Text consolidated by Valsts valodas centrs (State
Language Centre) with amending laws of:
8 July 2011 [shall come
into force on 21 July 2011];
11 June 2015 [shall come into force on 14 July
2015];
4 June 2020 [shall come into force on 16 June 2020].
If a whole or part of a section has been amended, the
date of the amending law appears in square brackets at
the end of the section. If a whole section, paragraph or
clause has been deleted, the date of the deletion appears
in square brackets beside the deleted section, paragraph
or clause.
|
The Saeima 1 has adopted and
the President has proclaimed the following law:
Law on the Circulation of
Pyrotechnic Articles
Chapter I
General Provisions
Section 1. Terms Used in this
Law
The following terms are used in this Law:
1) importer - a natural or legal person registered in a
European Union Member State or State of the European Economic
Area which applies the requirements for the circulation and
supervision of pyrotechnic articles provided for in this Law
(hereinafter - the European Economic Area State) who places
pyrotechnic articles of a third country on the market of a
European Union Member State or the European Economic Area
State;
11) withdrawal - a measure aimed at
preventing a pyrotechnic article from being made available on the
market;
2) distributor - a natural or legal person involved in
the supply chain, other than the manufacturer or importer, who
makes a pyrotechnic article available on the market;
3) placing on the market - the first making available
of a pyrotechnic article on the market of a European Union Member
State or European Economic Area State;
4) military pyrotechnics - a pyrotechnic article
specially manufactured for military needs or for ensuring public
safety and order;
5) person with specialist knowledge - a person who is
authorised to use and handle Category F4 fireworks, Category T2
theatrical pyrotechnic articles or Category P2 pyrotechnic
articles in the Republic of Latvia;
51) making available on the market - any
supply of pyrotechnic articles for the distribution, consumption,
or use on the market of a European Union Member State or European
Economic Area State in the course of commercial activity, whether
or not for consideration;
6) applicable standard - the harmonised standard
specified in Article 2(1)(c) of Regulation (EU) No 1025/2012 of
the European Parliament and of the Council of 25 October 2012 on
European standardisation, amending Council Directives 89/686/EEC
and 93/15/EEC and Directives 94/9/EC, 94/25/EC, 95/16/EC,
97/23/EC, 98/34/EC, 2004/22/EC, 2007/23/EC, 2009/23/EC and
2009/105/EC of the European Parliament and of the Council and
repealing Council Decision 87/95/EEC and Decision No 1673/2006/EC
of the European Parliament and of the Council;
7) pyrotechnic article - an article containing
explosive substances or explosive mixtures of substances which is
intended for the production of heat, light, sound, gas, smoke or
a combination of such effects through self-sustained exothermic
chemical reaction;
71) recall of a pyrotechnic article - a
measure aimed at achieving the return of a pyrotechnic article
that has been made available to the end-user;
8) circulation of pyrotechnic articles - the
manufacture, placing on the market, bringing into the Republic of
Latvia, taking out therefrom, importation, exportation of
pyrotechnic articles or the propellants thereof, making transit
transactions, carrying, transportation, conveyance, acquisition,
sale, making intermediary transactions, storage, recording,
labelling, use, withdrawal, destruction, provision of pyrotechnic
services;
9) propellant - an explosive substance or an explosive
mixture of substances which is used in the manufacture of
pyrotechnic articles;
10) manufacturer - a natural or legal person which
manufactures a pyrotechnic article or which has developed or
manufactured a pyrotechnic article and places it on the market
with its trademark or brand;
11) signal device - an article or mechanism specially
built only for giving a pyrotechnic light, sound, or smoke
signal;
12) theatrical pyrotechnic articles - pyrotechnic
articles intended for indoor or outdoor use on a stage, including
for the production of cinematographic films and television
broadcasts or similar purposes;
13) pyrotechnic articles for vehicles - components of
safety devices in vehicles containing pyrotechnic substances used
to activate these or other devices;
14) firework - a pyrotechnic article intended for
entertainment purposes.
[11 June 2015]
Section 2. Purpose of the Law
The purpose of this Law is to determine the rights and
obligations of natural and legal persons in respect of the
circulation of pyrotechnic articles in the Republic of Latvia,
and also the basic safety requirements for pyrotechnic articles
in order to ensure free movement of these articles, public
safety, protection of human health and environment, and also
safety of consumers and professional users.
Section 3. Scope of Application of
this Law
(1) The Law shall apply to pyrotechnic articles, except
for:
1) equipment falling within the scope of the laws and
regulations governing requirements for marine equipment;
2) pyrotechnic articles used in the aviation and aerospace
industry;
3) percussion caps intended specifically for toys which fall
within the scope of the laws and regulations governing
requirements for toy safety;
4) explosives falling within the scope of the laws and
regulations governing the circulation of explosives intended for
civil needs;
5) ammunition (projectiles and charges), and also blank
ammunition used in firearms and other weapons;
6) pyrotechnic articles used by the National Armed Forces, the
institutions of the system of the Ministry of the Interior, and
also other State and local public institutions for non-commercial
purposes to ensure their activities in accordance with the laws
and regulations governing their activity.
(2) As regards the signal devices subject to the laws and
regulations governing the requirements for equipment of seagoing
ships, this Law shall apply only in the part regarding the
licensing and storage of the abovementioned signal devices.
(3) This Law shall not apply to the provisions for the
circulation of military pyrotechnics determined by the laws and
regulations governing the circulation of goods of strategic
significance.
(4) The requirements laid down in this Law regarding
conformity assessment and labelling shall not apply to fireworks
which have been manufactured by a manufacturer for own use in the
Republic of Latvia and which are not made available on the
market.
