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 Arrangements

Original Language Title: Kārtība, kādā tiek veikti darījumi ar piena kvotām, šo kvotu administrēšanas un kontroles kārtība, kā arī soda naudas aprēķināšanas un iekasēšanas kārtība

Read the untranslated law here: https://www.vestnesis.lv/ta/id/88008

Cabinet of Ministers Regulations No. 315 in 2004 (April 15. No 22 27) 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 Issued under the agricultural and rural development Act 7 the second subparagraph of article i. General questions 1. determines the order in which the transactions are made with milk quotas (purchase, lease, donation, inheritance, conversion and abandonment), this quota administration and control procedures as well as with the milk quota administration related finance charge calculation and collection procedures.
2. the milk quota is set in uncooked milk (milk) sales quota year (2004-2005 quota year is from 1 May 2004 to 31 March 2005).
3. national total national milk quota reserve (national reserve) milk quotas provide for not less than 1% of the delivery quota and not less than 1% of the direct sales quota.
4. Milk, which milk manufacturer uses origin for personal consumption (food or feed), milk quotas is not determined.
5. With the milk quota administration issues addressed the Commission seven people. The personnel of the Commission approved by the Minister of agriculture. The Commission consists of representatives from milk producers, dairy processors ' organizations, farmers ' organizations, countries of the cooperation Council of the society with limited liability "the national breeding information and data processing center" (hereinafter referred to as the data center) and the field support service.
6. the Commission meets at least once a month (if required, convene an extraordinary meeting).
7. the Commission shall have the following functions: 7.1. examine the notifications for the dairy producer milk quotas;
7.2. to assess the dairy buyer compliance requirements and to give them (the right to purchase milk);
7.3. to review applications for the allocation of milk quotas or the increase of the national reserve;
7.4. to examine and evaluate the breeding State inspection (hereinafter Inspectorate) documents submitted for: 7.4.1. updating the amount of milk quotas in the milk producer;
7.4.2. this rule 7.2. approval referred to stop milk buyer.
8. The Chairman of the Commission's data centre. The President of the Commission: 8. organizes and directs the work of the Commission;
8.2. the Commission approved the agenda of the meeting and signed the minutes of the proceedings of the Commission;
8.3. the members of the Commission.
9. the Commission shall be valid if the meeting at least half of the members of the Commission. Decisions shall be taken by a simple majority. If the vote is tied, the Chairman shall have a casting vote.
10. the meeting of the Commission. The Commission's secretariat functions perform data center.
11. to obtain approval, the buyer shall present to the Commission an application for the approval of the purchaser (annex 1). The application shall be accompanied by the following documents: 11.1. food and veterinary service of the certificate of registration;
11.2. the merchant copy of the registration certificate.
12. the Commission during the month following that rule referred to in paragraph 11 of document receipt, it will be evaluated and a decision on the approval of the purchaser of milk. The Commission shall inform the purchaser of milk on the decision of the Commission.
13. the Ministry of Agriculture approved the list of purchasers of milk shall be published in the newspaper "journal".
14. milk producer under the milk quota allocated to: 14.1. enter into agreements with one or more customers;
14.2. a contract for the supply of all or part of the quota;
14.3. change the milk purchaser, if stipulated in the contract between other obligations.
15. milk producer for each assigned milk quota filled: 15.1 delivery quotas for milk accounting (annex 2);
15.2. direct sales of milk quota accounting (annex 3).
16. Direct sales quota owners each quarter until the 15th date of the following month, submit data center quarterly report about direct sales quotas (annex 4).
II. Dealing with the milk quota 17. All submissions on the milk quota (purchase, lease, donation, inheritance, conversion and abandonment) data center.
18. The deal enters into force upon its registration in the data center.
19. the property of milk quotas and donates the conditions under the civil law of succession and gifts.
20. milk producer can do business with, or part of milk quotas, if his dairy cows are registered data center animal and herd register.
