Cabinet Regulation No. 178 of 2009 on Procedures for Granting the Compensation for the Implementation of Phytosanitary Measures

Translation © 2018 Valsts valodas centrs (State Language Centre) Text consolidated by Valsts valodas centrs (State Language Centre) with amending regulations of: 6 August 2013 [shall come into force from 1 January 2014]. 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. 178 Adopted 24 February 2009 Procedures for Granting the Compensation for the Implementation of Phytosanitary Measures Issued pursuant to Section 5, Clause 18 of the Plant Protection Law 1. This Regulation prescribes the procedures for granting the compensation for the implementation of phytosanitary measures if plant quarantine and harmful organisms for the eradication and containment of the spread of which a compensation is to be paid are detected, as well as the amount of the compensation and procedures for the disbursement thereof. 2. A person may receive the compensation for the implementation of phytosanitary measures for the eradication and containment of the spread of the fire blight Erwinia amylovora (Burr.) Winsl.et.al. The amount of the compensation is determined in Annex 1 to this Regulation. 3. A person shall not receive the compensation: 3.1. for the destroyed host plants if from the taking of the decision on the determination of phytosanitary measures until its cancellation the person brings and plants host plants of the fire blight into to the outbreak of the fire blight; 3.2. if the State Plant Protection Service implements the phytosanitary measures by force; 3.3. if the person has received the compensation for the implementation of the relevant phytosanitary measures. 4. After the implementation of the phytosanitary measures determined in the decision, a person shall submit to the State Plant Protection Service an application for the receipt of the compensation in a paper form or electronically (Annex 2). 5. Within 10 days after receipt of the personʼs application, the State Plant Protection Service shall verify whether the information indicated in the application complies with the information referred to in the inspection report on the implementation of phytosanitary measures, and also shall verify the calculation of the amount of compensation, and, if the relevant information complies with the information referred to in the inspection report on the implementation of phytosanitary measures and the amount of compensation is calculated correctly, shall send the personʼs application to the Rural Support Service. Within 20 days after receipt of the personʼs application, the Rural Support Service shall take the decision on Translation © 2018 Valsts valodas centrs (State Language Centre) 2 the disbursement of the compensation and shall disburse the compensation to the person by transferring it to the bank account indicated by the person. 6. If the information in the application referred to in Paragraph 4 of this Regulation does not comply with the information referred to in the inspection report on the implementation of phytosanitary measures or information is missing from the application, the State Plant Protection Service shall notify the person thereof in writing. If within 10 days after receipt of the notification the person has not eliminated the indicated deficiencies, the State Plant Protection Service shall inform the Rural Support Service thereon within three days. The Rural Support Service shall take the decision on not granting the compensation. 7. The person can contest the decision of the Rural Support Service on the disbursement of the compensation or not granting the compensation in accordance with the procedures laid down in the Rural Support Service Law. 8. If the phytosanitary measures have been implemented within a year before coming into force of this Regulation and compensation has not been disbursed for them, a person shall submit an application for the receipt of the compensation for the implementation of phytosanitary measures to the State Plant Protection Service until 31 December 2009. Prime Minister I. Godmanis Acting for the Minister for Agriculture – Minister for the Environment R. Vējonis Translation © 2018 Valsts valodas centrs (State Language Centre) 3 Annex 1 Cabinet Regulation No. 178 24 February 2009 Amount of the Compensation for the Implementation of Phytosanitary Measures [6 August 2013] No. Destroyed plants Amount of the compensation (EUR) 1. Apple and pear trees in a commercial garden, orchard and home garden 68.30 (per plant) 2. Rootstocks of host plants 0.43 (per plant) 3. Mother plants of apple trees, pear trees, grafted hawthorns and rowan-trees 68.30 (per plant) 4. Mother plants of cloned rootstocks 34.15 (per metre) 5. Mother plants of ornamental shrubs 42.69 (per plant) 6. Seedlings of host plants 0.06 (per plant) 7. Plants for planting (seedlings and young plant cuttings) 2.35 (per plant) 8. Plants for planting in a nursery, from one to two years old (grafts) 2.35 (per plant) 9. Plants for planting in a nursery, from three to five years old (grafts) 14.23 (per plant) 10. Plants for planting in a nursery, older than five years (grafts, including long-boled) 42.69 (per plant) 11. Quinces, Japanese quinces, rowan-trees, cotoneasters, hawthorns, currants, medlars, firethorns, Chinese stranvaesias, loquats 12.81 (per plant) 12. Hedgerow 12.81 (for a metre) Acting for the Minister for Agriculture – Minister for the Environment R. Vējonis Translation © 2018 Valsts valodas centrs (State Language Centre) 4 Annex 2 Cabinet Regulation No. 178 24 February 2009 [6 August 2013] Application for the Receipt of the Compensation for the Implementation of Phytosanitary Measures To the Regional Agricultural Department of the Rural Support Service (given name, surname or name of the applicant) (postal address and personal identity number of a natural person or legal address and registration number of a legal person) Rural Support Service customer register No. Please disburse the compensation for destroyed plants to ensure the containment of the spread of (plant quarantine or harmful organism) Destroyed plants Number of destroyed plants Compensation per one plant or metre (EUR) Total amount of compensation (EUR) pieces m 1 2 3 4 5 1. Apple and pear trees in a commercial garden, orchard and home garden x 2. Mother plants of apple trees, pear trees, grafted hawthorns and rowan-trees x 3. Rootstocks of host plants x 4. Mother plants of cloned rootstocks x 5. Mother plants of ornamental shrubs x 6. Seedlings of host plants x 7. Plants for planting (seedlings) x 8. Plants for planting in a nursery, from one to two years old (grafts) x Translation © 2018 Valsts valodas centrs (State Language Centre) 5 9. Plants for planting in a nursery, from three to five years old (grafts) x 10. Plants for planting in a nursery, older than five years (grafts, including long-boled) x 11. Quinces, Japanese quinces, rowan-trees, cotoneasters, hawthorns, currants, medlars, firethorns, Chinese stranvaesias, loquats x 12. Hedgerow x Bank account no. for the receipt of compensation: LV                    Applicant (given name, surname) (signature)* (date)* (Shall be completed by the official of the State Plant Protection Service) Information indicated in the application complies with the information referred to in: 1) the inspection report No. of 20 2) the inspection report No. of 20 3) the inspection report No. of 20 Calculation of the amount of compensation has been verified Official of the State Plant Protection Service (given name, surname) (signature)* Note. * Shall not be completed if the electronic document has been prepared in conformity with laws and regulations regarding the drawing up of electronic documents. Acting for the Minister for Agriculture – Minister for the Environment R. Vējonis