Question 12512 — consumption

Summary

Mr. Grégoire de Fournas questions the Minister of Agriculture and Food Sovereignty on the agreement to moderate margins in the fresh fruit and vegetable sector. Margin moderation agreements are provided for in article L. 611-4-1 of the rural and maritime fishing code. These agreements, renewed annually between the State and distribution companies that so wish, consist of reducing the company's margin by distribution and its stores on products in economic crisis, so that its gross margin rate on a fruit or vegetable concerned is less than or equal to its average gross margin rate for the last three years on the department. However, the margin charged by the distributor on a similar product is different depending on whether it is imported or produced on the national territory, without however being taken into account in the calculation of the rate of sale. margin. Furthermore, the “platform margin” linked to logistics costs is sometimes presented by distributors as a provision of logistics service and is not only borne by the first-to-market companies but also deducted from the distributor's margin. These two elements, among others, are likely to distort the calculations of margin reduction supposed to help the national product in economic crisis. There multiplication of products going through these crises and their difficult sale on the market lead representatives of the production and marketing of fruits and vegetables to question the application and scope of the margin moderation agreement, especially since professionals in the sector and State services have worked together on the evolution of the economic crisis system, published this summer 2023. These Margin moderation agreements are an incentive, since they exempt the signatory distributors from paying the additional tax to the surface tax. They are also coercive, with non-compliance or delay in their implementation being theoretically punishable by a civil fine. Despite these incentive and coercive aspects, it is legitimate to question the commitment of distribution companies to these agreements, while knowing that the structuring of distributors makes controls more difficult: integrated groups with franchisees, independent groups bringing together partners, etc. Article 1 of the decree of February 28, 2012 specifies that the signatories of this agreement report on its application. The MP therefore asks the Minister what means have been put in place by the State to monitor the proper application of these agreements. He asks her evidence of the application of the planned sanctions. Finally, he asks for an inventory of the additional taxation for non-signatory distributors.

Machine translation from French. The official text remains authoritative.

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