21. The rules referred to in paragraph 20 of the condition does not apply if the producer ceases activity in dairy farming and sell all it holds in the milk quota or inherit the milk quota.
22. If after the transaction changes the quota of the producer, the representative fat content, the data center it recalculated using the vienprocentīg method of milk, and inform the manufacturer about the changed fat content.
III. the milk quota purchase 23. Milk quota can buy milk producer, which owns data center animal and herd register registered herd of dairy cows.
24. If the milk quota is sold to a person not in dairy cows, the business is not registered.
25. buy milk quota, the parties involved in the transaction: 25.1. mutually agree on the milk quota amount purchased: 25.2. inform the buyer of milk (if you purchased supply quotas) on the changes in the milk supply contract provisions;
25.3. fill in and submit the data center application for purchase of milk quotas (annex 5).
26. Data Center recorded transaction and shall inform the purchaser of milk.
27. milk quota purchase transactions can be performed once a month (to 1 February in each quota year).
IV. Milk quota rental 28. Milk quota rental business, a minimum quantity is 1000 kg (if you hired a delivery quota) or 500 kg (if you rented direct sales quota).
29. to register the milk quota rental business, the parties involved shall be completed and submitted to the data center application of milk quotas to the registration of the lease (annex 6).
30. Data Center five working days shall notify the producer of milk and dairy buyer for the business registration.
31. the milk quota rental business switch to quotas for February 1. The deal is in force for that quota year.
32. the end of the quota year, the data center leased to re-register the quota amount back to the lessor.
33. On exceeding the milk quotas hire the responsibility of the lessee under the procedures laid down in these provisions. About leased the milk quotas to fulfil the responsibility of the lessor in these regulations.
34. The dairy producer milk quota may be hired for no more than two consecutive years, the quota.
35. After the maximum end of the lease term data center delivers milk quota holder statement. It specifies the options for future action with a rented milk quotas: 21.8. resume the milk production;
35.2. the sale of milk quotas;
35.3. opt out of milk quotas for the good of the country, including national reserve, and receive for their consideration in accordance with the provisions of paragraph 39.
36. If the milk quota is leased together with land, cows or holding on to such a transaction does not apply this provision, 28, 31, 32, 34 and 35 above, the lease conditions of quota restrictions.
V. milk quota modification 37. Manufacturer once the quota year, but not later than December 31, you can modify the delivery quota for direct sales quotas or direct sales quota for deliveries. To convert the milk quota, the manufacturer shall complete and submit the data center application of milk quotas in the transform (annex 7).
Vi. the abandonment of the milk quotas to producers of Milk 38.1 January may waive it own milk quotas. To sign out of the milk quota, milk producers shall provide data center application for abandonment of the milk quotas (annex 8). The milk quota is included in the national reserve.
39. If the producer waives it own milk quota and it is counted in the national reserve, the manufacturer is granted compensation from the State for this purpose in the budget allocation from general revenue.
VII. Dairy quota 40. Milk quota is administered by the buyer of the dairy and the data center.
41. the buyer of Milk for each milk producer, with which it has entered into a contract for the supply of milk every month until the tenth date data center electronically the following information for the previous month: 25.5. milk quota registration number (shall enter into force at the beginning of the year the quota);
41.2. a herd registration number;
41.3. purchased milk volume (kg);
25.7. purchased milk fat content (as a percentage) that is defined in the accredited laboratory of milk.
42. the buyer of Milk every month until the tenth date data center electronically the following information for the previous month: 42.1. the total volume of purchased milk (kg);
26.2. the processed milk volume (kg);
26.3. the processing undertakings selling milk volume (kg);
26.3. the processing companies purchased milk volume (kg);
26.4. the imported milk volume (kg);
26.5. processing undertakings who sold and bought from milk.
