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Regulations Regarding the Control of Fish Landing and Inspection of Fish Marketing and Transport Facilities, Warehouses and Processing PremisesIssued pursuant
to I. General Provision1. 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, and also 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), and also warehouses and processing premises. [2 July 2019] II. Procedures for the Submission of Catch and Landing Data2. [4 June 2024] 3. [4 June 2024] 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 of Marine Fishery and Aquaculture Products[2 July 2019] 5. The first sale of marine fishery and aquaculture products (hereinafter - the products) shall be made by the first fish buyers (hereinafter - the fish buyers) registered in the State information system Latvian Fisheries Integrated Control and Information System of the Ministry of Agriculture (hereinafter - the information system) who have received the fish buyer's registration certificate from the Ministry of Agriculture (Annex 1). The certificate shall be valid for three years from the day of issue thereof. [4 June 2024] 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 the 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 sample application have not been 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 may not be 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 of products in the information system, and also 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 sample application have not been appended to the application, and the applicant has failed to submit all required information within the specified time limit; 9.2. the fish buyer's registration certificate was cancelled during the previous term of validity and the time limit referred to in Paragraph 11 of this Regulation has not expired; 9.3. in accordance with the information available in the database of debtors of the taxes (fees) administered by the State Revenue Service, the applicant has debt of taxes, fees 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 (fees). 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 violated 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, and also if the first sale 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 of the products takes place. [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 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) or the control plan applied to weighing of the catches obtained in the coastal waters of Latvia using fishing gear for herrings, smelts, and round gobies after transport of the products from the landing site (Annex 3.1). [4 June 2024] 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 transaction of products, including a transaction which occurs after transport of the products from the landing site to another place of first sale of such products, the fish buyers shall, in conformity with the requirements referred to in Article 63 of Regulation No 1224/2009, enter the sales note data in the information system. [4 June 2024] 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 thereof or conduct any activities with product lots after the first sale 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 the data on activities with product lots. The Ministry of Agriculture shall grant the right of user for an indefinite 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 Market19. 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 transaction shall, not later than within 12 hours, register the sale data in the information system, but the buyer shall confirm them in the information system within 12 hours. [4 June 2024] 21. If a product lot is marketed in a retail outlet, 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 in compliance with Article 68 of Regulation No 1224/2009 and Paragraph 41 of this Regulation. [4 June 2024] 25. The transporter shall be exempted from compliance with the requirements referred to in Paragraph 24 of this Regulation if the products are transported: 25.1. within 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; 25.2. to the weighing site of products in accordance with the conditions of the control plan for the weighing of catch referred to in Paragraph 14 of this Regulation. [4 June 2024] 26. When inspecting a vehicle in which products are transported, and also 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, and also 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. 27.1 If the country to which fishery products brought into Latvia that are not placed on the market are exported requires a confirmation that no operations other than unloading, reloading, or any operation designed to preserve them in good and genuine condition have been carried out in Latvia and that they were stored in a customs warehouse (hereinafter - the warehouse): 27.11. before exporting the relevant fishery products from their storage place, the exporter of fishery products shall submit documented evidence to the Food and Veterinary Service in accordance with Article 14(1) of Regulation No 1005/2008 and also documents confirming the purchase that contain the information specified in Article 3(1) and (2) of Commission Implementing Regulation (EU) No 931/2011 of 19 September 2011 on the traceability requirements set by Regulation (EC) No 178/2002 of the European Parliament and of the Council for food of animal origin (hereinafter - Regulation No 931/2011); 27.1 2. the Food and Veterinary Service shall verify the data of the documents referred to in Sub-paragraph 27.11 of this Regulation and also, if necessary, inspect the warehouse and confirm that no operations other than unloading, reloading, or any operation designed to preserve them in good and genuine condition have been carried out in Latvia. [4 June 2024] 27.2 If the country to which fishery products are exported requires the statement on the processing of fishery products in accordance with Article 14(2) of and Annex IV to Regulation No 1005/2008: 27.21. the exporter of fishery products shall fill out and submit the statement to the Food and Veterinary Service in accordance with Article 14(2) of and Annex IV to Regulation No 1005/2008 accompanied by the relevant catch certificate for the fishery products used in processing or a certificate approved by the competent authority of the flag