Amendments To The Cabinet Of Ministers On 30 September 2014 Regulations Nr. 598 "rules On National And European Union Aid, Administration And Monitoring Of The Development Of The Rural And Fisheries-2014 – 2020 Programming Period"

Original Language Title: Grozījumi Ministru kabineta 2014. gada 30. septembra noteikumos Nr. 598 "Noteikumi par valsts un Eiropas Savienības atbalsta piešķiršanu, administrēšanu un uzraudzību lauku un zivsaimniecības attīstībai 2014.-2020. gada plānošanas periodā"

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Read the untranslated law here: https://www.vestnesis.lv/op/2016/194.2


Cabinet of Ministers Regulations No. 645 in 2016 (27 September. No 48 43) amendments to the Cabinet of Ministers on 30 September 2014 rules No 598 "rules on national and European Union aid, administration and monitoring of the development of the rural and fisheries-2014 – 2020 programming period" Issued under the agricultural and rural development Act article 5, fourth and seventh paragraph to make the Cabinet 30 September 2014 rules No 598 "rules on the national and European aid Administration and monitoring of the field, and the fisheries development 2014 – 2020 programming period "(Latvian journal, 2014, 2015, 205. no; 202.93, no. Lissabon, 62. no;) the following amendments: 1. provisions supplementing with 1.9 and 1.10. subparagraph by the following:" 1. The European Parliament and of the Council of 17 December 2013 Regulation (EU) no 1306/2013 for the financing of the common agricultural policy, management, and monitoring and of Council Regulation (EEC) no 352/78 , (EC) No 165/94, (EC) No 2799/98, (EC) no 814/2000, (EC) No 1290/2005 and (EC) No 485/2008 (hereinafter Regulation No 1306/2013) and to article 63 64; 1.10. the Commission's March 11, 2014. the delegated Regulation (EU) no 640/2014, supplementing the European Parliament and Council Regulation (EU) no 1306/2013 as regards the integrated administration and control system, the refusal or withdrawal of the payment conditions and administrative penalties applicable to direct payments and rural development support in the context of cross-compliance (hereinafter Regulation No 640/2014), article 35, paragraph 2 and 3. " 2. Express 3 and paragraph 4 by the following: "3. If the project application deadlines is longer than one month, the rural support service after the project submission acceptance launches the evaluation in accordance with the provisions of paragraph 14 (except this rule 14.2. Queuing referred to) and the laws of the State of the European Union and the granting of aid for the development of the rural and fisheries for a particular event, and when the projects in question public funding reaches 80 percent of the available funding : 3.1 continue to accept project submissions, compiling and listing the project selection criteria, as determined by the laws of the State of the European Union and the granting of aid for the development of the rural and fisheries for a particular event, and information about it has been published under this rule 13.2.; 3.2. the official Edition of the "journal" published a statement that the submissions submission will expire after one month, if by this provision in paragraph 2 in accordance with the procedure laid down in the invitation for the submission of application to the end remained more than one month. 4. To apply for aid, aid the applicant Field support services in person or electronic document under the legislation on the electronic design, field support service electronic logon submit project applications and documents laid down by the laws of the State of the European Union and the granting of aid for rural and fishery development for a particular event. If the applicant is applying for aid in accordance with the laws of the State and European Union aid for rural development Sub-measure "implementation of actions in accordance with the community-driven local development strategy" or in accordance with the laws of the State of the European Union and the granting of aid to European Maritime Affairs and Fisheries Fund measures public-driven local development strategy for the implementation of this project submissions in the form of a paper document personally submit to the Association or Foundation in the assigned to support community-driven local development strategy consistent with the laws of the State of the European Union and the granting of aid for the implementation of the strategy (hereinafter local action group). If the application is filed, the rural support service of the Field support service shall send it to the local action groups, in order to assess the project's conformity with the application to the local development strategy. " 3. To supplement the provisions under point 6.2, the following: "where the applicant is 6.2, public entity or its authority to purchase documents related to the purchase of goods or services, shall be submitted together with the application for the project or project submission adds information about market prices, exploration and purchase documents submitted within six months after the date of entry into force of the rural support service of the decision on the approval of the project application but no later than five working days after the completion of the procurement procedure, where the support of regulatory laws is not otherwise specified. " 4. Add to paragraph 9.1., after the word "violations" with the words "industry" project implementation. 5. Make the introductory paragraph 10 by the following: ' 10. Field support service in accordance with the provisions of Annex 9. excluded from the circle of beneficiaries of the project the applicant – a natural person or private-law legal person – in any of the following cases: "6. the Supplement 10.1. section behind the words" judgment of "with the words" or decision on the coercive influence of the imposition of a legal person ". 7. Replace the words "in paragraph 14.2. ranked in a particular local action group" with the words "ranked according to particular local action groups assigned points". 8. Express 14.3. subparagraph by the following: "after the project submission 14.3. ranking continues to assess the project submissions that have received at least the minimum number of points, determined by the laws of the State of the European Union and the granting of aid for rural and fishery development for a particular event, and in the overall public funding is sufficient for at least 50 percent. The project submissions, the number of points assigned to public funding for the acquisition of a given round is not enough rejected, if no decision is taken on the additional funding or financial redistribution specific support measures, public financing granted boundary; ". 