Text consolidated by Valsts valodas centrs (State Language Centre) with amending regulations of: 2 July 2019 [shall come into force from 5 July 2019]. If a whole or part of a paragraph has been amended, the date of the amending regulation appears in square brackets at the end of the paragraph. If a whole paragraph or sub-paragraph has been deleted, the date of the deletion appears in square brackets beside the deleted paragraph or sub-paragraph.

Republic of Latvia Cabinet Regulation No. 94 Adopted 20 February 2018

Regulations Regarding the Control of Fish Landing and Inspection of Fish Marketing and Transport Facilities, Warehouses and Processing Premises

Issued pursuant to
Section 13, Paragraph one, Clauses 4 and 5 of the Fishery Law

I. General Provision

1. This Regulation prescribes:

1.1. the procedures for the control of landing of fish caught at the sea and farmed in aquaculture and for the inspection of fish marketing and transport facilities, as well as warehouses and processing premises in accordance with the following:

1.1.1. Council Regulation (EC) No 1224/2009 of 20 November 2009 establishing a Community control system for ensuring compliance with the rules of the common fisheries policy, amending Regulations (EC) No 847/96, (EC) No 2371/2002, (EC) No 811/2004, (EC) No 768/2005, (EC) No 2115/2005, (EC) No 2166/2005, (EC) No 388/2006, (EC) No 509/2007, (EC) No 676/2007, (EC) No 1098/2007, (EC) No 1300/2008, (EC) No 1342/2008 and repealing Regulations (EEC) No 2847/93, (EC) No 1627/94 and (EC) No 1966/2006 (hereinafter - Regulation No 1224/2009);

1.1.2. Commission Implementing Regulation (EU) No 404/2011 of 8 April 2011 laying down detailed rules for the implementation of Council Regulation (EC) No 1224/2009 establishing a Community control system for ensuring compliance with the rules of the Common Fisheries Policy (hereinafter - Regulation No 404/2011);

1.1.3. Council Regulation (EC) No 1005/2008 of 29 September 2008 establishing a Community system to prevent, deter and eliminate illegal, unreported and unregulated fishing, amending Regulations (EEC) No 2847/93, (EC) No 1936/2001 and (EC) No 601/2004 and repealing Regulations (EC) No 1093/94 and (EC) No 1447/1999 (hereinafter - Regulation No 1005/2008);

1.2. the procedures for the inspection of marketing and transport facilities of fish caught in internal waters or farmed in aquaculture (including lampreys, crayfish and other aquatic invertebrates, as well as roe), as well as warehouses and processing premises.

[2 July 2019]

II. Procedures for the Submission of Catch and Landing Data

2. The master of fishing vessel shall register catch and landing data on a vessel in a fishing logbook in the subsystem "Electronic System for Registration and Reporting of Fishing Activities" (hereinafter - the system for reporting of fishing activities) of the State Information System "Latvian Fisheries Integrated Control and Information System" (hereinafter - the information system) of the Ministry of Agriculture, or submit a fishing logbook, a landing declaration and a transhipment declaration in a paper form to the State Environmental Service in accordance with Article 14, Article 15(1), (2), (3) and (5), Articles 20 and 21, Article 22(1) and (2), Article 23, Article 24(1), (2) and (5) of Regulation No 1224/2009, and provisions of Chapter VII of this Regulation.

3. The master of fishing vessel shall register the data on catch which is transhipped to the vessel in the system for reporting fishing activities in accordance with Articles 21 and 22 of Regulation No 1224/2009.

4. When entering data in the fishing logbook, the master of fishing vessel shall take into account that the following is applied to convert snow crab (Chionoecetes spp.) processed weight into live weight:

4.1. the factor of 1.66 - to the claws (CLA) prepared for storage in a boiled (BOI) and frozen (FRO) form;

4.2. the factor of 1.48 - to the claws (CLA) prepared for storage in an unboiled and frozen (FRO) form.

4.¹ The master of the fishing vessel of a third country or a representative thereof shall, at least three working days before the expected time of arrival of the vessel at the port of the Republic of Latvia, submit electronically to the State Environmental Service the information referred to in Article 6(1) of Regulation No 1005/2008 and the European Community catch certificate referred to in Annex II to Regulation No 1005/2008 (hereinafter - the catch certificate) which has been approved in conformity with Chapter III of the abovementioned Regulation.

[2 July 2019]

III. Registration of Fish Buyers and First-Sale Purchase of Marine Fishery and Aquaculture Products

[2 July 2019]

5. First-sale purchase of marine fishery and aquaculture products (hereinafter - the products) shall be performed by the first fish buyers registered in the information system of the Ministry of Agriculture (hereinafter - the fish buyers) which have received the fish buyer's registration certificate in the Ministry of Agriculture (Annex 1). The certificate shall be valid for three years from the day of issue thereof.

[2 July 2019]

6. In order to obtain the fish buyer's registration certificate, an applicant shall submit an application for the registration of the fish buyer (Annex 2) to the Ministry of Agriculture. The Ministry of Agriculture shall examine an application for the registration of the fish buyer and take a decision to issue a registration certificate or to refuse to issue a fish buyer's registration certificate within one month after receipt of the application.

7. If the information indicated in the application is incomplete or all documents referred to in the application form are not appended, the Ministry of Agriculture shall inform the applicant in writing by specifying what additional information is required. The Ministry of Agriculture shall determine a time limit for the submission of additional information which is not shorter than 10 working days.

8. If an application for the registration of the fish buyer is filled out in conformity with the requirements referred to in Annex 2 to this Regulation and the conditions for refusal to issue a registration certificate referred to in Paragraph 9 of this Regulation do not exist, the Ministry of Agriculture shall register the fish buyer in the information system and issue the fish buyer's registration certificate. A user identifier and an initial password for the information system are granted to the fish buyer upon registering in the information system for the purpose of entering data on first-sale purchase of products in the information system, as well as data on other activities with product lots.

[2 July 2019]

9. The Ministry of Agriculture shall not issue the fish buyer's registration certificate, if:

9.1. the information indicated in the application is incomplete or all documents referred to in the application form are not appended to the application, and the applicant has failed to submit all required information within the laid down time period;

9.2. the fish buyer's registration certificate was cancelled during the previous term of validity and the time period referred to in Paragraph 11 of this Regulation has not elapsed;

9.3. in accordance with the information available in the database of debtors of the taxes (duties) administered by the State Revenue Service, the applicant has debt of taxes, duties or other mandatory payments in the State budget, except for the case when the applicant and the State Revenue Services have agreed to extend or defer the time period for the payment of taxes (duties).

