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

1 March 2011 (No. 160).

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. 1060

Adopted 15 September 2009

Regulations Regarding the Handling and Control of Dangerous and Polluting Cargoes in Ports

Issued pursuant to
Section 38, Paragraph four of the
Maritime Safety and Maritime Administration Law

I. General Provisions

1. This Regulation prescribes the requirements to be observed in relation to the handling of dangerous and polluting cargoes in ports, as well as the control of the compliance with the referred to requirements.

2. The following terms are used in this Regulation:

2.1. dangerous cargoes mean:

2.1.1. cargoes, which have been classified in Hazard Class 1-9 of the International Maritime Dangerous Goods Code (hereinafter - IMDG Code) (Annex 1);

2.1.2. liquid cargoes listed in Chapter 17 of the International Code for the construction and equipment of ships carrying dangerous chemicals in bulk (hereinafter - the IBC Code);

2.1.3. solid substances listed in the International Maritime Solid Bulk Cargoes Code (hereinafter - the IMSBC Code) as cargoes possessing chemical hazard, which might cause dangerous situation on a ship (materials, which may present danger only if they are carried in solid bulk form (MHBS), including waste (Group B));

2.1.4. liquefied gas cargoes listed in Chapter 19 of the International Code for the construction and equipment of ships carrying liquefied gases in bulk (hereinafter - the IGC Code) as liquid cargoes;

2.1.5. cargoes listed in Paragraph 1.1.3 of the IBC Code or Paragraph 1.1.6 of the IGC Code;

2.2. polluting cargoes mean:

2.2.1. oil products defined in Annex I to the International Convention for the Prevention of Pollution from Ships, of 1973 and the 1978 Protocol thereto (hereinafter - the MARPOL Convention);

2.2.2. noxious liquid substances defined in Annex II to the MARPOL Convention;

2.2.3. harmful substances defined in Annex III to the MARPOL Convention;

2.3. noxious liquid substance - any substance identified as a polluting substance of Category X, Y or Z (in accordance with Annex II to the MARPOL Convention) and included in Chapter 17, Column C or Chapter 18 of the IBC Code;

2.4. hazardous chemical substance - any liquid chemical substance identified as creating hazard and included in Chapter 17, Column D of the IBC Code with an indication S or S/P;

2.5. materials hazardous only in bulk (MHBS) - materials possessing chemical hazard only if they are carried in bulk - others than materials classified as dangerous goods in the IMDG Code;

2.6. cargo transport unit - a road freight vehicle, a railway freight wagon, a freight container, a road tank vehicle, a railway tank wagon, a portable tank or a tank container;

2.7. handling of dangerous and polluting cargoes - loading or unloading operations with dangerous and polluting cargoes on ships, cargo transport units or other vehicles, transfer thereof in a warehouse, in the territory of a terminal or on a ship, including entrance or exit of such cargoes, temporary storage thereof in the port territory in order to continue reloading thereof from one vehicle to another;

2.8. stowage of cargoes - stowage of bales, bundles, freight containers, tank containers, portable tanks, vehicles, other cargo transport units and bulk cargo on a ship or in warehouses, sheds, hangars or other places in a port;

2.9. consignor - any natural person or legal person, which has entered into a contract with a carrier of the cargo regarding the carriage of dangerous and polluting cargoes or on the behalf of which such contract has been entered into;

2.10. [1 March 2011];

2.11. [1 March 2011].

[1 March 2011]

3. This Regulation shall not apply to warships and ships, on which the dangerous and polluting cargo is part of the equipment and supply thereof.

II. Responsibility and Duties

4. A port authority shall perform the control of the compliance with this Regulation in the territory of the relevant port. The port authority shall appoint an inspector (hereinafter - port inspector), which has good knowledge of national and international requirements in relation to the handling of dangerous and polluting cargoes in ports and the qualification of which is attested by a certificate confirming the competence with respect to the acquisition of the requirements specified in the MARPOL Convention, the International Convention for the Safety of Life and Sea of 1974, and the Protocols of 1978 and 1988 thereof (hereinafter - the SOLAS Convention), and the codes binding thereto (IBC, IMDG, IMSBC, IGC), as well as in the International Safety Guide for Oil Tankers and Terminals (hereinafter - ISGOTT) of the Oil Companies International Marine Forum (OCIMF), the Liquefied Gas Handling Principles on Ships and in Terminals (hereinafter - SIGTTO Guidelines) of the Society of International Gas Tanker and Terminal Operators (hereinafter - SIGTTO) and Recommendations on the Safe Transport of Dangerous Cargoes and Related Activities in Port Areas (hereinafter - IMO Recommendations) of the International Maritime Organisation (hereinafter - IMO). The port authority shall ensure training of the port inspector, as well as renewal of his or her certificate of competence at least once every two years.

