Key Benefits:
The public concerned: producers and first buyers of the milk and dairy sector, processing establishments and operators who make the first commercialization after manufacture of these dairy products; National establishment of agricultural and sea products (FranceAgriMer).
Subject: information necessary for knowledge of productions, markets and economic monitoring of milk and dairy markets; operators required to transmit them to the National Establishment of Products of Agriculture and the Sea (FranceAgriMer).
Entry into force: the text comes into force on January 1, 2016.
Notice: the decree sets out the list of the information necessary to the knowledge of the productions and markets in the dairy sector that must be transmitted by the designated operators to the National Establishment of the Products of Agriculture and the Sea (FranceAgriMer) and specifies their modalities of transmission.
References: the decree is taken in application of the 4° of Article 2 II of Act No. 2014-1170 of 13 October 2014 the future for agriculture, food and forest. The decree and the provisions of Rural Code and Maritime Fishing that it amends can be consulted, in their writing from this modification, on the site Légifrance ( http://www.legifrance.gouv.fr).
The Prime Minister,
Having regard to Commission Regulation (EU) No. 479/2010 of 1 June 2010 on modalities for the application of Council Regulation (EC) No. 1234/2007 with regard to communications from member States to the Commission in the dairy and dairy sector, including Articles 1 bis, 2 and 3;
In view of the Commission's Implementing Regulation (EU) No. 511/2012 of 15 June 2012 on notifications of producer and inter-professional organizations, as well as the negotiations and contractual relations set out in Council Regulation (EC) No. 1234/2007 in the milk and dairy sector, including its Article 2;
Having regard to Regulation (EU) No. 1308/2013 of the European Parliament and of the Council of 17 December 2013 on the joint organization of agricultural markets and repealing Regulation (EEC) No. 922/72, (EEC) No. 234/79, (EC) No. 1037/2001 and (EC) No. 1234/2007 of the Council, including its Article 151;
In view of Commission Regulation (EU) No 1407/2013 of 18 December 2013 on the application of Articles 107 and 108 of the Treaty on the Functioning of the European Union to Minimizing Aids, including Article 2;
Having regard to Council Directive 96/16/EC of 19 March 1996 on statistical surveys in the field of milk and dairy products, including articles 1 and 4;
In view of the Commission's decision of 18 December 1996 on provisions for the implementation of Council Directive 96/16/EC on statistical surveys in the field of milk and dairy products;
Vu le Rural Code and Maritime Fishingincluding article L. 621-8,
Decrete:
Section 4 of chapter IV of title V of Book VI is supplemented by sub-section 5 as follows:
"Subsection 5
« Information to be transmitted by dairy operators
"Art. D. 654-114-8. - For the purposes of this subsection,:
"1° "First buyers with producers": those defined in Article 151 of Regulation (EU) No 1308/2013 of the European Parliament and of the Council of 17 December 2013 concerning the joint organization of agricultural markets;
"2° "Dairy Group": a "single company", within the meaning of 2 of Article 2 of Regulation (EU) No 1407/2013 of the Commission of 18 December 2013 concerning the application of Articles 107 and 108 of the Treaty on the Functioning of the European Union to Minimizing Aids, which collects more than five hundred million litres of raw cow milk per year;
« 3° “departure” price: the price calculated under the conditions set out in 4 of Article 2 of Regulation (EU) No 479/2010 of the Commission of 1 June 2010, bearing the terms and conditions of application of Regulation (EC) No 1234/2007 of the Council with regard to the communications of the Member States to the Commission in the dairy and dairy sector;
« 4° raw milk of cow and sheep “standard” and raw milk of goat “basic”: raw milk of composition and quality determined according to the uses of each industry, serving as a reference for the payment of producers.
"Art. D. 654-114-9. - The establishments that collect milk from producers transmit monthly to the National Establishment of Agriculture and Sea Products (FranceAgriMer), upon request:
« 1° The number of raw milk producers of cows, goats and sheep who made deliveries in the previous month by department;
« 2° The volume of raw milk of cow, goat and sheep collected during the previous month by department;
« 3° The fat and protein content of raw cow, sheep and goat milk collected in the previous month by department;
« 4° The price of standard cow and sheep raw milk and basic goat raw milk paid to dairy producers for deliveries made in the previous month by department;
« 5° The price of raw milk of cow, sheep and goat, with real fat and protein content, paid to dairy producers for deliveries made in the previous month by department.
