On the Designation of State Institutions, Municipalities and other Legal Persons Responsible for the Implementation of Measures of the European Agricultural Guarantee Fund


Published: 2006-11-10

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GOVERNMENT OF THE REPUBLIC OF LITHUANIA
 
RESOLUTION No 987
 
of 11 October 2006
 
ON the designation of state institutions, municipalities and other legal persons responsible for the implementation of measures of the european Agricultural guarantee fund
 
Vilnius
 
Acting pursuant to the Law of the Republic of Lithuania on Agricultural and Rural Development (Valstybės žinios (Official Gazette) No 72-3009, 2002), the Law on Local Self-Government (Valstybės žinios (Official Gazette) No 55-1049, 1994; 91-2832, 2000), Council Regulation (EEC) No 4045/89 of 21 December 1989 on scrutiny by Member States of transactions forming part of the system of financing by the Guarantee Section of the European Agricultural Guidance and Guarantee Fund and repealing Directive 77/435/EEC (OJ 2004 Special edition Chapter 3 Volume 9 p. 208), as last amended by Council Regulation (EC) No 2154/2002 of 28 November 2002 amending Regulation (EEC) No 4045/89 (OJ 2004 Special edition Chapter 3 Volume 37 p. 443), Council Regulation (EC) No 1469/95 of 22 June 1995 on measures to be taken with regard to certain beneficiaries of operations financed by the Guarantee Section of the EAGGF (OJ 2004 Special edition Chapter 3 Volume 17 p. 432), Commission Regulation (EC) No 745/96 of 24 April 1996 laying down detailed rules for the application of Council Regulation (EC) No 1469/95 on measures to be taken with regard to certain beneficiaries of operations financed by the Guarantee Section of the EAGGF (OJ 2004 Special edition Chapter 3 Volume 19 p. 30), Commission Regulation (EC) No 2584/2000 of 24 November 2000 establishing a system for the communication of information on certain supplies of beef, veal and pigmeat by road to the territory of the Russian Federation (OJ 2004 Special edition Chapter 11 Volume 34 p. 231), as last amended by Commission Regulation (EC) No 44/2003 of 10 January 2003 (OJ 2004 Special edition Chapter 11 Volume 45 p. 200), Council Regulation (EC) No 1782/2003 of 29 September 2003 establishing common rules for direct support schemes under the common agricultural policy and establishing certain support schemes for farmers and amending Regulations (EEC) No 2019/93, (EC) No 1452/2001, (EC) No 1453/2001, (EC) No 1454/2001, (EC) 1868/94, (EC) No 1251/1999, (EC) No 1254/1999, (EC) No 1673/2000, (EEC) No 2358/71 and (EC) No 2529/2001 (OJ 2004 Special edition Chapter 3 Volume 40 p. 269) as last amended by Council Regulation (EC) No 319/2006 of 20 February 2006 (OJ L 58, p. 32), Council Regulation (EC) No 1290/2005 of 21 June 2005 on the financing of the common agricultural policy (OJ L 209, p. 1) as last amended by Council Regulation (EC) No 320/2006 of 20 February 2006 (OJ L 58, 28.2.2006, p. 42), Commission Regulation (EC) No 885/2006 of 21 June 2006 laying down detailed rules for the application of Council Regulation (EC) No 1290/2005 as regards the accreditation of paying agencies and other bodies and the clearance of the accounts of the EAGF and of the EAFRD (OJ L 171, p. 90), Commission Regulation (EC) No 884/2006 of 21 June 2006 laying down detailed rules for the application of Council Regulation (EC) No 1290/2005 as regards the financing by the European Agricultural Guarantee Fund (EAGF) of intervention measures in the form of public storage operations and the accounting of public storage operations by the paying agencies of the Member States (OJ L 171, p. 35), Commission Regulation (EC) No 883/2006 of 21 June 2006 laying down detailed rules for the application of Council Regulation (EC) No 1290/2005 as regards the keeping of accounts by the paying agencies, declarations of expenditure and revenue and the conditions for reimbursing expenditure under the EAGF and the EAFRD (OJ L 171, p. 1), Council Regulation (EC) No 320/2006 of 20 February 2006 establishing a temporary scheme for the restructuring of the sugar industry in the Community and amending Regulation (EC) No 1290/2005 on the financing of the common agricultural policy (OJ L 58, p. 42), as well as seeking to ensure the implementation of the measures of the European Agricultural Guarantee Fund, the Government of the Republic of Lithuania h a s r e s o l v e d :
1. To designate:
1.1. the Ministry of Agriculture:
1.1.1. the Competent Authority for the European Agricultural Guarantee Fund (hereinafter referred to as “the EAGF”);
1.1.2. the authority responsible for providing consultations to agricultural entities on land and farm management issues;
1.2. the National Paying Agency under the Ministry of Agriculture (hereinafter referred to as “the National Paying Agency”):
1.2.1. the institution responsible for receiving and transmitting notifications to the European Commission on the irregularities (as defined in Council Regulation (EC) No 1469/95 of 22 June 1995) under Council Regulation (EC) No 745/96 of 24 April 1996;
1.2.2. the institution responsible for the implementation of Commission Regulation (EC) No 2584/2000 of 24 November 2000 in Lithuania.
2. To establish that the National Paying Agency shall be responsible for the administration of the EAGF measures, the payment of allocations, accounting and control, as well as for acting as the special department under Council Regulation (EEC) No 4045/89 of 21 December 1989.
