Amendments To The Cabinet Of Ministers Of 14 April 2015 Regulation No 192 Of "agriculture And Rural Development Loan Guarantee Program Rules"

Original Language Title: Grozījumi Ministru kabineta 2015. gada 14. aprīļa noteikumos Nr. 192 "Lauksaimniecības un lauku attīstības kredītu garantēšanas programmas noteikumi"

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Cabinet of Ministers Regulations No. 638 in 2016 (27 September. No 48 42) amendments to the Cabinet of Ministers of 14 April 2015 Regulation No 192 of "Agriculture and rural development loan guarantee program rules ' Issued in accordance with the development financial institutions act, article 12 quarter

1. make the Cabinet of Ministers of 14 April 2015 Regulation No 192 of "Agriculture and rural development loan guarantee program rules" (Latvian journal, 2015, 84. no) the following amendments: 1. provisions be supplemented by 1.1 point as follows: "1.1 these rules for granting certain guarantees uses financial institutions public funding available for eur 4 300 000."; 1.2. make 2.1.5. subparagraph by the following: "2.1.5. agricultural and forestry infrastructure development and customization support measures in accordance with Commission Regulation No 702/2014 article 14 and of the Commission of 18 December 2013 Regulation (EC) No 1407/2013 for the Treaty on the functioning of the European Union and article 107.108. application of the de minimis aid (Official Journal of the European Union, 2013 December 24, no. L 352) (hereinafter referred to as Commission Regulation No 1407/2013);"; 1.3. replace paragraph 2.1.7. names and numbers "of the Commission of 18 December 2013 Regulation (EC) No 1407/2013 for the Treaty on the functioning of the European Union and article 107.108. application of the de minimis aid (Official Journal of the European Union, 2013 December 24, no. L 352) (hereinafter referred to as Commission Regulation No 1407/2013)" with the words and figures "Commission Regulation No 1407/2013; 1.4. the deletion of paragraph 3; 1.5. make paragraph 4 by the following: "4. the financial institution grants credit guarantees or guarantees issued by a credit institution which has concluded a civil contract with financial institutions (hereinafter referred to as the agreement). Cooperation agreement of guarantee procedure, as well as compensation and loss reduction measures. In accordance with these terms and the contract of guarantee is a commitment entered into by the financial institution to provide for the credit institution to offset the outstanding principal amount of the credit or guarantee. "; 1.6. to supplement the provisions of this paragraph 5.1.6.: "appropriate forestry 5.1.6. service cooperative society in accordance with the laws and regulations on forestry services cooperative society the necessary documents for registration and screening of this public aid (hereinafter referred to as the appropriate forestry services cooperative society);"; 1.7. to express point 5.3 as follows: "5.3. credit or guarantee the worker has submitted an application in accordance with Commission Regulation No 702/2014 6. paragraph 2 of article, and credit or guarantee a worker who does not satisfy the small and medium enterprises, in addition to the information submitted in accordance with Commission Regulation No 702/2014 article 6(3);"; 1.8. make paragraph 6 by the following: "6. the financial institutions shall not grant the guarantee of: 6.1. Corporation – a corporation or limited liability company (except for the small and medium enterprises, which has been in existence for less than three years), accrued losses if it has lost more than half of its subscribed capital, that is, if the accumulated losses minus from reserves (and all the other positions, which are assumed to be considered as part of the company's equity) a negative result occurs in more than half of the subscribed capital (capital case involves holding the margin); 6.2. the public, especially to a limited partnership, general partnership and in which at least some of the members have unlimited liability for the company's indebtedness (excluding small and medium enterprises, which has been in existence for less than three years), accrued losses if it has lost more than half of the capital, presented in the company's accounting statements; 6.3. the applicant, if it is declared by a Court of insolvency proceedings or the legal protection is implemented in the process, with the decision of the Court is an out-of-court redress process, previous bankruptcy, or the restoration of a suitable composition or economic activity has ended, or whether it meets the legal criteria, on the basis of which the creditors may request the opening of insolvency proceedings; 6.4. guarantee the recipient, if it is received rescue aid but not yet repaid a loan or a guarantee of a reference or if it has received restructuring aid and is still subject to the restructuring plan; 6.5. the guarantee beneficiary if it does not comply with the small and medium business status and if the last two years the company's debt and equity book value ratio is exceeded, but company interest 7.5 coverage ratio, which is calculated after the company's earnings before interest, taxes, depreciation and amortisation (EBITDA), deductions have been less than 1.0; 6.6 this provision 