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Milk Production Quota Allocation And Assignment, As Well As Information Gathering And Administration Arrangements

Original Language Title: Piena ražošanas kvotu sadales un piešķiršanas, kā arī informācijas vākšanas un administrēšanas kārtība

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Cabinet of Ministers Regulations No. 539 in Riga in 2003 (30 September. No 52, 1) milk production quota allocation and assignment, as well as information gathering and administration order Issued in accordance with article 10 of the law on agriculture in the sixth part i. General questions 1. milk production quota (milk quota) distribution and allocation, as well as information gathering and administration procedures.
2. the milk quota is set, the quantity of milk quota year (from 1 April to 31 March). The total allocated to Latvia in the milk production quota for 2004-2005 quota year is 695.3 thousand tons of milk. Milk quota allocation is as follows: 2.1 the deliveries-uncooked, the quantity of milk obtained from one or more of the cows (milk) and in accordance with the requirements laid down in these provisions dairy herd owner (hereinafter manufacturer) sells a company (company a) approved in accordance with the procedures laid down in these provisions and are eligible to purchase the milk (the buyer). Delivery quota for 2004-2005 quota year is 468.9 thousand tons of milk;
2.2. direct sales quota, milk or milk products, expressed in milk (milk equivalent), which the manufacturer sells the consumer direct sales. Direct sales quota for 2004-2005 quota year is 226.4 thousand tons of milk.
3. The amount of milk that is not divided between manufacturers and outstanding milk quota, creates the national milk quota reserve. The national milk quota reserve not less than 1% of the delivery quota and not less than 1% of the direct sales quota.
4. Milk, which the manufacturer intends to consume or use feed, milk quotas is not determined.
5. clarification of milk quotas reserves to provide for not less than 1% of delivery quotas and not less than 1% of the direct sales quota.
6. Milk may be buyers who buy up to November 1, 2003 the national society with limited liability "the national breeding information data processing center" (hereinafter referred to as the data center) has submitted an application in accordance with the provisions of annex 1.
7. in order to deal with the milk quota allocation issues, creates a Commission of seven people. The Commission consists of representatives from milk producers, dairy processors ' organizations, farmer organizations Cooperation Council, data center, the field support service. The personnel of the Commission approved by the Minister of agriculture.
8. the Commission meets once a month (if necessary, may call an extraordinary meeting). The Commission operates in accordance with the procedure laid down in these provisions. The Commission is responsible for the decisions taken.
9. the Commission shall have the following functions: 9.1. assessing milk producers and to the dispute according to the possibilities to find solutions;
9.2. assess buyer compliance requirements and approve it;
9.3. to examine and compile information about the need to clarify the milk quotas;
9.4. consider applications for the allocation of milk quotas or the increase of milk quotas national reserves.
10. meetings of the Commission, chaired by the President of the Commission. The President of the Commission shall be elected from among the members of the Commission. The President of the Commission: 10.1. organizes and directs the work of the Commission;
10.2. the Commission approved the agenda of the meeting and signed the minutes of the proceedings of the Commission;
10.3. convene and chair the meetings of the Commission;
10.4. determines the obligations of the members of the Commission.
11. the Commission shall be valid if the hearing, at least four members of the Commission. Decisions shall be taken by a simple majority. If the vote is tied, the Chairman shall have a casting vote.
12. meetings of the Commission are recorded.
13. the Commission's secretariat functions make data center.
14. the Commission during the month following the submission of the registration of the buyer data center examined the documents submitted and take a decision on the approval or non-approval of the purchaser. The data center will inform the buyer in writing of the Commission's decision.
15. the Ministry of Agriculture approved buyers list shall be published in the newspaper "journal".
16. the manufacturer, not exceeding the milk quotas assigned, may contract with one or more buyers.
 
