Key Benefits:
People concerned: farmers.
Purpose: Integrated Management and Control System; Eligibility of surfaces to the basic payment regime; notion of active farmer.
Entry into force: the text comes into force on the day after its publication.
Notice: the decree updates the references contained in the provisions of the Rural Code and Maritime Fishing European regulations relating to the integrated management and control system and introduced new provisions concerning the eligibility of surfaces under the basic payment regime and the notion of active farmer.
References: the Rural Code and Maritime Fishing can be accessed at the Légifrance website (http://www.legifrance.gouv.fr).
The Prime Minister,
On the report of the Minister of Agriculture, Agri-Food and Forestry, spokesman for the Government,
Having regard to Regulation (EU) No. 1306/2013 of the European Parliament and of the Council of 17 December 2013 on the financing, management and monitoring of the common agricultural policy and repealing regulations (EEC) No. 352/78, (EC) No. 165/94, (EC) No. 2799/98, (EC) No. 814/2000, (EC) No. 1200/2005, (EC) No. 485/2008;
Having regard to Council Regulation (EU) No. 1307/2013 of the European Parliament and Council of 17 December 2013 establishing rules on direct payments to farmers under support regimes under the Common Agricultural Policy and repealing Council Regulation (EC) No. 637/2008 and Council Regulation (EC) No. 73/2009;
In view of the Commission's delegated regulation (EU) No. 639/2014 of 11 March 2014 supplementing Regulation (EU) No. 1307/2013 of the European Parliament and the Council establishing rules for direct payments to farmers under support schemes under the Common Agricultural Policy and amending Annex X of the said Regulation;
In view of the Commission's delegated regulation (EU) No. 640/2014 of 11 March 2014 supplementing Regulation (EU) No. 1306/2013 of the European Parliament and the Council with regard to the integrated management and control system, the conditions for refusal or withdrawal of payments and administrative sanctions for direct payments, support for rural development and conditionality;
In view of Commission Implementing Regulation (EU) No. 809/2014 of 17 July 2014 establishing the modalities for the implementation of Regulation (EU) No. 1306/2013 of the European Parliament and the Council with regard to the integrated management and control system, measures for rural development and conditionality,
Decrete:
Chapter V of Book VI title I of the Rural and Maritime Fisheries Code (regulatory part) is thus amended:
1° Its title is replaced by the following title:
“Chapter V
"Associates of Common Agricultural Policy";
2° In the title of section 1, the word "common" is replaced by the word "general";
3° Subsection 1 is replaced by the following:
"Subsection 1
“Presentation and instruction of applications
"Art. D. 615-1.-In accordance with Article 72, paragraph 4, of Regulation (EU) No. 1306/2013 of the European Parliament and of the Council of 17 December 2013 on the financing, management and monitoring of the common agricultural policy, a single application is filed for the aid schemes set out in the list by order of the Minister for Agriculture.
"In accordance with the provisions of Articles 11 to 17 and 22 of the Implementing Regulations (EU) No. 809/2014 of the Commission of 17 July 2014 establishing the modalities for the implementation of Regulation (EU) No. 1306/2013 of the European Parliament and the Council with respect to the integrated management and control system, measures for rural development and conditionality, this decree specifies the content, the format of presentation, the deadline of filing and the deadline of change
"It also specifies the deadline for filing applications for the assignment of rights to the basic payment or increase in the value of these rights referred to in section 22 of the Regulations.
"Art. O.C. 615-2.-A Minister of Agriculture Order sets out the terms and conditions for the filing of applications for assistance under a direct support regime that are not included in the single application referred to in section D. 615-1.
"Art. D. 615-3.-The prefect is responsible, on behalf of the paying agency within the meaning of Article 7 of Regulation (EU) No 1306/2013 of the European Parliament and of the Council of 17 December 2013, for the instruction of requests for assistance and the application, when calculating the amount of assistance to be paid, the reductions and administrative sanctions provided for in Articles 63,64,77,97 and 99 of the Regulations
"Art.D. 615-4.-In accordance with the provisions of Article 8 of the Commission's Implementing Regulations (EU) No. 809/2014 of 17 July 2014, a decree of the Minister for Agriculture specifies the terms and conditions for the application of the provisions relating to operational transfers after the introduction of a request for assistance. » ;
4° Sub-section 4 of section 1 becomes subsection 3 and is replaced by the following:
"Subsection 3
"Determination of interest rates, minimum amounts and reductions
"Art. D. 615-7.-In accordance with Article 10, paragraph 2, of Regulation (EU) No 1307/2013 of the European Parliament and of the Council of 17 December 2013 establishing the rules relating to direct payments to farmers under the support regimes under the Common Agricultural Policy, no direct payments may be granted when the total amount of direct payments requested or to be granted in a calendar year set before the application of Article 636/
"Art. D. 615-8.-The interest rate set out in 2 of Article 7 of Commission Implementing Regulation (EU) No 809/2014 of 17 July 2014 and applied to the reimbursement of undue payments is the legal interest rate in force.
