Published: 2015-01-01
Key Benefits:
Passed 19.06.2008
RT I 2008, 33, 202
Entry into force 01.08.2008
| 10.06.2009 | RT I 2009, 34, 224 | 01.01.2010, in part 01.07.2009 |
| 11.11.2009 | RT I 2009, 56, 375 | 01.01.2010 |
| 22.04.2010 | RT I 2010, 22, 108 | 01.01.2011, will enter into force on the date specified in the decision of the Council of the European Union concerning abrogation of the derogation established with regard to the Republic of Estonia on the basis of Article 140(2) of the Treaty on the Functioning of the European Union, Decision No 2010/146/EU of the Council of the European Union of 13 July 2010 (OJ L 196, 28.07.2010, pp. 24-26). |
| 10.06.2010 | RT I 2010, 35, 193 | 08.07.2010 |
| 23.02.2011 | RT I, 15.03.2011, 13 | 25.03.2011 |
| 19.02.2014 | RT I, 13.03.2014, 4 | 01.07.2014 |
| 19.06.2014 | RT I, 12.07.2014, 1 | 01.01.2015 |
| 19.06.2014 | RT I, 29.06.2014, 109 | 01.07.2014, the ministers’ official titles have been replaced on the basis of subsection 107³ (4) of the Government of the Republic Act. |
| 11.12.2014 | RT I, 30.12.2014, 2 | 01.01.2015 |
(1) This Act establishes state measures for the balanced development of the agricultural market, the provision of quality foodstuffs to consumers, the profitable production of agricultural products, the development of other rural economic activity (hereinafter rural economic activity), and the ensuring of a fair standard of living for population in rural areas, the grounds for and extent of supervision over the implementation of state measures and liability for violation of this Act.
(2) The provisions of the Administrative Procedure Act apply to the administrative proceedings specified in this Act, taking account of the specifications provided for in this Act.
For the purposes of this Act, ‘state measures for the regulation of rural development and agricultural market’ means the grant of state aid and de minimis aid, the implementation of control measures against wild oats, the classification of agricultural products into quality classes and the grant of practical training support.
(1) On the basis of and in accordance with the procedure prescribed by this Act, state aid in the agriculture sector is granted to enterprises engaged in primary production of agricultural products (hereinafter agricultural producer) whose place of business is in Estonia and non-profit associations representing agricultural producers for the elimination of market failures during an established term and to an extent necessary in order to achieve the objectives set out Article 39 and paragraphs (2) and (3) of Article 107 of the Treaty on the Functioning of the European Union.
[RT I, 15.03.2011, 13 – entry into force 25.03.2011]
(2) State aid in the agriculture sector may be granted, if:
1) the European Commission has made an authorising decision on a notification of state aid in the agriculture sector submitted to the Commission in compliance with the European Union Guidelines for state aid in the agricultural and forestry sectors and in rural areas 2014 to 2020 (OJ C 204, 01.07.2014, pp. 1–97) (hereinafter guidelines for state aid) or directly on the basis of the Treaty on the Functioning of the European Union;
[RT I, 30.12.2014, 2 – entry into force 01.01.2015]
2) a summary information sheet has been submitted to the European Commission concerning the granting of state aid that benefits from a group exemption (hereinafter group exemption notice in agriculture sector) in accordance with the Commission Regulation (EU) No 702/2014 declaring certain categories of aid in the agricultural and forestry sectors and in rural areas compatible with the internal market in application of Articles 107 and 108 of the Treaty on the Functioning of the European Union (OJ L 193, 01.07.2014, pp. 1–75);
[RT I, 30.12.2014, 2 – entry into force 01.01.2015]
3) state aid in the agriculture sector complies with the conditions set out in Article 4(6) of the Council Regulation No 659/1999 laying down detailed rules for the application of Article 93 of the EC Treaty (OJ L 83, 27.03.1999, pp.1–9).
(3) State aid in the agriculture sector, including aid in the forestry sector specified in the guidelines for state aid and in Regulation (EU) No 702/2014, may be granted on the basis of and in accordance with another Act, provided that a notice of state aid in the agriculture sector has been submitted via the Ministry of Agriculture and the European Commission has made an authorising decision regarding the notice, a group exemption notice in the agriculture sector has been submitted to the European Commission or the state aid complies with the conditions provided for in clause 3) of subsection (2) of this section.
[RT I, 30.12.2014, 2 – entry into force 01.01.2015]
(1) On the basis of and in accordance with this Act, state aid is granted to enterprises engaged in the processing and marketing of agricultural and non-agricultural products and rural development activity whose place of business is in Estonia, and to non-profit associations representing them, provided that the European Commission has made an authorising decision concerning the notice of state aid submitted on the basis of and in accordance with the Competition Act, a group exemption notice has been submitted to the European Commission or the state aid complies with the conditions provided for in clause 3 (2) 3) of this Act.
(2) On the basis of and in accordance with this Act, state aid is granted to agricultural producers also on the basis of other state aid legislation of the European Union than is specified in subsection 3 (2) of this Act, provided that the European Commission has made an authorising decision concerning the notice of state aid submitted on the basis of and in accordance with the Competition Act, a group exemption notice has been submitted to the European Commission or the state aid complies with the conditions provided for in clause 3 (2) 3) of this Act.
[RT I, 30.12.2014, 2 – entry into force 01.01.2015]
On the basis of this Act, the state and the state foundation established for supporting the development of rural economic activity (hereinafter foundation) may grant, directly or indirectly, state aid using public funds.
(1) If state aid is granted by the state via the Ministry of Agriculture or the Agricultural Registers and Information Board (hereinafter ARIB), the minister in charge of the field will establish, taking into account the funds allocated from the state budget, which classes of support are to be granted and which activities and regions are to be supported in each financial year, and will decide the division of the budgetary funds to be granted as support.
