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Rules For Agricultural Service Cooperatives And Cooperatives Of Forestry Service Screening

Original Language Title: Noteikumi par lauksaimniecības pakalpojumu kooperatīvo sabiedrību un mežsaimniecības pakalpojumu kooperatīvo sabiedrību atbilstības izvērtēšanu

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Cabinet of Ministers Regulations No. 77 in 2016 (2 February. Nr. 5 16) rules for agricultural service cooperatives and cooperatives of forestry services screening Issued in accordance with the laws of the cooperative society 36.1 the second paragraph of article i. General questions 1. establish agricultural service cooperatives and cooperatives of forestry services, eligibility criteria and evaluation procedures. 2. Agricultural and forestry services cooperative society (hereinafter, the company) to assess the conformity of society "Latvian Agricultural Cooperative Association (hereinafter Association). The Association of this task are subordinated to the Ministry of agriculture. 3. The decision of the company's compliance with this provision, (II) and (iii) the criteria in chapter Association creates Commission consists of five people. The Commission shall include one representative from the Ministry of agriculture, the rural support service and the State revenue service and two representatives from the Association. The Commission has the right to invite to the meeting industry experts with advisory capacity. 4. the Association shall publish in its tīmekļvietn Chairman of the Board of the Association approved the Statute of the Commission. Rules are set out in the Commission's composition, working arrangements and the organisation of these provisions in chapters II and III of these eligibility criteria evaluation methodology. 5. This provision within the meaning of the agricultural or forestry goods and services total turnover consists of the volume of transactions between a company and its members, and to persons who are not members of the public. The company's total turnover: 5.1. revenue from goods sold society members and persons who are not members of the public, and are in need of agricultural or forestry products; 5.2. income from agriculture or forestry services provided to members of the public and persons who are not members of the public, and is necessary for the agricultural or forestry products and products for joint marketing; 5.3. the agricultural or forestry products purchase price, which the company bought in from members and non-members of the public. 6. This provision within the meaning of the agricultural or forestry services are services (excluding financial and legal services), which the company provided to members of the public who need agricultural or forestry products and products for joint marketing. 7. On a related person: 7.1 the society, Board member of first-degree relatives and spouses; 7.2. the farm, owned by the society, the Board of directors or Council members first degree relative or spouse; 7.3. a corporation that is more than 50 percent stake owned by a member of the relevant public, the Board or a member of the Council; 7.4. a corporation or cooperative society, which the Board or the Council is the Member of the public, the Board or a member of the Council; 7.5. the parent and subsidiary company, owned by the society. 8. the farm and its owner are to be considered as one member of the public. 9. A person who is not a member of the society, shall be deemed to be the natural or legal person who has received from the public agricultural or forestry services and goods or of which the company is iepirkus in the agricultural or forestry goods sales on the market, but which is not a member of this society. 10. If the compliance status at the time of the evaluation, the on-the-spot verification or compliance audits, the Commission or the Association finds that the company has specially created a status of compliance necessary conditions to comply with these provisions these eligibility criteria, the public compliance status shall not be granted, and for the next three years the company is not eligible for compliance status. II. the agricultural service cooperative society 11. eligibility criteria for agricultural service cooperatives eligibility criteria: 11.1 the company marketed agricultural products produced on the holding or bought its members from the membership, which is another company. If company distributes products purchased from members that have other company, purchased products are produced on the holding of this society. This requirement shall not apply to the technical service companies; 11.2. the minimum agricultural turnover of goods and services between the public and its members is eur 7000. When assessing the minimum agricultural turnover of goods and services, take into account the individual transaction and the nature of economic content, not just legal form; 11.3. the agricultural turnover of goods and services between the public and its members shall not be less than 75 percent of the company's agricultural goods and services total turnover; 11.4. the fruit and vegetable sector in society, in which the number of members is less than 10, agricultural turnover of goods and services between the public and its members in the sector in question is not less than 80 per cent of the total agricultural turnover of goods and services; 11.5. the technical service to the public, in which the number of members