National And Eu Aid Modalities For The Fisheries Development Measure "complete Cessation Of Fishing Activities '

Original Language Title: Valsts un Eiropas Savienības atbalsta piešķiršanas kārtība zivsaimniecības attīstībai pasākumam "Zvejas aktivitāšu pilnīga pārtraukšana"

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now

Read the untranslated law here: https://www.vestnesis.lv/ta/id/175593

Cabinet of Ministers Regulations No. 323 in Riga may 6 2008 (pr. 17. § 29) national and European aid arrangements in the fisheries development measure "complete cessation of fishing activities" Issued under the agricultural and rural development Act article 5, fourth paragraph i. General questions 1. determines the order in which the State and the European Union support for the development of the draft fisheries open submission contest way measure "full suspension of fishing activities" (hereinafter measure) that is implemented according to the Council of 27 July 2006, Regulation (EC) no 1198/2006 on the European Fisheries Fund (hereinafter referred to as the Council Regulation No 1198/2006) and Commission 26 March 2007 Regulation (EC) No 498/2007 laying down detailed rules for the implementation of Council Regulation (EC) no 1198/2006 on the European Fisheries Fund (hereinafter referred to as Commission Regulation (EC) No 498/2007).
2. objective of the measure is a Latvian fishing fleet capacity balancing with available fish resources, the fishing vessels Division (including the scrapping) or put (gift or selling) for use for other purposes that are not related to fisheries.
3. the place of the implementation of the action is the territory of Latvia.
4. Fishing day this provision within the meaning of paragraph 9.4 below are all the nights, in which a fishing vessel in the sea and fished. Fishing vessel out of the sea and the port of entry na lists for one day of fishing. Records of fishing days do not include the days at sea where the fishing vessel: 4.1 any reason had been forced to stop fishing (fishing vessel exiting gate mechanisms, gear damage or loss, adverse ice or meteorological conditions), and there is a entry in the logbook;
4.2. fishing shall take appropriate action or State Agency "Latvian fish resource agency" study, and this fishing occurs within the quota of Latvia, but outside the fisherman catch limit allocated in accordance with the agreement concluded with the national agency "Latvian fish resource agency".
5. the meaning of these rules eligible costs is the amount of aid calculated after this provision in paragraph 22 above, while not eligible costs are those referred to in paragraph 24 of the rules of the sales value.
II. Public funding conditions 6. Support applicants are owners of fishing vessels that have national zivsa the vanity of the Administration issued a special permit (license) for the purpose of commercial fishing and whose vessels fish in the Baltic Sea (including the Gulf of Riga) the coast or coastal waters and are included in the national fisheries administrations in the list of fishing vessels.
7. the measure is supported by such a splitting of fishing vessels (including slicing scrapping) or transfer (donation or sales) for use for other purposes that are not related to fisheries: 7.1. fishing vessels fishing in the Baltic Sea (including the Gulf of Riga) beyond the coastal waters, which have a length of at least 12 metres in length and having an engine power equal to 75 kilowatts;
7.2. the fishing vessel fishing in the Baltic Sea (including the Gulf of Riga) and having an engine power of less than 75 kilowatts.
8. fishing vessels can be broken (including cut scrapping) or put (sell or bestow) for use for other purposes that are not related to the fishery, the territory of Latvia. If the Board sells or donates to other purposes which are not related to fisheries, it is excluded from the national fisheries administrations of the list of fishing vessels and the vessels register of Latvia as a fishing vessel. Fishing vessels for use for other purposes may not be put (sell or bestow) natural persons and associated persons (according to the law "About taxes and duties").
