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Teksta versija
LEGAL ACTS OF THE REPUBLIC OF LATVIA
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Text consolidated by Valsts valodas centrs (State Language Centre) with amending laws of:

26 September 2002 [shall come into force from 30 October 2002];
20 January 2005 [shall come into force from 23 February 2005];
25 September 2008 [shall come into force from 29 October 2008];
12 June 2009 [shall come into force from 1 July 2009];
16 December 2010 [shall come into force from 1 January 2011];
13 October 2011 [shall come into force from 16 November 2011];
19 September 2013 [shall come into force from 1 January 2014];
29 May 2014 [shall come into force from 25 June 2014].

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 Radiation Safety and Nuclear Safety

Chapter I
General Provisions

Section 1. Terms Used in This Law

The following terms are used in this Law:

1) activities with sources of ionising radiation - human activities (manufacturing, importing, exporting, transporting, trading, leasing, acquisition for ownership or use, storage, repairing and similar activities in respect of sources of ionising radiation) that may increase exposure of human beings from artificial sources of ionising radiation or from natural sources of ionising radiation if natural radionuclides are used due to their radioactive, nuclear fission or nuclear transformation properties, except for exposure resulting from emergencies;

11) disposal - the emplacement of radioactive waste in a radioactive waste disposal facility without the intention of retrieval;

2) ionising radiation - energy flow in the form of particles or electromagnetic waves (wave length is equal to 100 nanometres or less or the wave fluctuation frequency is equal to 3 x 1015 hertz or more). It is gamma radiation, X-ray radiation, corpuscular radiation and any other radiation capable of creating ionisation in a direct or indirect form;

3) sources of ionising radiation - devices, radioactive substances, nuclear materials, radioactive waste or equipment able to generate ionising radiation or to create radioactive substances from non-radioactive materials, irradiating them with particulates or high energy gamma radiation, as well as the significant parts of technical equipment for generation of ionising radiation;

4) nuclear installation - nuclear materials enrichment plant, nuclear fuel fabrication plant, nuclear reactor (nuclear power plant), spent fuel reprocessing plant, research reactor facility, spent fuel storage facility, and also radioactive waste storage facility, which is located on the same site as any of the abovementioned nuclear installations and is directly related to this nuclear installation;

5) nuclear materials - ores from which uranium or thorium can be acquired by chemical or physical processes, uranium which contains a mixture of isotopes occurring in nature, or depleted uranium, uranium 233, uranium enriched with uranium 233 or uranium 235, thorium in metallic form, in alloy form, in chemical compound or concentrate form, plutonium, except such mixture of plutonium isotopes in which the concentration of plutonium 238 exceeds 80 per cent, as well as other materials containing isotopes which may be split by interaction with neutrons and which create ionising radiation during the process of nuclear fission;

51) spent nuclear fuel - nuclear fuel which is irradiated in the active zone of a reactor and removed from the active zone;

6) operator - a natural person or a legal person who has a licence for activities with sources of ionising radiation or who has registered activities with sources of ionising radiation, and who is responsible for the activities, the radiation safety and nuclear safety in the zone controlled by it;

61) reprocessing - a process or operation, the purpose of which is to extract fissile and fertile materials from spent fuel for further use or to transform radioactive waste into solid form in conformity with the selected packaging in order to transport and dispose of them safely;

7) radiation safety and nuclear safety - a system of organisational and technical measures to ensure safe use of sources of ionising radiation and nuclear equipment, to prevent radiological emergencies and mitigate the consequences of radiological emergencies, thus protecting people and the environment from the hazards of the sources of ionising radiation and ionising radiation of nuclear installation;

8) radioactive substance - a substance which contains one or more radionuclides - isotopes which during the process of atom transformation create ionising radiation with its total or specific radioactivity exceeding the permissible values, and from which protection of people and the environment is necessary;

9) radioactive waste - radioactive materials in any aggregative state, either in gaseous, liquid or solid form for which no further use is foreseen or considered;

91) radioactive waste disposal facility - a facility or installation where radioactive waste is disposed of and for operation of which a licence has been issued;

92) radioactive waste management - all activities that relate to pre-treatment, reprocessing, conditioning, storage or disposal of radioactive waste, except for transporting outside the area controlled by the operator;

93) radioactive waste management facility - a facility or installation where radioactive waste management activities are carried out and for the operation of which a licence has been issued;

10) ionising radiation objects of national significance - nuclear installations, radioactive waste disposal facilities, radioactive waste management facilities and such facilities in which activities with radioactive substances are performed, the total radioactivity of which exceeds the limits laid down by the Cabinet by more than one billion times, for which a special licence is required.

[25 September 2008; 13 October 2011; 29 May 2014 / The new wording of Paragraphs six and ten shall come into force on 1 January 2016. See Paragraph six of Transitional Provisions]

Section 2. Purpose and Scope of Application of this Law

(1) The purpose of this Law is to ensure the protection of people and the environment from the adverse effects of ionising radiation and to specify the duties and rights of State institutions, natural persons and legal persons in the field of radiation safety and nuclear safety.

(2) The Law prescribes the safety requirements for sources of ionising radiation and activities with these and proposes specific requirements for ionising radiation objects of national significance, and prescribes the division of duties among the State authorities in the field of radiation safety and nuclear safety.

