Cabinet
Regulation No 74
Adopted 25 January 2011
Procedure by which Market Intervention Measures Shall be Administered
and Supervised in the Crop Farming and Stock Farming Product Market
Issued pursuant to
Section 6, Paragraph two
of the Law On Agriculture and Rural Development
I. General Provisions
1. These Regulations prescribe the procedure by which market intervention measures shall be
administered and supervised in the crop farming and stock farming product market.
2. The procedure by which intervention measures shall be introduced is prescribed by:
2.1. Council Regulation (EC) No 1234/2007 of 22 October 2007 establishing a
common organisation of agricultural markets and on specific provisions for certain
agricultural products (Single CMO Regulation) (hereinafter – Regulation No 1234/2007);
2.2. Commission Regulation (EU) No1272/2009 of 11 December 2009 laying down
common detailed rules for the implementation of Council Regulation (EC) No 1234/2007 as
regards buying-in and selling of agricultural products under public intervention (hereinafter –
Regulation No 1272/2009);
2.3. Commission Regulation (EC) No 826/2008 of 20 August 2008 laying down
common rules for the granting of private storage aid for certain agricultural products
(hereinafter – Regulation No 826/2008)
3. The intervention measures shall be the following:
3.1. the buying-in under intervention referred to in Article 10 of Regulation No
1234/2007;
3.2. the private storage of the products referred to in Article 28 of Regulation No
1234/2007.
4. The Rural Support Service shall be:
4.1. the intervention agency in accordance with Article 2 of Regulation No 1272/2009;
4.2. the competent authority in accordance with Article 42(4); Article 58; Paragraphs
5, 6 and 7 of Part I of Annex IV; Part III of Annex IV; Paragraphs 5 and 6(3) of Part I of
Annex V of Regulation No 1272/2009;
4.3. the competent authority of a Member State in accordance with Article 1,
Paragraph 2 of Regulation No 826/2008;
4.4. the authority responsible for the examination in accordance with Articles 36 and
37 of Regulation No 826/2008.
5. At the written request of the Rural Support Service the Food and Veterinary Service in
relation to the intervention measures shall:
5.1. evaluate the compliance of the intervention warehouses to the requirements
referred to in Article 3 of Regulation No 1272/2009;
Translation © 2011 Valsts valodas centrs (State Language Centre)
5.2. take samples of the products offered and bought-in under intervention (in relation
to contaminant control, take samples of cereals offered under intervention based on the risk
analysis in compliance with that prescribed in Part I of Annex I of Regulation No1272/2009)
and submit them for laboratory testing to the Institute of Food Safety, Animal Health and
Environment, as well as, observing the testing reports referred to in Sub-paragraph 6.2 of
these Regulations, provide an opinion to the Rural Support Service regarding the compliance
of the products referred to in Sub-paragraph 3.1 of these Regulations to the requirements
referred to in Article 7 of Regulation No 1272/2009;
5.3. participate in the testings of products in private storage places, evaluate the
compliance of the storage of the products to the requirements referred to in Regulation No
826/2008, take the stored product samples in accordance with Article 36, Paragraph 8 of
Regulation No 826/2008 and submit them for laboratory testing to the Institute of Food
Safety, Animal Health and Environment, as well as, observing the testing reports referred to
in Sub-paragraph 6.2 of these Regulations, provide an opinion to the Rural Support Service
regarding the compliance of the products referred to in Sub-paragraph 3.2 of these
Regulations to the requirements referred to in Regulation No 826/2008;
5.4. supervise the cutting up of meat prior to placing it into storage, as well as evaluate
the compliance of the meat to the codes of goods of the Combined Nomenclature of the
European Union, prepare report regarding these tests and submit them to the Rural Support
Service.
6. The Institute of Food Safety, Animal Health and Environment shall:
6.1. perform reference laboratory functions;
6.2. perform laboratory testing of the samples in the cases referred to in Subparagraphs 5.2 and 5.3 of these Regulations and submit the testing reports to the Food and
Veterinary Service;
6.3. utilising the methods referred to in Article 7, Paragraph 2 of Regulation No
1272/2009, perform quality analysis of the products to be bought-in under intervention in
accordance with the European and international standards adapted in the Latvian National
Standards.
7. The Rural Support Service, in accordance with the legislation of the European Union which
prescribe the administration and supervision of the market intervention measures for
agricultural products, shall submit information to the European Commission in accordance
with competence thereof.
8. The Rural Support Service shall draft an intervention measure application and tender forms
and place them on the Internet home page thereof.
9. The information referred to in Article 28, Paragraph 1, Sub-paragraphs (a), (b), (c), (d) and
(e) of Regulation No 1272/2009, shall be indicated on the packaging of the butter and
skimmed milk powder to be bought-in under intervention, but for butter to be placed in
private storage the information referred to in Annex I, Part III, Sub-paragraphs (a), (b), (c),
(d), (e) and (f) of Regulation No 826/2008 shall be indicated on the packaging.
10. The Rural Support Service shall approve the compliance of the milk processing merchants
to the requirements referred to in Article 4, Paragraph 3 of Regulation No 1272/2009 and
Annex I, Part III, Section I of Regulation No 826/2008.