[11 June 2015]
Chapter II
Categorisation, Basic Safety Requirements, and Conformity
Assessment of Pyrotechnic Articles
Section 4. Categorisation and
Conformity Assessment of Pyrotechnic Articles
(1) Pyrotechnic articles shall be categorised by the
manufacturer according to their type of use, purpose, and level
of hazard and the noise level produced by these articles.
(2) Pyrotechnic articles shall, depending on the propellant
content, safety distances, noise level and other operational
characteristics and properties, be divided as follows:
1) fireworks:
a) Category F1 - fireworks presenting a very low hazard and
negligible noise level which are intended for use in confined
premises, including fireworks intended for use inside domestic
buildings;
b) Category F2 - fireworks presenting a low hazard and low
noise level which are intended for outdoor use in confined
areas;
c) Category F3 - fireworks presenting a medium hazard which
are intended for outdoor use in large open areas and whose noise
level is not harmful to human health;
d) Category F4 - fireworks presenting a high hazard which are
intended for use only by persons with specialist knowledge
(fireworks for professional use) and whose noise level is not
harmful to human health;
2) theatrical pyrotechnic articles:
a) Category T1 - low hazard pyrotechnic articles for stage
use;
b) Category T2 - pyrotechnic articles for stage use intended
for use only by persons with specialist knowledge;
3) other pyrotechnic articles:
a) Category P1 - pyrotechnic articles other than fireworks and
low hazard theatrical pyrotechnic articles;
b) Category P2 - pyrotechnic articles other than fireworks and
theatrical pyrotechnic articles intended for use only by persons
with specialist knowledge;
4) [11 June 2015].
(3) The category of the pyrotechnic article assigned by the
manufacturer shall be approved and the conformity assessment of
pyrotechnic articles shall be performed by the notified body.
(4) [11 June 2015]
(5) The Ministry of Economics shall, in accordance with the
procedures laid down in the laws and regulations governing
conformity assessment, notify the European Commission, and also
the European Union Member States and the European Economic Area
States (hereinafter - the Member States) of the pyrotechnic
article conformity assessment bodies (hereinafter - the notified
body).
(6) If the notified body no longer meets the requirements laid
down for it or fails fulfil its obligations, the Ministry of
Economics shall inform the European Commission and the Member
States of restriction, suspension, or withdrawal of a
notification.
[11 June 2015]
Section 5. Conformity Assessment,
Labelling, and Registration of Pyrotechnic Articles, and also
Requirements for the Notified Body
(1) The principles for the conformity assessment of
pyrotechnic articles and requirements for the authorities
performing the conformity assessment procedure shall be
determined by the laws and regulations regarding conformity
assessment.
(2) The identification and conformity assessment procedures of
pyrotechnic articles, the requirements for the labelling and
registration of pyrotechnic articles, and also the requirements
for the notified body shall be determined by the Cabinet.
[11 June 2015]
Chapter III
Licensing of Commercial Activity
Section 6. Special Permits
(Licences)
(1) Natural and legal persons, and also manufacturers,
importers, and distributors shall require a special permit
(licence) for commercial activities with Category F2, F3, or F4
fireworks, Category T1 or T2 theatrical pyrotechnic articles or
their propellants. The special permit (licence) shall also be
necessary for the manufacture of Category F1 fireworks or their
propellants.
(2) The special permits (licences) referred to in Paragraph
one of this Section, shall be issued, suspended or revoked by the
State Police. The State Police shall establish a Licensing
Commission comprising no less than five persons for the issue of
special permits (licences).
(3) A merchant shall need to receive a duplicate of the
special permit (licence) if the special permit (licence) has been
damaged, lost or stolen, and a repeated special permit (licence)
if the information indicated therein on the merchant have changed
or another place for the manufacture, storage, or sale of
pyrotechnic articles has been arranged.
(4) A State fee shall be paid for the issuance of a special
permit (licence), a duplicate thereof and a repeated special
permit (licence).
(5) The State Police shall include in the Register of Licences
and Certificates information on special permits (licences),
individual merchants, and persons who have hold offices in the
administrative bodies of a merchant, and also employees which are
subject to the restrictions provided for in this Law. The manager
of the Register shall be the Information Centre of the Ministry
of the Interior.
(6) The Cabinet shall determine the extent of the information
to be included in the Register of Licences and Certificates, and
the procedures for inclusion, use and deletion of such
information, and also the authorities to which access shall be
granted to the information entered therein.
(7) [11 June 2015]
[11 June 2015]
Section 7. Restrictions for Issuing
the Special Permit (Licence)
(1) The special permit (licence) shall be issued to individual
merchants and commercial companies if the individual merchant or
persons holding offices in the administrative bodies of the
merchant, and the employees of the merchant directly related to
the manufacture, storage, or sale of pyrotechnic articles or the
provision of pyrotechnic services, are at least 18 years of age
and if the restrictions referred to in Paragraph two of this
Section do not apply thereto and to the merchant.
