Cabinet of Ministers Regulations No. 550 in Riga, July 12, 2011 (pr. No 43 21) provisions on the cooperation between the institutions of the Treaty on the functioning of the European Union in the framework of the infringement procedure and before the initiation of an infringement procedure Issued under Cabinet installations Act article 31, first paragraph, point 3 i. General questions 1. determines: 1.1. procedures be coordinated and approved by the Republic of Latvia in response to the European Commission (hereinafter the Commission) information request received prior to the initiation of the infringement procedure (hereinafter referred to as the answer);
1.2. the procedure shall be coordinated and approved by the Republic of Latvia's position on the Treaty on the functioning of the European Union (hereinafter referred to as the Treaty), and 259.258.260. the infringement procedure provided for in article (hereinafter referred to as the infringement procedure) the pre-trial process (position) project.
2. in the draft prepared by the Commission, using the ' EU pilot ' system, sent to the Ministry of Justice as the Central Republic of Latvia (hereinafter Latvia) the focal point of the request for information on the application of European Union law or the national legislation of Latvia in compliance with European Union law.
3. the position of project development, to express the official views of Latvia and the effective protection of the interests of Latvia, if: 3.1 the Commission, on the basis of the Treaty or article 258.260, has launched an infringement procedure against Latvia and taken one of the following: 3.1.1. sent formal notification (formal letter) or additional formal notification (for more formal letter).
3.1.2. delivered a reasoned opinion or additional reasoned opinion;
3.2. the Commission has invited Latvia to submit their observations by the Treaty article 259 of the pre-trial procedure (hereinafter referred to as the agreement procedure provided for in article 259);
3.3. Latvia is going to launch the contract procedure provided for in article 259 against another Member of the European Union.
4. On the position of the project and the preparation of the draft reply of the Ministry, which is responsible under the law for the Ministry and other institutions of the European Union jurisdiction issues, relevant bodies of the rules and other regulations specified competencies-distribution is responsible for the legislation of the European Union or of the application for which has been sent to the Commission's request for information or a proposed infringement procedure (hereinafter referred to as the responsible Ministry).
5. If it is not possible to determine one of the responsible Ministry, the ministries concerned shall determine by mutual agreement. If the agreement fails to get the Ministry of justice the question of the determination of the responsible Ministry cabinet order regulating the circulation of documents, regulations established shall be submitted to the Secretary of the meeting.
6. The Ministry of Justice: coordinated response 6.1. preparation and delivery of the project;
6.2. twice a year, shall submit to the Cabinet of Ministers information report (report) of Latvia, a Member State of the European Union – the obligations and proposed infringement procedures;
6.3. coordinated the preparation of the draft of the position and submit to the Cabinet of Ministers;
6.4. is created and maintained by the Commission in the infringement procedure notification system (hereinafter the notification system) the central institution in Latvia.
7. the responsible Ministry delegate representative to coordinate the responses within the project and preparation of draft position and subject to the competence of the Ministry responsible for the provision of other information Ministry of Justice in connection with a request for information by the Commission or person for the infringement procedure. The Ministry responsible for the delegated representative shall inform the Ministry of Justice. If the responsible Ministry delegate another representative of the changes, it will immediately inform the Ministry of Justice.
8. the movement of information in connection with the infringement procedures in the things going on, with the European Union legislation and implementation of the transfer of control information system.
9. Documents prepared in response to the Commission's request for information received prior to the initiation of the infringement procedure and the documents of the case within the framework of the infringement procedure is regarded as limited availability information until the day when the ' EU pilot ' system sent thing or use of the infringement procedure is terminated or until the matters referred to the entry into force of final Court of Justice of the European Union (hereinafter the Court) ruling. Responsible Ministry, in some cases, to prepare the draft position or answers may be issued the draft experts the documents referred to in this paragraph.
