Rules For The Order In Which The Transactions Are Made With Milk Quotas, Quota Administration And Control Procedures, As Well As The Calculation Of The Fine And Collection Procedures

Original Language Title: Noteikumi par kārtību, kādā tiek veikti darījumi ar piena kvotām, kvotu administrēšanas un kontroles kārtību, kā arī soda naudas aprēķināšanas un iekasēšanas kārtību

Read the untranslated law here: https://www.vestnesis.lv/ta/id/173776

Cabinet of Ministers Regulations No. 238 in Riga 2008 April 1 (pr. No 21 33) rules for the order in which the transactions are made with milk quotas, quota administration and control procedures, as well as the calculation of the fine and collection of the order Issued under the agricultural and rural development Act 7 the second subparagraph of article i. General questions 1. determines: 1.1., arrangements are made to milk quotas;
1.2. milk quotas and control arrangements;
1.3. the procedure is calculated and levied fines for exceeding milk quotas;
1.4. the procedure is calculated and levied fines for term not direct sales quota year Declaration (annex 1) and the delivery quota year Declaration (annex 2).
2. national total milk quotas national reserve (national reserve) quantities of allowances under these rules are derived from transactions with the milk quotas and sanctions applied.
3. Milk, which milk producer (hereinafter producer) is used for domestic consumption and for animal feed, milk quotas is not determined.
4. the State Agency "agricultural data centre" (hereinafter referred to as the data center) administers the milk quotas, calculates interest on the excess milk quotas as well as interest on term not direct sales quota year, the Declaration and the Declaration of the supply quota year.
5. to obtain the approval of the purchaser, the purchaser (buyer) shall provide data center application for approval of the purchaser (annex 3). The application shall be accompanied by breeding national inspection (hereinafter Inspectorate) on the buyer's compliance with the Commission of 30 March 2004, Regulation (EC) no 595/2004 laying down detailed rules for applying Council Regulation (EC) no 1788/2003 establishing a levy in the milk and milk products sector (hereinafter Regulation No 595/2004), and the requirements set out in these provisions.
6. Data Center shall assess this provision in paragraph 5, and 3. the documents referred to in the annex, shall take a decision on the approval or refusal of the buyer to grant approval and the month following receipt of the document shall inform the buyer in writing of the decision taken.
7. Data Center confirms the buyer and give it a registration number. The approved list of customers data center shall submit in writing to the Ministry of Agriculture.
8. the Ministry of Agriculture approved buyers list shall be published in the newspaper "journal".
9. Data Center decisions on refusal to approve buyers, as well as decisions on the national quota reserves distribution can challenge the State agencies "agricultural data centre" in the regulations and the administrative procedure law. 
II. obligations of the manufacturer manufacturer: 10 10.1 the buyer of the contract for the supply of milk;
10.2. within five working days of submitting the data center application for renewal of a milk quota due to the quota holder's change of legal status (annex 4);
10.3. within five working days, inform the buyer in writing of a change of legal status;
10.4. contributions to the account specified in the inspection of interest on term not direct sales quota year declaration if the Declaration is lodged in accordance with Regulation No 595/2004, article 11, paragraph 2 of the said requirements;
10.5. each year, before 1 august pays fine for the previous quota year, the milk quota is exceeded, if the country's total milk quota: 10.5.1. buyer – the delivery quota;
10.5.2. Field support – direct sales quota and if you stop the action of the purchaser;
10.6. within five working days after the conclusion of the milk procurement contracts in accordance with annex 5 of these rules in writing to the data center for a buyer who will pay interest on the excess milk quota by the manufacturer, if the milk is sold to multiple buyers.
11. the manufacturer shall ensure delivery quotas and direct sales quota, for each type of filling quota: 11.1. delivery of milk quota accounting (annex 6);
11.2. direct sales of milk quota accounting (annex 7).
12. the manufacturer who has both supply and direct sales quotas and direct sales only sold milk, just fill in the delivery of milk quota tracking log, indicating the direct sales of milk sold in quantity.
13. the manufacturer who has direct sales quota data center: 13.1. quarterly statement for direct sales quotas (annex 8) – each quarter until the tenth month;
13.2. direct sales quota year Declaration, in accordance with Regulation No 595/2004, article 11, paragraph 1 and 2 above.  