(2) The foundation grants staid aid from the funds allocated to the foundation for such purpose in the state budget, from its own revenue or other funds. The supervisory board of the foundation decides which classes of state aid and which activities and regions are to be supported in each financial year, and determines the division of planned funds for the grant of state aid. Information on this will be published on the foundation’s website.
(3) The right to receive state aid will not arise if the grant of that aid in the financial year is not prescribed under subsection (1) or (2) of this section.
(4) This section does not apply to the grant of ad hoc individual aid.
[RT I, 15.03.2011, 13 – entry into force 25.03.2011]
(1) On the basis of and in accordance with this Act, the state may grant the following types of support via the Ministry of Agriculture or the ARIB:
1) market development support;
2) information support;
3) support for the breeding of farm animals;
4) natural damage support;
5) agricultural insurance support;
6) support for farm replacement services;
7) support for application of control measures against harmful organisms;
8) support for removal of carcases of perished farm animals and for destroying the carcases in waste treatment facilities;
9) joint economic activity support.
(2) In addition to the classes of support specified in subsection (1) of this section, other support may be granted via the Ministry of Agriculture or the ARIB on the basis of and in accordance with the procedure provided for in §§ 11-15 of this Act.
The foundation may grant state aid to an agricultural producer, to an enterprise engaged in the processing and marketing of agricultural and non-agricultural products and rural development activity and to a non-profit associations representing them in the form of support, loan or security or in another form on the basis and in accordance with the procedure provided for in a public law contract entered into between the Ministry of Agriculture and the foundation. State aid granted by the state via the Ministry of Agriculture or the ARIB may not be granted as support by the foundation.
(1) If the state grants state aid via the Ministry of Agriculture or the ARIB, the Ministry of Agriculture will prepare a notice of state aid in the agriculture sector pursuant to Council Regulation (EC) No 794/2004 implementing the Council Regulation (EC) No 659/1999 laying down detailed rules for the application of Article 93 of the EC Treaty (OJ L 83, 30.04.2004, pp. 1–134) and in accordance with the guidelines for state aid.
[RT I, 30.12.2014, 2 – entry into force 01.01.2015]
(2) Via the web application prescribed by the European Commission, the Ministry of Agriculture will electronically forward a notification of state aid in the agriculture sector together with necessary information to the Permanent Representation of the Republic of Estonia to the European Union, which will forward it to the European Commission.
(3) If the foundation grants state aid or it is granted on the basis of and in accordance with another Act, the grantor of state aid will submit to the Ministry of Agriculture for review a notice of state aid in the agriculture sector along with necessary information in writing pursuant to Council Regulation (EC) No 794/2004 and in conformity with the guidelines for state aid via the web application prescribed by the European Commission.
[RT I, 30.12.2014, 2 – entry into force 01.01.2015]
(4) If a notification of state aid in the agriculture sector complies with the requirements, the Ministry of Agriculture will, via the web application prescribed by the European Commission, electronically forward it together with necessary information to the Permanent Representation of the Republic of Estonia to the European Union, which will forward it to the European Commission.
(5) If the grantor of state aid specified in subsection (3) of this section fails to submit the data required in the notification of state aid, the notification does not comply with the requirements or the notification or information submitted together with it contains omissions, the Ministry of Agriculture will have the right to, within 20 working days as of the receipt of notification, request additional information from the grantor of state aid, or make a proposal to it to amend the notification.
(6) Upon processing a notification of state aid in the agriculture sector, a grantor of state aid will electronically submit via the Ministry of Agriculture the additional information requested by the European Commission to the Permanent Representation of the Republic of Estonia to the European Union, which will forward it to the European Commission.
(1) For the purpose of this Act, state aid that benefits from the group exemption is deemed to be the aid that is specified in Article 1 of Council Regulation (EC) No 994/98 on the application of Articles 92 and 93 of the Treaty establishing the European Community to certain categories of horizontal State aid (OJ L 142, 14.05.1998, pp. 1–4), with regard to which the European Commission has established Regulation (EC) No, 1857/2006.
(2) If the state grants state aid via the Ministry of Agriculture or the ARIB, the Ministry of Agriculture draws up a group exemption notice in the agriculture sector and, via the web application prescribed by the European Commission, electronically forwards it together with necessary information to the Permanent Representation of the Republic of Estonia to the European Union, which forwards it to the European Commission.
(3) If the foundation grants state aid or it is granted on the basis of and in accordance with the procedure provided for in another act, the grantor of state aid will, not later than 30 working days before the granting of state aid or the application of the aid scheme, submit to the Ministry of Agriculture for review a written group exemption notice in the agriculture sector in accordance with Council Regulation (EC) No 1857/2006 and via the web application prescribed by the European Commission.
(4) If the group exemption notice in the agriculture sector complies with the requirements, the Ministry of Agriculture will, via the web application prescribed by the European Commission, forward it to the Permanent Representation of the Republic of Estonia to the European Union that will forward it to the European Commission.
(5) If the grantor of state aid specified in subsection (3) of this section fails to submit the data required in the group exemption notice in the agriculture sector, the notice does not comply with the requirements or the notice or information submitted along with the notice contains omissions, the Ministry of Agriculture will have the right to, within 10 working days as of the receipt of the notice, request additional information from the grantor of state aid or make a proposal to amend the group exemption notice in the agriculture sector.
(1) If the state aid specified in §§ 3 and 4 of this Act is granted by the state via the Ministry of Agriculture or the ARIB, the minister in charge of the field will establish the requirements for the receipt of support and the procedure for the submission and processing of applications. The procedure for the submission and processing of applications may be established per each class of support separately. This procedure must set out:
1) the requirements for receipt of support;
2) the rate of support and amount of state aid;
3) the eligible costs of the support;
4) the due date for the submission of applications;
5) the substantive and formal requirements of applications;
6) the procedure for review and inspection of applications;
7) the due dates and procedure for the granting and payment of support.