(2) It is prohibited to issue the special permit
(licence):
1) if an individual merchant or a person holding an office in
an administrative body of the merchant, or an employee of the
merchant directly related to the manufacture, storage, or sale of
pyrotechnic articles or to the provision of pyrotechnic
services:
a) has been sentenced for a serious or especially serious
crime or a criminal violation or less serious crime committed
under the influence of alcoholic beverages, narcotic or other
intoxicating substances; for refusing to undergo blood alcohol
test or a test for narcotic, psychotropic, toxic, and other
intoxicating substances; for hooliganism or resistance to
representatives of the law or another State official - prior to
the sentence being extinguished or set aside;
b) has been sentenced for committing the criminal offence
provided for in Clause 1, Sub-clause "a" of this Paragraph, being
released from sentence if a year has not passed from the day when
the ruling on the release from sentence entered into effect;
c) has been released from criminal liability for committing
the criminal offence provided for in Clause 1, Sub-clause "a" of
this Paragraph if a year has not passed from the day when the
relevant decision entered into effect;
d) has been conditionally released from criminal liability for
committing the criminal offence provided for in Clause 1,
Sub-clause "a" of this Paragraph if the probationary period has
not passed;
e) has been given the status of the accused in criminal
proceedings for committing the criminal offence provided for in
Clause 1, Sub-clause "a" of this Paragraph;
f) has been punished administratively for violations of the
regulations for the circulation of pyrotechnic articles; offences
committed under the influence of alcoholic beverages, narcotic,
or other intoxicating substances; for refusing to undergo blood
alcohol test or a test for narcotic or other intoxicating
substances; for minor hooliganism or for malicious non-compliance
with the lawful order or request of an employee of a police
institution, border guard or national guard if a year has not
passed since the execution of the administrative punishment;
2) if to an individual merchant or a person holding an office
in an administrative body of the merchant, or an employee of the
merchant directly related to the manufacture, storage, or sale of
pyrotechnic articles or to the provision of pyrotechnic
services:
a) psychiatric disorders have been diagnosed;
b) addiction to alcoholic, narcotic, psychotropic, or toxic
substances has been diagnosed;
3) a merchant whose special permit (licence) for commercial
activities with pyrotechnic articles or commercial activities
with weapons, ammunition, special means, explosives, firing sets
has been revoked - less than a year after its revocation;
4) a merchant whose participant is a legal person whose
special permit (licence) for commercial activities with
pyrotechnic articles or commercial activities with weapons,
ammunition, special means, explosives, or firing sets has been
revoked within the last year;
5) a merchant whose participant or an official of its
administrative body is a natural person who has been an
individual merchant or participant of a merchant whose special
permit (licence) for commercial activities with pyrotechnic
articles or commercial activities with weapons, ammunition,
special means, explosives, or firing sets has been revoked within
the last year, or who was entitled to represent such
merchant.
(3) The Cabinet shall determine the requirements for the
receipt of the special permit (licence), the requirements which
shall be fulfilled during the validity period of the special
permit (licence), the procedures by which the special permit
(licence), the duplicate thereof or a repeated special permit
(licence) shall be issued to a merchant, the special permit
(licence) shall be revoked, the validity of the special permit
(licence) shall be suspended, and also the amount and procedures
for the payment of the State fee payable for the issuance of the
special permit (licence), the duplicate thereof and a repeated
special permit (licence).
[11 June 2015]
Section 8. Suspending the Validity
and Annulment of Special Permit (Licence)
(1) The State Police may, for up to 60 days, suspend the
validity of a special permit (licence) fully or regarding any
place indicated in the special permit (licence) for the
manufacture, storage or sale of pyrotechnic articles in order to
terminate violations of the regulations for the manufacture,
storage, transportation, sale, or use of pyrotechnic articles
specified in this Law and in other laws and regulations.
(2) The State Police shall revoke a special permit (licence),
if:
1) the merchant violates requirements of this Law;
2) the merchant has knowingly provided false information to
receive a special permit (licence);
3) it is determined by another law or a court ruling;
4) it has been found that the merchant is subject to the
restrictions for the issue of the special permit (licence)
referred to in Section 7 of this Law.
[4 June 2020 / Amendments to Paragraph one regarding
the right of the State Police to suspend the validity of a
special permit (licence) fully or in any part thereof shall come
into force on 1 July 2020. See Paragraph 8 of Transitional
Provisions]
Section 9. Appeal of a Decision
The decision to refuse to issue a special permit (licence),
suspend the validity or revoke the special permit (licence) may
be contested and appealed in accordance with the procedures laid
down in the Administrative Procedure Law. The contesting or
appeal of the decision shall not suspend its operation and
implementation.
Chapter IV
Regulations for Commercial Circulation of Pyrotechnic
Articles
Section 10. Making Pyrotechnic
Articles Available on the Market
(1) Pyrotechnic articles shall only be placed and made
available on the market if they meet the essential safety
requirements, have been identified, have been stored correctly
and labelled, if instructions for use and safety information in
easily understandable official language have been appended
thereto, corresponding technical documentation is available,
conformity assessment has been performed and it is certified by
the European Conformity Marking CE (hereinafter - the CE
conformity marking), and also if pyrotechnic articles do not
endanger human health and safety when stored correctly and used
for the intended purpose.
(2) At annual fairs, trade exhibitions, and demonstrations for
the marketing of pyrotechnic articles, also such pyrotechnic
articles which do not meet the stipulated requirements may be
demonstrated and used if there is a visible indication on the
article or its packaging that informs of such non-conformity,
includes the name and date of the annual fair, trade exhibition
and deminstration, and also states that such pyrotechnic articles
are not available for sale until brought into conformity.
(3) The use and availability on the market of such pyrotechnic
articles intended for research, development, and testing purposes
shall be permitted in the Republic of Latvia which do not meet
the stipulated requirements if there is a visible indication on
the article or its packaging that informs of such non-conformity
and use for research, development and testing purposes.
[11 June 2015]
Section 11. Obligations of the
Manufacturer, Importer, Distributor, and Provider of Pyrotechnic
Services
The obligations of the manufacturer, importer, distributor,
and provider of pyrotechnic services shall be determined by the
Cabinet.
[11 June 2015]
Section 12. Conditions for the
Manufacture, Storage, and Sale of Pyrotechnic Articles
(1) A merchant has the right to manufacture fireworks,
theatrical pyrotechnic articles and the propellants thereof,
store and sell Category F2, F3, or F4 fireworks and Category T1
or T2 theatrical pyrotechnic articles and the propellants thereof
only in specially equipped premises whose address is indicated in
the special permit (licence), and only pyrotechnic articles from
the category containing the total amount of propellant which is
indicated in the special permit (licence).
