Provisions On The Requirements Of Coexistence Between Genetically Modified Crops, As Well As The Monitoring And Control Procedures

Original Language Title: Noteikumi par prasībām ģenētiski modificēto kultūraugu līdzāspastāvēšanas nodrošināšanai, kā arī uzraudzības un kontroles kārtību

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Read the untranslated law here: https://www.vestnesis.lv/ta/id/169770

Cabinet of Ministers Regulations No. 30, Riga, 15 January 2008 (pr. 3. § 39) rules on the requirements for coexistence of genetically modified crops, as well as the monitoring and control procedures have been issued in accordance with the movement of genetically modified organisms Act article 5, first paragraph, point 4 i. General questions 1. determines the requirements for genetically modified crops to ensure coexistence, as well as the monitoring and control procedures. 2. the rules relating to the European Union recognized those genetically modified crops. 3. Subject to the provisions of these rules referred to in annex 1. the genetically modified crop species, harvesting, storage, preparation, packing, transport (further-with genetically modified crops). 4. in carrying out activities with genetically modified crops, ensure genetically modified crops are not to be mixed with organic and conventionally grown crops and followed the labelling of genetically modified organisms in the presence of random threshold level. 5. Genetically modified crops growing European interest in protected natural areas (Natura 2000 sites) is allowed only if there is no threat of specially protected species and habitats, in particular the limited use of protected species habitat exists. II. requirements for Coexistence 6. Allowed to engage in activities with them genetically modified crops, which varieties are included in one of the following directories of plant varieties: 6.1. catalogue of plant varieties;
6.2. the European Union's agricultural crop in the common catalogue;
6.3. the common catalogue of varieties of vegetable species. 7. activities with genetically modified crops can make a person: 7.1 at least gained the professional agricultural specialty of primary education;
7.2. the learned these rules referred to in annex 2 of the training programme on the genetically modified crops (further-training program);
7.3. developed a course on Latvian and European Union legislation on genetically modified organisms and organic, conventional agriculture and the coexistence of genetically modified crops, if this rule 7.2. (a) according to the curriculum learned in another country;
7.4. registered genetically modified crops breeder record (hereinafter referred to as the register keeper);
7.5. in the previous two years before genetically modified crops production are not penalized for genetically modified crops-growing laws and violations. 8. in carrying out activities with genetically modified crops, the person: 8.1. observe these rules specified in annex 1. growing conditions;
8.2. the watercourse, which shall meet the following requirements: 8.2.1. around a field where genetically modified crops are grown, shall be specified in annex 1, in which the watercourse of the same species grown genetically modified crops are not;
8.2.2. the buffer strips grown in crops subject to the same requirements for genetically modified crops;
8.2.3. the watercourse in the harvest yield is not marked as genetically modified crops, if the laboratory analysis confirms that genetically modified crops are less impurities on the labelling;
8.3. be informed in writing of the 3000 m radius beekeepers about genetically modified crops, which are not ktāraug;
8.4. writing to the field next to the owners or users of genetically modified crops and add information about the genetically modified crop species as well as land a copy of the plan (with the cadastral land units), which contains the genetically modified crop field boundaries and area: 8.4.1. If the distance of the field in which to grow genetically modified crop plants, to the adjacent farm has more about this rule referred to in annex 1 of isolation distances but not more than three times;
8.4.2. within these rules referred to in annex 1. isolation distance and there is no risk of cross pollination;
8.5. combat and destroy volunteer or volunteer for genetically modified crop plants by growing them, where there is a risk of them crossed with organic or conventional crops grown, except when adjacent field owners or users are giving written consent that they have no objection against the accidental admixture of genetically modified crops;
8.6. tumors in one holding and genetically modified crops and conventional crops seed production, provides the following: 8.6.1. genetically modified crops and conventional crops seeds separation constant;
8.6.2. written notification to the national plant protection services for each type of seed harvesting at least 48 hours prior to harvesting;
8.6.3. immediately after harvest, written information State plant protection service of exact quantities obtained from each type and confirm that is appropriate to the seed removal measures;
8.7. does not use the sowing and harvesting technique, which is used in the area of organic farming. If sowing and harvesting technique is also used in conventional agricultural area, ensure thorough cleaning and after the harvest, the harvest obtained in laboratory performs analysis to determine the potential of genetically modified crops:;
8.8. harvesting, storage, transport of genetically modified crops, ensure not to be mixed with organic and conventional agriculture production;
8.9. ensure genetically modified crops seed is not to be mixed with organic and conventional crops grown for seed preparation and packing process.