(2) If it is not possible to prescribe the due date for the submission of applications by legislation, the Ministry of Agriculture or the ARIB will publish it in the official publication Ametlikud Teadaanded.
(3) The Ministry of Agriculture or the ARIB will make decisions concerning the granting and payment of state aid and decisions concerning the denial of applications and other decisions relating to the granting of state aid.
(4) If a decision made on the basis of this Act restricts a person’s rights or imposes obligations on a person, a copy or extract of the decision will be sent to the person within 10 working days as of making the decision by registered mail or a registered letter with advice of delivery or, with the applicant’s consent, to the e-mail address indicated in the applicant’s application. Information concerning other decisions will be published on the website of the Ministry of Agriculture or the ARIB within 10 working days as of making the decision.
(1) The Ministry of Agriculture or the ARIB will verify the conformity of an applicant with the requirements for receipt of support on the basis of the application, other documents and the documents and databases certifying the data contained in them and in the course of on-site inspections.
(2) The Ministry of Agriculture or the ARIB will return an application and documents certifying the information presented therein at the written request of the applicant if the request is submitted prior to a decision on the granting of support. The processing of an application for support will terminate as of the return of the application and documents certifying the information presented therein at the written request of the applicant.
(3) The time limit of the proceedings arising from this Act will not be restored.
If it is provided for in legislation enacted on the basis of subsection 11 (1) of this Act, the Ministry of Agriculture or the ARIB may submit a copy of the application or a list of applicants for deciding on the grant of support or the denial of support to the administrative authority that is competent to give an approval or opinion and take the required administrative steps for that purpose.
[RT I, 13.03.2014, 4 – entry into force 01.07.2014]
If the state grants the state aid specified in §§ 3 and 4 of this Act as support via the Ministry of Agriculture or the ARIB, the Ministry of Agriculture or the ARIB may deny a submitted application if:
1) the applicant has knowingly submitted false data or the applicant influences the processing of the application by fraud or threats or in any other unlawful manner;
2) the applicant does not comply with the requirements provided for in this Act or other legislation;
3) the applicant knowingly submitted false information upon application for the same support in the preceding year;
4) the applicant has been requested to repay the support received in the preceding year into the state budget;
5) the applicant has knowingly submitted false information for entry in the register of agricultural support and agricultural parcels;
6) the applicant does not permit on-site inspection of the enterprise;
7) no funds for paying the support are available in the budget of the year of payment of the support;
8) the applicant has not eliminated the deficiencies within the term granted for elimination of deficiencies.
If the state aid specified in §§ 3 and 4 of this Act is granted as ad hoc individual aid, the Ministry of Agriculture will make a decision or enter into a public law contract with the recipient and will publish it on the website of the Ministry of Agriculture.
[RT I, 15.03.2011, 13 – entry into force 25.03.2011]
(1) If the foundation grants the state aid specified in §§ 3 and 4 of this Act, the supervisory board of the foundation will establish the requirements for the granting of the state aid and the procedure for the submission of state aid applications and such procedure must set out the following:
1) the requirements for receipt of state aid;
2) the rate and amount of state aid;
3) the eligible costs;
4) the due date for the submission of state aid applications;
5) the due dates and procedure for the granting and payment of state aid.
[RT I, 15.03.2011, 13 – entry into force 25.03.2011]
(11) If the state aid specified in §§ 3 and 4 of this Act is granted by the foundation as ad hoc individual aid, the supervisory board of the foundation will make a decision on the granting of state aid and enter into a relevant contract with the recipient, specifying the intended purpose of use of the aid.
[RT I, 15.03.2011, 13 – entry into force 25.03.2011]
(2) State aid is granted on the basis of and in accordance with the procedure set out in the public law contract specified in § 8 of this Act. The substantive and formal requirements for state aid applications, the procedure for review and inspection of state aid applications and the grounds of and procedure for the denial of applications for state aid granted in the form of support are agreed upon in the public law contract.
(3) The requirements for receipt of state aid referred to in subsection (1) of this section and the procedure for the processing of applications are published on the website of the foundation.
(4) The foundation makes decisions concerning the granting and payment of state aid and decisions concerning the denial of applications and other decisions relating to the granting of state aid.
(5) If a decision made on the basis of this Act restricts a person’s rights or imposes obligations on a person, a copy or extract of the decision will be sent to the person within 10 working days as of making of the decision by registered mail or a registered letter with advice of delivery or, with the applicant’s consent, to the e-mail address indicated in the applicant’s application. Information concerning other decisions will be published on the website of the foundation within 10 working days as of making the decision.
(1) De minimis aid in the agriculture sector may be granted if it conforms to the requirements provided for in Commission Regulation (EU) No. 1408/2013 on the application of Articles 107 and 108 of the Treaty on the Functioning of the European Union to de minimis aid in the agriculture sector (OJ L 352, 24.12.2013, pp. 9–17).
[RT I, 30.12.2014, 2 – entry into force 01.01.2015]
(2) De minimis aid for the processing and marketing of agricultural and non-agricultural products and rural development activity may be granted on the basis of and in accordance with the Competition Act if it conforms to the requirements provided for in Commission Regulation (EU) No 1407/2013 on the application of Articles 107 and 108 of the Treaty on the Functioning of the European Union to de minimis aid (OJ L 352, 24.12.2013, pp. 1–8).
[RT I, 30.12.2014, 2 – entry into force 01.01.2015]
(3) In order to grant de minimis aid, a notification of state aid in the agriculture sector or a group exemption notice in the agriculture sector specified in Chapter 3 of this Act does not need to be submitted to the European Commission.
(1) If the de minimis aid specified in § 17 of this Act is granted by the state via the Ministry of Agriculture or the ARIB, the minister in charge of the field will establish the requirements for the receipt of de minimis e aid and the procedure for the submission and processing of de minimis aid applications, which must set out:
1) the requirements for receipt of de minimis e aid;
2) the rate and amount of de minimis aid;
3) the eligible costs;
4) the due date for the submission of applications;
5) the substantive and formal requirements for applications;
6) the procedure for review and inspection of applications;
7) the due dates and procedure for the granting and payment of de minimis aid.
