Key Benefits:
President of the Republic,
On the report of the Prime Minister and the Minister of Agriculture, Agri-Food and Forestry, spokesperson for the Government,
Having regard to the Constitution, including article 38;
Having regard to Council Regulation (EC) No 1224/2009 of 20 November 2009 establishing a Community Control Regime to ensure compliance with the rules of the Common Fisheries Policy, including Articles 4, 6 and 7;
Having regard to Regulation (EU) No 1379/2013 of the European Parliament and of the Council of 11 December 2013 concerning the joint organization of markets in the fisheries and aquaculture products sector, amending Council Regulation (EC) No 1184/2006 and (EC) No 1224/2009 and repealing Council Regulation (EC) No 104/2000;
Having regard to Regulation (EU) No. 1380/2013 of the European Parliament and Council of 11 December 2013 on the Common Fisheries Policy, amending Council Regulation (EC) No. 1954/2003 and (EC) No. 1224/2009 and repealing Council Regulation (EC) No. 2371/2002 and (EC) No. 638/2004 and Council Decision 2004/585/EC;
Having regard to Regulation (EU) No. 1305/2013 of the European Parliament and of the Council of 17 December 2013 on support for rural development by the European Agricultural Fund for Sustainable Development (FEADER) and repealing Council Regulation (EC) No. 1698/2005, including Article 27;
Having regard to Regulation (EU) No. 1308/2013 of the European Parliament and of the Council of 17 December 2013 concerning 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;
Vu le General Tax Codeincluding articles 200 quindecies and 208 septies;
Vu le Administrative Justice Codeincluding its article R. 123-20;
Vu le Rural Code and Maritime Fishingincluding books II, V, VI, VII and IX;
Vu le Social Security Codeincluding article L. 241-13;
Vu la Act No. 2014-1170 of 13 October 2014 the future for agriculture, food and the forest, including its article 21;
The Council of State (section of public works) heard;
The Council of Ministers heard,
Order:
I.-The title V of Book V of the Rural and Maritime Fisheries Code is replaced by the following:
« Title V
"PRODUCT ORGANIZATIONS AND PRODUCTS ORGANIZATIONS
“Chapter I
"Organizations of producers and associations of producer organizations recognized in the sectors covered by the joint organization of agricultural products markets
"Art. L. 551-1.-The administrative authority shall recognize producer organizations and producer organizations in the sectors covered by the regulations governing the joint organization of agricultural markets under the conditions provided by the regulation.
"Art. L. 551-2.-Reputed producer organizations and recognized producer organization associations may apply to the administrative authority that the rules they adopt are made mandatory for non-member operators of these organizations or associations under the conditions provided by the regulations governing the joint organization of agricultural products markets.
"These rules may be extended by the administrative authority under the conditions set out in the regulations establishing common agricultural markets.
"Art. L. 551-3.-In the conditions provided for in Article 165 of Regulation (EU) No 1308/2013 of the European Parliament and of the Council of 17 December 2013 concerning the joint organization of the markets of agricultural products and repealing the regulations (EEC) no 922/72, (EEC) no 234/79, (EC) no 1037/2001 and (EC) no 1234/2007 of the Council, the administrative authority may decide that the individual operators
“Chapter II
"Organizations of producers and associations of producer organizations recognized in sectors not covered by the joint organization of agricultural products markets
"Art. L. 552-1.-In a specified area, agricultural cooperative societies and their unions, agricultural collective interest companies, associations between agricultural producers governed by the provisions of the Act of July 1, 1901 relating to the association contract, commercial companies and economic interest groups governed by the provisions of Book II of the Commercial Code, when they are intended to sustainably control the valuation of the agricultural or forestry production of their members
« 1° As part of their legal competence and powers, they enact rules to:
“to adapt production to market demand, in quantity and quality, respecting specifications and establishing contractual relations with their partners in the industry;
"to establish transparency of transactions and to regulate courses;
“to implement traceability;
"to promote environmentally friendly production methods;
« 2° They cover an area or complementary sectors of agricultural or forest products specified by decree;
« 3° They justify sufficient economic activity in relation to the concentration of operators in the markets;
« 4° Their statutes provide that all or part of the production of their members, associates or shareholders is assigned to them for marketing.
"Organisms whose statutes do not meet the condition provided for in the 4th may be recognized as producer organizations if they make available to their members the human, material or technical means necessary for the marketing of their production.
"Art. L. 552-2.-In view of the balance sheet referred to in Article L. 553-5 and after consultation with the Higher Council for the Guidance and Coordination of the Agricultural and Food Economy, the decree referred to in Article L. 553-1 may exclude the possibility of recognizing producer organizations for certain sectors. In this case, it specifies the time available to the organizations of recognized producers to bring their statutes in conformity with the 4th of Article L. 552-1.