II. preparation of a draft response 10. The Ministry of Justice, these rules referred to in point 1.1 the Commission's request for information on the issues affecting the European Union law enforcement or compliance with the Latvian law, European Union law, was immediately transmitted electronically to the competent Ministry official electronic mail address and the Ministry responsible for the delegated representative, indicating the response project preparation. The Ministry of Justice answers the project preparation is established so that the reply is submitted within a period to be fixed by the Commission taking into account weekends and holidays, but not earlier than three weeks prior to the response deadline the Commission.
11. the control of the Ministry of Justice to draft the response be prepared within the prescribed period and, if the time limit laid down by the Ministry has not sent it to the Ministry of Justice, the Ministry responsible for sending the reminder.
12. the Ministry in charge of the response project and accompanying documents sent electronically to the Ministry of justice reconciliation.
13. The Ministry of Justice week evaluated the response of the legal reasoning of the project. If it is inappropriate or insufficient, the Ministry of Justice asked the responsible Ministry to clarify the answers and deliver proposals to remedy the deficiencies found.
14. The Ministry of Justice with the Ministry coordinated the response no later than two working days after its receipt, transmit to the Commission, putting it in the "EU pilot" System.
III. preparation of draft position 15 in the permanent representation of the Republic of Latvia in the European Union (hereinafter referred to as the Agency) formal notice from the Commission, more formal notification of the reasoned opinion or additional receipt of the reasoned opinion is recorded immediately and no later than the following working day electronically, as well as the Ministry of Justice transmits a copy to the Ministry responsible for the knowledge of the specialized Attaché.
16. The Ministry of Justice shall promptly, but not later than two working days after the Commission's formal statement, more formal notification of the reasoned opinion or additional reasoned opinion from the representative recorded it and place the European Union legislation and implementation of the transfer of control information system, indicating the time limit within which the responsible Ministry should prepare draft position, aligned with the rules in paragraph 28 of the said institutions and must be submitted to the Cabinet for consideration. The Ministry of Justice, these time limits shall be laid down in such a way as to draft position would be submitted to the Commission within the prescribed time limit, taking into account holidays and public holidays, as well as Cabinet documents, regulatory laws and requirements.
17. Where it is provided that the breach will be completely removed after the deadline established by the Ministry of Justice for the preparation of draft position according to the rules referred to in paragraph 16 of the terms and the extension does not endanger the timely submission of the position of the Commission, the Ministry of Justice can extend the position of project preparation and coordination.
18. The Ministry of Justice controls the preparation of the draft of the position and, if the responsible Ministry positions within the time limit set for the project are not prepared or submitted for consideration by the Cabinet of Ministers, the Ministry responsible for sending the reminder.
19. further to the Commission's formal statement, additional formal notice, reasoned opinion or additional reasoned opinion, the responsible Ministry immediately: 19.1. Notes, or to be taken and the measures to prevent infringement (for example, the law requires the development of the project, I want to send the notification of national implementing measures to the Commission), shall determine the period within which the measures are taken, and started taking such measures;
19.2. the authorities involved and, if necessary, establish a working group for the preparation of the position, which shall include representatives of the participating institutions;
19.3. the position of the start project development.
20. the participating institutions are: 20.1. The Ministry of Justice – in all cases;
20.2. The Ministry of finance – if a position should the draft questions without prejudice to national or local government budget or if this rule 19.1. the implementation of the measures referred to in point has a financial impact on the State budget or local budget;
20.3. The protection of the environment and regional development Ministry in the fall, when the draft position questions concern the competence of the municipal or local government budget or if this rule 19.1. the implementation of the measures referred to in point has a financial impact on the municipal budget;
20.4. other State institutions – if draft position should match their competence issues.

21. The Ministry of Justice or Ministry responsible for two to four weeks after the formal notice from the Commission, more formal notification of the reasoned opinion or additional registration date of the reasoned opinion of the meeting may be convened in conjunction with the preparation of draft position. The Meeting decides whether the responsible Ministry prepared draft position be included in legal reasoning is appropriate and sufficient.