(2) De minimis aid is granted in accordance with the procedure provided for in subsections 11 (2) to (4) and §§ 12–14 of this Act.
If the de minimis aid specified in § 17 of this Act is granted by the Ministry of Agriculture as ad hoc individual aid, the Ministry of Agriculture will make a decision or enter into a public law contract with the recipient and will publish it on the website of the Ministry of Agriculture.
[RT I, 15.03.2011, 13 – entry into force 25.03.2011]
(1) If the de minimis aid specified in § 17 of this Act is granted by the foundation, the supervisory board of the foundation will establish the requirements for the receipt of de minimis aid and the procedure for the submission of de minimis aid applications, which must set out:
1) the requirements for receipt of de minimis aid;
2) the rate and amount of de minimis aid;
3) the eligible costs;
4) the due date for the submission of applications;
5) the due dates and procedure for the granting and payment of de minimis aid.
(11) If the de minimis aid specified in § 17 of this Act is granted by the foundation as ad hoc individual aid, the supervisory board of the foundation will make a decision on the granting of state aid and enter into a relevant contract with the recipient, specifying the intended purpose of use of the aid.
[RT I, 15.03.2011, 13 – entry into force 25.03.2011]
(2) The foundation may grant de minimis aid on the basis of and in accordance with the procedure provided for in a public law contract entered into between the Ministry of Agriculture and the foundation. The substantive and formal requirements for de minimis aid applications, the procedure for review and inspection of the applications and the grounds of and procedure for the denial of applications for de minimis aid granted in the form of support are agreed upon in the public law contract.
(3) De minimis aid is granted in accordance with the procedure provided for in subsections 16 (3) to (5) of this Act.
(1) If de minimis aid in the agriculture sector is granted by the ARIB, or it is granted on the basis of and in accordance with another Act, the grantor of aid will notify the Ministry of Agriculture in writing of the intention to grant aid and of the amount of aid at least 30 days before the grant of aid and the Ministry of Agriculture will reply within ten working days from the date on which it learned of the intention whether the amount of planned aid does not exceed or exceeds the de minimis aid limit established for the state over the period of three years in Commission Regulation (EU) No 1408/2013.
[RT I, 30.12.2014, 2 – entry into force 01.01.2015]
(11) The Ministry of Agriculture will identify whether the amount of the planned aid does not exceed or exceeds the limit established to the state, taking into account the amounts of de minimis aid granted in the agriculture sector and the amounts of de minimis aid in the agriculture sector that have been communicated to the Ministry of Agriculture in accordance with subsection (1) of this section, but that have not been granted yet. The grantor of aid may grant de minimis aid to the extent of the difference between the amounts of aid granted and planned and the limit established to the state, but not more than communicated in the intention to grant aid.
[RT I, 30.12.2014, 2 – entry into force 01.01.2015]
(12) In the intention to grant aid, the grantor of aid will indicate the name of aid, the name of the round of applications, the amount of aid based on budgetary years and the duration of the round of applications.
[RT I, 15.03.2011, 13 – entry into force 25.03.2011]
(2) The grantor of de minimis aid in the agriculture sector will monitor that upon the grant of new de minimis aid the grantor would not exceed the limit of aid established in Commission Regulation (EU) No 1408/2013 per agricultural producer.
[RT I, 30.12.2014, 2 – entry into force 01.01.2015]
(1) Practical training support is financial assistance that provides partial compensation for the expenses incurred for the supervision and organisation of practical training for students specialising in agriculture and rural economy (hereinafter trainee), provided that the training is conducted in the enterprise of an agricultural producer or processor of agricultural products.
(2) The minister in charge of the field will establish a list of the curricula of agriculture and rural economy where the supervision and organisation of practical training is eligible to practical training support.
(3) Taking into account the funds allocated from the state budget, the minister in charge of the field may decide the granting of practical training support in a budgetary year and the size of the budgetary funds to be allocated as practical training support.
(4) The right to practical training support will not arise if the granting of support in the financial year is not prescribed under subsection (3) of this section.
[RT I, 15.03.2011, 13 – entry into force 25.03.2011]
Practical training support may be applied for by an agricultural producer or processor of agricultural products who organises practical training in its enterprise.
[RT I, 15.03.2011, 13 – entry into force 25.03.2011]
Practical training support will be granted if:
1) the applicant or an employee of the enterprise of the applicant who supervises a trainee (hereinafter practical training supervisor) has worked in the field of production or processing of agricultural products for the last three years, incl. the last year in the enterprise where the practical training is conducted, undergone professional training or, in the event of practical training in agricultural production, has been awarded the professional qualifications of an agricultural producer of the third level;
[RT I, 15.03.2011, 13 – entry into force 25.03.2011]
2) the practical training supervisor supervises up to two trainees at the same time, and
[RT I, 15.03.2011, 13 – entry into force 25.03.2011]
3) the applicant has entered into a contract for conducting practical training with an educational institution and a trainee.
[RT I, 15.03.2011, 13 – entry into force 25.03.2011]
(1) Practical training support is granted in an amount equal to up to four times the minimum monthly wage established by the Government of the Republic per trainee per calendar month.
[RT I 2009, 34, 224 – entry into force 01.07.2009]
(2) The minister in charge of the field will establish the rate of practical training support to be granted in a financial year within the limit of the rate of practical training support provided for in subsection (1) of this section, on the basis of the funds allocated for practical training support, the number of trainees specified in applications complying with the requirements and on the basis of the duration of practical training.
[RT I, 15.03.2011, 13 – entry into force 25.03.2011]
(3) The amount of practical training support to be paid to an applicant is calculated on the basis of the prescribed rate of practical training support, the number of trainees and the duration of practical training.