"Art. L. 552-3.-The administrative authority may suspend or withdraw the recognition granted when it finds that the conditions of such recognition are no longer satisfied, or that technical or financial management is defective, or that the regulations on trade, product quality and health police are not respected.
"Art. L. 552-4.-May also be recognized by the administrative authority of the associations of constituted producer organizations, in one of the legal forms mentioned in Article L. 552-1, at the initiative of recognized producer organizations.
"The associations of producer organizations may exercise any activity of an organization of producers and, in particular, take measures to adapt production to the market.
"The conditions under which the activities of producer organizations can be delegated to producer associations are set by decree.
“Chapter III
“Common provisions
"Art. L. 553-1.-I.-The conditions for the attribution, suspension and withdrawal of recognition of a producer organization or association of producer organizations are set by decree.
"The Conseil supérieur d'orientation et de coordination de l'économie agricole et alimentaire referred to in Article L. 611-1 is consulted on the decisions on the attribution, suspension and withdrawal of recognition of an organization of producers or an association of producer organizations.
"II.-This decree determines the thresholds, in minimum number of members and/ or in volume or minimum marketable production value, beyond which the activity of a producer organization is considered sufficient in its area of activity. These thresholds are reviewed every five years.
"This decree also sets the time limits for adaptation to organizations of recognized producers, which it would be found that they no longer meet these thresholds.
"Art. L. 553-2.- Operators, other than producer organizations, may voluntarily join the associations of producer organizations recognized under conditions provided by decree.
"A producer organization adheres to an association of producer organizations for a product, product group or product category.
"Art. L. 553-3.-Reputed producer organizations may, if they receive a warrant issued for this purpose, ensure the defence of the rights that one or more of their members draw from a contract for the sale of agricultural products. A producer organization may take legal action in the interest of several of its members in disputes involving the same buyer and relating to the application of the same clause. It may also, under the same conditions, represent them in mediation proceedings.
"Art. L. 553-4.- Organised producers can benefit from priorities in the allocation of the assistance that the State can provide for the organization of production and markets, in accordance with the rules of the European Union. Determined aids are modulated according to the degree of organization and commitments of producers. Recognized producer organizations also enjoy, at equal tender, a right of preference in markets by tendering or calling for tenders from the State, local authorities or their public institutions.
" Organised producers can also benefit from increases in the allocation of public aids to investment whose objectives correspond to those pursued by the organization.
"The provisions on public procurement are also applicable to organizations of agricultural producers from the EU member states with comparable characteristics.
"Art. L. 553-5.-When it realizes the commercialization of all or part of the products of its members, without transfer of ownership, the organization of producers proceeds to this marketing within the framework of a mandate.
"An assessment of the economic organization of the production and effectiveness of the various marketing modes can be made in terms of, among other things, their contribution to the income of producers and their legal security vis-à-vis competition rules.
"Art. L. 553-6.-For the control of the compliance, by producer organizations and producer organizations, of the rules established under this heading or of European regulations, officials authorized to observe the breaches of these rules have access to premises, facilities and premises for professional use, excluding premises and parts of premises for residential use, between 8 a.m. and 8 p.m., or, outside of these hours, where Where the access of the premises referred to in this paragraph is denied to the officers, or where the premises include parts for use of housing, access may be authorized by order of the judge of freedoms and detention in the forms and conditions prescribed in section L. 206-1.
"They may, on site or on summons, take a copy of any professional documents, regardless of the support, and collect the comments of any person present who may bring useful elements to the fulfilment of their duties.
“Chapter IV
“Production groups
"Art. L. 554-1.-For the application of Article 27 of Regulation (EU) No. 1305/2013 of 17 December 2013 relating to support for rural development by the European Agricultural Fund for Rural Development (Feader) and repealing Regulation (EC) No. 1698/2005 of the Council, groups of producers who do not meet the conditions of their recognition as an organization of producers may be recognized by the conditions established by the competent authority of the decrees »
II.-Books II and VI of the same code are amended as follows:
1° In Article L. 243-3, the reference to Article L. 551-1 is replaced by the reference to Articles L. 551-1 and L. 552-1;
2° In section L. 623-2, the reference to section L. 551-2 is replaced by the reference to sections L. 552-1 and L. 552-4.
III.-The general tax code is amended as follows:
1° In section 200 quindecies, the reference toArticle L. 551-1 of the Rural and Maritime Fisheries Code is replaced by the reference toArticle L. 552-1 of the Rural and Maritime Fisheries Code ;
2° In section 208 septies, the reference toArticle L. 551-1 of the Rural and Maritime Fisheries Code is replaced by the reference to articles L. 551-1, L. 552-1 and L. 552-4 of the Rural and Maritime Fisheries Code.