(2) Merchants, including manufacturers, importers and
distributors, shall sell or otherwise make available Category F4
fireworks and Category T2 theatrical pyrotechnic articles only to
those merchants who have received the special permit (licence)
for the provision of pyrotechnic services, or to those legal
persons which use pyrotechnic articles for making cinematographic
films or television broadcasts, theatrical performances or other
art and entertainment events, and Category P2 pyrotechnic
articles, only to those merchants which use pyrotechnic articles
in the manufacture or repair of vehicles or other equipment or
devices. The employees of the abovementioned merchants and legal
persons who are directly related to the storage and use of these
pyrotechnic articles shall be persons with specialist
knowledge.
(3) Category F1, F2 and F3 fireworks, Category T1 theatrical
pyrotechnic articles and Category P1 pyrotechnic articles may not
be sold or otherwise made available to persons who have not
reached the relevant age specified in this Law.
(4) Fireworks and theatrical pyrotechnic articles whose basic
effect is the creation of noise similar to an explosive noise
(petards and the prototypes thereof) may be sold or otherwise
made available only to the categories of persons specified in
this Law.
(5) When advertising and offering fireworks and theatrical
pyrotechnic articles on the Internet, it is prohibited to supply
and sell them in retail trade outside the specially equipped
location of trade indicated in the special permit (licence).
(6) Fireworks and theatrical pyrotechnic articles may not be
sold or otherwise made available to users if their instructions
for use are not appended to these articles, their packaging or
each such article separately.
(7) [11 June 2015 / See Paragraph 3 of Transitional
Provisions]
(8) [11 June 2015 / See Paragraph 3 of Transitional
Provisions]
(9) Other Category P1 pyrotechnic articles intended for
vehicles, including airbag and seat belt pre-tensioner systems,
may only be made available to persons who require the relevant
pyrotechnic articles for the needs of professional occupation,
unless the abovementioned pyrotechnic articles for vehicles have
been integrated in a vehicle or a detachable part of a
vehicle.
[11 June 2015 / Amendment regarding the deletion of
Paragraphs seven and eight shall come into force on 1 January
2016. See Paragraph 7 of Transitional Provisions]
Section 13. Provision of Pyrotechnic
Services
(1) In order to use fireworks and theatrical pyrotechnic
articles for commercial purposes, for the creation of smoke,
noise, or light effects, for signalling or fireworks at
festivities (for the demonstration of a salute), a merchant shall
require a special permit (licence) issued by the State Police for
the provision of pyrotechnic services.
(2) Only persons with specialist knowledge may use fireworks
and theatrical pyrotechnic articles for the provision of
pyrotechnic services.
Section 14. Procedures for the
Manufacture, Storage, Carrying, Transportation, Sale of Fireworks
and Theatrical Pyrotechnic Articles, the Organisation of
Commercial Exhibitions and Demonstrations (Use), and also the
Provision of Pyrotechnic Services
The Cabinet shall determine the procedures for the
manufacture, storage, carrying, transportation, sale of fireworks
and theatrical pyrotechnic articles, the organisation of
commercial exhibitions and demonstrations (use), and also the
provision of pyrotechnic services.
Chapter V
Acquisition, Carrying, Transportation, Storage, and Use of
Pyrotechnic Articles
Section 15. Right of Natural Persons
to Acquire, Store, and Use Pyrotechnic Articles
(1) A natural person who has reached 14 years of age has the
right to acquire, store, and use Category F1 fireworks.
(2) A natural person who has reached 18 years of age has the
right to acquire, store, and use Category F2 and F3 fireworks,
Category T1 theatrical pyrotechnic articles and Category P1
pyrotechnic articles.
(3) Fireworks and theatrical pyrotechnic articles whose basic
effect is to create a noise similar to an explosive noise
(petards and the prototypes thereof) may be acquired, stored, and
used at hunting by the persons who have received a hunting
licence.
(4) Natural persons are prohibited from:
1) acquiring, storing, and using Category F4 fireworks,
Category T2 theatrical pyrotechnic articles and Category P2
pyrotechnic articles;
2) handing over or otherwise making available Category F1
fireworks to natural persons who have not reached the age
specified in Paragraph one of this Section;
3) handing over or otherwise making available Category F2 and
F3 fireworks, Category T1 theatrical pyrotechnic articles and
Category P1 pyrotechnic articles to natural persons who have not
reached the age specified in Paragraph two of this Section;
4) handing over or otherwise making available the fireworks
and theatrical pyrotechnic articles of the relevant category to
legal persons who are not entitled to use pyrotechnic articles of
the relevant type and category;
5) acquiring, storing, and using military pyrotechnics.
[11 June 2015]
Section 16. Right of Legal Persons
and State Institutions to Acquire, Store, and Use Pyrotechnic
Articles
(1) A merchant who has received the special permit (licence)
referred to in Section 6 of this Law has the right to acquire the
type and category of pyrotechnic articles which are indicated in
the special permit (licence) and operate with them according to
the type of operation indicated in the special permit
(licence).
(2) Only a merchant who has received a special permit
(licence) for manufacturing pyrotechnic articles is permitted to
acquire pyrotechnic article propellants.
(3) Legal persons whose type of work is the making of
cinematographic films or television broadcasts, the staging and
demonstrating of theatrical performances or the organisation of
other art and entertainment events have the right to acquire,
store, and use Category F4 fireworks and Category T2 theatrical
pyrotechnic articles, if at least one of the employees of the
legal person is a person with specialist knowledge.