10. The Ministry of Agriculture shall, on the basis of the information provided by the State Environmental Service or obtained from the Information Centre of the Ministry of the Interior, suspend operation of the relevant fish buyer's registration certificate for one year if the fish buyer:

10.1. has committed an infringement of the conduct of business referred to in Article 42(1)(b) of Regulation No 1005/2008 which is directly related to illegal, unreported and unregulated fishing, including the trade in and import of fishery products;

10.2. has infringed the requirements referred to in Articles 56(1), 57(3), 58(1), (2), (3) and (5), 59(2), 60(4) and (5), 62(1), 63(1), 64(1), 66(1) and (3) or 67(1) of Regulation No 1224/2009 more than three times within a period of one year.

11. The Ministry of Agriculture shall cancel the fish buyer's registration certificate if the operation thereof has been suspended two times during the validity period. In such case the applicant is entitled to re-apply for the receipt of the fish buyer's certificate not earlier than a year after coming into effect of the decision of the Ministry of Agriculture to cancel the fish buyer's registration certificate.

12. The Ministry of Agriculture shall notify an addressee of the issuance, suspension, cancellation of the fish buyer's registration certificate or of the refusal to register the fish buyer in accordance with the procedures laid down in the Administrative Procedure Law and the Law on Notification. The addressee may appeal such decision to the court in accordance with the procedures laid down in the Administrative Procedure Law.

13. Fishermen are only entitled to sell the products to the buyers who are not registered in the information system if the products are sold to final consumers and the quantity of products for one final consumer does not exceed 30 kilograms from one fishing trip, or if the products are purchased for studies and analyses to be carried out by the State, as well as if the first-sale purchase of the products from a fishing vessel takes place outside the territory of the Republic of Latvia and the buyer is registered in the competent authority of such Member State in the territory of which the first-sale purchase of the products is performed.

[2 July 2019]

14. An operator, within the meaning of Article 4(19) of Regulation No 1224/2009, shall weigh the landed products prior to the first-sale purchase transaction of products in compliance with the requirements laid down in Articles 60 and 61 of Regulation No 1224/2009 in conformity with the sampling plan for landed fishery products (Annex 3).

15. If the first sale of products is not intended immediately after landing or transportation thereof, a fisherman shall enter the take-over declaration data in the information system in conformity with the conditions referred to in Articles 66 and 67 of Regulation No 1224/2009.

16. After the first-sale purchase transaction of products, including a transaction which occurs after transportation of the products from the landing site to another place of first-sale purchase of such products, the fish buyers shall, in conformity with the requirements referred to in Articles 62 and 63 of Regulation No 1224/2009, enter the sales note data in the information system.

17. A fisherman shall, upon the request of the fish buyer, complete boxes 2, 3, 4, 5, 6, and 7 of the European Community catch certificate or submit appropriate data to the fish buyer which are necessary for full completion of the catch certificate.

[2 July 2019]

18. For the purpose of receiving the right of user of the information system operators (including those that transport or store products prior to the first-sale purchase thereof or conduct any activities with product lots after the first-sale purchase thereof), except for the fish buyers referred to in Paragraph 5 of this Regulation, shall log in electronically to the information system in order to enter data on activities with product lots. The Ministry of Agriculture shall grant the right of user for an indefinite time period and send a user identifier and an initial password to the e-mail address indicated in the application. The Ministry of Agriculture shall withdraw the granted right of user if the operator fails to use it for three years.

[2 July 2019]

IV. Traceability of Products on the Market

19. When conducting activities with the products to which the requirements for ensuring the traceability apply in accordance with Article 58 of Regulation No 1224/2009 and Article 67 of Regulation No 404/2011, operators shall:

19.1. enter the data on activities with the products in the information system. The information system shall automatically create product lots in conformity with the requirements laid down in Article 4(20) of Regulation No 1224/2009, and assign identification numbers (QR codes) thereto;

19.2. add an identification number (QR code) of a product lot created automatically by the information system to each product lot or each part thereof, for example, a box, bag, pallet, container, and ensure that it is clearly accessible in all transportation, storage and processing stages of the products from catching to retail thereof;

19.3. remove the previous identification number (QR code) of the product lot if the lot is split or merged.

20. An operator, who sells a product lot in further transactions following the first-sale purchase transaction but not later than within 12 hours, shall register the sale data in the information system, but the buyer shall confirm them in the information system.

21. If a product lot is marketed in a retail selling point, a seller of the product lot shall, within 12 hours following the sale of the lot, enter the relevant transaction data in the information system. A seller of the product lot shall, upon the request of a retailer, also electronically send the information intended for the final consumer and referred to in Article 35(1) of Regulation (EU) No 1379/2013 of the European Parliament and of the Council of 11 December 2013 on the common organisation of the markets in fishery and aquaculture products, amending Council Regulations (EC) No 1184/2006 and (EC) No 1224/2009 and repealing Council Regulation (EC) No 104/2000 to the e-mail address indicated by the retailer.

22. If a product lot is exported or used for processing for the production of the products included in headings 1604 and 1605 of Chapter 16 of the Combined Nomenclature established under Council Regulation (EEC) No 2658/87 of 23 July 1987 on the tariff and statistical nomenclature and on the Common Customs Tariff, an exporter or processor of the product lot shall enter the relevant transaction data in the information system within 12 hours.

23. The requirements referred to in this Chapter shall not be applicable to the products which are sold from a fishing vessel directly to final consumers if the value of such products does not exceed EUR 50 for one final consumer per day.

V. Control of Transportation and Circulation of Documents

[2 July 2019]

24. If the products landed in Latvia are transported prior to the first sale thereof, a transporter shall enter the data on the product transportation document in the information system or fill out the transportation document (Annex 5) in compliance with Article 68 of Regulation No 1224/2009 and Paragraph 41 of this Regulation.

25. If the products are transported in the port area or the cargo of products is accompanied by a copy of the landing declaration or another document which certifies the quantity of the transported products, the transporter shall be exempted from complying with the requirements referred to in Paragraph 24 of this Regulation.

