The Position Of The Republic Of Latvia To The Draft Of The Treaty Establishing The European Community, Within The Framework Of The Infringement Procedure For The Preparation, Coordination And Approval Of The Agenda

Original Language Title: Latvijas Republikas nostājas projekta Eiropas Kopienas dibināšanas līguma pārkāpuma procedūras ietvaros sagatavošanas, saskaņošanas un apstiprināšanas kārtība

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Read the untranslated law here: https://www.vestnesis.lv/ta/id/137398

Cabinet of Ministers Regulations No. 405 in Riga, 16 May 2006 (pr. No 27 43) position of the Republic of Latvia to the draft of the Treaty establishing the European Community, within the framework of the infringement procedure for the preparation, coordination and approval of the arrangements made in accordance with the Cabinet of Ministers Act article 14 equipment, first paragraph, point 3 i. General questions 1. determines the order in which prepared, coordinated and approved by the Republic of Latvia (hereinafter Latvia) position of the Treaty establishing the European Community, of the 226.227. and article 228 of the infringement procedure provided for in (further-infringement procedures) the pre-trial process (further-position). 2. the position of a project designed to bring the official Latvian views and effective protection of the interests of Latvia, where the European Commission (hereinafter the Commission) has found the Treaty establishing the European Community, of the infringement (hereinafter breach) and carried out one of the following: 2.1 formal notice sent by the exact violation, giving the opportunity for Latvia to submit their comments;
2.2. after receiving the observations of Latvia provided a reasoned opinion indicating the time limit operations to prevent the infringement. 3. For the preparation of the draft of the position of the responsible Ministry or a special task Minister's secretariat (hereinafter referred to as the responsible Ministry), which, according to the Cabinet of Ministers of 11 June 2003 order No. 385 "The Ministry and the other State authorities in matters of the European Union", the regulations of the appropriate authorities and other law defined competencies-distribution is responsible for the legislation of the European Union or of the application for which the infringement procedure is proposed. 4. If it is not possible to determine one of the responsible Ministry, the ministries concerned shall determine by mutual agreement. If the agreement fails to get the Ministry of justice the question of the determination of the Ministry responsible for the circulation of document order laws regulating order shall be submitted to the Cabinet. 5. The Ministry of Justice: 5.1. coordinate the position of project preparation and submission of the Cabinet of Ministers;
5.2. twice a year, shall submit to the Cabinet of Ministers information report (report) of proposed infringement procedures. II. preparation of draft position 6. initiation of the permanent representation of the Republic of Latvia in the European Union (hereinafter referred to as the Agency) formal notice from the Commission, or the reasoned opinion of the register without delay and not later than the next working day electronically, as well as the Ministry of Justice transmits a copy to the Ministry responsible for the knowledge of the specialized Attaché. 7. The Ministry of Justice shall promptly, but not later than two working days after the Commission's formal statement or receipt of the reasoned opinion of the representative recorded it and sent to the responsible Ministry in paper form and in electronic form, indicating the time limit within which the position of the project should be prepared and submitted for consideration by the Cabinet of Ministers. 8. If the Commission adopted the two-month period in which to prepare a response to the formal notice or in the reasoned opinion, position the project preparation period is four weeks of formal notice or in the reasoned opinion the date of registration of the representative office and the submission of the draft position for consideration by the Cabinet of Ministers-the seven weeks of formal notice or in the reasoned opinion the date of registration of the representative office. 9. where the Commission has adopted a different response deadline, preparation of draft position and the deadline for the submission of the Cabinet of Ministers established the Ministry of Justice, ensuring that draft position is filed within the time limit fixed by the Commission in accordance with the movement of documents regulatory laws. 10. The Ministry of Justice controls the position of the draft and, if within the time limit set by the Ministry is not prepared or submitted for consideration by the Cabinet of Ministers draft position, responsible for the Ministry sent a reminder. 11. further to the Commission's formal statement or the reasoned opinion, the responsible Ministry immediately: 11.1. Notes, or to be taken and the measures to prevent the infringement procedure (for example, the law requires the development of the project, I want to send the notification of national implementing measures to the Commission), shall determine the period within which the measures are taken, and started taking such measures;
11.2. the authorities involved and, if necessary, establish a working group for the preparation of the position, which shall include representatives of the participating institutions, as well as, if necessary, the experts and other persons;