4.1 A port merchant, which performs loading or unloading operations of dangerous and polluting cargoes in a ship or from a ship, shall, once a quarter, submit a report on the handling of dangerous and polluting cargoes (Annex 5) to the State joint stock company "Latvian Maritime Administration" (hereinafter - Latvian Maritime Administration).

[1 March 2011]

5. A port inspector shall:

5.1. inspect the handling of dangerous and polluting cargoes in the territory of a port merchant at least once in every four months in accordance with the requirements referred to in Chapter VI of this Regulation;

5.2. [1 March 2011];

5.3. once every four months submit to the Latvian Maritime Administration a report on the inspections performed, the deficiencies detected, their elimination or recommendations for elimination of deficiencies in ship-to-shore interface (interface, which takes place when ships directly and immediately affect activities that include the movement of persons or goods or the provision of services from a ship or to a ship).

[1 March 2011]

6. The Latvian Maritime Administration shall perform monitoring in relation to the compliance with this Regulation in ports in ship-to-shore interface, as well as inspections on ships in accordance with the requirements referred to in Chapter VIII of this Regulation.

[1 March 2011]

7. A port merchant, which is involved in the handling of dangerous and polluting cargoes, shall be responsible for the safety thereof and the compliance with this Regulation, as well as for the safety and health protection of the employees involved in the handling of cargoes. The port merchant shall appoint a person responsible for cargo operations involving dangerous and polluting cargoes.

8. In fulfilling the duties referred to in this Chapter, the Latvian Maritime Administration together with port authorities has the right:

8.1. to invite an independent institution or expert;

8.2. to request the documents referred to in this Regulation from the port merchant and from the cargo holder or local representative thereof; and

8.3. to request the elimination of deficiencies (also to discontinue cargo operations until the elimination of deficiencies) if the requirements referred to in this Regulation are not complied with, including if a ship, a cargo transport unit or a packaging does not conform to the requirements for transportation of dangerous and polluting cargoes or the requested documents are not submitted, or other deficiencies are detected.

III. General Safety Requirements

9. Employees of a port merchant, which are involved in the handling of dangerous and polluting cargoes, shall be trained according to the specificity of the handling of dangerous and polluting cargoes in the particular terminal, as well as according to the specificity of their work and shall have a certificate confirming the competence with respect to the acquisition of the requirements specified in the MARPOL Convention and the SOLAS Convention and the codes binding thereto (IBC, IMDG, IMSBC, IGC), the ISGOTT, the SIGTTO Guidelines, as well as the IMO Recommendations. The port merchant shall ensure training of its employees who are involved in the handling of dangerous and polluting cargoes, as well as renewal of their certificate of competence at least once every two years.

10. If spill of dangerous and polluting substances has occurred during the performance of cargo operations, they shall be discontinued without delay and the master of the ship shall inform the operator of the berth or terminal without delay, which will take further actions according to the operational plan for unforeseen cases of pollution in a port, berth, group of berths, terminal of oil or chemical substances.

[1 March 2011]

11. The master of the ship shall ensure that the following would be ensured on a ship, which is involved in cargo operations with dangerous and polluting cargoes:

11.1. equipment pursuant to the requirements referred to in Appendix 14 "List of Medicines and Equipment" of the instructions of the IMO, the International Health Organisation (IHO) and the International Labour Organisation "Medical First Aid Guide for Use in Accidents Involving Dangerous Goods) (hereinafter - MFAG);

11.2. specific additional equipment if special cargoes are carried, to which such equipment is provided for in the instructions "Emergency Response Procedures for Ships Carrying Dangerous Goods" (hereinafter - EmS) of the IMDG Code.

12. The requirements referred to in this Regulation shall not restrict the application of additional requirements in accordance with the provisions of the relevant port.

IV. Transport Documents of Dangerous and Polluting Cargoes and Ship Cargo Documents

13. Before the entrance of dangerous and polluting (packaged) cargoes in ports, the consignor shall submit to the carrier of cargo and to the port merchant transport documents of dangerous and polluting cargoes, which contain information regarding the firm name and address of the consignor of the dangerous and polluting cargo, an indication regarding the consignee, as well as other information in accordance with the requirements referred to in Chapter 5.4.1 "Dangerous Goods Transport Documents" and Chapter 5.4.2 "Container/Vehicle Packing Certificate" of the IMDG Code.

