Key Benefits:
Audiences concerned: agricultural chiefs associated with a joint farm group.
Purpose: Common farm groupings.
Entry into force: Article 1 of the decree comes into force the day after its publication; Articles 2 to 4 come into force on March 1, 2015, with the exception of the provisions on dairy quotas that come into force only as of April 1, 2015.
Notice: the decree creates a new procedure for the accreditation of joint farm groupings (GAEC) whose grant is entrusted to the prefect. The latter may consult for advice the departmental committee for the orientation of agriculture, as part of a limited specialized training whose composition is close to that of the former departmental or regional committee for accreditation, which is deleted.
References: the decree is taken for the application of the provisions of the articles L. 323-7, L. 323-11, L. 323-12 and L. 323-13 rural code and maritime fisheries; the provisions of Rural Code and Maritime Fishing and the decree of 23 October 2014 as amended by this decree may be consulted, in their drafting, on the website Légifrance (http://www.legifrance.gouv.fr).
The Prime Minister,
On the report of the Minister of Agriculture, Agri-Food and Forestry, spokesman for the Government,
Vu le Rural Code and Maritime Fishingincluding articles L. 323-7, L. 323-11, L. 323-12, L. 323-13 and L. 323-16;
Vu la Act No. 2000-321 of 12 April 2000 the rights of citizens in their relations with administrations;
Vu le Decree No. 78-704 of 3 July 1978 relating to the application of Act No. 78-9 of 4 January 1978 amending Title IX of Book III of the Civil Code;
Vu le Decree No. 2001-492 of 6 June 2001 taken for application of Chapter II of Title II of Act No. 2000-321 of 12 April 2000 and relating to the acknowledgement of receipt of requests to the administrative authorities;
Vu le Decree No. 2006-665 of 7 June 2006 on the reduction of the number and simplification of the composition of various administrative commissions;
Vu le Decree No. 2006-672 of 8 June 2006 on the establishment, composition and functioning of administrative advisory commissions;
Vu le Decree No. 2014-1297 of 23 October 2014 with respect to exceptions to the application of the two-month period of birth of implied acceptance decisions on the basis of II of Article 21 of Act No. 2000-321 of 12 April 2000 relating to the rights of citizens in their relations with administrations (Department of Agriculture, Agri-Food and Forestry);
The State Council (section of public works) heard,
Decrete:
In chapter III, section 1, title I, of Book III of the Rural Code and Maritime Fisheries, after section R. 313-7, two articles are inserted as follows:
"Art. R. 313-7-1.-The commissions referred to in sections R. 313-1, R. 313-3 and R. 313-4 shall include specialized training which shall exercise the advisory powers vested in them in respect of individual decisions relating to joint farm groupings.
"Specialized training reports to the commission.
"Art. R. 313-7-2.-The specialized training referred to in article R. 313-7-1 is chaired by the prefect who chairs the commission. It includes:
« 1° Three representatives of the decentralised departments of the State responsible for agriculture competent in the jurisdiction of the commission;
« 2° Three farmers appointed on the proposal of representatives of the trade union organizations of agricultural operators members of the commission;
« 3° A farmer member of a joint farm group, representing farmers working in common within the territorial jurisdiction of the commission, appointed on the proposal of the National Association of Agricultural Societies and Groups for Common Exploitation.
"The members of the specialized training mentioned in the 2nd and 3rd may be chosen outside the members of the commission. They are appointed by the prefect referred to in the first paragraph for a period of three years. Each of them has an alternate, appointed under the same conditions.
"The President may, with the agreement of the specialized training, invite to attend with an advisory voice to the deliberations of the latter any person whose opinion appears useful, taking into account his expertise in the management and operation of the farms. »
Section 1 of Chapter III of Title II of Book III of the Rural and Maritime Fisheries Code is amended as follows:
1° In his title, the words: "Recognition" are replaced by the words: "Accreditation";
2° Articles R. 323-1 to R. 323-7, R. 323-11, R. 323-12 and R. 323-17 are repealed;
3° Sections R. 323-8 to R. 323-10 are replaced by the following:
"Art. R. 323-8.- Existing or in-training companies shall apply to the prefect of the department of their headquarters for approval as a joint farm group.