Section 3. Basic Principles of Radiation Safety and Nuclear Safety

(1) Activities with sources of ionising radiation are permissible if the following basic principles are complied with:

1) people and the environment may only receive such dose of ionising radiation that does not exceed the dose limits specified;

2) the positive result achieved exceeds the negative impact or losses created by activities with sources of ionising radiation;

3) taking into account the economic and social factors, as well as the options of technical resources, optimum radiation safety measures have been selected for the level of exposure to be reasonably low and not exceed the dose limits specified;

4) the operator has a third-party liability insurance coverage in respect of any damages incurred to the life and health of a third party or property thereof, or the environment due to action or inaction by the operator;

5) activities with sources of ionising radiation are performed after the obtaining of a licence or the registration of activities, except in the cases provided for in the Cabinet regulations.

(2) The placement of nuclear installations and radioactive waste disposal facility or radioactive waste management facility is prohibited in a specially protected nature territory, in a populated area or in direct vicinity of a populated area.

(3) Implementation of the basic principles of radiation safety and nuclear safety shall take place in accordance with Cabinet Regulations regarding protection against ionising radiation.

[29 May 2014 / The new wording of Paragraph one, Clause 5 shall come into force on 1 January 2016. See Paragraph six of Transitional Provisions]

Chapter II
State Supervision and Control of Radiation Safety and Nuclear Safety

Section 4. Supervision and Control Authority

State supervision and control in the field of radiation safety and nuclear safety shall be performed by the Radiation Safety Centre of State administrative institution State Environmental Service (hereinafter also - Centre).

[12 June 2009]

Section 5. Main Functions of the Radiation Safety Centre of the State Environmental Service

The main functions of the Centre shall be as follows:

1) to prepare proposals regarding policy for the supervision and control of radiation safety and nuclear safety in the State;

2) to perform the supervision and control of radiation safety and nuclear safety;

3) to perform supervision of inspection and use of ionising radiation measuring devices and personal dosimeters, as well as to ensure control;

4) to issue licences for activities with sources of ionising radiation and register any activities with these sources;

5) to compile, analyse and provide information to the Radiation Safety Council regarding the situation in the State in the field of radiation safety, the main users of sources of ionising radiation and the control results;

6) to inform persons who manage work with sources of ionising radiation regarding the regulatory enactments regulating radiation safety and the recommendations for increasing the level of radiation safety;

7) to ensure the identification, research and evaluation of unknown sources of ionising radiation discovered in the State territory or undeclared sources of ionising radiation discovered on the State border, and to organise the disposal thereof, if it is not possible to determine the user or owner of the source of radiation;

8) to promote the introduction of new technologies in order to reduce the potential adverse effects arising from the use of sources of ionising radiation;

9) to co-ordinate technical assistance programmes in the field of radiation safety;

10) to prepare reports for international organisations, Convention and Agreement secretariats and the European Commission regarding matters in the competence of the Centre, to participate in the discussion of these matters at the relevant international organisations;

11) to evaluate the compliance with the requirements and recommendations of international institutions in Latvia and to prepare proposals regarding amendments to the relevant regulatory enactments or regarding the development of new regulatory enactments;

12) in order to increase the level of radiation safety in the State, to organise and co-ordinate the training of such inspectors and work managers whose work is connected with radiation safety, as well as to promote the training of the performers of such work;

13) to create and update databases regarding exposure of persons working with sources of ionising radiation, and exposure of inhabitants;

14) to ensure the registration of sources of ionising radiation, to create and update databases regarding radioactive substances, nuclear materials, radioactive waste and other sources of ionising radiation;

15) to create and maintain a register regarding persons who perform activities with sources of ionising radiation or work in workplaces where there is increased natural radiation;

151) to maintain and update information on the Internet website of the State Environmental Service on sources of ionising radiation and the use thereof, operators and ionising radiation objects of the national significance, complying with the regulation regarding freedom of information;

16) to ensure the 24-hour readiness for early notification of nuclear accidents and to perform the functions of a point of contact in accordance with the Convention on Early Notification of a Nuclear Accident; and

17) to perform the duties of the contact person of the Nuclear Suppliers Group, in order to promote the implementation of the Nuclear Non-proliferation Treaty and the associated treaties thereof.

[20 January 2005; 12 June 2009; 13 October 2011; 29 May 2014 / The new wording of Paragraph four shall come into force on 1 January 2016. See Paragraph six of Transitional Provisions]

Section 6. Rights of the Radiation Safety Centre of the State Environmental Service

(1) The Centre has the right to receive information without delay regarding any emergencies and accidents, which may affect radiation safety and nuclear safety, as well as to request and receive from State institutions, authorities and operators the information regarding radiation safety and nuclear safety necessary for the fulfilment of the functions of the Centre free of charge.

(2) The Centre shall:

1) prohibit to perform activities with sources of ionising radiation if the standards of radiation safety and nuclear safety are being violated; and

2) also suspend such activities which do not require a licence or registration if threats arise to human health and life.

(3) The Centre has the right to co-operate with international organisations in resolving matters of radiation safety.