is less than 10, technical services turnover between the society and its members shall not be less than 80 percent of the total agricultural turnover of goods and services; 11.6. the surplus public members are divided in proportion to those given the turnover of goods and services; 7.3. after loss coverage for not less than 25 percent of the surplus that had formed the previous year, the economic activities being invested in the development of society; 11.8. the company's income from agriculture, goods and services total turnover shall constitute not less than 75 percent of the company's turnover; 7.4. the company's agricultural turnover of goods and services with one membership does not exceed 40 percent of the company's agricultural goods and services total turnover; 11.10. the minimum number of members of the public with whom the public are agricultural goods and services turnover is 10, but the fruit and vegetable sector, as well as technical services society – five. The minimum number of members in the society is at least six months; 11.11. the proportion of persons not exceeding 30 percent of the number of members of the public with which the community has agricultural products and services. The proportion of persons shall be determined for each individual group of persons; 11.12. the company's previous financial year is has at least one General meeting of members, which is approved by a vote of the company's annual report and the profit distribution; 11.13. the time when the application is submitted for screening and assessment of compliance with the public, the company has no significant non-compliance with these rules and the cooperative society law requirements related to the criteria mentioned in these provisions; 11.14. the activities and transactions between the company and members of society meet the Statute, and at the time of screening without important statutes and legislation, the infringement relating to the criteria mentioned in these provisions; 11.15. the current February 26 or 20 days before this provision, the period referred to in paragraph 14 of the company's tax debt in total not exceeding eur 150; 11.16. Management Board of the company is the majority society if society was created by the Council; 11.17. the company is registered in the companies register no later than 1 July of the previous year. If the company has not worked the full year, the company at the time of formation of the company's founders are all agricultural producers, of which 80 percent of the company's founder, prior to the registration of at least three years have been the producers of agricultural production and are registered as agents of economic activity in the agricultural sector; 11.18. the company has declared insolvency proceedings or in accordance with the register of companies of information not in the liquidation process. 12. in addition to the provisions of paragraph 11 of the said criteria of an agricultural service cooperative society, which lays claim to the milk producer organisations recognised in accordance with the laws and regulations on milk and milk products and for the recognition of producer organisations in their operational supervisory arrangements meet the following criteria: 12.1. company members are milk producers and does not deal with processing of raw milk and the production of milk products (except mājražošan); 12.2. the volume of raw milk, for which the company is conducting the negotiations, the contract is at least 125 tonnes in the past 12 months; 12.3. the company is conducting contract negotiations for raw milk produced by its members ' holdings; 12.4. the company is conducting the negotiations on the contract to at least 75 percent of each Member's raw milk being sold. III. Forestry services cooperative society eligibility criteria 13. Forestry services cooperative society eligibility criteria: 13.1. the company provides forestry services and distributes forestry products obtained the property of its members or purchased from the forest owner, who is not a member of the public. The company distributes products purchased from the forest owner who is not a member of the public, if the purchased production comes in forest property belonging to him; 13.2. the minimum forest turnover of goods and services between the public and its members is eur 7000. When assessing the minimum forest turnover of goods and services, take into account the individual transaction and the nature of economic content, not just legal form; 13.3. forest turnover of goods and services between the society and its members are less than 50 percent of the company's total forestry turnover of goods and services. Repeatedly claiming on the compliance status of the forestry goods and services turnover between the society and its members shall not be less than 60 percent of community forestry goods and services total turnover; 13.4. surplus members of society is divided in proportion to those of forestry provided goods and services turnover; 13.5 after loss coverage for not less than 25 percent of the surplus that had formed the previous year, the economic activities being invested in the development of society; 13.6. the company's income from forestry product sales and forestry service shall constitute not less than 75 percent of the company's turnover; 8.5. the forestry public goods and services turnover with one Member not more than 60 percent of community forestry goods and services total turnover; 13.8. the