2.1.5, 2.1.7 and 2.1.8.. the aid measures referred to in (a), if a credit or guarantee a worker works in Commission Regulation No 1407/2013 article 1, paragraph 1, "a" and "b" in the sectors referred to in point or out of Commission Regulation No 1407/2013 article 1, paragraph 1, "c", "d" and "e" in point; 6.7. This provision 2.1.8. the aid measures referred to in subparagraph, if the loan or guarantee the worker the Commission of Regulation No 1408/2013 article 1 set out in paragraph 1; 6.8.2.1.6. This provision of the aid measures referred to in subparagraph, if the loan or guarantee the worker the Commission Regulation No 717/2014 1. laid down in paragraph 1 of article; 4.3. If the guarantee provided by the application of these provisions, together with the supporting measures, issued to venture capital funding, with the exception of those rules specified in section 8.2; 6.10. the applicant operates or works in the sectors referred to in the Commission Regulation No 1407/2013 article 1, paragraph 1, and are not clearly separated the eligible actions and financial flows, ensuring that transactions that are turned off by Commission Regulation No 1407/2013 article 1, paragraph 1, do not benefit from the de minimis. "; 1.9. to supplement the provisions under point 8.3 as follows: "8.3. the aid payable in accordance with the laws and regulations on de minimis aid tracking and allocation procedure and de minimis aid form."; 1.10. the express 9. the fourth sentence as follows: "Credit or guarantee a different currency be denominated in euro according to the accounting used in the foreign exchange rate in effect at the beginning of the day, which is a guarantee and the guarantee amount shall be in euro. '; 1.11. to supplement the provisions of this subparagraph with 10.5: "10.5.  2 000 000 euro corresponding to the forestry services co-op society. "; 1.12. the express 13, 14, 15 and 16 of the following: ' 13. a credit institution shall accompany the application: 13.1. credit decision on granting of credit or guarantee credit or guarantee to the worker, including the project assessment of the credit institution, the financial analysis and the calculation of the security; 13.2. a credit or guarantee the worker's financial statements for the last two years, as long as this condition is met is possible, taking into account the credit or guarantee the duration of the worker, and the core financial statements (balance sheet, income statement and cash flow statement); 13.3. credit or guarantee the worker's business plan or equivalent document content; 13.4. loan or guarantee contract workers copies of the European Union or other public support instrument for the use of funds, if the loan taken for the implementation of such projects; 13.5. credit or guarantee the workers fill the form of de minimis aid received in accordance with the laws and regulations on de minimis aid and procedure for the fisheries and aquaculture sector or in accordance with the laws and regulations on de minimis aid and modalities in agriculture, or in accordance with the laws and regulations on de minimis aid tracking and allocation procedure and de minimis aid in the form of samples; 13.6. a natural person a copy of the identity document. 14. financial institution shall calculate the grant equivalent of credit or guarantee to the worker in accordance with these rules for the guarantee issued as the difference between the premiums actually paid and bonus, one should pay an equivalent scheme, which does not support scheme (market premium). If the guarantee lasts more than a year, the difference between the rates are discounted, using European Commission Latvia approved reference rate determined pursuant to the Commission notice on the reference and discount rates, methods of determination review (Official Journal of the European Union, 2008 January 19, Nr. 014 C) which may be added to the base rate 100 basis points. The aid intensity is calculated as the ratio between the gross grant equivalent and the amount of credit, expressed as a percentage. 15. Financial institution within 10 working days of the submission and receipt of documents and on the evaluation and the receipt of the additional information in accordance with the provisions of paragraph 16 of the decision on the grant or refusal of a guarantee. The financial institution has the right to refuse the granting of the guarantee, if:

15.1. a risk assessment more than 1.9 percent; 15.2. giving guarantee exceeded maximum allowable aid intensity laid down in the laws of the European Union on the requirements of the measure concerned; 15.3. give a guarantee, be exceeded in Commission Regulation No 1407/13 paragraph 2 of article 3 set out in the de minimis threshold for one single company that complies with the provisions of Commission Regulation No 1407/13 article 2, paragraph 2 these criteria; 15.4. granting of guarantees, exceeded the Commission's Regulation No 1408/2013 article 3 paragraph 2 set out in the de minimis threshold for one single company that complies with Commission Regulation No 1408/13 article 2, paragraph 2 these criteria; 9.6. giving guarantee exceeded Commission Regulation No 717/2014 article 3 paragraph 2 set out in the de minimis threshold for one single company that complies with Commission Regulation No 717/2014 article 2 paragraph 