Agricultural And Processed Agricultural Products In External Trade Administration Procedures

Original Language Title: Lauksaimniecības un pārstrādāto lauksaimniecības produktu ārējās tirdzniecības režīma administrēšanas kārtība

Read the untranslated law here: https://www.vestnesis.lv/ta/id/88000

 
Cabinet of Ministers Regulations No. 406 of 2004 in Riga on April 22 (Mon. No 24, 42) for agricultural and processed agricultural products in external trade Administration issued the order regime under the agricultural and rural development Act article 8 second paragraph i. General provisions 1 the questions determines the order in which the European Union is administered by the agricultural and processed agricultural products in trade with non-Member States of the European Union (hereinafter third countries).
II. Import, export of the administering authorities mode 2. Field support services: 2.1 administer import, export licences and export refunds in the issue of certificates;
2.2. adopt, recorded, released and forfeit the collateral;
2.3. the calculation and the payment of export refunds and examine the reasons for the payment;
2.4. the penalties according to these rules and withheld the export refunds of overpayments;
2.5. informs the European Commission under European Union laws, agricultural and processed agricultural products;
2.6. confirm and control the international monitoring agency that approval will be issued to the exporter for import transactions with third countries;
2.7. record of processed agricultural products, recipes and check their compliance with the production formula products.
3. the State revenue service customs authorities (Customs authorities): 3.1 ensure the application of the customs regime in trade with third countries concerning agricultural and processed agricultural products covered by the common agricultural policy measures;
3.2. common agricultural policy measures applicable under physical control;
3.3. provide information to field support these rules and European Union legislation.
4. food and veterinary service: 4.1 the import and export of products in the physical controls during the take samples of products, and at the request of the Customs authorities in accordance with an agreement concluded between the main customs administration and the food and veterinary service carries out laboratory analysis of products;
4.2. issue and approve the following certificates of conformity and special agricultural and processed agricultural products qualifying for export refunds or be issued for the export of the product in accordance with European Union legislation: 4.2.1. boned meat certificate;
4.2.2. the certificate for meat obtained from Adult bulls;
4.2.3. analysis certificate of conformity for wine;
4.2.4. the certificate or "Emmenthaler" Swiss cheese exports to the UNITED STATES;
4.2.5. the certificate for the export of certain cheeses to Australia;
4.2.6. the certificate of origin of the cheese for export to Norway;
4.2.7. compliance and special certificates for products in the food and veterinary service of supervision and control.
III. Import, export licences and export refunds in the system of certificates of import Application 5, export licences and export refunds in the certificate a person be completed by typewriter or computer, or handwritten with ink pen in block capitals. The application shall be submitted to the rural support service in the Latvian language or in one of the Member States of the European Union official languages, adding certified translations of Latvian language.
6. The export of processed agricultural products, in accordance with the Commission's 2000 July 13, Regulation (EC) No 1520/2000 laying down common rules for the application of the system of export refunds on certain agricultural products exported in the form of goods not listed in annex I to the Treaty, which also determine the amount of such refunds and the criteria for fixing (hereinafter referred to as Commission Regulation (EC) No 1520/2000), annex (A), (B) and (E), records of the quantities of exported goods for export and its attribution in the refund certificate shall be carried out by the rural support service approved the export declaration , which contains the number of the certificate.
7. Import and export licences, records of use license volumes confirm (endorse) the Customs authorities upon presentation of the customs regimes.
IV. Security Administration 8. No security shall be submitted, if the amount is less than the equivalent of 100 euros and in dollars.
9. No security shall be submitted to the parties, set out in the Commission's July 22 1985 regulation (EC) no 2220/85 laying down common rules for the application of security in agricultural products (hereinafter referred to as Commission Regulation No 2220/85), article 6.
10. the exporter shall submit security support services in the Field of advance payments within 30 days of acceptance of the export declaration. The advance payment shall not be paid before receipt of the collateral. If the security is not lodged within the time limit, it shall be increased by 15%.
11. Security guarantor in accordance with Commission Regulation No 2220/85 article 8, paragraph 1 (b) may be specified in the credit institutions, credit unions and insurance companies.
12. The guarantor referred to in paragraph 11 of these rules and registered in Latvia, for approval, in accordance with Commission Regulation No 2220/85 article 16 (1) of the field support service before the first provision shall submit financial and capital market Commission issued licenses, which give the right to provide a certified copy of the guarantee, the guarantor and the list of persons authorised to sign the guarantee, the guarantor's signature and seal sample sample.
13. The guarantor referred to in paragraph 11 of these rules and established in one of the agreement on the European economic area Member States, in order to obtain approval in accordance with Commission Regulation No 2220/85 article 16, paragraph 1 of the field support service before the first delivery of the collateral submitted to the authorities of licences issued, which gives the right to provide a guarantee of a certified copy of the issuing authority, in which the guarantor the guarantor registered and a list of the persons empowered to sign the guarantees the sample and the guarantor signature stamp.
14. in paragraph 11 of these regulations, the said guarantors guarantee shall be lodged with the field support service.
15. After the license or certificate of export refunds the nominal submission by the owner of the field support service released a security in accordance with the Commission on 9 June 2000, Regulation (EC) No 1291/2000 laying down common rules on import, export licences and advance the application of the system of certificates for agricultural products (hereinafter referred to as Commission Regulation No 1291/2000), the provisions of article 35.