14. The following ship cargo documents, which conform to the requirements referred to in Annex III to the MARPOL Convention, Chapter VII of the SOLAS Convention and Chapter 5.4 "Documents" of the IMDG Code binding thereto, shall be present on a ship carrying packed dangerous and polluting cargoes:

14.1. manifest of dangerous cargoes (hereinafter - manifest), which conforms to the sample specified in the Convention on Facilitation of International Maritime Traffic of 1965 (Annex 2) or is equivalent thereto, or a detailed cargo plan, or a special list in accordance with the requirements referred to in Chapter VII, Part A, Regulation 4 "Documents" and Chapter VII, Part A-I, Regulation 7-2 "Documents" of the SOLAS Convention, Regulation 4 "Documents" of Annex III to the MARPOL Convention and Chapter 5.4 "Documents" of the IMDG Code;

14.2. a declaration of dangerous cargoes;

14.3. information regarding actions in a situation if an accident has occurred;

14.4. additional information and special certificates (if necessary) in accordance with the requirements referred to in the IMDG Code, including:

14.4.1. the Certificate Exempting a Substance, Material from the Provisions of IMDG Code (for example, charcoal, fishmeal);

14.4.2. the Weathering Certificate; and

14.4.3. a co-ordination regarding self-reactive substances and organic peroxides, which has been issued by a competent authority of the state of origin of the referred to substances with respect to the classification and carriage conditions thereof.

15. The documents referred to in Sub-paragraphs 14.1 and 14.2 of this Regulation shall include the following information regarding a dangerous and polluting cargo:

15.1. the proper shipping name of the cargo;

15.2. the hazard class according to the IMDG Code (Annex 1);

15.3. the number assigned by the United Nations Organisation (hereinafter - UNO);

15.4. pollution category (if applicable) according to the MARPOL Convention;

15.5. stowage of the cargo, total amount and packaging group thereof;

15.6. the EmS number and the MFAG table number;

15.7. information regarding the preparer of the ship cargo documents (the name of a company and surname and signature of a person);

15.8. the cargo transport unit packing certificate according to the requirements referred to in Chapter 5.4.2 "Container/Vehicle Packing Certificate" of the IMDG Code; and

15.9. the cargo certificate or declaration according to the requirements referred to in Chapter 5.4.1.6 "Certification" of the IMDG Code.

16. The information referred to in Sub-paragraph 14.3 of this Regulation shall be presented in one of the following ways:

16.1. on the Material Safety Data Sheet (hereinafter - MSDS), which is issued to the carrier of cargo as a supplement to the accompanying documents; or

16.2. in EmS instructions and MFAG tables according to the requirements referred to in the IMDG Code.

17. Prior to operations with dangerous and polluting cargoes (bulk cargoes and liquid cargoes) a consignor shall ensure that the master of the ship or representative thereof is given cargo documents, containing the following information regarding cargo:

17.1. if bulk cargo is carried - information according to the requirements referred to in Chapter VI, Part A, Regulation 2 "Cargo Information" of the SOLAS Convention and in Chapter 4 of the IMSBC Code binding to the Convention (including an indication regarding the stowage factor and humidity content (if applicable)); or

17.2. if noxious liquid cargo, dangerous chemical liquid cargo, liquefied gas or oil is carried - density and loading temperature of the substance, as well as other information according to the requirements referred to in Chapter 16.2 "Cargo Information" of the IBC Code or Chapter 18.1 "Cargo Information" of the IGC Code and information according to the requirements referred to in ISGOTT and SIGTTO Guidelines. MSDS shall be appended separately.

V. General Requirements for the Handling of Dangerous and Polluting Cargoes

18. A port authority shall indicate the places for the storage of dangerous and polluting cargoes in the port territory.

19. Entrance of explosives in port or transit thereof shall be admissible only if the authority of the relevant port has allowed the performance of such activities in a specific place in the port. Cargoes of Hazard Class 1 (except Hazard Class 1.4S) shall be allowed to enter the port territory or to exit from it only for direct loading in a ship or unloading from a ship (import or export). Such cargoes may remain in the port territory for not more than 48 hours and only in specially equipped places.

20. If explosives enter a port with a ship, the permissible distance of the ship from the closest populated area shall be observed (Annex 3).

21. Entrance of radioactive substances (Hazard Class 7) into port or transit thereof shall be allowed only in accordance with the Law On Radiation Safety and Nuclear Safety.

22. Direct loading or unloading operations shall be performed with dangerous cargoes with controlled temperature (Chapter 7.7 "Temperature Control Provisions" of the IMDG Code). If such cargoes remain in the port territory, they shall be placed in specially indicated places where it is possible to connect the cargo transport units containing the referred to cargoes to electricity supply, if necessary.

23. Entrance of dangerous substances containing pathogens (Hazard Class 6.2) into the port territory or exit from it shall be allowed only for direct loading in a ship or unloading from a ship (import or export). Such cargoes may remain in the port territory for not more than 48 hours.