9. Replace the words in paragraph 14.5 "scored" with the words "five months after the project submission deadlines end valued". 10. Make the following paragraph 23: "23. the rural support service this provision referred to in paragraph 18 of the decision within 10 working days of acceptance by the tenderer of the aid notified electronically, if the applicant is the rural support service electronic login system user, or sent by post." 11. Express 26 the following: "26. supports the applicant is entitled to initiate the implementation of the project after the application Field of the project support services, taking full financial risk. If the application is submitted in accordance with the laws of the State and European Union aid for rural development Sub-measure "implementation of actions in accordance with the community-driven local development strategy" or laws of the State of the European Union and the granting of aid to European Maritime Affairs and Fisheries Fund measures the public-driven local development strategies, support the applicant is entitled to initiate the implementation of the project after local action group project application is submitted to the rural support service. Support the applicant (person) who, under the laws of the State of the European Union and the granting of aid for rural and fishery development for a particular event must obtain a merchant, farms or economic operator status, is entitled to initiate the implementation of the project status or registration with the register of enterprises of the State revenue service. If the support service shall take a decision on the rejection of the project, the Tenderer shall bear all the support with project implementation expenses. " 12. Delete the text under "29.1.5. If a project corresponding payment to suppliers acquisition account transfer rather than the recipient, but the credit institution, leasing company or a public joint stock company" Latvian development financial institution which issued the "Alta loan beneficiary, then submitted to the credit institution, leasing companies or public joint stock company" Latvian development financial institution certified by the Viola "payment order". 13. paragraph 36 be expressed as follows: "36. Beneficiaries (those who also received funding from the European Fund for Maritime Affairs and fisheries) provide by Regulation No 808/2014 3 of part 1 of the annex referred to in paragraph 2, the performance of the duties. If the total amount of public funding for the project is more than 50 000 euro, in accordance with Regulation No 808/2014 3. point 2 of part 1 of the "b" section of the information and publicity measures for the implementation of the obligation does not apply to projects that are not made through investment and the nature of which it is not possible to determine a suitable location for the information and publicity measures. That obligation does not extend to the European agricultural fund for rural development support measures referred to in Regulation No 1305/13 article 21, paragraph 1, "a" and in paragraph 28, 29, 30, 31, 33 and 34. Implementation of information and publicity measures used in this provision is specified in annex 3 to the appropriate fund logo of Regulation No 808/2014 annex 3, part 2, paragraph 1, and in Regulation No 763/2014 the technical parameters, as well as national identification by reference "national development plan 2020" and indicate the Fund administering authorities ' support the Ministry of agriculture and rural support service ". Project information and publicity costs borne by the beneficiary of the aid. " 14. Replace paragraph 47, the words "last payment" by the words "where the applicant intends the project construction, final payment". 15. Make the following paragraph in 52.1: "52.1. within 30 calendar days of submission of the project approval authorities shall submit to the Department of field support prepayment request. Field support services at the request of approval, prepayments 15 calendar days transferred to the municipality in the approved project application prepayment in amount, but not more than 20 per cent of the total public funding granted to the project. Prepaid payment and interim payment, as well as the entire project to cover the necessary resources the municipality opens account in the Treasury; ". 16. Replace 54.2. in subparagraph "." with the number "55.1 54.1.". 17. Amend section 55.1. the words "the decision approving the project submission deadline". 18. Add to paragraph 64, after the word "assets" with the words "and the resulting infrastructure". 19. Replace annex 1, paragraph 16, the words "for a period of up to one year with the words" and the number "in accordance with the law on taxes and duties Article 24". 20. Make 2. paragraph 2 of the annex table 6. column name as follows: "the actual cost (excluding VAT, if beneficiary VAT not applicable)". 21. Annex 6 to express the following: "6. the annex to Cabinet of Ministers September 30, 2014. the Regulation No. 598, the application of financial corrections support projects and in the event of infringements 1. Proportionate financial correction (see projects supported. table) are applied when the field support services, deciding on the possible detection of non-compliance or non-compliance with decision, concluded that the inadequate amount of expenditure is not made possible in particular to determine whether it would be disproportionate to reduce the amount of the eligible cost of the project for the entire amount of expenditure which does not comply with the regulations and decisions or agreements on the implementation of the project. 2. Funding passes in proportion to the length of time that has passed since the implementation of the project, and the indicators of achievement. 3. Found a number of irregularities in the course of the project appraisal, financial corrections are applied according to the key (with the highest adjustment) violation (except table 5.4 sanctions referred to). 4. Principle of proportionality applicable in so far as it allows a minimum amount of financial corrections. 5. the correction does not apply if the infringement is formal in nature, which do not have any actual or potential financial impact. 6. A financial correction may be applied, if the applicant is able to demonstrate that the required changes were expected in the project and its support from the applicant's action for reasons. 7. The application of a financial correction, judged by the aid conditions related to the severity of the discrepancy, the amount, the duration and recurrence.
