Text consolidated by Tulkošanas un terminoloģijas centrs (Translation and Terminology Centre) with amending regulations of:
9 October 2007 (No. 693).
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. 269
Adopted 17 April 2007
Procedures by which State and European Union Support is Granted to Agriculture in the Framework of Direct Support Schemes
Issued pursuant to Section 5, Paragraph four of the
Law on Agriculture and Rural Development
1. General Provisions
1. These Regulations prescribe the procedures by which State and European Union support is granted to agriculture in the framework of direct support schemes in accordance with Council Regulation (EC) No. 1782/2003 of 29 September 2003 establishing common rules for direct support schemes under the common agricultural policy and establishing certain support schemes for farmers and amending Regulations (EEC) No. 2019/93, (EC) No. 1452/2001, (EC) No. 1453/2001, (EC) No. 1454/2001, (EC) 1868/94, (EC) No. 1251/1999, (EC) No. 1254/1999, (EC) No. 1673/2000, (EEC) No. 2358/71 and (EC) No. 2529/2001 (hereinafter – Regulation No. 1782/2003).
2. The types of State and European Union support shall be as follows:
2.1. a single area payment;
2.2. complementary national direct payments:
2.2.1. for arable crop areas;
2.2.2. for fodder areas;
2.2.3. for slaughtered or exported bovine animals;
2.2.4. for suckler cows;
2.2.5. for ewes;
2.2.6. for seeds of grasses and flax; and
2.2.7. for potato starch;
2.3. decoupled complementary national direct payments:
2.3.1. for areas;
2.3.2. for milk;
2.3.3. for slaughtered or exported bovine animals;
2.3.4. in special cases for new farmers;
2.4. separate sugar payment; and
2.5. aid for energy crops.
3. Payments may be received by farmers who comply with the requirements prescribed by Article 2 (a) of Regulation No. 1782/2003.
4. The Rural Support Service according to the requirements prescribed by Article 40 (4) of Regulation No. 1782/2003 shall allow derogation from the provisions prescribed in these Regulations due to the following exceptional circumstances:
4.1. the long-term professional incapacity of a farmer;
4.2. the death of a farmer;
4.3. expropriation of a large part of the holding for the requirements of the State or the public provided that the farmer could not have anticipated this on the day when the commitments were undertaken;
4.4. a severe natural disaster or fire that significantly affects the farmer’s land utilised for agriculture and buildings that are utilised for the keeping of farm animals; or,
4.5. an epizootic that has affected part or all of the farmer’s livestock.
5. If the exceptional circumstances specified in Sub-paragraphs 4.1, 4.2, 4.3, 4.4 or 4.5 of these Regulations have set in, the beneficiary or his or her authorised person within a period of 10 working days, starting from the day that such opportunity arises, shall submit to the relevant regional agricultural office of the Rural Support Service in whose area the submission for payment is registered, the following:
5.1. a detailed description regarding the setting in of the exceptional circumstances; and,
5.2. documents attesting to the exceptional circumstances.
6. The Rural Support Service shall grant payment for the relevant number of units for support, except for the cases that are specified in Paragraphs 87 and 88 of these Regulations, as well as the cases that are specified in Commission Regulation (EC) No. 796/2004 of 21 April 2004, laying down detailed rules for the implementation of cross-compliance, modulation and the integrated administration and control system provided for in Council Regulation (EC) No. 1782/2003 establishing common rules for direct support schemes under the common agricultural policy and establishing certain support schemes for farmers (hereinafter – Regulation No. 796/2004).
7. The Rural Support Service shall take a decision regarding the granting of the payments specified in Paragraph 2 of these Regulations and shall ensure the complete payment thereof by 30 June of the following year.
8. The regional agricultural office of the Rural Support Service shall ensure access to the forms specified in Annex 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12 and 13 of these Regulations and the issuance of maps of the land utilised for agriculture at least three weeks prior to the expiry date of the application submitted for the relevant type of support.
9. For the receipt of support a farmer shall submit (in person or by post) to the regional agricultural office of the Rural Support Service an application according to the requirements of these Regulations and other documents necessary for the receipt of payments. On applying for a single area payment, complementary national direct payments for arable crop areas, for forage areas, decoupled complementary national direct payments, decoupled complementary national direct payments for slaughtered or exported bovine animals, decoupled complementary national direct payments in special cases to new farmers, as well as for aid energy crops, the farmer shall submit a single application for the single area payment (Annex 1) in accordance with Article 11 of Regulation No. 796/2004.
10. If the Rural Support Service has requested in writing additional information regarding the payments specified in these Regulations, the farmer shall provide a written reply within a time period of two weeks from the day of receipt of the letter from the Rural Support Service.
2. Single Area Payment and Complementary National Direct Payments for Arable Crop Areas and for Fodder Areas
2.1. Single Area Payment
11. A single area payment may be received for land utilised for agriculture in accordance with the crop codes specified in these Regulations (Annex 14), if the land has been in good agricultural condition on 30 June 2003 and:
11.1. it has no bushes or invasive genus Sosnowski hogweed plant species;
11.2. it has not become swampy and has not begun to afforest; and,
11.3. it conforms with the conditions prescribed by Paragraphs 24 and 25 of these Regulations for good agricultural and environmental conditions.
12. Single area payment may be received for those areas of land utilised for agriculture whose minimum total area is at least one hectare, but the area of each field (a continuous parcel of land in which one farmer cultivates one crop) is at least 0.3 ha.
13. The Rural Support Service, on granting a single area payment, shall calculate and apply the coefficient of reduction in accordance with Article 143b of Regulation No. 1782/2003.