26. When inspecting a vehicle in which products are transported, as well as the products referred to in Sub-paragraph 1.2 of this Regulation, officials of the State Environmental Service shall verify the conformity of the cargo with the cargo documentation and the data on the product transportation document.

[2 July 2019]

26.¹ The transporter of the products referred to in Sub-paragraph 1.2 of this Regulation shall indicate in the transportation document the fishing permit (licence) number if the products are supplied by a fisherman who has a special permit (licence) for commercial activity in fishery in the inland waters of the Republic of Latvia, or the approval number of a food establishment if the products are supplied by an aquaculture production establishment recognised by the Food and Veterinary Service.

[2 July 2019]

26.² A fisherman or an aquaculture production establishment, upon request of the transporter, shall immediately provide the information referred to in Sub-paragraph 26.¹ of this Regulation thereto.

[2 July 2019]

27. For the purpose of application of the catch certification system to the import and export of fishery products in compliance with the requirements referred to in Chapter III of Regulation No 1005/2008:

27.1. the Ministry of Agriculture shall approve the compliance of the data on the catch certificate drawn up in accordance with Annex II to Regulation No 1005/2008 with the catch taken by the Latvian fishermen;

27.2. an importer of fishery products shall submit a catch certificate to the State Environmental Service, but an exporter re-exporting fishery products - a re-export certificate (hereinafter - the re-export certificate) in accordance with Articles 14, 16 and 21 of and Annex II to Regulation No 1005/2008;

27.3. the State Environmental Service shall examine the data on a catch certificate and re-export certificate and approve accuracy of the data, where necessary, verify them in accordance with Article 17 of Regulation No 1005/2008, save them electronically in the information system, as well as send them electronically to the indicated e-mail address upon the request of the importer or exporter of the fishery products;

27.4. the State Revenue Service shall, at the border crossing points and inland customs offices, control the documents referred to in Sub-paragraph 27.2 of this Regulation and saved in the information system by examining the data indicated in row 12 of the catch certificate and row 4 of the re-export certificate.

28. In order to ensure conformity with the requirements of the with the requirements of the European Parliament and of the Council Regulation (EU) No 640/2010 of 7 July 2010 establishing a catch documentation programme for bluefin tuna Thunnus thynnus and amending Council Regulation (EC) No 1984/2003 (hereinafter - Regulation No 640/2010):

28.1. in the case of the export of bluefin tuna the Ministry of Agriculture shall approve the compliance of the data on ICCAT bluefin tuna catch document drawn up in accordance with the requirements referred to in Annex III to Regulation No 640/2010 (hereinafter - the tuna catch document) with the catch taken by Latvian fisherman;

28.2. an importer of bluefin tuna shall submit the tuna catch document drawn up in accordance with the requirements laid down in Annexes II, III and IV to Regulation No 640/2010 to the State Environmental Service;

28.3. a re-exporter of bluefin tuna shall submit the tuna catch document and a tuna re-export certificate drawn up in accordance with the requirements laid down in Annexes II, III, IV and V to Regulation No 640/2010 to the State Environmental Service;

28.4. the State Environmental Service shall examine and approve the tuna catch document and the tuna re-export certificate referred to in Sub-paragraphs 28.2 and 28.3 of this Regulation in accordance with the requirements referred to in Articles 4 and 7 of Regulation No 640/2010, save them in the information system and send them electronically to the indicated e-mail address upon the request of the importer or exporter of the fishery products. The State Environmental Service may inspect the content of bluefin tuna lot in accordance with the requirements referred to in Article 9 of Regulation No 640/2010, and also, where necessary, verify the information indicated in the tuna catch document;

28.5. the State Revenue Service shall, at the border crossing points and inland customs offices, control the documents referred to in Sub-paragraphs 28.2 and 28.3 of this Regulation and saved in the information system by examining the data indicated in row 8 of the tuna catch document and row 6 of the tuna re-export certificate.

29. In order to ensure compliance with the requirements of Council Regulation (EC) No 1035/2001 of 22 May 2001 establishing a catch documentation scheme for Dissostichus spp. (hereinafter - Regulation No 1035/2001):

29.1. in the case of the export of toothfish the Ministry of Agriculture shall approve the compliance of the data on the catch document drawn up in conformity with the requirements referred to in Annex II to Regulation No 1035/2001 with the catch taken by Latvian fisherman;

29.2. the State Environmental Service shall verify and approve the toothfish catch and re-export documents drawn up in conformity with the requirements laid down in Annexes I, II and III to Regulation No 1035/2001, save them in the information system and send them electronically to the indicated e-mail address upon request of the importer or exporter of the fishery products;

29.3. the State Revenue Service shall, at the border crossing points and inland customs offices, control the documents referred to in Sub-paragraph 29.2 of this Regulation and saved in the information system by examining the data indicated in row 13 of the toothfish catch document and row 3 of the re-export document, and also, upon request of the State Environmental Service, examine whether the quantity of toothfish indicated in the approved documents conforms to the total quantity thereof in the relevant cargo.

30. The State Environmental Service shall electronically inform the State Revenue Service if any data inconsistencies are detected during examination or verification of the catch certificate and documents or re-export certificate and documents referred to in this Regulation.

31. After approval of the documents referred to in Sub-paragraphs 27.1, 28.1 and 29.1 of this Regulation, the Ministry of Agriculture shall keep them in paper form for three years.

32. After approval of the documents referred to in Sub-paragraphs 27.3, 28.4 and 29.2 of this Regulation, the State Environmental Service shall keep them in paper form for three years, and electronically in the information system - on a permanent basis.

VI. Inspection of Marketing Facilities, Warehouses, and Processing Premises

[2 July 2019]

33. Officials of the State Environmental Service shall inspect the following at marketing facilities of the products:

33.1. the documents attesting purchase of the products and any other documents which attest obtaining of the products, as well as conformity of the identification number (QR code) on the product lots with the data on the product lots registered in the information system or traceability documents of the products;

33.2. the conformity of quantity of the products to the entries in product registers.

34. Officials of the State Environmental Service shall, on the processing premises and at warehouses, inspect the conformity of the quantity of the products to the bills of lading or other documents attesting purchase, take-over declarations of the products, data on the product lot registered in the information system or traceability documents of the products, and entries in product registers.

35. An operator of product lots, a processor or storer of the products shall keep the documents referred to in Paragraphs 33 and 34 of this Regulation at the relevant facility and present them upon the request of responsible officials of the State Environmental Service.