IV. the position of project design 22. Position the project presented under this provision specified in annex 1 of the position of the form. Form: 22.1. position distribution (Commission);
22.2. or position, prepared in response to the formal notification, additional formal notice, reasoned opinion or additional reasoned opinion, as well as formal notification that additional formal notification of the reasoned opinion or additional reasoned opinion date and number;
22.3. the Commission's formal statement, more formal notification of the reasoned opinion or additional brief outline of the reasoned opinion;
22.4. the essence of the position indicating the following information: 22.4.1. If a violation is found, what measures are being taken to prevent a breach, what measures and what deadlines planned, as well as what their expected results;
22.4.2. If the infringement is not recognised, expand the legal reasoning, why the Commission formal notice, additional formal notice, reasoned opinion or additional reasoned opinion is justified;
22.5. documents attached to the attachment (if any);
22.6. the location of the Minister's signature.
23. If the draft position indicates that the legislation is planned in the project preparation and adoption, it shall also indicate which phase of the Act project is located (for example, opened a meeting of Secretary of State), the period within which the draft legislation provides for the adoption, as well as the Web site (if any), which you can get acquainted with the draft legislation. If the Ministry considers it necessary, it added to the legislative proposal in the annex.
24. If an infringement prevention need to take concrete measures (including the development of draft legislation), the responsible Ministry draft position attached to the Cabinet of Ministers sitting in the draft protokollēmum down tasks the Ministry responsible for a specified period to take concrete measures for the prevention of irregularities.
25. the position of the project, submitting it for consideration by the Cabinet of Ministers, accompanied by an informative message if: 25.1. draft position has been prepared in response to the reasoned opinion or additional reasoned opinion, except where the offence intended to prevent up to the time limit laid down in the reasoned opinion;
25.2. the position of the project has been prepared in response to the formal notice or additional formal statement, but the position of the measures contained in the draft are necessary for the implementation of the State budget or local budget;
25.3. the applicant or the Ministry of Justice considers it necessary.
26. the Informative reports shall specify: 26.1. information that is not contained in the document to be sent to the Commission, if any (for example, on the other, the position of the Member States of the European Union, on the prevention of the infringement, the measures to be taken, a forecast of the continuation of the infringement procedure and consequences);
26.2. for information on this provision 22.4.1. the implementation of the measures referred to in subparagraph requires the State budget or local budget funds and sources of acquisition.
27. the Ministry is considering whether the reasoned opinion or additional reasoned opinion included threats can affect the European Union's structural and cohesion fund projects, and inform the Finance Ministry, indicating the possible effects, as well as adding a reasoned opinion or additional reasoned opinion.
V. coordination of draft position 28. Responsible Ministry draft position and the documents annexed thereto shall be sent for an opinion: 28.1. The Ministry of Justice;
28.2. The Ministry of finance – if draft position issues contained in the State budget or local budgets or if this provision 22.4.1. implementation of the measures referred to in point has a financial impact on the State budget or local budget;
28.3. The protection of the environment and regional development Ministry to be included in the draft position – if the questions concern the competence of the municipal or local government budget or if this provision 22.4.1. implementation of the measures referred to in point has a financial impact on the municipal budget;
28.4. other institutions – if draft position includes questions relevant to their competence.
29. The Ministry of Justice after receiving the draft position for an opinion immediately in writing to the Parliamentary Commission for European Affairs and the Parliamentary Commission responsible for the draft law, if necessary to prevent violation of the adoption of the draft law.
30. the institutions evaluate and, within their competence, shall deliver an opinion on the position of the project and the documents annexed thereto during the week or, if the position of the project coordination is urgent, the Ministry responsible for a period of not less than two working days.
31. the opinion shall mention the objections and proposals. The proposals are recommendations.
32. in giving its opinion on the position of the project and the attached documents, the Ministry of Justice shall evaluate: 32.1. or the measures provided for in draft position (this provision 22.4.1.) are appropriate and sufficient to prevent the infringement.