State of the fishing vessel which has taken the catch, and also documents confirming the purchase of fishery products that contain the information specified in Article 3(1) and (2) of Regulation No 931/2011 by meeting the following conditions: 27.21.1. if the relevant fishery products were brought in into Latvia from another European Union Member State where they were landed from a fishing vessel or put into free circulation for bringing in into the European Union, the exporter of fishery products shall indicate in the processing statement the European Union Member State where the fishery products were brought in; 27.21.2. if the relevant fishery products were brought in and put into free circulation in Latvia, the catch certificate and accompanying documents have been verified by the State Environmental Service in accordance with the procedures laid down in Sub-paragraph 27.3 of this Regulation; 27.2 2. the Food and Veterinary Service shall examine the fishery product documents referred to in Sub-paragraph 27.21 of this Regulation and, using the data available in the information system about the approval of the catch certificates of fishery products referred to in Sub-paragraph 27.21.2 of this Regulation by the State Environmental Service, verify the description and quantity of the products indicated in the processing statement and confirm that the raw material of the fishery products has been used in the processing of the relevant fishery products, as indicated in the accompanying catch certificate or certificates; 27.23. if necessary, in the case referred to in Sub-paragraph 27.21.2 of this Regulation, the State Environmental Service shall certify the conformity of the catch certificate issued by the European Union or third countries with the requirements of Article 14(2)(b) of Regulation No 1005/2008. [4 June 2024] 27.3 The Food and Veterinary Service shall provide the confirmation referred to in Sub-paragraphs 27.12 and 27.22 of this Regulation within five working days after receipt of all necessary documents that have been filled out correctly. [4 June 2024] 28. In order to ensure compliance with the requirements of Regulation (EU) 2023/2833 of the European Parliament and of the Council of 13 December 2023 establishing a catch documentation programme for bluefin tuna (Thunnus thynnus) and repealing Regulation (EU) No 640/2010 (hereinafter - Regulation No 2023/2833): 28.1. in the case of the export of bluefin tuna, the Ministry of Agriculture shall approve the conformity of the data on ICCAT bluefin tuna catch document drawn up in accordance with the requirements referred to in Annex II to Regulation No 2023/2833 (hereinafter - the tuna catch document) with the catch taken by Latvian fishermen; 28.2. an importer of bluefin tuna shall submit the tuna catch document drawn up in accordance with the requirements laid down in Annexes I, II, and III to Regulation No 2023/2833 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 I, II, III, IV, and V to Regulation No 2023/2833 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 7 and 8 of Regulation No 2023/2833, 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. The State Environmental Service may both inspect the content of bluefin tuna lot in accordance with the requirements referred to in Article 9 of Regulation No 2023/2833 and, if 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 4 of the tuna re-export certificate. [4 June 2024] 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 conformity 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, and electronically in the information system - on a permanent basis. [4 June 2024] 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. 32.1 After approval of the documents referred to in Sub-paragraphs 27.12 and 27.22 of this Regulation, the Food and Veterinary Service shall keep them for five years. [4 June 2024] 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, and also 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 complied with 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, and also 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; 35.1 2.2. 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, Take-over, Transportation and Traceability Documents of the Products in a Paper Form and Keeping Thereof36. If for technical reasons it is impossible to enter catch and landing data in the subsystem Electronic System for the Registration and Reporting of Fishing Activities (hereinafter - the system for reporting on fishing activities) of the information system, the master of fishing vessel shall notify the State Environmental Service of this failure. Until operation of the system for reporting on fishing activities is restored, the fishing logbook shall be filled out in a paper form and submitted 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 on fishing activities within 48 hours after rectification of the system error but not later than prior to the commencement of a new fishing trip. [4 June 2024] 37. If a vessel has engaged in fishing of toothfish in accordance with the provisions of Regulation No 1035/2001, the 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 1035/2001 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 the data of the first sale of the products cannot be entered 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 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 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 information on product lots cannot be entered 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 the data of a transportation document cannot be entered 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 the data of a take-over declaration cannot be entered 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. 42.1 The relevant operator shall enter the data of the transportation documents referred to in Paragraph 41 of this Regulation and the takeover declaration referred to in Paragraph 42 of this Regulation into the information system after rectification of the system error but not later than within 24 hours. [4 June 2024] 43. [4 June 2024] 44. [4 June 2024] VIII. Closing Provisions45. 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 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- ___________
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.