(4) The administrative provisions issued by the Centre, except for the decisions on issues regarding radiation safety control, and the actual action thereof may be contested at the Environment State Bureau. A decision of the State Environmental Bureau may be appealed to a court. Decisions on issues regarding radiation safety control issued by officials of the Centre may be contested with the Director General of the State Environmental Service. The decision of the Director General of the State Environmental Service may be appealed in court. Contesting or appeal of the administrative provisions issued by the Centre, as well as the decisions issued by officials of the Centre shall not suspend the execution thereof.

[12 June 2009; 29 May 2014 / The new wording of Paragraph two, Clause 2 shall come into force on 1 January 2016. See Paragraph six of Transitional Provisions]

Section 7. Rights of Inspectors of the Radiation Safety Centre of the State Environmental Service

(1) Inspectors of the Centre have the right to inspect places where activities with sources of ionising radiation are performed and to take the necessary amount of samples for the purposes of supervision. The taking of such samples shall not be regarded as causing of losses.

(2) In order to control the implementation of the requirements of this Law and other regulatory enactments in the field of radiation safety and nuclear safety, the inspectors of the Centre have the following rights:

1) to take decisions and provide opinions regarding the situation in the field of radiation safety and nuclear safety;

2) to issue administrative acts to managers and operators whose work is connected with sources of ionising radiation, in order to avoid or prevent violations of the radiation safety and nuclear safety requirements and to increase the level of radiation safety;

3) to prepare reports (acts) regarding the inspection results; and

4) to examine materials regarding violations of the regulatory enactments of radiation safety and nuclear safety and, if necessary, to hold the responsible persons administratively liable or perform other activities provided for in laws and regulatory enactments.

[12 June 2009]

Section 8. Radiation Safety Council

(1) The Radiation Safety Council (hereinafter - Council) is a consultative institution. The by-law of the Council shall be approved by the Cabinet. The Ministry of Environmental Protection and Regional Development shall organise the activities of the Council.

(2) The purpose of the Council activities is to consult State and local government institutions and authorities, as well as other institutions and authorities regarding matters that are connected with radiation safety and nuclear safety, and to promote the co-operation of different institutions in strengthening of radiation safety. Decisions of the Council shall be of a recommendatory nature and the opinions thereof shall be available to any interested person.

(3) Before submitting the relevant proposal to the Ministry of Environmental Protection and Regional Development or other ministries, the Centre shall consult the Council on how to improve radiation safety and nuclear safety in the State.

(4) The personnel of the Council shall be approved by the Minister for Environmental Protection and Regional Development.

[20 January 2005; 16 December 2010; 29 May 2014]

Section 9. Division of Duties Among the Institutions Involved in Inspections

(1) The Ministry of Health and its subordinate institutions shall:

1) ensure mandatory health examinations to persons working with sources of ionising radiation;

2) in co-operation with the Centre, perform control over the technical supervision of devices of ionising radiation used for medical purposes.

(2) The State Border Guard, in co-operation with the State Revenue Service customs authorities, the Food and Veterinary Service, the Centre and other institutions in conformity with the competence thereof shall perform inspections on border crossing points in order to prevent the movement of such goods, luggage, persons and vehicles in which the amount of radioactive substances exceeds the permissible levels, and prohibit the movement of sources of ionising radiation.

(21) The Cabinet shall determine the procedures for performing the radiometric control of goods, luggage, persons and vehicles on the border crossing points, and the requirements for training of the persons engaged in radiometric control in radiation safety matters.

(3) The Centre, in co-operation with authorised institutions of the Ministry of the Interior, shall inspect the provision of physical protection and readiness for potential emergencies in places where activities with sources of ionising radiation are performed.

(4) The Cabinet shall specify requirements in relation to:

1) the physical protection of sources of ionising radiation; and

2) the readiness for radiological emergency and actions in the event of such emergency.

[26 September 2002; 20 January 2005; 29 May 2014 / The new wording of Paragraph two and Paragraph 2.1 shall come into force on 1 May 2015. See Paragraph five of Transitional Provisions]

Section 10. Radiation Monitoring

(1) The Centre shall ensure the operation of radiation monitoring stations and exchange of information in accordance with the requirements of international agreements in the field of radiation safety and nuclear safety.

(2) The Food and Veterinary Service shall organise the control of radioactive contamination of food and animal feed, and shall submit data to the Centre thereof.

(3) The State limited liability company "Latvian Environment, Geology and Meteorology Centre" shall:

1) organise and co-ordinate the monitoring of environmental radiation in conformity with the Environment Monitoring Programme;

2) every year, submit a report to the European Commission regarding the monitoring of environmental radiation and the control of food radioactive contamination.

(4) The State limited liability company "Latvian Environment, Geology and Meteorology Centre", in respect of the performance of the management tasks referred to in Paragraph three of this Section, is under subordination of the Ministry of Environmental Protection and Regional Development.

[13 October 2011]

Chapter III
Licensing and Registration

[29 May 2014 / The new wording of the title of the Chapter shall come into force on 1 January 2016. See Paragraph six of Transitional Provisions]

Section 11. Issuing Licences for Activities with Sources of Ionising Radiation and Registering Activities with Sources of Ionising Radiation

(1) Any activities with sources of ionising radiation are subject to licensing or registration.

To commence and perform activities with such sources, the restrictions laid down in the respective licence or registration decision shall be taken into account.

