Key Benefits:
The Minister of Agriculture, Food, Fisheries and Rural Affairs and the Minister Delegate to Budget and Budget Reform,
Given the Rural Code, including its articles L. 221-1, L. 221-2 and L. 223-8;
In view of the Order of 30 March 2001 laying down detailed rules for the estimation of slaughtered animals and destroyed foodstuffs and products on the orders of the administration;
In the opinion of the National Veterinary Committee (Committee Animal health and protection advisory),
Stop:
The Order of March 30, 2001, is amended as follows:
I.-In the fifth paragraph of Article 1, after the Words: " Renewal of the stock ", are added the words:" As defined in Annex I to this Order ".
II. -After Article 1 is inserted an Article 1a thus written:
' Art. 1a. -The objective market value of animals may be determined on the basis of criteria defined by the Minister responsible for agriculture, taking into account, inter alia, age, sex, economic vocation, genetic value and Zootechnical performance of animals.
If the pregnancy status of the females is established, they are taken into account in determining their objective market value. Births between expertise and slaughter shall not give rise to additional compensation.
The objective market value shall be determined without taking into account the premiums to which the animals referred to in the slaughter decision are Likely to be eligible. "
III. -After Article 1a is inserted an Article 1 ter thus written:
' Art. 1b. -The costs directly related to the renewal of the stock are set up by:
-the health costs of the introduction within the limit of the number of animals to be disposed of, present at the date of the appraisal;
-the costs of approach and transport in The limit on the number of animals to be disposed of at the time of expertise;
-the costs of disinfecting livestock premises;
-additional requirements for repopulation;
-the momentary production deficit resulting from slaughter The
of such costs borne by the State shall be determined in accordance with Annex I to this Order. "
IV. -The first paragraph of Article 2 reads as follows:
" In each department, the prefect establishes a list of experts divided into two categories. The first category comprises breeders and professionals in the fields of animal or animal products or animal products of the department recognised for their moral authority and probity. The second category includes livestock specialists selected for their knowledge of animal husbandry, market and marketing, as well as specialists chosen for their knowledge of the market and marketing Animal or animal products and products. "
V. Article 5 reads as follows:
" Art. 5. - The modalities for the presentation of the expert report shall be defined by the instruction of the Minister responsible for agriculture.
Where the replacement value estimated by the experts as a result of the expertise referred to in Article 4 is greater than the Basic amount as defined in Annex II on average by category of animals of the species concerned, the report must detail the reasons for this increase, in particular with regard to the characteristics and performance of the herd.
Where the value In exceptional cases, for the species concerned, the increased amounts as defined in Annex II on average by category of animals, shall be calculated on the basis of genetic or performance indices or Of any other objective criterion in accordance with the rules laid down in Article 1a and the evidence relating to those indices or criteria shall be attached to the expert report.
The replacement value of animals belonging to a non-subject category By the instructions provided for in Article 1a shall be supported by all relevant supporting documents.
In order to determine the commercial value of the goods and products, the experts shall rely, in particular, on the invoices for purchase or sale, the Rates as well as a state of inventory. These documents are attached as required to the expert report. "
VI. Article 6 reads as follows:
" Art. 6. - The expert report (s) shall be appraised by the Prefect, who may request the production of any additional element of appreciation of the commercial value of the goods and products or of the replacement value of the animals and the opinion of the
prefect shall then stop the final amount of the compensation and notify the owner of the animals, foodstuffs or products. "
VII. -After Article 6, an Article 6 bis reads as follows:
" Art. 6 bis. -I.-The indemnification of the objective market value of the animals shall be paid to the farmer on presentation of the proof of the slaughter of all the animals affected by the decision and, where appropriate, their cost recovery. Animals that may have died subsequent to the expertise are not compensated.
Compensation for costs directly related to the renewal of livestock is paid on the basis of the following supporting documents:
-for health costs Introduction: invoices for the incurred costs;
-approach and transport charges, as well as additional requirements for restocying: renewal animals purchase invoices;
-for disinfection costs: Invoice Disinfection operations;
-for loss of production: accounting records.
Compensation for goods and products shall be paid in the light of the relevant evidence referred to in Article 5 and a certificate of their Destroy.
II. -Pursuant to Article L. 221-2 of the Rural Code, State allowances to compensate for losses resulting from the elimination of animals shall be paid to the owner of the animals.
Where the holder of the animals does not Is not the owner, he shall not claim the benefit of the allowances, unless he provides the Director of Veterinary Services with a written discharge, to his benefit, signed by the owner and certified by the mayor of the
. Where a dispute arises with respect to the ownership of the animals disposed of, the corresponding allowances shall be recorded with the Caisse des Depots et consignations until the amicable or judicial settlement of the dispute referred to
. In respect of livestock consisting of both leased animals and animals maintained in full ownership by the breeder, slaughter allowances shall be paid to the various rightholders for the only animals belonging to them, on presentation to the The director of the veterinary supporting documents authenticating their property.