Nr. PO box Non-compliance/non-compliance/violation description of the infringement the amount of the financial correction 1. The documentation associated with the project have found signs of fraud if the rural support service project administration process finds signs of fraud (for example, the document contains false information), apply the financial adjustment and exclusion from the aid recipient of 100% and the exclusion from the scope of beneficiaries of at least three years 2. It is found that the applicant is an artificially created the conditions for receiving public financing if the applicant has prepared and implemented a project in the interest of another person and that person does not comply with the conditions of the measure or the production process is divided into several projects to get more maximum amount of eligible costs, apply a financial correction 100% 2.1 is found in Regulation No 508/2014 10. Article of Regulation No 2015/288 these violations violations fixed before the application of the project, the evaluation time, the whole implementation period and at least five years after the final payment is received from the beneficiary of the arc and received 100% repayment of the aid in accordance with Regulation No 2015/288 3. Procurement procedure/pricing survey irregularities found in 3.1. Not an appropriate procurement procedure in accordance with the method applied to the procurement method-made simplified pricing survey, because that does not take into account the acquisitions that have one objective and/or supplier and by adding and defining the expected price, according to the public procurement law or rules on the procurement procedures and the procedure for its application of a customer-funded projects, procurement procedures must be carried out by the procurement monitoring Office • purchase procedure according to the provisions of the laws and 10% of the relevant investment position (for which the incorrect application of procurement method) approved eligible costs by purchasing 100% of the evaluation documentation • if found discrepancies after repeatedly carried out procurement procedures 3.2. Certain deadlines to prepare and submit tenders does not meet the conditions of the legislation of the applicant the aid procurement is not noticed certain minimum time limits for the preparation of tenders in accordance with the public procurement law and rules on the procurement procedures and the procedure for its application to projects of the customer. The financial correction applied to the procurement procedure, for which the publication of a notice of the results of the procurement monitoring Bureau Web site to the project submission making rounds end • 2% for each reduction in working time limits (a maximum of five working days), if all other conditions of the procurement procedure • 10% of the procurement procedure and the approved eligible costs upon purchasing documentation evaluation (if the term reduction exceeds five working days) • 10% of the investment positions eligible costs When the project is implemented in 100% if detected • the inconsistencies after repeatedly carried out procurement procedures 3.3. Procurement procedure is not required for valid compare offerings support the applicant compared the purchase procedure is not specified the number of valid tenders in accordance with the public procurement law and rules on the procurement procedures and the procedure for its application to projects of the principal repeated procurement procedure through the procurement monitoring Bureau platform and 10 or 5% of approved eligible costs after purchase documentation evaluation depending on the significance of the discrepancy 3.4. Unduly limited procurement technical specification and narrowed the range of tenders, technical specifications or tender regulation contains the criteria that enables to apply only to a specific or limited set of producers, or purchasing, evaluating the specified criteria are no longer taken into account, thus making it possible to win the offeror who does not meet the relevant criteria. Definitely too specific technical standards, thus not providing equal access (option) or public tenders procurement created undue obstacles to open procurement procedures. Support candidate has created conditions to limit the range of suppliers • 25% of approved eligible costs upon purchasing documentation evaluation when irregularities can affect producers and restricts competition • 10 or 5% of the eligible costs approved by the procurement documentation evaluation depending on the materiality of the non-compliance of the procurement procedure • using the procurement monitoring Bureau platform 3.5. During the execution of the contract is not fulfilled the selection criteria during project implementation found that non-compliance with the criteria for the selection of the supplier, such as the limited lead time • 25%, if the irregularity can affect the range of suppliers and restrict competition • 10 or 5% depending on the significance of the discrepancy of 3.6. Amended contractual relations conditions by changing the initial technical specifications during the implementation of the draft amended, changing the conditions that might affect the potential supplier and bid price for 25%, if the irregularity can affect the range of suppliers and restrict competition • 10 or 5% depending on the significance of the discrepancy 3.7. Purchase procedure the selected vendor (service provider) the subcontractor is the applicant or the person associated with it. Found a conflict of