24. It shall be allowed to accept unstable substances in port only if all conditions for safe carriage and treatment thereof in accordance with the requirements referred to in the IMDG Code have been specified and fulfilled.

25. A port merchant shall ensure with respect to the territory in responsibility thereof:

25.1. in warehouses, sheds and other places the availability of the list of dangerous and polluting cargoes present in the port territory (including information regarding precise name thereof, the number assigned by the UNO, classification, quantity, precise indication regarding the location of the referred to cargoes), as well as the availability of the referred to information to emergency and rescue services in a situation when an accident has taken place;

25.2. the availability of information (at any time) regarding actions and measures in emergency situations, as well as the placement of such information in places where dangerous and polluting cargoes are treated;

25.3. the availability of information regarding fire-fighting equipment and clear labelling thereof;

25.4. control and monitoring, as well as regular checks in the territory where dangerous and polluting cargoes have been placed in order to ascertain that spill of dangerous and polluting substances or damage to the packaging thereof have not occurred;

25.5. stowage of dangerous and polluting cargoes in accordance with the requirements referred to in the IMDG Code regarding separation and incompatibility, as well as in accordance with the requirements for segregation of dangerous cargoes in the port territory (Annex 4);

25.6. an indication regarding the permissible location of the ships, which have entered the port, taking into account the hazard class of the cargo and the amount of the cargo (Annex 3); and

25.7. transition connections for cooling of such containers, which are equipped with a water cooling system.

VI. Control of the Handling of Dangerous and Polluting Cargoes in Ports

26. A port inspector shall perform checks on the compliance with this Regulation and safety measures in the port, as well as on safe carriage and storage of dangerous and polluting cargoes. The port inspector shall check:

26.1. documents of dangerous and polluting cargoes and the conformity of the content thereof to the requirements referred to in Chapter IV of this Regulation;

26.2. how dangerous and polluting cargoes are stored in the port and how segregation, stowage and handling thereof takes place;

26.3. whether there is sufficient lighting during cargo operations during the dark hours of the day;

26.4. whether the mechanisms of placement and carriage provided for the performance of cargo operations have been certified and whether trained staff operate them;

26.5. whether technical supervision of dangerous equipment is ensured;

26.6. the packaging and cargo transport units, which contain dangerous and polluting cargoes, in order to ascertain that they are packed, labelled and provided with danger signs in accordance with the requirements referred to in the IMDG Code or international standards, which are applicable to the relevant type of carriage;

26.7. external condition of the containers, tank containers, portable tanks or trailers in order to detect obvious damages or signs of release;

26.8. whether the cargo transport unit conforms to the requirements referred to in the Guidelines for the Packing of Cargo Transport Units (hereinafter - CTUs Guidelines) of the IMO/ILO/UN Economic Commission for Europe; and

26.9. the conformity of the approval plate of a container with the requirements referred to in the International Convention for Safe Containers of 1972 (with amendments) (hereinafter - CSC Convention).

27. If during the checks referred to in this Chapter deficiencies are detected, which might affect carriage of dangerous and polluting cargoes or operations with them, a port inspector or the responsible person appointed by the port merchant shall notify the port merchant and the cargo holder thereof without delay and shall request to eliminate all detected deficiencies prior to further carriage of dangerous cargoes or operations with them. The port authority shall indicate the appropriate place in the port territory for storage of cargo transport units, which have been detected damages, signs of release or other deficiencies that may affect further safe handling of dangerous and polluting cargoes.

28. If a container containing dangerous or polluting cargo or another cargo transport unit has been detected with obvious damage or signs of release or if there are suspicions regarding the non-conformity of the cargo content with the information presented in documents, the relevant container or another cargo transport unit may be opened in order to verify the conformity of the cargoes present therein with the information indicated, as well as the conformity of packaging, securing and placement with the specified requirements. In such case the port inspector or the responsible person appointed by the port merchant shall inform the port merchant and the cargo holder regarding opening of the container or another cargo transport unit and shall open it in the presence of the cargo holder or authorised person thereof. If the container containing dangerous or polluting cargo or another cargo transport unit is subjected to customs control, the port inspector or the responsible person appointed by the port merchant shall receive customs permission to open the relevant container or another cargo transport unit and open it in the presence of a customs official.

[1 March 2011]

29. Damaged cargo transport units may be transferred only if safety measures are performed in order to ensure that they will not create hazard during further carriage or treatment.