[RT I, 15.03.2011, 13 – entry into force 25.03.2011]
(1) Specific requirements for receipt of practical training support, the procedure for applying for practical training support and processing applications, the application form and the grounds of and procedure for the denial of applications will be established by the minister in charge of the field. This procedure must set out:
1) the requirements for receipt of support;
2) the rate and amount of support;
3) the eligible costs;
4) the due date for the submission of applications;
5) the application format;
6) the procedure for review and inspection of applications;
7) the due dates and procedure for the granting and payment of support;
8) the grounds of and procedure for denial of applications.
(2) The ARIB will make a decision concerning the granting and payment of support and denial of applications and other decisions relating to the granting of practical training support.
(3) If a decision made on the basis of subsection (2) of this section restricts a person’s rights or imposes obligations on a person, a copy or extract of the decision will be sent to the person within 10 working days as of making the decision by registered mail or a registered letter with advice of delivery or, with the applicant’s consent, to the e-mail address indicated in the applicant’s application. Information concerning other decisions will be published on the website of the ARIB within 10 working days as of making the decision.
For the purposes of this Act, wild oats means wild oats or flaxgrass, wheat oats or oatgrass (Avena fatua L.), spring or common wild oats (Avena ludoviciana Dur.) and animated oats (Avena sterilis L.).
[RT I 2010, 35, 193 – entry into force 08.07.2010]
(1) A land user takes measures necessary to prevent the growth and spread of wild oats on the land they use.
(2) For the purposes of this Act, ‘user of land’ means a landowner or, if the landowner has granted use of the land to another person, the direct possessor of the land.
(3) The creation of favourable conditions for the spread of wild oats demonstrated by failure to notify of wild oats or take control measures is deemed to be the spreading of wild oats.
(4) The measures for preventing the growth and spreading of wild oats are:
1) preventive actions;
2) agro-technical activities;
3) pulling out wild oats;
4) use of plant protection products for the control of wild oats;
5) cleaning agricultural machines or agricultural equipment used on contaminated land immediately after using them, and upon using agricultural machines or agricultural equipment of another person or agricultural services, notification of such person or provider of the agricultural service of the presence of wild oats;
6) other measures.
(5) A user of land selects and implements appropriate measures for the prevention of the presence and spread of wild oats on the basis of the intended purpose of the land used, the cultivated agricultural crops, the extent of the presence of wild oats and other circumstances.
(6) The detailed measures for preventing the growth and spreading of wild oats, and the conditions and procedure for the application of such measures will be established by the minister in charge of the field.
(1) An agricultural product or soil contaminated by wild oats may be carried, stored, handled, and offered for sale, sold or transferred in any other manner for a charge or without charge if measures that prevent the spreading of wild oats are taken.
(2) Upon handling of agricultural products and soil contaminated with wild oats, the following measures are implemented in order to prevent the spreading of wild oats:
1) use of agricultural products as food or feedingstuffs only in the processed form;
2) incineration or destruction of sorting waste or cleaning waste of cereals or seeds or destruction in another manner that prevents seed germination;
3) using the notation “Contaminated with wild oats” on the sales documents of agricultural products;
4) using the notation “Possible risk of contamination with wild oats” on sales or transfer documents of the soil;
5) other measures.
(3) The minister in charge of the field may establish specific measures applicable to the handling of agricultural products and soil contaminated with wild oats in order to prevent the spread of wild oats, and the conditions of and procedure for taking such measures.
(1) A user of land who identifies or suspects the presence of wild oats on an agricultural parcel or a part thereof which they use (hereinafter agricultural parcel) must immediately give the Agricultural Board (hereinafter AgriculturalBoard) notice of such fact.
[RT I 2009, 34, 224 – entry into force 01.01.2010]
(2) The form of and procedure for giving notice of the presence of wild oats or the suspicion of the presence of wild oats will be established by the minister in charge of the field.
(3) A supervisory official who identifies the presence of wild oats in the course of supervision will notify the user of land of the notification obligation specified in subsection (1). A supervisory official, who is not the Agricultural Board supervisory official, will promptly notify also Agricultural Board of the identification of the presence of wild oats.
[RT I 2009, 34, 224 – entry into force 01.01.2010]
(4) Upon transfer of possession of an agricultural parcel that is contaminated by wild oats, the transferor of possession will give the recipient of possession written notice of the presence of wild oats on such land.
(5) At the request of a recipient of possession of land that is contaminated by wild oats, the Agricultural Board or another supervisory agency specified in this Act will provide the recipient with information at the disposal of the agency concerning the presence of wild oats on the relevant land.
[RT I 2009, 34, 224 – entry into force 01.01.2010]
(6) Annually by October 1, the Agricultural Board will submit to the ARIB a list of land users who have notified of the presence or suspicion of wild oats in that year.
[RT I 2009, 34, 224 – entry into force 01.01.2010]
(1) A user of land whose agricultural parcel which they use is contaminated by wild oats will draw up, after giving notice of such fact in accordance with subsection 29 (1) of this Act, a wild oat control plan in which they will indicate the measures provided for in subsections 27 (4) and (6) and subsections 28 (2) and (3) of this Act, which they will take in order to prevent the presence or spreading of wild oats.
(2) The formal requirements for wild oats control plans will be established by the minister in charge of the field.
(3) Wild oat control schedules will be submitted for approval to the Agricultural Board at the latest by February 1 of the year following the notification of wild oats. The Agricultural Board will review the wild oat control schedule and approve of a wild oat control plan that complies with requirements within 40 working days after receipt thereof.
[RT I 2009, 34, 224 – entry into force 01.01.2010]
(4) The Agricultural Board will not approve the wild oats control plan if a user of land has not selected the measures on the basis of conditions provided for in subsection 27 (5) of this Act and, therefore, the planned measures do not guarantee the prevention of the presence or the spread of wild oats.