"For certain categories of milk, the list of which is fixed by order of the minister responsible for agriculture, the information referred to in 1°, 2°, 3°, 4° and 5° distinguish the milk data with the mention "organic agriculture" or other official signs of identification of quality and origin.
"Art. D. 654-114-10. - The first purchasers of raw milk from cow's milk producers transmit to the National Agricultural and Sea Products Establishment (FranceAgriMer):
« 1° Monthlyly, the total volume of raw milk delivered to them during the previous month;
« 2° Annually, information relating to the previous production campaign, corresponding to a 12-month period ending March 31, relating to the identification, geographical location, legal form of operation, volume of milk delivered and contract volume by producer.
"Art. D. 654-114-11. - Direct Cow Dairy Sellers annually transmit to the National Agricultural and Sea Products Establishment (FranceAgriMer), upon request, information on the previous production campaign, corresponding to a period of twelve months ending March 31, relating to the volume of milk produced for direct sale and the quantities of dairy products manufactured on the farm.
"Art. D. 654-114-12. - For the application of the b of the 3 of Article 2 of Regulation (EU) No 479/2010 of the Commission of 1 June 2010 bearing the terms of application of Regulation (EC) No 1234/2007 of the Council with regard to the communications of the Member States to the Commission in the field of milk and dairy products, the dairy groups mentioned in the 2° of Article D. 654-114-8 transmit monthly to the cow
"Art. D. 654-114-13. - The milk processing establishments of cows, sheep or goat transmit monthly to the National Establishment of the Products of Agriculture and the Sea (FranceAgriMer), on its request, the quantity and stocks of fresh processed dairy products and available for the delivery, quantity and stock of certain manufactured dairy products whose list is specified by order of the Minister responsible for agriculture, as well as the quantities of milk
"For certain categories of dairy products, the list of which is set by order of the minister responsible for agriculture, it is distinguished the data relating to milk and dairy products manufactured with the mention "organic agriculture" or other official signs of identification of quality and origin.
"Art. D. 654-114-14. - The operators who make the first commercialization after manufacture of the dairy products transmit to the National Establishment of the Products of Agriculture and the Sea (FranceAgriMer), on its request, for the fresh and manufactured products defined in accordance with the criteria set out in Article 2 of the Regulation (EU) No 479/2010 of the Commission of 1 June 2010 concerning the terms of application of the Regulation (EC) No 1234/2007 of the Council concerning the
« 1° Each week, the “depart factory” price and the volume of products billed or contracted, during the previous week required for the calculation of weekly quotes;
« 2° Monthlyly, the “departure factory” price and the volume of products billed or contracted during the previous month.
"Art. D. 654-114-15. - Producer organisations and their recognized associations transmit to the National Establishment of Products of Agriculture and the Sea (FranceAgriMer):
« 1° Prior to the commencement of negotiations, the estimated volumes of raw milk being the subject of contractual negotiations, referred to in 1 of Article 2 of Regulation (EU) No 511/2012 of the Commission of 15 June 2012 relating to notifications concerning the organizations of producers and interprofessionals as well as the negotiations and contractual relations envisaged in Council Regulation (EC) No 1234/2007 in the dairy and dairy sector;
« 2° The annual volumes of raw milk delivered in the framework of previously negotiated contracts over the past year, referred to in Article 3 of Regulation (EU) No 511/2012 of the Commission of 15 June 2012.
"Art. D. 654-114-16. - The information referred to in sections D. 654-114-9 to D. 654-114-15 is transmitted to the National Establishment of Agriculture and Sea Products (FranceAgriMer) electronically under the conditions specified, if any, by a decision of the Director General of that establishment.
"The director general of the establishment shall, for the information referred to in sections D. 654-114-9 and D. 654-114-13, establish annually the list of the requested operators. These are selected by descending order of the volumes collected, processed or marketed, to represent at least 95% of the national volume overall. »
This Order comes into force on January 1, 2016.
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 24 June 2015.
Manuel Valls
By the Prime Minister:
Minister of Agriculture, Agri-Food and Forestry, Government Spokesperson,
Stéphane Le Foll
