Oficialus vertimas 2007 11 23 GOVERNMENT OF THE REPUBLIC OF LITHUANIA RESOLUTION no 1706 of 31 December 2003 ON THE rule

(7)of the Law of the Republic of Lithuania on Phytosanitary and implementing Measure 3.7.4.2.2-T34 of the Action Plan on Measures for Legal Harmonisation for 2003, approved by Resolution No 292 of the Government of the Republic of Lithuania of 5 March 2003 (Valstybės žinios (Official Gazette) No 25-1019, 2003), the Government of the Republic of Lithuania h a s r e s o l v e d :

1. To approve the Rules for the Partial Recovery of Losses in Connection with Application of Phytosanitary Measures (as appended).
2. To charge the Ministry of Agriculture: 2.
3. by 1 March 2004 with a task of approving the methodology for calculating losses in connection with application of phytosanitary measures; 2.
4. annually by 1 February with a task of approving the normative prices for agricultural products and extent of recovery of losses in connection with application of phytosanitary measures. On behalf of Prime Minister Minister of Finance Dalia Grybauskaitė Minister of Agriculture Jeronimas Kraujelis _____________ APPROVED by Resolution No 1706 of the Government of the Republic of Lithuania of 31 December 2003 (as amended by Resolution No 1092 of the Government of the Republic of Lithuania of 31 October 2006) RULES FOR THE PARTIAL RECOVERY OF LOSSES IN CONNECTION WITH APPLICATION OF PHYTOSANITARY MEASURES I. GENERAL PROVISIONS
5. Rules for the Partial Recovery of Losses in Connection with Application of Phytosanitary Measures (hereinafter referred to as “these Rules”) were prepared in accordance with Article 4

(7)of the Law of the Republic of Lithuania on Phytosanitary (Valstybės žinios (Official Gazette) No 113-3285, 1999) and having regard to Council Directive 2000/29/EC of 8 May 2000 on protective measures against the introduction into the Community of organisms harmful to plants or plant products and against their spread within the Community.

