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Teksta versija
LEGAL ACTS OF THE REPUBLIC OF LATVIA
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The translation of this document is outdated.
Translation validity: 27.10.2010.–20.07.2011.
Amendments not included: 08.07.2011., 11.06.2015.

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

Law on the Circulation of Pyrotechnic Articles

Chapter I
General Provisions

Section 1. Terms Used in This Law

The following terms are used in this Law:

1) importer - a natural or legal person registered in a European Union Member State or European Economic Area State which according to the commercial activities thereof offers pyrotechnic articles of a definite type originating from a third country for the first time on the market of a European Union Member State or European Economic Area State;

2) distributor - a natural or legal person which according to the commercial activities thereof in the supply chain of pyrotechnic articles makes them available on the market, (sells, supplies or otherwise distributes);

3) placing on the market - the first offer of particular products on the market of a European Union Member State or European Economic Area State, with a view to its distribution or use for payment or free of charge. Fireworks built by a manufacturer for its own use and approved by a Member State for the use on its territory shall not to be considered as having been placed on the market;

4) military pyrotechnics - a pyrotechnic article specially manufactured for military needs or for ensuring public safety and order;

5) person with specialist knowledge - a person who is authorised to use and handle Category 4 fireworks, Category T2 theatrical pyrotechnic articles or Category P2 pyrotechnic articles in the Republic of Latvia;

6) applicable standard - a European standard adopted by a European standardisation body in conformity with an authorisation issued by the European Commission;

7) pyrotechnic article - an article containing explosive substances or an explosive mixture of substances intended for production of heat, light, sound, gas, smoke or a combination of such effects through self-sustained exothermic chemical reaction;

8) circulation of pyrotechnic articles - the manufacture, placing on the market, bringing into the Republic of Latvia, taking out therefrom, importation, exportation of pyrotechnic articles or the propellants thereof, performance of transit transactions, carrying, transportation, conveyance, acquisition, sale, performance of intermediary transactions, storage, recording, marking, use, withdrawal, destruction, provision of pyrotechnic services;

9) propellant - an explosive substance or an explosive mixture of substances which can be used in the manufacture of pyrotechnic articles;

10) manufacturer - a natural or legal person which manufactures a pyrotechnic article in order to place it on the market with its trademark or brand;

11) signal device - an article or a mechanism specially built only for giving a pyrotechnic light, sound or smoke signal;

12) theatrical pyrotechnic articles - pyrotechnic articles intended for indoor use or outdoor use on a stage, including for the production of cinematographic and television transmissions or similar purposes;

13) pyrotechnic articles for vehicles - components of safety devices in vehicles containing pyrotechnic substances used to activate these or other devices; and

14) firework - a pyrotechnic article intended for entertainment purposes.

Section 2. Purpose of this Law

The purpose of this Law is to determine the rights and duties of natural and legal persons in respect of the circulation of pyrotechnic articles in the Republic of Latvia, as well as the basic safety requirements for pyrotechnic articles in order to ensure free movement of these articles, public safety, protection of human health and environment, as well as safety of consumers and professional users.

Section 3. Scope of Application of the Law

(1) The Law shall apply to pyrotechnic articles, except:

1) equipment falling within the scope of regulatory enactments regulating the requirements for marine equipment;

2) pyrotechnic articles used in the aviation and aerospace industry;

3) percussion caps intended specifically for toys, which fall within the scope of regulatory enactments regulating the requirements for toy safety;

4) explosives falling within the scope of regulatory enactments regulating the circulation of explosives intended for civil needs; and

5) ammunition (projectiles and charges), as well as blank ammunition used in firearms and other weapons.

(2) This Law shall only apply to signal devices, including signal devices included in the mandatory accoutrements of boats, yachts, ships or aircrafts in the Chapter regarding the manufacturing (production) of the articles referred to.

(3) This Law shall not apply to the regulations for the commercial circulation of military pyrotechnics and the procedures for the manufacture and storage of military pyrotechnics determined by the regulatory enactments regulating the circulation of goods with strategic significance.

Chapter II
Categorisation, Basic Safety Requirements and Conformity Assessment of Pyrotechnic Articles

Section 4. Categorisation and Conformity Assessment of Pyrotechnic Articles

(1) Pyrotechnic articles shall be categorised by the manufacturer according to their type of use, purpose and level of hazard and the noise level produced by these articles.

(2) Pyrotechnic articles, depending on the propellant content, safety distances, noise level and other operational characteristics and properties shall be divided as follows:

1) fireworks:

a) Category 1 - fireworks presenting a very low hazard and negligible noise level intended for the use in confined premises, including fireworks intended for the use inside domestic buildings;

b) Category 2 - fireworks presenting a low hazard and noise level intended for the outdoor use in confined areas;

c) Category 3 - fireworks presenting a medium hazard intended for the outdoor use in large open areas and whose noise level is not harmful to human health;

d) Category 4 - fireworks presenting a high hazard intended for the use only by persons with specialist knowledge (fireworks for professional use) and whose noise level is not harmful to human health;

2) theatrical pyrotechnic articles:

a) Category T1 - low hazard pyrotechnic articles for stage use,

b) Category T2 - pyrotechnic articles for stage use intended for the use only by persons with specialist knowledge;

3) other pyrotechnic articles:

a) Category P1 - pyrotechnic articles other than fireworks and low hazard theatrical pyrotechnic articles,

b) Category P2 - pyrotechnic articles other than fireworks and theatrical pyrotechnic articles intended for the use only by persons with specialist knowledge; and

4) military pyrotechnics.