II. allocation of milk quotas and allocation 17. Data Center each producer individually calculated milk quota shall be granted once.
18. Milk quota calculation uses the following data center information on the quantity of milk marketed by the manufacturer database (reference) year (period from 1 October 2002 to 30 September 2003): 18.1. the information submitted by the buyer for the quantity of milk marketed by the manufacturer (kg);
18.2. the information provided by the manufacturer for the direct sales of milk marketed quantity (kg).
19. Data Center compares the milk producers register data with animal and herd registration data.
20. each producer base (reference) year sold milk for processing down average milk fat content (percentage) (hereinafter referred to as the average fat percentage).
21. the average fat percentage using the vienprocentīg methodology of milk, shall be calculated as follows: 21.1. sold each month in the milk fat content (percentage) are multiplied by the respective month the quantity of milk sold (kg);
21.2. the resulting numbers (i.e., vienprocentīg milk) counts and the amount is divided by the total quantity of milk sold. The result of the Division is the average fat percentage.
22. If the base (reference) year fixed average fat percentage (4.07) country is less than the actual average fat percentage in the country, the national milk quota reserve from total milk quota, including the amount to cover the average result of smoothing and actual milk fat percentage difference and to each producer sold milk calculated average fat percentage should be reduced accordingly.
23. The unused milk quota for milk quota for turning off the national milk quota reserve.
24. If the base (reference) the quantity of milk sold in the year exceeds the allocated amount of milk quotas, to be allocated to each producer delivery quota and/or direct sales quota shall be determined using the following formula: EPKD IPK = RRD (2002.1.10.-2003.30.09.) x – – – – – – where the manufacturer's individual RFD IPK — milk quota (kg);
RRD — manufacturer's base (reference) year milk quantity sold (kg);
EPKD — supply quotas allocated to Latvia (kg) (after the national milk quota reserve and deduction of the quantity of rectified);
RFD: a country actually sold, the quantity of milk (kg) base (reference) year.
25. the manufacturer who sells milk or milk products direct sales until 15 November 2003 the data center report in accordance with the provisions of annex 2.
26. Direct sales of dairy products sold is expressed in milk equivalent, subject to this provision in annex 2 these conditions.
27. Where a manufacturer who has direct sales quota sold dairy products in milk equivalent is expressed using a different method (instead of the rule in annex 2 these conditions), he based on documents.
28. By milk producers in accordance with these rules shall be sent to the data center, recognized as valid if they are sent: 28.1. these provisions within this (shipment date of postal stamp);
28.2. they have supplied all the information requested;
28.3. they are filled in clearly is not deleted or deleted;
28.4. they show the fill date and (or) they were signed.
 
III. the milk quota administration 29. Milk quota is administered by the buyer and the data center.
30. The buyer every month until the tenth date for every producer Data Center sends the following information for the previous month: 30.1. electronically: 30.1.1. milk quota registration number;
30.1.2. herd registration number;
30.1.3. milk bought in quantity (kg);
30.1.4. purchased milk fat content (as a percentage) that is defined in the accredited laboratory of milk;
30.2.30.2.1. writing: the total quantity of milk purchased (kg);
30.2.2. quantity (kg) of milk, which is processed;
30.2.3. milk quantity (kg) sold for other processing companies (companies);
30.2.4. milk quantity (kg) purchased from other processing companies (companies);
30.2.5. the company imported the milk quantity (kg).
31. Data Center: 31.1. maintain milk producers register;
31.2. collects the milk delivery and direct marketing data;
31.3. the calculation of delivery quotas and direct sales quotas;
19.5. the manufacturer shall send a statement of the milk quota allocated;
31.5. record;
19.6. inform the buyer about total milk quotas;
19.7. the quotas for the country by the end of the year the quota of supply, taking into account the actual fat content of milk delivered (in percent) against the average fat percentage. The alignment is carried out using the following formula: IPD = (FTP-VTP) x 0.18 x PPD that IPD – fully milk;
FTP — actual fat percentage with which the milk is sold;
VTP-average fat percentage;
PPD-delivered milk quantity (kg);
— coefficient 0.18;
19.8. monitor the contracting and delivery of milk quotas.
32. Data Center until 2003 December 15, the manufacturer sends the statement of the milk quota allocated (annex 3).