1. The objective of these Rules is to establish a partial recovery of losses incurred to the plant cultivators in connection with application of phytosanitary measures.
2. The phytosanitary measures referred to in these Rules are the destruction of plants and plant products in case they are contaminated with harmful organisms, that may not be eradicated or the eradication thereof is an ineffective measure.
3. The definitions used in these Rules correspond to the definitions used in the Law of the Republic of Lithuania on Phytosanitary.
4. A recovery of losses in connection with application of phytosanitary measures shall be granted to plant cultivators. The income not received in connection with application of phytosanitary measures shall not be recovered.
5. A recovery shall be granted to the plant cultivators for a number of plants ant plant products, subject to phytosanitary measures, cultivated in plots of agricultural areas held by right of ownership and (or) under the contracts of lease, loan for use, or under other types of contracts, declared in the manner prescribed by legal acts of the Republic of Lithuania; and in case the plant cultivators have suffered losses in connection with application of these measures (the list of plants, plant products and the organisms harmful to them subject to application of phytosanitary measures is submitted in Annex 1 of these Rules).
6. The sum of the recovery shall be established in accordance with the allocations determined in the Special Rural Support Programme for the recovery of losses in connection with application of phytosanitary measures for appropriate year. The recovery of losses in connection with application of phytosanitary measures shall not exceed 90 percent of the normative price of plants and plant products established by the Ministry of Agriculture. II. ADMINISTRATIVE PROCEDURES
7. Officers of the State Plant Protection Service shall issue instructions to destruct the contaminated plants and plant products within the time limit prescribed and shall control the application of these measures. Officers of State Plant Protection Service shall draw a certificate on the application of phytosanitary measures within 10 working days following the expiration of the time limit referred to in the instructions to destruct the contaminated plants and plant products.
8. The recovery shall be granted in compliance with the following requirements: 9.
9. The plant cultivator requesting for recovery shall submit to the municipality an application for getting the recovery within 14 calendar days following the reception of the certificate referred to in Paragraph 8 of these Rules. The application must contain name and surname of the person submitting it or the name of the company, personal or company code, number of registration certificate of farmer’s farm, address of registered office or residence, name of the Bank, code, account number, contact telephone number or e-mail address. 9.
10. The following original copies and copies of documents shall be submitted together of the application: 9.2.
11. certificate on the application of phytosanitary measures; 9.2.
12. documents conforming the rights of plant cultivator towards the plots of agricultural areas referred to in Paragraph 6 of these Rules.
13. The municipalities within 10 working days within the reception of documentation referred to in Paragraphs 9.
14. and 9.
15. of these Rules having checked the data submitted by the plant cultivators shall submit a certificate to the National Paying Agency under the Ministry of Agriculture (hereinafter referred to as “the Agency”) on the need for allocations for recovery of losses in connection with application of phytosanitary measures (Annex 3 of these Rules). In case the plant cultivator submits the documents drawn up in inappropriate way or containing inaccurate data, the plant cultivator shall be informed in writing thereof and be granted a time limit not shorter than 10 calendar days for the adjustment of the documentation submitted.
16. Upon the reception of the certificate referred to in Paragraph 10 of these Rules, the Agency not later than within 2 months shall transfer the sums of money to the Bank account of the plant grower.
17. The recovery shall not be granted in case the plant cultivator: 12.
18. does not comply with the requirements set out in Paragraph 6 of these Rules; 12.
19. did not submit the application for receiving the recovery.
20. The plant cultivator shall be informed in writing on the decision adopted by the municipality not to grant the recovery within 5 working days following the adoption of the decision.
21. The Ministry of Agriculture shall carry out control over the use of the funds of the budget of the Republic of Lithuania for the partial recovery of losses in connection to the application of phytosanitary measures. III. RESPONSIBILITY
22. Plant cultivators who have been granted a recovery unlawfully or persons who contributed to the unlawful reception of recovery (purposely submitting or approving false data), shall be held responsible in the manner prescribed by the laws of the Republic of Lithuania. IV. FINAL PROVISIONS
23. Funds for the partial recovery of losses in connection with application of phytosanitary measures shall be used from the appropriations from the State Budget allocated for the financing of the Special Rural Support Programme.
24. Following Lithuania’s accession to the European Union, upon the risk that the harmful organisms shall disseminate in the Republic of Lithuania or the European Union, the Ministry of Agriculture may refer to the European Commission for the allocation of necessary funds for the financing of the envisaged application of phytosanitary measures. –––––––––––––––– ANNEX 1 to the Rules for the Partial Recovery of Losses in Connection with Application of Phytosanitary Measures (as amended by Resolution No 1092 of the Government of the Republic of Lithuania of 31 October 2006) PLANTS, PLANT PRODUCTS AND ORGANISMS HARMFUL TO THEM SUBJECT TO APPLICATION OF PHYTOSANITARY MEASURES No Plants and plant products Harmful organisms
25. Potato seed Clavibacter michiganensis subsp. sepedonicus (potato ring rot)
26. Potato seed Globodera pallida (white potato cyst nematode) and Ditylenchus destructor (potato tuber nematode)
27. Potato seed Synchytrium endobioticum (potato wart)
28. Potato seed Ralstonia solanacearum (Potato brown rot)
29. Fruit trees Plum pox virus „Sharka“
30. Fruit trees and plants thereof: apple trees (Malus Mill.), pear trees (Pyrus L.), cydonia (Cydonia Mill.) Erwinia amylovora (bacterial scorch of fruit trees)
31. Fruit bushed and plants thereof: quince (Chaenomeles Lindl.) Erwinia amylovora (bacterial scorch of fruit trees)
32. Decorative plants: hawthorn (Crataegus L.), cotoneaster (Cotoneaster Ehrh.), sorb apple (Sorbus L.), pyracantha (Pyracantha M. Roem.), loqwat (Eriobotrya Lindl.), medlar (Mespilus L.), serviceberry (Amelenchier Med.), photinia (Photinia davidiana (Dcne.) Cardot) Erwinia amylovora (bacterial scorch of fruit trees) ––––––––––––––––– ANNEX 2 to the Rules for the Partial Recovery of Losses in Connection with Application of Phytosanitary Measures (as amended by Resolution No 1092 of the Government of the Republic of Lithuania of 31 October 2006) (Model form of certificate) STATE PLANT PROTECTION SERVICE To the ______________________ municipality CERTIFICATE ON THE APPLICATION OF PHYTOSANITARY MEASURES No_______________________. (date) __________________________ (place of conclusion) Hereby it shall be certified that plants and plant products owed by ___________________________________________________________________________________ (name and surname personal/company code/number of registration certificate of ___________________________________________________________________________________ farmer’s farm, name of company, address of registered office or residence shall be specified) were subject to application of phytosanitary measures. Acting pursuant to Resolution No 1706 of the Government of the Republic of Lithuania of 31 December 2003 on the Rules for the Partial Recovery of Losses in Connection with Application of Phytosanitary Measures, the following recovery must be granted for the application of phytosanitary measures: Name of plant and plant product Cause for application of phytosanitary measures Amount (in tonnes, units, hectares) of the plant and plant product subject to application of phytosanitary measures Amount of recovery (in LTL for tonne, unit, hectare) Sum of recovery (in LTL) Total (Name of office) (Signature) (Name and surname) S. P. (Reference to the drafter) ––––––––––––––––– ANNEX 3 to the Rules for the Partial Recovery of Losses in Connection with Application of Phytosanitary Measures (as amended by Resolution No 1092 of the Government of the Republic of Lithuania of 31 October 2006) (Model form of certificate) ________________________ MUNICIPALITY To the National Paying Agency Under the Ministry of Agriculture CERTIFICATE ON THE NEED OF ALLOCATIONS FOR THE RECOVERY OF LOSSES IN CONNECTION TO APPLICATION OF PHYTOSANITARY MEASURES No______________________ (date) _________________________ (place of conclusion) No. Personal/company code Name Surname/Name of company Bank name and bank code Account No NOTE. The sum of the recovery is referred to in certificate of ___________________ Regional Plant Protection and Quarantine Post. APPENDED: Copy of certificate of ___________________ Regional Plant Protection and Quarantine Post on the application of phytosanitary measures. Director of Municipal Administration (Signature) (Name and surname) S. P. Chief Financier/Accountant of Municipality (Signature) (Name and surname) (Reference to the drafter) ––––––––––––––––––