(2) The Cabinet shall determine:

1) criteria to be complied with in order to commence activities with sources of ionising radiation;

2) the activities with sources of ionising radiation not requiring licensing or registration because it is not possible to influence such activities by human actions, or the potential dose of ionising radiation and the adverse effects of the irradiation are so insignificant that they can be ignored from the radiation safety aspect;

3) the activities with sources of ionising radiation that require registration;

4) the procedures for issuing, suspending and cancelling a licence for activities with sources of ionising radiation;

5) the procedures for registering and suspending activities with sources of ionising radiation, and the procedures for cancelling the registration of such activities.

(3) The activities with sources of ionising radiation that shall be licensed are as follows:

1) the use of sources of ionising radiation not containing radioactive substances for the purposes of non-medical irradiation, if the activities are carried out in various premises without a definite layout (assembly plan), outside buildings or territory of an enterprise;

2) the use of sources of ionising radiation not containing radioactive substances - computed tomography equipment and particle accelerator - for the purposes of non-medical irradiation;

3) the maintenance (technical maintenance), provision of services for verification of technical parameters, installation, repairing, dismantling and disposal of sources of ionising radiation not containing radioactive substances;

4) activities with sources of ionising radiation in medicine;

5) activities with sources of ionising radiation containing radioactive substances or with such sources of ionising radiation which generate radioactive substances resulting from their operation, if their total radioactivity exceeds the limits requiring registration of activities with sources of ionising radiation by more than 103 times.

(4) The Centre shall take a decision to issue the licence or register activities with sources of ionising radiation. In the licence and registration decision, the Centre shall determine the permitted activities and the respective sources of ionising radiation.

(5) A State fee shall be paid for issuing a licence and for registering activities, which is transmitted to the State basic budget. The amount of the State fee and procedures for payment thereof shall be determined by the Cabinet.

[29 May 2014 / The new wording of Section shall come into force on 1 January 2016. See Paragraph six of Transitional Provisions]

Section 12. Procedures for Harmonisation of the Creation of Ionising Radiation Objects of National Significance or the Performance of Essential Changes Therein

(1) If in accordance with the Law On Environmental Impact Assessment, an environmental impact assessment has been performed for the creation of an ionising radiation object of national significance or the performance of essential changes therein, a decision to accept activities shall be taken by the Cabinet by issuing an order for each time. The Centre shall:

1) inform inhabitants that a licence has been requested for the creation of an ionising radiation object of national significance or the performance of essential changes therein, posting the information on the Internet website of the State Environmental Service, and consult the Council regarding the usefulness of the creation of such objects, analyse the potential impact of the planned changes on radiation safety and nuclear safety, and evaluate whether the positive result to be achieved by the operator will exceed the overall negative impact;

2) issue a licence for the creation of an ionising radiation object of national significance or the performance of essential changes therein.

(2) The Cabinet shall determine the procedures for public discussion of the creation of ionising radiation objects of national significance or the performance of essential changes therein.

(3) The Centre shall take a decision to issue a licence for the creation of an ionising radiation object of national significance or the performance of essential changes therein within 60 days following the receipt of a submission.

[20 January 2005; 13 October 2011; 29 May 2014 / The amendments to Paragraph one and the new wording of Paragraph three shall come into force on 1 January 2016. See Paragraph six of Transitional Provisions]

Chapter IV
Duties of Operator and Work Manager when Working with Sources of Ionising Radiation

Section 13. Basic Duties of an Operator

(1) A natural or a legal person, in order to be recognised as an operator and to be eligible to commence activities with sources of ionising radiation, shall appoint a work manager and authorise him or her to prepare and submit an application to the Centre for obtaining a licence or registering activities in accordance with the procedures laid down by the Cabinet. If the Centre issues a licence or registers activities, the natural or legal person becomes an operator. An operator shall be responsible for radiation safety and nuclear safety in the zone controlled by it.

(2) The operator shall ensure that those sources of ionising radiation, which are not necessary for further activities or the safety of which no longer conforms to the requirements specified by regulatory enactments, are rendered harmless.

(3) The operator shall ensure that all persons working in the zone controlled by it are protected against the impact of ionising radiation.

(31) The operator shall ensure the control and registration of the exposure of persons who are performing activities with sources of ionising radiation.

(4) The procedures for control and registration of the exposure of persons shall be determined by the Cabinet, ensuring that information regarding exposure of guest workers could also be used in their country of residence.

(41) For the purpose of keeping of records of exposure of persons referred to Paragraph three of this Section, the State limited liability company "Latvian Environment, Geology and Meteorology Centre" shall perform individual dosimetric measuring with personal thermoluminescent dosimeters for a fee. The Cabinet shall approve the price list for paid services related to performing individual dosimetric measuring.

(5) In order to protect the persons referred to in Paragraph three of this Section against ionising radiation, the operator shall provide them with personal and collective means of protection.

(6) Each year by 31 January, the operator shall send information to the Centre regarding changes that are connected with sources of ionising radiation and activities involving them, as well as regarding changes to personnel and other changes which have affected radiation safety and nuclear safety in the previous calendar year.

(7) [29 May 2014]

(8) The Cabinet shall determine the procedures for filling out and submitting a report regarding activities with sources of ionising radiation, as well as shall approve a sample form for this report.

