guidance and Guarantee Fund (FEOGA) and amending and repealing certain regulations;
Having regard to Regulation (EC) No. 1760/2000 of the European Parliament and Council of 17 July 2000 establishing a system for the identification and registration of cattle and for the labelling of bovine meat and beef products, and repealing Council Regulation (EC) No. 820/97;
Having regard to Council Regulation (EC) No. 1782/2003 of 29 September 2003 amended establishing common rules for direct support schemes under the common agricultural policy and establishing 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.
Having regard to Council Regulation (EC) No. 1698/2005 of 20 September 2005 amended on support for rural development by the European Agricultural Fund for Rural Development (FEADER);
Having regard to Council Regulation (EC) No. 73/2009 of 19 January 2009 amended establishing common rules for direct support schemes for farmers under the common agricultural policy and establishing certain support schemes for farmers, amending Regulation (EC) No. 1290/2005, (EC) No. 247/2006 and (EC) No. 378/2007, and repealing Regulation (EC) No. 1782/2003;
In light of Commission Regulation (EC) No. 1120/2009 of 29 October 2009 amended on the terms and conditions for the application of the single payment regime set out in Title III of Regulation (EC) No. 73/2009 establishing common rules for direct support schemes for farmers under the common agricultural policy and establishing certain support schemes for farmers;
In view of Commission Regulation (EC) No 1122/2009 of 30 November 2009 setting out the terms and conditions for the application of Council Regulation (EC) No 73/2009 with respect to conditionality, modulation and the integrated management and control system in the context of the direct support schemes for the farmers provided for in this Regulation as well as the terms and conditions for the application of Council Regulation (EC) No 1234/2007 with regard to conditionality in respect of the
In view of the rural and maritime fisheries code, including chapter V of title I of his book VI;
Vu le Decree No. 2006-1440 of 24 November 2006 relating to the granting of additional grants and entitlements from the national reserve for the transitional period and amending the rural code;
Vu le Decree No. 2007-1705 of 3 December 2007 implementing Regulation (EC) No. 1782/2003 and amending the rural code;
Vu le Decree No. 2008-1200 of 18 November 2008 relating to the granting of additional grants and entitlements from the national reserve;
Vu le Decree No. 2009-706 of 16 June 2009 relating to the granting of additional single-payments and entitlements from the reserve;
Vu le Decree No. 2010-1587 of 16 December 2010 relating to the granting of reserve and single payment fees,
Decrete:
For the 2011 campaign, the following amounts are allocated to the single payment fee reserve:
1° The amounts for single payment rights that did not result in any payment in the years 2009 and 2010;
2° The amounts for voluntary transfers made during the campaign for the benefit of the reserve;
3° The amounts derived from the levies applied on transfers of single-payment rights made during the campaign pursuant to articles D. 615-69 to D. 615-73 of the Rural and Maritime Fisheries Code.
The 2011 campaign corresponds to the period between 16 May 2010 and 15 May 2011.
The deadline for filing applications from the single-payment fee reserve is that referred to in section D. 615-1 of the rural code and the marine fisheries. The request for staffing must be accompanied, where appropriate, supporting documentation.
For the purpose of this decree, the average value of a department's single payment rights is the ratio between the sum of the unitary values of the normal single payment rights, the special single payment rights, and the payment rights granted in accordance with the fifth paragraph of Article 64 of the above-mentioned Regulation (EC) No 73/2009, held on the first day of the 2011 campaign by the farmers whose operating seat is located in the department.
I. ― May apply for an endowment from the single payment rights reserve a farmer who was attributed to an endowment from the reserve under section II of the above-mentioned decree of June 19, 2009 and who declared, under the 2011 campaign, in the single application file referred to in section 10 of the Regulation (EC) no 1122/2009 of the Commission of November 30, 2009 referred to above
II. ― The amount of the endowment is equal to the number of hectares determined in lavender and lavender in 2011 multiplied by 250 euros. The amount of the staffing is reduced by the amount of the allocation for these areas in 2009 and 2010.
