of February 9, 2007 No. 14-XVI
About approval of the Regulations on management of fund on support of laying of grape plantings
In pursuance of part (16) article 31 of the Law on grapes and N57-XVI wine of March 10, 2006
The parliament accepts this resolution.
Art. 1. - Approve the Regulations on management of fund on support of laying of grape plantings stated in annex.
Art. 2. - Declare invalid the Resolution of Parliament on approval of the Regulations on procedure for management of fund on support of creation of grape plantings and the means used for management of the trademarks which are state-owned property of N21-XVI of April 8, 2005.
Chairman of the parliament
1. This provision is developed according to part (16) article 31 of the Law on grapes and N57-XVI wine of March 10, 2006 and the procedure for management (administration and distribution regulates) fund on support of laying of grape plantings (daleefond) and the size of partial compensation of costs on laying of grape plantings for production of commodity grape products, including matochnik of scion and matochnik of stock.
2. Control of fund is exercised of the Agro-industrial agency "Moldova-Vin" according to the current legislation and this provision.
3. Action of this provision extends to all physical persons and legal entities registered according to the procedure, established by the current legislation, performing the activities in grape and wine-making industry, irrespective of type of property and form of business, except for the wine-making companies which made laying of the grape plantings according to the investment obligations included in the purchase and sale agreement of the block of shares belonging to the state.
4. The sum of fund is determined annually by the law on the government budget.
5. Fund accumulates on the treasurer account of the Ministry of Finance and is used according to the expense budget and funding plan approved by Administrative board of fund and the Ministry of Finance.
6. The agro-industrial agency "Moldova-Vin" manages fund through the Administrative board (further - Council) consisting of 11 people including the chairman, the vice-chairman and the secretary.
7. Are part of Council: the CEO of the Agro-industrial agency "Moldova-Vin" as the chairman of the board and three representatives from the specified agency, one of whom is the secretary of Council; on one representative from National institute of wine growing and winemaking, the Ministry of Economy and Trade, the Ministry of Finance, labor unions in the field of wine growing and winemaking, patronage of agro-industrial complex and federation of trade unions of industry.
The staff of Council affirms and changes the order of the Government.
8. Activities of Council are regulated by the provision approved at the first meeting of Council.
9. Enters competence of Council:
a) approval of funding plans and introduction of changes in them;
b) establishment of quantity and the size of trenches on partial compensation of costs for laying of grape plantings (daleekompensation);
c) determination of priority of distribution of fund and ensuring transparency of distribution of these means;
d) consideration at meetings of Council of the documents submitted by applicants and adoption of relevant decisions;
e) control of correctness of calculations and distribution of fund.
10. Meetings of Council can be next and extraordinary. The regular meetings are held at least once a month. Emergency meetings are convened by the chairman of the board or upon the demand of at least one third of members of council. Date of meetings of Council is established by the chairman and is brought to the attention of all members of council at least three days before the meeting.
11. The meeting of Council is competent if at it there are at least two thirds of his members.
12. Each member of council, including the secretary, has one voice and represents it personally. The decision is made by absolute majority of voices of the members of council who are present at meeting.
13. Meetings of Council are drawn up by the protocol which is constituted in three-day time from the date of holding meeting in duplicate and is signed by all members of council.
14. The agro-industrial agency "Moldova-Vin" provides:
a) acceptance and verification of the documents submitted by applicants;
b) inspection of again pledged grape plantings;
c) preparation of the agenda of meetings of Council and organization of clerical work;
d) plan development of financing and introduction of changes in them;
e) provision upon the demand of Council of information on submission of documents, inspection of again pledged grape plantings and accumulating in fund of money;
f) creation of quarterly statements on current expenses and their representation at meetings of Council;
g) accomplishment of other measures for effective management of fund.
15. Fund is used as follows:
a) 98 percent - for support of laying of grape plantings;
b) 1, percent - for management of the trademarks which are state-owned property, their registration in the country and beyond its limits;
c) 0, percent - for covering of costs on provision of consultations, conducting checks and monitoring of again pledged grape plantings. These funds are allocated Scientific practically to institute of gardening, wine growing and food technologies quarterly.
16. The means intended for management of the trademarks which are state-owned property are used for:
a) payments of charges and implementation of other payments for registration in the country and beyond its limits of the trademarks and other intellectual property items belonging to the state including payments of charges for submission of requests for registration, their consideration and publication, issue of the security document, and also for other legally significant actions connected with protection of trademarks;
b) fees of domestic and foreign representatives for representation of interests in the intellectual property organizations, competent state bodies, degrees of jurisdiction for the purpose of protection of the trademarks and other intellectual property items belonging to the state, the dispute resolutions connected with protection of those;
c) the organization and monitoring of use in the country and beyond its limits of the trademarks and other intellectual property items belonging to the state;
d) promotions in the country and beyond its limits of the trademarks and other intellectual property items belonging to the state.
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