3. To designate state institutions, municipalities and other legal persons to be responsible for the EAGF measures as follows:
3.1. as regards direct payments:
3.1.1. the state enterprise the Centre of Agricultural Information and Rural Business (hereinafter referred to as “the Centre of Agricultural Information and Rural Business“) shall be responsible for creating, implementing and managing the system for the identification of parcels of land; upon direction by the Ministry of Agriculture, for organising and conducting remote inspections of the declared parcels; for managing and implementing the central computerised database for the system of livestock identification and registration and the information system for the payments for quota milk; for managing the Agricultural and Rural Business Register; for delivering to the National Paying Agency lists of recipients of payments relating to animals and quota milk, together with lists of amounts payable for quota milk;
3.1.2. the State Food and Veterinary Service shall be responsible reporting to the National Paying Agency any irregularities in the application of livestock registration and identification procedure;
3.1.3. municipalities shall be responsible for accepting, registering and conducting primary assessment of applications and other documentation, and for making relevant entries in information systems in the wards (other than those relating to applications for individual direct payments for white sugar); for forwarding applications printed out in the wards to the National Paying Agency, and for providing information to beneficiaries;
3.2. as regards milk production quotas:
3.2.1. the Centre of Agricultural Information and Rural Business shall be responsible for entering information from reports of milk buying-in enterprises and from requests, applications and declarations of milk producers into the information system used for the administration of milk production quotas; for notifying milk producers about incorrect data; for delivering information and primary documentation to the National Paying Agency; for administering the central computerised database for livestock identification and registration system; for administering the Agricultural and Rural Business Register; for improving and administering livestock breeding information system; for developing, implementing and administering trading information system for milk production quotas; for administering auction fees and applications of milk producers for purchase/sale of quotas, and for delivering information related thereto to the National Paying Agency;
3.2.2. municipalities shall be responsible for administering (acceptance, registration and primary assessment) applications and declarations received from milk producers and forwarding these to the Centre of Agricultural Information and Rural Business; for notifying producers in the wards of rejected or non-compliant applications and declarations, and of any changes in the individual quota of a holder of a milk production quota; where the quota has been granted from the national reserve or where a milk producer submits an application and evidence for the renewal of the reserved quota, for conducting inspections of the milk farm concerned and for delivering the opinion on the eligibility for receiving a quota from the national reserve and the relevant documents to the National Paying Agency;
3.2.3. the State Food and Veterinary Service shall be responsible for reporting irregularities in the application of livestock registration and identification procedure and for delivering information to the National Paying Agency on the conformity of the farms to sanitary and veterinary requirements; for issuing authorisations to sell milk for direct consumption, to producers who are engaged exclusively in the keeping of records of milk volumes in the milk farm;
3.2.4. the state enterprise Pieno tyrimai (“Milk testing”) shall be responsible for determining fat in milk sold by milk producers and for delivering information to the National Paying Agency;
3.3. as regards support for the production of dried fodder:
3.3.1. the State Seed and Grain Service under the Ministry of Agriculture (hereinafter referred to as “the State Seed and Grain Service”) shall be responsible for granting and withdrawing approvals for dried fodder processing undertakings and purchasers of fodder for drying and/or grinding;
3.3.2. the State Food and Veterinary Service shall be responsible for monitoring the fulfilment of the minimum requirements for the quality of dried fodder;
3.4. the State Seed and Grain Service shall be responsible for seed certification;
3.5. as regards the intervention in foodstuffs and agricultural products, as well as other intervention measures, including support measures for the promotion of domestic consumption and processing, other than intervention measures for fishery products (hereinafter referred to as “intervention measures”):
3.5.1. the state enterprise Lithuanian Agricultural and Food Market Regulation Agency shall be responsible for deciding the eligibility of applications; for granting official authorisations for the execution of payments; for administering guarantees; for preparing stock accounts, reports and data for the reports, and for delivering these to the authorities administering the intervention measures (data for monthly and annual reports on public storage, as well as for the annual report on the EAGF, for the report on the volumes of agricultural products and foodstuffs subject to intervention measures, expenditure forecasts, etc.); for verifying and approving individuals related to intervention measures in accordance with the requirements of legal acts; for inspecting products subject to intervention measures and for verifying, with reference to documents, whether the agricultural products and foodstuffs of particular purpose are used according to their purpose;