"Art. R. 323-9.-The application package includes:
« 1° Regulations or draft statutes in accordance with standard statutes approved by order of the Minister for Agriculture;
« 2° A note, written according to a model defined by order of the Minister for Agriculture, relating to the origin of society and the conditions of its operation, specifying:
“(a) The elements to assess the dimension of common exploitation: areas of exploitation, with regard to the principal activities envisaged and the methods of production chosen, titles ensuring the enjoyment of the lands that the company proposes to operate, distances to be travelled between grouped farms;
“(b) The identity of associates or future associates, the distribution of social capital, the principles of the effective organization of joint work, as well as the decision mentioned in the second paragraph of Article R. 323-31, the description of the tasks carried out by each partner, the envisaged number of permanent employees, the persons who are entitled to act on behalf of the company and the activities carried out, if any, by the partners outside the group.
"Art. R. 323-10.-The prefect shall rule on applications for approval by reason of decision, no later than three months after the receipt of the complete application file. He may request prior notice of the specialized training referred to in R. 313-7-1.
"In this case, when the prefect adopts a decision after otherwise advising of the specialized training referred to in article R. 313-7-1, he specifies the reasons.
"For total groupings, the prefect checks, in particular, the contribution of the partners to the strengthening of the farming structure of the grouping, taking into account their effective, exclusive and full-time participation in the joint work, subject to the application of articles D. 323-31-1 and R. 323-32. » ;
4° Section R. 323-13 is replaced by the following provisions:
"Art. R. 323-13.-The advertising formalities of the constitution of the group and the registration of the group in the register of trade and companies are completed after its approval.
"The group addresses to the prefect an extract justifying his registration in the trade and corporate register. » ;
5° At the 1st of Article R. 323-14 and at the 1st of Article R. 323-15, the words "recognition" are replaced by the words "accreditation";
6° Section R. 323-18 is replaced by the following provisions:
"Art. R. 323-18.-The deconcentrated services of the State responsible for agriculture ensure, through regular control, that the organization and operation of these groups conform to the regulatory requirements and the statutes and documents communicated in the course of the instruction and maintenance of its approval. » ;
7° Section R. 323-19 is replaced by the following provisions:
"Art. R. 323-19.-The statutory amendments as well as those of the data referred to in (a) and (b) of the 2nd of Article R. 323-9 shall be forwarded to the prefect no later than the month following their implementation.
"In the absence of an express prefect decision within two months of the transmission of this information, the approval shall be deemed to be maintained.
"The formality of advertising of statutory amendments shall be effected only after the expiry of this period. The period referred to in the first paragraph of Article R. 123-105 of the Commercial Code is short from that date. » ;
8° In R. 323-20, the words: "three months" are replaced by the words: "two months";
9° Section R. 323-21 is amended as follows:
(a) In the first paragraph, the word "committee" is replaced by the word "prefect", the word "planned" is replaced by the word "planned", the words "to one of its members" are deleted and the word "recognized" is replaced by the word "accredited";
(b) In the second paragraph, the words: "recognition granted to a grouping" are replaced by the words: "accreditation granted to a grouping, if any, after notice of the specialized training referred to in article R. 313-7-1";
10° Section R. 323-22 is replaced by the following provisions:
"Art. R. 323-22.- Disputed appeals against individual decisions relating to joint farm groupings are preceded by a mandatory pre-administered administrative appeal to the Minister for Agriculture.
"Administrative appeals against withdrawal decisions have a suspensive effect.