2.2. Complementary National Direct Payments for Arable Crop Areas and for Fodder Areas
14. Complementary national direct payment for arable crop areas may be received for the arable crop areas specified in Article 76 and Annex 9 of Regulation No. 1782/2003 and in accordance with the crop codes specified in these Regulations (Annex 14), if the sowings of arable crops in the arable crop area in normal growing conditions are sown by 15 June of the current year and maintained at least until the start of their ripening phase.
15. Complementary national direct payments for fodder areas may be received for such areas (in accordance with the crop codes specified in Annex 14 of these Regulations) with the provision that these are utilised for the obtaining forage or for animal grazing (the grass shall be grazed down and mowed around or mowed off and removed at least once by 1 August of the current year):
15.1. for perennial grasses sown into arable land – for areas in which the botanical component of the sward predominantly forms from cultivated papilionaceous plants and cereal grass species and that typically has a uniform sward density; and,
15.2. for areas where cereals, grain, legumes and maize for green forage and silage are grown.
16. Cultivated papilionaceous plants and cereal grass species shall be lucerne, orientalis galega, red clover, white clover, hybrid clover, timothy grass, cocksfoot grass, meadow fescue, meadow foxtail, perennial ryegrass, smooth-stalk meadow-grass and red fescue.
17. Complementary national direct payments for arable crop areas and for fodder areas may be received for areas of land utilised for agriculture, if the following conditions are observed:
17.1. they comply with the conditions for receiving a single area payment; and,
17.2. their minimum total area is at least one hectare, but the area of each field is at least 0.3 ha.
18. Complementary national direct payments for arable crop areas and for fodder areas shall be administrated according to the provisions of Regulation No. 796/2004, except for Paragraph two of Article 51 (2) thereof.
19. The Rural Support Service, on granting complementary national direct payments, by 1 March of the next year shall calculate and apply the coefficient of reduction in accordance with Article 139 of Commission Regulation (EC) No. 1973/2004 laying down detailed rules for the application of Council Regulation (EC) No. 1782/2003 as regards the support schemes provided for in Titles IV and IVa of that Regulation and the use of land set aside for the production of raw materials (hereinafter – Regulation No. 1973/2004).
2.3. Conditions for the Submitting of Applications
20. When applying for a single area payment, complementary national direct payments for arable crop areas or for fodder areas, a farmer by 15 May of the current year shall submit (in person or by post) the following documents to the regional agricultural office of the Rural Support Service:
20.1. an application (Annex 1); and,
20.2. the map of the land to be utilised for agriculture issued by the Rural Support Service in which the managed areas of land to be utilised for agriculture are marked.
21. If the application specified in Paragraph 20 of these Regulations is submitted after 15 May of the current year, but not later than 25 days after this deadline, the amount which the farmer could have received shall be reduced according to the conditions of Article 21 (1) of Regulation No. 796/2004, except for the cases where it was not possible to submit the application by 15 May due to exceptional circumstances. If the delay amounts to more than 25 calendar days, the application shall be inadmissible.
22. If a bee-keeper is applying for a single area payment, who has a registered bee colony, then in addition to the documents specified in Paragraph 20 of these Regulations he or she shall also submit a copy of the registration certificate of the colony. If a farmer manages permanent meadows or pastures that a bee-keeper utilises for the collection of nectar for bee-keeping purposes, then in addition to the documents specified in Paragraph 20 of these Regulations he or she shall submit a copy of a contract entered into by the land manager and the owner of the bee colony regarding the utilisation of the area for the collection of nectar for bee-keeping purposes, as well as a copy of the registration certificate of the colony.
23. If amendments and additions are necessary to the application specified in Paragraph 20 of these Regulations, the farmer in accordance with Article 15 of Regulation No 796/2004 shall submit an updated application (in person or by post) to the regional agricultural office of the Rural Support Service, but not later than 25 calendar days after 15 May of the current year in accordance with Article 21 (1) of Regulation No. 796/2004.
2.4. Conditions for Good Agricultural and Environmental Conditions
24. Applying for a single area payment, a farmer shall observe the following conditions for good agricultural and environmental conditions of land to be utilised in agriculture:
24.1. the land utilised for agriculture shall be cultivated and crops shall be grown on such land by utilising agricultural technology for sowing and crop maintenance that is appropriate to the species, i.e., observing sowing periods, necessary fertilisation, as well as weed control and other plant protection measures;
24.2. the existing amelioration system on land utilised for agriculture in the responsibility of the farmer shall be maintained ensuring the regulation of the soil moisture regime;
24.3. plants or plant remains and stubble shall be worked into the soil in order to maintain the fertility of the land to be utilised for agriculture;
24.4. permanent meadows or pastures, as well as perennial grasses sown into the arable land:
24.4.1. shall be grazed down and mown around or mowed down at least once, the grass shall be removed or ground and dispersed by 1 August of the current year; or,
24.4.2. shall be grazed down and mown around or mowed down at least once, the grass shall be removed or ground and dispersed by 10 September of the current year, if the botanical component of sward is predominantly formed by white clover or field knapweed and the areas are utilised for the collection of nectar in bee-keeping.
25. Applying for a single area payment, a farmer shall observe the following special conditions for good agricultural and environmental conditions:
25.1. in areas that are declared for support under the Agrovide [agri-environment] sub-measure “Maintenance of Biological Diversity in Grasslands”, for the maintenance of amelioration systems or parts thereof shall be co-ordinated with the Rural Support Service or shall be written off in accordance with the regulatory enactments regarding the amelioration cadastre;