III. ― In the event of the installation of a farmer in a company, the allocation is allocated to the company. This endowment is based on the surfaces made available in 2011 by this farmer in the company and for the only surfaces meeting the criteria defined in paragraph I of this article.
I. ― May apply for an endowment from the single-payment rights reserve of a farmer who devoted areas to viticulture or to arboriculture, and who, as part of a collective programme that had benefited from financial support from the State or local authorities, ripped off this culture between January 1, 2004 and May 15, 2011 on an area of at least 5% of the agricultural title No endowment is granted when crop slaughter has already resulted, for the same parcels, in the allocation of an endowment under the 3 of Article 14 of the Decree of 24 November 2006 referred to above, Articles 5 or 8 of the decree of 3 December 2007 referred to above, articles 4 or 7 of the decree of 18 November 2008 referred to above, articles 5 or 9 of the decree of 16 June 2009 referred to above or ofarticle 4 of the decree of 16 December 2010 referred to above if the endowment was intended to compensate for the ripening of the areas dedicated to viticulture and tree growing.
II. ― The amount of the endowment is equal to the specified area on which the crop was torn off and which is declared as eligible crops under the 2011 campaign, with the exception of vineyard or orchards, multiplied by the maximum value between the average value of the department's single-payment rights and 300 euros.
I. ― May apply for an endowment from the single payment rights reserve of a farmer:
- part of the operation of which has been the subject of temporary occupation in the context of public utility work;
― and who voluntarily surrendered to the single payment rights reserve as a result of this occupation.
II. ― The allocation is equal, within the limit of the number of hectares of agricultural land returned at the end of this occupation, to the sum of the unitary values of the single payment rights that the farmer has previously voluntarily surrendered to the reserve because of the temporary occupation, considered in the descending order of the value of these rights.
III. ― If the assignment referred to in I is prior to May 15, 2010, the allocation referred to in II is supplemented by an allocation equal to the number of hectares returned multiplied by 65 euros.
I. ― A farmer who meets the conditions referred to in the second dash of Article D. 615-69 of the Rural and Maritime Fisheries Code and who settled on 16 May 2010 and no later than 15 May 2011 may apply for an endowment from the single-payment fee reserve, if he demonstrates that he was unable to receive a single-payment fee transfer under Article 43
(a) It operates lands previously exploited by a farmer who had the sole payment rights corresponding to these lands and who died without heir, or whose heirs do not benefit from the provisions of Article 3 of Regulation (EC) No 1120/2009 of the Commission of 29 October 2009 referred to above;
(b) It operates lands previously exploited by a legal entity that had a single payment rights corresponding to these lands and that was removed from the trade register and corporations;
(c) It operates lands previously exploited by a farmer who had a single payment rights corresponding to these lands. However, as of May 15, 2011, the previous farmer has all or less normal rights than eligible agricultural hectares determined under the 2011 campaign.
For the purposes of the previous paragraph, the normal rights available as of May 15, 2011 include:
– the rights that the previous operator voluntarily transferred to the reserve before May 15, 2011, with the exception of the rights granted under section 5;
– the rights that the previous operator transferred permanently without land before May 15, 2011 and referred to in Article D. 615-71 of the Rural and Maritime Fisheries Code.
(d) He exploits lands for which he exercised the right of recovery defined in Article L. 411-58 of the rural code and the marine fisheries, and for which the parity court of the rural leases was seized of a leave dispute by the farmer who had the sole payment rights corresponding to these lands.
II. ― The amount of the endowment is equal to the product between the number of hectares of eligible agricultural land, with the exception of areas planted in vineyards or orchards, for which the farmer demonstrates that he was unable to benefit from a transfer of rights for one of the grounds mentioned in I, multiplied by the maximum value between the average value of the department's single-payment rights and 300 euros.
III. ― In the event of an installation in a farmer's company meeting the conditions specified in I, the allocation is assigned to the company. It is based on surfaces that meet the conditions defined in paragraph I of this article and made available in 2011 by this farmer in society.
