Text consolidated by Valsts valodas centrs (State
Language Centre) with amending laws of:
24 May 2001 [shall come
into force on 20 June 2001];
20 March 2003 [shall come into force on 1 May
2003];
7 April 2004 [shall come into force on 1 May 2004];
16 December 2004 [shall come into force on 11 January
2005];
12 October 2006 [shall come into force on 27 October
2006];
13 March 2008 [shall come into force on 27 March
2008];
12 June 2009 [shall come into force on 1 July
2009];
7 December 2017 [shall come into force on 3 January
2018].
If a whole or part of a section has been amended, the
date of the amending law appears in square brackets at
the end of the section. If a whole section, paragraph or
clause has been deleted, the date of the deletion appears
in square brackets beside the deleted section, paragraph
or clause.
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The Saeima1 has adopted
President has proclaimed the following law:
Rural Support
Service Law
Chapter I
General Provisions
Section 1. Terms Used in this
Law
The terms used in this Law are as follows:
1) State aid - State financial aid the objective of
which is to increase competitiveness of the natural and legal
persons employed in agriculture and countryside;
2) European Union aid - financial aid of the European
Union the objective of which is to increase competitiveness of
the natural and legal persons employed in agriculture and
countryside;
3) accreditation - taking of a decision on the
conformity of the Rural Support Service with the criteria for
accreditation of the structure, activity, and financial
control;
4) certifying authority - an independent and competent
third party which confirms by an opinion the conformity of the
Rural Support Service with the accreditation criteria and carries
out an annual external audit;
5) internal audit - evaluation of the internal control
system of the institution for the purpose of providing
recommendations for the improvement of such system in order to
ensure efficient State administration activity;
6) external audit - evaluation of the efficiency of
activity of and use of finances by the institution carried out by
the certifying authority;
7) [16 December 2004].
[20 March 2003; 16 December 2004]
Section 2. Purpose of this Law
The purpose of this Law is to ensure a single implementation
of the agricultural and rural support policy, and also the
administration system of the State and European Union aid in the
country.
Chapter
II
Functions of the Rural Support Service and Sources of the
Financing Thereof
[7 April 2004]
Section 3. Rural Support Service
(1) The Rural Support Service (hereinafter - the Service) is
an institution of direct administration under subordination of
the Ministry of Agriculture which is responsible for the single
implementation of the State aid and European Union aid policy in
the country, supervises the conformity with the laws and
regulations in the field of agriculture, and performs other
functions related to the implementation of the agricultural and
rural support policy.
(2) [7 April 2004]
(3) [7 April 2004]
(4) [7 April 2004]
[7 April 2004]
Section 3.1 Electronic
Application System
(1) In order to improve efficiency of the State aid and
European Union aid monitoring, the Service shall establish and
maintain the special online form - electronic application
system.
(2) The Service shall ensure access to the electronic
application system for an applicant for aid, using the user
authentification means issued by the Service or the solution for
the identification of a person of the State information system
integrator under supervision of the State Regional Development
Agency.
(3) Applicants for aid shall submit the submission for the
receipt of State aid and European Union aid, and also the
documents appended thereto to the Service, using the electronic
application system, unless it is provided for in the laws and
regulations governing the procedures for granting the relevant
aid that the submission shall be submitted in paper form. If the
document is submitted, using the electronic application system,
such document shall also have legal force if the detail
"signature" is not on it.
[7 December 2017]
Section 4. Functions of the
Service
(1) The Service shall perform, within the scope of its
competence, the following functions:
1) administer the State aid and European Union aid to
countryside, agriculture, forestry, and fishery [accept and
assess submissions (projects) for the receipt of aid, take the
decision to grant financing or to refuse to grant it, decide on
disbursement of the aid or refusal to disburse it, and carry out
accounting of the disbursed aid and control of the use
thereof];
2) request from natural and legal persons the information
necessary for maintaining registers and databases in accordance
with the procedures laid down in laws and regulations;
3) issue the permits, confirmations, and special permits
(licences) specified in laws and regulations;
4) represent the interests of manufacturers of non-processed
agricultural production in a court;
5) submit claims to a court arising from the liabilities of
natural and legal persons in respect to the use of State aid and
European Union aid if it is done not in accordance with laws and
regulations;
6) in the cases specified in the law, examine administrative
offence cases and impose administrative penalties;
7) implement intervention measures on the market of
agricultural products;
8) administer the regimen of external trade of agricultural
products and processed agricultural products in accordance with
the procedures laid down in laws and regulations;
9) [7 December 2017];
10) administer plant produce quotas in accordance with the
procedures laid down in laws and regulations;
11) provide information to the European Commission in
accordance with the procedures laid down in laws and
regulations.
(2) The Service shall be exempted from court expenditures in
claims arising from the liabilities of natural and legal persons
in respect of the use of State aid and European Union aid if it
is done not in accordance with laws and regulations. Recovery in
such cases is made in favour of the State.