2 of the criteria listed in. 16. If necessary, the financial institution is required to submit additional information on the rules referred to in paragraph 13 of the document, as well as the financial institution has the right to become acquainted with credit or guarantee the worker's economic activity on the site. "; 1.13. delete paragraph 17; 1.14. Express 18 as follows: "6. Credit or guarantee a worker a one-time fee is applied for the grant or extension of the guarantee credit or guarantee (fee) from 0.5 up to two percent of the amount of the guarantee. The percentage of the amount determined in accordance with the financial institution specified in the guarantee risk factor assessment, the base interest rate – 0.5 percent, plus guarantees of procentpunkto evaluation of the risk in accordance with annex 4 to these regulations. The financial institution has the right to adjust the rate of 0.3 percentage points if it has significant additional information on the implementation of the project. "; 1.15. delete paragraph 19; 1.16. express the point 20 as follows: "article 20 within one month after the issue of the financial guarantee institution in their tīmekļvietn the place the information on a credit or guarantee, the beneficiary of the credit, or the use of the guarantee, the amount of the guarantee and the guarantee of the date of issue. For the guarantee issued in accordance with Commission Regulation (EC) No 702/2014, financial institutions shall ensure the publication of information under Commission Regulation No 702/2014 article 9 paragraph 2. A financial institution's documentation of the issued guarantee for 10 years from the date on which it is granted and the last support, upon request, submit to the European Commission. Beneficiary information on de minimis aid received under these rules, for 10 years from the date of receipt of the aid. "; 1.17. the 21, 22, 23, 24, 25, 26, 27, 28, 29, 30 and 31; 1.18. supplement with 33.1 and 33.2 of the following paragraph: "33.1 support provided under these regulations to December 31, 2020. 33.2 under these provisions guarantee the expected losses, determined in accordance with the development financial institutions act, article 12, third part is financed from the financial institution referred to in paragraph 1.1 of these rules. "; 1.19. Express annex 1 as follows: "annex 1: Cabinet of Ministers of 14 April 2015 Regulation No 192 of guarantee the maximum amount and the maximum aid intensity for one event

Nr. p. k. The event aided activity Guarantee the maximum level of one activity in the maximum aid intensity (%) or maximum de minimis aid (€) Euro 1% of the loan. Investment in farm support measures related to primary agriculture ražošanu1 1.1. Investments in agricultural products intended for the manufacture of new equipment, technique, equipment, information technology and software purchase and installation of 285 000 60 50-90 2 1.2. Agricultural production facility construction, reconstruction and purchase of building materials 50-90 2 712 000 70 1.3. Investments in agricultural products intended for the manufacture of new equipment, technique, equipment, information technology and software purchase and installation, agricultural production buildings construction, reconstruction and purchase of building materials, agricultural service cooperative society, of which the financial institution is recognised as eligible for aid in accordance with the laws and regulations of agricultural service cooperatives the necessary documents for registration and screening of this public support that net sales in the previous year exceeded 7 114 359 euro and in which the number of members on the date of submission of the application shall not be less than 70 agricultural producers 1 708 000 50 50 – 90% 2 2. Investment support measures to the agricultural product processing 2.1. Investment in agricultural products intended for the manufacture of new equipment, technique, equipment, information technology and software purchase and installation, intended for the processing of agricultural products 712 000 50 50-90% 3 2.2. Agricultural products processing structures construction and reconstruction of 285 000 60 50-90% 3 2.3. Investment in agricultural products intended for the manufacture of new equipment, technique, equipment, information technology and software purchase and installation, intended for the processing of agricultural products, processed agricultural products, construction and reconstruction of buildings, as well as the investment in environmental protection to improve the overall performance of the company, an agricultural service cooperative society, which the financial institution is recognised as eligible for aid in accordance with the laws and regulations of agricultural service cooperatives the necessary documents for registration and screening of this public support that net sales in the previous year exceeded 7 114 359 euro and in which the number of members on the date of submission of the application shall not be less than 70 agricultural producers 50-90% 3 3 1 708 000 50. Support for young farmers 3.1. The new Treaty's 143 000 80 70 000 farms, 3.2. Taking over an existing farm owned 72 000 80 70 000 4. Vocational training and information pasākumi1 training and information activities according to the needs