III. Dealing with the milk quota 14. the manufacturer shall provide data center application on any transaction made of milk quotas under this provision the logging attachments: for 14.1. disposal of milk quotas (annex 9);
14.2. the transformation of milk quotas (annex 10);
14.3. waiver of milk quotas (annex 11);
14.4. for milk quota rental (annex 12).
15. Data Center within five working days after receipt of the application, checks the specified information, register and inform the manufacturer in writing and the purchaser. The transaction shall be deemed concluded only after the registration of the data center.
16. the manufacturer before the milk quota transfer transaction, you can submit the data center offer the sale of milk quotas (annex 13) or offer to purchase milk quotas (annex 14).
17. Manufacturer (natural person) in the event of death, the person who until the approval of the law of succession act with the herd and milk quota, shall be provided to the data center application manager status for registration.
18. The provisions referred to in paragraph 17 of the Manager to fulfil all obligations with regard to milk quotas, and he has the right to buy the quota of its temporary conversion and get the quotas from the national reserve.
19. the manufacturer who is assigned to a milk quota and who use the law on support for rural development support measures for "early retirement", the transferee of a milk quota may be transferred along with the herd of dairy cows.
20. the manufacturer can your existing dairy quota together with Flock transferable manufacturer by submitting a written application to the data centre, which indicating the reasons for the transfer of quotas with the flock. Data Center and inspection within 10 working days of the date of receipt of the application, holding checked, in assessing the application of the measures referred to in compliance with the restructuring of milk production and intensification targets, and shall decide on the registration or refusal to register the transfer of quotas with the herd, and notify the manufacturer in writing of the decision taken.
21. to ensure the replenishment of the national reserve, data center, registering a milk quota transfer transaction or transfer of quotas in accordance with the provisions of paragraph 20 of the said conditions, placed in the national reserve 1% of sales or amount of the quota.
22. disposal of milk quotas and lease transactions are performed in the current quota year from 1 April to 1 March.
23. milk quota can buy and rent the manufacturer that has the data center's animal and herd register registered herd of dairy cows or heifers over 18 months.
24. the manufacturer may sell all available milk quota, including the already used quota volume, or part of it. The portion of the quota used quotas to the buyer may use the next quota year.
25. the manufacturer can rent the unused part of the milk quotas, but not more than 30% of the milk quota allocated. Milk quota rental business is in effect until the current quota year.
26. the milk quota is the minimum amount of the lease: 26.1.  5000 kg, if you hire a delivery quota;
26.2.1000 kg, if you hire a direct sales quota.
27. For leased quota implementation of milk is responsible to the tenant in accordance with the procedure laid down in these provisions.
28. If the milk quota is leased together with land, cows or the holding of such transactions is not subject to this rule 25 and 26 above, the terms for milk quota rental restrictions.
29. The manufacturer may modify the delivery quota for direct sales direct sales quota or quota-quota supply, submitting the data center application of milk quotas in the transform (annex 10): 29.1. permanent transformation, up to 31 December;
29.2. the temporary transformation – to 15 March. Temporary modification of the current quota is valid until the end of the year.
30. If the manufacturer all direct sales quota for the delivery quota, quota application for conversion to add direct sales quarterly reviews and direct sales quota year Declaration.
31. the manufacturer may opt-out of milk quotas until the next quota year, submitting the data center application. The application specified in the milk quota quantity data center placed in the national reserve.
32. Manufacturer, who refused in full or in part of milk quotas in accordance with the provisions of paragraph 31, the milk quota from the national reserve shall not be granted. 
IV. obligations of the buyer, the buyer 33. each month until the tenth date data center electronically: 33.1. for information on the previous month's milk supply, indicating for each manufacturer: 33.1.1. ID code or registration number of the commercial register;
33.1.2. milk quota registration number;
33.1.3. herd registration number;
33.1.4. purchased milk volume (kg);

33.1.5. average purchased milk fat content (as a percentage) determined by using the rules referred to in paragraph 36 of the results of the analysis and the method of vienprocentīg milk-sold each period in the milk fat content shall be multiplied by the respective period the quantity of milk sold (kg), the results obtained for each period counts and the amount sold during the month divided by the total quantity of milk;
33.2. milk balance for the previous month: 33.2.1. total volume of purchased milk (kg) value (excluding VAT), the milk fat content (percentage) and protein content (in percent);
33.2.2. processed milk volume (kg);
33.2.3. other people selling raw milk volume (kg) indicate the person (name);
33.2.4. from other people bought the raw volume (kg);
33.2.5. imported and exported in milk volume (kg) indicate the origin and country of destination ISO code.