[20 January 2005; 13 October 2011; 29 May 2014 / The new wording of Paragraph one and Paragraph eight shall come into force on 1 January 2016. See Paragraph six of Transitional Provisions]

Section 14. Basic Duties of a Work Manager

(1) Work with sources of ionising radiation shall be managed by a work manager authorised by the operator. The minimum qualification requirements for a work manager shall be determined by the Cabinet.

(2) A work manager shall:

1) ensure the keeping of records of radioactive substances, nuclear materials and other sources of ionising radiation;

2) perform safety measures in order to protect people and the environment from the adverse effects of ionising radiation and to prevent emergencies with nuclear installations and other radiation emergencies;

3) inform the operator and the Centre without delay regarding any emergencies and accidents that may affect radiation safety and nuclear safety;

4) ensure that all radioactive waste is collected, isolated, stored, processed and, if necessary, disposed of, without posing a risk to people and the environment;

5) ensure that persons who perform activities with sources of ionising radiation are sufficiently trained in the performance of protective measures, have sufficient knowledge of the conditions and requirements of laws and regulations, and also are informed regarding the potential risks connected with this work;

6) in accordance with the requirements of radiation safety, monitor and maintain measuring instruments and protective means against ionising radiation in workplaces and in other areas affected by sources of ionising radiation in an appropriate condition and perform the relevant accounting and keeping of records; and

7) ensure that only such persons work with sources of ionising radiation who are allowed to work with them after the mandatory health examination.

[29 May 2014 / The new wording of Paragraph one shall come into force on 1 January 2016. See Paragraph six of Transitional Provisions]

Section 15. Provision of Information

(1) An operator and a work manager shall be responsible that the Centre, as well as employees of other State and local government institutions, the competence of which includes matters of radiation safety and nuclear safety, receive information regarding measures of radiation safety and nuclear safety in the relevant object.

(2) A nuclear installation, radioactive waste disposal facility or radioactive waste management facility operator shall, by 31 January each year, notify the local government on the territory of which the relevant facility is located regarding the changes introduced in the facility in respect of radiation safety and nuclear safety, and also regarding the results of monitoring and the planned measures. The operator shall also post this information on its Internet website.

(3) [29 May 2014]

[29 May 2014]

Section 16. Information regarding Accidents

(1) A work manager shall, without delay, report to the operator, the Centre and the State Fire-fighting and Rescue Service regarding all emergencies and accidents that have occurred when performing activities in an ionising radiation object of national significance.

(2) If a person working with a source of ionising radiation has been harmed due to an emergency or other accident, he or she shall immediately report this to the work manager or the operator. The work manager shall, without delay, report the fact to the Centre and the State Labour Inspection.

[29 May 2014]

Chapter V
Requirements for Persons when Working with Sources of Ionising Radiation

[29 May 2014]

Section 17. Basic Duties of Persons Working with Sources of Ionising Radiation

(1) If the doses of ionising radiation may exceed any of the dose limits laid down by the Cabinet in relation to inhabitants, the work with sources of ionising radiation may only be performed by specially trained persons who have reached the age of 18 years and:

1) who have been instructed regarding the adverse affects of ionising radiation;

2) who do not have medical contra-indications specified by the Cabinet for work with sources of ionising radiation; and

3) who are allowed to work with sources of ionising radiation in accordance with the results of the mandatory health examination.

(2) Persons who work with sources of ionising radiation:

1) have a duty to use control and safety means and perform all measures in order to protect himself or herself, other people and the environment from the adverse affects of ionising radiation, perform the necessary measurements and register them;

2) is prohibited to perform activities with sources of ionising radiation if all possible measures have not been performed to avoid emergency situations, which might cause additional exposure or pollution of the environment;

3) have a duty to take health examinations in conformity with laws and regulations regarding the procedures for performing the mandatory health examination.

(3) If the state of health of persons working with sources of ionising radiation deteriorates and it is possibly connected with the effects of ionising radiation, the duty of this person is to:

1) inform the work manager of this fact without delay; and

2) suspend the fulfilment of work connected with ionising radiation and perform an extraordinary health examination.

(4) The provision of Paragraph two, Clause 3 of this Section shall also apply to persons who are not obliged to take the mandatory health examination in accordance with the provisions of the Labour Protection Law.

(5) An educational institution shall ensure the mandatory health examination to students and apprentices.

(6) The costs of mandatory health examinations for students and apprentices shall be covered by the educational institution, whereas with respect to other workers in the cases when the provisions of the Labour Protection Law concerning mandatory health examinations are not applicable, the costs shall be covered by the person himself or herself.

[29 May 2014]

Section 18. Employment of Minors, Pregnant Women and Breastfeeding Mothers

(1) Persons aged from 16 to 18 years may only be involved in activities with sources of ionising radiation for the purposes of teaching, and the effective dose of ionising radiation for these apprentices or students shall not exceed 6 millisievert per year.

(2) Pregnant women shall not be employed in work connected with ionising radiation throughout the period of their pregnancy. After a person has informed the operator regarding pregnancy, the pregnant woman shall be transferred to work which is not connected with ionising radiation, unless the operator is able to ensure such working conditions where the exposure dose which may be absorbed by the embryo throughout the period of pregnancy does not exceed the effective dose limit laid down in relation to inhabitants - 1 millisievert, thus ensuring the prevention of the adverse effects of ionising radiation to safety and health of the pregnant woman.

