Machine Translation of "Decree No. 2007 - January 11, 2007 58 Taken For The Application Of The Fifth Paragraph Of Article L. 632 - 7 Of The Rura..." (France)

Decree No. 2007 - January 11, 2007 58 Taken For The Application Of The Fifth Paragraph Of Article L. 632 - 7 Of The Rural Code And Modifying The Regulatory Part Of The Code

Original Language Title: Décret n° 2007-58 du 11 janvier 2007 pris pour l'application du cinquième alinéa de l'article L. 632-7 du code rural et modifiant la partie réglementaire de ce code

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Summary

Application of Art. 47 of the Act 2005-157.

Keywords

AGRICULTURE , RURAL CODE , AGRICULTURAL POLICY , ORGANIZATION , INTERPROFESSIONAL ORGANIZATION , MISSION , RUNNING , ROLE , COMPETENCE

JORF No. 11 of 13 January 2007 Page 866
Text No. 39

DECRET
Decree n ° 2007-58 of 11 January 2007 for the application of the fifth paragraph of Article L. 632-7 of the Rural Code and amending the regulatory part of that code

NOR: AGRP0602196D ELI: http://www.legifrance.gouv.fr/eli/decret/2007/1/11/AGRP0602196D/jo/texte
Alias: http://www.legifrance.gouv.fr/eli/decret/2007/1/11/2007-58/jo/texte

The Prime Minister,
On the Report of the Minister of Agriculture and Fisheries and the Minister of Economy, Finance and Industry,
Given the General Tax Code ;
In view of the Code of Civil Procedure, in particular its Articles 1405 and following;
In view of the Rural Code, in particular Articles L. 632-6 and L. 632-7;
The Council of State (Public Works Section) heard,
Clipping:

Item 1
Articles R. 632-8-1 to R. 632-8-9 below are added to Subsection 3 of Section 1 of Chapter II of Title III of Book VI of the Rural Code (Regulatory Party):
" Art. R. 632-8-1. -The provisions of the fifth paragraph of Article L. 632-7 shall apply to the recovery of unpaid
: -referred to in Article L. 632-6 by a recognised interprofessional organisation representing producers Or traders of alcohol, intermediate products, wine, cider or poiré, hereinafter referred to as "the interprofessional organization;
" -and owed by an adherent to this interprofessional organisation, having the quality of storage Within the meaning of Article 302 G of the General Tax Code, hereinafter referred to as "the debtor.
" Art. R. 632-8-2. -Where the interprofessional organisation holds, against the same debtor, one or more claims which have been the subject of an order for payment of an order to pay and whose total amount exceeds a threshold fixed by the order of the Ministers responsible for the budget and agriculture, may refer the matter to the Regional Director of Customs and Indirect Rights within the jurisdiction of which she has his or her seat of application for the implementation of articles R. 632-8-3 to R. 632-8-5 Below.
" Art. R. 632-8-3. -The interprofessional organisation shall attach to its application the original and a copy of the enforceable titles it holds, accompanied, where appropriate, by documents establishing that the claims remained unpaid on the day of the referral. It shall also indicate the qualities, species and natures of goods which are the origin of the unpaid claim, expressed by name or denomination, by volume of pure alcohol for the alcohol, by volume, by colour, by name or denomination For intermediate products, wines, ciders and poirés.
" The interprofessional organisation informs its debtor of the referral, by registered letter with acknowledgement of receipt. The debtor has thirty days from receipt to pay its debt to the interprofessional organization.
" Art. R. 632-8-4. -In the absence of payment of the claims at the expiry of the time limit, the interprofessional organisation may confirm to the Regional Director of Customs and Indirect Rights its request that the products be blocked in Suspensory warehouse of excise duty.
" When the Regional Director of Customs and Indirect Rights decides to proceed with the blocking, he shall notify his decision to the authorised warehousekeeper
The blocking is carried out under the conditions and according to the The following terms:
" -the products must be marketable and present the qualities, species and natures equivalent to those of the goods at the origin of the unpaid claim;
" -the blocking measure covers a volume at most equal The person who was communicated to the Authority pursuant to R. 632-8-3;
" -the authorised warehousekeeper shall be included in the accounting records and shall carry forward on the monthly summary declaration a special mention Products the volume blocked;
" -the blocked volumes shall, as a matter of priority, bear on the first volumes liable to leave the suspended warehouse of excise
. The Regional Director of Customs and Indirect Rights may refuse or withdraw The means of validation and the accompanying documents referred to in Article 302 M of the General Tax Code, in accordance with the rules on indirect contributions, in particular Article 111 H b of Annex III to that code
Art. R. 632-8-5. -The blocking measure shall be lifted as soon as the Regional Director of Customs and Indirect Rights is aware of the full payment of the claims:
" -or by the information given to it by the interprofessional organization;
" -or By the presentation by the debtor of enforceable titles paid.
" In all cases, the administration notifies the debtor.
" Art. R. 632-8-6. -The interprofessional organisation which holds, against the same debtor, one or more claims whose total amount exceeds a threshold established by the decree of the Ministers responsible for the budget and agriculture may refer the matter to the Director Regional customs and indirect rights without having to justify an order to pay if, in the three years preceding the referral, the debtor has already been subject to the measures described in R. 632-8-2 and R. 632-8-3.
" Art. R. 632-8-7. -The interprofessional organization shall attach to the application all documents enabling the Regional Director of Customs and Indirect Rights to ensure that the claims are certain and payable. Invoices, exchanges of letters, minutes, and friendly agreements that have been the subject of a written statement are included.
" It also indicates the qualities, species and natures of goods which cause unpaid claims, Expressed by name or denomination, in volume of pure alcohol for alcohols, in effective volume, by colour, by name or denomination for intermediate products, wines, ciders and poirés.
" Art. R. 632-8-8. -As from this reference, the provisions of the last paragraph of Article R. 632-8-3 and Article R. 632-8-4 shall apply.
" Art. R. 632-8-9. -The blocking measure shall be lifted as soon as the Regional Director of Customs and Indirect Rights is aware of the full payment of the claims:
" -or by the information given to it by the interprofessional organization;
" -or By the presentation by the debtor of a release issued by the interprofessional organization.
" In all cases, the administration notifies the debtor of the blocking. "

Item 2 Read more about this Article ...

The Minister of Economy, Finance and Industry, the Minister of Agriculture and Fisheries, and the Minister Delegate to the Budget and State Reform, Government Spokesperson, are responsible for each As regards the execution of this Decree, which shall be published in the Official Journal of the French Republic.

Done at Paris, January 11, 2007.

Dominique de Villepin

By the Prime Minister:

The Minister of Agriculture and Fishing,

Dominique Bussereau

Minister of Economy,

Finance and Industry,

Thierry Breton

The Minister delegated to the

budget and state reform,

spokesman for the Government,

Jean-François Copé

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