(4) Fireworks and theatrical pyrotechnic articles whose basic
effect is the creation of noise similar to an explosive noise
(petards and the prototypes thereof) may be acquired, stored and
used by the merchants having received the special permit
(licence) for the provision of pyrotechnic services, and also the
legal persons referred to in Paragraph three of this Section.
(5) Legal persons who manufacture or repair vehicles or
equipment and devices in which the relevant pyrotechnic articles
are installed or which require them for technical purposes have
the right to acquire, store, and use pyrotechnic articles for
vehicles and other Category P1 and P2 pyrotechnic articles.
(6) The legal persons referred to in Paragraphs one, three,
and five of this Section shall ensure that the Category F4
fireworks and Category T2 theatrical pyrotechnic articles at the
disposal thereof are used and the work with Category P2
pyrotechnic articles is only performed by persons with specialist
knowledge.
(7) It is prohibited for legal persons to handover or
otherwise make available:
1) Category F1 fireworks to the natural persons who have not
reached the age specified in Section 15, Paragraph one of this
Law;
2) Category F2 and F3 fireworks, Category T1 theatrical
pyrotechnic articles and Category P1 pyrotechnic articles to the
natural persons who have not reached the age specified in Section
15, Paragraph two of this Law;
3) the fireworks and theatrical pyrotechnic articles of the
relevant category to other legal persons who are not entitled to
use the respective type and category of pyrotechnic articles.
(8) It is prohibited for legal persons, except for the legal
persons referred to in Paragraphs one, three, and five of this
Section to acquire, store and use Category F4 fireworks, Category
T2 theatrical pyrotechnic articles and Category P2 pyrotechnic
articles.
(9) The right of legal persons referred to in Paragraph three
of this Section to acquire, store, and use in the operations
thereof Category F4 fireworks and Category T2 theatrical
pyrotechnic articles shall be certified by the State Police by
issuing a written authorisation. The procedures for the issue of
the abovementioned authorisation shall be determined by the
Cabinet.
(10) Only the National Armed Forces, the State Police, the
State Border Guard, the State Fire and Rescue Service, and the
Prison Administration, and also other State authorities which
have the right to use military pyrotechnics in the operations
thereof granted by law may acquire, store, and use military
pyrotechnics.
[11 June 2015]
Section 17. Prohibitions and
Restrictions for the Use of Pyrotechnic Articles
(1) It is prohibited to use pyrotechnic articles if the use
thereof endangers human life, health, property or may cause harm
to environment, and also under the influence of alcoholic
beverages, narcotic or other intoxicating substances.
(2) Fireworks and theatrical pyrotechnic articles shall be
used in accordance with the instructions for use thereof and the
safety requirements specified therein.
(3) A person who uses fireworks and theatrical pyrotechnic
articles shall ensure:
1) the absence of persons, animals, vehicles, property of
other persons and fire-hazardous and explosive articles in the
danger zone during the use of pyrotechnic articles and following
the use thereof, until it has been verified that all the
projectiles have been operated;
2) the appropriate enlarging of the danger zone during strong
winds. If the wind speed exceeds nine metres per second, the use
of pyrotechnic articles is not permitted;
3) the inspection of the place of use of the pyrotechnic
articles and of the un-operated or partly operated pyrotechnic
articles, and the collection of the pyrotechnic cartridge
elements and packaging of pyrotechnic articles, no sooner than
the time specified in the instructions for use of the pyrotechnic
articles.
(4) It is prohibited to use fireworks and theatrical
pyrotechnic articles:
1) on the property of other private persons without the
consent of the owner or possessor thereof;
2) in proximity of the land, buildings or vehicles in the
ownership of other private persons if, by using the pyrotechnic
articles, the projectiles, sparks or the residue thereof may fall
on to the land, buildings, or vehicles of other private persons
and these persons have not given the consent thereto;
3) indoors, except for Category F1 fireworks and theatrical
pyrotechnic articles;
4) closer than 100 metres from fire-hazardous and explosive
objects and the territories thereof, fuel tanks, gas cylinders
and other flammable or fire-hazardous substances and
materials,
5) closer than 100 metres from the facilities of manufacture
and storage of dangerous substances and mixtures;
6) closer than 100 metres from zoological parks, fur-farms and
livestock breeding facilities without the authorisation of the
owner thereof;
7) beneath electricity low-voltage, high-voltage and
communication lines, tree branches and other obstacles which may
be reached by the pyrotechnic projectiles (substances), and also
in tunnels;
8) closer than the safe distance indicated in the instructions
for use of the pyrotechnic article from bridges, railways,
motorways, road crossings, and transport route partings;
9) on road carriageways and pedestrian paths, unless a local
government authorisation has been received;
10) closer than 100 metres from State and local government
institutions, foreign diplomatic representations, churches and
places of worship, medical treatment institutions, educational
institutions, social care and social rehabilitation institutions,
bus stations, railway stations, airports and passenger ports,
unless the authorisation of the relevant authority has been
received;
11) in the courtyards of multi-apartment houses if pyrotechnic
rockets are being used.
(5) The relevant local government may, when issuing the
binding regulations, restrict the place and time for the use of
fireworks and theatrical pyrotechnic articles.
[11 June 2015]
Section 18. Procedures for the
Acquisition, Carrying, Transportation, and Storage of Fireworks
and Theatrical Pyrotechnic Articles
The Cabinet shall determine the procedures for the
acquisition, carrying, transportation, and storage of fireworks
and theatrical pyrotechnic articles.