VII. General Requirements for Operations with Dangerous and Polluting Cargoes

30. It shall be allowed to perform loading operations of dangerous and polluting cargoes in a ship and to carry the referred to cargoes with the ship only if the following requirements are observed:

30.1. in relation to carriage of dangerous and polluting cargoes in packaged form - the requirements referred to in Chapter II-2, Regulation 19 "Carriage of Dangerous Cargoes", Chapter VII, Part A "Carriage of Dangerous Cargoes in Packaged Form" of the SOLAS Convention and in the IMDG Code;

30.2. in relation to carriage of dangerous and polluting solid substances in bulk - the requirements referred to in Chapter II-2, Regulation 19 "Carriage of Dangerous Cargoes", Chapter VII, Part A-1 "Carriage of Dangerous Cargoes in Bulk" of the SOLAS Convention and in the IMSBC Code;

30.3. in relation to carriage of dangerous and polluting liquid chemicals in bulk - the requirements referred to in Chapter II-2, Regulation 16(3) "Additional Requirements to Tankers" and the requirements (insofar as applicable) referred to in Chapter VII, Part B of the SOLAS Convention, the IBC Code, as well as the requirements referred to in the Code for the Construction and Equipment of Ships Carrying Dangerous Chemicals in Bulk (hereinafter - BCH Code), and the requirements referred to in ISGOTT;

30.4. in relation to carriage of liquefied gases in tankers - the requirements referred to in Chapter II-2, Regulation 16(3) and the requirements (insofar as applicable) referred to in Chapter VII, Part C of the of the SOLAS Convention, the IGC Code or the Code for the Construction and Equipment of Ships Carrying Liquefied Gases in Bulk (hereinafter - GC Code); and

30.5. in relation to carriage of packaged irradiated nuclear fuel, plutonium and high-level radioactive wastes - the requirements referred to in Chapter VII, Part D "Special Requirements for Carriage of Packaged Irradiated Nuclear Fuel, Plutonium and High-level Radioactive Wastes on Board Ships" of the SOLAS Convention and in the International Code for the Safe Carriage of Packaged Irradiated Nuclear Fuel, Plutonium and High-level Radioactive Wastes on Board Ships".

31. Cross-border carriage of dangerous waste (according to the definition referred to in the Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and their Disposal of 1989) shall be permissible if they conform to the requirements referred to in Chapter 7.8 "Waste Carriage" of the IMDG Code or Chapter 20 "Carriage of Liquid Chemical Waste" of the IBC Code, as well as to the legal acts regarding the handling of dangerous cargoes.

32. Loading of the cargo transport units defined in Chapter 1.2 of the IMDG Code shall be permissible if they conform to the CTUs Guidelines.

33. According to the cargo plan, which is co-ordinated by the master of the ship with the port merchant, the following shall be ensured during operations of cargoes of a ship:

33.1. that packaged dangerous and polluting cargoes are placed and segregated, observing the requirements referred to in Chapter 7.1 "Stowage" and Chapter 7.2 "Segregation" of the IMDG Code and the restrictions specified in Chapter II-2, Regulation 19 "Carriage of Dangerous Cargoes" of the SOLAS Convention;

33.2. that dangerous cargoes in bulk are loaded and separated, observing the requirements referred to in Chapter 9.3 "Placement and Segregation of Cargo" of the IMSBC Code and the restrictions specified in Chapter II-2, Regulation 19 "Carriage of Dangerous Cargoes" of the SOLAS Convention;

33.3. that noxious liquid substances, which are carried as liquid cargoes and to carriage of which the IBC Code or the BCH Code is binding, are loaded in accordance with the requirements that are applicable to such substances and are referred to in Chapter 17 "Summary of the Minimum Requirements" of the IBC Code or Chapter IV "Special Requirements" of the BCH Code;

33.4. that liquefied gases, to the carriage of which the IGC Code or the GC Code is binding, are loaded in accordance with the requirements that are applicable to such substances and are referred to in Chapter 19 "Summary of the Minimum Requirements" of the IGC Code or Chapter XIX "Summary of the Minimum Requirements" of the GC Code.

34. It is prohibited to perform operations with dangerous and polluting cargoes if the packaging of a cargo transport unit has been damaged or the condition thereof does not conform to further safe carriage of cargo.

VIII. Inspection on Ships

35. Inspections on ships carrying dangerous and polluting cargoes shall be performed by an inspector appointed by the Latvian Maritime Administration. The inspector shall, by choice and at least once a month, inspect whether efficient exchange of information between a ship and the terminal is ensured, as well as shall inspect:

35.1. to a ship carrying dangerous and polluting cargoes in packaged form:

35.1.1. the conformity of the Document of Compliance of the ship (hereinafter - DOC) with the requirements referred to in Chapter II-2, Regulation 19 "Carriage of Dangerous Goods" of the SOLAS Convention;

35.1.2. the conformity of the stowage and segregation of dangerous and polluting cargoes with the requirements referred to in the IMDG Code and Chapter II-2, Regulation 19 "Carriage of Dangerous Goods" of the SOLAS Convention;