3.5.2. the Customs Department under the Ministry of Finance (hereinafter referred to as “the Customs Department”) and customs offices authorised by it shall be responsible:
3.5.2.1. for performing customs inspections of agricultural products taken from intervention stocks and intended for exportation from the customs territory of the European Union (hereinafter referred to as “the EU”) or for transportation to certain destinations within the EU customs territory;
3.5.2.2. for performing laboratory tests of agricultural products and foodstuffs and for monitoring compliance of their classification with the Combined Nomenclature (CN) in response to requests from the Lithuanian Agricultural and Food Market Regulation Agency;
3.5.2.3. for performing other tasks under the co-operation agreement for the implementation of the EAGF measures between the National Paying Agency, the Lithuanian Agricultural and Food Market Regulation Agency and the Customs Department;
3.5.3. the State Food and Veterinary Service shall be responsible for monitoring compliance of foodstuffs (except cereal) subject to intervention measures with the requirements for ingredients, quality, packaging and labelling; for supervising and inspecting the production and processing of these foodstuffs; and for supervising and inspecting warehouses and cold stores;
3.5.4. the State Seed and Grain Service shall be responsible for monitoring compliance of the accepted, intercepted, stored and sold cereal subject to intervention measures with the requirements for quality; for monitoring compliance of intervention cereal warehouses with requirements; for inspecting the special qualitative and quantitative accounting;
3.5.5. municipalities shall be responsible for identifying persons eligible for support under the EU programmes on the supply of food from intervention stocks for the poorest;
3.6. the State Animal Breeding Supervision Service under the Ministry of Agriculture (hereinafter referred to as “the State Animal Breeding Supervision Service”) shall be responsible for approving breeding apiaries and issuing documents certifying the number of breeding hives in a breeding apiary for the applicants for support in the beekeeping sector;
3.7. as regards export refunds for agricultural products exported to third countries:
3.7.1. the Customs Department and customs offices authorised by it shall be responsible:
3.7.1.1. for inspecting and performing the necessary formalities on export licences for agricultural products and other documents under the agricultural trade system;
3.7.1.2. for ensuring the use of T5 control copy in the implementation of the agricultural trade system;
3.7.1.3. for applying customs supervision measures related to the administration of the compensation system for the export of agricultural products;
3.7.1.4. for applying customs supervision measures, where agricultural products enjoy advance export compensations when these products are processed and exported within a fixed period, placed in customs warehouses, free warehouses or free zones and exported within a fixed period;
3.7.1.5. for performing customs supervision during delivery of agricultural products to destinations considered as destinations of export from the Community;
3.7.1.6. for performing customs inspections of agricultural products subject to export compensations;
3.7.1.7. for performing compliance checks of operations related to formulations registered with territorial customs, of products produced or supplied, and for reporting any detected irregularities to the National Paying Agency;
3.7.1.8. for monitoring the application of the export compensation nomenclature for agricultural products, including the compliance of classification of agricultural products with the referred nomenclature;
3.7.1.9. for inspecting economical and commercial activities of economic entities subject to customs supervision, and their accounting records and financial statements as far as they relate to the production of and trade in agricultural products;
3.7.1.10. for conducting physical inspections of products subject to export compensations during customs clearance and for detailing inspection results in a physical inspection report;
3.7.1.11. for performing other tasks under the co-operation agreement for the implementation of the EAGF measures between the National Paying Agency, the Lithuanian Agricultural and Food Market Regulation Agency and the Customs Department;
3.7.2. the State Food and Veterinary Service shall be responsible for performing veterinary control of welfare of bovine animals subject to export compensations for live bovine animals, during their transportation to other countries, and for issuing documents certifying the conformity of wine products;
3.7.3. the state enterprise Gyvulių produktyvumo kontrolė (“Animal Productivity Control”) shall be responsible for supervising the slaughter of adult bulls and steers; for issuing certificates where particular export compensations are applied for carcases or parts thereof, and for supervising beef deboning and for issuing certificates where particular export compensations are applied for deboned bovine meat;
