The Provisions On Transitional Measures For The Application Of Sugar And Sugar-Containing Products In Trade Due To The Accession To The European Union

Original Language Title: Noteikumi par pārejas posma pasākumu piemērošanas kārtību cukura un cukuru saturošu produktu tirdzniecībā sakarā ar pievienošanos Eiropas Savienībai

Read the untranslated law here: https://www.vestnesis.lv/ta/id/88047

 
Cabinet of Ministers Regulations No. 469 in 2004 (April 29. No 26) provisions on transitional measures for the application of sugar and sugar-containing products in trade due to the accession to the European Union Issued in accordance with the law the sugar industry article 20 i. General provisions 1 the questions determines the order in which are listed in the European Commission of 14 January 2004, Regulation (EC) No 60/2004 laying down transitional measures in the sugar sector in the Czech Republic, Estonia, Cyprus , Latvia, Lithuania, Hungary, Malta, Poland, Slovenia and Slovakia to the European Union accession (hereinafter referred to as Commission Regulation No 60/2004), laid down in article 4 of sugar and sugar-containing products (hereinafter referred to as products) production or trade stocks resulting from normal and excess stocks discovery procedures.
II. the normal Product and surplus stocks discovery 2. Person's property on 1 May 2004 is the free circulation of products in stock in excess of the last three years the average sugar or processed products containing sugar equivalent of three months of having the security of resources until 31 May 2004, submitted to the State revenue service Declaration (annex 1) the normal products and the determination of surplus stocks. 3. normal inventory of products considered as 1 May 2002 and 2004 30 April average fixed product range or 1 May 2003 in fixed product range (if economic activity started after May 1, 2002), plus this product range, the objective conditions of the item. 4. the products seem to be declared is the 2004 30 April, the personal property of the existing product range, over the rule laid down in paragraph 3, the amount of the item and not the result of an objective inventory of formation conditions. 5. a Person fills out a return for each of the Commission Regulation No 60/2004 products referred to in article 4 of the European Union's eight-digit combined nomenclature classification (annex 2). Products that meet one of the combined nomenclature code and the sugar or sugar equivalent content is different, at the declaration attached to the product listing and description in free form, included in the Declaration, indicating the proportion of each product range and sugar or sugar equivalent content.
III. The objective conditions of item 6 and processing raw materials, product range, 30 April 2004, in excess of 1 May 2002 and may 1, 2003 the average fixed product range or 1 May 2003 in fixed product range (if economic activity started after May 1, 2002), has the objective of creating the conditions of item inventory, if it occured in the production's technical capacity building results in due to new production facilities or acquisitions, the expansion of existing production facilities and increasing the use of production capacity, including the launch of new products, which include products used in the change and if the 2004 April 30:6.1. structure of the raw materials conform to finished product production structure, taking into account the previous comparative period operating (typical persons) around a specific raw material trends, in order to achieve the planned levels of production; 6.2. the structure of the production of the product corresponds to the product turnover or sales structure in the light of the previous reference period, economic activities (specific to the person) the trends projected sales.
7. If the person item from the product rule 6 the objective referred to in paragraph item formation conditions, then it indicates the reference in the Declaration: 7.1 7.1 on this rule, if exceeded stocks of raw materials and in addition adds a personal written statement approved, which lists the documents or information on specific evidence of comparable periods for: 7.1.1. product inventory of raw materials and their acquisition of recurrence; 7.1.2. the product production capacity and congestion; 7.1.3. the production of the product and the amount of raw materials used in production; 7.1.4. eligible raw material inventory amount determined on the basis of the 7.1.1, 7.1.2, 7.1.3.. in the information provided, the production capacity of the load; 7.2. This provision 7.2 above, if exceeded for sale product range, and be accompanied by the Declaration approved by the person in writing of the statement, which listed the documents or information on specific evidence of comparable periods in relation to: 7.2.1 the product range and their building of recurrence; 7.2.2. product sales; 7.2.3. the eligible product range, determined on the basis of this provision in paragraph 7.2.1 and 7.2.2. sales information provided.
8. Sales price increases in the market caused by the decline in demand owing to the producers when the amount of stock that the 2004 April 30 exceeds the 2002 on May 1 and may 1, 2003 the average fixed product inventory, or 1 May 2003 in fixed product range (if economic activity started after May 1, 2002), has the objective of creating the conditions of items in the inventory, if : 8.1. product purchases the raw materials used in production is not increased relative to the period before the purchase of sales price increases, with the exception of the raw materials purchase volumes, for which contracts have been concluded; 8.2. the sales price increase absolute figures exceeding previous comparable period exercise price increases when sales did not diminish its influence.
9. If this product inventory from the rule referred to in point 8 of the item objective conditions, the Declaration must include a reference to it, and in addition to the declaration adds the person's written statement, approved by listing the documents or evidence of specific periods for information: 9.1. product sales prices and the sales; 9.2. the product items and their value; 9.3. product sales price increase in absolute numbers and price increases affecting factors; 9.4. starting materials used in the manufacture of the product purchase volumes, the volumes separately according to the concluded purchase agreements; 9.5. eligible item amount determined on the basis of 9.1, 9.2, 9.3 and 9.4 above.
10. Sales turnover increase as a result of the product range, in 2004 more than 30 April 1 May 2002 and may 1, 2003 the average fixed product inventory, or 1 May 2003 in fixed product range (if economic activity started after May 1, 2002) and formed a number of points of sale, the sales area or product as a result of the increase in demand, as the objective determination of the formation conditions of stocks in stock If the purchase of the product and the item structure corresponds to the sales structure in the light of the previous reference period, economic activities (specific to the person) the trends projected sales.
11. If the person due to stocks of products that provision referred to in paragraph 10 of the item objective conditions, then it indicates the reference in the Declaration: 11.1 11.1. This provision, if the items are made in increasing the number of points of sale, or sales area as a result of enlargement, the declaration adds additional persons approved written statement, which listed the documents or information on specific evidence of comparable periods for: 11.1.1 marketing site for the expansion or increase in the number of representative indicators; 11.1.2. product purchasing and procurement, the recurrence item quantities and product sales volumes at each point of sale; 11.1.3. eligible product range, determined on the basis of paragraph 11.1.1 and 11.1.2. the information given in that regard to take inventory and sales volume growth rate or the amount of the item and the sales ratio; 11.2. on this rule 11.2., if excess inventory building in connection with the increase of demand of the product, and a declaration in addition adds a personal written statement approved, which lists the documents or information on specific evidence of comparable periods for: 11.2.1. product purchasing and procurement, the recurrence item quantities and product sales; 11.2.2. eligible product inventory amount determined on the basis of this provision, the information provided in paragraph 11.2.1., increasing demand.