11.3. launched the preparation of the draft position. 12. the participating institutions are: 12.1. The Ministry of Justice-in all cases;
12.2. The Ministry of finance – if draft position questions concern the national passport or municipal budget or if this rule 11.1. the implementation of the measures referred to in point has a financial impact on the State budget or local budget;
12.3. The regional development and local government Ministry should draft position-when the issues concern the competence of the municipal or local government budget or if this rule 11.1. the implementation of the measures referred to in point has a financial impact on the municipal budget;
12.4 other public authorities, if the position of the project be included in questions affecting their competence. III. preparation of draft position and presentation of the project 13 Position prepare according to the rules specified in this annex the sample form of the position. The form indicates the following: 13.1 the recipient of a position (Commission);
13.2. indication of whether the position was prepared in response to the formal notice or reasoned opinion, as well as the notice or the date and number of the opinion;
13.3. the Commission formal notice or in the reasoned opinion short presentation;
13.4. the essence of the position indicating the following information: 13.4.1. If irregularities are found,-the measures taken to prevent a breach, what measures and what deadlines planned, as well as what their expected results;
13.4.2. If the violation is not considered legal reasoning-advanced as to why the Commission formal notice or in the reasoned opinion is unfounded;
13.5. the document that is attached in the annex;
13.6 the Minister's signature;
8.5. The Commission's written evidence on the position. 14. If the draft position indicates that the legislation is planned in the project preparation and adoption, the draft position in the appropriate annex to the project (if any is made) and indicates that the project is proposed for adoption. 15. If prevention of the infringement procedure required by law for the project development, responsible Ministry's position is added to the draft Cabinet of Ministers sitting in the protokollēmum project, which provides for the task to the Ministry responsible for a specified period to prepare and submit a legislative proposal. 16. the position of the project adds an informative message if: 16.1. draft position has been prepared in response to the reasoned opinion;
16.2. the position of the project has been prepared in response to the formal statement, but the position of the measures contained in the draft are necessary for the implementation of the State budget or local budget;
16.3. the applicant (Minister or Minister with special responsibility for) considers it necessary. 17. The information message in addition to the information specified in the draft position involves: 17.1. information that is not contained in the document to be sent to the Commission, if any (for example, on the position of the other Member States of the European Union position on the infringement procedures on the prevention measures to be taken, a forecast of the continuation of the infringement procedure and consequences);
17.2. information on this provision 13.4.1. the implementation of the measures referred to in subparagraph requires the State budget or local government funds and sources of acquisition. 18. the position of the project adds Latvian Ambassador Extraordinary and Plenipotentiary of the Union of the cover sheets project to the Commission. 19. If a position provided for in the draft Bill, the adoption of the draft position of the Cabinet is added to the protokollēmum project, which is the task of the national registry-send draft position note the European Affairs Commission of the Parliament, and the Parliamentary Commission responsible for the Bill, if it is determined (paragraph 35). IV. coordination of draft position 20. Responsible Ministry draft position (and the documents annexed thereto) sent for an opinion: 20.1. The Ministry of Justice;
20.2. The Ministry of finance, if the draft position issues contained in State budget or local budgets or this provision in paragraph 13.4.1. those measures is the financial impact on the State budget or local budget;
20.3. other public authorities if contained in draft position questions concern their competence;

20.4. other institutions, experts, or persons, if the Ministry considers it necessary. 21. If the position of the project to harmonise the urgent, responsible Ministry shall fix a time limit for the delivery of the opinion, not less than two working days. 22. the national authority, expert or person shall give its opinion on draft position and the documents annexed thereto during the week or, if the position of the project coordination is urgent, responsible within the time limit set by the Ministry. If the opinion of the Ministry, provides the signature of the Secretary or Assistant Secretary of State. Opinion sent to the responsible Ministry paper as well as electronic form. 23. the opinion shall mention the objections and proposals. The proposals, as well as experts and the views of others are recommendations. 24. In giving its opinion on the position of the project and the attached documents, the Ministry of Justice shall evaluate: 24.1. or the measures provided for in draft position (13.4.1) are appropriate and sufficient to prevent the continuation of the infringement procedure;
24.2. the position contained in the draft or legal reasoning (13.4.2. the bottom) is appropriate and sufficient;