minimum number of members of the public are 15. minimum number of members in the society is at least six months; 13.9. the minimum number of members of the public with whom the company has forestry products and services turnover, there are five; 13.10. the proportion of persons not exceeding 30 percent of the number of members of the public with whom the company has forestry turnover of goods and services. The proportion of persons shall be determined for each individual group of persons; 13.11. the company's previous financial year is has at least one General meeting of members, which is approved by a vote of the company's annual report and the profit distribution; 13.12. when an application is submitted for screening and assessment of compliance with the public, the company has no significant non-compliance with these rules and the cooperative society law requirements related to the criteria mentioned in these provisions; 13.13. the activities and transactions between the company and members of society meet the Statute, and at the time of screening without important statutes and legislation, the infringement relating to the criteria mentioned in these provisions; 13.14. the conformity assessment community members at the time the total managed forest area at least 500 hectares; 1.15 p.m.. current year as February 26 or 20 days before this provision, the period referred to in paragraph 14 of the company's tax debt in total not exceeding eur 150; 13.16. a majority of the company's Board are members of the society if the society was created by the Council; 13.17. the company is registered in the companies register no later than 1 July of the previous year. If the company has not worked a full year of account, all of the company's founders are the forest owner or operator of the economic activities in the forestry sector and at least 80 percent of its members have had their forest property for at least three years from the date of incorporation of the company; 13.18. the company has declared insolvency proceedings or in accordance with the register of companies of information not in the liquidation process. IV. Public screening procedures and compliance status 14. Company whose financial year coincides with the calendar year, each year up to March 15, the company whose accounting year does not coincide with the calendar year, every year, 75 days after the end of the year and the company whose quantity exceeds two of the annual accounts and consolidated annual accounts Act article 5, fourth paragraph, the limit values of the criteria referred to in each year, five months after the end of the reporting year shall be submitted to the Association: 14.1. an application for conformity assessment (annex 1); 14.2. a list of members and information on agricultural or forestry turnover of goods and services between the public and the members of the public (annex 2); 14.3. information on society membership registered in the forest area in hectares of property and its cadastral number. The company, which is registered in the companies register no later than 1 July of the previous year and which have not worked the full year, the company registered the information of the members of the forest area in hectares of property, the cadastral number, and the year in which the Member has obtained the forest property; 8.9. information on agricultural or forestry turnover of goods and services between the public and the persons that are not members of the public (annex 3); 14.5. not approved (paraksttiesīg persons signed) project annual report for the previous financial year; 14.6. the Protocol statement about the previous economic year convened a general meeting of members of the current, which is approved by a vote of the company's annual report and profit-sharing, and members of the general meeting of members registration page; 14.7. information on planned investments and fixed assets or working capital increase. 15. To be able to rapidly adopt this rule 19.1. the decision referred to in the company is entitled to submit a detailed explanation of the preceding financial year, indicating the net turnover net turnover (revenue) the breakdown by activities, members and non-members of the public. Explanation certifies agricultural or forestry goods and services total revenue and surplus distribution. 16. in assessing the public association of the documents presented, is entitled to carry out an on-the-spot and request additional information necessary for the decision on compliance status. 17. the company provides Association to perform inspection on site and at the request of the Association presented the necessary documents. 18. If the Association pursuant to paragraph 16 of these rules requires additional information, 19 of these rules, the period referred to in paragraph eligibility status decision is extended pursuant to the administrative procedure law in the second subparagraph of article 64. 19. the Association each year until 15 April or the month after that provision referred to in paragraph 14 of document receipt: 19.1. Decides on the compliance status of the grant or refusal to grant compliance status and communicate it to the public; 19.2. the paper form of a document (by adding or sending an electronic version) or an electronic document (if the document has been prepared according to the law on electronic document presentation), submitted to the State revenue service, Ministry of agriculture and rural support service under the agricultural cooperatives of services and corresponding services forestry cooperatives; 19.3. publish their tīmekļvietn in the service of eligible agricultural cooperatives and the corresponding services of forestry cooperatives. 