43. Dairy buyer: 43.1. each year, before 1 April data center shall provide the milk purchasing agreement concluded in the list (annex 9);
43.2. the quota year shall monitor the manufacturer's supply quota performance under the contract concluded;
43.3. each month supply quota, using this rule 27.8. formula referred to, and shall inform the producer of the milk delivery quota;

43.4. quotas at the end of the year in the distribution company concerned does not supply quota used proportion between milk producers, taking into account the milk quota allocated to its implementation;
43.5. collected fines from milk producers on the volume of the quota minus a maximum of 50% of the payment for milk, due to the manufacturer;
27.1. each year, before the May 10 after unused milk quota in proportion to the distribution of transmitted data center supply quotas for the annual return for each milk producer (annex 10);
27.2. inform the manufacturer about this rule 7.2. approval referred to suspension.
44. The data center: 44.1. maintain register of milk producers;
44.2. collects the milk delivery and direct marketing data;
44.3. the calculation of delivery quotas and direct sales quotas from the national reserve;
27.6. sends the milk manufacturer for the milk quota allocated from the national reserve;
27.7. record business application of milk quotas and transactions;
27.7. inform the buyer of milk on milk quotas;
44.7. monitor the implementation of milk quotas;
27.8. the quotas each year at the end of the country by smoothing the delivery quota by using the following formula: IPD = (FTP, RTP) x 0.18 x PPD that IPD is the volume of milk —;
FTP — actual fat percentage with which the milk is sold;
RTP — representative fat percentage;
PPD-delivered milk volume (kg);
— coefficient 0.18;
27.9. the quotas each year specifying delivery quotas and inform the producers;
44.10. the calculation of fines for exceeding the quota volume and prepares a report to the European Commission.
45. If milk producers of milk quotas assigned to serves 70% or less, their milk quota for the next quota year shall be reduced by 50% of the outstanding amount of the quota. Reduction to be placed in the national reserve, without giving the milk producer. If the next quota year milk producers of milk quotas assigned to serves 70% or less, the entire outstanding amount of quota placed in the national reserve.
46. If milk producers in one quota year generally is not sold the milk, all quota fully placed in the national reserve.
47.45 and 46 of these regulations referred to in paragraph conditions do not apply to the manufacturer and the milk quota is not reduced, if the manufacturer until the end of the quota year shall be submitted to the data center: 29.3. food and veterinary service statement: 47.1.1. forcibly remove animals;
47.1.2. fire, flood or other natural disasters due to deaths of animals;
47.2. the body issuing the certificate of contingencies resulting from force majeure (force majeure).
48. Commission decision on the approval of the purchaser of milk, the national reserve and milk producers dispute can be appealed in court.
VIII. National Reserve 49. Of the national reserve of milk quotas granted to a producer or to increase its volume, if the manufacturer is registered in the register of the producers of milk, and from the beginning of the year the quota has expanded his herd of dairy cows.
50. milk manufacturer in accordance with the provisions of paragraph 49 of the national reserve to be allocated a milk quota is calculated using the following methodology: 50.1. If cows are supervision, holding average annual monitoring milk yield multiplied by the number of cows in the monitoring that the herd has been extended;
50.2. If cows are not monitoring, calculation using national average statistical yield.
51. for milk quotas or increase the amount of milk quotas from the national reserve, the milk producer data center application and submit documents proving that the rules referred to in paragraph 49 of the conditions are met.
52. milk producers ' applications for the allocation of milk quotas, or increasing the size of the national reserve adopted the following periods of time: until 1 June until 1 September until 1 December.
53. If the milk quota, which producers want to get from the national reserve shall not exceed national reserve, assigned to the producers of all the required amount of milk quotas. If the producer of the milk quota amount requested is larger than the national reserve, the amount to be allocated shall be reduced proportionately for all applicants.
54. During the month following each of these provisions 52. the period referred to in paragraph 1 the Commission shall examine the application and decide on the allocation of milk quotas or the amount of the increase of milk quotas from the national reserve. Data Center sends information to the producer concerned of the Commission's decision.