8.10. sorts the field history on all agricultural production (including lease) used fields;
8.11. sort documentation on the origin of the seed used, the variety, grade, quality and quantity;
8.12. six years storing everything with genetically modified crops and products obtained documentation and records;
8.13. ensure State plant protection service, the food and veterinary service, national environmental service officer access to production premises, warehouses, land areas and the accounting documents as well as information on genetically modified crops and products;
8.14. to the extent laid down by the Court to pay the resulting economic damage if they are incurred in these provisions non-compliance with the requirements. 9. a Person who wishes to grow genetically modified crops belonging to a third party in the country, with land owners switch ground lease, which indicates that the leased land will be raised by genetically modified crops. 10. a Person who wishes to grow genetically modified crops, the national environment service regional environmental administration receives technical provisions in accordance with the statutory arrangements for regional environmental governance issue technical rules for the operation, which does not require an environmental impact assessment. III. Registration of genetically modified crops breeder record 11. a Person who wishes to grow genetically modified crops (the growers), not later than three months before the start of operations submitted to the national plant protection service of the application for inclusion in register of producers, and in subsequent years shall inform the State plant protection service of any changes resulting from this provision in paragraph 12 and 13. If the breeder is also stored, prepared and packed the genetically modified crops, it shall submit the application to the Department pursuant to this provision in paragraph 15 and 16. 12. the application shall specify the following: 12.1 the application date and place;
12.2. the applicant's first name, last name, social security number, business name, registration number and date of the business register, address, and phone number;
12.3. the breeding of genetically modified crop species, variety, area of the field, the field's location (address) and the purpose of rearing (planters submitted). 13. the application shall be accompanied by the following: 13.1. a copy of the registration certificate showing its original if the person registered in the register of companies;
13.2. agricultural education in the formal copy of the document, showing the original. Legal persons shall be submitted at least one of your employees a copy of the document concerned;
13.3. a copy of the certificate, showing its original stating this rule 7.2. bottom referred to training programmes or this rule 7.3. transactions referred to in the course of the hearing. The legal person shall be submitted at least one of your employee's copy of the licence concerned;
13.4. land ownership or rental, copies of the supporting documents showing the original: 13.4.1. a copy of the land register Act, land a copy of the plan with the cadastral land units that reported in genetically modified crops intended for the production of field boundaries and the area where the land is property;

13.4.2. the land owner concluded land lease a copy of the contract, stating that the leased land will be raised on genetically modified crops, the Land Registry Act, land a copy of a copy of the plan with the cadastral land units that reported in genetically modified crops intended for the production of field boundaries and the area where the land is leased;
13.5. written consent with the consent of the shareholders for the land for the intended use of the land, if the applicant or the ground lessor is the sole owner of the land;
13.6. a written reconciliation with adjacent rural owners or users on genetically modified crops, where there is a risk of them folded, except when adjacent field owners or users are giving written consent that they have no objection against the accidental admixture of genetically modified crops, if the distance of the field in which to grow genetically modified crops, to the adjacent farm is less than these rules referred to in annex 1 minimum isolation distance;
8.5. this rule 8.4. a copy of the letter referred to;
13.8. National Environment services of the relevant regional environmental management technical regulations issued on presentation of the original copy, which contains information about genetically modified crops (excluding maize) distance to the European importance protected natural areas (Natura 2000 sites), where genetically modified crops field less than double the minimum isolation distance of European importance protected natural areas (Natura 2000 sites). 14. A Person wishing to store, prepare, and packing up genetically modified crops before the start of operations with the genetically modified crops be submitted to the national plant protection service of the application for inclusion in register of producers, and in subsequent years shall inform the State plant protection service of any changes resulting from this provision in paragraph 15 and 16. 