"Art. D. 615-9.-The reduction for non-declaration of agricultural lands provided for in Article 16 of the Delegated Regulation (EU) No 640/2014 of the Commission of 11 March 2014 is determined by order of the Minister for Agriculture. » ;
5° Sub-section 6 becomes subsection 4 and is replaced by the following:
"Subsection 4
“Determination of land
"Art. D. 615-10.-For the application of 2.3 and 4 of section 38 of the Commission's Implementing Regulations (EU) No. 809/2014 of 17 July 2014, a decree of the Minister for Agriculture defines the instruments of control allowing the measurement of areas declared under the relevant aid regimes and the margin of tolerance that may be applied to this measure.
"Art. D. 615-11.-I.-For the application of 3 of Article 9 of the Delegated Regulation (EU) No 640/2014 of the Commission of 11 March 2014, the maximum tree density is fixed to one hundred trees per hectare.
"II.-A prorata system is applied to determine the eligible surface of permanent grasslands and pasture referred to in section 10 of the Commission's Delegated Regulation (EU) No 640/2014 of March 11, 2014. An Agriculture Minister's order defines categories of homogeneous land cover types for which a fixed reduction coefficient is applied, as well as associated reduction factors.
"Art. D. 615-12.-For the application of Article 72 of Regulation (EU) No 1306/2013 of the European Parliament and of the Council of 17 December 2013, a decree of the Minister for Agriculture sets the minimum size of the islets that may be requested for assistance.
"Art. D. 615-13.-For the application of Article 32, paragraph 3, of Regulation (EU) No 1307/2013 of the European Parliament and of the Council of 17 December 2013, a decree of the Minister for Agriculture sets out the conditions under which agricultural surfaces declared under the basic payment regime can be used for non-agricultural activities.
"Art. D. 615-14.-The list of forest species suitable for the use of short-voluntary cuts referred to in c of 2 of Article 4 of Regulation (EU) No 1307/2013 of the European Parliament and of the Council of 17 December 2013 and their maximum harvest cycle shall be fixed by order of the Minister for Agriculture.
"Art. D. 615-15.-I.-For the application of the f of 1 of Article 4 of Regulation (EU) No 1307/2013 of the European Parliament and of the Council of 17 December 2013, the jars are defined as agricultural surfaces that are not used or valorised for a period defined by decree of the Minister responsible for agriculture.
"By derogation from the preceding paragraph, bare soils are allowed for areas declared in black jars on the injunction of the administrative authority referred to in section L. 201-4 for the control of plant pests listed in section D. 201-1.
"A Minister's order for agriculture specifies the authorized covers and the maintenance arrangements for these surfaces.
"II.-For the purposes of paragraph 2 of the same section, an order of the Minister for Agriculture sets out the criteria to be met by farmers to meet the obligation to maintain an agricultural surface in a state that makes it suitable for pasture or cultivation without preparatory action beyond current agricultural practices or the use of current agricultural machinery under the conditions provided for in Article 4 of the Delegate Regulation (2014) No. 639/
"Art. D. 615-16.-For the purposes of Article 5 of the Commission's Delegated Regulation (EU) No. 639/2014 of 11 March 2014, a decree of the Minister for Agriculture defines the minimum activity to be exercised on agricultural surfaces naturally preserved in a state that makes them suitable for pasture or cultivation.
"Art. D. 615-17.-An order of the Minister for Agriculture sets out the local practices established in the case of permanent grasslands under the conditions laid down in Article 7 of the Delegated Regulation (EU) No. 639/2014 of the Commission of 11 March 2014. » ;
6° In section 1, a sub-section 5 is re-established as follows:
"Subsection 5
« Active farmer
"Art. D. 615-18.-I.-For the application of the b of 2 of Article 9 of Regulation (EU) No 1307/2013 of the European Parliament and of the Council of 17 December 2013, agricultural activities are considered to be negligible if the revenues derived from them represent, under the conditions provided for in the second paragraph of Article 13 of Regulation (EU) No. 639/2014 of 11 March 2014, a share of the total revenues to exceed
"II.-In accordance with Article 13, paragraph 3, of the Delegated Regulation (EU) No. 639/2014 of 11 March 2014 referred to above, an order of the Minister for Agriculture sets out the conditions under which it may be considered that agricultural activity is the principal activity or the social object of the applicant.
"III.-The maximum amount of direct payments received in the previous year referred to in Article 9 of Regulation (EU) No 1307/2013 of 17 December 2013 is fixed by order of the Minister for Agriculture. »
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 October 9, 2015.
Manuel Valls
By the Prime Minister:
Minister of Agriculture, Agri-Food and Forestry, Government Spokesperson,
Stéphane Le Foll
