The Procedure Is Administered And Monitored By National And European Union Support For Agriculture, Rural Development And Fisheries By Creating A Credit Fund

Original Language Title: Kārtība, kādā tiek administrēts un uzraudzīts valsts un Eiropas Savienības atbalsts lauksaimniecībai, lauku un zivsaimniecības attīstībai, izveidojot kredītu fondu

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Cabinet of Ministers Regulations No. 664, in Riga, 20 July 2010 (pr. No 37 50) procedures are administered and monitored by national and European Union support for agriculture, rural development and fisheries, created a Fund of credit issued under the agricultural and rural development Act article 5 the seventh part i. General questions 1. determines the order in which are administered and monitored by national and European Union support for agriculture, and the procedures are administered and monitored by national and European Union aid for rural and fishery development by creating a credit fund (hereinafter referred to as the loan fund).
2. The objective of the aid is to promote the availability of credit resources: 2.1. agricultural and rural investment projects implemented according to: 2.1.1. Council of 20 September 2005 Regulation (EC) No 1698/2005 on support for rural development by the European agricultural fund for rural development (EAFRD);
2.1.2. the Commission's 2006 December 15, Regulation (EC) No 1974/2006 laying down detailed rules for the application of Council Regulation (EC) No 1698/2005 on support for rural development by the European agricultural fund for rural development (EAFRD) (hereinafter referred to as Commission Regulation No 1974/2006);
2.2. the fisheries development investment projects implemented according to: 2.2.1. Council of 27 July 2006, Regulation (EC) no 1198/2006 on the European Fisheries Fund;
2.2.2. the Commission's 26 March 2007 Regulation (EC) No 498/2007 laying down detailed rules for the implementation of Council Regulation (EC) no 1198/2006 on the European Fisheries Fund (hereinafter referred to as Commission Regulation (EC) No 498/2007).
3. the credit fund supports eligible applicants whose application is the project outline Field support services and decides on the conformity of the application of the draft administrative evaluation criteria and public funding requirements under one of the following regulations: 3.1, arrangements for granting state aid in the European Union and open project submissions in the form of a competition event "modernisation of agricultural holdings";
3.2. national and European Union aid for rural development rural development programme for Latvia measure "agricultural added value";
3.3. the procedures for granting state aid in the European Union and open project submissions in the form of a competition measure "support for business creation and development (including non-agricultural diversification of activities)";
3.4. the procedures for granting state aid in the European Union and open project submissions in the form of a competition event "promotion of tourism activities";
3.5. the procedures for granting state aid in the European Union fisheries development project submission open competition in the form of the measure "investments in aquaculture enterprises";
3.6. the procedures for granting state aid in the European Union fisheries development project submission open tender way measure "fishing and aquaculture products".
4. Credit lending by the Fund may not get the support of the applicant, which complies with Commission Regulation No 1974/2006 Article 51, paragraph 3, of the ailing economic operator status.
5. The rules referred to in subparagraph 3.4 regulatory acts specified in measure of credit loan fund de minimis aid considers the amount, between the reference rate established in accordance with the Commission communication on the reference and discount rates, methods of determination review (Official Journal of the European Union, 2008 January 19, C14, p. 6), and the rate at which the loan is granted particular support to the applicant and support is provided in accordance with the Commission on 15 December 2006, Regulation (EC) No 1998/2006 on 87 and 88 of the Treaty. application of article de minimis aid (Official Journal of the European Union, of 28 December, no. 379, p. 5-10). The rest of the rules referred to in paragraph 3 by the following measures on the loan fund is considered to support the interest rate difference between the reference rate established in accordance with the Commission communication on the reference and discount rates, methods of determination review (Official Journal of the European Union, 2008 January 19, C14, p. 6), and the rate at which the loan is granted particular support to the applicant.
