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

of December 10, 2015 No. 228

About approval of procedure for creation and accounting of the List of the prohibited agricultural producers

(as amended on 10-03-2016)

Based on Items 205 and 206 of the Regulations on procedure for distribution of fund of the subsidizing of agricultural producers for 2015 approved by the Order of the Government No. 352 of 10.06.2015, the subitem 11) of Item 9 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. 793 of 9.12.2009 for the purpose of effective management of fund of subsidizing of agricultural producers of PRIKAZYVAYU:

1. Approve Regulations on procedure for creation and accounting of the List of the prohibited agricultural producers according to appendix.

2. Found the Commission on consideration of petitions for entering into the List of the prohibited agricultural producers (further - the Commission) in the following structure:

Yuriye Ushurelu is the deputy minister of agricultural industry and the food industry, the commission chairman;

Tatyana Nistorike is head of department production the politician and regulations of product quality of animal origin, the Ministry of Agriculture and the food industry, the member;

Mikhail Suvak is head of department production the politician and regulations of product quality of plant origin, the Ministry of Agriculture and the food industry, the member;

Valeriu Chebotar is the chief of service of winemaking, the Ministry of Agriculture and the food industry, the member;

Galina Petraki is deputy director of the Agency on intervention and payments in the field of agricultural industry, the member;

Marín Mortyan is chief management of inspection and control on project sites, intervention and payments Agency in the field of agricultural industry, the member;

Mikhayela Veveritse is chief specialist according to legal issues, intervention and payments Agency in the field of agricultural industry, the secretary.

3. The secretary of the commission is provided with legal department of the Agency on intervention and payments in the field of agricultural industry.

4. It is determined that in case of dismissal of some members of the commission of their position other persons appointed to the corresponding positions without publication of the new order will perform.

5. This order is published in the Official monitor of the Republic of Moldova.

6. I reserve control of execution of this order.

Minister of Agriculture and food industry

Ion Sule

Appendix

to the Order of the Ministry of Agriculture and food industry of the Republic of Moldova of December 10, 2015 No. 228

Regulations on procedure for entering into the list of the prohibited agricultural producers

Chapter I. Basic provisions

1. The regulations on procedure for creation and accounting of the List of the prohibited agricultural producers (further - the Provision) establish procedure for creation and accounting of the list of the prohibited agricultural producers.

2. Accounting and maintaining the List of the prohibited agricultural producers (further - the list) are provided with intervention and payments Agency in the field of rural farms (further - the Agency) according to this Provision and Regulations on procedure for distribution of fund of subsidizing of agricultural producers approved annually by the order of the Government.

3. Only those agricultural producers which allowed violations of the current legislation in the course of ensuring access to financial aid from fund of subsidizing of agricultural producers or did not fulfill the obligations undertaken according to agreements on providing financial aid and/or declarations under the personal liability can be entered in the List of the prohibited agricultural producers.

4. The list includes records about beneficiaries/applicants of subsidy concerning which the order on entering into the List of the prohibited agricultural producers was issued.

Chapter II. Creation and contents of the list

5. The list is constituted and is kept in writing manually and electronically.

6. If entries in the list which is kept manually and in the list electronically do not match, records of the list which is kept manually are considered reliable.

7. The list of the prohibited agricultural producers shall contain without fail the following records:

a) sequence number;

b) date of introduction of the agricultural producer;

c) number and date of the order of the Agency on entering of the agricultural producer into the List of the prohibited agricultural producers;

d) name/surname, form of business and fiscal code of the agricultural producer;

e) contact information of the agricultural producer;

f) the summary of the basis for entering of the agricultural producer into the List of the prohibited agricultural producers;

g) the name of division of the Agency or public authority which requested entering into the List of agricultural producers;

h) date of the expiration of the period of stay in the list;

i) number and date of the order of the Agency on exception of the agricultural producer of the list.

8. The list is published on the official site of the Agency.

Chapter III. Procedure for entering of agricultural producers into the list of the prohibited agricultural producers and its effect

9. The basis for entering into the list are the following actions:

1) applicants of subsidies which for the purpose of unreasonable receipt of subsidy provided the doubtful or distorted data established during consideration of documents on subsidizing or additional checks;

2) applicants of subsidies to whom the procedure of suspension of consideration of document packages, according to Section 4 of Chapter IV of this provision is applied, concerning which supporting documents about lack of notes by law enforcement agencies, bodies for financial audits / to control, tax authorities or degree of jurisdiction till December 15, 2015 were not published;

3) receivers of subsidies concerning which default on obligations, accepted according to agreements on providing financial support and/or declarations under the personal liability is established, established by management of audits and on-site control and confirmed with inspection statements after payment.

10. Entering of the agricultural producer into the List of the prohibited agricultural producers is initiated without fail on the basis of the petition of heads of the Agency or upon the demand of law enforcement and monitoring bodies if it is determined that the agricultural producer provided the doubtful or distorted subsidies granted for unreasonable obtaining, and also in the cases of default on obligations accepted under agreements on providing financial support and/or declarations under the personal liability.

11. The petition for entering into the list moves in case of one of the following bases:

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