Published: 2014-07-01
Key Benefits:
Passed 17.12.2003
RT I 2003, 88, 593
Entry into force 01.01.2004, partially 01.05.2004. a.
| 20.04.2004 | RT I 2004, 37, 254 | 01.05.2004 |
| 15.06.2005 | RT I 2005, 39, 308 | 01.01.2006 |
| 12.01.2006 | RT I 2006, 5, 22 | 06.02.2006 |
| 01.06.2006 | RT I 2006, 28, 211 | 01.07.2006 |
| 15.02.2007 | RT I 2007, 22, 115 | 23.03.2007 |
| 10.12.2008 | RT I 2008, 59, 330 | 01.01.2009 |
| 11.11.2009 | RT I 2009, 56, 375 | 01.01.2010 |
| 22.04.2010 | RT I 2010, 22, 108 | 01.01.2011, enters into force on the date which has been determined in the Decision of the Council of the European Union regarding the abrogation of the derogation established in respect of the Republic of Estonia on the basis provided for in Article 140(2) of the Treaty on the Functioning of the European Union, Council Decision 2010/416/EU of 13.07.2010 (OJ L 196, 28.07.2010, pp. 24-26). |
| 23.02.2011 | RT I, 16.03.2011, 1 | 26.03.2011, partially 01.07.2011 and 01.01.2012 |
| 19.02.2014 | RT I, 13.03.2014, 4 | 01.07.2014 |
| 19.06.2014 | RT I, 29.06.2014, 109 | 01.07.2014, the titles of ministers substituted on the basis of subsection 107³ (4) of the Government of the Republic Act. |
(1) This Act provides the measures for organisation of the fisheries market and the procedure for application of such measures, the marketing standards for fishery products, the requirements for consumer information, the basis and procedure for recognition of the producers of fishery products (hereinafter producers' organisation), and the basis for and scope of state supervision.
(2) The provisions of the Administrative Procedure Act apply to the administrative proceedings prescribed in this Act, taking account of the specifications provided for in this Act.
(3) The minister responsible for the area may establish, within the limits of his or her competence, legislation within the scope of application of this Act for implementation of the common fisheries policy in matters which, pursuant to the legislation of the European Union, a Member State has the right to decide.
[RT I 2006, 5, 22 - entry into force 06.02.2006]
(1) For the purposes of this Act, the measures for organisation of the fisheries market are the award of support of the European Fisheries Fund, support in the form of market intervention mechanisms and state aid to fisheries (hereinafter fisheries market support).
[RT I 2007, 22, 115 - entry into force 23.03.2007]
(2) For the purposes of this Act, support of the European Fisheries Fund is the financial aid co-financed from the financial resources of the fund established by Council regulation (EC) No 1198/2006 on the European Fisheries Fund (OJ L 223, 15.08.2006, pp. 1-44), which is awarded on the basis of and pursuant to the procedure of the operational programme (hereinafter operational programme) specified in Article 17 (1) of the same regulation.
[RT I 2007, 22, 115 - entry into force 23.03.2007]
(3) For the purposes of this Act, support in the form of market intervention mechanisms shall mean financial compensation for withdrawals, carry-over aid and private storage aid.
[RT I 2007, 22, 115 - entry into force 23.03.2007]
(4) For the purposes of this Act, state aid to fisheries shall mean the state development support, aid to make good damage caused by a natural disaster and the aid and support provided for in Chapter 51, 52 and 53 of this Act.
[RT I 2007, 22, 115 - entry into force 23.03.2007]
(1) The minister responsible for the area shall establish for each financial year the types of measures and, if necessary, of activities supported on the basis of the measures and activities specified in the operational programme.
(2) The minister responsible for the area shall determine for each financial year the division of the funds prescribed for support of the European Fisheries Fund by measures and, if necessary, activities.
(3) The minister responsible for the area shall establish for each financial year the types of state development support based on the budget funds prescribed for granting state development support in the state budget.
(4) The minister responsible for the area shall determine for each budget year the allocation of the budget funds for the grant of state development support by types of state development support.
(5) The right to apply for support of the European Fisheries Fund and state development support does not arise if supporting of the relevant measure or activity or granting of state development support during the financial year is not prescribed pursuant to subsection (1) or 3 of this section.
[RT I 2007, 22, 115 - entry into force 23.03.2007]
For the purpose of this Act, fishery product shall mean the product specified in Article 1 of Council Regulation 104/2000/EC on the common organisation of the markets in fishery and aquaculture products (OJ L 17, 21.01.2000, pp. 22-52).
[RT I 2004, 37, 254 - entry into force 01.05.2004]
[RT I 2007, 22, 115 - entry into force 23.03.2007]
(1) For the purposes of this Act, a producer of fishery products shall mean the physical person or legal person specified in Article 1 of Council Regulation 104/2000/EC.
(2) Producers of fishery products engaged in fishing (fishermen) shall be registered in the commercial register and shall hold a fishing permit of fishing vessel or a fisherman's fishing permit issued on the basis of and pursuant to the procedure provided by the Fishing Act.
(3) For the purposes of this Act, a processor of fishery products is a person who has been issued an activity licence for processing of fishery products or who has submitted a notice of economic activities concerning its engagement in the processing of fishery products.
[RT I, 13.03.2014, 4 - entry into force 01.07.2014]
For the purposes of this Act, a fishing year is a calendar year.
(1) Information on applicants for the fisheries market support and the applications shall not be disclosed to third persons until making the decision to approve the application or award the support. Before making the decision to approve the application for the support or award the assistance, only statistical surveys may be disclosed.
(2) Information on applicants and applications may be disclosed to an expert engaged in the procedure of application for fishery market support.
(3) After making the decision to approve the application for the support or award the support, the information concerning the beneficiary of the fisheries market support and their application may be made public, except for the information concerning the business plan, technological solutions of, source of self-financing by the beneficiary and other information which is deemed to be business secret or which has been classified as internal. Information concerning the self-financing received from the state budget funds may be made public.
(4) No information shall be disclosed concerning the applications denied and the applicants having submitted these. Only statistical surveys may be disclosed concerning such applications and the applicants having submitted these.
(5) In case of granting the fisheries market support, the Agricultural Registers and Information Board (hereinafter Board) shall make, after making the decision to award the support or approve the application, the name of the person having received the support and the county of such person's residence or registered office and type of the support received and the amount of the support public on its website.
(6) The information concerning the applicant for the fisheries market support and the application and the support received shall be entered in the Agricultural Support and Land Parcel Register.
[RT I 2007, 22, 115 - entry into force 23.03.2007]
If the relevant service has been opened in the data exchange layer of the state information systems, a digital signature is not required to be added to an application specified in this Act or legislation established on the basis thereof submitted via the data exchange layer of the state information systems.
[RT I 2007, 22, 115 - entry into force 23.03.2007]
If there are obvious inaccuracies in an application for fisheries market support or documents certifying information therein or an applicant has failed to submit required information or documents, a term shall be set for the applicant to eliminate such deficiencies. Mistakes in information which is the basis for the grant of support applied for and calculation of the amount thereof are deemed to be obvious inaccuracies. The running of the term for settling the application may be suspended during the time limit determined for the elimination of deficiencies. If the applicant fails to eliminate the deficiencies contained in the application during the time limit specified, the application shall not be reviewed.
[RT I, 13.03.2014, 4 - entry into force 01.07.2014]
Fishery products shall be in compliance with the marketing standards established by Council Regulation (EC) 2406/96 laying down common marketing standards for certain fishery products (OJ L 334, 23.12.1996, pp. 1-15).
[RT I 2006, 5, 22 - entry into force 06.02.2006]
(1) For consumer information, fishery products shall be labelled in compliance with the requirements provided for in Commission Regulation (EC) No 2065/2001 laying down detailed rules for the application of Council Regulation (EC) No 104/2000 as regards informing consumers about fishery and aquaculture products (OJ L 278, 23.10.2001, p. 6-8).
(2) The minister responsible for the area shall establish the small quantities of products specified in Article 7 of Commission Regulation (EC) No 2065/2001. The requirements provided in subsection (1) of this section do not apply to small quantities of products.
(3) The minister responsible for the area shall establish the list of commercial designations specified in Article 4(2) of Council Regulation (EC) No 104/2000.
[RT I 2006, 5, 22 - entry into force 06.02.2006]
For the purposes of this Act, a producers' organisation is a commercial association which includes producers of fishery products. Only recognised producers' organisations have the rights and obligations of producers' organisations provided for in this Act.
[RT I 2004, 37, 254 - entry into force 01.05.2004]
(1) Producers' organisations shall comply with the requirements provided in Article 5 of Council Regulation 104/2000/EC.
(11) Producers' organisations shall have at least five members engaged in the production of fishery products.
[RT I, 16.03.2011, 1 - entry into force 01.07.2011]
(2) A producers' organisation is deemed to be sufficiently active economically within the meaning paragraph 1 of Article 1 of Commission Regulation 2318/2001/EC laying down detailed rules for the application of Council Regulation 104/2000/EC as regards the recognition of producers' organisations in the fishery and aquaculture sector (OJ L 313, 30.11.2001, pp. 9-11) if, for the corresponding type of fishery products, the producers' organisation disposes of either at least 15 % by weight of the total production in a production region of Estonia, or at least 25% by weight of the total production in the case specified in subsection (5).
