The Procedures For Granting State Aid In The European Union And Open The Project In The Form Of Tender Application Field And Development Of Fisheries

Original Language Title: Kārtība, kādā piešķir valsts un Eiropas Savienības atbalstu atklātu projektu iesniegumu konkursu veidā lauku un zivsaimniecības attīstībai

Read the untranslated law here: https://www.vestnesis.lv/ta/id/174710

Cabinet of Ministers Regulations No. 298 in Riga in 2008 (April 21. No 25 37) procedures for granting state aid in the European Union and open the project in the form of tender application field and development of fisheries Issued under the agricultural and rural development Act article 5, fourth paragraph i. General provisions 1 the questions determines the order in which the State and the European Union support the open project submissions in the form of the competition field and the development of fisheries measures taken under Council of 20 September 2005 Regulation (EC) No 1698/2005 on support for rural development by the European agricultural fund for rural development (EAFRD) (hereinafter referred to as Council Regulation No 1698/2005), in 2006 the Commission of 15 December to Regulation (EC) No 1974/2006 laying down detailed rules for the application of Council Regulation (EC) No 1698/2005 on support for rural development by the European agricultural fund for rural development (EAFRD) (hereinafter referred to as Commission Regulation No 1974/2006), 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 the Commission of 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). II. The logon conditions 2. project adoption application is going the rounds. Field support department after coordination with the Ministry of agriculture in the newspaper "journal" month in advance announcing the date when the project will be launched, the application layer to the concerned public funding and project implementation deadline. Project submissions are accepted one month from the receipt of the application. 3. Where the application is submitted to the decision-making within the project submissions on a smaller amount than the public funding, the remaining part of the funding to the project application, making the next round. 4. when submitting a project application, the applicant represents that: 4.1 information project submission form and other documents submitted are true;
4.2. the application for financing of this project has not received another Latvian, European Union funds or other public funds;
4.3. the part of the private financing has not received public funds financed by you and all the public funds (if any) is shown and deducted from the amount of public funding of the application;
4.4. is familiar with all the public funding received from sacījum, contained in the law on support for rural development and fisheries, and in the course of the implementation of the project will undertake to follow them;
4.5. 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;
4.6. project implementation of the measures provided for in the application will not be launched before the conclusion of the contract with the service, except for the General costs (including architects, engineers and consultation fees, legal services, the technical-economic justification, patents and licences costs, certified auditor certification preparation costs directly related to project preparation or implementation);
4.7. the project will be implemented within the time limits provided for in the application of the project;
4.8. five years after the final payment without field support service written consent will not take actions that may significantly alter the conditions of implementation of the project objectives and investments co-financed;
4.9. make project changes that have not been previously agreed in writing by the rural support service;
4.10. the procurement procedure has taken or will take in accordance with the laws and regulations on the application of the procurement procedure. If the project, technical, equipment, information technology equipment and software purchase eligible cost amount does not exceed 50 000 lats as well if the construction or reconstruction of the eligible cost for the amount does not exceed 120 000 lats, supports the applicant's application is added to the project description, free-form, indicating the manner in which a given purchase is set low price, and adding information about the entrepreneurs surveyed, advertising booklets and other information indicating that the prices of impartiality;
4.11. There are no circumstances that indicated at the time of the procurement procedure to support the applicant's personal interest or a conflict of interest;
4.12. the applicants and the participants of the procurement process are not related persons, the law "About taxes and duties". If a member of the procurement process and support the applicant is a natural person, then they are considered related parties, if one of the Sisterhood (in respect of such relatives, father, mother, grandmother, grandfather, child, grandchild, brother, sister, half-brother or half-sister) or adoption relations (in relation to the adopted and adoptive) or marriage;
4.13. has not been declared insolvent, is wound up, 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;
4.14. the judgment in force, with which the applicant is found guilty of fraud, bribery, commercial bribery, have recognized that support the applicant involved in criminal organizations, as well as not 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;
4.15. no professional misconduct and is not a valid judgment, which supports the applicant been convicted of offences in connection with their professional activities;
4.16. completed all obligations relating to the payment of taxes and has no tax arrears;
4.17 fulfilled obligations relating to the State social insurance contributions and has no State social security payment debt;