16. If, after the release of the security field support service determines that the product is not exported by the exporter, the rural support service requires the exporter to repay the amount of the security to be released.
17. If the field support service provision calculated to be deducted from the exporter, does not exceed 60 euros equivalent in lats according to adjust the exchange rate in force on the day of lodging of the security, it is not withheld.
18. the rural support service, in accordance with Commission Regulation No 2220/85 article 27 on the basis of personal request in writing, exempt the part of the security, if there is evidence of a certain part of the exports and the product if exempted security part is not less than the equivalent of 60 Euro, recalculated in LCY.
19. If the service is aware of the conditions, allowing for a Commission Regulation No 2220/85 article 8, paragraph 1 (a), of the security referred to in the transfer field support service within the account without prior notice.
V. Administration of the export refund 20. Export refund application is single administrative document the second form (hereinafter referred to as the application of the export refund). Single administrative document filling methodology determined by the State revenue service.
21. the rate of the export refund in accordance with the European Commission on 15 April 1999, Regulation (EC) No 800/1999 laying down common detailed rules for the application of the system of export refunds on agricultural products (hereinafter referred to as Commission Regulation No 800/1999), article 6 of the exporters up to the end of the current month, Field support services, submit an application for the refund of the total in the previous month the export business.
22. The application of this provision in paragraph 21 of the procedures, to be granted a field support service. The common application, the exporter shall indicate the export licence, the export refund certificate or certificate of pre-financing and the export declaration number, adding appropriate documents.
23. when the food supplies, the exporter receives compensation in advance, if the support is submitted to the Customs authorities approved the application of the export refund, certifying that the products have been placed, within 30 days of the premises subject to customs control, to be then delivered as food in the European Union.
24. the advance payment of export refunds for exporting farm in support of the submission.
25. customs warehouse for food warehouse status in accordance with Commission Regulation No 800/1999, article 40, paragraph 1 of the warehouse keeper shall submit the application in the State revenue service.
26. To move the products to another victualling warehouse, the exporter receives confirmation in writing from the Customs authorities.
27. If the exporter produce a certificate delivered to the destination of the food as food, field support service additional information required only if fraud is suspected.
28. Food supply situations in accordance with Commission Regulation No 1291/2000, article 33 additional proof of export transactions is the international consignment note.
29. in the case of export refunds, the exporter is not required to submit proof of destination (excluding transport document), if the export declaration allows you to receive compensation, which differentiated the share does not exceed the Commission Regulation No 800/1999, in particular article 17.
30. the rural support service of documents submitted for export refunds the cost of exporting certified translations added Latvian language.
31. If the recipient of the export refund is not repaid the amount of the export refund overpaid field support service within the payment deadline, per day of delay shall apply a penalty of 5% of the unpaid amount.
32. If the overpaid amount of the export refund, including estimated penalties outstanding field support until the date of application for payment of the refund, the bear from the next payment.
33. for inward processing authorisation from the European Commission on 6 December 1993, Regulation (EC) No 3448/93 laying down the trade arrangements applicable to certain goods obtained from the processing of agricultural products, laid down in article 11, agricultural products, the Office submitted to the rural support service of the certificate issued for recycling according to the European Commission of 19 July 2001, Regulation (EC) No 1488/2001 laying down European Commission Regulation (EC) No 3448/93 as regards a particular product referred to in annex I to the Treaty establishing the European Community, to determine the extent of exposure to the inward processing arrangements without prior examination of the economic conditions.
34. the exporter of all exports and export refund related documentation retained for a period of five years from the date of receipt of the export refund.
35. the customs authority shall allow the exporter to lodge the export procedure on the premises of the exporter if the exporter last year is not punished for administrative violations in the field of customs and administrative offences if not collected or to be collected by reducing customs duties.
Vi. International supervisory agency approval and control 36. International supervisory agency approved rural support service, in accordance with Commission Regulation No 800/1999, annex 6, Chapter 1 requirements.
37. the international monitoring agency after the rural support service request, promptly provide, or provide access to information and documents relating to the approval certificate the following functions or Commission Regulation No 800/1999, article 16 (1) (b) and paragraph 2 (c) the specific issue of certificates.
38. the rural support service of its findings to the international monitoring agency or based on other European Union Member States ' competent authorities, the information on irregularities drawn up protocol.
39. the international monitoring agency within 10 days after receipt of the payment protocol the fine field support service in the specified account. If the international monitoring agency fails to pay the fine imposed on it, within the time limit set for each delayed day calculation of 0.5% penalty of the amount outstanding.
VII. Information procedures for agricultural products used for processed agricultural products