(3) The list of production regions of Estonia specified in subsection (2) of this section shall be established by the minister responsible for the area.
[RT I 2004, 37, 254 - entry into force 01.05.2004]
(1) Producers' organisations shall submit an operational programme specified in Article 9(1) of Council Regulation 104/2000/EC for approval to the minister responsible for the area.
(2) Producers' organisations shall submit any planned amendments to an operational programme for approval to the minister responsible for the area.
(21) Producers' organisations shall submit operational programme reports for approval to the minister responsible for the area.
[RT I 2007, 22, 115 - entry into force 23.03.2007]
(3) An operational programme, any planned amendments thereto and an operational programme report shall be reviewed by the minister responsible for the area who decides to approve or to refuse to approve such documents on the basis and pursuant to the procedure provided in Commission Regulation (EC) No 2508/2000 laying down the detailed rules for the application of Council Regulation (EC) No 104/2000 as regards operational programmes in the fisheries sector (OJ L 289, 16.11.2000, pp. 8-10). A copy of the corresponding decree shall be sent to the relevant producers' organisation by post, by sending an unregistered letter or a registered letter with advice of delivery within five working days as of the issue of the decree.
[RT I 2007, 22, 115 - entry into force 23.03.2007]
§ 13. – § 15. [Repealed - RT I 2004, 37, 254 - entry into force 01.05.2004]
[RT I 2004, 37, 254 - entry into force 01.05.2004]
(1) Recognition is a procedure for assessing the compliance of a producers' organisation with the requirements provided for in this Act and legislation established on the basis thereof.
(2) In order to apply for the recognition of a producers' organisation, the organisation shall submit a written application to the Ministry of Agriculture.
(3) [Repealed - RT I 2004, 37, 254 - entered into force 01.05.2004]
(1) The minister responsible for the area shall review an application for the recognition of a producers' organisation and shall make a decision to recognise or refuse to recognise the producers' organisation within three months after the receipt of a conforming application.
(2) A producers' organisation shall be granted recognition if the organisation complies with the requirements of this Act. The producers' organisation shall be granted recognition for an unspecified term. A copy of the respective directive shall be sent to the producers' organisation by post, by sending an unregistered letter or a registered letter with advice of delivery within five working days as of the issue of the directive.
Recognition is refused if an organisation knowingly submits false information or if an organisation does not comply with the requirements provided for in subsections 11 (1) and (11) of this Act.
[RT I, 16.03.2011, 1 - entry into force 26.03.2011]
(1) The recognition of a producers' organisation shall be withdrawn if the organisation is unable to comply with or violates the requirements of this Act or if the organisation terminates its activities or submits a corresponding written application or has knowingly submitted false information.
(2) Recognition shall be withdrawn by the minister responsible for the area. A copy of a directive on the withdrawal of recognition shall be sent to the producers' organisation by post, by sending an unregistered letter or a registered letter with advice of delivery.
(1) The national strategic plan specified in Article 15(1) of the Council Regulation (EC) No 1198/2006 shall be approved by the Government of the Republic.
(2) A draft of the operational programme shall be approved by the Government of the Republic.
[RT I 2007, 22, 115 - entry into force 23.03.2007]
(1) The Ministry of Agriculture shall perform the functions of the managing authority, certifying authority and audit authority specified in Article 58 (1) of Council Regulation (EC) No 1198/2006, except for the functions carried out by the intermediate body specified in Article 58(2) of the same Regulation (hereinafter implementing body).
[RT I 2007, 22, 115 - entry into force 23.03.2007]
(2) In addition to the functions of the implementing body provided for in this Act, the minister responsible for the area shall determine the functions of the managing authority and certifying authority performed by the implementing body. The Board shall perform the functions of the implementing body.
[RT I 2007, 22, 115 - entry into force 23.03.2007]
(3) The financial engineering instruments (hereinafter financial engineering instruments) specified in Article 34 of the Commission Regulation (EC) No 498/2007, laying down detailed rules for the implementation of Council Regulation (EC) No 1198/2006 on the European Fisheries Fund (OJ L 120, 10.05.2007, pp. 1-80), may be implemented through a state foundation established for supporting the economic development of rural areas, which founder rights are exercised by the Ministry of Agriculture. The authorisation of the foundation for the implementation of the financial engineering instruments shall be decided by the minister responsible for the area.
[RT I, 16.03.2011, 1 - entry into force 26.03.2011]
(4) For the implementation of the financial engineering instruments, the Ministry of Agriculture shall enter into a contract under public law with the foundation specified in subsection (3) of this section; the contract shall also set out the terms and conditions specified in Chapter VI of the Commission Regulation (EC) No 498/2007 in order to ensure the conforming implementation of the financial engineering instruments.
[RT I, 16.03.2011, 1 - entry into force 26.03.2011]
(5) Based on the budget funds allocated for the support of the European Fisheries Fund in the state budget, the minister responsible for the area shall decide the amount of the budget funds which is allocated to the foundation specified in subsection (3) of this section for the implementation of the financial engineering instruments. The foundation shall form a separate trust fund for the management of these assets and organise its accounting in such a manner that it is ensured that the assets and liabilities related to the implementation of the financial engineering instruments are separated from other assets and liabilities of the foundation.
[RT I, 16.03.2011, 1 - entry into force 26.03.2011]
The minister responsible for the area shall form the monitoring committee specified in Article 63 of Council Regulation (EC) No 1198/2006 and determine the procedures thereof.
[RT I 2007, 22, 115 - entry into force 23.03.2007]
(1) The minister responsible for the area shall establish, in accordance with the provisions of the operational programme, the conditions of and the procedure for award and use of the support of the European Fisheries Fund by measures or activities (hereinafter conditions of measure). The conditions set out in the operational programme may be specified and restricted in the conditions of the measure.
(2) The conditions of a measure shall set out:
1) the activities supported;
2) eligible or non-eligible expenditure;
3) where appropriate, requirements for applicants and applications for support;
4) maximum rate of support;
5) in case self-financing is required, the minimum rate thereof;
6) the conditions and procedure for processing the applications for support;
7) in case of evaluation of the applications for support, criteria and the procedure for evaluation of the applications;
8) where appropriate, the conditions and procedure for approval or denying of the applications for support;
9) where appropriate, the procedure for amendment or repeal of a decision to approve the applications for support;
10) the conditions and procedure for the making of payments of support;
11) obligations of the beneficiary;
12) the conditions and procedure for the submission of reports relating to the use of support and the formats of the reports;
[RT I 2007, 22, 115 - entry into force 23.03.2007]
(1) For the purposes of this Act, an applicant for support of the European Fisheries Fund is a natural or legal person and an authority of executive power or a local government authority who has submitted an application for support of the European Fisheries Fund.
(2) The conditions of a measure may establish the following requirements for applicants for support of the European Fisheries Fund:
1) the applicant is solvent;
2) the applicant is economically sustainable;
3) the applicant has the funds necessary for the implementation of the project;
4) the applicant has repaid the amounts previously received from the state budget funds, European Union funds or funds of foreign aid which were subject to refunding or made the repayments by the prescribed due date and in the prescribed amount in case of repayment of support in instalments;
5) the applicant does not receive money for compensation for such expenditure from the state budget funds, European Union funds or funds of foreign aid;
6) if the applicant applies for support for the project or individual actions of the project at the same time from several measures or from other state budget funds, European Union funds or funds of foreign aid, the applicant shall submit a relevant notice together with the application;
7) no liquidation or bankruptcy proceedings have been initiated with respect to the applicant or a person exercising dominant control over the applicant;
8) the applicant has the qualification, experience and legal presumptions necessary for the implementation of the project;
9) the applicant complies with the environmental, safety and hygiene requirements;
10) for the purposes of the Taxation Act, the permanent establishment of a resident applicant or non-resident applicant is in Estonia;
11) requirements concerning the legal form of the applicant and the persons with holdings;
12) requirements concerning the time the applicant has operated in the relevant field;
13) the applicant complies with the other requirements set out in the conditions of the measure.
(3) An applicant for the support of the European Fisheries Fund is required to:
1) at the request of the authority conducting the proceedings of the application, submit additional information concerning the applicant and the application in the format and the manner and during the term provided for in the conditions of the measure;
2) permit monitoring of conformity of the application and the applicant to the requirements, in particular, an on-the-spot visit of inspection to be conducted;
3) notify the authority conducting the proceedings immediately of changes in the information presented in the application for support or of circumstances which may affect the making of the decision on the application for support;
4) certify at the request of the authority conducting the proceedings the existence of self-financing or other funds or documents prescribed in the conditions of the measure.
(4) If an applicant for support of the European Fisheries Fund does not comply with at least one of the requirements set out in the conditions of the measure, the decision to deny the application shall be made.
[RT I 2007, 22, 115 - entry into force 23.03.2007]
(1) An application for support of the European Fisheries Fund shall comply with the following requirements:
1) the application is prepared in the format set out in the conditions of the measure;
2) the documents required in the conditions of the measure are annexed to the application;
3) support is applied for the activities set out in the conditions of the measure;
4) the project included in the application is in accordance with the documents specified in § 191 of this Act;
5) the amount of the support applied does not exceed the rate of support set out in the conditions of the measure;
6) the project for the financing of which the support is applied for is going to be implemented by 31 December 2015 at the latest;
7) the budget of the project included in the application prescribes, inter alia, the required self-financing;
8) the information presented in the application is complete and accurate;
9) the application complies with the other requirements set out in the conditions of the measure.