I. ― Can be asked to benefit from an endowment from the Single Payment Rights Reserve:
(a) The farmer who decreased his activity related to the slaughter of animals referred to in (b) of Article 130 of Council Regulation (EC) No 1782/2003 of 29 September 2003 referred to by at least 25% between his base year defined under the second paragraph of Article D. 615-62-1 of the Rural and Maritime Code and its best of years between 2008 and 2009;
(b) Or the farmer who begins farming and settled on January 1, 2009 and no later than May 15, 2010.
II. ― Farmers referred to in I must have held at least ten units of cattle (UGB) between 1 July 2010 and 30 June 2011 or 10 ha in 2011 under the conditions defined in 23 of Article 2 of Regulation (EC) No 1122/2009 of the Commission of 30 November 2009 referred to above.
The UGBs referred to in the preceding paragraph are those established, for cattle, from the computerized database referred to in section 5 of the above-mentioned Regulation (EC) No. 1760/2000 and, for sheep and caprins, from the content of the single application referred to in section D. 615-1 of the Rural and Maritime Fisheries Code.
III. ― For the farmers referred to in a I, the amount of the endowment is equal to the difference between:
75% of the product of the number of calves awarded to the slaughter bonus the reference year by 40 euros;
the amount resulting from the application of the second indent II of Article D. 615-62-3 of the Rural Code and Maritime Fisheries.
For farmers covered in b of I, the amount of the endowment is equal to the difference between:
- the product of the number of calves killed in 2010 by 40 euros;
― the amount resulting from the application ofarticle 12 of the decree of 16 December 2010 referred to above.
In addition to the endowments defined in the preceding articles, the prefect may, taking into account the characteristics of the agricultural economy of the department and after the advice of the departmental agricultural guidance commission, determine the conditions for granting an endowment from the reserve. It also determines the method of calculating the amount of the endowment and decides whether the endowment should result in a revalorization of the single-payment rights held or the granting of additional single-payment rights.
Areas implanted in vines or orchards cannot be counted in the calculation of staffing.
The average value of single payment rights whose value is increased or created cannot exceed the maximum value between the average value of the department's single payment rights and 300 euros.
The unitary value of the normal single payment rights held on May 15, 2011 by a farmer who is entitled to an endowment pursuant to the provisions of this decree and who holds, under the 2011 campaign, a number of single payment rights greater than the number of hectares of eligible agricultural land areas determined for the granting of direct payments listed in Schedule I to Regulation (EC) No. 73/2009 of the Commission on January 13, 2009 referred to above:
I. ― It is established a decrease equal to the total value of the rights whose number is greater than the number of hectares. For the determination of the amount of this decrease, the fees are taken into account in an increasing order of value.
II. ― Where the unitary value of the rights taken into account in determining the decrease defined in I has been increased in accordance with the provisions of this Order, the amount of this increase is abolished.
For other rights whose unit value has been increased, the amount of this increase is reduced by a value that corresponds to the ratio between:
- the difference between the decrease defined in I and the amounts deleted after application of the first paragraph of this II;
and the number of these rights.
The reduction made may not exceed the amount of the increase previously granted in accordance with the provisions of this decree.
The allocation of items 3 to 7 may be applied to a stabilizer coefficient. The stabilizing coefficients are defined by a joint order of the Minister for Agriculture and the Minister responsible for the budget, for each allocation, taking into account the resources of the single payment fee reserve.
The total allocation for items 3 to 8 after the application, if any, of the stabilizer coefficients referred to in the first paragraph, may not exceed the resources of the single payment rights reserve in the 2011 campaign.
The Minister of Budget, Public Accounts 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 30 December 2011.
François Fillon
By the Prime Minister:
Minister of Agriculture, Food,
Fisheries, Rural
and landscaping,
Bruno Le Maire
Minister of Budget, Public Accounts
and state reform,
Government spokesperson,
Valérie Pécresse