(3) It is prohibited to involve breastfeeding mothers in work which is connected with open sources of radiation.

[29 May 2014]

Section 19. Partially Dangerous Activities

If a person who does not work with sources of ionising radiation needs to be in the area controlled by an operator, the work manager has a duty to ensure that the total dose of ionising radiation of this person does not exceed the dose limit specified in relation to the population - 1 millisievert per year. If this requirement cannot be fulfilled, the work manager may allow the performance of the work only to such persons who have the right to work with sources of ionising radiation.

[29 May 2014]

Section 20. Protection of Visitors

[29 May 2014]

Chapter VI
Radiation Safety Means and Measures

Section 21. Additional Inspections

Any natural person or legal person has the right to request that the Centre additionally inspects the situation of radiation safety and nuclear safety in any area controlled by an operator. The costs of sample-taking and research shall be covered by the requester of the additional inspections.

Section 22. Physical Protection of Sources of Ionising Radiation

(1) The physical protection of sources of ionising radiation shall be ensured by an operator in accordance with the procedures specified by regulatory enactments.

(2) The Security Police shall co-ordinate measures for the recovery of nuclear materials and the necessary activities in case of an unauthorised relocation, use or transformation of nuclear materials, or in case if justified threats that unauthorised activities with nuclear materials will be performed have arisen.

(3) The Centre and the Security Police shall perform the control of the physical protection of sources of ionising radiation.

Section 23. Provisions for the Packaging, Labelling and Delivery of Sources of Ionising Radiation

(1) An operator which manufactures, imports, exports or leases radioactive substances or other sources of ionising radiation shall:

1) be responsible for the durability and safety of the packaging of radioactive substances or sources of ionising radiation;

2) ensure that a radiation warning sign is present on the container, body and packaging of a source of ionising radiation and a description in Latvian regarding the content thereof (especially information that is necessary for the protection against ionising radiation). If this information is in a foreign language, translation in Latvian shall be attached thereto;

3) ensure that two copies of the safety data sheets are attached to the accompanying documents of sources of ionising radiation, one of which should be sent with the consignment and the other - by post. The content of the safety data sheets shall be determined in accordance with the requirements of Section 24 of this Law; and

4) ensure that a source of ionising radiation is delivered in a set with the necessary equipment which protects workers, the population and the environment from the adverse effects of ionising radiation.

(2) The procedures for packaging and labelling of radioactive substances and sources of ionising radiation shall be determined by the Cabinet.

[20 January 2005; 29 May 2014]

Section 24. Content of Safety Data Sheet

(1) The Cabinet shall approve a sample of the safety data sheet and determine the procedures for the completion and sending of the safety data sheet.

(2) Information corresponding to the radioactive substance or source of ionising radiation shall be included in the safety data sheet:

1) identification of the radioactive substance or source of ionising radiation and information regarding the manufacturer, importer or other person who delivers the radioactive substance or source of ionising radiation;

2) a characterisation of the hazard of the radioactive substance or source of ionising radiation;

3) a description of the first aid measures;

4) a description of measures to be performed in case of an emergency;

5) requirements for storage and use;

6) requirements for work safety measures;

7) requirements for safe transportation;

8) information regarding the main regulatory enactments governing activities with the relevant radioactive substance or source of ionising radiation; and

9) other information significant from the point of view of safety and the protection of the life and health of people or the environment.

Section 25. Installation and Repair of Sources of Ionising Radiation

An operator who installs or repairs equipment that is connected with sources of ionising radiation may only install them if protective equipment is ensured and other measures have been taken for the protection against ionising radiation, as well as labour protection rules are complied with.

[20 January 2005; 29 May 2014]

Section 26. Procedures for the Registration and Control of Nuclear Materials

The procedures for the performance of activities with nuclear materials, materials and equipment associated therewith, as well as the procedures for the maintenance of the registration and control system of nuclear materials shall be determined by the Cabinet.

Chapter VII
Radioactive Waste and Non-usable Sources of Ionising Radiation

Section 27. Radioactive Waste

(1) Importation of radioactive waste from other countries into the Republic of Latvia shall not be permissible, except in cases when:

1) the radioactive waste that has been created by processing the radioactive waste exported from the Republic of Latvia is re-imported; or

2) it is not possible to separate the radioactive waste that has been created in foreign countries during processing of the radioactive waste, which has been imported from the Republic of Latvia; in such case the equivalent amount of other radioactive waste shall be imported.

(11) It is permitted to dispose of radioactive waste outside the territory of the Republic of Latvia only if the Republic of Latvia, prior to moving it, has made an agreement with a European Union Member State or a third country in respect of using a radioactive waste disposal facility in another European Union Member State or a third country.

(12) The Cabinet, upon a proposal of the Ministry of Environmental Protection and Regional Development, shall take a decision to dispose of the radioactive waste located in the Republic of Latvia in a radioactive waste disposal facility of another European Union Member State or a third country.

(13) Prior to shipping the radioactive waste to be disposed of in a third country, the Ministry of Environmental Protection and Regional Development shall notify the European Commission regarding the agreement between the Republic of Latvia and the third country.