[RT I 2007, 22, 115 - entry into force 23.03.2007]
(2) An application for support of the European Fisheries Fund does not comply with the requirements if at least one of the following circumstances occurs:
1) the application does not comply with at least one of the requirements provided for in subsection (1) of this section or the conditions of the measure;
[RT I 2007, 22, 115 - entry into force 23.03.2007]
2) the application contains inaccurate information or the applicant influences the processing of the application through fraud or threats or in any other unlawful manner;
[RT I, 16.03.2011, 1 - entry into force 26.03.2011]
3) the applicant fails to provide an opportunity for verification of conformity of the application to the requirements or an on-the-spot visit of inspection to be conducted;
[RT I 2007, 22, 115 - entry into force 23.03.2007]
4) the applicant has failed to eliminate the deficiencies contained in the application during the time limit specified in subsection 69 (4) of this Act.
[RT I, 16.03.2011, 1 - entry into force 26.03.2011]
(3) If an application for support of the European Fisheries Fund does not comply with the requirements specified in clauses (2) 1)-3) of this section, a decision to deny the application shall be made.
[RT I, 16.03.2011, 1 - entry into force 26.03.2011]
(4) If the applicant for support of the European Fisheries Fund has failed to eliminate the deficiencies contained in the application during the time limit specified or submit an application during the time limit prescribed for it, the application shall not be reviewed.
[RT I, 16.03.2011, 1 - entry into force 26.03.2011]
(1) If the conditions of a measure prescribe evaluation of conforming applications for support of the European Fisheries Fund, the conforming applications shall be evaluated pursuant to the procedure and on the basis of the evaluation criteria set out in the conditions of the measure. The conforming applications shall be evaluated by the managing authority or the implementing body pursuant to the provisions of the conditions of the measure. The conditions of the measure may prescribe that the applications shall not be assessed if all the applications that meet the requirements can be approved within the limits of the budget of the measure or the activities of the project assigned for the local action group.
[RT I, 16.03.2011, 1 - entry into force 26.03.2011]
(2) The following applications shall be approved pursuant to the provisions of the conditions of the measure in case of evaluation of conforming applications for support of the European Fisheries Fund:
1) an application which is ranked first in the list of the applications made on the basis of the results of the evaluation;
2) the applications selected on the basis of the evaluation results and, where appropriate, ranked best in the ranking list;
3) all applications in conformity with the minimum requirements of the evaluation criteria.
(3) Upon making a ranking list of the applications for support of the European Fisheries Fund on the basis of the results of the evaluation, applications with a higher rate of self-financing or submitted earlier shall be given preference in case of equal applications pursuant to the provisions of the conditions of the measure.
(4) If the conditions of the measured not prescribe evaluation of conforming applications for support of the European Fisheries Fund, the conforming applications shall be satisfied within the limits of the budget of the measure or the activities.
(5) A decision to approve an application for support of the European Fisheries Fund (hereinafter decision to approve application) in full or in part or a decision to deny an application shall be made by the implementing body, except in the case of the assistance specified in Article 46 of Council Regulation (EC) No 1198/2006 (hereinafter technical assistance). The decision to satisfy or deny an application for technical assistance shall be made by a managing authority.
(6) A decision to satisfy or deny an application for support of the European Fisheries Fund shall be made within 120 working days as of the due date for submission of applications, unless a shorter term is prescribed in the conditions of the measure.
(7) If a conforming application for support of the European Fisheries Fund is not subject to approval according to clauses (2) 1)-3) of this section, a decision to deny the application shall be made.
(8) The conditions of a measure may prescribe that if the approval of the application for support of the European Fisheries Fund in full is not possible or justified, the amount of the support and the activities of the project may be amended with the consent of the applicant on the condition that the amount of the support does not increase and the objectives of the project included in the application are achieved. The data based on which the application is assessed shall not be amended in the application. If the applicant does not agree with amendment of the amount of the support or the activities, a decision to deny the application shall be made.
(9) If the budget remainder of a measure or an activity does not allow for any more decisions on the approval of application for support of the European Fisheries Fund to be made, a decision to deny the application shall be made with regard to all other applications. In the case prescribed in the conditions of the measure, the money in the budget of the measure or the activities may be divided between all the beneficiaries.
(10) If the decision to approve an application for support of the European Fisheries Fund is made out of the funds of the budgets of the following years of a measure or activity, the decision on the approval of the application may prescribe as secondary condition the amendment or revocation of the decision in the case where there are no funds for payment of support in the budget of the year in which the support is to be paid.
[RT I 2007, 22, 115 - entry into force 23.03.2007]
(1) For the purposes of this Act, a beneficiary of support of the European Fisheries Fund is a natural or legal person, an authority of executive power or a local government authority whose application for support of the European Fisheries Fund has been approved.
(2) A beneficiary of support of the European Fisheries Fund must use the support for the intended purpose and reasonably and in the most sustainable manner. All expenditure subject to compensation from the support shall be eligible.
(3) A beneficiary of support of the European Fisheries Fund is required to:
1) ensure that self-financing is provided at the rate provided for in the decision to approve the application;
2) use the support and the property acquired, constructed or renovated with the aid of support under the prescribed conditions;
3) ensure that the documents on the basis of which the support is paid are in conformity to the requirements and the expenditure is eligible;
4) submit the information concerning the receipt and use of the support and reports within the prescribed term;
5) apply for the amendment of the decision to approve the application for amendment of conditions of the use of the support and continue the use of the support under the former conditions until the amendment of the decision to approve the application;
[RT I, 16.03.2011, 1 - entry into force 26.03.2011]
6) clearly distinguish in its accounting the expenditure relating to the use of support and the payment documents and expense receipts reflecting such expenditure from other payment documents and expense receipts and ensure that the persons participating in the project would do the same in their accounting;
7) upon making procurements relating to the project, observe the requirements provided for in the Public Procurement Act if the beneficiary is a contracting authority for the purposes of the Public Procurement Act, or the requirements provided for in the conditions of the measure if the requirements provided for in the Public Procurement Act do not apply to the beneficiary;
8) enable audits or supervision to be carried out and render all possible assistance for that purpose and enable, for verification of the correctness of the submitted information, authorised persons to enter the premises and territory which are connected with the use of the support and belong to the beneficiary and the persons participating in the project and perform on-site checks of documents and property;
[RT I, 13.03.2014, 4 - entry into force 01.07.2014]
9) give the information and documents required by an authorised person into the use of such person within the term set by an authorised person which shall be not less than 3 working days;
10) preserve the documents relating to the implementation of the project at least until 31 December 2025;
11) indicate that the project is implemented with the aid of the support of the European Fisheries Fund by using the insignia and information activities prescribed therefor;
12) ensure the preservation and use for the intended purposes of the property acquired or constructed as a result of the project for at least five years as of the payment of the last instalment of the support pursuant to the criteria prescribed in accordance with the provisions of Article 56 of Council Regulation (EC) No 1198/2006, unless the conditions of the measure prescribe a longer term;
[RT I, 16.03.2011, 1 - entry into force 26.03.2011]
13) notify the implementing body immediately of the circumstances which endanger the preservation and use for the intended purposes of the property acquired or constructed;
14) perform other functions assigned thereto by this Act or legislation issued on the basis thereof.
(4) The minister responsible for the area shall establish the conditions and procedure of marking the objects of the support of the European Fisheries Fund and for indicating the European Union's contribution.
[RT I 2007, 22, 115 - entry into force 23.03.2007]
(1) The decision to approve an application for support of the European Fisheries Fund shall be amended or invalidated on the initiative of the authority which made the decision to approve the application or on the basis of a relevant application of the beneficiary.
(2) A decision to approve an application for support of the European Fisheries Fund may be amended if at least one of the following circumstances occurs:
1) modification of the activities of the project would involve significant changes in the content or result of the project;
2) the term of the implementation of the project or the term of eligibility of the expenditure requires amendment;
3) the budget of the eligible expenditure of the project requires amendment;
4) the terms of payment of the assistance require amendment;
5) another circumstances specified in the conditions of the measure or the application of the beneficiary occur.
(3) An application for the amendment of a decision to approve an application for support of the European Fisheries Fund submitted by the beneficiary may be denied if:
1) amendments are not in compliance with the content and objectives of the project;
2) in the event of amendment of the decision, the implementation of the project would not be completed by the due date provided for in clause 196 (1) 6) of this Act;
3) the budget of financing of the measure or activity does not allow to amend the decision;
4) another circumstances specified in the conditions of the measure occur.
(4) A decision to approve an application for support of the European Fisheries Fund may be declared invalid if at least one of the following circumstances occurs:
1) circumstances become evident which preclude approval of the application;
2) the beneficiary has not begun to use the support during the term set out in the decision to approve the application;
3) the beneficiary fails to comply with the provisions of the decision to approve the application or to use the support under the prescribed conditions;
4) the implementation of the project cannot be completed by the due date provided for in clause 196 (1) 6) of this Act;
5) the application of the beneficiary for the amendment of the decision to approve the application is not approved and the beneficiary cannot continue to use the support under the prescribed criteria;
6) the beneficiary submits an application to declare the decision to approve the application invalid.
