Key Benefits:
Minister of Agriculture, Food, Fisheries and Rural Affairs,
In view of Council Regulation (EC) No 2200/96 of 28 October 1996 as amended Common organisation of the market in fruit and vegetables, as last amended by Commission Regulation (EC) No 47/2003 (1), and in particular Article 48 thereof;
Having regard to Council Regulation (EC) No 2201/96 of 28 October 1996 Amending the common organisation of the market for processed fruit and vegetable products;
Having regard to Council Regulation (EC) No 2202/96 of 28 October 1996 as amended establishing a system of aid for producers of certain citrus fruits;
Council Regulation (EEC) No 2081/92 of 14 July 1992 on the protection of geographical indications for agricultural products and foodstuffs;
Having regard to Commission Regulation (EC) No 1433/2003 of 11 August 2003 laying down detailed rules Application of Council Regulation (EC) No 2200/96 as regards operational funds, operational programmes and financial assistance;
Having regard to Commission Regulation (EC) No 1685/2000 of 28 July 2000 laying down detailed rules for implementation Council Regulation (EC) No 1260/99 as regards the eligibility of expenditure in the framework of operations co-financed by the Structural Funds, and in particular Rules 4, 5, 6 and 10;
Having regard to Commission Regulation (EC) No 1432/2003 On 11 August 2003 laying down detailed rules for the application of Council Regulation (EC) No 2200/96 as regards the recognition of producer organisations and the pre-recognition of producer groups;
In view of Regulation (EC) No 659/97 of The Commission of 16 April 1997 laying down detailed rules for the application of Council Regulation (EC) No 2200/96 as regards the system of interventions in the fruit and vegetable sector;
Having regard to Decree No. 2000-1053 of 24 October 2000 on The economic organisation in the fruit and vegetable sector;
Having regard to the Decision of 15 October 2003 laying down detailed rules for the implementation of Commission Regulation (EC) No 1433/2003 laying down detailed rules for the application of Regulation (EC) No 2200/96 of the With respect to operational funds, operational programs and financial assistance,
Stop:
Article 7, paragraph 3, of the decree of 15 October 2003 referred to above is a third subparagraph thus drafted :
" In accordance with this paragraph, the producer organisation using the levy on sales for the supply of its operational fund shall maintain a summary statement of sales invoices for fruit and vegetables From its members for which it is recognized. The amount of the levy is calculated as a percentage applied to the cumulative total sales. This levy is recorded on an account opened for that purpose. "
Paragraph 2 of Article 12 of the decree of 15 October 2003 is amended as follows:
" 2. The investments of the producer organisation or its subsidiary as defined in Article 4 (2) (a), including those carried out under lease contracts, whose amortization period exceeds the duration of the programme Operational programme may be carried over to a subsequent operational programme for duly justified economic reasons, in particular in cases where the period of tax depreciation exceeds five years. This provision applies only to operational programs and amendments to approved operational programs beginning in 2004. "
Paragraph 5, paragraph 5, of Article 12 of the decree of 15 October 2003 is amended as follows: :
" In all cases, the obligations laid down in the approved package must be fully met and the producer organisations shall provide proof of the implementation of the measure by providing the supporting documents listed in the Each approved package. In the case where the package applies per hectare, an internal control of the areas concerned must be carried out and validated by a certifying body. "
The following paragraphs are added to Article 12 of the decree of 15 October 2003:
" 6. As part of the specific costs, a flat-rate basis may be used to determine the amount of additional costs. This lump sum shall be established in the following terms:
-it is proposed by the Agricultural Economic Committee;
-validated by the relevant technical centre;
-and approved by the Ministry of Agriculture (policy direction Economic and International, DPEI).
For operational funds 2003, and by way of derogation from the provisions of the preceding paragraph, the packages developed by an external body to the organisation of producers of type management centre, room
As regards the authorisation, the additional costs associated with the application of a product specification which goes beyond the marketing standard may be covered by the operational fund on the basis of a Package corresponding to 60 % of total grading expenditure.
