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Text consolidated by Valsts valodas centrs (State Language Centre) with amending regulations of:

9 March 2010 [shall come into force on 13 March 2010].

If a whole or part of a paragraph has been amended, the date of the amending regulation appears in square brackets at the end of the paragraph. If a whole paragraph or sub-paragraph has been deleted, the date of the deletion appears in square brackets beside the deleted paragraph or sub-paragraph.


Republic of Latvia

Cabinet
Regulation No. 290
Adopted 18 April 2006

Procedures for Requesting Forced Landing of an Aircraft in the Interests of Public Order and Security and for Taking Decision To Perform Combat Operations Against an Aircraft in the Territory of the Republic of Latvia

Issued pursuant to
Section 49, Paragraph two and Section 491,
Paragraph three of the Law On Aviation

1. This Regulation prescribes the procedures for requesting forced landing of an aircraft in the interests of public order and security and procedures for taking decision to perform combat operations against the aircraft in the territory of the Republic of Latvia in the case of extreme necessity, in order to prevent harm to the national security interests and if there are grounds to consider that the aircraft is being used as a weapon for destruction of persons.

2. This Regulation shall not prejudice the rights of the North Atlantic Treaty Organisation (NATO), that have been laid down in Section 21.2of the Law On the State Border of the Republic of Latvia and international treaties binding on the Republic of Latvia.

3. The operations referred to in Paragraphs 4, 5, 6, 7 and 8 of this Regulation shall be performed, if public order and security is endangered. The authorities involved in the performance of the relevant operations shall evaluate whether such threats exist. Each of the following conditions shall be evaluated:

3.1. reliable information is received that an aircraft may be used as a weapon;

3.2. the aircraft has set a code A 7500 (hijack), A 7600 (radio failure) or A 7700 (emergency) of the International Civil Aviation Organisation (ICAO) or has not set a code granted by the air traffic controller of Latvia;

3.3. an aircraft has arbitrary deviated from the route or trajectory laid down in the flight plan and intended in the ICAO standards;

3.4. the aircraft crew fails to meet the instructions of the air traffic controller of Latvia or instructions of the pilot of a military aircraft;

3.5. significant deviations from aviation parameters laid down for a particular type of aircraft have been noticed;

3.6. interruption in radio communications with the aircraft has been detected;

3.7. unsanctioned change of secondary radar code or change of other identification parameters has occurred;

3.8. the aircraft crew uses non-standard phraseology or other hidden attempt to attract attention to the situation is noticed;

3.9. the transmitter of the aircraft is in a transmission mode continuously;

3.10. information not relating to the aircraft control is transmitted from the aircraft;

3.11. it is determined that unknown or non-identified aircraft is flying in the airspace of the Republic of Latvia;

3.12. the aircraft is arbitrary approaching prohibited, restricted or dangerous zone or has flown therein;

3.13. operations of the aircraft non-conforming to the aircraft of the particular type on the platform, access road or track.

4. If the State joint stock company "Latvijas gaisa satiksme" detects that public order and security are endangered, it shall immediately inform the Air Operations Centre of the Air Force (hereinafter - the Centre). If threat to public order and security is detected by the Centre, it shall inform the State joint stock company "Latvijas gaisa satiksme" accordingly.

5. After detection of the treat to public order and security, the following actions shall be carried out as much as possible:

5.1. the control service of the State joint stock company "Latvijas gaisa satiksme" shall carry out all necessary actions in order to identity the suspected aircraft and give instructions to it;

5.2. the Centre shall evaluate the necessity to carry out the following actions:

5.2.1. visual identification of the suspected aircraft;

5.2.2. interception of the suspected aircraft, diversion to the planned route or accompanying thereof in order to carry out emergency landing or diversion in order to prevent presence of the suspected aircraft in the airspace of the Republic of Latvia or approaching thereof, or flying in the prohibited, restricted or dangerous zone of the airspace of the Republic of Latvia.

6. By carrying out the actions abovementioned in Sub-paragraph 5.2 of this Regulation the Centre shall inform the Minister for Defence and the Joint Operations Centre of the National Armed Forces.

7. If the actions abovementioned in Paragraph 5 of this Regulation have not given a successful result or performance thereof is not reasonable, the Minister for Defence shall take a decision to perform forced landing of the suspected aircraft.

8. If the decision abovementioned in Paragraph 7 of this Regulation regarding forced landing of the suspected aircraft has not given a successful result or performance thereof is not reasonable, the Minister for Defence shall take a decision to perform warning shot.

9. If the warning abovementioned in Paragraph 8 of this Regulation has not given a successful result or performance thereof is not reasonable, the Minister for Defence shall take a decision to perform combat operations against the suspected aircraft. The referred to decision shall be taken in the case of extreme necessity, in order to prevent harm to the national security interests and if there are grounds to consider that the aircraft is being used as a weapon for destruction of persons.

10. If the Minister for Defence is hindered to perform his duties, the decisions abovementioned in Paragraphs 7, 8 and 9 of this Regulation shall be taken by the Prime Minister.

11. The Air Force shall implement the abovementioned in Sub-paragraph 5.2 and Paragraphs 7, 8 and 9 of this Regulation, if it is not otherwise provided for in the international treaties binding on the Republic of Latvia.

12. The action of the Ministry of Defence, the Ministry of Foreign Affairs, the State agency "Civil Aviation Agency", the Security Police, the Ministry of Interior, the State Emergency Medical Centre, the Military Intelligence and Security Service, the National armed Forces, the Ministry of Transport, the Constitution Protection Bureau, the State Police, the State Border Guard, and also the State Fire-Fighting and Rescue Service in the implementation of the activities laid down in this Regulation shall be determined by the Cabinet instructions.

[9 March 2010]

13. If the decision abovementioned in Paragraph 9 of this Regulation is taken, after performance of combat operations against the aircraft in the territory of the Republic of Latvia the Cabinet shall inform the Council of the International Civil Aviation Organisation and the United Nations Security Council thereon.

14. Expenditure incurred for the Republic of Latvia in relation to the implementation of the decisions abovementioned in this Regulation shall be covered by a person or persons due to unlawful action of which the abovementioned decisions have been implemented.

15. The Cabinet Regulation No. 300 of 3 May 2005, Procedures for Taking Decision To Perform Combat Operations Against an Aircraft in the Territory of the Republic of Latvia (Latvijas Vēstnesis, 2005, No. 70).

Prime Minister A.Kalvītis

Minister for Defence A. Slakteris

 


Translation © 2015 Valsts valodas centrs (State Language Centre)

 
Document information
Title: Kārtība, kādā sabiedriskās kārtības un drošības interesēs var pieprasīt gaisa kuģa piespiedu .. Status:
In force
in force
Issuer: Cabinet of Ministers Type: regulation Document number: 290Adoption: 18.04.2006.Entry into force: 22.04.2006.Publication: Latvijas Vēstnesis, 64, 21.04.2006.
Language:
LVEN
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