15. the application of these provisions indicate 12.1 and 12.2. information referred to, as well as crop species, variety, material technical base location, its membership, as well as cooperation partners in the conduct of the genetically modified crops. 16. the application of these provisions shall be added to the 13.1 and 13.3. information referred to, as well as a description of and written consent of the persons whose material technical base, storage, prepare or pack the biological production, in the same production area with GM production facilities, or if the organic and conventional producers production flow crosses the GM producers production flows except if the above person gives written consent to the fact that it has no objection against the accidental admixture of genetically modified crops. 17. If the application contains the information or are incomplete or do not meet the requirements of these provisions, the national plant protection services in seven working days after receipt of the application to make a request in writing to the applicant to supply the missing information. 18. the national plant protection service within one month of receipt of the application, examine the documents submitted and shall adopt one of the following decisions: 18.1 the parties into the keeper. In this case, the person shall be issued a certificate of registration containing the provisions referred to in annex 3;
18.2. the refusal to include a person in the register of producers. In this case the period of five working days after the decision, in writing, notify the applicant, giving the reasons for refusal if this provision has not been submitted in paragraph 17 that the missing information. 19. the national plant protection service will be deleted from the register of producers in two weeks time then: 19.1. when a person has submitted a written request for the deletion from the register keeper;
19.2. where it is established that the failure to observe the coexistence of genetically modified crops for the requirements, and the decision has been taken in the case of administrative offences. 20. the national plant protection services of the person in writing of the decision on the removal from the register of breeders within five working days following its adoption. 21. the national plant protection service two weeks after personal registration or deletion from the register keeper inserts information service home page on the internet. The information indicates a person who pursues activities with genetically modified crops, genetically modified crops of the species, breed, breeding objectives, field's location (address) and issued a registration certificate number and date. IV. Information provision 22. National plant protection service provides all these provisions in certain activities related to the establishment of a register of producers, maintenance, storage and disclosure of information. 23. at the national plant protection service request field support service provides the following, any information in its possession concerning: 23.1. genetically modified crops grower of organic or conventional declared in their crop species grown areas and fields where genetically modified crops are grown also growers of genetically modified varieties;
23.2. genetically modified crops field adjacent to the farm crop species declared areas and fields of the crop species, which it is grown genetically modified varieties. V. training programs 24 the right to carry out training on the genetically modified crops is the person who provides the curriculum learning about the genetically modified crops in accordance with the provisions of annex 2, as well as training course for Latvian and European legislation requirements for genetically modified organisms and genetically modified crops in the area of coexistence (hereinafter person). 25. If necessary, the person shall ensure that the provisions referred to in paragraph 24 of the curriculum and the training course in translation. 26. by paragraph 24 of these rules in the training program and course learning person: 26.1. certificate issued by a training programme for General and special parts. The certificate specifies the genetically modified crop species, the cultivation of which requirements are discussed in the special part of the training programme;
26.2. the certificate of training course in the hearing. The certificate shall indicate the information about Latvian and European Union legislation on the acquisition of genetically modified organisms and coexistence. Vi. Monitoring and control of compliance with these provisions 27. State supervision and control according to the competency provides: 27.1. the national plant protection service, which carries out genetically modified crops crop control, monitor and control the movement of seeds genetically modified crops;
27.2. The food and veterinary service, which carries out genetically modified products (excluding seed) the storage, preparation, packing and TRANS portēšan control;