33. If the milk quota allocated to the producer not satisfied, he has the right to 15 January 2004, to apply to the data center with the submission. Manufacturer based in the application need to clarify the milk quota allocated and affirming their documentary.
34. the manufacturer shall provide data center: 34.1. If necessary specify the delivery quota — statement from the buyer on the base (reference) year a quantity of milk sold per month;
21.3. If necessary specify the direct sales quota: 34.2.1. According to the laws of business arrangements, documents or copies of them, which shows sales of milk or dairy products, if the manufacturer is a taxable person;
34.2.2. farm records of carried out the acquisition and marketing of milk base (reference) year if the manufacturer is not the taxpayer.
35. If the manufacturer up to 15 January 2004, the data center those provisions referred to in paragraph 34 of documents, the Commission shall examine the question of quotas for clarification. If the Commission adopts the decision on milk quotas, fine-tuning the data center to the manufacturer sends a new statement of the milk quota allocated (annex 3).
36. If the manufacturer fails to submit the provision referred to in paragraph 34 of the document, the Commission may decide: 36.1. for quota allocation. In this case, the milk quota is determined by using the following method: 36.1.1. If milk producers, the cows are holding the average milk yield shall be multiplied by the number of cows in monitoring;
36.1.2. If milk cows is not the manufacturer, under the supervision of the national average milk yield of cows in the monitoring shall be multiplied by the milk cows owned by the producer;
36.2. the refusal to grant a quota.
37. The Commission shall, by 30 June 2004 January clarified milk quotas and sent to the manufacturer for information about updated milk quota.
38. The buyer: 38.1. each year, before 1 March in the center of data submitted to the conclusion of the contract of buying milk list (annex 4);
38.2. the quota year shall monitor the manufacturer's supply quota performance under the contract concluded;
23.8. once a month, notify the manufacturer in writing on the delivery quota (if carried out, the information transmitted before and after equalization);
23.9. the quota at the end of the year your company within the proportion between the producers allocated unused quotas of supply, taking into account the milk quota allocated to its implementation;
38.5. each year, before 15 may after unused milk quota in proportion to the distribution of transmitted data center statement on each producer delivery quotas (annex 5).
39. the manufacturer each year up to May 15 for data center sends the Declaration of direct sales quotas (annex 6).
40. The quota year, the manufacturer of milk quotas can be executed completely or partially. If the manufacturer of the milk quota allocated to the execution of 70% or less, the milk quota for next year be reduced by 5% and decrease the national reserve shall not be granted to the manufacturer for reimbursement.
41. in paragraph 40 of these regulations, these 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: 25.5. food and veterinary service statement: 41.1.1. forcibly remove animals;
41.1.2. for fire, flood and other natural disasters killed due to animals;
41.2. the body issuing the certificate of contingencies resulting from force majeure (force majeure).
42. A producer may sell the milk to a buyer if it complies with this provision 14. the condition laid down in paragraph 1.
43. From the national milk quota reserve is granted to a producer of milk quotas or increase its volume, if the producer base (reference) year or quotas during the year has expanded its herd of 10 cows or dairy and more invested in the development of the dairy sector 10000 dollars and more.
44. the manufacturer submissions on milk quotas or the amount of the increase in national milk quotas reserves examined once a year.
45. If the manufacturer wishes to acquire milk quotas from the national milk quota reserve or to increase the milk quota, he each year up to February 1, data center application and submit documents proving: 45.1. a holding invested in investment;
45.2. dairy cows and the number of places before and after the start of the investment;
45.3. the anticipated increase in milk production;
28.2. dairy cows and the number of places on the base (reference) year or the beginning of the quota year.
46. The Commission shall examine the application and decide on the allocation of milk quotas from the national reserve or milk quota increases. Data Center until March 1 to send to the manufacturer for information about the Commission's decision.
47. where a manufacturer of milk quotas from the grant of the national milk quota reserve and was not above average fat percentage, average fat percentage down 3.8%. If the manufacturer is doing dairy, analysis shows that the actual fat content of milk is different, the average fat percentage adopt proven actual producer milk fat content.
48. If the milk quota, which producers want to get from the national milk quota reserve, is not greater than the national milk quota 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 milk quota reserve, it shall be reduced on a pro rata basis to all applicants.
49. the Centre and the Commission decision on the allocation of milk quotas, the approval of the purchaser, the clarification of milk quotas, the distribution of the national reserve and milk producers dispute can be appealed before the administrative process of regulatory legislation.
 
IV. final question 50. provisions lapse with special cabinet rules.
Prime Minister e. Repše Minister of Agriculture m. Roze Editorial Note: rules shall enter into force on October 4, 2003.