(14) The Cabinet shall take a decision to dispose of radioactive waste in a third country provided that the proposal submitted by the Ministry of Environmental Protection and Regional Development meets the following conditions:

1) the third country has entered into an agreement with the European Union, and this agreement covers radioactive waste management, or this third country is a Contracting Party of the Joint Convention on the Safety of Spent Fuel Management and on the Safety of Radioactive Waste Management;

2) the third country has radioactive waste management and disposal programmes in place, aiming at high safety level, and this safety level is not inferior to that laid down in this Law and other legal acts regarding the levels for radioactive waste management;

3) the radioactive waste disposal facility of the third country is permitted to dispose of radioactive waste shipped to it, this facility is in operation prior to the shipment, and it is managed in accordance with the provisions of radioactive waste management and disposal programmes of the third country.

(2) Prior to issuing a licence or registering activities for the commencement of such activities that may result in generation of radioactive waste, the Centre shall request information from the operator regarding the expected amount of radioactive waste and measures that will be performed with this radioactive waste.

(21) An operator whose activities with sources of ionising radiation generate radioactive waste shall be responsible for:

1) the selection of such designing activities, operations and techniques of disposal (including recycling and re-use) which ensure that the volume of radioactive waste and radioactivity level are as low as practically possible;

2) covering the radioactive waste management costs.

(3) The requirements for activities with radioactive waste and the materials associated thereto shall be determined by the Cabinet.

(4) The Cabinet shall approve the criteria and principles for the determination of the equivalence different radioactive waste.

(5) If such radioactive substances are imported into the Republic of Latvia, following the use of which radioactive waste is created which need to be disposed of in Latvia, the natural resources tax shall be paid for the importation of these substances.

[29 May 2014 / Amendments to Paragraph two shall come into force on 1 January 2016. See Paragraph six of Transitional Provisions]

Section 27.1 Spent Nuclear Fuel

(1) Spent nuclear fuel may be processed as an eligible resource or intended for complete disposal without the further use thereof and treated as radioactive waste. The use of spent nuclear fuel shall not be permissible in the Republic of Latvia.

(2) Importation of spent nuclear fuel into the Republic of Latvia from other countries shall not be permissible.

[25 September 2008]

Section 28. Termination of the Use of Ionising Radiation Equipment not Containing Radioactive Substances

(1) If equipment is in the ownership or possession of an operator, which is capable of generating ionising radiation but does not contain radioactive substances and is not needed for further activities or if also the safety thereof no longer conforms with the requirements specified by the Republic of Latvia, the operator shall render this equipment harmless and inform the Centre thereof.

(2) The Cabinet shall determine the procedures for the liquidation of ionising radiation equipment which does not contain radioactive substances.

Chapter VIII
Liability for Violations

Section 29. Compensation of Losses and Nuclear Damages

(1) An operator who has violated the requirements specified in regulatory enactments shall compensate any person injured for the losses caused to the health and property of the person, as well as the environment as a result of activities connected with sources of ionising radiation. The operator has the right to raise a subrogation action against a person who is guilty of causing losses.

(2) If, when performing activities with sources of ionising radiation, the environment, buildings, equipment or vehicles have been polluted, an operator shall ensure the decontamination of the environment, buildings, equipment and vehicles so that the pollution would no longer pose a threat to the environment, the life, health or property of workers and inhabitants, the life and health of animals, as well as shall cover all the expenditure necessary for sample-taking and research.

(3) An operator shall not compensate losses if they have been caused due to force majeure, with the intent of the injured person himself or herself, or due to his or her gross negligence. It shall not apply to cases which, in accordance with regulatory enactments, should have been foreseen by the operator, in order to perform the appropriate protective measures.

(4) An operator has an obligation to have a third-party liability insurance coverage in respect of any damages incurred to life or health of third parties, losses of property of third parties or damages to the environment due to action or inaction of the operator. The Cabinet shall determine which activities with sources of ionising radiation require third-party liability insurance coverage, and the minimum amount of the third-party liability insurance.

[19 September 2013; 29 May 2014 / The new wording of Paragraph four shall come into force on 1 January 2016. See Paragraph six of Transitional Provisions]

Section 30. Requirements for the Management of Unlawfully Used Sources of Ionising Radiation

(1) The sources of ionising radiation that are being used while infringing the requirements of this Law and other laws and regulations, together with protective equipment that is directly connected with sources of ionising radiation, shall be transferred by the operator to an operator of radioactive waste disposal facility or radioactive waste management facility, ensuring that people and the environment are not at endangered.

(2) Sources of ionising radiation the user or owner of which is not known shall be transferred to an operator of radioactive waste disposal facility by the authority that discovered such sources of ionising radiation, by complying with the requirements of radiation safety.

[29 May 2014]

Transitional Provisions

1. Cabinet Regulation issued in accordance with Sections 4, 6, 7, 9, 23, 25 and 27 of the Law On Radiation Safety and Nuclear Safety (Latvijas Republikas Saeimas un Ministru Kabineta Ziņotājs, 1995, No. 3; 1997, No 11) shall be in force until the date when new Cabinet Regulation comes into force, however not longer than 12 months after coming into force of this Law.