III. -The allowances provided for in this Order shall not be awarded in the following cases:
1 ° Death of an animal, whatever the cause;
2 ° Non-compliance with animal health regulations;
3 ° Animal Disposed of outside the time limits set by the Director of Veterinary Services; and
4 Animal sold according to the said mode " Without warranty " Or sold at a price deemed improperly low by the Director of Veterinary Services;
5 ° All Circumstances Appearance of an abusive intention of the breeder in order to divert the regulation of his object.
However, in the event of a challenge to the owner resulting from the provisions of this Article, the decision shall be taken by the prefect, after Opinion of the committees provided for in Article 5 of Decree No 80-516 of 4 July 1980 on the implementation of measures for the collective prophylaxis of animal diseases. "
VIII. -The Annex becomes Annex II.
IX. -Before Annex II is inserted an Annex I worded as follows:
" A N N E X E I
State participates in costs Directly related to the renewal of the herd under the following conditions:
A. -Bovine Animals
1. Health costs of introduction:
-health costs related to the introduction of reintroduced animals, within the limit of the number of animals to be disposed of and present on the date of expertise.
2. Approach and transport costs:
-lump-sum participation of 75 EUR per reintroduced animal, within the limit of the number of animals present on the date of the expert.
3. Disinfection costs of farm buildings and equipment:
75 % of the cost of disinfection performed by an approved company.
4. Additional repopulation requirements:
15 % of the objective market value of breeding females over 24 months present at the time of expertise.
5. The temporary production deficit resulting from the slaughter of animals:
-for dairy farms, this allowance is based on the production marketed over the period of the previous year corresponding to the three months following the date of The expertise, at the average selling price achieved over this period, decreased the cost of food concentrates;
-for meat-feeding farms, this deficit will be assessed by the difference between the expected butchered value at the end of the Feeder of animals maintained to be slaughtered for slaughter within a maximum period of one year and their objective market value at the date of the expert's expertise, after deduction of the cost of their feeding.
B. -Animals Ovine and caprine species
1. Health costs of introduction:
-health costs related to the introduction of reintroduced animals, within the limit of the number of animals to be disposed of and present on the date of expertise;
-in the case of scrapie, the cost of Genotyping for the renewal of sensitive and highly sensitive animals slaughtered within one month of the declaration of the home is covered under the conditions laid down by the joint decree of the Ministers responsible for agriculture and Budget.
2. Approach and transport costs:
-a flat-rate contribution of 5 EUR per reintroduced animal, within the limit of the number of animals present on the date of the expert's
. Disinfection costs of farm buildings and equipment:
75 % of the cost of disinfection performed by an approved company.
4. Additional repopulation requirements:
15 % of the objective market value of breeding females over 6 months of age to be eliminated, present at the time of expertise.
5. Momentary production deficit resulting from the slaughter of animals:
-for dairy farms, this allowance is based on the production marketed over the period of the previous year corresponding to the six months following the date of The expertise, at the average selling price achieved over this period, decreased the cost of food concentrates;
-for meat-feeding farms, this deficit will be assessed by the difference between the expected butchered value at the end of the Feeder of animals maintained to be slaughtered for slaughter within a maximum period of six months and their fair market value at the date of the expert's expertise, after deduction of the cost of their
. Sheep, the State shall not bear the costs corresponding to points 1, 2, 4 and 5 above for the renewal of sensitive animals with an additional time-limit for slaughter in accordance with the conditions laid down by order The joint ministers responsible for agriculture and the budget. "
X. -Point 2 of Annex II reads as follows: '
' 2. Sheep animal grid:
You can view the table in OJ
No 27, 01/02/2003, page 2015 to 2017
The provisions of item X of section 1 above apply as of September 14, 2002.
The Director General of Food, Ministry of Agriculture, Food, Fisheries and Rural Affairs, the Director of the Budget Ministry of Budget and Budget Reform and the Prefects are each responsible for the execution of this Order, which shall be published in the Official Journal of the French Republic.
Done at Paris, January 30, 2003.
Minister of Agriculture, Food,
Fisheries and Rural Affairs,
For the Minister by delegation:
The General Manager of Power,
C. Geslain-Lanéelle
The Minister Delegate to the Budget
and Budget Reform,
For the Minister and by Delegation:
By preventing the Director of the Budget :
The Deputy Director,
A. Bosche-Lenoir