20. the compliance status is granted for one year, but no longer than until the next April 15th or until the Association shall decide on the eligibility status of the current year. 21. The calculation of corporate income tax for the tax period for which the operating results of the company in the period pēctaksācij is assigned a status of compliance, the company applied to the law "On enterprise income tax" in the third paragraph of article 2 laid down in the rules. 22. in paragraph 19.1. These rules and the decision referred to in paragraph 28 of the Ministry of agriculture may be challenged. The Ministry of agriculture, may appeal to the Court. V. the appropriate public monitoring of the activities of the Association 23 each year, according to the Association's compliance audit, management and audit working paper preparatory to the agenda published in the Association tīmekļvietn, implement a compliance audit on the site at least five percent of eligible agricultural cooperatives of services and corresponding services of forestry cooperative society. 24. The Association through the compliance audit, have the right to assess the compliance of the activities of the Statute and the legislative requirements related to the criteria referred to in these provisions. 25. The compliance audit involves the members of the Commission and its composition in the industry experts. 26. The members of the Commission and industry experts do not have the right to disclose to third parties information that they become known, assessing compliance with and implementation of company compliance audit. 27. If the Member of the Commission or an outside expert, in accordance with the law "On Prevention of conflict of interest in the operation of public officials ' conflicts of interest arise in connection with the society, the Member of the Commission or experts are not entitled to participate in the decision making. 28. the Association shall have the right to take a decision on the status of compliance cancellation, if, through compliance audits are of non-compliance with the criteria of these regulations or the requirements of the laws associated with this criterion. 29. If the decision is taken on the compliance status of cancellation: 29.1. Association within five working days after the decision, inform the State revenue service, Ministry of agriculture and rural support service for firms that void with the compliance status; 29.2. The State revenue service within one month of adopting its decision according to the legislation on taxes and fees and surcharges levied the tax received tax relief, if the company is not in the State revenue service submitted a corporate income tax return for the estimated corporate income tax for the taxation period in which the compliance status is revoked; 29.3. the rural support service two months after the decision is taken according to the regulations on the procedures administered by the European agricultural guarantee fund, European agricultural fund for rural development and the European Fisheries Fund, as well as national and European Union support for agriculture, rural development and fisheries, demanding repayment of the aid. Vi. Closing questions 30. Be declared unenforceable in the Cabinet of 30 September 2014 rules no. 593 "rules for agricultural service cooperatives and cooperatives of forestry services screening" (Latvian journal, 2014, 199. no). 31. the rules shall enter into force on January 1, 2017. The Prime Minister is the Rapidity of the farming Minister Newsletters John Dūklav of annex 1 of the Cabinet of Ministers of 2 February 2016. Regulations No 77 application for screening of Latvian agricultural cooperatives Association application for public screening of ________. in A part of the year. Information about applicant 1. Name of the company registration number 2 address 3 phone number 4 5. Bank details (bank name, code, account number) 6. Electronic mail address 7. contact person (name, surname, phone number) (B). Conformity assessment of agricultural service cooperatives conformity assessment (applicant fills in section b.1) Forestry services cooperative society of conformity assessment (applicant fill out section B. 2) agricultural service cooperative society of conformity assessment and recognized milk producer organisations (the applicant fills in the B 1 and B 3.) no p. k. Name the answer/rating 1. The business sector 2. Year of registration and place of registration 3. Officer 4. Public tax debt does not exceed 150 euro Yes No 5. The majority of the Board of Directors of the company are members of the public, if the society has not been created (fill in only if the society has not been created by the Council) Yes No 6. The company is registered in the register of companies at the latest by the previous July 1. If the company has not worked a full reporting year: • company's founding moment all founders are primary agricultural producers, of which 80 percent of the company's founder, prior to the registration of at least three years, there have been major producers of agricultural products and have registered as agents of economic activity in the agricultural sector • public the public at the time of the Treaty all the founders are the forest owner or operator of the economic activities in the forestry sector and at least 80 percent of its members have had their forest property for at least three years from the date of the formation of the public yes no 7. the company has declared insolvency proceedings or in accordance with the company registry log information not in the liquidation process Yes No b. 1. Agricultural service cooperative society in compliance with (B). 