2. Within 12 months after coming into force of this Law, the Cabinet shall issue regulations that are necessary for implementation of the norms specified in Section 1, Section 3, Paragraphs one and three, Section 4, Paragraph three, Section 8, Paragraphs one and four, Section 9, Paragraphs two and four, Section 11, Paragraph two, Section 12, Paragraphs one and two, Section 13, Paragraph four, Section 17, Paragraph one, Section 23, Paragraph two, Section 24, Paragraph one, Section 26, Section 27, Paragraphs three and four, Section 28, Paragraph two and Section 29, Paragraph four of this Law.

2.1 Until the date of coming into force of new Cabinet Regulations, but not later than by 1 April 2005, Cabinet Regulation No. 260 of 25 June 2002, Procedures for Performance of Radiometric Control of Goods and Vehicles on the State Border and Uncovering of Non-declared Sources of Ionising Radiation, shall be applicable, insofar as they are not in contradiction with this Law.

[20 January 2005]

2.2 By 1 March 2009 the Cabinet shall issue the regulations referred to in Section 11, Paragraph five of this Law. Until the date of the coming into force of these Regulations, but not later than by 1 March 2009, Cabinet Regulation No. 289 of 3 July 2001, Regulations Regarding State Fees for Issuance of Special Permits (Licences) or Permits for Activities with Sources of Ionising Radiation, shall be applicable.

[25 September 2008]

2.3 The cabinet shall by 1 January 2012 issue the regulations referred to in Section 13, Paragraph 4.1 of this Law.

[13 October 2011]

3. The special permits (licences) and permits issued before the date of coming into force of this Law shall be valid until the end of the expiry date specified therein.

4. With the coming into force of this Law, the Law On Radiation Safety and Nuclear Safety (Latvijas Republikas Saeimas un Ministru Kabineta Ziņotājs, 1995, No.3; 1997, No.11) is repealed.

5. The new wording of Section 9, Paragraph two and Paragraph 2.1 of this Law shall come into force on 1 May 2015.

[29 May 2014]

6. The new wording of Section 1, Clauses 6 and 10, Section 3, Paragraph one, Clause 5, Section 5, Clause 4, Section 6, Paragraph two, Clause 2, the title of Chapter III, Section 11, Section 12, Paragraph three, Section 13, Paragraph one and Paragraph eight of this Law, the new wording of Section 14, Paragraph one, Section 29, Paragraph four, and amendments to Section 12, Paragraph one, Clauses 1 and 2 and Section 27, Paragraph two of this Law shall come into force on 1 January 2016.

[29 May 2014]

7. Special permits (licences) and permits for activities with sources of ionising radiation issued until 31 December 2015 shall remain valid until the time period indicated therein.

[29 May 2014]

8. Until the day of coming into force of a new law governing radiation safety and nuclear safety, the term "person" (working with sources of ionising radiation), shall have the meaning "worker" (a person exposed to ionising radiation when performing activities with sources of ionising radiation at the work place, and, as a result, potentially may receive a dose of ionising radiation that exceeds any of the dose limits for inhabitants laid down in the laws and regulations regarding protection against ionising radiation) when used in the laws and regulations issued based on this Law.

[29 May 2014]

Informative Reference to Directives of the European Union

[20 January 2005; 25 September 2008; 13 October 2011; 29 May 2014]

This Law contains legal norms arising from:

1) Council Directive 89/618/Euratom of 27 November 1989 on informing the general public about health protection measures to be applied and steps to be taken in the event of a radiological emergency;

2) Council Directive 90/641/Euratom of 4 December 1990 on the operational protection of outside workers exposed to the risk of ionizing radiation during their activities in controlled areas;

3) [25 September 2008];

4) Council Directive 96/29/Euratom of 13 May 1996 laying down basic safety standards for the protection of the health of workers and the general public against the dangers arising from ionizing radiation;

5) Council Directive 97/43/Euratom of 30 June 1997 on health protection of individuals against the dangers of ionizing radiation in relation to medical exposure, and repealing Directive 84/466/Euratom;

6) Directive 2003/4/EC of the European Parliament and of the Council of 28 January 2003 on public access to environmental information and repealing Council Directive 90/313/EEC;

7) Council Directive 2003/122/Euratom of 22 December 2003 on the control of high-activity sealed radioactive sources and orphan sources; and

8) Council Directive 2006/117/Euratom of 20 November 2006 on the supervision and control of shipments of radioactive waste and spent fuel.

9) Council Directive 2009/71/Euratom of 25 June 2009, establishing a Community framework for the nuclear safety of nuclear installations;

10) Council Directive 2011/70/Euratom of 19 July 2011, establishing a Community framework for the responsible and safe management of spent fuel and radioactive waste.

This Law was adopted by the Saeima on 26 October 2000.

President V. Vīķe-Freiberga

Riga, 7 November 2000

 


1 The Parliament of the Republic of Latvia

Translation © 2017 Valsts valodas centrs (State Language Centre)

 
Document information
Status:
In force
in force
Issuer: Saeima Type: law Adoption: 26.10.2000.Entry into force: 21.11.2000.Theme:  Environmental rights; State security and protectionPublication: Latvijas Vēstnesis, 394/395, 07.11.2000.; Latvijas Republikas Saeimas un Ministru Kabineta Ziņotājs, 22, 23.11.2000.
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