35.¹ The following conditions shall be conformed to in the inspection of marketing facilities, warehouses, and processing premises referred to in Sub-paragraph 1.2 of this Regulation:

35.¹ 1. an official of the State Environmental Service shall verify the documents on the supply and proof of origin of the goods, the fact of the supply and receipt of the goods, as well as conformity of inland water product quantity with the abovementioned documents;

35.¹ 2. supplier, consignee (except for the final consumer), processor or storer;

35.¹ 2.1. the documents referred to in Sub-paragraph 35.¹ 1 of this Regulation shall be kept until complete sale of the inland water product lot and shall be presented immediately upon request of officials of the State Environmental Service;

35.¹2.2. the fishing permit (licence) number shall be indicated in the document which certifies the purchase of products acquired in the inland waters of the Republic of Latvia if the products are supplied by a fisherman who has a special permit (licence) for commercial activity in fishery in the inland waters of the Republic of Latvia, or the approval number of a food establishment shall be indicated therein if the products are supplied by an aquaculture production establishment recognised by the Food and Veterinary Service.

[2 July 2019]

35.² A fisherman or an aquaculture production establishment, immediately upon request of the supplier, consignee, processor, or storer, shall submit the information referred to in Sub-paragraph 35.¹ 2.2. of this Regulation.

[2 July 2019]

VII. Submission of Catch Landing, First-Sale Purchase, Take-over, Transportation and Traceability Documents of the Products in a Paper Form and Keeping Thereof

36. If it is impossible to enter catch and landing data in the system for reporting of fishing activities for technical reasons, a master of fishing vessel shall notify the State Environmental Service, fill out a fishing logbook in a paper form and submit it to the State Environmental Service in accordance with Article 32 of Regulation No 404/2011. In such case the master of fishing vessel shall enter the catch and landing data in the system for reporting of fishing activities after prevention of system failures but not later than prior to the commencement of a new fishing trip.

37. If a vessel has engaged in fishing of toothfish in accordance with provisions of Regulation No 1035/2001, a master of fishing vessel shall, within 48 hours following landing of the products, submit a catch document drawn up in compliance with the requirements of Annex II to Regulation No 1035/2011 to the State Environmental Service. The cargo of the vessel to which toothfish has been transshipped at sea shall also be accompanied by such catch document.

38. The master of fishing vessel shall, in accordance with Article 21 of Regulation No 1224/2009 and Article 32 of Regulation No 404/2011, fill out a transhipment declaration (Annex 6) and write "See appended declaration" in the box "Fishing area" of the fishing logbook with regard to the catch which is transhipped to the vessel, and submit the data to the State Environmental Service.

39. If it is impossible to enter data of the first-sale purchase of the products in the information system for technical reasons, a fish buyer shall notify the State Environmental Service and fill out the data in a paper form according to the sample form of sales note (Annex 7). The fish buyer shall enter the data of the first-sale purchase of the products in the information system after rectification of system errors but not later than within 48 hours following restoration of the operation thereof. In such case prior to the next transaction a product lot shall be accompanied by a traceability document in accordance with Paragraph 40 of this Regulation. The State Environmental Service shall keep sales notes or copies thereof in a paper form for two years after receipt thereof, but the fish sellers and buyers - for two years after the sale of the product.

39.¹ If the first-sale purchase of products takes place outside the territory of the European Union, the master of the fishing vessel with the flag of Latvia or a representative thereof in accordance with Article 62(5) of Regulation No 1224/2009 shall submit to the State Environmental Service a copy of the sales note or other equivalent document.

[2 July 2019]

40. If it is impossible to enter information on product lots in the information system in conformity with Sub-paragraph 19.1 of this Regulation for technical reasons, an operator shall, for the purpose of ensuring traceability of products:

40.1. fill out a form of the traceability document of the products (Annex 8) for each lot or part thereof;

40.2. assign a number of the traceability document of the products or a number of the product lot by ensuring that this number does not coincide with any other number of the traceability document of the products or number of the product lot assigned by this operator. A number shall be composed by using an index "IZD" of the traceability document, four digits of the current year, and the order number of the traceability document of the products or of the product lot (for example, IZD201800001);

40.3. affix a traceability document of the products to the product lot or each part thereof, for example, box, bag, pallet, container;

40.4. keep the traceability documents of the products received and sent together with the product lot for two years and present them upon the request of the responsible officials of the State Environmental Service.

41. If it is impossible to enter the transportation document data in the information system, such document shall be filled out in a paper form in conformity with the transportation document form (Annex 5) and attached to the cargo, as well as submitted to the State Environmental Service in accordance with provisions of Article 68 of Regulation No 1224/2009. A number of the transportation document shall be composed by using an index "TRD" of the transportation document, four digits of the current year, and the order number of the transportation document of the products (for example, TRD201800001); Operators shall keep the transportation document for one year.

42. If it is impossible to enter the take-over declaration data in the information system, such declaration shall be filled out in a paper form according to the take-over declaration form (Annex 9), and submitted to the State Environmental Service in accordance with provisions of Article 66 of Regulation No 1224/2009. A number of the take-over declaration shall be composed by using an index "PPD" of the take-over declaration, four digits of the current year, and the order number of the transportation document of the products (for example, PPD201800001). Operators shall keep the take-over declaration for one year.

43. The State Environmental Service shall, not later than 20 days after the end of a fishing month, hand over the fishing logbooks which have been submitted in a paper form by fishing vessels engaged in fishing in coastal waters in accordance with Paragraph 2 of this Regulation to the State scientific institute "Institute of Food Safety, Animal Health and Environment "BIOR"" (hereinafter - the Institute) for the purpose of entering the data on coastal fishing in the information system and using them in scientific work in accordance with the laws and regulations regarding fishery in the areas of research of fishery resources and collection of fishery data. The Institute shall keep fishing logbooks and a fisherman shall keep copies of fishing logbooks for five years.

44. The State Environmental Service shall enter the data on the fishing logbooks which have been submitted in a paper form by fishing vessels engaged in fishing in coastal waters in accordance with Paragraph 2 of this Regulation in the information system within two weeks. The State Environmental Service shall keep fishing logbooks and a fisherman shall keep copies of fishing logbooks for five years.