of the sector (agriculture, forestry and food processing), including training courses, seminars, workshops, demonstration projects, training material preparation and distribution, as well as other measures 99 601 70 100% 5. Agricultural and forestry infrastructure development and adjustment 5.1. Farm road construction or reconstruction of agricultural production to 72 000 50 50-90 2 objektu1 5.2. Area construction or reconstruction at the agricultural production 43 000 50 50-90 2 būvēm1 5.3. External water supply and electrical supply systems or rekonstrukcija1 57 000 50 50-90% 2 5.4. Drainage system reconstruction and renovation of wooded land: 5.4.1 5.4.2 profitable investments unprofitable 43 000 50 200 0004 investments 43 000 50 200 0004 6. Fishing and aquaculture activities 6.1. Fishing and aquaculture measures 112 5005 or 225 0006 50 30 0004 6.2. Working capital replenishment 112 5005 or 225 0006 70 30 0004 7. Fisheries measures 7.1. Investment in fisheries and aquaculture products intended to be used for new equipment, technique, equipment, information technology and software purchase and installation of 712 000 50 200 0004 7.2. Fisheries and aquaculture structures for the treatment of products in the construction and reconstruction of 285 000 60 200 0004 8. Other activities in rural and agricultural development 8.1. The manufacturing of farm purchases (except animal and agricultural land acquisition) 1 143 000 50 50-90 2 8.2. The acquisition of agricultural land, or 56 2505 112 5006 60 15 0004 8.3. Highly productive animal purchase or 56 2505 112 5006 60 15 0004 8.4. The proportion of ierīkošana1 under 50-90 2 8.5 43 000 50. Working capital replenishment in the primary agricultural producers: 8.5.1. non-agricultural activities agricultural activities 114 000 80 200 0004 8.5.2.56 2505 or 112 5006 80 15 0004 8.6. Working capital replenishment for agricultural service cooperatives and agricultural product processing, 712 000 80 200 0004 8.7. Working capital replenishment agricultural service cooperative society, which the financial institution is recognised as eligible for aid in accordance with the laws and regulations of agricultural service cooperatives the necessary documents for registration and screening of this public support that net sales in the previous year exceeded 7 114 359 euro and in which the number of members on the date of submission of the application shall not be less than 70 agricultural producers 1 500 000 80 200 0004 8.8. Rural tourism and craft activities promoting the 72 000 50 200 0004 8.9. Other activities related to rural and agricultural development, the diversification of activities, or 112 5006 70 15 0004 9 99 601 70 200 0004 56 2505. The guarantees provided by the guarantee the guarantor of economic operators or associations that Field support services logged on in support of the implementation of the common agricultural policy measures 9.1. Export refunds (only if he logged in for the advance payment of the refund) 712 000 80-7 9.2. Butter-buying market intervention – 7 712 000 80 9.3. The buying in of skimmed-milk powder market intervention – 7 712 000 80 9.4. Private storage (only if he logged in for payment of the refund in advance under the Commission on 20 august 2008, Regulation (EC) no 826/2008 laying down common rules on the granting of aid for certain agricultural products for private storage) 712 000 80-7 9.5. Market information and promotion measures for agricultural products – 300 000 80 7 10. Measures for relevant forestry services cooperative societies 10.1. Working capital replenishment for 1 000 000 80 200 0004 10.2. Investment activity: 1 000 000 80 200 0004 10.2.1. forest management and wood preparation and transport machinery purchase timber storage, 10.2.2. sorting and storage area for the construction or reconstruction of the production building 10.2.3. construction for forest wood and non-wood resource processing notes. 1.1 for micro, small and medium-sized companies category is determined in accordance with Regulation No. 702/2014 (see annex I). 2. the aid intensity 2 to 90% – in line with the Commission's March 2014 25 June of the Regulation (EU) No 702/2014, by which certain categories of aid in the agricultural and forestry sectors and rural areas recognised as compatible with the internal market, the application of the Treaty on the functioning of the European Union article 107 and 108 (Official Journal of the European Union, 1 July 2014, no L 193) (hereinafter Regulation No 702/2014) Article 14, paragraph 13. 3. The aid intensity up to 90%, in accordance with Regulation No 702/2014 article 17, paragraph 10. 4. Maximum 4 de minimis aid per beneficiary over three years. 5.5 If the guarantee lasts more than five years, but not more than 10 years. 6. If the duration is 6 to 5 years. 7.7 total activity that does not involve State aid. 8. If you have assigned one credit for the implementation of several activities, the guarantee shall be determined as the sum of the guarantee of each specified activity and calculating the corresponding guarantees interest from credit. "; 1.20. the deletion of 2, 3 and 5 of the annex. 2. the rules shall enter into force on the 1 January 2016 in October. Prime Minister Māris kučinskis Minister of agriculture John Dūklav

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