[RT I 2009, 34, 224 – entry into force 01.01.2010]
(5) A user of land will take the measures prescribed in the wild oats control plan approved by the Agricultural Board until the agricultural parcel is declared to be free of wild oats.
[RT I 2009, 34, 224 – entry into force 01.01.2010]
(1) The declaration of agricultural parcel to be free of wild oats may be applied for by a user of land who has taken the measures prescribed in the wild oats control schedule and who finds that wild oats are not present on the agricultural parcel. Application for the declaration of agricultural parcel to be free of wild oats (hereinafter in this section application) will be submitted to the Agricultural Board between January 1 and May 31.
[RT I 2009, 34, 224 – entry into force 01.01.2010]
(2) The name and contact details of a land user, the number of an agricultural parcel contaminated by wild oats and the name of agricultural crop that will be grown on this agricultural parcel during the year in which the application is submitted and the following year will be indicated on the application referred to in subsection (1) of this section.
(3) The formal requirements for the application referred to in subsection (1) of this section will be established by the minister in charge of the field.
(4) During the year in which the application is submitted and the following year, a supervisory official of the Agricultural Board will inspect the presence of wild oats on an agricultural parcel indicated in the application.
[RT I 2009, 34, 224 – entry into force 01.01.2010]
(5) The Agricultural Board will declare an agricultural parcel to be free of wild oats if the supervisory results confirm that wild oats are not present on the agricultural parcel in the year in which the application was submitted and in the following year. The decision to declare an agricultural parcel to be free of wild oats or to refuse to declare an agricultural parcel to be free of wild oats will be made by October 31 in the year following the year in which the application was submitted.
[RT I 2009, 34, 224 – entry into force 01.01.2010]
(6) The specific requirements for declaration of agricultural parcels to be free of wild oats will be established by the minister in charge of the field.
(1) The database of areas contaminated by wild oats contains information on agricultural parcels where wild oats are present. Information concerning an agricultural parcel is deleted from the database after two years from the date of declaration of the agricultural parcel to be free of wild oats.
(2) The database of areas contaminated by wild oats is maintained by the Agricultural Board.
[RT I 2009, 34, 224 – entry into force 01.01.2010]
(3) Data of areas contaminated by wild oats, which is entered in the database is public, except for personal data and data that contains business secrets.
(1) For the regulation of the agricultural market, the minister in charge of the field has the right to establish the requirements for ingredients of agricultural products and classification of quality, methodology and procedure and quality class requirements for agricultural products. The said procedure will specify the agricultural products for which the requirements for ingredients and classification of quality and quality class requirements will be established and specify the cases where and the extent to which the classification of ingredients of agricultural products and quality classes is compulsory.
(2) In order to classify the ingredients and quality of agricultural products, the organoleptic and microbiological indicators as well as the indicators of physical and chemical composition will be classified on the basis of analysis methods and other assessment methods.
(3) The minister in charge of the field will establish the quality classes for agricultural products on the basis of ingredients and quality indicators of agricultural products and the indicators to be analysed and assessed on the basis of other assessment methods regarding each agricultural product.
(1) The minister in charge of the field may establish the procedure for sampling and analysis of samples in order to analyse the ingredients of agricultural products and quality indicators.
(2) The ingredients of agricultural products and quality indicators will be analysed in a laboratory authorised by the minister in charge of the field which complies with the requirements established in Article 12(2) of Regulation (EC) No 882/2004 of the European Parliament and of the Council on official controls performed to ensure the verification of compliance with feed and food law, animal health and animal welfare rules (OJ L 165, 30.04.2004, pp. 1–141).
(3) The minister in charge of the field may establish more specific requirements for authorised laboratories.
(4) The minister in charge of the field will make an authorisation decision to operate as an authorised laboratory within 20 working days as of the receipt of the corresponding application. The decision authorising a laboratory to operate as an authorised laboratory will set out the scope of authority. Authorisation will be granted by a directive of the minister in charge of the field.
(5) The requirements for the content of applications for granting of authorisation to operate as authorised laboratories, a list of documents to be annexed to the applications and the procedure for processing of applications will be established by the minister in charge of the field.
(6) An authorised laboratory will immediately notify the Veterinary and Food Board of the analysis results of an agricultural product if the analysis results refer to a possible violation of food hygiene requirements.
(7) An authorised laboratory preserves the source data of test protocols in digital form for at last two years.
(8) The minister in charge of the field may refuse to authorise a laboratory to operate as an authorised laboratory or revoke the authorisation if the laboratory does not comply with the requirements provided for in subsections (2) and (3) of this section.
(1) Analysis fees charged by an authorised laboratory must be cost-based, transparent and based on the principle of equal treatment, and must be set so as to ensure that they cover the justified costs relating to the relevant services.
(2) A processor of agricultural products bears the costs relating to the sampling and analysis of samples taken for the purpose of analysing the ingredients and quality indicators of agricultural products.
(1) The Council for agriculture and rural development is an advisory standing council formed in order to resolve issues belonging to the area of government of the Ministry of Agriculture and to submit conclusions and proposals to the minister in charge of the field. The council for agriculture and rural development meets at least once a quarter.
(2) The minister in charge of the field will establish rules of procedure of the council for agriculture and rural development and the procedure for submission of conclusions and proposals by the council.
(1) The council for agriculture and rural development:
1) analyses the results of the economic activity of agricultural producers and the state of the agricultural market;
2) makes proposals for the implementation of measures necessary to develop rural economic activity and the production and processing of agricultural products;
3) makes recommendations concerning the preferred direction of development in the production and processing of agricultural products and rural economic activity and, on the basis thereof, concerning the need for implementing state measures and the amount of aid and the need for granting aid, which will be taken into consideration, when possible, upon preparing the state budget;
4) makes proposals for the grant of and better use of various supports;
5) makes other proposals relating to rural development and the production and processing of agricultural products;
6) performs the functions of a monitoring committee in the framework of the Estonian Rural Life Development Plan for 2004 to 2006;
7) makes proposals for the formulation of Estonia’s positions in issues relating to agriculture and rural development under discussion in the Council of the European Union.