[RT I 2007, 22, 115 - entry into force 23.03.2007]
[RT I, 16.03.2011, 1 - entry into force 26.03.2011]
(1) support of the European Fisheries Fund is paid to compensate only for eligible expenditure.
[RT I 2007, 22, 115 - entry into force 23.03.2007]
(2) The implementing body shall make the decision to pay support of the European Fisheries Fund or refuse to make payments, except in case of technical assistance. The managing authority shall make the decision to pay technical assistance or refuse to make payments.
[RT I 2007, 22, 115 - entry into force 23.03.2007]
(3) The certifying authority may check the payments made by the managing authority and the implementing body. If any deficiencies are discovered, the certifying authority shall immediately notify the managing authority or the implementing body thereof.
[RT I 2007, 22, 115 - entry into force 23.03.2007]
(4) If the certifying authority has notified of discovering of any deficiencies, the managing authority or the implementing body may extend the term prescribed for payment of the support of the European Fisheries Fund by the time required for carrying out additional checks or rectifying deficiencies.
[RT I 2007, 22, 115 - entry into force 23.03.2007]
(5) In the cases specified in the conditions of the measure, the implementation of an activity supported may be financed from the state budget funds after making the decision to approve the application and before payment for the work, services or acquisition of property, if the beneficiary is sufficiently reliable.
[RT I, 16.03.2011, 1 - entry into force 26.03.2011]
(6) Implementation of a supported activity may be financed pursuant to subsection (5) of this section if the beneficiary has provided a security pursuant to § 622 of this Act which covers the amount paid to the full extent of the amount. The provider of support may waive the requirement for provision of security and finance the implementation of a supported activity without requiring a security, if the beneficiary is sufficiently reliable and:
1) the work or service has been completed or the property has been transferred and the beneficiary has received these and paid for these an amount of money at least equal to self-financing or
(2) an activity of a group specified in Article 45 (1) of Council Regulation (EC) No 1198/2006 is financed.
[RT I, 16.03.2011, 1 - entry into force 26.03.2011]
(7) No security is required in case of financing an activity supported in the framework of the technical assistance measure pursuant to subsection (5) of this section.
[RT I, 16.03.2011, 1 - entry into force 26.03.2011]
(8) The money received pursuant to subsection (5) of this section may be used for the payment of eligible expenditure of a relevant activity. The payment for the specified expenditure shall be made within the term specified in the conditions of the measure, but not later than by 1 December 2013.
[RT I, 16.03.2011, 1 - entry into force 26.03.2011]
(9) After payment for the eligible expenditure of the supported activity, the beneficiary shall submit the documents constituting the bases for the payment of the support of the European Fisheries Fund to the provider of the support, and the provider of the support shall make a decision to pay the support of the European Fisheries Fund or to refuse to make the payment.
[RT I, 16.03.2011, 1 - entry into force 26.03.2011]
(10) Upon making the payment of the support of the European Fisheries Fund, the amount paid to the beneficiary pursuant to subsection (5) of this section shall be deducted by set off from the amount paid pursuant to the decision. In case a decision is made to refuse to pay the support of the European Fisheries Fund, the beneficiary shall refund the money received pursuant to subsection (5) of this section.
[RT I, 16.03.2011, 1 - entry into force 26.03.2011]
(11) If such circumstances become evident in the activities of the beneficiary which cast doubt on the ability of the beneficiary to use the money received pursuant to subsection (5) of this section for its intended purpose and on time, the provider of the support may decide to provide finance in a smaller amount, to determine a term shorter than the term specified in subsection (8) for incurring eligible expenditure and require the provision of a sufficient security.
[RT I, 16.03.2011, 1 - entry into force 26.03.2011]
(12) The beneficiary shall be deemed to be sufficiently reliable to finance the implementation of a supported activity without the obligation to provide a security if:
1) the beneficiary has no tax arrears with regard to state taxes or tax arrears with regard to state taxes are paid by instalments by the beneficiary, and in case the tax arrears are paid by instalments the taxes are paid pursuant to the time schedule;
2) no liquidation or bankruptcy proceedings have been initiated with respect to the beneficiary or a person exercising dominant control over the beneficiary;
3) the beneficiary has repaid the amounts previously received from the state budget funds, European Union funds or funds of foreign aid which were subject to refunding or made the repayments by the prescribed due date and in the prescribed amount in case of repayment of support funds in instalments;
4) the beneficiary does not receive money for compensation for such expenditure from the state budget funds, European Union funds or funds of foreign aid.
[RT I, 16.03.2011, 1 - entry into force 26.03.2011]
(1) Before filing an appeal with an administrative court, challenge proceedings shall be undertaken under the conditions and pursuant to the procedure provided by the Administrative Procedure Act.
(2) A challenge shall be adjudicated within 30 calendar days as of acceptance of the challenge.
[RT I 2007, 22, 115 - entry into force 23.03.2007]
(1) State development support may be granted if it conforms to the Community Guidelines for the examination of State aid to fisheries and aquaculture (OJ C 229, 14.09.2004, pp. 5-12) or the requirements provided for in group exemption regulations adopted by the European Commission pursuant to 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), and if the assistance is necessary for achieving the goals specified in Article 33 and Article 87(2) and (3) of the EC Treaty.
(2) The support specified in subsection (1) of this section may be granted only with the prior written permission of the Commission of the European Communities or, in the case of state aid which benefits from a block exemption, if a corresponding notice is submitted. An application for the permission together with all the necessary information, or the notice shall be submitted to the European Commission by the Ministry of Agriculture.
[RT I 2007, 22, 115 - entry into force 23.03.2007]
Interest subsidy is financial assistance used as partial compensation for interest on a long-term loan (with a term of repayment longer than one year) or interest paid as part of a financial lease payment (hereinafter interest) taken from a credit or financial institution by a producer to invest in the development of aquaculture or fishing and paid by the producer during the calendar year preceding application for the interest subsidy.
[RT I 2007, 22, 115 - entry into force 23.03.2007]
(1) Interest subsidy may be applied for by a fisherman who has used a loan taken from a credit or financial institution to purchase, construct or reconstruct tangible assets with a limited period of exploitation necessary to develop fishing or who has entered into a capital lease contract (leasing contract) for the use and purchase of tangible assets with a limited period of exploitation necessary to develop business.
(2) Interest subsidy may be applied for by an aquaculturist who has used a loan taken from a credit or financial institution to purchase, construct or reconstruct tangible assets with a limited period of exploitation necessary to develop aquaculture or who has entered into a capital lease contract (leasing contract) for the use and purchase of tangible assets with a limited period of exploitation necessary to develop business.
[RT I 2007, 22, 115 - entry into force 23.03.2007]
(1) The interest rate starting from which interest subsidy is granted shall be established by the minister responsible for the area.
(2) Interest subsidy is granted in an amount not exceeding ten percentage points of the interest rate.
In order to obtain interest subsidy, an application and documents certifying information presented therein and written confirmation from a credit or financial institution concerning the payment of interest during the calendar year preceding application shall be submitted to the Board by the prescribed due date.
[RT I 2007, 22, 115 - entry into force 23.03.2007]
(1) The Board shall check the accuracy of the information presented in an application and the compliance of the applicant with the requirements for the receipt of interest subsidy, calculate the size of the interest subsidy and decide to award subsidy or deny the application within 45 working days as of the due date for the submission of applications.
(2) The Board shall calculate the amount of interest subsidy to be paid to an applicant on the basis of the amount of interest paid by the applicant, the interest rate established on the basis of this Act and the percentage point of the interest rate established in this Act.
(3) Interest subsidy shall be paid to an applicant within 10 working days as of the decision to award the subsidy being made.
(1) Aid for advisory services is financial assistance which partially covers the cost of individual advisory services provided by a person to whom the professional qualifications of an agricultural advisor have been granted on the basis of the Professions Act and pursuant to the procedure provided therein.
(2) Consultation in the field of financial economics which consists of a development plan, a calculation of the contribution margin or a loan application shall be in writing.
(3) Advisory services provided to several persons at the same time are not deemed to be individual advisory services and, in the case of such services, aid for advisory services shall not be granted.
[RT I 2006, 5, 22 - entry into force 06.02.2006]
Aid for advisory services may be applied for by a producer who has paid an agricultural advisor for advisory services.
(1) Aid for advisory services is granted in an amount of up to 80 per cent of the cost of the advisory services.
(2) The minister responsible for the area shall establish the rate of aid for advisory services to be granted during a financial year and the maximum amount of aid to be granted to an applicant within the limits of the rate of aid for advisory services provided for in subsection (1) of this section. Rates of aid for advisory services may be established by areas of consultation and depending on the cost of the advisory service.
In order to obtain aid for advisory services, an application and documents certifying the information presented therein, including a document certifying payment for advisory services by the applicant, shall be submitted to the Board.
(1) The Board shall check the accuracy of the information presented in an application and the compliance of the applicant with the requirements for the receipt of aid for advisory services, and shall decide to award aid for advisory services or deny the application within 20 working days as of the receipt of the application.