Chapter VI
Persons with Specialist Knowledge
Section 19. Document Certifying the
Vocational Competence of the Person with Specialist Knowledge
(1) In order for a natural person to be authorised to operate
with Category F4 fireworks, Category T2 theatrical pyrotechnic
articles or Category P2 pyrotechnic articles and use them in
accordance with the procedures laid down in this Law, he or she
shall require a certificate certifying the specialist knowledge
of this person in the field of the circulation of pyrotechnic
articles (hereinafter - the pyrotechnic certificate).
(2) A natural person need not receive the pyrotechnic
certificate if this person has received a document comparable
thereto from another European Union Member State or European
Economic Area State certifying the vocational competence
thereof.
(3) Persons having reached at least 18 years of age who have
acquired appropriate profession or qualification in an
educational institution or who have completed the necessary
vocational education programme for the acquisition of a
pyrotechnic certificate, or who have completed the necessary
vocational in-service training or vocation oriented education
programme for the acquisition of a pyrotechnic certificate and
passed the qualification examination, are entitled to receive a
pyrotechnic certificate, if the restrictions specified in Section
7, Paragraph two, Clauses 1 and 2 do not apply thereto.
(4) Procedures for the acquisition of the pyrotechnic
certificate shall be determined by the Cabinet.
(5) A person whose pyrotechnic certificate has been revoked is
entitled to receive a new certificate following the passing of
the qualification examination provided for in Paragraph three of
this Section, but no sooner than a year following the taking of
the decision on the revocation of the certificate.
(6) A person shall need to receive the pyrotechnic certificate
duplicate if the pyrotechnic certificate has been damaged, lost,
or stolen, and a repeated pyrotechnic certificate if the personal
data indicated therein has changed.
(7) A State fee shall be paid for the issue of the pyrotechnic
certificate, the duplicate thereof and a repeated certificate.
The amount of the State fee and its payment procedures shall be
determined by the Cabinet.
(8) The State Police shall register information on the
pyrotechnic certificate in the Register of Licences and
Certificates. The Cabinet shall determine the extent of the
information to be entered in the Register of Licences and
Certificates, and the procedures for the entry, use and deletion
of information, and also the authorities to which access to the
information entered in this Register shall be granted.
[11 June 2015]
Section 20. Revocation of
Pyrotechnic Certificate
(1) The State Police shall revoke the pyrotechnic certificate
if:
1) a person with specialist knowledge violates the procedures
for the acquisition, storage, recording, carrying,
transportation, sale, and use of pyrotechnic articles or for the
provision of pyrotechnic services specified in this Law;
2) the restrictions specified in Section 7, Paragraph two,
Clauses 1 and 2 of this Law have taken effect.
(2) The decision to revoke the pyrotechnic certificate may be
contested and appealed in accordance with the procedures laid
down in the Administrative Procedure Law. The contesting or
appeal of a decision shall not suspend the operation thereof.
[11 June 2015]
Chapter VII
Supervision of the Circulation of Pyrotechnic Articles
Section 21. Control of the
Circulation of Pyrotechnic Articles
(1) The supervision of the circulation of pyrotechnic articles
shall be performed by State administrative institutions according
to the competence thereof.
(2) The control of the circulation of fireworks and theatrical
pyrotechnic articles in respect of the implementation of the
requirements provided for in this Law shall be performed by the
State Police according to the competence thereof.
(3) The control of military pyrotechnics in respect of the
implementation of the requirements provided for in this Law shall
be performed by the Ministry of Defence according to the
competence thereof.
Section 22. Market Supervision
(1) When implementing market supervision in accordance with
this Law and the laws and regulations regarding the requirements
for accreditation and market supervision in relation to trade in
products, the authorities referred to in Section 21 of this Law
are entitled, according to the competence:
1) to control and supervise the conformity of a pyrotechnic
article with the essential safety requirements;
2) to request and receive, free of charge, information which
is necessary for safety assessment of a pyrotechnic article or to
perform the functions of the relevant institution;
3) to request and receive, free of charge, samples of a
pyrotechnic article, to make control purchases for the purchase
of a pyrotechnic article, and to organise a laboratory expert
examination or expert examination of another kind of a
pyrotechnic article in order to determine the conformity of the
pyrotechnic article with the essential safety requirements if it
is provided by the annual supervision and control programme
approved by the relevant institution, if non-conformity of the
pyrotechnic article with the essential safety requirements is
suspected, or if a complaint has been received.
(2) After the controlling authority takes the final decision
on the conformity of the pyrotechnic article with the
requirements or during an expert examination it is established
that the pyrotechnic article meets the requirements, the sample
shall be returned if it has not been destroyed or used during
expert examination.
(3) When supervising the circulation of pyrotechnic articles,
the controlling authorities shall take into consideration the
information provided by the European Commission on pyrotechnic
articles which are not placed on the market, are prohibited or
whose placing on the market is restricted.
(4) If the controlling authority has a justified reason to
consider that a pyrotechnic article poses a serious risk to human
health, safety or other public interests protected by law, it
shall assess the relevant pyrotechnic article in accordance with
all the requirements provided for in the laws and regulations
regarding safety of pyrotechnic articles. The relevant
manufacturer or importer and the distributor, if necessary, shall
cooperate with the controlling authority.
(5) If the controlling authority establishes while carrying
out the assessment of a pyrotechnic article referred to in
Paragraph four of this Section that the pyrotechnic article does
not meet the requirements laid down, it shall, in conformity with
the conditions referred to in Article 21 of Regulation (EC) No
65/2008 of the European Parliament and of the Council of 9 July
2008 setting out the requirements for accreditation and market
surveillance relating to the marketing of products and repealing
Regulation (EEC) No 339/93 (hereinafter - Regulation No
765/2008), request the relevant manufacturer, importer, or
distributor to perform, depending on the risk posed, the
necessary adjusting activities, achieving the conformity of the
pyrotechnic article with the requirements laid down, or withdraw
it from the market or recall within the period stipulated by the
controlling authority.