34. The buyer: 34.1. two working days notify the data center on the amendments the milk procurement contracts;
21.3. each year, before 1 august charged from the manufacturer of the fine for the previous quota year milk quota exceeded, if the country's total milk quota after the adjustment has been exceeded;
3. each year, in accordance with Regulation No 595/2004 article 8 paragraph 2 of the requirements contained in the transmitted data center supply quota year Declaration for each producer the quota. If the delivery quota year is presented in the form of paper documents, the buyer shall submit all documents in addition to the authority of, the information contained in the use of available electronic media;
21.4. writing to the data center for the bankruptcy or insolvency of the Declaration and to submit annual declarations to the supply quotas;
34.5.10 days notify the manufacturer in writing about this rule referred to in paragraph 5, approval at the time of the suspension, discontinuance and resumption of operation;
21.5. If the producer terminates contract with the buyer, the manufacturer shall issue a certificate of purchase quantity of milk and fats, starting from the beginning of the year, the quota and two working days notify the data center for breach of contract;
21.6. contributions to the account specified in the inspection of the fine for not submitted within the time limit set in the delivery quota year declaration if the Declaration is lodged in accordance with Regulation No 595/2004 article 8, paragraph 2 of the said requirements;
21.6. the request submitted by the inspection of milk sampling schedule according to the collection routes.
21.7. ensure inspection the Inspector access to the production facilities and other infrastructure assets, accounting and reporting documents.
35. If the buyer stopped buying milk for more than six months, this provision approval referred to in paragraph 5 shall be cancelled.
36. The milk fat content shall be fixed at least once every 15 days, but not less than twice a month, an accredited testing laboratory accreditation in the field of physico-chemical and microbiological testing (testing laboratory): 36.1. ensure the inclusion of the results of testing this rule 37.10. database referred to in subparagraph;
36.2. the inspector shall provide access to accounting documentation for milk analysis (also reports). 
V. milk quota administration 37. Data Center: 37.1. maintain milk producers register;
37.2. the register of milk delivery and direct marketing data, milk quota transaction submissions and transactions, changes to the manufacturer's and the buyer's legal status and quota allocation of the national reserve;
37.3. inform the manufacturer in writing of any change to milk producers register;
23.2. the manufacturer shall establish and maintain the milk quota sales offer and milk quota purchase offer informative database;
37.5. monitor the overall implementation of milk quotas;
23.4. once a year and adjusted shall inform the manufacturer about the volume of the quota;
37.7. each quota year the producer delivery quota and total shipping quota adjustment using the following formula: IPD = (FTP, RTP) x 0.18 x PPD that IPD – adjustable volume of milk;
FTP-actual fat percentage with which the milk is sold;
RTP – representative fat percentage;
PPD-delivered milk volume (kg);
-the coefficient 0.18;
23.5. the calculation of interest on the excess amount of the quotas and inform the Ministry of agriculture;
23.5. each month until the sixteenth day to inform the Central Administration of statistics about each buyer's purchased quantity of milk (without VAT), the milk fat content (percentage) and protein content (percentage);
37.10. create and maintain a milk sample test results of a single database (hereinafter database) and provides access to this database for inspection;
37.11. switch arrangements with the testing laboratory for the testing of the milk sample reporting results in accordance with the provisions of section 36.1.;
37.12. reported violations of the buyers inspection, if they relate to the requirements established by legislation on milk quotas.
37.13. provide the inspection for this rule 33.2. section contains the information about each buyer;
37.14. inform the buyer about the fine calculated for each manufacturer, the buyer concluded with milk purchasing contract;
37.15. recalculates the delivery quota representative fat content of the manufacturer if the milk quota as a result of this transaction, the fat content is changing. 
Vi. The national reserve 38. On milk quotas from the national reserve may apply for the manufacturer, which has a data center in animal and herd register registered herd of dairy cows or heifers over 18 months, and not the current quota year or in previous years have not been a quota assigned quota.