VIII. Closing Provisions

45. Cabinet Regulation No. 141 of 24 March 2015, Regulations Regarding the Control of Fish Landing and Inspection of Fish Marketing and Transport Facilities, Warehouses and Processing Premises, (Latvijas Vēstnesis, 2015, No. 65) is repealed.

46. The requirements referred to in Paragraphs 19, 20, 21 and 22 of this Regulation for electronic traceability of products on the market and data to be entered in the information system on the activities with products shall come into force on 1 June 2018.

Prime Minister, acting for the Minister for Health Māris Kučinskis

Minister for Agriculture Jānis Dūklavs

 

Annex 1
Cabinet Regulation No. 94
20 February 2018

Sample Fish Buyer's Registration Certificate

(large State coat of arms)

Ministry of Agriculture of the Republic of Latvia

Fish Buyer's Registration Certificate No. ZP-____

(name, registration number of the merchant and date of the issue)

(legal/declared address)

By this registration certificate the merchant has been registered as a fish buyer in accordance with Cabinet Regulation No. 94 of 24 February 2018, Regulations Regarding the Control of Fish Landing and Inspection of Fish Marketing and Transport Facilities, Warehouses and Processing Premises.

Certificate was issued on
	(date*)

Certificate is valid until
	(date*)

State Secretary of the Ministry of Agriculture

(given name, surname and signature*)

Place for a seal*

Note. The details of the document "date", "signature" and "place for a seal" shall not be completed if the electronic document has been drawn up in accordance with the laws and regulations regarding drawing up of electronic documents.

Minister for Agriculture Jānis Dūklavs

 

Annex 2
Cabinet Regulation No. 94
20 February 2018

Sample Application for the Registration of the Fish Buyer

To the Ministry of Agriculture

Application for the Registration of the Fish Buyer

(name of the applicant)

(legal or declared address, telephone number)

(e-mail address*)

I hereby ask to register the above-mentioned person as a fish buyer and issue a fish buyer's registration certificate.

Applicant/ representative thereof
	(position, given name, surname, personal identity number)

Foreign merchants shall additionally submit the following documents (by appending certified translations of the documents in the official language):

1) a registration certificate of the foreign merchant (copy) which is issued in a home country thereof;

2) a statement issued by a foreign tax administration institution confirming that the applicant does not have tax debts.

(date**)		(the given name, surname and signature of the representative of the applicant**)

Place for a seal**

Notes.

1. * E-mail address to which a user identifier and password shall be sent for electronic registration of transactions in the information system.

2. ** The details of the document "date", "signature" and "Place for a seal" shall not be completed if the electronic document has been drawn up in conformity with the laws and regulations regarding the drawing up of electronic documents.

Minister for Agriculture Jānis Dūklavs

 

Annex 3
Cabinet Regulation No. 94
20 February 2018

Sampling Plan for Landed Fishery Products

I. General Provisions

1. The purpose of the sampling plan is to ensure correct weighing of fishery and marine aquaculture products (hereinafter - the products) during landing thereof.

2. The conditions included in this plan shall be applied to the landing of the products in Latvia from fishing vessels of the Member States of the European Union.

3. The conditions included in this plan shall not be applied to such quantity of the products which is sold from a fishing vessel directly to consumers in retail if such quantity does not exceed 30 kilograms per day, or which is used for self-consumption.

4. In order to determine the quantity of the products, all products shall be weighed on the weights verified in accordance with the procedures laid down in the laws and regulations of the Republic of Latvia by complying with the methodology laid down in the sampling plan.

5. The weighing shall occur during landing prior to the first-sale purchase, movement for storage or transportation of the products to the place of first-sale purchase thereof.

6. The first buyer of the products (hereinafter - the fish buyer) or a person responsible for storage or transportation of the products prior to the first-sale purchase thereof shall register data on the weighing of the products in the data register of the weighing of fishery products (hereinafter - the weighing register). The weighing register shall be kept for three years.

7. The figure resulting from the weighing shall be used in order to fill out a landing declaration, transportation document, sales note, take-over declaration or fishing logbook.

8. The State Environmental Service shall be the competent authority of Latvia in respect of weighing control according to this plan.

9. The State Environmental Service may request that each quantity of the products first landed in the fishing ports and landing sites approved by Latvia is weighed in the presence of officials of the State Environmental Service prior to the transportation thereof from the landing site.

10. The State Environmental Service shall constantly have free access to weighing systems, weighing registers, declarations and all premises of operators where the products are stored or processed.

II. Weighing of Fresh Products

11. Persons referred to in Paragraph 6 of this plan shall register data on weighing in the weighing register of fresh products in accordance with Table 1:

Table 1

Weighing data register of fresh products

1.	Weighing date (dd.mm.yyyy)
2.	The name and external registration letters and number of the vessel from which fishery products are landed
3.	FAO alpha-3 code of the species
4.	Type of the weighed fishery products presentation
5.	One tare unit weight (kg)
6.	Weighing result - weight of the product in kilograms
7.	Average weight per one tare unit (kg)
8.	Number of weighed tare units (pieces)
9.	Total number of tare units (pieces)
10.	Total weight of fishery products (kg) (column 7 x 9)
11.	Percentage reduction applied due to removal of water and ice (%)
12.	Sampling of species of fishery products for detection of the fishing composition of catch*
Species		Percentage in a sample
		1.	2.	3.	4.	5.		6.	average
Name of scales and certificate number
Fishery products weighed by (the name of the undertaking, position, given name, surname, signature of the responsible person)

Note. * To be completed only for mixed catches.

12. A separate sheet of the weighing register shall be completed for weighing of each species of catch products. One sheet of the weighing register shall be completed for weighing of the catch of mixed species if they are landed unsorted.

13. Amount of the products in the catch of mixed species shall be determined by sampling from several places in a catch. The number of samples shall be determined depending on the amount of catch in accordance with Table 2. The weight of each sample shall be at least 2 kilograms. Percentage of species composition in a catch shall be calculated as an average percentage value for each species from the sum of percentage of separate samples.

Table 2

Quantity of catch	Number of samples (not less than)
Less than 1 ton	1
1-20 tons	3
20-40 tons	5
More than 40 tons	7

14. Where the weighing is carried out on a conveyor belt system, a visible counter shall be fitted that records the cumulative total of the weight. The reading of the counter shall be recorded at the beginning of the weighing, the total weight - at the end of the weighing. A person responsible for the weighing shall record all data related to the use of weighing system in the weighing register.