(2) Deliberations on the classes and amounts of support to be granted to agricultural producers in the following year are based on the state of the agricultural market and the preferred directions of development in rural economic activity and rural life.
[RT I, 13.03.2014, 4 – entry into force 01.07.2014]
(1) The purpose of state supervision is to verify whether state aid and de minimis aid is used for the intended purpose, the compliance of the activities of recipients of state aid and de minimis aid with the requirements provided for in a decision to grant the application and with the requirements established in the relevant legislation of the European Union, this Act and legislation established on the basis of this Act, and the taking of other state measures for the organisation of the agricultural market provided for in this Act.
(2) The purpose of administrative supervision is to verify the performance of public law contracts concluded in accordance with § 8 and subsection 19 (2) of this Act and the compliance of recipients of state aid and de minimis aid after the disbursement of aid or other provision of aid with the requirements established in the relevant legislation of the European Union, this Act and legislation established on the basis of this Act where the recipient of the state aid or de minimis said is a state authority or a local authority agency or another person or agency authorised to perform public functions.
[RT I, 13.03.2014, 4 – entry into force 01.07.2014]
[RT I, 13.03.2014, 4 – entry into force 01.07.2014]
(1) If the state aid provided for in §§ 3 and 4 of this Act and de minimis aid provided for in § 17 of this Act is granted by the state via the Ministry of Agriculture or the ARIB, state and administrative supervision over the activities of recipients of state aid and de minimis aid will be exercised respectively by the Ministry of Agriculture or the ARIB.
[RT I, 13.03.2014, 4 – entry into force 01.07.2014]
(2) Administrative supervision over the performance of a public law contract concluded in accordance with § 8 and subsection 19 (2) of this Act by a foundation is exercised by the Ministry of Agriculture. If a public law contract is unilaterally terminated or other reasons occur that prevent the foundation from continuing the performance of administrative functions, the Ministry of Agriculture will organise further performance.
[RT I, 13.03.2014, 4 – entry into force 01.07.2014]
(3) The ARIB exercises state supervision over the use of practical training support for its intended purpose provided for in Chapter 5 of this Act.
[RT I, 13.03.2014, 4 – entry into force 01.07.2014]
(4) The Ministry of Agriculture exercises state supervision over the implementation of control measures against wild oats provided for in Chapter 6 of this Act.
[RT I, 13.03.2014, 4 – entry into force 01.07.2014]
(5) The Veterinary and Food Board exercises state supervision over the compliance of requirements for the ingredients of agricultural products and classification of quality and quality class requirements provided for in Chapter 7 of this Act.
[RT I, 13.03.2014, 4 – entry into force 01.07.2014]
(6) [Repealed – RT I, 13.03.2014, 4 – entry into force 01.07.2014]
(7) [Repealed – RT I, 13.03.2014, 4 – entry into force 01.07.2014]
[RT I, 13.03.2014, 4 – entry into force 01.07.2014]
(1) The law enforcement authority may, for the purpose of exercising the state supervision provided for in this Act, take special measures of state supervision provided for in §§ 30, 32, 49, 50, 51 and 52 of the Law Enforcement Act on the grounds and in accordance with the procedure provided for in the Law Enforcement Act.
(2) If residential premises are also used as commercial premises, the law enforcement authority may inspect these during the working or opening hours without the authorisation of an administrative court specified in subsection 51 (2) of the Law Enforcement Act.
[RT I, 13.03.2014, 4 – entry into force 01.07.2014]
[RT I, 13.03.2014, 4 – entry into force 01.07.2014]
(1) The official of the law enforcement authority taking a measure of state supervision must, where necessary or at the request of the applicant, wear special or protective clothing provided by the applicant at the time of taking a supervision step.
(2) The minister in charge of the field may, by a regulation, establish a list of supervision steps during the taking of which the official of the law enforcement authority must wear special or protective clothing the costs of purchase of which will be covered from the state budget.
[RT I, 13.03.2014, 4 – entry into force 01.07.2014]
(1) If, after the payment of state aid or de minimis aid, it becomes evident that the applicant for aid has knowingly submitted false information, has not fulfilled the requirements which constitute the basis for payment of the aid, has obtained the aid without basis in any other manner or has not used the aid for the intended purpose, the Ministry of Agriculture or the ARIB will require the recipient of the aid to repay the aid either in full or in part.
(2) The recovery of aid can be waived if the aid cannot be used for its intended purposes due to force majeure or any other circumstances beyond the control of the recipient of the aid.
(3) In the event provided for in subsection (1) of this section, the Ministry of Agriculture or the ARIB will issue a precept concerning the recovery of aid within 30 days as of the date on which the Ministry of Agriculture or the ARIB became aware of the violation. The precept will be sent to the recipient of aid by regular mail or by registered mail with advice of delivery within 10 working days from the issue of the precept.
(4) Aid must be repaid within 60 working days from the issue of the precept.
(5) If it is reasonable, the repayment of support may be initiated at the request of the recipient of support, and a security may be demanded, if necessary.
(6) A precept may be issued within 10 years as of the date of the decision to grant aid.
(7) If the recipient of aid does not pay back the aid within the time-limit provided for in subsection (4) of this section, the Ministry of Agriculture or the ARIB will have the right to refer the precept to compulsory enforcement in accordance with the procedure provided for in the Code of Enforcement Procedure.
(8) Upon recovery of aid, interest will be charged on the outstanding balance of the amount of aid to be repaid. The interest rate of the total amount of aid to be repaid in euros is one-year EURIBOR plus 5 percent a year. The interest rate will be fixed annually on January 2 and it will remain in force for one year. Interest will be calculated as of the date when the recipient of aid is notified of the decision to recover until the date of repayment of aid. The basis for interest calculation is the actual number of days in a month and a year of 360 days.