I. - Article L. 631-24 of the Rural and Maritime Fisheries Code is amended as follows:
1° I is thus modified:
(a) In the second paragraph, the words: "or between economic operators mentioned in the first paragraph of Article L. 551-1, owners of the goods, and buyers" are replaced by the words: "or, when the delivery of the agricultural products concerned is carried out through one or more intermediaries, to the conclusion of written contracts covering one or more steps of that delivery";
(b) In the third paragraph, the words: "or economic operators mentioned in the first paragraph of Article L. 551-1, owners of the goods" are replaced by the words: "or, when the delivery of the agricultural products concerned is carried out through one or more intermediaries, to the proposal of written contracts covering one or more steps of that delivery";
(c) In the fourth paragraph, the words: "These written contracts include" are replaced by the words: "The written contracts mentioned in the 1st or the proposal for written contracts mentioned in the 2nd contain" and the second sentence is deleted;
(d) The fifth to eighth preambular paragraphs shall be replaced by the following subparagraph:
"The conclusion or proposal of written contracts may be made mandatory by a decree in the Council of State that sets, by product or class of products, by category of buyers and, if necessary, by mode of marketing, the minimum duration of the contract. » ;
(e) In the ninth, eleventh, fourteenth and fifteenth paragraphs, respectively the sixth, eighth, eleventh and twelfth preambular paragraphs, the words: "The inter-professional agreement referred to in (a) or the decree in the Council of State referred to in (b) shall be replaced by the words: "The decree mentioned in the fifth preambular paragraph";
(f) In the second sentence of the eleventh preambular paragraph, which became the eighth preambular paragraph, the words "prepared by the agreement or decree in the Council of State" are replaced by the words "prepared by the decree mentioned in the fifth preambular paragraph";
(g) In the thirteenth preambular paragraph, the words "in the eighth to tenth preambular paragraphs" are replaced by the words "in the fifth and sixth preambular paragraphs";
2° II is thus amended:
(a) In the first paragraph, the words: "in the terms of the inter-professional agreement referred to in the a of I or in the provisions of the decree in the Council of State referred to in the b of I" are replaced by the words: "in the provisions of the decree in the Council of State referred to in the fifth paragraph of I";
(b) The last paragraph is deleted;
3° In III, the words: "III. - This section is replaced by the following provisions:
"III. - The decree referred to in the fifth paragraph of I may only be taken if no inter-professional agreement making the proposal or conclusion of written contracts that meet the conditions mentioned in I and II has been extended under the conditions laid down in articles L. 632-3 and L. 632-4. If such an agreement is adopted and extended after publication of a decree referred to in the fifth paragraph of the I, the application of this decree is suspended for the duration of the agreement.
"IV. - This article. » ;
4° Before the last preambular paragraph, a subparagraph shall read:
"It is also not applicable to the companies referred to in Article L. 521-1 as long as they have handed over to their co-operators a copy of the statutes or rules of procedure or the rules or decisions set out in these statutes or by deriving from the contractual clauses referred to in I."
II. - Article L. 631-25 of the same code is amended as follows:
1° In the first paragraph, after the words: "under the conditions set out in I", the words "or in III" and the words: "by economic operator mentioned in the first paragraph of Article L. 551-1" are replaced by the words: "by means referred to in the second and third paragraphs of Article L. 631-24";
2° In the eighth paragraph, the reference to Article L. 631-24 II is replaced by the reference to Article L. 631-24 IV.
III. - In article L. 631-29 of the same code, the words "at the I" are replaced by the words "at the III" and the words "at the I" are replaced by the words "at the I".