39. A manufacturer who satisfies the provisions referred to in paragraph 38 of the nosacīj ating log on milk quotas for allocation of the national reserve before 1 June, submitting the data center application (annex 15).
40. the manufacturer who does not comply with the provisions referred to in paragraph 38 of the nosacīj tions, but met the quota at least 95 percent, to 1 December, you can submit the data center application (annex 15) and get a quota of the national reserve.
41. In the month following that rule 39 and 40 of the period referred to in paragraph data center applications, determine the appearance of the national reserve to the amount of milk quotas and inform the manufacturer in writing of the assigned or changed the volume of the quota.
42. From the national reserve to the producer who complies with this provision, paragraph 38, of the quota allocated for each dairy cow and heifer, older than 18 months, but not more than 50 percent of the average yield of the statistical indicators in the previous calendar year.
43. the manufacturer, who submits an application for the granting of quotas from the national reserve in accordance with the provisions of paragraph 40 of the said conditions, the calculation of the quota to be allocated, on average, within one month, of the quantity of milk sold multiplied by 12 and the result obtained by subtracting from already assigned or purchased quota quantity.
44. A producer who allocated from the national reserve to the milk quota, you can take the milk quota sales, no earlier than the third year after the allocation of the quota, except in the case where the producer is finished and all the milk livestock sold milk quota.
45. If the producer requested total milk quota is higher than the national reserve, the amount to be allocated shall be reduced proportionately for all applicants. 
Vii. Sanctions 46. If the producer of the milk quota from the quota year runs less than 70 percent the next and subsequent quota years producer's quota will be reduced by the amount of all outstanding and the amount of the exempt quota placed in the national reserve.
47. If the producer the quota year generally is not sold the milk quota of all producers including the national reserve.
48. This rule 46 and 47. conditions referred to in paragraph 1 shall not apply if the manufacturer up to 15 April submitted data center application for quota, application adding: 29.9. food and veterinary service issued by the official veterinarian: the supporting documents for the organisation of the event 48.1.1. What influenced the health of farm animals or caused the death and which have decreased milk production on the holding;
48.1.2. forcibly remove animals;
48.2. the relevant authority documents issued: the death of the producer 48.2.1. (documents submitted quota Manager);
48.2.2. the inability of the manufacturer that is not less than one month;
48.2.3. for natural disasters, which it was not possible to continue milk production in the previous volume.
49. milk quota, which was credited to the national reserve in accordance with the Council of 22 October 2007 Regulation No 1234/2007 article 72 (1) of the conditions of the first subparagraph, the data center can restore the manufacturer no more than 50 percent in accordance with Regulation No 1234/2007 article 72 (1) of the conditions of the second subparagraph.
50. milk quota was restored this provision in paragraph 49 in that order, allowed to sell until the third year after the renewal of the quota, except in the case where the producer is finished and selling dairy farming all their quota. 
VIII. Milk quota control 51. Inspection control of milk quotas in accordance with the legislation on milk quotas.
52. the control of Inspection in respect of the implementation of milk quotas is subject: 52.1. the manufacturer;
52.2. the purchaser;
52.3. testing laboratory;
52.4. Data Center.
53. The manufacturer's inspection of the holding checked: 53.1. contracts for the purchase of milk;
53.2. billing documents for the sales of milk and milk products;
53.3. deliveries and direct sales of milk quota accounting journals;

53.4. quarterly reports on the implementation of the quota of direct marketing, direct sales quota year, declarations and data center applications submitted on the milk quotas for the accuracy of information provided and the submission deadline.
54. The customer enterprise inspection checks compliance with Regulation: 54.1. no 595/2004 and the requirements contained in these provisions;
54.2. contracts with manufacturers about buying milk;
54.3. accounting documents for information: bought and processed 54.3.1. milk and milk products;
54.3.2. for milk and milk products loss;
54.3.3. for milk and milk products balance control at the beginning and the end;
54.4. the collection route accounting documentation;
54.5. dairy sampling, identification, collection and testing, as well as sending them to laboratories for testing compliance with legislation requirements;
54.6. delivery quotas for the annual deadlines for the submission of the Declaration;
54.7. fines collection and refund procedures under the legislation on payments in the milk and milk products sector.