(3) Institutions accredited in accordance with the procedures specified by regulatory enactments by the Latvian National Accreditation Bureau of the limited liability company "Standardisation, Accreditation and Metrology Centre" (hereinafter - Accreditation Bureau) shall approve the category of the pyrotechnic article assigned by the manufacturer and perform the conformity assessment of pyrotechnic articles.

(4) If the conformity assessment of a pyrotechnic article has been performed by another State accredited conformity assessment institution of a European Union Member State or a European Economic Area State, the conformity assessment for this pyrotechnic article shall not be performed in the Republic of Latvia.

(5) The Ministry of Economics shall inform the European Commission, the European Union Member States and European Economic Area States on the accredited institutions to which the right to perform the conformity assessment of pyrotechnic articles have been granted. Specific tasks which have been entrusted to these institutions shall be indicated in the information, as well as the identification numbers of these institutions granted thereto by the European Commission.

(6) If the Ministry of Economics receives a notification from the Accreditation Bureau that an accredited institution does not conform to the requirements specified for an accredited institution, it shall revoke the right of the accredited institution to assess the conformity of pyrotechnic articles and inform the European Commission, the European Union Member States and the European Economic Area States accordingly, without delay.

Section 5. Basic Safety Requirements for the Pyrotechnic Articles, Applicable Standards, Procedures for Conformity Assessment and Marking and Requirements to be Set to the Institution to be Accredited

The Cabinet shall determine basic safety requirements for the pyrotechnic articles, applicable standards, procedures for conformity assessment and marking and requirements to be set to the institution to be accredited.

Chapter III
Licensing of Commercial Activities

Section 6. Special Authorisations (Licences)

(1) Natural and legal persons, as well as manufacturers, importers and distributors shall require a special authorisation (licence) for commercial activities with Category 2, 3 or 4 fireworks, Category T1 or T2 theatrical pyrotechnic articles or the propellants thereof. The special authorisation (licence) shall also be necessary for the manufacture of Category 1 fireworks or the propellants thereof.

(2) The State Police shall issue the special authorisations (licences) referred to in Paragraph one of this Section, suspend the validity thereof or revoke them. The State Police shall establish a Licensing Commission comprising no less than five persons for the issue of special authorisations (licences).

(3) A merchant shall require the receipt of a duplicate of the special authorisation (licence) if the special authorisation (licence) has been damaged, lost or stolen, and a repeated special authorisation (licence) if the particulars indicated therein regarding the merchant have changed or if another place of manufacture, storage or sale of pyrotechnic articles has been installed.

(4) A State fee shall be paid for the issue of a special authorisation (licence), the duplicate thereof and a repeated special authorisation (licence).

(5) The State Police shall include information regarding special authorisations (licences), individual merchants and persons who have taken up offices in the administrative body of a merchant, as well as employees to which the restrictions provided for in this Law are applicable, in the Register of Licences and Certificates. The manager of the Register shall be the Information Centre of the Ministry of the Interior.

(6) The Cabinet shall determine the extent of the particulars to be included in the Register of Licences and Certificates, and the procedures for including particulars, the use and cancellation thereof, as well as the institutions to which access to the particulars contained in this Register shall be granted.

(7) Manufacture, import, export and sale of the military pyrotechnics shall be permitted for the merchants who in accordance with the procedures specified by the regulatory enactments regulating the circulation of goods with strategic significance have received a special authorisation (licence) issued by the Ministry of Defence for commercial activities with the goods listed in the Common Military List of the European Union.

Section 7. Restrictions for the Issue of the Special Authorisation (Licence)

(1) The special authorisation (licence) shall be issued to individual merchants and commercial companies if an individual merchant or persons taking up offices in the administrative bodies of a merchant, and the employees of a merchant directly related to the manufacture, storage or sale of pyrotechnic articles or the provision of pyrotechnic services, are at least 18 years of age and if the restrictions referred to in Paragraph two of this Section do not apply thereto and to the merchant.