35.1.3. the conformity of cargo documents of the ship with the requirements referred to in Chapter VII, Part A of the SOLAS Convention, Chapter 5.4 "Documents" of the IMDG Code and Chapter IV of this Regulation;

35.1.4. the conformity of the labelling of containers and vehicles, the placement of a danger sign with the requirements referred to in the IMDG Code or other applicable international standards (if such visual inspection is possible); and

35.1.5. the condition of the packaging of dangerous and polluting cargo, as well as it shall be examined whether there is no obvious damage or signs of release (if such visual survey is possible);

35.2. to a tanker certified to carry oil:

35.2.1. the conformity of the International Oil Pollution Prevention Certificate (IOPPC) with the requirements referred to in Annex I to the MARPOL Convention, as well as with the conformity of the cargo carried with the type and structure of tanker specified in the IOPPC;

35.2.2. the conformity of the entries made in Parts I and II of the oil records book with the requirements referred to in Annex I to the MARPOL Convention;

35.2.3. the conformity of the shipboard oil pollution emergency plan (SOPEP) with the requirements referred to in Annex I to the MARPOL Convention; and

35.2.4. the conformity of the agreed loading/unloading plan, ship/shore safety checklist and MSDS with the requirements referred to in ISGOTT;

35.3. to a tanker certified to carry noxious liquid substances in bulk:

35.3.1. the conformity of the International Pollution Prevention Certificate for the Carriage of Noxious Liquid Substances in Bulk (NLS certificate) with the requirements referred to in Annex II to the MARPOL Convention;

35.3.2. the conformity of the entries made in the cargo record book with the requirements referred to in Annex II to the MARPOL Convention, including the fulfilment of the requirements specified for prewash of tanks;

35.3.3. the conformity of operational procedures with the requirements referred to in the Procedure and Arrangement Manual;

35.3.4. the conformity of the shipboard marine pollution emergency plan for noxious liquid substances with the requirements referred to in Annex II to the MARPOL Convention; and

35.3.5. the conformity of the agreed loading/unloading plan, ship/shore safety checklist and MSDS with the requirements referred to in ISGOTT;

35.4. to a tanker certified to carry hazardous chemical substances in bulk:

35.4.1. the conformity of the International Certificate of Fitness for the Carriage of Dangerous Chemicals in Bulk or Certificate of Fitness for the Carriage of Dangerous Chemicals in Bulk with the requirements referred to in the SOLAS Convention and the IBC or the BCH;

35.4.2. the conformity of the entries made in the cargo record book with the requirements referred to in Annex II to the MARPOL Convention, including the fulfilment of the requirements specified for prewash of tanks;

35.4.3. the conformity of operational procedures with the requirements referred to in the Procedure and Arrangement Manual; and

35.4.4. the conformity of the agreed loading/unloading plan, ship/shore safety checklist and MSDS with the requirements referred to in ISGOTT;

35.5. to a tanker certified to carry liquefied gas in bulk:

35.5.1. the conformity of the International Certificate of Fitness for the Carriage of Liquefied Gases in Bulk or the Certificate of Fitness for the Carriage of Liquefied Gases in Bulk with the requirements referred to in the SOLAS Convention, the IGC Code or the GC Code; and

35.5.2. the conformity of the agreed loading/unloading plan, ship/shore safety checklist and MSDS with the requirements referred to in ISGOTT and SIGTTO Guidelines;

35.6. to a ship carrying dangerous bulk cargoes:

35.6.1. the conformity of the DOC of the ship with the requirements referred to in Chapter II-2, Regulation 19 "Carriage of Dangerous Cargoes" of the SOLAS Convention;

35.6.2. the conformity of special lists or manifests, or detailed plans for placement of cargo with the requirements referred to in Chapter VII/7-2 of the SOLAS Convention; and

35.6.3. the conformity of the requirements for the placement and segregation of cargo with the requirements referred to in Chapter II-2, Regulation 19 "Carriage of Dangerous Cargoes" of the SOLAS Convention and the IMSBC Code.

[1 March 2011]

35.1 Inspections on ships shall be performed in accordance with the following procedures:

35.1 1. if non-conformities, which do not have a significant impact on the safety of a ship, crew thereof, cargo and the environment (for example, an incorrectly filled-in cargo record book), have been detected during an inspection of the ship, the inspector appointed by the Latvian Maritime Administration shall request the master of the ship to eliminate the non-conformities until the time when the ship leaves the port;

35.1 2. if non-conformities, which have a significant impact on the safety of a ship, crew thereof, cargo and the environment (for example, loading/unloading operations of the ship do not take place according to the approved cargo plan), have been detected during an inspection of the ship, the appointed inspector, if necessary, shall request the master of the ship to terminate cargo operations and shall notify the Maritime Safety Inspectorate regarding the non-conformities detected without delay.