15. If the products are landed in boxes or containers, the minimum number of boxes or containers to be weighed shall correspond to that laid down Table 3.

Table 3

Number of the landed boxes or containers (by species)	Number of the boxes or containers to be weighed
0-25	2
25-50	5
50-100	6
100-200	7
Every next 100	4

III. Ice and Water

16. Prior to the weighing the persons referred to in Paragraph 6 of this plan shall ensure that products are cleaned of ice, insofar as it is possible without damaging fishery products and reducing quality thereof.

17. The applied reduction in weight of water and ice from the total weight shall not exceed 2 per cent of the total initial weight of the products with water and ice. The reduction applied due to the weight of water and ice shall be entered in the weighing register as a percentage together with indication of the deducted water and ice weight.

18. The deduction in weight in relation to the weight of water and ice shall not be applied to the landing intended for industrial uses or the species other than pelagic species.

IV. Weighing of Frozen Products

19. Persons referred to in Paragraph 6 of this plan shall register data on weighing of each landing of frozen products in the weighing register of frozen products in accordance with Table 4.

Table 4

Weighing data register of frozen products

1.	Weighing date (dd.mm.yyyy)
2.	The name and external registration letters and number of the vessel from which fishery products are landed
3.	Species of landed fishery products and type of presentation
4.	Average gross weight in one box or other tare unit (kg)
5.	Number of boxes or other tare units on one pallet (pieces)
6.	Gross weight of each pallet of fishery products present in the sample (kg)
7.	Average gross weight of pallets with fishery products (kg)
8.	Tare weight per box (kg)
9.	Average weight of an empty pallet (kg)
10.	Total number of pallets (pieces)
11.	Total number of boxes (pieces)
12.	Weight of landed fishery products (kg) (4 x 5 x 10) - (9 x 10) - (8 x 11)
13.	Sampling of species of fishery products for detection of the composition of species*
Species		Percentage in a sample
		1.	2.	3.	4.		5.		6.	average
Name of scales and certificate number
Fishery products weighed by (the name of the undertaking, position, given name, surname, signature of the responsible person)

Note. * To be completed only for mixed catches.

20. If frozen products landed in boxes or other tare units are weighed, the weight thereof shall be determined by species and, where relevant, by the types of product presentation multiplying the total number of boxes or other tare units by net average weight of products in one box or other tare unit which is calculated in accordance with Table 5.

Table 5

Size of lot (number of boxes or other tare units)	Sample size (number of pallets)
5000 or less	3
5001-10,000	4
10,001-15,000	5
15,001-20,000	6
20,001-30,000	7
30,001-50,000	8
More than 50 000	9

21. A separate sheet of the weighing register shall be completed for weighing of each species of the products.

22. Average weight of frozen products per box or other tare unit shall be determined separately by species of products by using Table 5 and, where necessary, by taking into account the type of presentation. Samples shall be selected randomly.

23. Each sample pallet with boxes or other tare units shall be weighed. In order to calculate gross average weight of a pallet by taking into account also the type of presentation, where necessary, the total gross weight of the pallets included in the sample shall be divided by the total number of the pallets included in the sample.

24. In order to calculate net weight of each species in one box or other tare unit by taking into account also the type of presentation, where necessary, the following shall be deducted from the gross average weight of the pallets of the sample referred to in Paragraph 26 of this plan:

24.1. the average weight of one box or other tare unit which conforms to the weight of ice and cardboard, plastic or other packaging material multiplied by the number of boxes or other tare units on the pallet. Tare weight of one box or other tare unit shall not exceed 1.5 kilograms;

24.2. the average weight of empty pallets used for landing and sample.

25. By using the methodology laid down in Paragraph 24 of this plan, the net weight of each species shall be calculated per pallet by dividing it by the number of boxes on the pallet.

V. Assessment and Validation of Weighing Data

26. Officials of the State Environmental Service shall request to re-weigh the products if:

26.1. the products have not been weighed on the weights verified in accordance with the laws and regulations regarding the measuring instruments subject to the State metrological control, or the methodology laid down in this plan has not been complied with;

26.2. inconsistencies have been identified by mutually comparing the information referred to in fishing documents with that in sales notes, or storage or transportation documents.

27. In order to comply with the requirements referred to in Sub-paragraph 26.2 of the plan, officials of the State Environmental Service shall examine the fishing data obtained from the information system, the fishing limits available for a vessel for certain species of the products, and also the data on sales notes and storage or transportation documents.

Minister for Agriculture Jānis Dūklavs

 

Annex 4
Cabinet Regulation No. 94
20 February 2018

Sample Application for
Granting the Right of User of the State Information System "Latvian Fisheries Integrated Control and Information System"

[2 July 2019]

 

Annex 5
Cabinet Regulation No. 94
20 February 2018

Zvejas un akvakultūras produktu
transportēšanas dokuments Nr. TRD _______

Fishery and Aquaculture Products
Transportation Document No TRD______

Saskaņā ar izkraušanas sadaļu zvejas kuģa zvejas žurnālā Nr. _____
According to the landing Section of the fishing vessel's Logbook No

Iekraušanas vieta un datums
Place and date of loading
Transportēšanas mērķis		pārdošanai*	uzglabāšanai*	apstrādei
Objective of transportation		for sale*	for storage*	for processing
Saņēmēja nosaukums galamērķī
Name of the consignee at destination
Saņēmēja adrese, vieta
Address, place of the consignee

Zvejas un akvakultūras produktu sugas FAO trīsburtu kods Fishery and aquaculture products species FAO alpha-3 code	Zvejas un akvakultūras produktu svaiguma kategorija (ekstra, A, B) Fishery and aquaculture products freshness category (Extra, A, B)	Zvejas un akvakultūras produktu lieluma kategorija (1, 2, 3, 4, 5, 6, 7a, 7b, 8) Fishery and aquaculture products size category (1, 2, 3, 4, 5, 6, 7a, 7b, 8)	Svars (kg) Weight (kg)	Nozvejas vieta (ICES, NAFO zvejas rajons vai apakšrajons atbilstoši ierakstam zvejas žurnālā) Geographical area of origin (ICES, NAFO fishing division or subdivision according to the record in the fishing logbook)	Zvejas un akvakultūras produktu piedāvāšanas veids Type of fishery and aquaculture products offer	Piezīmes** Notes

Notes.