27.3. The national environmental service, which controls the insulating distance of genetically modified crop growing areas to European interest protected natural areas (Natura 2000 sites). 28. the national plant protection service, the food and veterinary service and the national environmental service officer, monitoring of compliance with these rules, is entitled to attend GM crop growers, crop fields, warehouses, production facilities and outlets. 29. the national plant protection service, assessing risk, monitoring the site takes control of seed samples to determine genetically modified crops for the presence and quantity of impurities. 30. If the producer does not comply with that rule 8.1., 8.2., 8.3., 8.4., 8.5., 8.6, 8.7, 8.8, 8.9, 8.10, 8.11..., or 8.12. the requirements laid down in point, State plant protection service is quoted to prevent irregularities. If it is not possible to prevent irregularities or breeder they are distracted by the national plant protection service's request, she is excluded from the register of breeders. 31. If the producer does not comply with that provision in paragraph 8.7., national plant protection services shall inform the food and veterinary service of the alleged infringements. VII. final question 32. Regulations shall enter into force by 1 January 2009. Informative reference to directives of the European Union rules agreed with the European Commission and the Member States of the European Union the European Parliament and of the Council of 22 June 1998 Directive 98/34/EC laying down a procedure for the provision of information in the field of technical standards and regulations and of the European Parliament and of the Council of 20 July 1998 Directive 98/48/EC, amending Directive 98/34/EC laying down a procedure for the provision of information in the field of technical standards and regulations. Prime Minister i. Godmanis Minister of Agriculture m. Roze annex 1 Cabinet 2008 15 January Regulation No 30 genetically modified crops varieties included in catalogues of the cultivation conditions no PO box's width of the watercourse the crop species from genetically modified crops to the field of the same species of non-genetically modified crops

Minimum isolation distance from genetically modified crops to the same species in the field of non-genetically modified crops for the minimum number of years, when the same field after the genetically modified crops may be grown biological and conventional crops 1. Maize, not less than 1.8 m organic, conventional agricultural field-200 m 2 years 2. Beet not less than 2 m of organic, conventional agricultural field to European interest protected natural areas (Natura 2000 sites) as well as growing food, feed-200 m raising seed-1000 m seed production-4 years for food, animal feed, technical applications-3 years 3. Potatoes not less than 1.3 m organic, conventional agricultural field and European importance protected natural areas (Natura 2000 sites)-50 m for production of seed-4 years for food, animal feed, technical applications-3 years 4. Rape not less than 3 m organic , conventional agricultural field and European importance protected natural areas (Natura 2000 sites)-4000 m for production of seed-4 years for food, animal feed, for technical purposes-2 years Minister of Agriculture m. Roze annex 2 Cabinet 2008 15 January Regulation No. 30 the training program on genetically modified crops for i. General 1 General information on genetically modified crops: 1.1. genetically modified crops spread in Latvia and in the world;
1.2. the genetically modified crops potential impacts on the environment; production 1.3 authorized GMOs crops;
1.4. the verification of genetically modified crops for the presence of the organism;
1.5. the permissible content of genetically modified organisms and its control system.
2. Latvian and European Union regulations set requirements for genetically modified organisms and organic, conventional agriculture and the coexistence of genetically modified crops.
3. Genetically modified crops and its limitation: 3.1 for sowing seeds;
3.2. pollen, their spread by pollinating insects and wind;
3.3. with seed and vegetative propagation;
3.4. isolation distance and plant;
3.5. sowing and harvesting technique;
3.6. transport and storage.
4. provision of information, accessibility.
5. The responsibility for coexistence requirements.
6. Compensation for damage or injury caused.
II. Special Part 7. Separate genetically modified crops cultivation, harvest, storage, packaging and transport requirements: 7.1. prevalence of individual crop specific;
7.2. requirement for production;
7.3. the requirements relating to isolation distance;
7.4. the requirements for the technical services;
7.5. the harvesting, transport and storage;
4.7. packing and labelling. Minister of agriculture m. Roze annex 3 Cabinet 2008 15 January Regulation No. 30, the content of the registration certificate 1. The institution which has issued the certificate of registration.
2. the number of the registration certificate.
3. Persons carrying out activities with genetically modified crops, the name, surname, identity code (legal person – firm name, registration number and registration date), address, and phone number.
4. The genetically modified crop species.
5. date of issue of the certificate, the issuing the signature, title and license issuing authority's stamp. Minister of agriculture m. rose