(2) The Board shall calculate the amount of aid for advisory services to be paid to an applicant, taking into consideration the cost of advisory services paid by the applicant, the established rate of aid and the maximum amount of aid to be granted to one applicant.
(3) Aid for advisory services shall be paid to an applicant within 10 working days as of the decision to award the aid being made.
(1) Aid for training is financial assistance used as partial compensation for the cost of training services provided by an educational and training institution specified in subsection 32 (1) of this Act to a producer or processor of fishery products for the acquisition and increase of the necessary expertise for their economic activity.
[RT I 2007, 22, 115 - entry into force 23.03.2007]
(2) [Repealed - RT I 2007, 22, 115 - entered into force 23.03.2007]
Aid for training may be applied for by a producer or processor of fishery products who pays for training services.
[RT I, 16.03.2011, 1 - entry into force 01.01.2012]
(1) Aid for training may be granted if the training service is provided by an educational and training institution provided for in the Adult Education Act.
(2) Aid for training is granted for vocational training provided for in the Adult Education Act for a sole proprietor, an employee of his or her enterprise or an employee of a company.
(3) The prescribed duration of training for the receipt of aid for training shall be established by the minister responsible for the area.
(1) Aid for training is granted in an amount of up to 90 per cent of the cost of the training service.
[RT I 2007, 22, 115 - entry into force 23.03.2007]
(2) The minister responsible for the area shall establish the rate of aid for training to be granted during a financial year and the maximum amount of aid to be granted to an applicant within the limits of the rate of aid for training provided for in subsection (1) of this section.
In order to obtain training assistance, an application and documents certifying the information presented therein shall be submitted to the Board.
[RT I, 16.03.2011, 1 - entry into force 01.01.2012]
(1) The Board shall check the accuracy of the information presented in an application and the compliance of the applicant with the requirements for the receipt of aid for training, and shall decide to award aid for training or deny the application within 20 working days as of the receipt of the application.
(2) The Board shall calculate the amount of aid for training to be paid to an applicant, taking into consideration the cost of training services, the established rate of aid and the maximum amount of aid to be granted to one applicant.
[RT I, 16.03.2011, 1 - entry into force 01.01.2012]
(3) Aid for training shall be paid to an applicant within 10 working days as of submission of a document confirming the receipt of training to the Board.
[RT I, 16.03.2011, 1 - entry into force 01.01.2012]
(1) Aid for practical training is financial assistance used as partial compensation for the expenditure for the supervision and organisation of practical training which is conducted in an enterprise of a producer or processor of fishery products for students studying specialities relating to fishing (hereinafter trainee).
[RT I 2007, 22, 115 - entry into force 23.03.2007]
(2) The list of specialities for the acquisition of which aid for practical training is granted shall be established by the minister responsible for the area.
A producer or processor of fishery products who conducts practical training in its enterprise has the right to apply for aid for practical training.
[RT I 2007, 22, 115 - entry into force 23.03.2007]
Aid for practical training shall be granted if:
1) an applicant or an employee of the enterprise of the applicant who supervises a trainee (hereinafter practical training instructor) has undergone professional training and has worked in the fisheries sector for at least five previous years, and during the last year in the enterprise where practical training is conducted;
2) a practical training instructor supervises up to two trainees at the same time;
3) an applicant has entered into a contract for conducting practical training with an educational institution and a trainee.
(1) Aid for practical training shall be granted in an amount equal to up to four times the minimum monthly wage established by the Government of the Republic per one trainee during a calendar month.
(2) The minister responsible for the area shall establish the rate of aid for practical training to be granted during a financial year on the basis of the amount of money prescribed for aid for practical training, the number of trainees as stated in conforming applications and the duration of practical training within the limits of the rate of aid for practical training provided for in subsection (1) of this section.
(1) In order to obtain aid for practical training, an application and documents certifying the information presented therein shall be submitted to the Board by the prescribed due date.
(2) The Board shall check the accuracy of the information presented in an application and the compliance of the applicant with the requirements for the receipt of aid for practical training, and shall decide to award the aid or deny the application within 20 working days as of the due date for submission of applications.
[RT I 2006, 28, 211 - entry into force 01.07.2006]
(1) [Repealed - RT I 2006, 28, 211 - entered into force 01.07.2006]
(2) The Board shall calculate the amount of aid for practical training to be paid to an applicant, taking into consideration the prescribed rate of aid for practical training, the number of trainees and the duration of the practical training.
(3) [Repealed - RT I, 16.03.2011, 1 - entry into force 26.03.2011]
(4) The aid for practical training shall be paid within 20 working days as of the date of submission of a written report on the conducted practical training to the Board.
[RT I, 16.03.2011, 1 - entry into force 26.03.2011]
§ 42. – § 46. [Repealed - RT I 2006, 5, 22 - entry into force 06.02.2006]
Aid for setting up producers' organisations is financial assistance used as partial compensation for the foundation and administrative expenses specified in Article 4 (1) of Commission Regulation (EC) No 1985/2006 laying down detailed rules for calculating aid granted by Member States to producers' organisations in the fisheries and aquaculture sector (OJ L 387, 29.12.2006, pp. 13-19).
[RT I 2007, 22, 115 - entry into force 23.03.2007]
Only a recognised producers' organisation has the right to apply for aid for setting up producers' organisations.
Aid for setting up producers' organisations is granted at the rate specified in Article 15(1) of Council Regulation (EC) No 2792/1999 laying down the detailed rules and arrangements regarding Community structural assistance in the fisheries sector (OJ L 337, 30.12.1999, p. 10-28).
[RT I 2006, 5, 22 - entry into force 06.02.2006]
In order to obtain aid for setting up producers' organisations, an application and documents certifying the information presented therein shall be submitted to the Board by the prescribed due date.
(1) The Board shall check the accuracy of the information presented in an application and the compliance of the applicant with the requirements for the receipt of aid for setting up producers' organisations and decide to award aid for setting up producers' organisations or deny the application within 30 working days as of the receipt of the application.
(2) The Board shall calculate the amount of aid for setting up producers' organisations to be paid to an applicant in proportion to the establishment and administrative expenses paid by the applicant, taking into consideration the prescribed rate of aid and the maximum amount of aid to be granted to one applicant.
(3) Aid for setting up producers' organisations shall be paid to an applicant within 10 working days as of the decision to award the aid being made.
(1) An application for state development support shall be denied if:
1) the applicant has knowingly submitted false information;
2) the applicant does not comply with the requirements for the receipt of support provided for in this Act and legislation established on the basis thereof;
3) the application is subject to submission by a prescribed due date and the applicant has not submitted the application by the prescribed due date;
4) the applicant knowingly submitted false information upon application for state development support during the preceding year;
5) the applicant has been required to repay state development support received during the preceding year in the revenue of the state budget;
6) the applicant does not permit on-site inspection of the enterprise thereof;
7) there is a lack of funds to pay the support.
(2) State development support is not paid if, after award of the support, the bases for denial of the application as specified in subsection (1) of this section are ascertained or if the applicant has not fulfilled the conditions which constitute the basis for payment of the support.
(3) In the case specified in subsection (2) of this section, the Board shall revoke the decision on award of a support. A copy or extract of the corresponding decision shall be sent to the applicant by post, by sending an unregistered letter or a registered letter with advice of delivery within 10 working days as of the making of the decision.
(1) The procedure for applying for state development support and processing applications shall be established by the minister responsible for the area. On the basis of the provisions of this Act, the procedure shall set out a list of information to be submitted to obtain support and of documents certifying the information, the due date for the submission of applications which have a prescribed due date for submission, and a specific procedure for the review and verification of applications and for the award and payment of support, and the requirements for the receipt of state development support. A separate procedure for applying for and processing applications may be established for each type of state development support separately.
(2) The award of state development support or the denial of an application shall be formalised by a decision of the Director General of the Board. A copy or extract of a decision on the denial of an application shall be sent to the applicant by post, by sending an unregistered letter or a registered letter with advice of delivery within 10 working days as of the making of the decision.
(1) Aid to make good damage caused by a natural disaster is financial assistance which partially or wholly compensates for the damage caused to a producer due to a natural disaster or unfavourable meteorological conditions.
[RT I 2007, 22, 115 - entry into force 23.03.2007]
(2) Aid to make good damage caused by a natural disaster may be granted if it conforms to the Community Guidelines for the examination of State aid to fisheries.
[RT I 2007, 22, 115 - entry into force 23.03.2007]
(3) Aid to make good damage caused by a natural disaster may be granted with the prior written permission of the European Commission. An application for the permission together with the necessary information, or the notice shall be submitted to the European Commission by the Ministry of Agriculture.
[RT I 2007, 22, 115 - entry into force 23.03.2007]
(4) The rate of and the conditions and procedure for the grant of aid to make good damage caused by a natural disaster may be established by the minister responsible for the area. Funds designated for aid to make good damage caused by a natural disaster shall be allocated in the state budget to the Board.
[RT I 2007, 22, 115 - entry into force 23.03.2007]
Other fisheries support may be granted if it conforms to the Community Guidelines for the examination of State aid to fisheries and aquaculture or the requirements provided for in group exemption regulations adopted by the European Commission pursuant to Article 1 of Council Regulation (EC) No 994/98, and if the support is necessary for achieving the goals specified in Article 33 and Article 87 (2) and (3) of the EC Treaty.