(6) If the controlling authority establishes while carrying
out the assessment of a pyrotechnic article referred to in
Paragraph four of this Section that the pyrotechnic article meets
the requirements laid down, however, poses risk to human health,
safety or other public interests protected by law, it shall
request the relevant manufacturer, importer, or distributor to
perform, depending on the risk caused, the necessary adjusting
activities, achieving that the pyrotechnic article no longer
poses such risk, or withdraw it from the market or recall within
the period stipulated by the controlling authority.
(7) If the controlling authority establishes that the
pyrotechnic article has not been labelled in accordance with the
requirements laid down in Article 30 of Regulation No 765/2008 or
other laws and regulations regarding labelling of pyrotechnic
articles, the European Union declaration of conformity has not
been drawn up for the pyrotechnic article or it has been drawn up
incorrectly, technical documentation of the pyrotechnic article
is not available or incomplete, or the merchant has not fulfilled
the requirements in relation to the information to be provided or
other administrative requirements concerning the obligations of
the manufacturer or importer, it shall request the merchant to
eliminate the established non-conformity.
(8) If the merchant does not perform the activities indicated
in Paragraphs five, six, and seven of this Section within the
specified period or they are insufficient, the controlling
authority which established the relevant risk or non-conformity
shall take all the necessary measures to prohibit from or
restrict making the relevant pyrotechnic articles available on
the market, to withdraw them from the market or, where necessary,
destroyed in appropriate conditions.
(9) The actions and decision of the controlling authority
referred to in Paragraphs five, six, and eight of this Section
may be contested and appealed in accordance with the procedures
laid down in the Administrative Procedure Law. The contesting or
appeal of a decision shall not suspend the operation thereof.
[11 June 2015]
Section 22.1
Reimbursement of Expenditures for Market Supervision
(1) Expenditures which are related to the transportation of
the sample of a pyrotechnic article from the place where the
sample was taken to the performer of expert examination and back
or to the place where the sample will be destroyed, and also
expenditures related to destruction of the sample shall be
covered by the controlling authority.
(2) Expenditures for laboratory expert examination or expert
examination of another kind of a pyrotechnic article shall be
covered by the controlling authority.
(3) If it is established that the sample of a pyrotechnic
article does not meet the essential safety requirements, the
manufacturer, importer, or distributor of the pyrotechnic article
from whom the samples were withdrawn shall, within five days
after receipt of the document confirming expenditures, reimburse
the expenditures referred to in Paragraph one of this Section.
The expenditures referred to in Paragraph two of this Section
shall be reimbursed:
1) by the manufacturer of the pyrotechnic article;
2) if the manufacturer of the pyrotechnic article is not
registered in the Republic of Latvia - by the importer or
distributor who was the first to offer pyrotechnic articles not
meeting the essential safety requirements in the Republic of
Latvia.
[11 June 2015]
Section 23. Liability for the
Violation of the Regulations for the Circulation of Pyrotechnic
Articles
[4 June 2020 / See Paragraph 8 of Transitional Provisions]
Chapter VIII
Cooperation with the European Commission and Member States
[11 June 2015]
Section 24. Informing the European
Commission and Member States of the Results of the Assessment
Carried Out in the Republic of Latvia and Measures if the
Pyrotechnic Article Poses a Serious Risk to Public Interests
(1) If the controlling authority has grounds to consider that
a pyrotechnic article for which the assessment referred to in
Section 22, Paragraph four of this Law has been carried out and
regarding which it has been established that such pyrotechnic
article poses a serious risk to human health, safety or other
public interests protected by law is being made available on the
market also in another Member State, it shall inform the European
Commission and Member States of the results of the assessment
carried out in the Republic of Latvia and measures the taking of
which has been requested from the relevant merchant.
(2) If the merchant has not taken the requested measures or
they have been insufficient, and the controlling authority has
acted in accordance with that specified in Section 22, Paragraph
eight of this Law, it shall, without delay, inform the European
Commission and Member States of the measures implemented thereby
in relation to the pyrotechnic article posing risk, indicating
any information available to such authority, including:
1) data necessary for the identification of the non-conforming
pyrotechnic article;
2) information on the origin of the pyrotechnic article;
3) nature of the non-conformity and the risk posed
thereby;
4) information on the measures taken in the Republic of
Latvia, and also explanations and arguments provided by the
relevant manufacturer, importer, or distributor;
5) indication that the pyrotechnic article does not meet the
requirements for the protection of human health, safety, or other
public interests or on the non-conformities found in the
applicable standards references to which have been published in
the Official Journal of the European Union.
(3) If none of the Member States or the European Commission
has expressed objections against the measure taken by the
controlling authority within three months after receipt of the
information referred to in Paragraph two of this Section, it
shall be considered as justified.
Section 25. Actions of the
Controlling Authority upon Receipt of a Notification on
Pyrotechnic Articles Identified by Another Member State as not
Conforming to the Requirements which Pose a Serious Risk to
Public Interests
(1) If the controlling authority, upon receipt of a
notification from another Member State, establishes that a
pyrotechnic article not conforming to the requirements of this
Law which poses a serious risk to human health, safety, or other
public interests protected by law is available also on the market
of the Republic of Latvia, it shall, without delay, inform the
European Commission and other Member States of the measures taken
and provide the additional information at the disposal thereof in
relation to non-conformity of the relevant pyrotechnic article.
If the controlling authority has objections against measures
taken by another Member State, it shall inform the European
Commission and other Member States of such objections.
(2) The controlling authority shall inform the European
Commission of the measures taken to ensure the withdrawal of the
non-conforming pyrotechnic article from the market of the
Republic of Latvia based on the information referred to in
Section 22, Paragraph three of this Law.