[12 June 2009; 7 December 2017 / Amendment regarding the
deletion of Clause 6 of Paragraph one shall be included in the
wording of the Law as of the day of coming into force of the
relevant amendments to the Administrative Violations Code of
Latvia. See Paragraph 11 of Transitional Provisions]
Section 5. Sources of Financing
Necessary for the Performance of the Functions of the Service
(1) The sources of financing for the State administration
functions delegated to the Service shall be as follows:
1) subsidy of the State budget from general revenue;
2) revenue from the paid services provided by the Service in
accordance with the laws and regulations regarding paid
services;
3) gifts, donations, and foreign non-refundable technical
aid.
(2) The funds from the State budget intended for such purpose
shall be used for the financing of intervention measures. Revenue
from the sale of products purchased through intervention shall be
used in order to finance intervention and State aid measures in
agriculture in the future.
[20 March 2003; 7 April 2004; 13 March 2008]
Section 6. Competence of the
Minister for Agriculture
[7 April 2004]
Chapter
III
Rights of Officials and Employees of the Service
[7 April 2004]
Section 7. Officials and Employees
of the Service
[7 April 2004]
Section 8. Duties of Officials of
the Service
[7 April 2004]
Section 9. Director of the
Service
[7 April 2004]
Section 10. Manager of the Board
[7 April 2004]
Section 11. Rights of Officials and
Employees of the Service
When supervising the enforcement of the laws and regulations
governing the State aid and European Union aid, and also when
performing other functions of the Service specified in this Law,
its officials shall carry out the following within the scope of
their competence:
1) verify whether the requirements of laws and regulations are
conformed to;
2) suspend or prohibit those activities by which laws and
regulations are violated;
3) take decisions, provide opinions, and issue orders, examine
materials on the violations of the laws and regulations within
the competence of the Service;
4) request and receive free of charge written information from
natural and legal persons which is necessary for the
administration of the State aid and European Union aid, and also
become acquainted with the relevant documents.
Chapter
IV
Enforcement of the Decisions of Officials of the Service and
Procedures for the Contesting and Appealing Thereof
[20 March 2003 / See
Transitional Provisions]
Section 12. Compliance with the
Requirements of Officials of the Service
The decisions taken and orders issued by officials of the
Service within the scope of the competence specified in law shall
be mandatory for the natural and legal persons subject to control
and supervision of the Service who or which apply for the State
aid and European Union aid and to whom or which it has been
granted.
Section 12.1 Notification
of the Document Issued by the Service
(1) The Service shall notify the applicant for aid of the
issued document, using the electronic application system, except
for the case specified in Paragraph three of this Section, and
concurrently ensure the availability of the relevant
communication and document in the account of the official
electronic address for the applicant for aid for whom the account
of the official electronic address has been activated.
(2) The decision created electronically in the information
system of the Service on the submission of the applicant for aid
for the receipt of State aid and European Union aid and the
documents related thereto shall be binding without the signature
of an official. In such case, the indication "Dokuments ir
sagatavots elektroniski un ir derīgs bez paraksta" [The document
has been prepared electronically and is valid without a
signature] shall be on the decision on the submission of the
applicant for aid for the receipt of State aid and European Union
aid and the documents related thereto.
(3) An applicant for aid - natural person who is not
performing economic activity - has the right to choose either to
receive the documents issued by the Service in the electronic
application system or in the form of a printed document.
[7 December 2017 / See Paragraph 10 of Transitional
Provisions]
Section 13. Procedures for
Contesting and Appealing Administrative Acts Issued by Officials
of the Service
The administrative acts issued by officials of the Service may
be contested and appealed in accordance with the Administrative
Procedure Law according to the following procedures:
1) the administrative acts issued by the heads of units of the
board may be contested by submitting a submission to the head of
the relevant board;
2) the administrative acts issued by the officials of units of
the central headquarters of the Service and by the heads of
boards may be contested by submitting a relevant submission to
the Service;
3) the administrative acts issued by the Director of the
Service may be appealed to the court.
[20 March 2003 / See Transitional Provisions]
Chapter V
Accreditation of the Service and Assessment of the Conformity
Thereof
Section 14. Accreditation of the
Service
(1) The Ministry of Agriculture shall accredit the Service for
the performance of those functions which are necessary for the
administration of the European Union aid.
(2) The conformity of the Service for the accreditation in
respect of performance of those functions which are necessary for
the administration of the European Union aid shall be assessed in
accordance with the conditions and criteria which are included in
Regulation (EU) No 1306/2013 of the European Parliament and of
the Council of 17 December 2013 on the financing, management and
monitoring of the common agricultural policy and repealing
Council Regulations (EEC) No 352/78, (EC) No 165/94, (EC) No
2799/98, (EC) No 814/2000, (EC) No 1290/2005 and (EC) NO 485/2008
and Commission Delegated Regulation (EU) No 907/2014 of 11 March
2014 supplementing Regulation (EU) No 1306/2013 of the European
Parliament and of the Council with regard to paying agencies and
other bodies, financial management, clearance of accounts,
securities and use of euro (hereinafter - the accreditation
criteria).