55. If the manufacturer started producing milk after 1 May 2004 and his whole quota is fully allocated from the national reserve, the quota assigned to the representative fat content is the same as the national milk quota, the representative fat content.
56. If milk producers, for which the milk quota is allocated in accordance with the provisions of the 55, the next quota year milk the analysis demonstrates that the actual fat content of milk is different, the representative fat content shall be considered the producer of the show, the actual fat content of milk.
IX. Milk quota control 57. milk quota control inspection.
58. the control of Inspection in respect of the implementation of milk quotas are subject: 58.1. milk producers;
58.2. milk buyers;
58.3. milk laboratory;
58.4. Data Center.
59. milk manufacturer inspection shall verify: 59.1. milk quota allocated (grounds) accuracy;
59.2. contracts for the purchase of milk;
59.3. billing documents for the sales of milk and milk products;
59.4. milk production records (milk utilization: marketing and consumption on your farm);
59.5. declarations of direct sales (the conversion factor for the use of milk for accuracy), and the observance of time limits — direct sales quota holders.
60. milk purchaser inspection shall verify: 60.1. This provision in paragraph 11 above;
60.2. contracts with manufacturers about buying milk;
60.3. accounting documents, for information on: 60.3.1. bought and processed milk and milk products;
60.3.2. in the case of milk and milk products loss;
60.3.3. in the case of milk and milk products balance control at the beginning and the end;
60.4. collection and transport routes: 60.4.1. Accounting documentation;
60.4.2. dairy sampling, compliance with the requirements of the laws and shipping milk laboratories;
60.5. delivery quotas for annual deadlines for the submission of the Declaration;
60.6. producer quotas, interest calculation, collection and repayment.
61. Data Center inspection shall verify: 61.1. annual declaration submitted on the milk quotas;
61.2. the information submitted by the buyer;
38.1. milk producers register;
61.4. milk buyer registry;
61.5. business registration.
61.6. total milk quota adjustment and the calculation of the fine.
62. the laboratory of Milk inspection check the accounting documentation.
63. The Inspection Commission report, to be able to take a decision on the quota reduction or cancellation of the milk quota, or this rule 7.2. approval referred to stop milk buyer.
64. Dairy buyer may require this rule 7.2. approval referred to restore, if it has prevented a test set out in the Act and submitted to the Commission the following documents: 64.1. application for approval of renewal;
64.2. the lack of prevention measures;
64.3. inspections for inspection copy.
X. interest calculation, collection and repayment of equalisation of milk quotas after 65. Data Center calculates the fines exceeded quotas for producers and on the amount to be charged shall notify the manufacturer in writing, buyer and the field support service.
66. If the national total milk quota after equalization is not exceeded, the buyer each year up to July 1 released from the manufacturer, it levied a fine.
67. If a State of total milk quota after equalization is exceeded, the rural support service charged milk buyers (if delivery quota exceeded) and producers (if direct sales quota exceeded) the rules set out in paragraph 65 of the penalties and transfer them to the European agricultural guidance and guarantee fund.
XI. Closing questions 68. provisions shall enter into force on 1 May 2004.
69. This provision into force approved milk buyers approval is valid also after the entry into force of these regulations, unless it is revoked in accordance with the procedure laid down in these provisions.
70. in paragraph 45 of these rules this reduction is applied, beginning with the 2005-2006 quota year.
71. This provision is laid down in the annexes to forms and magazines produced and distributed data center.
72. Be declared unenforceable in the Cabinet of 30 September 2003, Regulation No 539 "milk production quota allocation and assignment, as well as information gathering and administration arrangements" (Latvian journal, 2003, nr. 137; 2004, nr. 27).
Prime Minister i. Emsis Minister of Agriculture m. Roze Editorial Note: rules shall enter into force on 1 May 2004.