Section 1 of Chapter II of Title III of Book VI of the same Code is amended as follows:
1° In Article L. 632-1, the words "are, in particular, intended by the conclusion of inter-professional agreements" are replaced by the words "continue, inter alia, one or more of the objectives listed in paragraph 1 (c) or in paragraph 3 (c) of Article 157 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° In article L. 632-1-1, the words: "after the advice of the Higher Council for the Guidance of Fisheries, Aquaculture and Food Policy" are deleted;
3° The last two paragraphs of Article L. 632-1-3 become Article L. 632-12;
4° Article L. 632-2 is amended as follows:
(a) The second and third sentences of the third subparagraph of I are deleted;
(b) In the fourth sentence of the third paragraph, which became the second sentence, after the words "assorted with the "mountain designation" are inserted the words "or products derived from organic farming";
(c) II is repealed;
5° In article L. 632-2-2, the words: "In the wine sector" are deleted;
6° Article L. 632-5 is amended as follows:
(a) In the first paragraph, the words: 1 of Article 10 of Order No. 86-1243 of 1 December 1986 relative to the freedom of prices and competition are replaced by the words: 1° of Article L. 420-4 of the Commercial Code » ;
(b) In the last paragraph, the words "last paragraph" are replaced by the reference "II";
7° Article L. 632-6 is amended as follows:
(a) In the first paragraph, after the reference to Article L. 632-4, the words are inserted: "and, if applicable, in Article 165 of Regulation (EU) No. 1308/2013 of the European Parliament and the Council of 17 December 2013,";
(b) At the beginning of the last paragraph, the words: "without prejudice to the application, if any, of theArticle L. 441-6 of the Commercial Code » are deleted;
8° In the fifth paragraph of Article L. 632-7, the words: "at Article 113 quater of Regulation (EC) No 1234/2007 of the Council of 22 October 2007 concerning the joint organization of markets in the agricultural sector and specific provisions with regard to certain products of this sector (regulation "one MCO") are replaced by the words: "at Article 167 of the Regulation (EU) No 1308/2013 of the European Parliament
9° In the first paragraph of section L. 632-12, in its drafting from this order, the words: "This section and sections L. 632-1, L. 632-2, L. 632-2-1, L. 632-3, L. 632-4 and L. 632-6 shall not apply" shall be replaced by the words: "This section shall not apply" and the words: "the provisions" shall be replaced by the words ".
I. - Chapter II of Book IX title I of the same Code is amended as follows:
1° Sections L. 912-11 and L. 912-12 are replaced by the following:
"Art. L. 912-11. - The administrative authority recognizes the organizations of producers and associations of organizations of producers of fishery products and aquaculture products, under the conditions set out in the regulations governing the joint organization of markets in the fisheries and aquaculture products sector.
"Art. L. 912-12. - An organization of recognized producers or an association of recognized producer organizations may ask the administrative authority that the rules it adopts be made mandatory for non-member producers of that organization or association under the conditions provided by the regulations governing the joint organization of markets in the fisheries and aquaculture sector. » ;
2° In the first paragraph of Article L. 912-12-1, the words: "in the operational fishing campaign program or" are deleted;
3° Section L. 912-13 is replaced by the following provisions:
"Art. L. 912-13. - The modalities for extending the rules mentioned in Article L. 912-12 are specified by decree in the Council of State.
"In the event of a breach of these rules, producer organizations may seek compensation for the harm caused to them. » ;
4° Section L. 912-14 is amended as follows:
(a) After the words: "at the control of producer organizations" are inserted the words: "and associations of producer organizations";
(b) The words: "on the one hand, and the rules relating to the implementation by these organizations of the withdrawal price regime set out in the European regulations governing the joint organization of markets in the fisheries and aquaculture sector, on the other hand," are deleted.
II. - Title II of Book IX of the same Code is amended as follows:
1° In the first paragraph of Article L. 921-1, after the words "sea plants", the words "fishing operations for scientific purposes" are inserted;
2° In sections L. 921-4 and L. 921-7, the word "community" is replaced by the words "European Union";
3° In the first paragraph of Article L. 921-5, the words: "of an operational fishing campaign program provided for in Article 9 of Council Regulation (EC) No 104/2000 of 17 December 1999 concerning the joint organization of markets in the fisheries and aquaculture sector or" are deleted;
4° In the fifth paragraph of Article L. 921-7, after the word "Terms" are inserted the words "of the grant of the European Fisheries Licence and".
III. - The last paragraph of Article L. 931-11 of the same code is deleted.
I. Section 4 of chapter IV of Book VI title V of the same code is amended as follows:
1° Articles L. 654-28 and L. 654-32 to L. 654-34 are repealed;
2° In article L. 654-29, the reference to article L. 654-29 is deleted.
II. - Dairy campaigns prior to 2014–15 and those relating to 2014–15 remain governed by the provisions of sections L. 654-32 to L. 654-34 in their writing before this order.
I. - Section L. 741-15-1 of the same code is repealed.
II. - In the first paragraph of Article L. 241-13 of the Social Security Code, the words: "and with the exemption provided for in theArticle L. 741-15-1 of the Rural and Maritime Fisheries Code » are deleted.
The Prime Minister, the Minister of Ecology, Sustainable Development and Energy and the Minister of Agriculture, Agri-Food and Forestry, spokesperson for the Government, are responsible, each with respect to the application of this Order, which will be published in the Official Journal of the French Republic.
Done on October 7, 2015.
François Hollande
By the President of the Republic:
The Prime Minister,
Manuel Valls
Minister of Agriculture, Agri-Food and Forestry, Government Spokesperson,
Stéphane Le Foll
Minister of Ecology, Sustainable Development and Energy,
Royal