6. Credit Fund is financed from the State, the European agricultural fund for rural development and the European Fisheries Fund funds. Credit fund available total funding consists of the total amount of: 6.1. up to 40 percent from March 1, 2010. This provision, fixed in 3.1, 3.2, 3.3 and 3.4. regulations referred to the measures indicated in the European agricultural fund for rural development of the balance of the public funding that is not reserved under the registered project submissions that rule 3.1, 3.2, 3.3 and 3.4 above said laws in specified activities;
6.2. to 40 percent from March 1, 2010, the European Fisheries Fund, fixed direction "aquaculture, inland fishing waters, fisheries and aquaculture product processing and marketing" of the balance of the public funding that is not reserved under the registered project submissions to this provision 3.5 and 3.6 above said laws in specified activities.
7. Financial resources the Foundation of credit directed rounds. Each round of credit funds of the Fund and the row broke, established on the basis of this provision, in paragraph 3, the laws that specified measures and available financial resources. Field support services before the start of the round in the "journal" issued for public funding granted and sort of start and end date.
8. the financial resources of the Fund supports applicants granted through financial intermediaries. On financial intermediaries can become a bank, foreign bank branch and credit unions operating in the territory of the Republic of Latvia, if it has a valid financial and capital market Commission issued a license (permit) credit or credit unions for the transaction (hereinafter referred to as the credit institution).
9. the loan, the credit institution shall issue to the applicant the aid the European Union's single currency or local currency (according to the request of the applicant the aid), and the maximum support to the applicant within the period of the loan is issued for 15 years.
II. the credit fund and the Fund Manager's duties 10. Credit Fund managed by State joint stock company "Rural Development Fund (hereinafter Fund Manager). Fund Manager Credit Fund financial resources apart from all other assets and provides a single credit fund financial records in accordance with Commission Regulation No 1974/2006 Article 51 and paragraph 2 of Commission Regulation No 498/2007 article 35 paragraph 3.
11. Fund Manager within 10 working days after the date of entry into force of the provisions of the rural support service business plan submitted pursuant to Commission Regulation No 1974/2006 Article 51, paragraph 1, and Commission Regulation No 498/2007 article 35, paragraph 2 of the said requirements. The business plan also includes: 11.1. collateral conditions;
11.2. interest rate review;
11.3. the repayment schedule.
12. the rural support service jointly with the Ministry of Agriculture within 10 working days after this provision referred to in paragraph 11 of the receipt of the business plan shall be assessed in accordance with the requirements of these regulations. If the business plan need to supplement or clarify the field support service shall notify the Fund Manager and indicates the adjusted business plan submission deadline. The Fund Manager shall be submitted within the time limit set in rural support services specified in the business plan. If the business plan meeting the requirements of this regulation, shall be concluded tripartite credit fund agreement between the Ministry of agriculture, the rural support service and Fund Manager (hereinafter referred to as the financing agreement).
13. the financing agreement shall specify the provisions of Commission Regulation No 1974/2006 Article 51, paragraph 6, and Commission Regulation No 498/2007 article 35, paragraph 6, as well as the business plan for the execution of the necessary conditions.
14. the rural support service within 60 working days after the day of conclusion of the contract of financing the transfer of Fund Manager to turn the credit assigned to the financial resources of the Fund in local currency.
15. the Fund Manager is responsible for the credit of the Fund: 15.1 the financial resources granted to the separate accounts according to the rules referred to in paragraph 3 of the regulations specified measures, the European agricultural fund for rural development funds separated from the European Fisheries Fund. The Fund Manager that rule 3.1, 3.2, 3.3 and 3.4. regulations referred to the measures indicated in the investment projects in the country and the European agricultural fund for rural development funds, and consequently this provision 3.5 and 3.6 above said laws specified investment projects, of the measures granted by the State and the European Fisheries Fund financial resources;
15.2. for credit granting financial means of the Fund only credit institutions whose financial activities has been considered safe;

15.3. the credit fund for the acquisition of financial resources – the Fund Manager for the credit granted to each first round the financial resources assigned to and only if they run out, after coordination with the Ministry of agriculture granted the loan and pay off the interest financial resources;
15.4. about the released funds to activities that increase the credit the Foundation's financial resources. To this end, the Fund Manager is entitled to make a deposit with credit institutions deposits, investments of the Republic of Latvia in the securities issued and registered in the Republic of Latvia in the mortgage in the bank issued mortgage bonds;
15.5. the credit fund financial recovery support services in the field of 16 and 33 of these rules in the cases referred to in paragraph;
15.6. the loan and pay off the interest for reuse in accordance with Commission Regulation No 1974/2006 and article 52, paragraph 3, and Commission Regulation No 498/2007 article 34, paragraph 3 and 4;
15.7. on how to credit the Fund management costs for the programming period 2007-2013 during operation do not exceed 0.5% of the credit of the Fund annual average invested financial means;
15.8. for information and publicity of the proceedings in accordance with the laws and regulations on the procedures for granting state aid in the European Union for the development of the rural and fisheries, including the beneficiaries receive a loan from the credit the Foundation repaid the funds.