9. when claiming the aid referred to in point 7.1 of these regulations, comply with the following conditions: 9.1. fishing vessel is registered in Latvian register of the vessel for at least 24 months before the application for the project of the same name;
9.2. the fishing vessel is included in the national fisheries administrations in the list of the fishing vessel for at least 24 months before the application of the project, not including the year in which the project application submitted;
9.3. conclusion of commercial fishing rights lease agreement with the lessor of fishing rights, which the fishing vessels used in fishing, and this landlord's national fisheries administration issued a special permit (license) commercial fishing;
9.4. the fishing vessel in each of the previous two calendar years prior to the application of the project has been to sea and fished: 9.4.1. at least 75 fishing days;
9.4.2. or at least 80% of the prescribed limit of fishing days, if the fishing vessel is a set limit on the number of fishing days;
9.4.3. or less than 75 fishing days or less than 80% of the required limit of fishing days if they all fished down the owner of the fishing vessel catch limit and granted if the owner of the fishing vessel of the two preceding full calendar years prior to the application of the project is the only one owned by a fishing vessel and fishing during this time has hired another fishing vessel;
9.5. the fishing vessel before the application of the project are at least 23 years old (according to the construction of the vessel);
9.6. the aid for each fishing vessel owner provides just about any fishing vessel not exceeding these rules referred to in annex 1, the number of fishing vessels;
9.7. the owner of the fishing vessel, which is in the possession of several fishing vessels should not be to replace the withdrawn vessels from fishing for which funding, with other vessels (including leased vessels), excluding fishing vessels included in the national fisheries administrations in the list of fishing vessels;
9.8. the owner of the fishing vessel, which was owned before the application of the project is the only one fishing vessel, after the application of the project may not replace it with another fishing vessel or continue to fish with fishing vessels rented.
10. to Qualify for assistance under this rule 7.2 shall comply with the following conditions: 10.1. fishing vessel is equipped with a stationary engine and registered in Latvian register of the vessel for at least 24 months before the application for the project of the same name;
10.2. the fishing vessel is included in the national fisheries administrations in the list of the fishing vessel for at least 24 months before the application of the project, not including the year in which the project application submitted;

10.3. contracted commercial fishing rights lease agreement with the lessor of fishing rights, with fishing vessels have fished at least 24 months prior to the application of the project and national fisheries management is provided with a special permit (license) commercial fishing;
10.4. the fishing vessel before the application of the project are at least 13 years old (according to the construction of the vessel);
10.5. the aid for each fishing vessel owner provides no more than two fishing vessels not exceeding the rules referred to in annex 1, the number of fishing vessels. 25. these provisions of each paragraph in one framework supports the applicant can put any fishing vessel;
10.6. the owner of the fishing vessel, which is in the possession of several fishing vessels should not be to replace the withdrawn vessels from fishing for which funding, with other vessels (including leased vessels), excluding fishing vessels included in the national fisheries administrations in the list of fishing vessels;
10.7. the owner of the fishing vessel, which was owned before the application of the project is the only one fishing vessel, after the application of the project may not replace it with another fishing vessel or continue to fish with fishing vessels rented.
11. If an applicant who qualifies for this rule 7.2. aid in point puts the last of his fishing vessel owned by the national fisheries authority local authority concerned reduces gear limit for that part of the project before the application was granted fishing rights to the tenant who had fished with the transferred vessels.
12. Hold the fishing vessel fishing licence is cancelled and additional mandates (Special fishing permit), if one is issued.
13. in order to apply for this rule 7.1. aid referred to support the applicant Field support regional agricultural administration personally (except in the case where the application is submitted in accordance with electronic documents law) submitted by: 13.1. project application in two copies (also electronically). For each marketable fishing vessels shall submit a separate application for the project;
13.2. The State revenue service certificate of tax payment, which is issued not earlier than one month before the ta project to the application, and the information on the average number of employees, as well as the average State social insurance compulsory contribution for the last year before the project entered into the application. If the applicant does not submit this certificate, the rural support service inquiries received during the administrative procedure and in accordance with the procedure prescribed by law;
13.3. the register of fishing vessel of the issued property a copy of the certificate;
13.4. public joint stock company "Latvian maritime administration maritime safety inspection certificate issued by the maritime abilities (with attachment);
13.5. National Environment services marine and inland waters Administration issued fishing permits (license) copy of sea fishing;
13.6. a copy of the contract on the transfer of fishing vessels (donation or sale horse) if the fishing vessel is transferred (donates or sells) for use for other purposes that are not related to fisheries;
12.7. a copy of the contract with the operator, which is a category B licence polluting waste management activities (according to the regulations on the procedure of piesakām (A), (B) and (C) polluting activities of category) that will take the Division of fishing vessels (including slicing scrapping) if the fishing vessel will be transferred to divisions (including slicing for scrapping).