interest in the decision adopted purchase the results during the implementation of the project found that a service provider in the performance of a contract concluded as a subcontractor of the tenderer provide support or a related person. One of the members of the Commission and experts (if one is attached) represents the interests of the applicant is related to the applicant, the finding of a conflict of interest in the case has not been complied with the procedure laid down by the 100% 4. Found incidence of project costs project costs position in artificial sadārdzināšan • 100% if the incidence of more than 50% • 20-100% of the cost of the adoption of the position of the market price, if the incidence is up to 50%, depending on the materiality of the non-compliance 5. During project implementation 5.1 irregularities found. Not met the deadline for the submission of documents imposed by the laws or the administrative decision under a particular operation conditions, the conditions of these regulations or the administrative decision, the following documents were submitted after the deadline • 1 – 2 months – 0.01% • over 2 months up to 3 months – 0.05% • over 3 months-100% 5.2. Harmonisation of essential amendments to draft minor amendments which are not aligned with the Field support services shall be considered to be amended in connection with the changes that arise during project implementation between the cost positions and not exceeding 10 per cent of the total approved project estimates. Other changes that have an impact on the originally approved project activities and costs, is considered essential for the 100% of the investment in question • if there are effects on project objectives • 25% of the investment, or 10 or 5% depending on the materiality of the non-compliance of 5.3. Extension of the project after the maximum period of project implementation, the proposed investment project implementation period is extended to the maximum, and found that after the project is fully implemented in 5% of the remaining payments • request amount, if the project is completed later than six months (but not later than 12 months) specified in the decision deadline • 3% of the request for payment of the remaining amount When the project is completed in 2-4 months after the deadline specified in 5.4. The request for payment of eligible costs included in the amount of 10% of the amount approved after verifying entitlement to aid If the request for payment of eligible costs included in the amount of 10% of the amount payable to the beneficiary after verifying entitlement to aid for the payment of the expenditure referred to in the request, the administrative penalty, which consists of the difference between the two amounts, but it must not exceed the full payment of eligible costs declared in the request, the amount of the payment request wrongly included in the cost amount and the administrative penalty unduly amounts included about 6. Monitoring of the project irregularities found during the period of 6.1. Found a significant change in the investment in the use of the aid beneficiary has terminated its productive activity (such as the liquidation of the company (except in cases of insolvency), reorganisation, transfer and termination for other reasons) • 100% • Proportional financial corrections against the active period, depending on the materiality of non-compliance if the economic activity stopped for a certain period of time, but not more than six months, is extended to monitoring the project period of 6.2. Disposal of investment aid applicant has sold (disposed) project implementation results in final assets before the end of the monitoring period, • 100%, if not launched any economic activity one year after implementation of the project • 100% for the fixed assets seized in the first three years of monitoring • 40% if the assets forfeited in the fourth year of monitoring • 20% if the assets seized in the fifth and other surveillance years 6.3. It is not planned in the project performance indicators and targets for financial or physical indicators, as well as the planned performance indicators is not permissible in law on the granting of aid for a particular event to a specified reduction after project implementation (financial adjustment does not apply if the target is not based on the achievement of socio-economic or environmental factors, significant changes in national economic or environmental circumstances or force majeure, which seriously affect the implementation of the objectives) 100% of new entrepreneurs If within one year after the payment of the project has been initiated in the economic activity. Proportional calculation of penalties and recovery of funding according to time worked and the achievement indicators. The extension of the period of supervision was 6.4. Aid applicants (project) in compliance with the public good project results is not as its original purpose and the conditions for receiving the aid; support candidate is no longer a public good operator 100% public benefit projects (applicants), if the project or supervisory period profits are made that do not correspond to the original aid conditions 7. The proportion of other financial corrections relate to cases of non-compliance with, if not mentioned otherwise in compliance with this annex No descriptions, but, considering the materiality of the non-compliance is the Foundation to apply a financial correction of 5, 10 or 25% depending on the materiality of the non-compliance, "the Prime Minister Māris kučinskis Minister of agriculture John Dūklav