Place for a seal* Note. * The details of the document "date", "signature", and "place for a seal" need not be completed if the electronic document has been prepared in accordance with the laws and regulations regarding the drawing up of electronic documents. Minister for Agriculture Jānis Dūklavs
Annex 2 [4 June 2024] Sample Application for the Registration of the Fish BuyerTo the Ministry of Agriculture Application for the Registration of the Fish Buyer
I hereby ask to register the above-mentioned person as a fish buyer and issue a fish buyer's registration certificate.
Foreign operators shall additionally submit the following documents (by appending certified translations of the documents in the official language): 1) a copy of the registration certificate of the foreign merchant issued in the home country thereof; 2) a statement issued by a foreign tax administration institution confirming that the applicant does not have tax debts; 3) a copy of the registration certificate of the food establishment issued in the home country thereof.
Place for a seal*** Notes. 1. * Based on Section 5 of the Law on the Supervision of the Handling of Food, a food establishment (or a person involved in any stage of the handling of food, including the first buyer of fishery products) may engage in the handling of food if it is recognised by or registered with the Food and Veterinary Service. 2. ** E-mail address to which a user identifier and password shall be sent for electronic registration of transactions in the information system. 3. *** The details of the document "date", "signature", and "place for a seal" need not be completed if the electronic document has been prepared in accordance with the laws and regulations regarding the drawing up of electronic documents.
Annex 3 [4 June 2024] Sampling Plan for Landed Fishery ProductsAdopted in accordance with Article 60(1) of Council Regulation (EC) No 1224/2009 of 20 November 2009 establishing a Union 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 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 their landing. 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. This plan shall not apply to the weighing of catches obtained by fishermen for self-consumption and also to the weighing of catches by commercial fishermen that are sold directly from the fishing vessel to the consumer in retail, provided that the amount of products sold does not exceed 30 kilograms per day. In such cases, the entire catch shall be weighed. 4. In order to determine the quantity of 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, movement for storage, or transport of the products to the place of first sale, except for the cases provided for in the control plan in Annex 3.1 to this Regulation when products are intended to be weighed after transport thereof. 6. The first buyer of the products (hereinafter - the fish buyer) or the person responsible for the storage or transportation of products prior to the first sale thereof shall register data on the weighing of the products in the register of the weighing data 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 coastal 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 designated ports and landing sites of 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. The operator has the obligation to ensure that an inspector of the State Environmental Service has unimpeded access to the abovementioned sites and documents for control purposes. II. Weighing Risk Analysis 11. The risk of non-conformity of catch data for the implementation of the rules of the Common Fisheries Policy at ports and landing sites is assessed as medium, based on the following criteria: 11.1. there is a relatively low proportion of previously identified infringements related to landing and weighing within the total number of infringements established in fishery; 11.2. regular inspections by officials of regional boards of the State Environmental Service are ensured at ports and landing sites; 11.3. there is sufficient availability of limits for all vessels from which landing takes place and also no manipulative exceedance of limits has been detected previously. 12. Regular presence of officials of the State Environmental Service during the weighing process of products at the time of the landing of a fishing vessel shall be ensured if at least one of the following conditions is present: 12.1. there are suspicions that the vessel which has acquired products is involved in illegal, unregulated, or unreported fishing; 12.2. sanctions for involvement in illegal, unregulated, or unreported fishing have already been imposed on the vessel; 12.3. the number of penalty points attributed to the vessel is more than 18. III. Weighing of Fresh Products 13. Persons referred to in Paragraph 6 of this plan shall register the data on weighing in the weighing register of fresh products in accordance with Table 1 Table 1 Weighing data register of fresh products