"Previously to the response to the administrative remedy that was sent to him, the Minister for Agriculture shall receive the advice of the prefect and any other qualified person if he considers it justified. He then informed the authors of the appeal, who were in a position to consult those notices. » ;
11° Section R. 323-23 is replaced by the following provisions:
"Art. R. 323-23. -The decision to withdraw is published in the collection of administrative acts of the departments of the State of the department in which the company has its seat. It is communicated by the group, at its own expense, to the clerk of the court to which the group is registered, for purposes of ex officio reference to the trade register and companies. The group simultaneously proceeds to the publication provided by theArticle 24 of Decree No. 78-704 of 3 July 1978. »
Section 2 of chapter III of title II of Book III of the Rural and Maritime Fisheries Code is amended as follows:
1° In the first paragraph of R. 323-27, the word "recognized" is replaced by the word "accredited", the words "departmental or regional committee" are replaced by the word "prefect" and the words "by the committee" are replaced by the words "by the prefect";
2° In R. 323-29, the words: "recognition" are replaced by the words: "accreditation" and the word: "accreditation" is replaced by the word: "this one";
3° Section R. 323-31 is amended as follows:
(a) In the second paragraph, the words: "Departmental or Regional Accreditation Committee" are replaced by the word "prefect";
(b) The last two sub-items are replaced by a sub-item:
"The associates perform their work in full-time or part-time, depending on the purpose of the grouping, the uses of the region and the activities performed, as appreciated by the prefect, if any, after notice of the specialized training referred to in article R. 313-7-1";
4° The last paragraph of Article D. 323-31-1 is deleted;
5° After article D. 323-31-1, an article R. 323-31-2 is inserted as follows:
"Art. R. 323-31-2.-The collective decision referred to in the third paragraph of Article L. 323-7 shall be subject to the agreement of the prefect, acting under the conditions laid down in the first paragraph of Article R. 323-10. If there is no specific decision within two months, the application for approval is deemed to be accepted. The partner(s) concerned may not engage in the outside activity of the group until the collective decision has been approved. » ;
6° Article R. 323-32 is supplemented by a paragraph as follows:
"The collective decision referred to in the first paragraph is subject to the agreement of the prefect in the conditions provided for in the first paragraph of Article R. 323-10. If there is no specific decision within the two-month period, the application for approval is deemed to be accepted. » ;
7° Section R. 323-33 is replaced by the following provisions:
"Art. R. 323-33.-Requiring, by the same group, several exemptions referred to in Article D. 323-31-1 or work exemptions for the reasons referred to in Article R. 323-32 is subject to the condition that the joint work necessary for the proper functioning of the grouping is not seriously compromised. » ;
8° Section R. 323-34 is amended as follows:
(a) In the first paragraph, the word: "takes" is replaced by the words: "collections taken by the associates of the group" and the word "allowed" is deleted;
(b) The second paragraph shall be replaced by the following:
"They are addressed to the prefect in the month of their adoption by the group. » ;
9° Section R. 323-35 is replaced by the following provisions:
"The withdrawal of approval of a grouping, as provided for in the first paragraph of Article L. 323-12 because of the failure to communicate the decisions referred to in Article R. 323-34 or the failure to comply with the provisions of Articles D. 323-31-1, R. 323-32 and R. 323-33, shall be made in accordance with the procedure set out in Articles R. 323-21 to R. 323-22.
"However, the prefect may not initiate the procedure for the withdrawal of a grouping beyond a period of two months from the date of receipt or filing of the decision granting the exemption or derogation.
"When the decision does not include the indications or is not accompanied by the supporting documents provided for in section R. 323-34, the Prefect requests the group to provide the necessary supplements to his file. » ;
10° In the second paragraph of article R. 323-36, the words: "minimum guaranteed agricultural wage" are replaced by the words: "interprofessional minimum wage of growth";
11° In the last sentence of R. 323-44, the words: "Departmental or Regional Accreditation Committee" are replaced by the word "prefect".