[RT I 2007, 22, 115 - entry into force 23.03.2007]
The fisheries support specified in section 541 of this Act may be granted only with the prior written permission of the Commission of the European Communities or, in the case of state aid which benefits from a block exemption, if a corresponding notice is submitted. An application for the permission together with all the necessary information, or the notice shall be submitted to the European Commission by the Ministry of Agriculture.
[RT I 2006, 5, 22 - entry into force 06.02.2006]
(1) The procedure for application for the fisheries support specified in § 541 of this Act, processing of the applications and the format of the applications shall be established by the minister responsible for the area. Such procedure shall prescribe for the requirements for obtaining the support, the deadlines for applications subject to submission within a specific term, the terms and procedure for review and verification of applications, and for the grant and payment of support.
(2) The Board shall make decisions concerning the grant and payment of other fisheries support and decisions to deny an application, and other decisions related to the grant of the support.
(3) If a decision specified in subsection (2) of this section restricts the rights of a person or imposes obligations on a person, a copy or excerpt of the decision shall be sent to the person by post, by sending an unregistered letter or a registered letter with advice of delivery within 10 working days as of the making of the decision.
(4) The funds prescribed for other fisheries support shall be allocated in the state budget to the Board.
[RT I 2006, 5, 22 - entry into force 06.02.2006]
The Rural Development Foundation and other state-founded foundations (hereinafter foundation) may grant fisheries support, loan and securities if it conforms to the Community Guidelines for the examination of State aid to fisheries and aquaculture or the requirements provided for in group exemption regulations adopted by the European Commission pursuant to Article 1 of Council Regulation (EC) No 994/98, and if the support is necessary for achieving the goals provided for in Article 33 and Article 87 (2) and (3) of the EC Treaty.
[RT I 2006, 5, 22 - entry into force 06.02.2006]
(1) The fisheries support, loans and securities specified in § 544 of this Act may be granted only with the written permission of the Commission of the European Communities or, in the case of state aid which benefits from a block exemption, if a corresponding notice is submitted. The Foundation shall submit a draft application for permission together with necessary information or a draft notice to the Ministry of Agriculture, and the Ministry shall forward the application for permission or the notice to the Commission of the European Communities.
(2) The Ministry of Agriculture shall review an application for permission or draft notice within one month after submission of the application for permission or draft notice. If the information set out in a draft application for permission or draft notice does not meet the requirements specified in the relevant directives of the European Union or the Community Guidelines for the examination of State aid to fisheries and aquaculture, the Ministry of Agriculture may refuse to forward the application for permission or notice to the Commission of the European Communities.
[RT I 2006, 5, 22 - entry into force 06.02.2006]
(1) The procedure for application for the fisheries support, loans and securities specified in § 544 of this Act and processing of the applications, and the format of the applications, shall be established by the minister responsible for the area. Such procedure shall prescribe for the requirements for obtaining the support, loans and securities, the deadlines for applications, the terms and procedure for review and verification of applications, and for the grant and payment of support. A separate procedure for applying for support, loans and securities and processing applications may be established for each type of support, loan or security separately. The procedure shall be published on website of the Foundation.
(2) In establishing the procedure for application for the fisheries support, loans and securities and for processing of the applications, and the format of the applications, the supervisory board of the foundation shall take account of the requirements provided for in this Act and the requirements set out in the Commission decision or, in the case of state aid which benefits from a block exemption, in the notice.
(3) The Foundation shall make decisions concerning the grant and payment of fisheries support, loans and securities and decisions to deny an application, and other decisions related to the grant of the support, loans or securities with regard to the applicant.
(4) If a decision made on the basis of this Act restricts the rights of a person or imposes obligations on a person, a copy or excerpt of the decision shall be sent to the person by an unregistered letter, a registered letter with advice of delivery or, with the applicant’s consent, to the e-mail address indicated by the applicant in the application, within 10 working days as of the making of the decision. Information concerning another type of decision shall be published on the Foundation’s website within 10 working days as of the making of the decision.
[RT I 2006, 5, 22 - entry into force 06.02.2006]
De minimis fisheries aid may be granted if it conforms to the requirements provided for in Commission Regulation (EC) No 875/2007 on the application of Articles 87 and 88 of the EC Treaty to de minimis aid in the agriculture and fisheries sectors and amending Regulation (EC) No 1860/2004 (OJ L 193, 25.07.2007 pp. 6-12).
[RT I, 16.03.2011, 1 - entry into force 26.03.2011]
(1) In the case when de minimis aid specified in § 547 of this Act is granted by the state, the procedure for application for de minimis aid and for review of applications, and the format of applications shall be established by the minister responsible for the area.
(2) Upon the grant of de minimis aid specified in subsection (1) of this section, the Board shall make decisions concerning the grant and payment of aid and decisions to deny an application and other decisions related to the grant of the aid.
(3) In the case when de minimis aid specified in § 547 of this Act is granted by a foundation, the procedure for application for de minimis aid and for review of applications, and the format of applications shall be established by the supervisory board of the foundation.
(4) Upon the grant of de minimis aid specified in subsection (3) of this section, the Board shall make decisions concerning the grant and payment of aid and decisions to deny an application and other decisions related to the grant of the aid.
[RT I 2006, 5, 22 - entry into force 06.02.2006]
(1) If the de minimis aid specified in § 547 of this Act is granted by a foundation or it is granted on the basis of and pursuant to the procedure specified in other Acts, grantors of aid shall notify the Board of the intention to grant aid and the amount of the aid in writing at least 30 days prior to granting the aid and the Board shall respond within ten working days as of becoming aware of the intention to grant aid whether the amount of the planned aid exceeds the ceiling of de minimis aid granted to the state within three years and set out in Commission Regulation (EC) No 875/2007.
(2) The Board shall determine whether the amount of the planned aid exceeds the ceiling set for the state, taking account of the amounts of de minimis aid already granted and of aid announced to the Board pursuant to subsection (1) of this section but not yet granted. A grantor may grant de minimis aid to the extent of the difference between the amounts of aid already granted and planned and the ceiling set for the state but not more than announced in the intention to grant aid.
(3) The grantor shall indicate in the intention to grant aid at least the name of the aid, name of the application round, amount of aid broken down by budget years and duration of the application round.
(4) The grantor of de minimis aid specified in § 547 of this Act shall monitor that the grantor would not exceed in case of granting a new de minimis aid the ceiling of the aid set per undertaking in Commission Regulation (EC) No 875/2007.
[RT I, 16.03.2011, 1 - entry into force 26.03.2011]
(1) Producer organisations shall submit the information specified in paragraph 4 of Article 17 of Council Regulation 104/2000/EC and in paragraphs 2 and 3 of Article 2 of Commission Regulation 2493/2001/EC on the disposal of certain fishery products which have been withdrawn from the market (OJ L 337, 20.12.2001, pp. 20-21) to the Ministry of Agriculture for forwarding to the European Commission.
(2) The procedure for the submission, processing and communication of information upon implementation of measures for the fisheries market organisation shall be established by the minister responsible for the area.
[RT I 2004, 37, 254 - entry into force 01.05.2004]
(1) [Repealed - RT I 2006, 5, 22 - entered into force 06.02.2006]
(2) The Ministry of Agriculture shall inform the European Commission of the prices specified in paragraph 1 of Article 19 of Council Regulation 104/2000/EC.
[RT I 2004, 37, 254 - entry into force 01.05.2004]
The Ministry of Agriculture shall forward the information specified in paragraph 3 of Article 4 of Commission Regulation 150/2001/EC laying down detailed rules for the application of Council Regulation 104/2000/EC as regards the penalties to be applied to producer organisations in the fisheries sector for irregularity of the intervention mechanism (OJ L 024, 26.01.2001, pp. 10-11) to the European Commission.
[RT I 2004, 37, 254 - entry into force 01.05.2004]
(1) Producer organisations shall forward the information specified in paragraph 3 of Article 6 of the Commission Regulation 2814/2000/EC laying down the detailed rules for the application of Council Regulation 104/2000/EC as regards the grant of carry-over aid for certain fishery products (OJ L 326, 22.12.2000, pp. 34-38) to the Ministry of Agriculture.
(2) The procedure for the submission of information upon payment of carry-over aid shall be established by the minister responsible for the area.
[RT I 2004, 37, 254 - entry into force 01.05.2004]
(1) Producer organisations shall forward the information specified in paragraph 3 of Article 4 of the Commission Regulation 2813/2000/EC laying down detailed rules for the application of Council Regulation 104/2000/EC as regards the grant of private storage aid for certain fishery products (OJ L 326, 22.12.2000, pp. 30-33) to the Ministry of Agriculture.
(2) The procedure for the submission of information upon payment of private storage aid shall be established by the minister responsible for the area.
[RT I 2004, 37, 254 - entry into force 01.05.2004]
(1) The Ministry of Agriculture shall perform the functions of the competent authority specified in Article 3 of Commission Regulation (EC) No 2003/2006, laying down detailed rules for the financing by the European Agricultural Guarantee Fund (EAGF) of expenditure relating to the common organisation of the markets in fishery and aquaculture products (OJ L 379, 28.12.2006, pp. 49-53).