Notes. 1. * To be completed in accordance with Article 74(2) of Commission Implementing Regulation (EU) No 404/2011 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. 2. ** To be completed only for the catch of mixed species. 14. A separate sheet of the weighing register shall be completed for weighing each species of products. One sheet of the weighing register shall be completed for weighing the catch of mixed species if such species are landed unsorted. 15. The amount of the products in the mixed catch 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
16. If the weighing is carried out on a conveyor belt system, a visible counter shall be fitted (weighing system) that records the total weight. The reading of the counter shall be recorded at the beginning of the weighing, the total weight - at the end of the weighing. The person responsible for the weighing shall enter all data related to the use of weighing system in the weighing register. 17. If the products are landed in boxes or containers, the minimum number of boxes or containers to be weighed shall conform to the requirements laid down in Table 3. Table 3
IV. Ice and Water 18. Prior to the weighing, the persons referred to in Paragraph 6 of this plan shall ensure that the products are cleaned of ice, insofar as it is possible without damaging the products and reducing the quality thereof. V. Weighing of Frozen Products 19. The persons referred to in Paragraph 6 of this plan shall register the data on weighing 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
Note. * To be completed only for the catch of mixed species. 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
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 the net weight of each species in one box or other tare unit, if necessary, by taking into account also the type of presentation, the following shall be deducted from the gross average weight of the pallets of the sample referred to in Table 5 in 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. VI. 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 State information system Latvian Fisheries Integrated Control and 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. 28. The State Environmental Service shall make available to the institutions responsible for the supervision of fisheries control and the implementation of the Common Fisheries Policy (the European Commission, the Ministry of Agriculture, etc.) data assessments, risk analysis documents, inspection reports, or other documents that justify the effectiveness of the application of the sampling plan or the need to make amendments thereto.
Annex
3.1 [4 June 2024] Control Plan Applied to Weighing of the Catch Obtained in the Coastal Waters of Latvia Using Fishing Gear for Herrings, Smelts, and Round Gobies after Transport of the Products from the Landing SiteAdopted in accordance with Article 61(1) of Council Regulation (EC) No 1224/2009 of 20 November 2009 establishing a Union 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 - Council Regulation No 1224/2009) I. General Provisions 1. The objective of the control plan (hereinafter - the plan) is to minimise the risk of non-compliance with the rules of the Common Fisheries Policy when a Member State permits to weigh fishery products after transport thereof from the landing site to the final destination within the territory of the respective Member State. 2. The requirements for fishermen laid down in the plan, the inspection procedures of the State Environmental Service, and also the electronic system for the traceability of fishery products established in Latvia allow to ensure effective control of the weighing of catches obtained in Latvian coastal fishing also after transport thereof from the landing site. 3. The need to implement the plan is justified by the specific nature of certain coastal fishing gear referred to in Paragraph 6 of the plan, the technical equipment, and the infrastructure available to coastal fishermen which complicate the removal of the catch from fishing gear and weighing thereof during the landing. 4. The plan shall be applicable to the weighing of fish caught in the Latvian coastal waters after transport thereof from the landing site to the final destination within the territory of the Republic of Latvia in accordance with Article 61(1) of Council Regulation (EC) No 1224/2009 establishing a Union control system for ensuring compliance with the rules of the common fisheries policy (hereinafter - the Control Regulation). The abovementioned final destination of the weighing site (hereinafter - the weighing site) may not be located more than 20 kilometres from the landing site and this final destination shall be registered in accordance with the conditions of Paragraph 13 of the plan. 5. The conditions included in the plan shall be applicable to the weighing of catches obtained in the Latvian coastal waters1 if fish nets (herring and smelt fishery) (mesh size 28-50 mm), traps (herring fishery) (mesh size from 20 to 50 mm, net length not exceeding 600 m), and also fish nets (round goby) (mesh size 60-70 mm), and traps (round goby fishery) (mesh size from 24 to 36 mm, net length not exceeding 150 m) have been used for the catch. 