55. Data Center inspection shall verify: 55.1. direct sales quota submitted annual declarations and delivery quotas for annual declarations;
55.2. information submitted by the buyer;
55.3. milk producers register;
55.4. buyer registry;
55.5. escrow tracking;
57.5. total milk quota adjustment;
55.7. finance charge calculated in accordance with this rule 59, 60 and 63.
56. Testing laboratory inspection shall verify: 56.1. accounting and reporting;
56.2. information database about the milk sample testing results.
57. on the basis of the inspection, the inspection results, decide and deliver data center information decision about this rule referred to in paragraph 5, approval of the suspension to the buyer.
58. The buyer can require that provision referred to in paragraph 5, approval of the renewal, if it has prevented the inspection specified in legislation inspections and submit the data center: 58.1. a renewal application;
58.2. lack of prevention measures carried out in the description;
58.3. inspections for inspection copy. 
IX. Interest and penalty calculation and collection, refund of the fine adjustment by the milk quota 59. Data Center interest on term not direct sales quota year, the Declaration shall be calculated in accordance with Regulation (EC) no 595/2004, article 11, paragraph 3 of the said requirements.
60. Data Center is fine for a term of delivery quotas submitted annual declarations to be calculated in accordance with Regulation (EC) no 595/2004 article 8 paragraph 3.
61. the Centre shall prepare and provide inspection information on this provision in paragraph 59 and 60 in that order the calculated penalty.
62. the Inspectorate collects fines from the manufacturer about the term, not direct sales quotas for the annual declaration and from the buyer — not submitted within the time limit for the delivery of the annual quota statement in accordance with the data center.
63. the data center is fine for the milk quota is calculated according to the Council of 29 September 2003 Regulation No 1234/2007 article 78, paragraph 1 of the said requirements.
64. the rural support service charged the purchaser, if, after the adjustment has been exceeded national quotas of supply, or manufacturer, if direct sales quota has been exceeded, the provisions laid down in point 63 of the penalties and transfer them to the European agricultural guarantee fund in accordance with Regulation No 1234/2007 article 78, paragraph 2 of the said conditions.
65. If the buyer has ceased operation or producer provided data center information about who the buyer will pay interest on the excess milk quota of the producer, the field support service for delivery quotas being exceeded the calculated interest is charged from the manufacturer. 
X. closing questions 66. Be declared unenforceable in the Cabinet of 15 April 2004, Regulation No 315 "the order in which the transactions are made with milk quotas, these quotas and control procedures, as well as the calculation of the fine and collection of the order" (Latvian journal, 2004, 69, 780, 949. No; 2005; 2006, nr. 462.857. no).
67. Buyers who are pre-approved up to the date of entry into force of the provisions, approval is valid also after the entry into force of these regulations, unless it is cancelled or temporarily suspended under the procedures laid down in these provisions.
68. This rule 36.1.,.,., and 37.10 37.11 56.2. the requirements referred to in subparagraph shall enter into force on April 1, 2009.
Prime Minister i. Godmanis Minister of Agriculture m. Roze Editorial Note: rules shall enter into force on 12 April 2008.
   
1. the annex to Cabinet of Ministers April 1, 2008 regulations No 238 farming Minister m. rose annex 2 Cabinet-April 1, 2008 regulations No 238 farming Minister m. rose annex 3 Cabinet April 1, 2008 regulations No 238 farming Minister m. rose 4. Annex Cabinet April 1, 2008 regulations No 238 farming Minister m. rose annex 5 cabinet April 1, 2008 regulations No 238 farming Minister m. rose annex 6 Cabinet April 1, 2008 regulations No 238

Minister of agriculture m. Roze annex 7 Cabinet April 1, 2008 regulations No 238 farming Minister m. rose Annex 8 Cabinet April 1, 2008 regulations No 238 farming Minister m. rose 9 attachment Cabinet April 1, 2008 regulations No 238 farming Minister m. rose 10. attachment Cabinet April 1, 2008 regulations No 238 farming Minister m. rose 11. Annex Cabinet April 1, 2008 regulations No 238 farming Minister m. rose 12. attachment Cabinet of 2008. 1. Regulation No. 238 of April the Minister of Agriculture m. rose 13. attachment Cabinet April 1, 2008 regulations No 238 farming Minister m. rose 14. Annex Cabinet April 1, 2008 regulations No 238 farming Minister m. rose 15. attachment Cabinet April 1, 2008 regulations No 238 farming Minister m. rose