16. This provision after paragraph 7 in the end credit fund loans without the financial resources provided to redirect these rules referred to in paragraph 3 by the following measures shall inform the Ministry of agriculture rural support and Fund Manager for the financial resources assigned. Fund managers of financial resources total routed the field support within 30 working days of the receipt of the request the Ministry of agriculture.
III. The loan support for applicants and loan fund activity 17. To qualify for credit fund, the credit institution shall submit an application to the applicant with a request to grant credit to fund the loan. Credit institutions shall be included in the application, the requested information, and then add the rule referred to in paragraph 3, the laws specified the application action projects and field support service on the project's compliance with the administrative application evaluation criteria and public funding.
18. by paragraph 17 of these provisions of the aid referred to in the applicant's receipt of the application within 30 working days of the credit institution shall examine the documents presented and the decision to grant a loan, inform the rural support service for: 18.1 conditions of loan (the loan amount, interest rate, repayment term);
18.2. risk rate depending on the applicant's credit rating assessment of the aid and security (annex 1).
19. the rural support service within 10 working days after this provision 18. credit institutions referred to in the receipt of information: 19.1. statement to the intensity of the aid or de minimis aid granted in paragraph 5 of these provisions that loan fund loan aid, together with the provisions in paragraph 3 of the said laws in order to support does not exceed this provision referred to in paragraph 3, the statutory maximum aid intensity or the de minimis amount;
19.2. the decision on the credit of the Fund and the grant of the loan application approval for the project in accordance with the laws and regulations on the procedures for granting state aid in the European Union for the development of the rural and fisheries, and inform the applicant of the aid, credit and Fund Manager.
20. a credit institution applying for a loan to finance the Fund, the Fund Manager shall submit the application (annex 2) for each aid applicant project application.
21. by paragraph 20 of these regulations in the credit institutions referred to in the receipt of the application, Fund Manager for 10 working days evaluate its conformity with the requirements of this regulation.
22. If the provisions of paragraph 20 of the credit institution referred to in the application meets the requirements of this regulation, the Fund Manager shall within 10 working days of the decision on the conclusion of a cooperation agreement with a credit institution. The cooperation agreement includes: 22.1. lending and repayment conditions, including on the possible Loan Fund requests;
22.2. the rights and obligations of the parties.
23. following the provisions referred to in paragraph 22 of the cooperation agreement concluded with the credit institution supports the applicant to grant a loan, based on the provisions referred to in paragraph 19 of the rural support service specified. After the support contract for the applicant the granting of loans, the credit institution shall notify the Fund Manager.
24. following these rules referred to in paragraph 23 of the receipt of the information a credit fund manager within five working days of the credit institution shall transfer the loan amount to be made and shall inform the rural support service of credit funds of the credit institution granting.
25. From these provisions of the credit institution's new requirements on how to apply the application of credit funds of the Fund, the Fund Manager shall within 10 working days of the receipt of the application, the credit institution shall decide on the granting of loans and shall inform the credit institution. Future Fund Manager and financial institution shall take place in accordance with the provisions of paragraphs 23 and 24.