Section 26. Informing the European
Commission and Member States of the Pyrotechnic Articles Meeting
the Requirements which Pose Risk to Public Interests
(1) If the controlling authority has grounds to consider that
a pyrotechnic article for which the assessment referred to in
Section 22, Paragraph four of this Law has been carried out and
regarding which it has been found that it conforms to the laws
and regulations regarding safety of pyrotechnic articles,
however, poses risk to human health, safety, or other public
interests protected by law, it shall, without delay, inform the
European Commission and Member States, providing all the
information available thereto, including:
1) data necessary for the identification of the relevant
pyrotechnic article;
2) information on the origin and supply chain of the
pyrotechnic article;
3) nature of the risk posed;
4) information on the measures taken in the Republic of Latvia
and their duration.
(2) The controlling authority shall inform the European
Commission and Member States of the pyrotechnic articles referred
to in Paragraph one of this Section in accordance with such
procedures which are laid down in the laws and regulations
governing safety of goods and services.
Chapter IX
Administrative Offences in the Field of Circulation of
Pyrotechnic Articles and Competence in Administrative Offence
Proceedings
[4 June 2020 / Chapter
shall come into force on 1 July 2020. See Paragraph 8 of
Transitional Provisions]
Section 27. Violation of the
Regulations for the Circulation of Pyrotechnic Articles
For the violation of the regulations for the circulation of
pyrotechnic articles, a fine from seven to seventy units of fine
shall be imposed on a natural person, but a fine from seven to
two hundred and eighty units of fine - on a legal person.
[4 June 2020 / Section shall come into force on 1
July 2020. See Paragraph 8 of Transitional
Provisions]
Section 28. Commercial Activities
Without a Special Permit (Licence) in the Field of Circulation of
Pyrotechnic Articles
For commercial activities with pyrotechnic articles without a
special permit (licence), a fine from fifty-six to three hundred
units of fine shall be imposed on a natural person or a member of
the board, with or without withdrawal of the right for the member
of the board to hold specific offices in commercial companies for
a period of up to three years.
[4 June 2020 / Section shall come into force on 1
July 2020. See Paragraph 8 of Transitional
Provisions]
Section 29. Competence in
Administrative Offence Proceedings
Administrative offence proceedings for the violations referred
to in Sections 27 and 28 of this Law shall be conducted by the
State Police or municipal police.
[4 June 2020 / Section shall come into force on 1
July 2020. See Paragraph 8 of Transitional
Provisions.]
Transitional Provisions
1. [11 June 2015]
2. The norms of Section 4, Paragraph three, Sections 10 and
11, Section 19, Paragraph one, and Section 22 in respect of other
Category P1 and P2 pyrotechnic articles, Category F4 fireworks,
and theatrical pyrotechnic articles shall be in effect from 4
July 2013.
[11 June 2015]
3. The norms of Section 4, Paragraph three, Sections 10 and
11, Section 19, Paragraph one, and Section 22 of this Law shall
not apply to the pyrotechnic articles brought into the Republic
of Latvia before coming into force of this Law. Pyrotechnic
articles which, at the moment of bringing in, have been
classified as Category F1, F2, and F3 fireworks may be made
available on the market until 4 July 2017.
[11 June 2015]
3.1 Theatrical pyrotechnic articles brought into
the Republic of Latvia before 4 July 2013 and fireworks brought
into the Republic of Latvia before 4 July 2013 and, at the moment
of bringing in, classified as Category F4 fireworks may be made
available on the market until 4 July 2017.
[11 June 2015]
3.2 Other pyrotechnical articles brought into the
Republic of Latvia before 4 July 2013 and, at the moment of
bringing in, classified as Category P1 and P2 pyrotechnic
articles may be made available on the market until 4 July 2017 or
until expiry of the validity of the permits issued for their
circulation, whichever is earlier, but the circulation of
pyrotechnic articles for vehicles of such category and their
spare parts shall be permitted until expiry of the period of
validity of the permits issued for their circulation.
[11 June 2015]
4. Special permits (licences) and registration certificates
for commercial activities with pyrotechnic articles which have
been issued prior to the adoption of this Law shall be in effect
until expiry of their period of validity but not later than 23
May 2017.
5. [11 June 2015]
6. Pyrotechnic articles which were placed on the market until
1 July 2015 may be made available on the market also if their
conformity assessment and labelling has been carried out in
accordance with the requirements for conformity assessment and
labelling that were in force at the time when they were placed on
the market.
[11 June 2015]
7. Deletion of Section 12, Paragraphs seven and eight of this
Law shall come into force on 1 January 2016.
[11 June 2015]
8. Amendments to Section 8, Paragraph one of this Law
regarding the rights of the State Police to suspend the validity
of the special permit (licence) fully or any part thereof, and
also deletion of Section 23, and Chapter IX of this Law shall
come into force concurrently with the Law on Administrative
Liability.
[4 June 2020]
Informative Reference to European
Union Directives
[11 June 2015]
The Law contains legal norms arising from:
1) Directive 2013/29/EU of the European Parliament and of the
Council of 12 June 2013 on the harmonisation of the laws of the
Member States relating to the making available on the market of
pyrotechnic articles;
2) Commission Implementing Directive 2014/58/EU of 16 April
2014 setting up, pursuant to Directive 2007/23/EC of the European
Parliament and of the Council, a system for the traceability of
pyrotechnic articles.
The Law has been adopted by the Saeima on 23 September
2010.
President V. Zatlers
Rīga, 13 October 2010
1 The Parliament of the Republic of
Latvia
Translation © 2022 Valsts valodas centrs (State
Language Centre)