32.2. the position contained in the draft or legal reasoning (this rule 22.4.2) is appropriate and sufficient;
32.3. the position of the project design.
33. If the institution quietly supported the position of the project and accompanying documents or in its opinion on the draft of the position expressed just proposals or have not provided the opinion that the time limit referred to in paragraph 30, the draft position is considered consistent, and responsible Ministry to submit to the Cabinet.
34. If opinions have indicated opposition to the responsible Ministry, take one of the following: 34.1. take into account the objections and prepare draft position for submission to Cabinet;
21.3. in order to reach agreement on the statement of objections, which are not taken into account or are partially taken into account, shall convene the inter-agency meeting, inviting representatives of bodies that draft position was sent for an opinion.
35. If the position of the project, the objections expressed are fully taken into account, or they are agreed by the meeting of the interinstitutional, the responsible Ministry position in the project shall be submitted to the Cabinet.
Vi. consideration of the draft position in Cabinet 36. Responsible Ministry position in the project shall be submitted to the Cabinet.
37. the position of the project signed by the responsible Ministry, submit to the Minister the Cabinet meeting without visas, officials without information about the project and without the originating Editor's header and footer.
38. the position of the project can be submitted to the Cabinet meeting, according to the rules of procedure referred to in paragraph 34.2. If the draft position is urgent and in relation to the adverse effects of State interventions need to address the issue immediately.
VII. submission by the Commission of the position After position 39. project approval in the Cabinet of Ministers of the State Chancellery of the electronic version of the position and attachments (if any) shall immediately forward to the Ministry of Justice. The Ministry of Justice, through the notification system, the position immediately, but not later than on the working day following the day of its receipt shall be sent to the Commission.
40. After the transmission to the Commission of the position of the Ministry of Justice shall inform the Ministry and missions.
41. after the position was approved and sent to the Cabinet of Ministers, the Commission further additional information on measures taken to eliminate irregularities, the competent Ministry shall transmit to the Commission either directly or through the notification system. If, after the transmission to the Commission of the position of the Commission has received the news of its intention to apply to the Court against Latvia and responsible Ministry considers that the infringement is fully resolved, the responsible Ministry within five working days after the date of receipt of that information the Commission shall draw up the letter with a request to terminate the infringement procedure and does not go to court. The letter specifies when and what measures are being taken to prevent a breach, and what are the effects of such measures.
VIII. Specific requirements provided for in article 259 of the Treaty, the procedure for the preparation of draft position, coordination, design and verification of 42. If Latvia initiates the contract procedure provided for in article 259 against other European Union Member State or receives the Commission's invitation to comment in a case in which another Member State of the European Union has launched against Latvia agreement procedure provided for in article 259 shall apply these rules set out the position of project preparation, coordination, design and review the procedures in this chapter, unless otherwise specified.
43. Article 259 of the agreement, the procedures provided for in draft position is prepared, if the violation affects the essential: 43.1. Latvia's interests;
43.2. have exhausted all the diplomatic dispute resolution options;
43.3. the Ministry of Foreign Affairs and the Ministry of Justice agrees with the launch of the contract procedure provided for in article 259.

44. If the Ministry finds that other European Union Member State has failed to fulfil an agreement or Treaty on European Union obligation, it may propose to launch against the Member of the European Union Treaty the procedure provided for in article 259. Before the procedure provided for in article 259 of the position of the Ministry in charge of the preparation of the draft forwarded by the Ministry of Foreign Affairs and Ministry of Justice proposal to launch the contract procedure provided for in article 259. The proposal indicates the exact violation of legal and factual circumstances, the reasons provided for in article 259 of the contract initiation, as well as the responsible behaviour of the Ministry added the documents confirming these facts.