14. in order to apply for this rule 7.2. aid referred to support the applicant Field support regional agricultural administration personally (except in the case where the application is submitted in accordance with electronic documents law) submitted by: 14.1. project application in two copies (also electronically). For each fishing vessel shall submit a separate application for the project;
14.2. The State revenue service for the tax that the ta issued not earlier than one month prior to the application project, and a statement of the average number of employees, as well as the average State social insurance compulsory contribution for the last year before the project entered into the application. If the applicant does not submit this certificate, the rural support service inquiries received during the administrative procedure and in accordance with the procedure prescribed by law;
14.3. the register of fishing vessel issued a copy of the certificate of registration;
14.4. National Environment services marine and inland waters Administration issued fishing permits (license) a copy of the coastal fisheries;
14.5. a copy of the contract on the transfer of fishing vessels (donation or sale) if the fishing vessel is transferred (donates or sells) for use for other purposes that are not related to fisheries;
14.6. a copy of the contract with the operator, which is a category B licence polluting waste management activities (according to the regulations on the procedure of piesakām (A), (B) and (C) polluting activities of category) that will take the Division of fishing vessels (including slicing scrapping) if the fishing vessel will be transferred to divisions (including slicing for scrapping).
15. National Environment services by rural support service request provides information about these rules and the bottom point 13.7 14.6. This permit.
16. national fisheries authority by rural support service to provide information to the claim referred to in this provision 9.2, 9.3, 9.4, 9.7, 9.8, 10.2., 10.3, 10.6 and 10.7.., as well as information on whether the fishing vessel during the year preceding the application for the project has been in the national fisheries administration issued additional authorisation (special authorization), which permits fishing for cod in the Baltic Sea and the Gulf of Riga beyond coastal waters.
17. the national joint stock company "Latvian maritime administration of Latvia register of vessels after the rural support service request, provide the information referred to in paragraph 9.1 of these regulations, as well as information on whether the vessel is stationary engine according to point 10.1. these provisions.
18. Public funds are paid out only after the implementation of the project. Beneficiary within five working days after the contractual deadline for implementation of the project shall submit the following documents: 18.1. report in accordance with the conclusion of the agreement on the implementation of the project after each stage;
18.2. the payment request in accordance with the provisions of annex 2;
18.3. the transaction and payment, copies of the supporting documents for the presentation of the originals, if the fishing vessel is transferred (sold) to use for other purposes that are not related to fisheries;

18.4. a copy of the formal presentation of the originals, if fishing vessels pass (donates) for use for other purposes that are not related to fisheries;
18.5. the approval of the national environment service marine and inland waters administration that a fishing permit (license) has been withdrawn and the new is not issued. If the applicant does not submit that approval, the rural support service receives the approval of the administrative procedure and in accordance with the procedure prescribed by law;
18.6. the register of fishing vessel issued off a copy of the certificate;
11.6. National fisheries administrations or local authorities concerned and the recipient a copy of the agreement on commercial fishing rights lease termination (if the beneficiary has passed your last fishing vessels);
12.8. the transfer and copies of receipts in one piece.
19. This rule 13.3, 13.4, 13.5, 13.6, 14.3, 14.4, 14.5, 14.6..,.,., and 18.7 18.6 12.8. bottom paragraph certifying copies of documents supporting the applicant.
20. If the project submissions requested public funds exceed this provision concerned paragraph 25 round for available public funding or the number of fishing vessels exceeding these rules laid down in annex 1 the number of the field support service project submissions are ranked according to the following criteria for the selection of projects (annex 3): 20.1. do the fishing vessel has been assigned additional mandates (special authorization) for fishing for cod in the Baltic Sea and the Gulf of Riga in the preceding calendar year;
20.2. the owner of the fishing vessel or property is only one fishing vessel;
20.3. the fishing vessel's age (in years): 20.3.1. the fishing vessel fishing in the Baltic Sea (including the Gulf of Riga) beyond the coastal waters, with a length of at least 12 metres in length and engine power is at least 75 kilowatts;
20.3.2. the fishing vessel fishing in the Baltic Sea (including the Gulf of Riga) and where the engine power of less than 75 kW;
20.4. how long fishing vessel is registered to the same owner name in the register of Latvia and the Ministry of agriculture in national fisheries management in the list of fishing vessels (years).
21. If the resulting project selection criteria are equal, priority in obtaining public funding is supporting the applicant who made the greater State social security payments per worker last year concluded the project before the application.