(3) On the basis of the opinion of the certifying authority,
the Ministry of Agriculture shall, within a month after receipt
of the opinion of the certifying authority, take the decision to
grant accreditation to the Service.
(4) The Ministry of Agriculture shall inform the European
Commission in writing of taking the decision to accredit the
Service.
[12 October 2006; 7 December 2017]
Section 15. Assessment of the
Conformity of the Service
(1) The conformity of the Service and the external audit for
the current year of the annual financial statement drawn up by
the Service shall be assessed by the certifying authority which
is selected by the Ministry of Agriculture in accordance with
tender procedures. The certifying authority shall provide an
opinion on the conformity of the Service with the accreditation
criteria.
(2) The certifying authority shall submit the prepared opinion
to the Ministry of Agriculture and the European Commission.
(3) The operation of the control system of the Service in
accordance with the declaration of assurance laid down in
Commission Delegated Regulation (EU) No 907/2014 of 11 March 2014
supplementing Regulation (EU) No 1306/2013 of the European
Parliament and of the Council with regard to paying agencies and
other bodies, financial management, clearance of accounts,
securities and use of euro shall ensure the compliance with the
accreditation criteria and justification of payments at least in
the amount of 98 per cent of the total amount of payments made
within the framework of the European Agricultural Guarantee Fund
or European Agricultural Fund for Rural Development.
[12 October 2006; 13 March 2008; 7 December 2017]
Section 16. Additional
Accreditation
(1) If the Service fails to fulfil any of the accreditation
criteria, the Ministry of Agriculture shall grant additional
accreditation to it, determining a time period for the
elimination of the deficiencies established.
(2) If the Service fails to eliminate the deficiencies within
the specified time period, the Ministry of Agriculture shall
cancel the provisional accreditation granted to the Service and
inform the European Commission thereof.
[12 October 2006]
Transitional
provisions
1. The Service shall be the successor in the rights and
obligations of the Rural Support Service subordinated to the
Ministry of Agriculture.
2. [25 May 2001]
3. The Law shall come into force on the day following its
proclamation.
4. The Rural Support service shall be the successor in the
rights and obligations of bezpeļņas organizācija valsts akciju
sabiedrība "Lauksaimniecības tirgus intervences aģentūra"
[the non-profit-making organisation State stock company
Agricultural Market Intervention Agency].
[20 March 2003]
5. The special permits (licences) issued by the
non-profit-making organisation State stock company Agricultural
Market Intervention Agency for export and import shall be valid
until expiry of the time period indicated therein.
[20 March 2003]
6. Amendments to the title of Chapter IV and Section 13 of the
Law in relation to contesting administrative acts shall come into
force concurrently with the Administrative Procedure Law.
[20 March 2003; 7 April 2004]
7. From 1 May 2003 the law On Latvian Grain Market and State
Grain Reserve (Latvijas Republikas Augstākās Padomes un
Valdības Ziņotājs, 1993, No. 22./23; Latvijas Republikas
Saeimas un Ministru Kabineta Ziņotājs, 1995, Nos. 5, 20;
1997, No. 16; 1998, No. 6; 1999, Nos. 19, 22; 2000, No. 12.;
2002, No. 2) is repealed.
[20 March 2003]
8. Until the day of entering into effect of the By-laws of the
Rural Support Service, but not later than until 1 January 2005,
Cabinet Regulation No. 366 of 24 October 2000, By-laws of the
Rural Support Service, shall apply, insofar as they are not in
contradiction with this Law.
[7 April 2004]
9. The conformity of the Service for accreditation which is
granted in relation to the performance of those functions which
are necessary for the administration of such European Union aid
which is issued on the basis of the agreements between the
European Union and the Republic of Latvia shall remain in effect
until complete fulfilment of the commitments specified in the
relevant agreements.
[12 October 2006]
10. The Service shall apply the requirement of Section
12.1, Paragraph one of this Law for the availability
of communication and documents in the account of the official
electronic address from 1 June 2018 in relation to natural
persons and from1 January 2020 in relation to legal persons.
[7 December 2017]
11. Amendment regarding the deletion of Section 4, Paragraph
one, Clause 6 of this Law shall come into force concurrently with
the relevant amendments to the Administrative Violations Code of
Latvia.
[7 December 2017 / The abovementioned amendment shall be
included in the wording of the Law as of the day of coming into
force of the relevant amendments to the Administrative Violations
Code of Latvia]
The Law has been adopted by the Saeima on 6 April
2000.
President V. Vīķe-Freiberga
Rīga, 27 April 2000
1 The Parliament of the Republic of
Latvia
Translation © 2022 Valsts valodas centrs (State
Language Centre)