45. the Ministry of Foreign Affairs by the rules referred to in paragraph 44 of the receipt of the proposal two weeks assessed the contract referred to in article 259 of the initiating foreign policy and diplomatic consequences, and give an opinion on a proposal of the Ministry responsible for the launch of the contract procedure provided for in article 259 against the Member of the European Union.
46. The Ministry of Justice after the provision referred to in paragraph 44 of the receipt of the proposal, based on the information provided by the responsible ministries and documents two weeks assessed the validity of the legal reasoning and gives its opinion on the proposal of the Ministry responsible for the launch of the contract procedure provided for in article 259 against the Member of the European Union.
47. If the contract provided for in article 259 of the procedure initiated against Latvia, the position of the project presented under this provision in annex 2 the specified position in the form. Form: 29.3. position distribution (Commission);
47.2. the information that the position was prepared in response to another Member State of the European Union Treaty opened the procedure provided for in article 259 against Latvia;
47.3. a summary of the short position;
47.4. detailed and accurate possible irregularities in the actual and legal conditions;
47.5. a reasoned assessment of the recognition or non-recognition of the infringement. If the violation is found to indicate what measures are being taken to prevent a breach, what measures and what deadlines planned, as well as what are the expected results of these measures. If the infringement is not recognised, the extended legal basis on which the Treaty initiated the procedure provided for in article 259 was not justified;
29.6. other information the responsible Ministry, the Ministry of Justice or the Ministry of Foreign Affairs considers necessary;
29.6. the position of the attached document in the annex;
47.8. place the Minister's signature.
48. If Latvia initiates the contract procedure provided for in article 259 against another Member of the European Union, draft position shall be made according to the rules specified in annex 3 of the position of the form. Form: 29.9. distribution of the position of the (Commission);
48.2. the information that the position of the prepared contract procedure provided for in article 259;
48.3. the position of short summary;
48.4. details of the alleged infringement and accuracy the actual and legal conditions;
30.1. advanced legal grounds provided for in article 259 of the contract initiation;
30.2. any other information that the responsible Ministry, the Ministry of Justice or the Ministry of Foreign Affairs considers necessary;
30.3. the position of the attached document in the annex;
30.3. the location of the Minister's signature.
49. That rule 47 and 48 to the position referred to in paragraph shall be accompanied by an informative message. Informative reports shall specify the following: 49.1. information that is not contained in the document to be sent to the Commission, if any (for example, diplomatic and legal consequence assessment, information about the different positions of the Member States of the European Union, on the prevention of the infringement, the measures to be taken, a forecast of the continuation of the infringement procedure and consequences);
30.6. If Latvia admit infringement-information on necessary State budget or local budget funds and acquisition sources, to take measures for the prevention of irregularities.
50. This rule 47 and 48 above the position of the project adds cabinet meeting protokollēmum project with a mandate to represent Latvia in the negotiations with the Commission.
51. The mandate to represent Latvia in the negotiations with the Commission does not include the authority to represent the Court. If, after the contract procedure provided for in article 259 of the completion of Latvia decides to go to court or courts are seised against Latvia, the position of the project developed and approved in accordance with the laws of the Republic of Latvia to the position of project development and representation in court, and the European Free Trade Association Court.
52. This provision, 47 and 48 of the position of the project referred to in paragraph 1 in addition to the provisions of paragraph 20 of the said institutions shall coordinate with the Foreign Ministry.
IX. final question 53. Be declared unenforceable in the Cabinet of Ministers of 20 November 2008. Regulation No 953 "the position of the Republic of Latvia to the draft Treaty on the functioning of the European Union in the framework of the infringement procedure for the preparation, coordination and approval of the agenda" (Latvian journal, 2008, no. 183; 2009, no 149; 2010, 72 no).