1.1. News of the society no p. k. Name description/value 1. Number of members in the previous December 31 2. Agricultural goods and services total apgrozījums1 in the previous year (€) 3. Agricultural turnover of goods and services between the public and the members of the public (annex 2) at 4. Agricultural turnover of goods and services between the public and the members of the public (annex 2) procentos2 5. Agricultural turnover of goods and services between the public and the persons that are not members of the public (annex 3) 6. Total company purchased agricultural products from agricultural producers (tonnes, specify by products) 7. Turnover for the fruit and vegetables sector and in the sector to the total organic agricultural products and agricultural services turnover percentage (refer to the fruit and vegetable sector cooperatives) 8. The total amount of public expenditure (euro) which economically is not directly related to the company's economic activity, see. spending on recreation, leisure travel, leisure activities and social infrastructure maintenance 9. The company's revenue from agricultural turnover of goods and services of the public net change (percentage) B. 1.2. The news provided the following evaluation criteria no p. k. Criteria Yes No 1. The company distributes agricultural products produced on the holding or bought its members from the membership, which is another company. If company distributes products purchased from a member, which is another company, purchased products must be produced on the holding of this society. Members of the public with the public only through the exercise of agricultural products produced on the holding or bought from other company agricultural products 2. Agricultural products and agricultural services turnover between the society and its members shall not be less than 75 percent of the company's agricultural products and agricultural services of the total turnover of 3. The company's revenue from activities related to raw materials for agricultural production, agricultural primary products, processed agricultural products and agricultural services, shall constitute not less than 75 per cent of the net turnover of 4. Fruit and vegetable sector in society, minimum agricultural turnover of goods and services in the sector concerned is not less than 80 per cent of the total turnover, if the Member has less than 10 5. If you will be assigned a status of compliance, the surplus will be distributed to members of the public in proportion to the society provided to agricultural goods and services turnover of 6. If you will be assigned a status of compliance, not less than 25 per cent of the surplus funds will invest society attīstībā3 7. The company's agricultural products and agricultural services with one membership turnover does not exceed 40 percent of the company's agricultural goods and services, the total turnover of 8. The minimum number of members of the public with whom the public are agricultural goods and services turnover is 10, but the fruit and vegetable sector, as well as technical services to the public, 5 9. The proportion of persons not exceeding 30 percent of the number of members of the public with which the community has agricultural turnover of goods and services (B). 2. Forestry services cooperative society match b.2.1. News of the society no p. k. Name description/value 1. Number of members in the previous December 31 2. Forestry products and services total apgrozījums1 in the previous year (€) 3. Forestry, the turnover of goods and services between the public and the members of the public (euro) 2 (annex 2) 4. Forestry, the turnover of goods and services between the public and the members of the public (in percentage) 2 (annex 2) 5. Forestry, the turnover of goods and services between the public and the persons that are not members of the public (annex 3) 6. The total of the forest owners, forestry products purchased (in cubic metres, specify by products) 7. The total amount of public expenditure (euro) which economically is not directly related to the company's economic activity, see. spending on recreation, leisure travel, leisure activities and the maintenance of social infrastructure (B). 2.2. The news provided the following evaluation criteria no p. k. Criteria Yes No 1. The company provides forestry services and distributes forestry products obtained the property of its members or purchased from the forest owner, who is not a member of the public. If company distributes products purchased from the forest owner, who is not a member of the company, purchased products must be obtained for the property of the owner 2. Forestry and forestry services of goods turnover between the society and its members are less than 50 percent of the company's total forestry turnover of goods and services. Repeatedly claiming on the compliance status of forestry and forestry services of goods turnover between the society and its members shall not be less than 60 percent of community forestry and forestry goods services total turnover