6. In accordance with the conditions of the plan, a coastal fisherman who plans to weigh the catch after transport thereof to a registered weighing site has the obligation to inform the State Environmental Service of the catch of the fishing vessel (boat) and expected arrival time thereof at the port or fish landing site, taking into account the following: 6.1. information shall be submitted using the electronic coastal logbook after the last fishing gear is lifted and before the caught fish are moved to the port or landing site, indicating the following data: 1) the name (number) of the vessel (boat); 2) the name of the port and the berth number or the name of the landing site (as accurately as possible, indicating at least the name of the rural territory); 3) the expected arrival time of the vessel (boat) at the landing site; 4) the FAO alpha-3 code of the species caught (herring - HER, sprat - SPR, cod - COD, salmon - SAL, sea trout - TRS, flounder - FLE, turbot - TUR, smelt - SME, eelpout - ELP, round goby - NBU, fourhorn sculpin - TGQ, cod below the applicable minimum conservation reference size - BMS COD, salmon below the applicable minimum conservation reference size - BMS SAL); 5) the estimated approximate weight in kilograms of each fish species or, in respect of the catch of salmons and sea trouts, the number of fish in pieces; 6.2. the information referred to in Sub-paragraph 6.1 of the plan need not be submitted if a fisherman has submitted a report before the vessel arrives at the port or landing site prior to the start of landing in accordance with Sub-paragraph 8.18.12 of Cabinet Regulation No. 296 of 2 May 2007, Regulations Regarding Commercial Fishing in Territorial Waters and Economic Zone Waters. 7. The plan shall not be applied to the catch obtained in the coastal waters and used for self-consumption and also if the catch has already been removed from the fishing gear referred to in Paragraph 6 of the plan before landing and transportation thereof. In such cases, the catch shall be weighed at the landing site. 8. For the purpose of determining the quantity of the catch obtained with the fishing gear referred to in Paragraph 5 of the plan, the first buyer of the products or the person responsible for the storage of the products shall weigh the entire catch prior to the first sale transaction. Such a catch shall be weighed in accordance with Chapter III of the plan. Note. 1 In accordance with Paragraph 2 of Cabinet Regulation No. 296 of 2 May 2007, Regulations Regarding Commercial Fishing in Territorial Waters and Economic Zone Waters, coastal waters are part of the territorial waters of the Republic of Latvia where the depth does not exceed 20 metres, except for shallow water zones which are located further than 20-metre isobath. II. Risk Assessment of Non-Compliance with the Rules of the Common Fisheries Policy 9. Taking into account that the specific nature of the coastal fishing gear referred to in Paragraph 5 of the plan, the technical equipment, and the infrastructure available to coastal fishermen complicate the removal of the catch from fishing gear and weighing thereof during the landing, it is necessary to weigh the catch after transport thereof from the landing site to appropriately registered weighing sites that are fitted for weighing in order to ensure accurate weighing and registration of the catch, and also properly completed documentation at all stages of production, processing, and distribution of the fishery products. 10. The procedure for weighing catch determined in the plan shall be considered appropriate, since the risk of non-conformity of catch data registered in the coastal logbook with the data specified in the sales note is assessed as medium, based on the following criteria: 10.1. the catch of coastal fishermen has been obtained with the static fishing gear referred to in Paragraph 5 of the plan; 10.2. the quantity of catch obtained in coastal fishing with the gear referred to in Paragraph 5 of the plan that is weighed after transport thereof from the landing site is relatively small; 10.3. there is a relatively low proportion of previously identified infringements related to landing and weighing within the total number of infringements established in coastal fishing; 10.4. there is sufficient availability of fishing opportunities for vessels (boats) and this does not pose a risk of avoiding proper recording and registration of catch. III. Catch Weighing 11. The catch obtained in coastal waters with the fishing gear referred to in Paragraph 5 of the plan shall be weighed on the scales verified in accordance with the procedures laid down in the laws and regulations of the Republic of Latvia. 12. Weighing occurs after transport of the catch from the landing site on the coast to the weighing site that has been registered as a first sale or storage place in the State information system Latvian Fisheries Integrated Control and Information System of the Ministry of Agriculture (hereinafter - the information system) and is not located more than 20 kilometres from the specific landing site of the catch. 13. The person specified in Paragraph 8 of the plan shall register the data on the weighing of products in the weighing data register of fresh fishery products (hereinafter - the weighing register) in accordance with the register data indicated in Table 1. The weighing register shall be kept for three years after the date of registration of the weighing of the specific fishery products. Table 1 Weighing data register of fresh fishery products