4.18. previously, unlocking funding for the European Union, has broken the gum, which Lee led to a decision on the aid from the beneficiary of the arc;
4.19 is not trying to get in the way of their unlawful actions restricted access (confidential) information or act with criminal or administrative actions to influence the Evaluation Commission or field support services project submission contest evaluation;
4.20. the tenderer will have sufficient financial resources to the project application, the measures envisaged in the completion within the planned;
4.21. during implementation of the project will ensure the project publicity measures in accordance with the European Union and the Republic of Latvia regulatory requirements;
4.22. during implementation of the project will comply with the European Union and the Republic of Latvia legislation on environmental impact; 4.23 requested for the implementation of the project of European Union funds will be used in accordance with the project application;
4.24 undertakes project implementation does not allow discrimination on the basis of gender, age, race, ethnic origin, religion, disability and other factors. 5. Preparing the application, the project supports the applicant: 5.1 the project submission's financial data do arithmetic calculations correctly and in accordance with the accounting principles;
5.2 demonstrates that he has sufficient financial resources to the project application for the enforcement of the measures provided for in the planned deadlines;
5.3. application of the project included in the eligible costs are determined in accordance with the laws and regulations on the granting of aid for a particular event and the market situation;
5.4. in the application of the project shows that the projected costs of the project comply with the expected results;
5.5. the project intended to supply, service or works procurement is carried out in accordance with the laws and regulations in the procurement procedure;
5.6. project readiness demonstrated by the implementation;
5.7. ensure that the proposed project activity is not included in another project funding from other Union funds or State aid programs. III. submission of the project evaluation and selection of projects received 6 submissions field support service evaluated in the following order: 6.1. compliance with the administrative evaluation criteria;
6.2. the ranking according to points in accordance with the project selection criteria. If the available public funds in a given round is sufficient, then the project submissions do not grant selection criteria points and projects do not line up (except for the action programmes of the European Fisheries Fund for the implementation of aid in Latvia 2007-2013 measures "investments in aquaculture enterprises" and "fishing and aquaculture products");
6.3. compliance with the conditions for receiving public funding in accordance with the laws and regulations on support for rural development and fisheries. 7. Administrative criteria for assessment are the following:

7.1. the project application is filed within the time limit (where the application is filed in electronic form, a document of its time is the time that it is sent by electronic mail or using the authorities held a special online form). 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;
7.2. the project application is fully completed and drawn up according to the project application form laid down in the regulations on the granting of aid for a particular event, and submit all the required accompanying documents;
7.3. the project application is drawn up into the national language;
7.4. design application has connected to the identical project electronic version of the application (except for project application, submitted in accordance with the legal requirements of electronic documents);
7.5. 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);
7.6. the project is not specified in the application for correction or addition;
7.7. 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);
7.8. the estimate for the project is calculated in dollars;
7.9. the project funding has been designed according to the conditions of the measure;
7.10. the cost estimates for the project application has been done the arithmetic correctly;
7.11. application of the project eligible costs and eligible costs necessary for the attainment of the objectives of the project;
7.12. the project submission requested public funds does not exceed the maximum amount of public funding;
7.13. the implementation of the project shall not exceed the applicable round opened the end of project implementation;
7.14. the project application is signed by the responsible person with signature rights. 8. 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 to adopt this rule 8.3. referred to in that decision. 9. 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. After the project submission ranking field support service to continue to assess project applications, whose implementation in the framework of the relevant round of public funding is sufficient. These project submissions, of which the number of points is not sufficient public funding for the acquisition of a given round, are rejected. 10. 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. Support, the applicant shall submit interpretation within 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. 11. If the application does not meet the conditions for receiving public funding, project submissions rejected. Released under the public funding valued other project submission (from not released to evaluate project submissions), which won the largest number of points. 12. If it is established that the aid is artificially created conditions, to avoid what the conditions for receiving the aid, the execution of the project, the application shall be rejected. IV. 13. Adoption of the decision after the project submission evaluation Field services accept: 13.1. a decision on the conformity of the application of the draft administrative evaluation criteria and the conditions for receiving public funding and project approval submissions;