24.3. the position of the project design. 25. Other public authorities, experts and the Parties shall assess the position and deliver its opinion within the limits of its competence. 26. If the draft position is express or 20 of these regulations in the said authorities have participated in the preparation of the draft of the position of the Working Group, draft position (and accompanying documents) can not send opinion, but match them (endorsing) the provisions referred to in paragraph 20. 27. If the public authorities without the opposition supported the position of the project and accompanying documents or in its opinion on the draft of the position expressed just proposals or have not delivered the opinion of the week or the responsible Ministry deadline, draft position is considered to be coherent and responsible Ministry prepares it for submission to the Cabinet. 28. If opinions have indicated opposition to the responsible Ministry, take one of the following: 28.1. take into consideration the objections and prepare draft position for submission to Cabinet;
28.2. where it considers it appropriate, convene an inter-agency meeting to reach agreement on the objections, which are not taken into account or partially taken into account, inviting representatives of the public authorities, experts and the people who draft position was sent for an opinion;
28.3. submit a project for consideration of the position of the Secretary of the meeting, to reach agreement on the objections, which are not taken into account or partially taken into account. 29. After examining the draft position of the inter-institutional meeting or a meeting of State Secretary responsible Ministry, if necessary, to clarify the position of the project and accompanying documents and prepare it for submission to the Cabinet. V. the parliamentary information 30. The Ministry of Justice after receiving the draft position for an opinion immediately in writing to the Parliamentary Commission for European Affairs, on the draft law on Parliamentary Commission, if any, and the Ministry responsible for the infringement procedure and the proposed draft position if: 30.1. the position of the measure provided for in the project for the prevention of infringement is the preparation of the draft law;
30.2. the position is included in the draft that the reasoning is not vitiated by infringement and legislation of the European Union is taken over by law. 31. If the Working Group is drawn to the draft position of the reasoned opinion and it is established that the infringement procedure initiated in relation to the Bill under consideration in the Parliament, the Ministry of Justice on infringement procedures and proposed possible draft position immediately in writing to the Parliamentary Commission. Vi. approval of draft position in the Cabinet approved draft position 32. the Cabinet of Ministers. 33. the position of the project can be submitted to the Cabinet meeting, according to the rules of procedure set out in article 28, if the draft position is urgent or draft position, the applicant (Minister or Minister with special responsibility for) considers that the question of the process essentially only the Cabinet meeting. 34. upon the approval of draft position in the Cabinet, the responsible Ministry prepares three copies of draft position and the position of the electronic version (through the media). The first copy of draft position endorsed by the document order of movement laws regulating certain officers, two copies of the position (without official visas), which shall send to the Commission, the Minister for signature. 35. If the Cabinet approves the draft position, which provides for the adoption of the draft law and draft position is added to protokollēmum with this rule for the tasks referred to in paragraph 19, the national registry sends the Cabinet sitting, position and protokollēmum the documents annexed to it note of Parliamentary Commission for European Affairs and the Parliamentary Commission responsible for the Bill, if one is specified. 36. following the approval of a cabinet position and sent to the Commission, the following additional information on the measures taken for the prevention of the infringement procedure, the Commission sent to the responsible Ministry. VII. submission by the Commission of the position After position 37. project approval in the Cabinet of Ministers of a national registry of two copies of the position that is designed to send to the Commission, as well as the position of the electronic version shall immediately transmit to the Ministry of Foreign Affairs. The Ministry of Foreign Affairs through the diplomatic bag, position in paper form and electronically. 38. After receipt of the position of the representation shall be immediately recorded and two working days, shall be submitted to the Commission. The Commission shall provide a copy of the second position in the written record for the position. 39. After the submission of the Commission in the position representation on it electronically inform the responsible Ministry and Justice Ministry. 40. the position of the second copy of receipt by Commission mark stored representation. VIII. Closing question 41. Be declared unenforceable in the Cabinet of Ministers of 21 June 2004, Regulation No 553 "order in which develops and supports the position of the Republic of Latvia of the Treaty establishing the European Community, within the framework of the infringement procedure" (Latvian journal, 2004, 105 no; 2005, 60 no). Prime Minister a. Halloween Justice Minister g. Grīnvald annex a Cabinet of 16 May 2006, regulations No 405 model form of the position of the Minister of Justice of g. Grīnvald