Sections 3 and 4 of chapter III of Book III title II of the Rural Code and Maritime Fisheries Act are thus amended:
1° Section R. 323-45 is replaced by the following provisions:
"Art. R. 323-45. - For the application of the rules relating to social protection, persons present in registered farm groupings are considered to be in the class of the associate chiefs of exploitation if they are holding shares of capital or, if not, in that of the employees.
"The rights and obligations of the associate chiefs of operation are valued on the basis of an operation whose area is equal to the quotient of the totality of the lands developed by the group by the number of associate chiefs of operation.
"The foregoing provisions could not lose its operator's quality to a partner who had it before it entered the group, as soon as he made the group important contributions justifying the maintenance of this quality. » ;
2° Section R. 323-47 is replaced by the following provisions:
"Art. R. 323-47.-When the prefect issues an approval to a total farm group, he decides on the terms and conditions of access of the members of the group to the aids of the common agricultural policy. » ;
3° Articles R. 323-48 and R. 323-49 are repealed;
4° Article R. 323-50:
-the word "recognized" is replaced by the word "accredited";
-the words: ", written in all letters" are replaced by the words: " or GAEC initials";
5° In the first paragraph of section R. 323-51, the words "recognized or" are replaced by the words "accredited, GAEC-approved or".
I.-The provisions of Articles 2 to 4 of this Order come into force on March 1, 2015, with the exception of the 3rd of Article 4, which comes into force on April 1, 2015.
II.-Particular farm groupings recognized under chapter III of title II of Book III of the Rural and Maritime Fisheries Code in its earlier drafting Act No. 2014-1170 of 13 October 2014 of the future for agriculture, food and the forest are considered to be approved within the meaning of Article L. 323-11 of the same code, in its drafting from it.
III.-Requests for recognition or approval established in accordance with provisions of Article R. 323-9 of the Rural and Maritime Fisheries Code in its writing before the coming into force of this decree and transmitted to the Prefect before April 1, 2015 are considered complete, without prejudice to the possibility for the Prefect to request the production of complementary elements.
IV.-Requests for recognition under investigation on the date of entry into force of this Order or filed before March 1, 2015 under the conditions set out inArticle R. 323-8 of the Rural and Maritime Fisheries Code in its writing before the coming into force of this decree are considered as applications for accreditation and transmitted without delay by departmental and regional accreditation committees to the prefect, who initiates or continues their instruction. For these applications, the three-month period referred to in first paragraph of Article R. 323-10 of the Rural and Maritime Fisheries Code, in its writing from this decree, begins to run from the receipt by the prefect of the file constituted in accordance with the provisions of article R. 323-9 of the same code in its writing before the coming into force of this decree.
V.-The documents mentioned in the articles R. 323-19 and R. 323-34 the Rural Code and the Maritime Fisheries, in their drafting prior to the entry into force of this Decree, which is being reviewed at the date of publication of this Order or notified before March 1, 2015, shall be transmitted without delay by the departmental and regional Accreditation Committees to the Prefect, which initiates or continues their examination. If the prefect fails to make an express decision within two months of the date of receipt, the approval is deemed to be maintained.
VI.- Appeals against decisions of recognition, refusal of recognition or withdrawal of recognition made prior to the date of publication of this decree, which have been exercised under the conditions laid down in the articles R. 323-12 and R. 323-22 the Rural Code and Maritime Fisheries in their drafting prior to the coming into force of this Order and on which it has not yet been decided are transmitted to the Minister responsible for agriculture as of March 1, 2015.
VII.-A lAnnex to the above-mentioned Decree of 23 October 2014, the following line is deleted:
| Authorization for the exercise of an activity outside a total farming group (CAEC). | L. 323-7 and D. 323-31-1 | 3 months |
The Minister of Agriculture, Agri-Food and Forestry, spokesperson for the Government, is responsible for the execution of this decree, which will be published in the Official Journal of the French Republic.
Done on February 25, 2015.
Manuel Valls
By the Prime Minister:
Minister of Agriculture, Agri-Food and Forestry, Government Spokesperson,
Stéphane Le Foll