[RT I, 13.03.2014, 4 - entry into force 01.07.2014]
(2) Compliance of applicants for support in the form of market intervention mechanisms with the requirements established for the receipt of the support shall be verified by the Ministry of Agriculture, the Veterinary and Food Board and the Board.
[RT I, 13.03.2014, 4 - entry into force 01.07.2014]
(1) The Ministry of Agriculture shall perform the functions of the competent authority specified in paragraphs 1 and 2 of Article 3, paragraph 2 of Article 5 and Article 7 of Commission Regulation 2509/2000/EC laying down detailed rules for the application of Council Regulation 104/2000/EC as regards granting financial compensation for withdrawals of certain fishery products (OJ L 289, 16.11.2000, pp. 11-15).
(2) The list of information to be presented in applications for financial compensation for withdrawals shall be established by the minister responsible for the area.
[RT I 2004, 37, 254 - entry into force 01.05.2004]
(1) The Ministry of Agriculture shall perform the functions of the competent authority specified in paragraph 2 of Article 7 of Commission Regulation 2814/2000/EC.
(2) The list of information to be presented in applications for carry-over aid shall be established by the minister responsible for the area.
[RT I 2004, 37, 254 - entry into force 01.05.2004]
(1) The Ministry of Agriculture shall perform the functions of the competent authority specified in paragraph 2 of Article 5 of Commission Regulation 2813/2000/EC.
(2) The list of information to be presented in applications for private storage aid shall be established by the minister responsible for the area.
[RT I 2004, 37, 254 - entry into force 01.05.2004]
(1) Upon implementation of the measures for the fisheries market organisation for which a security for guarantee of performance of obligations is prescribed by regulations of the European Union or this Act, such security shall be submitted to the Board.
(2) Security may be provided to the Board as follows:
1) a deposit to the bank account of the Board;
2) a guarantee.
(3) The approval specified in Article 16 of Commission Regulation (EEC) No 2220/85 laying down common detailed rules for the application of the system of securities for agricultural products (OJ L 205, 03.08.1985, pp. 5-11) shall be granted by the Board.
(4) The minister responsible for the area shall establish the specific procedure for the provision, use and release of security for the implementation of measures for the fisheries market organisation.
[RT I, 16.03.2011, 1 - entry into force 26.03.2011]
(1) In order to determine the types and size of state support granted pursuant to this Act and to analyse the grant and use of support, to make proposals regarding such matters, and to discuss issues relating to the field of production and processing, the minister responsible for the area shall form an advisory council on fisheries and invite representatives of other appropriate government agencies and of non-profit associations to participate in the work of the council.
(2) The minister responsible for the area shall communicate the proposals and conclusions of the council to the Government of the Republic with the intention that the proposals and conclusions can be taken into account in the drafting of the state budget where necessary.
(3) The rules of procedure of the council and the procedure for submission of conclusions and proposals by the council shall be established by the minister responsible for the area.
(1) The fisheries council shall:
1) analyse the results of the economic activity of the fisheries sector and the state of the fisheries market;
2) make proposals for the implementation of measures necessary to develop the production of fish;
3) make recommendations concerning the production of fish and the preferred direction of development during the following year and, on the basis thereof, on the need for specific types and amounts of support and other state aid to be granted to the fisheries sector;
4) make proposals for the improvement of the grant and use of support;
5) make other proposals relating to the development of fishing and the production and processing of fish;
6) assess the legislation in the field of fishing which is deliberated in EU committees and working parties;
7) [Repealed - RT I, 16.03.2011, 1 - entry into force 26.03.2011]
8) make proposals relating to the establishment and amendment of the list of the production areas of Estonia;
9) take into account the opinions and proposals of producers regarding the development of fishing.
(2) Deliberations on the types and amounts of support to be granted to the fisheries sector during the following year shall be based on the state of the fisheries market and the preferred directions of development in the fisheries sector.
[RT I, 13.03.2014, 4 - entry into force 01.07.2014]
(1) State and administrative supervision over compliance with the requirements of this Act and legislation established on the basis thereof shall be conducted by the Ministry of Agriculture, the Board and the Veterinary and Food Board.
(2) The Board shall exercise state and administrative supervision after payment of the support or granting aid in another manner:
1) over compliance with the requirements for using support of the European Fisheries Fund, with the exception of technical assistance, and state aid to fisheries;
2) over compliance with the requirements for using the assets acquired with the aid of support of the European Fisheries Fund, with the exception of technical assistance, or state aid to fisheries;
(3) The Ministry of Agriculture shall exercise state and administrative supervision after payment of the support or granting aid in another manner:
1) over proper use of the technical assistance or property acquired by aid of this;
2) over compliance with the requirements provided for in clauses (2) 1) to 2) of this section to the extent which is required for the performance of the function specified in Article 61(1)(b) of Council Regulation (EC) No 1198/2006.
(4) The Ministry of Agriculture, the Veterinary and Food Board and the Board exercise supervision over proper use of the support provided for in Chapter 7 of this Act.
(5) The Ministry of Agriculture exercises state supervision over recognised producer organisations and conformity of their activities, including compliance with an approved action plan.
(6) The following shall exercise state supervision over compliance with the marketing standards and the requirements for consumer information specified in Chapter 2 of this Act:
1) the Veterinary and Food Board;
2) the Environmental Inspectorate pursuant to the competence provided for in the Fishing Act.
(7) The state supervision provided for in subsection (6) of this section shall be exercised by the Veterinary and Food Board on the basis of and pursuant to the procedure provided for in the Food Act and by the Environmental Inspectorate on the basis of and pursuant to the procedure provided for in the Fishing Act.
(8) Administrative supervision over the performance of the contract under public law entered into pursuant to subsection 192 (4) of this Act shall be exercised by the Ministry of Agriculture. If one of the parties to the contract under public law terminates the contract or any other circumstance arises which prevents further performance of the administrative duties by the foundation, further implementation of the financial engineering instruments shall be terminated.
[RT I, 13.03.2014, 4 - entry into force 01.07.2014]
[RT I, 13.03.2014, 4 - entry into force 01.07.2014]
In order to exercise state supervision provided for in this Act, a law enforcement authority may apply the specific state supervision measures provided for in §§ 30, 32, 49, 50, 51 and 52 of the Law Enforcement Act on the basis of and pursuant to the procedure provided for in the Law Enforcement Act.
[RT I, 13.03.2014, 4 - entry into force 01.07.2014]
(1) The implementing body shall notify the managing authority of violations, offences relating to support of the European Fisheries Fund or other activities affecting the European Communities' financial interests and reclaiming of the support paid. The managing authority shall notify the European Commission of activities affecting the European Communities' financial interests.
(2) If a dwelling is also used as business premises, a law enforcement authority may examine it during the business or opening hours thereof without the permission of the administrative court provided for in subsection 51 (2) of the Law Enforcement Act.
(3) A law enforcement authority may take samples during the examination of movables at the expense of the person. If a movable examined cannot be used as usual after the examination, the person shall not be compensated for the cost of the movable or the cost of restoring the movable for use as usual.
[RT I, 13.03.2014, 4 - entry into force 01.07.2014]
[Repealed - RT I, 13.03.2014, 4 - entry into force 01.07.2014]
(1) If the Commission of the European Communities or the European Court of Justice forwards a decision to the Republic of Estonia concerning the recovery of unlawful or misused state aid to fisheries from the recipient of the aid, the minister responsible for the area shall forward such decision to the authority which granted the unlawful or misused state aid. The grantor of state aid is required to demand recovery of the state aid pursuant to the decision of the European Commission or the European Court of Justice.
(2) The aid defined in Article 1 (f) of the Council Regulation (EC) 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) is deemed to be unlawful state aid.
(3) The activity specified in Article 1 (g) of the Council Regulation (EC) No 659/1999 is deemed to be misuse of state aid.
[RT I 2006, 5, 22 - entry into force 06.02.2006]
(1) The Board shall demand complete or partial repayment of the support of the European Fisheries Fund, with the exception of the technical assistance, or the state aid to fisheries by the persons who received the support, if it becomes evident after payment of the support that:
[RT I, 16.03.2011, 1 - entry into force 26.03.2011]
1) the information affecting the decision to approve the application or the calculation of the amount of the support is inaccurate;
2) the assistance has been used to cover non-eligible expenditure.
(2) In addition to the bases specified in subsection (1) of this section, the Board may demand complete or partial repayment of the support of the European Fisheries Fund, with the exception of the technical assistance, or the state aid to fisheries, if:
[RT I, 16.03.2011, 1 - entry into force 26.03.2011]
1) circumstances become evident which preclude approval of the application;
2) use the assistance and the property acquired, constructed or renovated with the aid of support does not comply with the prescribed conditions;
3) liquidation proceedings have been commenced against the beneficiary or the beneficiary is declared bankrupt;
[RT I 2008, 59, 330 - entry into force 01.01.2009]
4) it becomes evident that the objectives of the project cannot be achieved or that the time limits for the activities of the project have not been adhered to;
5) the decision to approve the application has been repealed;
6) precept of a law enforcement authority has not been complied with by the due date;
[RT I, 13.03.2014, 4 - entry into force 01.07.2014]
7) the beneficiary has not complied with the obligations imposed thereon.