40. the calculation of the export refunds, the exporter shall provide information on the manufacture of the processed agricultural products actually used in the components, eligible for export refunds, quantity, or medium used to manufacture the quantity of the agricultural products in accordance with the Commission's no 1520/2000, article 3 (2).
41. Information in accordance with the provisions of paragraph 40 of the exporter Field support services: 25.5. registering a product recipe Field support services;
41.2. or by adding the application of export refunds on export procedures at design time.
42. Where the exporter cannot be specified in processed agricultural product recipe and submit information on the ingredients used in production, and wants to claim based on the analysis methods of export refunds in accordance with Commission Regulation (EC) No 1520/2000 article 16, paragraph 3, the exporter shall submit proof in a separate document in the customs authority that he can not be processed agricultural product recipe and be lodged at the Customs Office of export accredited laboratory report together with the application of the export refund.
43. the product recipes application for registration lodged in respect of each exporter of processed agricultural products. For products with different composition, which are combined in one package, that the relationship between the various components used in the manufacture of any quantity is constant, you can submit one application indicating medium used in the manufacture of the products.
44. the rural support service assigns recipes processed product number and inform the exporter. Exporting product recipes numbers indicate the application of the export refund in box set in accordance with the State revenue service specified on the single administrative document filling methodology.
45. the product registration number of the prescription is valid for 12 months from the date of registration of the recipes. Field support service after the receipt of the application by the exporter extends the validity period up to 12 months.
46. In the event of a failure in the product, whose recipe is established, the exporter shall immediately notify the field support service. If an exporter intends to continue to use the product, produced by requesting a refund, the exporter shall inform the field support service.
47. the rural support service to revoke the prescription number, the product if: 29.3. fields support time has filed the application for the period of validity of the product recipes extension;
47.2. the details of the composition of the product recipes recipes logging application does not correspond to the actual production recipe.
48. the number of registered product recipes owner or user, in accordance with the written prescription of the product owner's permission is the right to use a number of the recipes submitted to the application of the export refund, stating the product that the recipe is registered. The registered product recipes owner permission must be submitted to the support service of the field before the first exportation or export refunds should be added to the application during the first export when referring to prescription products. Product recipes owner who issued a permission for another exporter, immediately inform the registered product recipes for registered products or recipes number expiry date.
49. The manufacturer of the product, for which the export refund is claimed and which is calculated based on the composition of agricultural products used, stored product recipe and the results of the analysis, if, five years after the receipt of the export refund.
VIII. procedures for the control of products exporting 50. According to the State Revenue Service methodology established by the customs authority prior notification for export.
51. at the request of the Customs authorities of the food and veterinary service takes samples of individual products in accordance with the agreement concluded between the main customs administration and the food and veterinary service.
52. food and veterinary service after products laboratory analysis of samples sent for testing results to the Customs Office.
IX. Closing questions 53. Import licences the security lodged after 1 May 2004 shall be released within 30 days of the submission of the document Field support services: 53.1. If licence holder shall submit to the rural support service no later than 45 days after the license expires, the license copy (the original show) and a certified copy of the customs declaration;
53.2. If at least 95% imported goods from the licence set out in the common quantity.
54. the Import licences in the security lodged after 1 May 2004 shall forfeit: 54.1. According to the amount of goods for which the license is not used;
54.2. in full, if the quantity of the imported goods is less than five percent of the total goods set out in the licence;
54.3. If the license that is used during its validity, submitted after this rule 53.1. in the end of the statutory period for each day of delay is deducted five per cent of the total amount of the security;
54.4. If, after this rule 53.1. the time limit laid down in paragraph present partly used licence withholding amount consists of the part of the security for which a license is not used, and five percent of the amount of the collateral after the first deduction per day of delay.
55. the rules shall enter into force on 1 May 2004.
Prime Minister i. Emsis Minister of Agriculture m. Roze Editorial Note: rules shall enter into force on 1 May 2004.