[1 March 2011]

IX. Closing Provision

36. Cabinet Regulation No. 199 of 14 March 2006, Regulations Regarding the Handling and Control of Dangerous and Polluting Cargoes in Ports (Latvijas Vēstnesis, [official Gazette of the Government of Latvia] 2006, No. 47) is repealed.

Prime Minister V. Dombrovskis

Minister for Transport K. Gerhards

 

Annex 1
Cabinet Regulation No. 1060
15 September 2009

Classification of Dangerous Cargoes According to the IMDG Code

Class, division of danger

Name

1

Explosives and Articles Thereof

1.1

Explosives which have a mass explosion hazard

1.2

Explosives which have a projection hazard but not a mass explosion hazard

1.3

Explosives which have a fire hazard and either a minor blast hazard or a minor projection hazard or both, but not a mass explosion hazard

1.4

Explosives which present no significant hazard

1.5

Very insensitive explosives which have a mass explosion hazard

1.6

Extremely insensitive explosives which do not have a mass explosion hazard

2

Gases

2.1

Flammable gases

2.2

Non-flammable, non-toxic gases

2.3

Toxic gases

3

Flammable liquids

4

Flammable solids; substances liable to spontaneous combustion; substances which, in contact with water, emit flammable gases

4.1

Flammable solids, self-reactive substances and desensitized explosives

4.2

Substances liable to spontaneous combustion

4.3

Substances which, in contact with water, emit flammable gases

5

Oxidizing substances and organic peroxides

5.1

Oxidizing substances

5.2

Organic peroxides

6

Toxic and infectious substances

6.1

Toxic substances

6.2

Infectious substances

7

Radioactive material

8

Corrosive substances

9

Miscellaneous dangerous substances and articles

Minister for Transport K. Gerhards

 

Annex 2
Cabinet Regulation No. 1060
15 September 2009

Dangerous Cargo Manifest

(in accordance with Chapter VII, Regulations 4.5 and 7-2.2 of the SOLAS Convention, the requirements referred to in Regulation 4(3) of Annex III to the MARPOL 73/78 and Chapter 5.4, Chapter 5.4.3.1 of the IMDG Code)

NAME OF SHIP IMO NUMBER ___________________________

CALL SIGN OF SHIP ___________________________ FLAG OF SHIP _____________________________________________

GIVEN NAME, SURNAME OF THE MASTER ___________________________ VOYAGE INFORMATION __________________

CARGO LOADING PORT ___________________________ CARGO UNLOADING PORT ___________________________

CARGO AGENT ___________________________

 

Order number

Identification number of container; registration number of vehicle

Number and type of packaging

Proper shipping name

Hazard class

UN number

Packing group

Subsidiaryrisk

Flashpoint (°C)

Marine pollutant

Quantity (kg) gross/net

EmS

Stowage position on board

                         

 

Signature of the agent ___________________________

Place and date ___________________________

Signature of the master ___________________________

Place and date ___________________________

Minister for Transport K. Gerhards

 

Annex 3
Cabinet Regulation No. 1060
15 September 2009

Location of the Ship with Dangerous Cargoes in Port

No.

Hazard class of the dangerous cargo (according to the IMDG Code)

Quantity of the dangerous cargo on the ship

Permissible distance of the ship from the closest populated area

Notes

1. 1.1, 1.2 or 1.5 up to 125 kg not closer than 100 m from a populated area  
up to 500 kg not closer than 300 m from a populated area  
up to 30,000 kg not closer than 500 m from a populated area  
2. 1.3 or 1.4 up to 500 kg not closer than 100 m from a populated area  
up to 30,000 kg not closer than 300 m from a populated area  
up to 120,000 kg not closer than 500 m from a populated area the master of the port shall review individually cases when the quantity of the cargo is 120,000 kg or more
3. 1.4S up to 1,000 kg not closer than 100 m from a populated area  
4. 1.4S - applied to the substances or cargo transport units, the UN assigned number of which is 0012 or 0014 (for ammunition, the maximum calibre of which is 19.1 mm) and 0055 or 0105 up to 300,000 kg
5. 5.2 - applied to cargoes, the packaging of which has the label "explosive" up to 25,000 kg

Minister for Transport K. Gerhards

 

Annex 4
Cabinet Regulation No. 1060
15 September 2009

Segregation of Dangerous Cargos in the Port Territory

No.

Name of the substance

Hazard class

2.1

2.2

2.3

3

4.1

4.2

4.3

5.1

5.2

6.1

8

9

1.