(21) The Board shall demand the repayment of the money received pursuant to subsection 1910 (5) of this Act pursuant to the procedure provided for in this section, if a decision is made to refuse to pay the support of the European Fisheries Fund to the beneficiary or if the beneficiary has used the money received to cover non-eligible expenditure.
[RT I, 16.03.2011, 1 - entry into force 26.03.2011]
(22) The Ministry of Agriculture shall reclaim the technical assistance on the bases provided for in this section.
[RT I, 16.03.2011, 1 - entry into force 26.03.2011]
(3) In the cases provided for in subsections (1) and (2) of this section, the Board shall make the decision on reclaiming the fisheries market support within 90 calendar days as of the time of becoming aware of the violation.
[RT I, 16.03.2011, 1 - entry into force 26.03.2011]
(4) The decision of reclamation of the fisheries market support shall be delivered to the beneficiary against a signature or by post by sending a registered letter with advice of delivery or electronically within five working days as of making of the decision. The fisheries market support shall be refunded within 90 calendar days as of the date of delivery of the decision.
[RT I, 16.03.2011, 1 - entry into force 26.03.2011]
(5) The decision on reclamation of the support of the European Fisheries Fund may be made at the latest on 31 December 2025. The decision on reclamation of other fisheries market support may be made within 10 years as of the payment of the fisheries market support.
[RT I, 16.03.2011, 1 - entry into force 26.03.2011]
(6) Where appropriate, the Board may suspend the payments to the beneficiary of the fisheries market support until refunding of the amount demanded or reduce the amount of the subsequent payment within the framework of the same project to the extent of the amount not refunded.
(7) The Board may permit the refunding of the support reclaimed in instalments, if the beneficiary submits an appropriate reasoned application and time schedule for refunding the support. In case the support is refunded in instalments, the support shall be refunded within at least 12 months as of making the decision on permitting the repayment of support in instalments. In case the support is refunded in instalments, the Board has the right to demand a security.
(8) It the person who received the fisheries market support fails to refund the support money within the term provided for in subsection (4) of this section or within the term prescribed in the repayment time schedule in case the support is refunded in instalments, the Board has the right to pass the order on reclamation of the support for compulsory execution pursuant to the procedure provided for in the Code of Execution Procedure.
[RT I, 16.03.2011, 1 - entry into force 26.03.2011]
(9) The Ministry of Agriculture shall reclaim the support in the form of market intervention mechanisms on the bases provided for in the regulations of the European Union. Unless otherwise provided in the regulations of the European Union, the support in the form of market intervention mechanisms shall be reclaimed pursuant to the procedure provided for in this section.
(10) If fisheries market support is reclaimed, interest is demanded on the amount of the support to be returned which shall be payable in the currency in which the support was paid. Authorities of executive power are not required to pay interest.
(11) If support of the European Fisheries Fund is reclaimed, the interest rate on amounts of support subject to refunding shall be one-year Euribor + 5 per cent per year.
[RT I 2010, 22, 108 - entry into force 01.01.2011]
(12) If support in the form of market intervention mechanisms and state aid to fisheries is reclaimed, the interest rate specified in subsection (11) of this section shall be applied, unless otherwise provided for in the legislation of the European Union.
(13) Interest shall be calculated from the date on which the decision on reclamation of the fisheries market support is made. If a criminal offence was committed upon application for or use of the fisheries market support, interest shall be calculated from the date of payment of the fisheries market support. Interest calculation shall be based on the applicable interest rate.
[RT I, 16.03.2011, 1 - entry into force 26.03.2011]
(14) Interest shall be calculated until the date of repayment of the fisheries market support. Interest calculation shall be suspended upon declaration of bankruptcy of the beneficiary.
(15) If the fisheries market support was not refunded by the due date, the beneficiary shall pay a fine for delay at the rate of 0.1 per cent for each calendar day by which refunding of the support is delayed on the balance of the support amount subject to refunding in the currency in which the support was paid. The calculation of the fine for delay shall be suspended upon declaration of beneficiary's bankruptcy.
(16) Authorities of executive power are not required to pay the fine for delay on the funds allocated for support or self-financing. If the European Commission demands the payment of a fine for delay from the state, the authority of executive power shall pay the fine for delay to the extent of the amount of the fine for delay which the state paid to the European Commission.
(17) The payments made for refunding the fisheries market support shall be deemed to have been made in the following order: in the first order fines for delay shall be deemed paid, secondly the interest amounts according to their chronological order, starting from the earliest, and last the support or the parts thereof, starting from the earliest arrears.
[RT I 2007, 22, 115 - entry into force 23.03.2007]
(1) In the contract for award of support, loan or security, the Foundation shall determine the intended purpose of the support, loan or security, and specify the bases for and terms of reclamation of support, loan or security which is not used for its intended purpose. The Foundation shall monitor the purposeful use of support, loan and securities it awards.
(2) The foundation:
1) shall cancel a contract for the award of support, loan or security before the support is paid, if the financial situation of the recipient of the support, loan or security has deteriorated such that the purposeful use of the support, loan or security is at risk;
2) shall decide on the reclamation of support, loan or security not used for its intended purpose within at least one month after becoming aware of the use of the support, loan or security for purposes other than its intended use.
(3) Support, loan or security received without legal basis or used for purposes other than its intended use shall be returned to the Foundation within the period of time prescribed in the decision on reclamation, as of the receipt of notification of the corresponding decision.
[RT I 2006, 5, 22 - entry into force 06.02.2006]
(1) By 1 April each year, the Foundation shall submit to the Ministry of Agriculture a report on the grant of the state aid to fisheries specified in § 544 of this Act during the previous year, except in the case of a group exemption adopted by the European Commission pursuant to Article 1 of Council Regulation (EC) No 994/98 in the case of which a report is submitted by 1 March every year.
(2) Based on the information obtained from the Board, the Ministry of Agriculture shall prepare reports concerning the grant of state development support, aid to make good damage caused by a natural disaster, and other fisheries support specified in subsection 2 (2) of this Act, and forward the reports to the Commission of the European Communities pursuant to the procedure provided for in Commission Regulation (EC) No 794/2004 implementing Council Regulation (EC) No 659/1999 laying down detailed rules for the application of Article 93 of the EC Treaty (OJ L 140, 30.04.2004, p. 1-134), together with the report specified in subsection (1) of this section.
[RT I 2006, 5, 22 - entry into force 06.02.2006]
The Board shall maintain records on the beneficiaries of de minimis fisheries aid and on the amount of aid granted to the beneficiaries and shall submit the information concerning the beneficiaries of the aid during the previous year to the Ministry of Agriculture by 1 April each year, which shall preserve and forward the obtained information pursuant to the procedure provided for in Commission Regulation (EC) No 875/2007.
[RT I, 16.03.2011, 1 - entry into force 26.03.2011]
(1) Violation of marketing standards for fishery products and the requirements for consumer information
is punishable by a fine of up to 300 fine units.
(2) The same act, if committed by a legal person,
is punishable by a fine of up to 3200 euros.
[RT I 2010, 22, 108 - entry into force 01.01.2011]
(1) Failure to submit information necessary for the implementation of measures for the fisheries market organisation
is punishable by a fine of up to 200 fine units.
(2) The same act, if committed by a legal person,
is punishable by a fine of up to 2000 euros.
[RT I 2010, 22, 108 - entry into force 01.01.2011]
(1) The provisions of the General Part of the Penal Code and the Code of Misdemeanour Procedure apply to misdemeanours provided for in §§ 72 and 73 of this Act.
(2) The Veterinary and Food Board or the Environmental Inspectorate shall conduct extra-judicial proceedings in matters of misdemeanours provided for in § 72 of this Act within the limits of their competence and the Agricultural Registers and Information Board shall conduct extra-judicial proceedings in matters of misdemeanours provided for in § 73 of this Act.
[RT I, 16.03.2011, 1 - entry into force 26.03.2011]
(1) The minister responsible for the area may establish conditions of measures before the approval of the operational programme by the European Commission but not earlier than two months after the submission of a draft operational programme to the European Commission. The conditions of technical assistance measures may be established immediately after the entry into force of subsection 194 (1) of this Act.
(2) The implementing body shall not make the decision on approval of the application for support of the European Fisheries Fund before the European Commission approves the operational programme.
(3) If the draft operational programme differs from the operational programme approved by the European Commission, the conditions of the measure established before the approval of the operational programme may be amended in the part in which the conditions of the measure contradict the operational programme approved by the European Commission.
(4) If the conditions of measures are amended pursuant to subsection (3) of this section, the implementing body shall determine a term for the applicant to make the application comply with the conditions of the measure. If the applicant does not agree to amendment of the application or does not amend the application during the determined term, a decision to deny the application shall be made.
[RT I 2007, 22, 115 - entry into force 23.03.2007]
[Omitted from this text.]
(1) This Act enters into force on 1 January 2004.
(2) Sections 55-65, except subsection 63 (2), of this Act and subsections 68 (3), 69 (9) and 71 (7) of this Act enter into force as of Estonia's accession to the European Union.
(3) Chapter 53 and § 713 of this Act are implemented as of 1 January 2005.
[RT I 2006, 5, 22 - entry into force 06.02.2006]