1. * Par zvejas un akvakultūras produktu pārdošanu pēc to nonākšanas galamērķī vai pārdošanu pēc to uzglabāšanas iesniedz pārdošanas zīmi Ministru kabineta 2018. gada 20. februāra noteikumos Nr. 94 "Nozvejoto zivju izkraušanas kontroles un zivju tirdzniecības un transporta objektu, noliktavu un ražošanas telpu pārbaudes noteikumi" noteiktajā kārtībā.

After fishery and aquaculture products arrival at destination and sale or sale after its storage, the sales note should be submitted according to the procedures laid down in the Regulation of the Cabinet of Ministers No 94 "Rules for Control of Landing of Fish Caught, Inspection of Trade and Transport Facilities, Warehouses and Production Facilities" of 20 February 2018.

2. ** Norāda minimālo zvejas un akvakultūras produktu lielumu.

Specify the minimum fishery and aquaculture products size.

Zvejas un akvakultūras produktu nosūtītāja (zvejnieka) dati Fishery and aquaculture products supplier's (fisher's) data		Zvejas un akvakultūras produktu pārvadātāja dati Fishery and aquaculture products transporter's data
Zvejas un akvakultūras produktu nosūtītāja nosaukums Name of the fishery and aquaculture products supplier		Zvejas un akvakultūras produktu transportētāja nosaukums Name of the fishery and aquaculture products transporter
Tā kuģa reģistrācijas numurs, no kura zivis izkrautas transportēšanai Registration number of vessel from which fish was landed for transportation		Pārvadāšanas transportlīdzekļa valsts reģistrācijas numurs State registration number of the transport vehicle
Kuģa īpašnieka vai kapteiņa vārds, uzvārds Name and surname of the vessel's owner or master		Vārds, uzvārds, paraksts Name, surname and signature
Vārds, uzvārds, paraksts Name, surname and signature

Minister for Agriculture Jānis Dūklavs

 

Annex 6
Cabinet Regulation No. 94
20 February 2018

Pārkraušanas deklarācija Nr. TRA____________
Transhipment Declaration No TRA ___________

Saskaņā ar zvejas kuģa zvejas žurnālu Nr.
According to the fishing vessel's Logbook No

Recipient		Transhipper
Saņēmējkuģa īpašnieks		Pārkrāvējkuģa īpašnieks
Owner of the recipient vessel		Owner of the transhipping vessel
Saņēmējkuģa valstspiederība		Pārkrāvējkuģa valstspiederība
Nationality of the recipient vessel		Nationality of the transhipping vessel
Saņēmējkuģa vārds un reģistrācijas Nr.		Pārkrāvējkuģa vārds un reģistrācijas Nr.
Name and registration No of the recipient vessel		Name and registration No of the transhipping vessel
Saņēmējkuģa kapteiņa vārds, uzvārds		Pārkrāvējkuģa kapteiņa vārds, uzvārds
Recipient vessel master's name, surname		Transhipping vessel master's name, surname
Saņēmējkuģa galamērķa osta
Port of destination of the recipient vessel
Pārkraušanas/saņemšanas vieta/apstiprinātā osta		Pārkraušanas/saņemšanas datums un laiks
Transhipment/place of receipt/designated port		Transhipment/receipt date and time

Zvejas vieta (zvejas rajons, apakšrajons) Fishing zone (division, subdivision)	Zvejas un akvakultūras produktu sugas FAO trīsburtu kods Fishery and aquaculture products species FAO alpha-3 code	Produkcijas veids (svaigas, ķidātas, ar/bez galvām, saldētas, sālītas) Production type (fresh, gutted, head on/off, frozen, salted)	Kastes (gab.) Boxes (number)	Vidējais produkta svars kastē (kg) Average weight of product per box (kg)	Kopējais pārkrauto produktu svars (kg) Total weight of transhipped products (kg)

Saņēmējkuģa kapteiņa paraksts		Pārkrāvējkuģa kapteiņa paraksts
Recipient vessel master's signature		Transhipping vessel master's signature

Atzīme par kontroli/Inspection note

Valsts vides dienesta amatpersona
Official of the State Environmental Service	(amats/position)

(vārds, uzvārds, paraksts/name, surname, signature)

Minister for Agriculture Jānis Dūklavs

 

Annex 7
Cabinet Regulation No. 94
20 February 2018

Sample Sales Note

Zivju pircēja reģistrācijas numurs ZP-__
Fish buyer's registration number

Pārdošanas zīme Nr. _____
Sales Note No

Saskaņā ar izkraušanas sadaļu zvejas kuģa zvejas žurnālā Nr. ________
According to the landing Section in the fishing vessel's Logbook No

Pārņemšanas deklarācijas/transportēšanas dokumenta Nr. __________
Take-over declaration/ Transportation document No

Datums, laiks un darījuma vieta
Date, time and place of transaction

Zvejas un akvakultūras produktu sugas FAO trīsburtu kods The FAO alpha-3 code of fishery and aquaculture products species	Produktu svaiguma kategorija (ekstra, A, B) Products freshness category (Extra A, B)	Produktu lieluma kategorija (1, 2, 3, 4, 5, 6, 7a, 7b, 8) Products size category (1, 2, 3, 4, 5, 6, 7a, 7b, 8)	Svars (kg) Weight (kg)	Pārdošanas cena (bez PVN) (EUR) Sales price (without VAT) (EUR)	Nozvejas vieta (ICES, NAFO zvejas rajons vai apakšrajons atbilstoši ierakstam zvejas žurnālā) Geographical area of origin (ICES, NAFO fishing division or subdivision according to the record in the fishing logbook)	Produktu piedāvāšanas veids Type of products offer	Produkta piegādes vieta, ja to izņem no apgrozības Product destination in case of withdrawal	Piezīmes* Notes*

Note. * Norāda produktu minimālo lielumu/* Specify the minimum product size.