In the case of plants, seeds and mycelia, the additional costs associated with the use of certified varieties may be borne by the operational fund on the basis of a Package corresponding to 30 % of the non-tax cost of the plant, seed or mycelium.
7. The specific costs of environmental management of marketing packaging, excluding pallets, may be taken into account on the basis of a package corresponding to 17 % of the cost of packaging, on presentation by the OP of paid invoices Purchase or rental. "
Paragraph 1 of Article 17 of the decree of 15 October 2003 is amended as follows:
" 1. Producer organisations may modify their operational programme for the current year, provided that:
-that the general objectives of the operational programme are maintained;
-that the increase in the amount of the fund Initially approved operational not greater than 20 %;
-and the amendments do not reduce the total amount of the mandatory measures, except in the case of a recognized farm calamity.
A simple written notification The competent prefect on or before 31 December of the year of the programme shall be required in the following cases:
-removal or modification of an action within a measure of their operational programme;
-change in the amount One or more measures, as approved by the eligibility decision of the operational fund of the year in question within the limit of an increase of 20 % per measure. "
The following subparagraph is added to paragraph 2 of Article 20 of the decree of 15 October 2003:
" -the list Members of the producer organisation present on 1 January of the current year showing the departures and arrivals in the past year. For requests for assistance to Operational Funds 2003, this item will be provided by March 31, 2004. "
The third paragraph of Article 29 of the decree of 15 October 2003 is amended as follows:
" However, requests for simple amendments, as cited in the second subparagraph of Article 17 (1), do not entail the obligation to comply with the provisions of Regulation No 1433/2003. "
Article 29 of the decree of 15 October 2003 is completed as follows:
" The validation of control The operational programmes implemented in 2003 shall not be required for the internal surfaces which are the subject of a request for a contract by a certifying body provided for in Article 12 (5). "
The following changes are made to the schedules to the October 15, 2003, Order:
1. Point 4.6 of Annex I shall be replaced by:
" 4.6. Advertising-Generic promotion-Promotion of collective marks. "
2. The thirteenth paragraph of point 3 of Annex II, beginning with the words: Evidence of direction ... " Is deleted.
3. The second paragraph of point 5 of Annex II reads as follows:
" The staff costs taken into account must correspond mainly to qualified personnel (at least 75 %). The qualification of staff is assessed in terms of The title of the function appearing on the pay sheet and/or comparison of that person's salary in relation to the salary grid used in the business and/or by reference to the applicable collective agreement. "
4. The following subparagraph is added to item 5 of Annex II:
" The working time of the non-salaried head of operation shall be taken into account on a flat-rate basis of 11.43 EUR/h and shall be recorded in accordance with Article 12 (4). "
5. Point 9 of Annex II shall be replaced by:
" 9. Generic promotion and/or promotion of official signs of quality, promotion of collective marks.
Geographical indications are authorised:
-if they are covered by Regulation (EC) No 2081/92 referred to above and include, inter alia: A protected designation of origin or a protected geographical indication; or
-if they are secondary to the main message and not reserved for the use of the producer organization.
In addition, the logo The European Community (in the case of the visual media only) as well as the statement: " Campaign financed with the assistance of the European Community must appear on promotional material. "
6. The table in Annex VIII is replaced by the table in the Annex to this Order.
The Director of Economic and international policies in the Ministry of Agriculture, Food, Fisheries and Rural Affairs, Department Prefects and the Director of the National Interprofessional Fruit and Vegetable and Horticultural Office Shall each be responsible for the execution of this Order, which shall be published in the Official Journal of the French Republic.
A N N E X E V I I I
EXTRACOMPTABLE DOCUMENT TEMPLATE
You can view the table in OJ
No. 40, 17/02/2004, page 3181 to 3183
This document is to be used for both internal and external financial flows.
For internal transactions not identified in the general accounting, cost accounting is required.
Signature From President
of producer organization
Commissioner's signature
to
accounts Or from a
authorized organization for review
Done at Paris, January 30, 2004.
For the Minister and by delegation:
By preventing the Director
from economic and international policies:
The chief engineer for rural engineering,
of waters and forests,
M.
Guittard