Prime Minister – the Minister of Justice, Minister of Interior artist duties a. Štokenberg, Minister of culture S. 1. Ēlert attachment Cabinet July 12, 2011 regulations No 550 model form of the position of the European Commission Secretariat General (SG-R2) 1049 Brussels Belgium [Date1] To the formal statement/additional formal notice/reasoned opinion/additional reasoned opinion in case of the infringement procedure no [case number] 1. The Republic of Latvia has received European Commission [date, formal notification/communication/additional formal/additional reasoned opinion of the reasoned opinion of the case, the infringement procedure No.] where norādīts2:1.1 1.2 1.3 2. Republic of Latvia in response to the [date, formal notification/communication/additional formal/additional reasoned opinion of the reasoned opinion of the infringement procedure in case no] provide the following: 2.1 2.2 2.3 informāciju3.
 Pielikumā4:1) 2) Minister [V.] notes. 1 full date notation in the fold, for example, January 1, 2011. 2 formal communication of the European Commission's formal notice/optional/additional reasoned opinion/reasoned opinion short content, dividing it in numbered paragraphs. 3 Position (reasoning)-indicates Cabinet July 12, 2011 No. 550 of the provisions of the "rules for cooperation between the institutions of the Treaty on the functioning of the European Union in the framework of the infringement procedure and before the initiation of an infringement procedure" 22.4.1. and 22.4.2. information referred to in point. 4 Position in the annex attached document number with the serial number to indicate the document title and page number (such as 1) Bill "X" on the 4 lp.
Culture Minister s. Ēlert annex 2 Cabinet-July 12, 2011 regulations No 550 positions example form (Member State of the European Union has launched the Treaty on the functioning of the European Union article 259 of the infringement procedure provided for in the pre-trial process in Latvia) of the European Commission Secretariat General (SG-R2) 1049 Brussels Belgium on the [name of the Member State concerned] 1 2 [date] the European Commission submitted to the [complaint or claim] 3 against the Republic of Latvia, Republic of Latvia in response to [the name of the Member State concerned] 1 2 [date] the European Commission submitted to the [complaint or claim] 3 against the Republic of Latvia on the basis of the Treaty on the functioning of the European Union article 259, the following informāciju4:1.2.3. Pielikumā5:1.2. Minister [V.] notes. 1 Full in the name of a Member State of the European Union. 2 full date notation in the fold, for example, January 1, 2011. 3 choose the appropriate word. 4 Position (reasoning)-indicates Cabinet July 12, 2011 No. 550 of the provisions of the "rules for cooperation between the institutions of the Treaty on the functioning of the European Union in the framework of the infringement procedure and before the initiation of an infringement procedure" 47.2 47.3 47.4,.,.,., and 47.5 47.6. the information referred to in point. 5 Position attachment attached document number with the serial number to indicate the document title and number of pages.
Culture Minister s. Ēlert annex 3 Cabinet July 12, 2011 regulations No 550 positions example form (Latvia launched the Treaty on the functioning of the European Union article 259 of the infringement procedure provided for pre-trial proceedings against another Member of the European Union) the European Commission Secretariat General (SG-R2) 1049 Brussels Belgium Republic of Latvia [or position] 1, submitted by the European Commission, on the basis of the Treaty on the functioning of the European Union article 259 against [the name of the Member State concerned] 2 of the Republic of Latvia on the basis of the Treaty on the functioning of the European Union article 259 shall be submitted to the European Commission in the [complaint or position] 1 to [the name of the Member State concerned] 2 [short complaint or statement of grounds position] 3:1.2.3. Pielikumā4:1.2.3. Minister [V.]

 The notes. 1 Select the appropriate name. 2 the full name of the Member State concerned. 3 Position (reasoning)-indicates Cabinet July 12, 2011 No. 550 of the provisions of the "rules for cooperation between the institutions of the Treaty on the functioning of the European Union in the framework of the infringement procedure and before the initiation of an infringement procedure," 48.4 48.3 48.2.,.,.,., and 30.2 30.1. the information referred to in point. 4 Position in the annex attached document number with the serial number to indicate the document title and number of pages. 
Minister of culture of the Ēlert.