Flammable gases

2.1

0

0

0

s

a

s

0

s

s

0

a

0

2.

Non-flammable, non-toxic gases

2.2

               

a

0

0

0

3.

Toxic gases

2.3

               

s

0

0

0

4.

Flammable liquids

3

s

a

s

0

0

s

s

s

s

0

0

0

5.

Flammable solids, self-reactive substances and desensitized explosives

4.1

a

0

0

0

0

a

0

a

s

0

a

0

6.

Substances liable to spontaneous combustion

4.2

s

a

s

s

a

0

a

s

s

a

a

0

7.

Substances which, in contact with water, emit flammable gases

4.3

0

0

0

a

0

a

0

s

s

0

a

0

8.

Oxidizing substances

5.1

s

0

0

s

a

s

s

0

s

a

s

0

9.

Organic peroxides

5.2

s

a

s

s

s

s

s

s

0

a

s

0

10.

Toxic substances (liquids and other solid substances)

6.1

0

0

0

0

0

a

0

a

a

0

0

0

11.

Corrosive substances (liquids and solid substances)

8

a

0

0

0

a

a

a

s

s

0

0

0

12.

Miscellaneous dangerous substances and articles

9

0

0

0

0

0

0

0

0

0

0

0

0

Note.

1. Cargoes of Hazard Class (except 1.4S), 6.2 and 7 shall be allowed to enter and exit the port only for direct loading or unloading thereof, therefore these have not been included in the cargo table of these classes. In some unforeseen circumstances such cargoes may temporarily stay in the port territory in places specially indicated for them.

Explanatory notes.

1. Acceptance and storage of cargoes of Hazard Class (except 1.4S), 6.2 and 7 may be regulated by the provisions of the relevant port according to facilities of terminals and reloading equipment.

2. All dangerous and polluting cargoes brought in the port territory shall be labelled, provided with stickers, packaged and documented according to the requirements referred to in the IMDG Code.

3. Segregation of dangerous cargoes shall be performed according to the requirements referred to in the IMDG Code:

3.1. packaging, trailers, fixed or platform containers:

3.1.1. 0 - segregation is not necessary unless provided otherwise in the provisions of the port;

3.1.2. a - away from - the minimum distance is 3 m;

3.1.3. s - separated from - the minimum distance in an open area is 6 m, the minimum distance in sheds or warehouses is 12 m unless special fireproof walls are present;

3.2. closed containers, portable tanks, closed road vehicles:

3.2.1. 0 - segregation is not necessary;

3.2.2. a - away from - segregation is not necessary;

3.2.3. s - separated from - the minimum distance in an open area is 3 m long and wide, the minimum distance in sheds or warehouses is 6 m long and wide unless special fireproof walls are present;

3.3. road transport with an uncovered load bin, railway freight wagons, containers with an open upper part:

3.3.1. 0 - segregation is not necessary;

3.3.2. a - away from - the minimum distance is 3 m;

3.3.3. s - separated from - the minimum distance in an open area is 6 m long and wide, the minimum distance in sheds or warehouses is 12 m long and wide unless special fireproof walls are present.

Minister for Transport K. Gerhards

 

Annex 5
Cabinet Regulation No. 1060
15 September 2009

[1 March 2011]

Report on the Handling of Dangerous and Polluting Cargoes

Name of the port merchant ____________________________________

Report on the dangerous and polluting cargoes reloaded in ____ quarter of 20____

Proper shipping name

Loaded in ships (amount/unit)

Unloaded from ships (amount/unit)

Notes

       
Oil products (Annex I to MARPOL)
       
       
       
Dangerous and polluting substances in bulk (IBC Code)
       
       
       
Liquefied gases in bulk as liquid cargoes (IGC Code)
       
       
       
Bulk cargoes (Group B of the IMSBC Code)
       
       
       
Dangerous and polluting packaged cargoes (IMDG Code)

Proper shipping name

UN number

     
         
         

Explanations.

1. For substances in bulk (IBC Code) the category of the substance (X, Y, Z, OS) shall be indicated in the column "Notes".

2. For dangerous and polluting packaged cargoes the hazard level according to the IMDG Code shall be indicated in the column "Notes".

Responsible person
 

(given name, surname, signature*)

Place for seal*

Date*__________________

* The details of the document "signature", "place for seal" and "date" shall not be completed if the electronic document has been prepared in accordance with the regulatory enactments regarding drawing up of electronic documents.

 


Translation © 2011 Valsts valodas centrs (State Language Centre)

 
Document information
Status:
In force
in force
Issuer: Cabinet of Ministers Type: regulation Document number: 1060Adoption: 15.09.2009.Entry into force: 19.09.2009.Publication: Latvijas Vēstnesis, 149, 18.09.2009.
Language:
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