3.7.4. the State Seed and Grain Service shall be responsible for verifying the quality of common and durum wheat and other alimentary cereals and dent (flint) maize, and for issuing certificates of quality;
3.7.5. the State Plant Protection Service shall be responsible for phytosanitary control of exported plants and plant products and for issuing certificates of conformity;
3.8. as regards the implementation of temporary aid measures for the restructuring of the Community sugar industry:
3.8.1. the Ministry of Social Security and Labour and institutions authorised by it shall be responsible for assessing the social part of the restructuring plan, for delivering opinion to the National Paying Agency and for monitoring the implementation of measures under the social part during the implementation period of the restructuring plan;
3.8.2. the Ministry of the Environment and institutions authorised by it shall be responsible for assessing the environmental part of the restructuring plan, for delivering opinion to the National Paying Agency and for monitoring the implementation of measures under the environmental part during the implementation period of restructuring plan;
3.8.3. county governors of those counties which have sugar factories, and institutions authorised by them shall be responsible for assessing regional aspects of the restructuring plan and delivering opinion to the National Paying Agency.
4. To designate state institutions and other legal persons to be responsible for the EAGF measures financed centrally under the European Community legislation as follows:
4.1. as regards intervention measures for fishery products:
4.1.1. the National Paying Agency shall be responsible for making payments, accounting, debt management and financial reporting;
4.1.2. the state enterprise Lithuanian Agricultural and Food Market Regulation Agency shall be responsible for deciding the eligibility of applications; for granting official authorisations for the execution of payments; for administering guarantees; for inspecting fishery products subject to intervention measures and their use; for preparing expenditure forecasts, reports and data for the reports, and for delivering these to the authorities administering fishery intervention measures;
4.1.3. the Fishery Department under the Ministry of Agriculture (hereinafter referred to as “the Fishery Department”) shall be responsible for monitoring the sorting of fishery products released for first sale according to the categories of size and freshness and for verifying conformity of fishery products removed from the market to the declared categories of size and freshness;
4.2. as regards support for fish producers’ organizations:
4.2.1. the National Paying Agency shall be responsible for making payments, accounting, debt management and financial reporting;
4.2.2. the Fishery Department shall be responsible for recognising fish producers’ organizations and for withdrawing such recognition; for monitoring the activity of such organizations, for approving their annual activity programmes and for monitoring the implementation of such programmes; for taking decisions on the eligibility of these organizations for support for the implementation of their annual activity programmes; for delivering information, reports and expenditure forecasts to the institutions administering these measures;
4.3. as regards the implementation of programmes for the eradication and control of animal diseases:
4.3.1. the State Food and Veterinary Service shall be responsible for keeping records of slaughtered animals, destroyed animal products, fodder, feed, feeding stocks, destroyed equipment, cleaning of premises, disinsectization and disinfection;
4.3.2. the National Paying Agency shall be responsible for accepting and registering claims submitted by animal keepers for damages suffered as a result of eradication of communicable animal diseases, restrictions on the movement of animals or changes in consumer behaviour bringing negative impact on the market; for verifying calculations of losses claimed by animal keepers and of compensations of such losses, in accordance with normative prices of biological assets approved by the Ministry of Agriculture, and for making relevant payments, also for accounting and debt management.
5. To charge:
5.1. the Ministry of Agriculture with the task of:
5.1.1. organizing the accreditation of the National Paying Agency and, having established that it conforms to the accreditation criteria, accrediting this Agency by 15 October 2006, notifying the European Commission thereof and regularly verifying compliance of the National Paying Agency acting in the capacity of the EAGF paying agency with the accreditation criteria;
5.1.2. preparing, by 31 December 2006, new or updating the existing rules of administration of support under the EAGF and of implementation of measures administered under this Fund and referred to in paragraph 3 of this Resolution (with the exception of those referred to in paragraph 3.8);
5.1.3.preparing, by 1 November 2006, rules of administration and control of the temporary aid for the restructuring of the Community sugar industry;
5.1.4. amending, by 31 December 2006, the standard clauses of the co-operation agreement between the National Paying Agency and municipalities (in relation to the tasks assigned to them) on the EAGF measures, to cover the tasks referred to in paragraph 3 of this Resolution ;