Pārdevēja dati Seller's data		Pircēja dati Buyer's data
Pārdevēja nosaukums Name of seller		Pircēja nosaukums Name of buyer
Tā kuģa reģistrācijas nosaukums un numurs, no kura produkti izkrauti pārdošanai Name and registration number of vessel from which products were landed for sale		Vārds, uzvārds, paraksts Name, surname, signature
Izkraušanas osta un datums Port and date of landing
Kuģa īpašnieka vai kapteiņa vārds, uzvārds Name and surname of the vessel's owner or master
Vārds, uzvārds, paraksts Name, surname, signature

Minister for Agriculture Jānis Dūklavs

 

Annex 8
Cabinet Regulation No. 94
20 February 2018

Sample Traceability Document of Fishery and Marine Aquaculture Products

1. Unique No. IZD___________ of the traceability document and the lot of fishery and marine aquaculture products

Numuru nedrīkst piešķirt atkārtoti. Apvienojot vai sadalot produktu partijas, tām jāpiešķir jauns numurs

Fisheries and marine aquaculture product traceability certificate ID. ID number is unique, never to be repeated. If divided in lots, a new ID number should be used.

2. Operatora nosaukums vai vārds, uzvārds

Designation or name, surname of the operator

3. Address of the operator

Operatora adrese

4. Kuģa reģistrācijas nosaukums un numurs

Name and registration number of vessel

5. Nozvejas vai ražošanas datums

Date of catches or production

6. Zivju pircēja reģistrācijas numurs1

7. Pārdošanas zīmes numurs1

Fish buyer's registration number

Sales note number

8. Sugas FAO trīsburtu kods			9. Produktu svars neto (kg)/īpatņu skaits (gab.)
FAO alpha-3 code of the species			Product net weight (kg)/number of individuals

10. Zvejā izmantoto zvejas rīku kategorija
Category of fishing gear used in capture of fisheries

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Informācija galapatērētājiem²/Information for end consumers

11. Nozvejas ģeogrāfiskais apgabals (FAO zvejas apgabals atbilstoši zvejas žurnālam)
Geographical catch area (ICES, NAFO fishing division or subdivision according to the record in the fishing logbook)
12. Ražošanas metode3					Nozvejots jūrā					Jūras akvakultūra
Production method					Caught at sea					Marine aquaculture
13. Vai produktu partijā ietilpstošie produkti iepriekš ir tikuši sasaldēti?							Jāatzīmē tikai tad, ja produktu partija vai tās daļa ir tikusi sasaldēta
Have products in the lot been previously frozen?							Should be specified only if the lot or part of it was frozen
14. Sugas komerciālais nosaukums
Commercial name of the species
15. Sugas zinātniskais nosaukums
Scientific name of the species

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Aizpilda produkta saņēmējs/To be filled out by operator receiving the product⁴

16. Ja produkts tiek nosūtīts tālāk bez izmaiņām, jaunais partijas numurs
ID number of the new lot, in case lot is shipped further without any changes

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17. Aizpilda, partiju apvienojot/To be filled out only in the case lots are merged

18. Pievienots produktu partijai ar numuru
Included with the lot number

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19. Aizpilda, partiju sadalot/To be filled out only in the case lot is split

20. Sadalīts _____________ (skaits) produktu partijās

Split in ___ (number) of lots

21. Jaunizveidoto partiju numuri
Numbers of newly created lots

22. Information on the lot (mark as appropriate)

The lot is exported5
The lot is used for the production of the products included in headings 1604 and 1605 of Chapter 16 of the Combined Nomenclature
The lot is for retail sale6
The lot is transferred for other purposes
(specify for which, for example, animal feed, flour etc.)

Notes.

¹ To be completed if the product lot is purchased in a transaction of first-sale purchase.

² The operator of the product lot shall complete the information which is intended for a final consumer (columns 11-15) in each traceability document. It shall remain unchanged during the entire transportation and storage, except column 13 in which notation shall be made if the whole product lot or a part thereof has been previously frozen.

³ Mark as appropriate.

⁴ To be completed by the recipient of the product lot when carrying out delivery to the next operator.

⁵ Indicate the exporting country.

⁶ Indicate the name and registration number of a retail company.

Minister for Agriculture Jānis Dūklavs

 

Annex 9
Cabinet Regulation No. 94
of 20 February 2018

Zvejas un akvakultūras produktu
pārņemšanas deklarācija Nr. PPD _____
Fishery and Aquaculture Products Take-over Declaration No

Saskaņā ar izkraušanas sadaļu zvejas kuģa zvejas žurnālā Nr. _____
According to the landing Section of the fishing vessel's Logbook No

Transportēšanas dokumenta Nr. TRD____________
Transportation documents No

Tā kuģa nosaukums un reģistrācijas numurs, no kura zivis izkrautas
Name and registration number of vessel from which fish was landed
Izkraušanas osta un datums
Port and date of landing
Zvejas un akvakultūras produktu sugas FAO trīsburtu kods Fishery and aquaculture products species FAO alpha-3 code	Zvejas un akvakultūras produktu svaiguma kategorija (ekstra, A, B) Fishery and aquaculture products freshness category (Extra, A, B)		Zvejas un akvakultūras produktu lieluma kategorija (1, 2, 3, 4, 5, 6, 7a, 7b, 8) Fishery and aquaculture products size category (1, 2, 3, 4, 5, 6, 7a, 7b, 8)	Svars (kg) Weight (kg)	Nozvejas vieta (ICES, NAFO zvejas rajons vai apakšrajons atbilstoši ierakstam zvejas žurnālā) Geographical area of origin (ICES, NAFO fishing division or subdivision according to the record in the fishing logbook)	Zvejas un akvakultūras produktu piedāvāšanas veids Type of fishery and aquaculture products offer	Piezīmes Notes

Zvejas un akvakultūras produktu nosūtītāja (zvejnieka) dati Fishery and aquaculture products supplier's (fisher's) data		Zvejas un akvakultūras produktu uzglabātāja dati Data of storer of fishery and aquaculture products
Zvejas un akvakultūras produktu nosūtītāja nosaukums Name of the fishery and aquaculture products supplier		Uzņēmuma nosaukums, kurā uzglabā zvejas un akvakultūras produktus Name of the facilities where fishery and aquaculture products are stored
Kuģa īpašnieka vai kapteiņa vārds, uzvārds Name and surname of the vessel's owner or master		Uzņēmuma adrese, kurā uzglabā zvejas un akvakultūras produktus Address of the facilities where fishery and aquaculture products are stored
Vārds, uzvārds, paraksts Name, surname and signature		Vārds, uzvārds, paraksts Name, surname and signature

Minister for Agriculture Jānis Dūklavs

 

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Translation © 2019 Valsts valodas centrs (State Language Centre)