III. Public funding of the type and magnitude 22. the amount of public funding (part of the European Union – 75% and the share of the national budget – 25%) is determined depending on the gross tonnage of fishing vessels (annex 4 to these rules), which is passed to the split (including slicing for scrapping) or released (donated or sold) for use for other purposes that are not related to fisheries.
23. the amount of public funding reduced: 23.1.  23 to 29 years old fishing vessels – 1.5% per year over 15 years;
23.2. the fishing vessels older than 29 years – 22.5%.
24. the amount of public funding (if the vessel meets the conditions of paragraph 23 of the rules, the reduction shall be limited to the amount of public funding after the application of paragraph 23): 24.1. If a fishing vessel is released (free) non-profit purposes that are not related to the fishery,-10%;
24.2. If a fishing vessel is released (free) trade, which is not related to the fishery,-30%;
24.3. when a vessel is to be transferred (sold) to use non-profit purposes that are not related to the fishery, and about 10% of the sales value.
15.2. If a fishing vessel is to be transferred (sold) profit, which is not related to the fishery, and about 30% of the sales value.
IV. Application procedures application 25. Project adoption takes place in rounds. Field support department after coordination with the Ministry of agriculture in the newspaper "journal" month in advance announcing the date when a project application will be launched, the relevant round the amount of public funding and project implementation deadline.
26. If the project application making the rounds are not fully learned the public funds available, the remaining part of the public financing moves to the next round.
27. when submitting a project application, the applicant represents that: 27.1. information project submission form and other documents submitted are true;
27.2. the financing of this project has not received the application of the Republic of Latvia or another European Union funds or other public funds;
27.3. the funding of all public funds (if any) is shown and deducted from the project application, the amount of public funding;
27.4. is familiar with all the public funding received from sacījum, contained in the law on support for the development of fisheries, and in the course of the implementation of the project will undertake to follow them;
27.5. Save and display field support service officials all project and its implementation and monitoring of the related documentation and information by 2020. December 31, as well as provide an opportunity for rural support service, the European Union and other representatives of the authorized institution to take control before the submission of the project approval, project implementation and during the five years following the last payment;
17.1. the activities provided for in the application of the project implementation will not be launched before the conclusion of the contract with the rural support service;
17.2. the project will be implemented within the time limits provided for in the application of the project;
17.3. five years after the final payment without field support service written consent will not take action that can significantly change the conditions for implementation of the project and objectives;
17.3. the project will be made changes that have not previously agreed in writing by the rural support service;
27.10. maksātn is not declared, is not in the process of liquidation, the economic activity is not paused or stopped or not started proceedings for winding up, bankruptcy, insolvency or if the applicant is the subject of insolvency law;
27.11. not valid judgment, with which the applicant is found guilty of fraud, bribery, commercial bribery, recognized that the support will go to the applicant told criminal organizations, as well as found guilty in other illegal activities, which result in the affected or of the Republic of Latvia to the European Union's financial interests, and a criminal record is not deleted or removed;

27.12. no professional misconduct and is not a valid judgment, which supports the applicant been convicted of offences in connection with their professional activities;
27.13. completed all obligations relating to the payment of taxes and has no tax arrears;
27.14. fulfilled obligations relating to the State social insurance contributions and has no State social security payment debt;
27.15. previously, unlocking funding for the European Union, has not violated the conditions of the contract, a decision on the applicant's exclusion from the aid beneficiary of the arc;
27.16. no unlawful conduct in trying to acquire on-restricted access (confidential) information or act with criminal or administrative actions to influence the Evaluation Commission or field support services project submission of tender evaluation.
28. In preparing the application, the project supports the applicant shall ensure that the proposed project activity is not included in another project funding from other Union funds or State aid programs.
V. Project application evaluation and selection of projects received 29 submissions field support service evaluated in the following order: 29.1. compliance with the administrative evaluation criteria;
29.2. compliance with public funding conditions in accordance with the provisions of chapter II;
29.3. ranking according to points in accordance with the project selection criteria. If the available public funds in that round are sufficient and appropriate basis in project submissions, the number of fishing vessels not exceeding the provision laid down in annex 1 to the number of fishing vessels, project ranking is required.