5.1.5. amending, by 1 December 2006, Regulations of the National Paying Agency, the State Plant Protection Service, the State Animal Breeding Supervision Service, the State Seed and Grain Service, as well as Articles of Association of the Centre of Agricultural Information and Rural Business, the state enterprise Gyvulių produktyvumo kontrolė (“Animal Productivity Control”), the state enterprise Pieno tyrimai (“Milk Testing”) and the state enterprise Lithuanian Agricultural and Food Market Regulation Agency, to cover the tasks referred to in paragraph 3 of this Resolution;
5.1.6. drafting, within one month of the entry of this Resolution into force, and submitting to the Government of the Republic of Lithuania amendments to the Regulations of the Ministry;
5.2. the county governors with the task of organizing the inscription of boundaries of farmland and crop areas in the relevant segments of the map of reference land parcels;
5.3. the National Paying Agency with the task of:
5.3.1. drawing up or amending and approving, within 15 calendar days of the approval of legal acts referred to in paragraph 5.1.2 of this Resolution, procedures for the implementation of the measures administered under the EAGF;
5.3.2. drawing up and concluding:
5.3.2.1. within 15 calendar days of the approval of legal acts referred to in paragraph 5.1.2 of this Resolution, agreements on co-operation and on the delivery of personal data with the state institutions and other legal persons referred to in paragraph 3 of this Resolution, in accordance with the tasks assigned to them by this Resolution and in pursuance to the EU legal acts governing the implementation of the EAGF measures;
5.3.2.2. within 15 calendar days of the approval of legal acts referred to in paragraph 5.1.2 of this Resolution, cooperation agreements with municipalities;
5.3.2.3. within 15 calendar days of the approval of legal acts referred to in paragraph 5.1.2 of this Resolution, the following co-operation agreements on the execution of tasks related to the administration of measures financed under the EAGF with the following entities:
5.3.2.3.1. with milk buying-in and processing undertakings, on the delivery to the National Paying Agency of accounting, data and reports relating to the bought-in milk, on the collection from producers of the amounts calculated for exceeding milk production quotas and the transfer of these amounts to the National Paying Agency, and on the provision of information to producers;
5.3.2.3.2. with producers of white sugar, on the delivery to the National Paying Agency of reports on white sugar quotas distributed to sugar-beet growers;
5.3.2.4. within 15 calendar days of the approval of legal acts referred to in paragraph 5.1.2 of this Resolution, co-operation agreements with county governors of those counties which have sugar factories, the Ministry of the Environment, the Ministry of Social Security and Labour and other institutions authorised by them, on the approval of the appropriate parts of the restructuring plan, on the monitoring of implementation of actions under this plan, and on the delivery of reports to the National Paying Agency;
5.4. state institutions, municipalities and other legal persons responsible for the implementation of the EAGF measures with the task of:
5.4.1. concluding, within 15 calendar days of the approval of legal acts referred to in paragraph 5.1.2 of this Resolution, new or amending the existing co-operation agreements with the National Paying Agency, conforming to Commission Regulation (EC) No 885/2006 of 21 June 2006 laying down detailed rules for the application of Council Regulation (EC) No 1290/2005 as regards the accreditation of paying agencies and other bodies and the clearance of the accounts of the EAGF and of the EAFRD;
5.4.2. drawing up, agreeing with the National Paying Agency and approving, within 15 calendar days of the approval of legal acts referred to in paragraph 5.1.2 of this Resolution, the procedure for the implementation of tasks assigned to them under this Resolution, conforming to Commission Regulation (EC) No 885/2006 of 21 June 2006 laying down detailed rules for the application of Council Regulation (EC) No 1290/2005 as regards the accreditation of paying agencies and other bodies and the clearance of the accounts of the EAGF and of the EAFRD.
6. To establish that the institutions referred to in this Resolution shall, for the purpose of co-operation and execution of tasks laid down in this Resolution, be granted the right to process personal data of applicants for specified and legitimate purposes but only in the cases and to the extent necessary for the execution of tasks assigned under this Resolution and in the manner prescribed by the Law of the Republic of Lithuania on Legal Protection of Personal Data (Valstybės žinios (Official Gazette) No 63-1479, 1996; No 15-597, 2003).
7. To recommend that municipalities designate, for the implementation of tasks referred to in paragraph 3 of this Resolution, persons with higher education, excellent computer skills and the following special qualifications:
7.1. good knowledge of legal acts of the EU and the Republic of Lithuania governing the functioning of the agriculture and rural development system, including the administration of support provided to agriculture and rural development by the EU and the Republic of Lithuania;
7.2. good knowledge of the specifics of agriculture.
 
 
 
 
Prime Minister                                                                                 Gediminas Kirkilas
 
 
Minister of Agriculture                                                                   Kazimira Danutė Prunskienė