12. product inventory level at the 2004 April 30, more than the 2002 on May 1 and may 1, 2003 the average fixed product inventory, or 1 May 2003 in fixed product range (if economic activity started after May 1, 2002) and the other lens inventory formation conditions not mentioned in this chapter, but comply with the law "on agricultural product inventory and reporting duties for redundant items in connection with Latvia's accession to the European Union" objective laid down in article 5, item formation conditions are objective conditions of the item in inventory results. 13. If the person due to stocks of products that provision referred to in point 12 of the item objective conditions, the declaration adds additional persons approved written statement, listing the other objective inventory of circumstances, their supporting documents or evidence information about certain comparable periods. 14. the Ministry of agriculture at the request of the State Revenue Service assesses applicants declaration specified the objective conditions of the item. 15. at the request of the State revenue service person produce a certificate specified in documents and evidence information as well as provide additional information and explanations to the veracity of the information provided.
IV. Evidence of withdrawals from the market 16. Person to 15 May 2005, in accordance with Commission Regulation No 60/2004, article 6, paragraph 2 of the State revenue service submitted by: 16.1. proof of product withdrawn from the market in the community, if it made the Commission Regulation No 60/2004, article 6, paragraph 2 of the "a" in the prescribed form; 16.2. in the State budget or transfer payments the State revenue service account specified by Commission Regulation No 60/2004 article 6, paragraph 3 of the specified amount.
17. the Ministry of agriculture to the 2005 July 31 provide confirmation to the Commission, on the basis of the State revenue service collect information on product withdrawals.
V. transactions with the new Member States of the European Union sugar purchased 18. Persons who deal with the Commission Regulation No 60/2004 listed in article 1 in the new Member States of the European Union purchased sugar, certain European Commission Regulation No 60/2004, article 4, paragraph 1, "a", defined as the excess inventory, pay a fine of 22. these provisions referred to in paragraph 1. 19. the parties to the fifth day of the month (for the previous month) report a Field support services for the transactions carried out with sugar, purchased during the period from 1 May 2004 to 30 April 2005 and which have been in free circulation in 2004 to 30 April in the new Member States, adding new documents and evidence issued by the competent authorities of the Member States assurances that the provisions referred to in paragraph 18 of the purchased sugar is not defined as the excess of sugar stock seller.
Vi. Declarations and statements of responsibility the applicant 20. Person declaration or the report is not submitted on time or made it imperfect, response to the Latvian Code of administrative offences. 21. the code of administrative offences specified in payment of the fine does not release from the obligation to make a declaration or report. 22. A Person who does not submit to the rules of evidence referred to in point 19, pay a fine of Commission Regulation No 60/2004 article 6(3) within.
VII. final question 23. Regulations shall enter into force by 1 May 2004.
Prime Minister i. Emsis Minister of Agriculture m. rose