26. a credit institution lends support to the applicant under the contract concluded with the Fund Manager, subject to the following requirements: 26.1. loan interest rate is defined as the credit available to the credit institution, the financial means of the Fund and the amount of the mark-up of the credit institution. Credit the Fund's financial resources constitute 20 percent of the price of the 12 months EURIBOR or 12 months RIGIBOR rate, fixed the date of the grant of the loan. Credit mark-up of the interest rate fixed part (margin) and the total amount of the management cost that does not exceed 70 per cent of the loan available at the time of the Bank of Latvia on the website published statistical information on average domestic enterprises and individuals loan interest rates;
26.2. in addition to the provisions referred to in paragraph 26.1. loan interest rate credit institution supports the applicant may apply to the Commission to grant a loan that does not exceed 0.2% of the loan amount, but not more than 300 lats;
16.3. a credit institution shall not apply to the other with the granting of loans, service, servicing, monitoring, contract review or charges related to credit risk, however, it may apply a charge for this rule referred to in paragraph 23 of the credit institution and supports the applicant's agreement to grant a loan of obligations;
26.4. for loans issued in the single European Union currency by applying the euro area countries the European Commission specified a particular period expected base rate, loan term of service may not change the currency of the loan to the lats.
IV. Eligible and ineligible costs 27. Credit Fund to apply this provision in paragraph 3 of the said laws in specified activities in certain eligible costs for construction (including the construction of the proposed fixed-fixed installations and their equipment-purchase), for the purchase of building materials and the technical development of the project, pursuant to the provisions referred to in paragraph 3, the laws specified in certain eligible costs.
28. supports the applicant's investment project is not eligible cost and the financing of the eligible costs which are not attributable to the Fund of credit, a credit institution shall not participate in credit the Fund's financial resources, but can participate with your own or other financial resources that are not covered by the requirements of this regulation.
V. the financial resources of the Fund of credit administration and monitoring 29. a credit institution shall provide quarterly information on the aid Fund Manager applicants loans issued (annex 3) and the first month of each quarter, a tenth date.
30. the Fund's Manager lists the credit institutions the breakdown of loans granted under this provision in paragraph 3, the laws specified that measures and quarterly field support provides an overview of the implementation of the financing agreement (annex 4) up to the first month of each quarter of the 20th.
31. a credit institution Fund Manager once a month release this rule 26.1. credit referred to the financial resources of the Fund and the beneficiary of the loan principal amount in accordance with the specific loan repayment schedule, regardless of whether the beneficiaries have reimbursed the amount that a credit institution other than the Commission of Regulation No 1974/2006 referred to in article 47.
32. the Fund Manager pay off loans of a credit institution, the financial means of the Fund price is applied to cover the management costs, does not exceed the Commission Regulation No 1974/2006 Article 51 and paragraph 5 of Commission Regulation No 498/2007 article 35, paragraph 4 of the set limit.

33. The beneficiaries repaid the loan principal Fund Manager uses the future provision of loans in accordance with the requirements of this regulation. If the beneficiary repaid the loan principal need to redirect this provision in paragraph 3 of the said laws specified measures, the Ministry of agriculture shall determine the amount to be repaid the funds and inform the field support and Fund Manager. Fund Manager of the repayable financial resources total transferred field support within 30 working days of the receipt of the request the Ministry of agriculture.
34. the financing agreement shall ensure the supervision and control of the Field support service.
VI. final question 35. project submissions that the rural support service is approved before the entry into force of the rules and which are eligible for credit fund, the rural support service checks the compliance of the applicant to support the ailing economic operator status, except where it is already assessed field support services in accordance with the rules referred to in paragraph 3, the laws specified arrangements.
The Prime Minister's site-traffic Minister k. Gerhard Minister of agriculture, Minister of education and science t. koķe annex 1: Cabinet of Ministers of 20 July 2010 regulations no 664 Risk rates loan reserve base points no PO box
Rating category of low to medium high 1.
Strong (AA-A) 60 75 100 2.
Good (BBB) 75 100 220 3.
Satisfactory (BB) 100 220 400 4.
Weak (B) 220 400 650 5.
Bad/financial difficulties (CCC and below) in place of the Minister of Agriculture 400 650 1 000 – Minister of education and science t. koķe annex 2 of the Cabinet of Ministers of 20 July 2010 regulations no 664-Agriculture Minister of education and Science Minister t. koķe annex 3 of the Cabinet of Ministers of 20 July 2010 regulations no 664-Agriculture Minister of education and Science Minister t. koķe annex 4 of the Cabinet of Ministers of 20 July 2010 regulations no 664-Agriculture Minister of education and Science Minister t. koķe