of 3. The company's revenue from sales of goods of forestry and forestry service shall constitute not less than 75 percent of the company's turnover 4. If you will be assigned a status of compliance, the surplus will be distributed to members of the public in proportion to the members of the society of agricultural goods and provided services in apgrozījumam3 5. If you will be assigned a status of compliance, not less than 25 per cent of the surplus funds will invest in the public attīstībā3 6. Public forestry and forestry services of goods turnover with one member of the public not more than 60 percent of community forestry and forestry goods services total turnover of 7. The minimum number of members of the public are 15 8. The minimum number of members of the public with which the public is forestry and forestry services in goods turnover is 5 9. Members of the public the total managed forest area at least 500 acres eligibility at the time of the evaluation 10. The proportion of persons not exceeding 30 percent of the number of members of the public with whom the firm has a forestry turnover of goods and services (B). 3. Milk producer organisations in compliance with (B) 3.1. The news provided the following evaluation criteria no p. k. Criteria Yes No 1. Members of the public are milk producers (in accordance with (B). table 2.2) and not engaged in processing, processing of raw milk and dairy products, with the exception of 2 mājražošan. Raw milk volume, for which the company is conducting the negotiations, the contract is at least 125 tonnes in the last 12 months 3. The company is conducting contract negotiations for raw milk produced on the farm 4 of its members. The company is conducting the negotiations on the contract to at least 75 percent of each Member's raw milk sold in bulk by the representatives of the COMPANY, certify that the information submitted is true and does not contain fake data. I know the Republic of Latvia, the statutory responsibility for the false news provision.
          (name, surname)   (paraksts4)   (date)
The Latvian agricultural cooperatives Association officers receiving Mark (name) (paraksts4) (date) notes. 1 if the reference period differs from the calendar year, the information shall be for the period for which the report is prepared and submitted to the State revenue service. 2 agricultural commodities and agricultural services as percentage of turnover between the public and the members of the company is calculated as agricultural products and agricultural services turnover between the public and the members of the public applied for agricultural goods and agricultural service overall turnover. Turnover percentage points with two decimal places. 3 fill out those companies which, for the previous reporting year is a surplus. 4 the document properties in the "signature" and "date" does not fill in, if an electronic document is drawn up according to the law on electronic document design. Agriculture Minister John Dūklav in annex 2 of the Cabinet of Ministers of 2 February 2016. Regulations No 77 society and agricultural or forestry, the turnover of goods and services between the public and the members of the society No. p. c. Members of the public (natural persons first name, last name or the name of a legal person) the code of the Person or the registration number of the members of the company sold items necessary for farmers or agricultural mežsa-agricultural production (sales price), members of the Public provided farmers vanity or vanity-mežsa services (sales price) of the members of the public for the sale of farmers bought in vanity or mežsa-agricultural production (buying price) of agricultural or forestry Public goods and services turnover volume of raw milk to the public , in tonnes (jaunveidot producer organisation, indicate the planned quantity of milk) 2 euro percentage 1 2 3 4 5 6 7 = 4 + 5 + 6 8 = (7: total apgrozījums1) x 100 total total total total total total (name, surname) (paraksts3) (datums3) notes. 1 agricultural or forestry goods and services total turnover in the preceding year (in euro). 2 fill in the agricultural service cooperative society, which lays claim to the status of the milk producer organisations. 3 the document properties in the "signature" and "date" does not fill in, if an electronic document is drawn up according to the law on electronic document design.
Agriculture Minister John Dūklav in annex 3 of the Cabinet of Ministers of 2 February 2016. Regulations No 77 information about agricultural or forestry turnover of goods and services between the public and the persons that are not members of the society No.  p. k. A person who is not a member of the public (natural persons first name, last name or the name of a legal person) (hereinafter person) identity number or registration number of the Person selling the goods necessary for the agricultural or forestry products (sales price) the Person provided to the agricultural or forestry services (sales price) purchased from the marketing of agricultural or forestry products (buying price) public agricultural or forestry, the turnover of goods and services between the public and the person (euro) 1 2 3 4 5 6 7 = 4 + 5 + 6 together together together Board President (name) (signature) (date) Note. the document properties in the "signature" and "date" does not fill in, if an electronic document is drawn up according to the law on electronic document design. Minister of agriculture John Dūklav