Translation © 2011 Valsts valodas centrs (State Language Centre)
2
II. Buying-in under Intervention and the Administration Thereof
11. A merchant complying with the requirement referred to in Article 4 of Regulation No
1272/2009, (hereinafter – applicant) may apply for buying-in under intervention.
12. An applicant shall, in accordance with Article 10 of Regulation No 1272/2009, submit a
written application regarding buying-in under intervention or a tender regarding the buying-in
under intervention to the Rural Support Service.
13. If cereals are offered in the buying-in under intervention, the applicant, when submitting
the documents referred to in Paragraph 12 of these Regulations, shall also notify the Rural
Support Service the name and address of the grower and primary processor of cereals offered
under intervention and provide information regarding plant protection products used during
the vegetation and storage period.
14. The security prescribed in Article 9 of Regulation No 1272/2009 shall be lodged and
administered in accordance with the regulatory enactments regarding the procedure for
lodging security to agricultural and the processing products thereof.
15. The rate of LVL 0.02 (exclusive of value added tax) per tonnekilometre shall be utilised
for determining the transport costs referred to in Article 29 of Regulation No 1272/2009.
III. Intervention Warehouse Selection
16. A merchant approved or registered by the Food and Veterinary Service may apply for
receipt and storage of a product bought-in under intervention, which has in the possession
thereof a warehouse complying with the requirements of Article 3 of Regulation No
1272/2009 (hereinafter – intervention warehouse possessor).
17. An intervention warehouse possessor shall submit a written application to the Rural
Support Service. The intervention warehouse possessor shall certify in the application that he
or she will undertake to fulfil the functions of the intervention warehouse in accordance with
the requirements of Regulation No 1272/2009 and indicate the prise of the services, the
desired storage amount and the type of product which he or she wishes to store. The following
shall be appended to the application:
17.1. a bank statement attesting to the existence of a current account for the merchant;
17.2. technical information regarding the storage place (a site plan of the storage
premises, technical support) and information regarding the possibility to maintain data
electronically.
18. The Rural Support Service shall approve the selected intervention warehouse and enter
into a contract with the intervention warehouse possessor by complying with the requirements
determined in Commission Regulation (EC) No 884/2006 of 21 June 2006 laying down
detailed rules for the application of Council Regulation (EC) No 1290/2005 as regards the
financing by the European Agricultural Guarantee Fund (EAGF) of intervention measures in
the form of public storage operations and the accounting of public storage operations by the
paying agencies of the Member States.
IV. Sale of the Products Bought-in under Intervention
19. If a merchant wishes to purchase the products bought-in under intervention, he or she
shall, in accordance with Article 42 of Regulation No 1272/2009, apply for a tender by
Translation © 2011 Valsts valodas centrs (State Language Centre)
3
submitting a written application to the Rural Support Service regarding the purchase of the
intervention product.
20. In order to sell the cereals bought-in under intervention following the notification by the
Rural Supply Service until the moment when it is possible to draft a supporting document in
accordance with the regulatory enactments regarding the conduct and administration of
accounting, the intervention warehouse shall issue an internal transfer bill of lading to the
merchant referred to in Paragraph 19 of these Regulations.
V. Private Storage Aid
21. A merchant who produces products in accordance with the requirements of Article 2 of
Regulation No 826/2008 may apply for private storage aid for stock farming products
(hereinafter – storer).
22. A storer shall submit a written tender to the Rural Support Service regarding the private
storage in accordance with Article 10 of Regulation No 826/2008 or an application regarding
the private storage in accordance with Article 17 of Regulation No 826/2008.
23. A storer shall, at least two working days prior to placing each product batch in the
warehouse (cold store) in private storage, submit to the Rural Support Service the information
referred to in Article 20, Paragraph 1(a) and(b) of Regulation No 826/2008.
24. If a storer, when accepting meat in storage, has to perform the activities referred to in
Article 26 (1) of Regulation No 826/2008, he or she shall inform the Rural Support Service
thereof within a period of two working days prior to placing each batch of the product in the
warehouse (cold store) in private storage.
VI. Closing Provision
25. The following Regulations are repealed:
25.1. Cabinet Regulation No 361 of 20 April 2004 Procedure for the Administration
and Supervision of Cereal Market Intervention Measures (Latvijas Vēstnesis (Official Gazette
of the Government of Latvia), 2004, No 69, 180; 2005, No 43, 190; 2007, No. 20; 2009, No.
37);
25.2. Cabinet Regulation No 874 of 21 October 2008 Procedure for the Administration
and Supervision of Milk and Milk-based Product Market Intervention Measures (Latvijas
Vēstnesis, (Official Gazette of the Government of Latvia), 2008, No 167; 2009, No 172);
25.3. Cabinet Regulation No 229 of 10 March 2009 Procedures for the Administration
and Supervision of Beef, Veal, Pork, Sheep and Goat Meat Market Intervention Measures
(Latvijas Vēstnesis 2009, (Official Gazette of the Government of Latvia), No 41).
Prime Minister
V. Dombrovskis
Minister for Agriculture
J. Dūklavs
Translation © 2011 Valsts valodas centrs (State Language Centre)
4