The Saeima¹ has adopted and
the President has proclaimed the following law:

Law on the State Material Reserves

Section 1. Purpose of this Law

The purpose of this Law is to ensure efficient use of the State material reserves in cases of disasters, military and other threats.

Section 2. Nomenclature of the State Material Reserves

(1) The nomenclature of the State material reserves is a list of State material reserves indicating the type and amount of material resources and the ministry for the sectoral needs of which the State material reserves are being created.

(2) The nomenclature of the State material reserves shall be approved by the Cabinet.

Section 3. Use of the State Material Reserves

(1) The State material reserves shall be used:

1) in the response measures, elimination of consequences measures, and recovery measures which are part of the disaster management;

2) in the measures for overcoming a military threat;

3) in the measures for overcoming crisis situations;

4) in unforeseen events to eliminate threats to human health and life;

5) in the measures for ensuring the public security and order;

6) for the provision of training and educational activities to personnel on civil protection and disaster management;

7) in the measures provided for in the National Economy Mobilisation Plan;

8) in the measures to be implemented in the event of mass influx of asylum seekers;

9) for the provision of humanitarian assistance.

(2) The decision to allow the use of the State material reserves in the measures specified in Paragraph one of this Section, except for the provision of humanitarian assistance, shall be taken by the State Secretary of the respective sectoral ministry or an official authorised thereby.

(3) The procedures for the use of the State material reserves in the measures specified in Paragraph one of this Section, except for the provision of humanitarian assistance, shall be determined by the Cabinet.

(4) The State material reserves shall be used for the provision of humanitarian assistance in accordance with the laws and regulations governing the provision of humanitarian assistance.

Section 4. Tasks of a Sectoral Ministry

(1) A sectoral ministry shall:

1) evaluate the potential threats and, based on a risk assessment, decide on the need to create State material reserves in the respective sector;

2) in cooperation with the institutions subordinate thereto, plan the State material reserves needed in the respective sector;

3) each year evaluate the State material reserve security of the respective sector.

(2) In addition to the tasks referred to in Paragraph one of this Section, a sectoral ministry shall ensure the following activities with the State material reserves:

1) their creation including:

a) their purchase according to the approved nomenclature of the State material reserves within the financial resources allocated for the respective purpose;

b) their replenishment to replace the written off State material reserves, including those used to support primary activities, within the financial resources allocated for the respective purpose;

2) their management including:

a) their recording separately from the material resources intended for supporting primary activities;

b) their storage and maintenance, ensuring the readiness of the State material reserves to be involved in the implementation of the measures specified in Section 3, Paragraph one of this Law;

c) their issuance to the authorities participating in the management of disasters, military and other threats;

d) their alienation when the State material reserves are replenished or specific types of State material reserves are excluded from the nomenclature of the State material reserves;

e) their write-off if the State material reserves have become unfit for use, have been used in the implementation of the measures specified in Section 3, Paragraph one of this Law, as well as if their use cannot be continued due to other circumstances;

f) their inventorying in accordance with the laws and regulations governing accounting.

(3) A sectoral ministry may assign the performance of all or part of the tasks specified in Paragraph two of this Section to a State or local government authority or merchant in accordance with the laws and regulations governing the ensuring of the performance of the State administration tasks.

(4) By 20 February each year, a sectoral ministry shall submit to the Ministry of the Interior a report on the activities undertaken with the State material reserves in the previous year.

(5) Upon evaluation of the State material reserve security of the respective sector, the sectoral ministry shall, where necessary, by 1 March of the current year, submit to the Ministry of the Interior proposals on changes in the nomenclature of the State material reserves, indicating the type and amount of the State material reserves to be included therein, as well as the amount of the additional funds needed for the creation and management of these reserves to prepare the inter-sectoral priority measure application.

Section 5. Tasks of the Ministry of the Interior

The Ministry of the Interior shall ensure the performance of the tasks specified Section 4, Paragraphs one and two of this Law as the sectoral ministry and shall:

1) coordinate the planning of the State material reserves between sectors;

2) in cooperation with the respective sectoral ministries, prepare the nomenclature of the State material reserves and, where necessary, also changes therein. The nomenclature of the State material reserves shall be submitted for approval to the Cabinet;

3) in accordance with the laws and regulations governing the budgetary and financial management, prepare and submit the respective inter-sectoral priority measure application for the allocation of the additional funds needed for the creation and management of the State material reserves;

4) by 20 April each year, submit to the Cabinet an information report on the activities undertaken with the State material reserves in the previous year.

Section 6. Financing of the Creation and Management of the State Material Reserves

(1) The creation and management of the State material reserves shall be financed from:

1) a State budget grant from the general revenue;

2) the revenue from the alienation of the State material reserves and other own revenue;

3) the donations of private individuals.

(2) A sectoral ministry shall plan the funding allocated for the creation and management of the State material reserves under a separate State basic budget programme. Upon evaluation of the amount of the funding allocated for the creation and management of the State material reserves, such funding may be planned under another budget programme or sub-programme of the sectoral ministry, ensuring separate accounting.

(3) A sectoral ministry shall use the surplus of the funding at the end of the economic year resulting from the alienation of the State material reserves and other own revenue for the creation and management of the State material reserves in the following economic years.

Section 7. Purchase of the State Material Reserves

The State material reserves shall be purchased under a procurement procedure in accordance with laws and regulations governing public procurements.

Section 8. Alienation of the State Material Reserves

(1) The State material reserves, except for the medical products and medical devices included therein, shall be alienated in accordance with the laws and regulations governing the alienation of property of a public person.

(2) The procedures by which the medical products and medical devices included in the State material reserves shall be alienated shall be determined by the Cabinet.

Section 9. Inspection of the State Material Reserves

(1) In order to ascertain the readiness of the State material reserves to be involved in the implementation of the measures specified in Section 3, Paragraph one of this Law, the State Fire and Rescue Service is entitled to inspect the State material reserves.

(2) The procedures for the inspection of the State material reserves shall be determined by the Cabinet.

Transitional Provisions

1. With the coming into force of this Law, the Law on State Material Reserves (Latvijas Republikas Saeimas un Ministru Kabineta Ziņotājs, 2007, No. 15, 2009, No. 23; Latvijas Vēstnesis, 2016, No. 57), is repealed.

2. The Cabinet shall issue the regulations provided for in Section 3, Paragraph three, Section 8, Paragraph two, and Section 9, Paragraph two of this Law by 1 March 2019. Until the respective Cabinet regulations come into force, but not later than until 1 July 2019, Cabinet Regulation No. 877 of 18 December 2007, Procedures for the Storage, Recording, Replenishment, Leasing, Lending, Sale and Write-off of the State Material Reserves, shall be applied insofar as it is not in contradiction with this Law.

3. The Cabinet shall approve the nomenclature of the State material reserves by 1 April 2020. The nomenclature of the State material reserves which has been approved until the day when this Law comes into force shall remain in force until 31 March 2020.

This Law shall come into force on 1 January 2019.

This Law has been adopted by the Saeima on 1 November 2018.

President R. Vējonis

Riga, 14 November 2018

¹ The Parliament of the Republic of Latvia

Translation © 2019 Valsts valodas centrs (State Language Centre)