[RT I 2010, 22, 108 – entry into force 01.01.2011]
(1) In the contract for granting state aid or de minimis aid, the foundation will determine the intended purpose of aid. The foundation monitors the purposeful use of the aid that it has granted.
(2) If, after granting aid, it becomes evident that the applicant for support has knowingly submitted false information or has not fulfilled the requirements that constitute the basis for payment of aid, has obtained support without basis in any other manner or has not used support for the intended purpose, the foundation will demand that the recipient of aid repay the aid to the foundation in full or in part within the time-limit provided for in the decision to recover after learning of the corresponding decision.
(3) In the event provided for in subsection (2) of this section, the foundation will make a decision to recover aid within 30 days as of the date on which the foundation learned of the violation.
(4) A decision to recover may be made within 10 years from the date of making the decision to grant aid.
(5) Subsections 42 (2), (5) and (8) of this Act apply to the recovery of state aid and de minimis aid granted by the foundation, taking into account the specifications arising from this section.
(1) If the European Commission has forwarded a decision or the European Court of Justice has forwarded a judgment according to which a recipient of state aid is required to repay the unlawful or misused state aid in the agriculture sector, the minister in charge of the field will forward such decision to the authority that granted the unlawful or misused state aid. The grantor of the state aid will recover the state aid from the recipient along with interest in on the basis of the decision of the European Commission or the judgment of the European Court of Justice.
(2) The aid specified in Article 1(e) of Council Regulation (EC) No 659/1999 is deemed to be unlawful state aid.
(3) The activity specified in Article 1(g) of Council Regulation (EC) No 659/1999 is deemed to constitute misuse of state aid.
(1) The Ministry of Agriculture will prepare on the basis of a pre-filled reporting table of state aid in the agriculture sector an annual report on the state aid granted in the previous calendar year and forward it electronically to the Permanent Representation of the Republic of Estonia to the European Union, which will forward it to the European Commission by June 30 or by the due date set by the European Commission.
(2) The Ministry of Agriculture has the right to request information from grantors of state aid for the preparation of the report specified in subsection (1) of this section.
(1) [Repealed – RT I 2009, 56, 375 – entry into force 01.01.2010]
(2) By April 1, the ARIB will submit to the Ministry of Agriculture information on the recipients of state aid and the amount of aid granted based on types of aid.
(1) Information on the state aid granted via the ARIB specified in § 7 of this Act and the de minimis aid specified in subsections 17 (1) and (2) of this Act, the applicants and recipients of such aid, and information on the support granted by the ARIB on the basis of the 2004-2006 Structural Assistance Act, and the applicants for and recipients of such support is entered by the ARIB in the register of agricultural support and agricultural parcels maintained on the basis of and in accordance with the procedure provided in the European Union Common Agricultural Policy Implementation Act.
[RT I, 30.12.2014, 2 – entry into force 01.01.2015]
(2) The Ministry of Agriculture, the ARIB, the foundation and another body that grants aid on the basis of law will enter the data of the de minimis aid in the agriculture sector specified in subsection 17 (1) of this section and granted via them in the register of state aid and de minimis aid maintained on the basis of the Competition Act.
[RT I, 30.12.2014, 2 – entry into force 01.01.2015]
(1) Failure to take the measures preventing the presence or spread of wild oats or failure to submit a schedule for wild oat control is punishable by a fine of up to 300 fine units.
(2) The same act, if committed by a legal entity, is punishable by a fine of up to 3200 euros.
[RT I 2010, 22, 108 – entry into force 01.01.2011]
(1) Violation of requirements for determining the ingredients or quality of agricultural products is punishable by a fine of up to 300 fine units.
(2) The same act, if committed by a legal entity, is punishable by a fine of up to 3200 euros.
[RT I 2010, 22, 108 – entry into force 01.01.2011]
(1) [Repealed – RT I, 12.07.2014, 1 – entry into force 01.01.2015]
(2) The Agricultural Board is the extra-judicial body that conducts proceedings in the misdemeanour cases provided for in § 48 of this Act.
[RT I 2009, 34, 224 – entry into force 01.01.2010]
(3) The Veterinary and Food Board is the extra-judicial body that conducts proceedings in the misdemeanour cases provided for in § 49 of this Act.
Grantors of de minimis aid in the agriculture sector will submit the information concerning the amount and recipients of de minimis aid in the agriculture sector granted from 1 August 2005 to the ARIB who will enter the information on the recipients in the register of agricultural support and agricultural parcels maintained on the basis of and in accordance with the procedure provided in the Implementation of the European Union Common Agricultural Policy by 1 October 2008.
1) The processing of recoveries and repayments initiated before 1 August 2008 will be completed in accordance with the requirements provided for in legislation in force at the time of initiating the proceedings.
1) The processing of recoveries and repayments initiated before 1 August 2008 will be completed in accordance with the requirements provided for in legislation in force at the time of initiating the proceedings.
2) Upon recovery of support granted in accordance with a decision to approve an application for support or a public law contract made before 1 August 2008, the grounds for recovery provided for in legislation in force at the time of making the decision or contract will be followed.
The ARIB will, not later than by 1 February 2015, submit to the register of state aid and de minimis aid, the data registered as of 1 January 2009 in the register of agricultural support and agricultural parcels regarding the recipients of de minimis aid in the agriculture sector and on the amount of aid granted to them.
[RT I, 30.12.2014, 2 – entry into force 01.01.2015]
§ 53. – § 55. [Omitted from this text.]
Legislation issued on the basis of subsection 19 (2), subsection 58 (1) solely regarding support for farm replacement services and practical training support, subsection 67 (4), subsection 68 (3), subsection 69 (2), subsection 70 (4) and (5), subsection 72 (3) and § 73 of the Rural Development and Agricultural Market Regulation Act that was in force prior to the entry into force of this Act, will remain in force after the entry into force of this Act until their revocation or the entry into force of new legislation established on the basis of this Act.