30. Administrative criteria for assessment are the following: 30.1. the project application has been submitted to this rule 25 within the time limit set in point (where the application is filed in electronic form, a document of its time is the time when it is sent by electronic mail). In the event of a dispute, the applicant can demonstrate that the project submission is sent to the project submission deadline. If its claims that the project application is received, it justifies this claim;
30.2. the project application is fully completed and drawn up in accordance with annex 5 of these regulations, and submitted all the required accompanying documents;
30.3. the project application is drawn up into the national language;
18.9. the project application is added to the project application, identical electronic version (except for the project application, submitted in accordance with the legal requirements of electronic documents);
5. the original of the application for the project is cauršūt (caurauklot) (except for the project application, submitted in accordance with the legal requirements of electronic documents);
19.0 submission does not have Project companion fixes or additions;
19.1. filed the requested number of copies of the application for the project (except the project application, submitted in accordance with the legal requirements of electronic documents);
19.1. the estimate for the project is calculated in dollars;
19.2. the project funding has been designed according to these regulations 20, 21 and 24. the conditions referred to in points;
30.10. submission of project cost calculation is done the arithmetic correctly and in accordance with the accounting principles;
30.11. project application requested public funds does not exceed the maximum amount of public funding;
30.12. project implementation shall not exceed the applicable round opened the end of project implementation;
30.13. project application is signed by the responsible person with signature rights.
31. If the application does not meet the assessment criteria in the administrative Field Services once a written request for additional information or clarification of the application of the project. The information requested support, the applicant shall submit 10 working days from the date of receipt of the notification. If the information requested is not supplied, the rural support service project application rejected.
32. List of project submissions according to the criteria for the selection of projects, with priority given to public funding of project applications with a higher number of points awarded.
33. If, following the assessment of the conformity of the project to the public funding of the project, the information contained in the application is not complete, the rural support service requests in writing to support the applicant for additional information. Information support, the applicant shall submit 10 working days after receipt of the notification. If the information requested is not supplied, the rural support service project application rejected.
34. Where the application does not meet the conditions for receiving public funding, the rural support service project application rejected.
Vi. adoption of the decision after the project submission 35. evaluation of Field support service accepts one of the following decisions: 21.8. about the project's compliance with the administrative application evaluation criteria and public funding of the project and conditions of approval of the application;
35.2. about approval of the project application and reduction in the amount of public funding, by deleting the relevant costs included in the cost of the her sister does not apply;
35.3. the application of the non-compliance of the project administration and project assessment criteria application rejecting;
the project application of 35.4. rejection due to lack of public financing after project ranking according to the project selection criteria;
22.1. the rejection of the application of the project, if it exceeds the relevant sequence of these rules laid down in annex 1 the number of fishing vessels, and project ranking according to the project selection criteria;
35.6. the project submission does not match the public financing receive NASA terms and the rejection of the application for the project.
36. a decision on project approval or rejection of the application of the field support service to adopt appropriate agricultural and rural development Act 7.1 of article 5.
37. If an application for evaluation of the project in addition to the necessary time for findings of fact, application of project evaluation and the decision deadline is extended under the agricultural and rural development Act 7.1 of article 5. Application of the project during the public funding of the project reserve. Jama If the application is rejected, the reserved public funding carried forward to the next round.

38. This provision, paragraph 35, the rural support service decision arguably rural support service in accordance with the procedure prescribed by law.
VII. notification of the decision and the contract was 39. Following the adoption of the decision of the Field support service within 10 working days, inform in writing the applicant supports.
40. the rural support service of notification of project approval of the aid application, the applicant concluded with the support of public funding for the implementation of the project. If the applicant within 10 working days after the invitation is not a contract, the application shall be deemed withdrawn.
41. the applicant and the field support service may amend or terminate the contract by written agreement. The amendments to the contract are allowed if they do not change the project objectives.
42. If the applicant does not comply with the provisions of the Treaty, the rural support service unilaterally terminated the contract.
43. Breaking the signed agreement commitment period, the rural support service requests received to date of repayment of public funds in accordance with the laws and regulations on the procedures for the administration of the country and the European Union support for the development of fisheries. Repay in part of public funding is available for the following project submission acceptance.