13.2. the decision on the application of the project approval and the reduction in the amount of public funding, eligible costs eligible costs are not included;
13.3. the decision on rejection of the application for the project, after the eligible costs eligible costs not included in off there is a risk that the applicant will not support projects implemented or will not achieve the project objectives in the application;
13.4. the decision on the application of the non-compliance of the project administration and project assessment criteria application rejecting;
13.5. the decision on rejection of the application of the project due to lack of funding after the ranking according to the project selection criteria;
13.6. the decision on the application of the non-compliance of the draft public finance conditions and receipt of you project the rejection of the application. 14. a decision on project approval or rejection of the application of the field support service will be taken not later than five months after the conclusion of the round in which the project application was submitted. A decision on the project approving or rejecting the application submitted by the Latvian rural development programme 2007-2013 the European Commission for approval, the rural support service after the approval of the European Commission. 15. 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, but does not exceed 12 months. During the project the public funding for the project concerned the reserve. If the application is rejected, the reserved public funding to the next application round project. 16. The rules referred to in paragraph 13 of the rural support service decision arguably rural support service in accordance with the procedure prescribed by law. V. decision and contract 17. Following the adoption of the decision of the Field support service within 10 working days, inform in writing the applicant supports. 18. 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 without justification, within 10 working days after the invitation is not a contract, the application shall be deemed withdrawn. 19. the applicant and the field support service may amend or terminate the contract by written agreement. The amendments to the contract are tolerated, if not their results: 19.1. purpose of the change;
19.2. changes in activities provided for in the Treaty does not affect the more than 30% of the eligible costs of the contract totals. 20. Breaking the signed agreement commitment period, the rural support service requests so far received public financing to repay the amount in accordance with the statutory arrangements on the national and European Union support for agriculture, rural development and fisheries. Repay public co-financing is available in the following project submission acceptance. Vi. conditions for the implementation of the project 21. If the project duration shall not exceed six months and complete implementation of the project, the beneficiary within five working days after the contractual deadline for implementation of the project field support service shall submit the following documents: 21.1. new equipment, technique, equipment, information technology and Pro grammnodrošinājum purchase: 21.1.1. Overview of the implementation of the project under the rural support service and the beneficiary of the contract submission of draft annex on implementation of the measures planned for the period , any deviations from the planned project in the application and the action taken;
21.1.2. a food and veterinary service of the statement of the project's compliance with the hygiene requirements or hygiene and animal welfare (if the claim relates to the beneficiary), the new processing plant – to create a food and veterinary service food company issued a copy of the certificate of recognition (the original show);
21.1.3. any type of mobile equipment and for the acquisition of vehicles, in accordance with legislative requirements, it is necessary to register a public joint stock company "Road Safety Directorate" national technical supervision agency or a public joint stock company "Latvian maritime administration", submit a copy of the registration certificate (the original show), General machinery and equipment, the manufacturer or his authorised representative shall issue a copy of the Declaration of conformity, which comply with applicable laws and regulations;
21.1.4. a request for payment under the contract;
21.1.5. project implementation and business supporting payment documentation file copy (the original show);
21.1.6. with service providers, copies of contracts (the original show);
21.1.7. a transfer and a copy of the Act of adoption (presented in the original);
21.2. for construction or reconstruction: 21.2.1.21.1. these provisions referred to in the document;
21.2.2. accept the construction of the technical design stage, or a copy of it (the original show) and a copy of the building permit (original show) (if not submitted with the application for the project);

21.2.3. procurement documents in accordance with the laws and regulations on the application of the procurement procedure pursuant to this rule 4.10. the requirements set out in point (if not submitted with the application for the project);
21.2.4. a copy of the Act (the original show) on the acceptance into service of the construction. 22. If the project lasts more than six months: 22.1. new equipment, technique, equipment, information technology and software purchase: 22.1.1. within five working days after the contractual part or full project implementation deadline the beneficiary rural support service of those provisions 21.1. referred to in documents;
