RESOLUTION OF THE MINISTRY OF AGRICULTURE AND FOOD INDUSTRY OF THE REPUBLIC OF MOLDOVA

of January 5, 2024 No. 4

About approval of the Regulations on the organization and functioning of the Commission on import licensing of separate types grain and seeds of sunflower

According to the item (2-1) Art. 12-1 of the Law No. 160/2011 on regulation of permission to business activity, item 1.5 of the Order of the Commission on emergency situations No. 98 of December 27, 2023 and according to provisions of subitem 2 of item 8 of the Regulations on the organization and functioning of the Ministry of Agriculture and the food industry approved by the Order of the Government No. 695/2017, of PRIKAZYVAYU:

1. Approve Regulations on the organization and functioning of the Commission on import licensing of separate types grain and seeds of sunflower, according to appendix.

2. This order becomes effective from the date of its publication in the Official monitor of the Republic of Moldova.

3. Declare invalid the Order of the Ministry of Agriculture and food industry No. 147 of 11.10.2023 (The official monitor of the Republic of Moldova, 2023, Art. No. 399-400, 985).

4. I reserve control over execution of the order.

Regulations on the organization and work of the Commission on import licensing of separate types grain and seeds of sunflower

Chapter I. General provisions

1. This provision establishes procedure for the organization and work of the commission on import licensing of separate categories grain (further – the Commission), created under the Ministry of Agriculture and the food industry.

2. The commission when implementing the activities shall consider the following principles:

a) legality – the commission performs the activities in strict accordance with current laws and regulations;

b) independence – activities of the commission is performed freely, her members submit only to the law, any intervention in their activities from bodies of the public power or persons holding responsible positions in them is forbidden;

c) impartiality – members of the commission shall perform without prejudice the warrants of law irrespective of their beliefs or private interests;

d) the equal relation – the commission when implementing the activities shall treat persons which are in similar situations equally. Any difference in the relation shall be objectively reasonable.

3. The import license is provided on the goods specified in Item 1.1 of the Resolution No. 98 of December 27, 2023 on the quantity established by the Commission.

4. Effective period of the license expires on exhaustion of the quantity provided in the license.

Chapter II. Activities of the commission on licensing

5. The legal entity or physical person intending to carry out import submits the license application for import to the Ministry of Agriculture and the food industry according to the sample provided by appendix No. 1 to this Provision.

6. The following documents are enclosed to the license application for import:

a) the copy of the Statement from the State register of legal entities or the Registration certificate of peasant farm;

b) the copy of the identity certificate of the legal representative if the application was submitted by it;

c) the documents confirming implementation of the economic activity provided in Item 1.3 of the Resolution No. 98/2023.

7. Applications on provision of import licenses are considered by the Commission created by order of the Minister of Agriculture and Food.

8. Obligations of the Commission consist in the following:

a) check contents of the statement regarding authenticity and accuracy of the information;

b) checks and establishes necessary amounts depending on the inventory level, quantities of animals or the production / overworking capability;

c) offers provision of the import license or variation of the statement for provision of the import license;

d) motivates the decision on variation of the statement for provision of the import license.

9. The chairman, the vice-chairman and the secretary of the Commission are representatives of the Ministry of Agriculture and food industry.

10. For each member of the commission the deputy who carries out obligations of the member of the commission in case of its absence is appointed.

11. After submission of the file about licensing for import, depending on circumstances, no more than within 5 working days in places/places of implementation of economic activity of the applicant:

a) the inventory quantity is checked for current date by the authorized representative of the State Tax Administration and the authorized representative of district agricultural management;

b) in livestock farms representatives of the National agency on safety of foodstuff check livestock of animals according to the State register of animals;

c) representatives of the Ministry of Agriculture and food industry check production/refinery capacities and establish the production volumes necessary for activities of livestock/processing enterprise for the next 6 months;

12. Results of the activities provided in Item 11, are drawn up in acts of establishment of the facts which are represented to the Commission together with other proofs.

13. The commission checks and analyzes documents according to the powers specified in Item 11, and establishes goods quantity for which licensing for import is offered.

14. Based on the decision of the Commission the Ministry of Agriculture and the food industry issues:

a) the import license according to the sample provided in appendix No. 2 to the Provision or

b) decision on variation of the statement for provision of the import license.

15. The decision on variation of the statement for provision of the import license can be challenged by preliminary appeal according to the procedure, established by the Administrative code.

16. In case of changes in the data which are the cornerstone of licensing for import, her holder shall notify in writing the Ministry of Agriculture and the food industry within 10 working days from the moment of their emergence.

17. The original conditions considered and checked by the Commission shall remain throughout all effective period of the license.

18. In case of violation of the conditions established in the import license by the holder the Ministry of Agriculture and Food has the right to cancel or revoke the license.

Appendix No. 1

to Regulations on the organization and functioning of the Commission on import licensing of separate types grain and seeds of sunflower

See Appendix No. 1

Appendix No. 2

to Regulations on the organization and functioning of the Commission on import licensing of separate types grain and seeds of sunflower

See Appendix No. 2

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