14. One sheet of the weighing register shall be completed for weighing each catch landed. 15. The number obtained during weighing and recorded in the weighing register shall be further used to complete the sales note, take-over declaration, or coastal logbook. IV. Checks Related to the Compliance with the Control Plan 16. The competent institution of Latvia in respect of weighing control in conformity with the plan shall be the State Environmental Service. It shall check the registration of the catch and the registration of first sale transactions of fish. 17. The State Environmental Service shall conduct a risk-based comparative check of documents to verify the weighing results registered by the operator in the weighing register, coastal logbook, sales note, and (or) other subsequent transactions involving fishery product lots. 18. The checks by the State Environmental Service shall include the following: 18.1. the check of weighing results for fish species and quantities; 18.2. the check of data from previous notifications of vessels (boats); 18.3. the conformity of the registration of catch data with the data of the weighing register; 18.4. the check of the data of sales notes registered in the information system; 18.5. the history of the infringements committed by the operator in respect of fishing activities; 18.6. if applicable, the compliance with conditions for the provision of seals placed on vehicles or containers that are used for the transportation of fishery products; 18.7. if applicable, the registration of the first buyer. 19. In addition to the checks of documents referred to in Paragraph 18, the State Environmental Service may also conduct random physical inspections. 20. The State Environmental Service shall constantly have free access to the registered weighing sites, weighing systems, weighing registers, and all premises where the fishery products are stored or processed. The operator has the obligation to ensure that officials of the State Environmental Service have unimpeded access to the abovementioned sites and documents for inspection thereof. The State Environmental Service may request at any time that the catch is weighed in the presence of officials of the State Environmental Service. 21. The State Environmental Service shall make available to the institutions responsible for the fisheries control and the implementation of the Common Fisheries Policy (the European Commission, the Ministry of Agriculture, etc.) data assessments, risk analysis documents, inspection reports, or other documents that justify the effectiveness of the application of the control plan related to the weighing of the catch of coastal fishermen or the need to make amendments thereto.
Annex 4 Sample Application for Granting the Right of User of the State Information System the Latvian Fisheries Integrated Control and Information System[2 July 2019]
Annex 5 Fishery and Aquaculture Products Transportation Document No TRD___According to the landing Section of the fishing vessel's Logbook No
Notes. 1. *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. ** Specify the minimum fishery and aquaculture products size.
Minister for Agriculture Jānis Dūklavs
Annex 6 Transhipment Declaration No TRA ___________According to the fishing vessel's Logbook No____
Inspection note
Minister for Agriculture Jānis Dūklavs
Annex 7 Sample Sales NoteFish buyer's registration number__ Sales Note No__ According to the landing Section in the fishing vessel's Logbook No_____ Take-over declaration/ Transportation document No_____
Note. *Specify the minimum product size.
Minister for Agriculture Jānis Dūklavs
Annex 8 Sample Traceability Document of Fishery and Marine Aquaculture Products1. Unique No. IZD of the traceability document and the lot of fishery and marine aquaculture products __________ 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.
To be filled out by operator receiving the product4
17. To be filled out only in the case lots are merged
19. To be filled out only in the case lot is split 20. Split in ___ (number) of lots
22. Information on the lot (mark as appropriate)
Notes. 1 To be completed if the product lot is purchased in a transaction of first sale. 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 period, except for column 13 in which a 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 making delivery to the next operator. 5 Indicate the exporting country. 6 Indicate the name and registration number of a retail undertaking. Minister for Agriculture Jānis Dūklavs
Annex 9 Fishery and Aquaculture Products Take-over Declaration No__According to the landing Section of the fishing vessel's Logbook No___ Transportation documents No____ Name and registration number of vessel from which fish was landed Port and date of landing
Minister for Agriculture Jānis Dūklavs Translation © 2025 Valsts valodas centrs (State Language Centre) |
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Title: Nozvejoto zivju izkraušanas kontroles un zivju tirdzniecības un transporta objektu, noliktavu un ražošanas ..
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