VIII. Public funding for 44. Public funding granted for the contract contained in the eligible costs.
45. following the implementation of the project, the beneficiary shall provide support services in the Field of payment request (annex 2). Rural support service of the beneficiary of the aid to be paid shall be the amount of public funding is determined on the basis of the estimate and contract costs these rules referred to in paragraph 18 of the document.
46. the number of requests for payment of the amount of public funding is calculated according to the rural support service and support the applicant set out in the contract concluded by the European Union and the State budget funding ratio.
47. the rural support service request for payment submitted by the look of the time-limit set in the rural support service and support in a contract concluded by the applicant. Where: 29.3. includes expenditure to meet the requirements of the legislation governing the funds of the European Union's training, Field support services approves the amount of the eligible costs, prepares a payment order for the repayment of the eligible costs under the contract concluded for the financing of the European Union and the State budget funding ratio, and submit them to the Treasury;
47.2. a part of the request for payment to the eligible costs covered by the do not meet the requirements of the legislation governing the funds of the European Union's training, Field support services for an eligible costs reduced the pay amount of approved eligible costs;
47.3. the eligible costs included therein does not meet the requirements of the legislation governing the funds of the European Union, the acquisition cost of the eligible amount does not endorse and shall inform the beneficiaries.
48. Payment by Cashless settlement form to the applicant or his authorized representative shall submit to the bank account, payment orders for the Treasury. The Treasury made remittance to the account of the beneficiary within three working days.
Prime Minister i. Godmanis Minister of Agriculture m. Roze Editorial Note: regulations shall enter into force by May 22, 2008.
 
 
1. the annex to Cabinet of Ministers of 6 May 2008 the Regulation No 323 Of fishing vessels to remove the number no PO box
The fishing fleet of fishing vessels to remove number 1 in 2008.
Fishing fleet beyond the coastal waters * 46 1.1.
Trawlers 12-24 m 16 1.2.
Trawlers > 24 19 1.3 m.
The network vessels > 24 m 11 2.
Fishing fleet shore ** notes 41.
1. With the exception of fishing vessels, fishing on the coast and also having an engine power of less than 75 kilowatts.
2. Including fishing vessels fishing beyond coastal waters and having an engine power of less than 75 kilowatts.
Minister of agriculture m. Roze annex 2 of the Cabinet of Ministers of 6 May 2008 the Regulation No 323 Minister of Agriculture m. Roze annex 3 of the Cabinet of Ministers of 6 May 2008 the Regulation No 323 project selection criteria, no PO box
Criteria group criterion point number 1.
Fishing vessels, which have been granted an additional authorisation (licence) for fishing for cod in the Baltic Sea and the Gulf of Riga in the previous calendar year, 20 2.
The fishing vessel owner's property is only one fishing ship 20 3.
Fishing vessel fishing in the Baltic Sea (including the Gulf of Riga) beyond the coastal waters, with a length of at least 12 metres in length and which engine power is at least 75 kilowatt ship's age is 23 years 0 ship is older than 23 years for each year over the 23-1 paragraph 4.
Fishing vessel fishing in the Baltic Sea (including the Gulf of Riga) and where the engine power of less than 75 kilowatt ship's age is 13 years 0 ship is older than 13 years per year over a 13-1 point 5.
The fishing vessel is registered to the same owner name in the Latvian vessel register and national fisheries management in the list of fishing vessels of five years and longer for less than five years 5 0 agricultural Minister m. rose annex 4 of the Cabinet of Ministers of 6 May 2008 the Regulation No 323 public financing volume calculation table no PO box
Categories of fishing vessels according to the gross tonnage (GT) in the amount of funding ($) 1.
Up to 10 (not including) (11 000 x 2 000 GT +) x 0.702804 2.
From 10 to 25 (not including) (x + 62 000 5 000 GT) 0.702804 x 3.
Between 25 and 100 (not including) (x + 82 000 4 200 GT) 0.702804 x 4.
From 100 to 300 (not including) (232 000 2 700 x GT +) x 0.702804 5.
From 300 to 500 (not including) (GT + 382 000 2 200 x) x 0.702804 6.
500 and over (1 200 x GT + 882 000) x 0.702804 Minister of Agriculture m. Roze Ministry of Agriculture presented versions of annex 5 of the Cabinet of Ministers of 6 May 2008 the Regulation No 323 Project submission form to the Minister of Agriculture m. rose