22.1.2. regularly every six months the implementation of the project within five working days of the beneficiary in the rural support service shall submit to the review of the implementation of the measures to be taken in the project execution period in accordance with the annex to the contract, specifying the steps completed overdue measures, the reasons for the delay, as well as the planned actions and deadlines for the consequences of delay (not applicable if the project is to be implemented in part);
22.2. the construction or reconstruction: 22.2.1. not later than six months after the conclusion of the contract with the service recipient field support service (if the project is to be implemented in parts – five working days after the implementation of the first part, but not later than six months after the conclusion of the contract with the rural support service) and those provisions 21.2.2.21.2.3. documents referred to. Drainage system construction, reconstruction or renovation of these regulations and section 21.2.2.21.2.3. documents referred to be submitted not later than one year after the conclusion of the contract;
22.2.2. the contract part or full project implementation within five working days of the beneficiary of the field support service in those provisions 21.1. referred to in documents;
22.2.3. regularly every six months the implementation of the project within five working days of the beneficiary of the field support service in those provisions of 22.1.2. implementation of the project referred to in the report;
22.2.4. after full implementation of the project within five working days after the end of the contractual period of implementing the beneficiary rural support service of those provisions 21.2.4. referred to. 23. the documents submitted, the beneficiary collects the summary. The summary shall indicate the document title and page number. 24. If necessary, the rural support service requires you to clear the filed documents. 25. If the beneficiary is not filed within the time limits this provision 21, 22 or 23. documents listed or referred to in paragraph 24, the explanation of the field support service sends the message, recalling that the documents to be submitted 10 working days from the date of receipt of the notification. If the recipient of the notification within the time specified in the documents are not submitted, the rural support service to examine the question of the obligations of the beneficiary. 26. the project monitoring during the five years after the last payment is made, recipient may not be the project of public funding means the assets obtained: 26.1. Dispose or lent;
26.2. the rent or lease, unless this is the intended measures and activities to be supported within the framework of the project. VII. Public financing request 27. Public funding granted for the contract contained in the eligible costs. If the eligible costs constitute only part of the total cost of the project, the beneficiary shall ensure the implementation of a project on their own funds provided for in the application of the project activities and objectives. 28. national or local authorities, public or municipal enterprises project eligible costs can include the project on purchased goods and services the value added tax paid if project in acquire goods and services in the country will be used for the provision of executive function. 29. following the implementation of the projects or part of the beneficiary shall provide support services in the Field of payment request in accordance with the provisions of the annex. The demand for payment is made by the beneficiary of the reimbursement request. 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 costs submitted supporting documents. 30. Public funding during the project beneficiaries will receive no more than three parts. Intermediate payments shall be made after completion of an individual project phase, if the project is successfully implemented and its implementation is an audited value (physically measurable result of the action taken, based on the books). The final payment shall be made only after all the activities provided for in the contract. 31. the rural support service within 60 working days (if clarification or additional information, the review period is extended for the period of time when there is a clarification or additional information) examine the submitted payment request. Where: 31.1. includes expenditure complies with the requirements of the laws governing the financing of European Union funds for training, Field Support Services confirms the amount of expenditure prepared payment order for reimbursement of expenditure actually incurred according to the contract concluded for the financing of the European Union and the State budget funding ratio, and submit them to the Treasury;
31.2. the part of the payment of the expenses included in the request does not meet the requirements of the legislation governing the funds of the European Union's training, Field support services for an eligible costs reduced pay the approved eligible expenditure;
31.3. includes expenditure does not meet the requirements of the legislation governing the funds of the European Union's training, Field support services not corresponding to the amount of expenditure does not endorse and shall inform the beneficiaries. 32. 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. VIII. Closing question 33. Be declared unenforceable in the Cabinet of 8 May 2007 Regulation No 314 "procedures for granting national and EU support for rural development project of the open submission contest" (Latvian journal, 2007, 89 no). Prime Minister i. Godmanis Minister of Agriculture m. Roze attachment Cabinet 21 April 2008. Regulations No 298 of Agriculture Minister m. rose