(2) It is prohibited to issue the special authorisation (licence):

1) if an individual merchant or a person taking up office in an administrative body of a merchant, or an employee of a merchant directly related to the manufacture, storage or sale of pyrotechnic articles or to the provision of pyrotechnic services:

a) has been sentenced for a serious or especially serious crime or a criminal violation or less serious crime committed under the influence of alcoholic beverages, narcotic or other intoxicating substances; for refusing to submit to a medical test for determining alcohol concentration in the blood or a test for narcotic, psychotropic, toxic and other intoxicating substances; for hooliganism or for resistance to representatives of the law or another State official - prior to the sentence being extinguished or set aside;

b) has been sentenced for committing the criminal offence provided for in Clause 1, Sub-clause a of this Paragraph, being released from sentence if a year has not passed from the day when the adjudication regarding the release from sentence entered into effect;

c) has been released from criminal liability for committing the criminal offence provided for in Clause 1, Sub-clause a of this Paragraph if a year has not passed when the relevant decision entered into effect;

d) has been conditionally released from criminal liability for committing the criminal offence provided for in Clause 1, Sub-clause a of this Paragraph if the probationary period has not passed;

e) is a person having the status of the accused being conferred during the criminal proceedings;

f) has been administratively sentenced for violations of the regulations for the circulation of pyrotechnic articles committed under the influence of alcoholic beverages, narcotic, or other intoxicating substances; for refusing to submit to a medical test for determining the alcohol concentration or a test for narcotic or other intoxicating substances; for minor hooliganism or for malicious non-compliance with the lawful order or request of an employee of a police institution, border guard or national guard if a year has not passed following the execution of the administrative sentence;

2) if to an individual merchant or a person taking up office in an administrative body of a merchant, or an employee of a merchant directly related to the manufacture, storage, or sale of pyrotechnic articles or to the provision of pyrotechnic services:

a) psychiatric disorders has been diagnosed;

b) addiction to alcoholic, narcotic, psychotropic or toxic substances has been diagnosed;

3) a merchant whose special authorisation (licence) for commercial activities with pyrotechnic articles or commercial activities with weapons, ammunition, special means, explosives, firing sets has been revoked - less than a year following the revocation thereof;

4) a merchant whose participant is a legal person whose special authorisation (licence) for commercial activities with pyrotechnic articles or commercial activities with weapons, ammunition, special means, explosives or firing sets has been revoked within the last year;

5) a merchant whose participant or an official of an administrative body thereof is a natural person who has been an individual merchant or participant of a merchant whose special authorisation (licence) for commercial activities with pyrotechnic articles or commercial activities with weapons, ammunition, special means, explosives or firing sets has been revoked within the last year, or who was entitled to represent such a merchant.

(3) The Cabinet shall determine the requirements for the receipt of a special authorisation (licence), the requirements which shall be observed during the validity period of a special authorisation (licence), the procedures by which a special authorisation (licence), the duplicate thereof or a repeated special authorisation (licence) shall be issued to a merchant, a special authorisation (licence) shall be revoked, the validity of a special authorisation (licence) shall be suspended, as well as the amount and procedures for payment of the State fee payable for the issue of a special authorisation (licence), the duplicate thereof and a repeated special authorisation (licence).

Section 8. Suspension of Validity and Revocation of the Special Authorisation (Licence)

(1) The State Police may suspend the validity of a special authorisation (licence) for up to 60 days in order to interrupt the violations of the regulations for the manufacture, storage, transportation, sale or use of pyrotechnic articles specified in this Law and in other regulatory enactments.

(2) The State Police shall revoke a special authorisation (licence), if:

1) the merchant violates the requirements of this Law;

2) the merchant has knowingly provided false information in order to receive a special authorisation (licence);

3) such is determined by another law or a court adjudication; or

4) it has been determined that restrictions for the issue of a special authorisation (licence) referred to in Section 7 of this Law refer to the merchant.

Section 9. Appeal of a Decision

A decision regarding the refusal to issue a special authorisation (licence), the suspension of the validity or revocation of a special authorisation (licence) may be contested and appealed according to the procedures specified in the Administrative Procedure Law. The contesting or appeal of a decision shall not suspend the operation and implementation thereof.

Chapter IV
Regulations for the Commercial Circulation of Pyrotechnic Articles

Section 10. Placing on the Market of Pyrotechnic Articles

(1) Pyrotechnic articles shall only be placed on the market if they have been stored correctly and comply with the basic safety requirements, if they have had a conformity assessment performed and it is confirmed by the European Conformity Marking - CE (hereinafter - CE Conformity Marking), and if they do not endanger human health and safety.

(2) Only the circulation of such pyrotechnic articles shall be permitted in the Republic of Latvia which comply with the requirements of this Law, except pyrotechnic articles intended for research, development and examination, if the article or packaging thereof clearly indicates such non-compliance and the purpose of use.

(3) Pyrotechnic articles which do not comply with the requirements of this Law may only be displayed for examination in exhibitions and demonstrated if information regarding this non-compliance, information regarding the merchant displaying or demonstrating them at the exhibition, the place and time of the exhibition and demonstration, and the fact that these pyrotechnic articles are not available for sale are indicated.

Section 11. Duties of the Manufacturer, Importer and Distributor

(1) The manufacture shall ensure that the pyrotechnic articles placed on the market comply with the requirements of Section 10 of this Law.

(2) If the manufacturer is not registered in a European Union Member State or in a European Economic Area state, the importer shall ensure that the manufacturer implements the requirements specified in Paragraph one of this Section, or shall implement them itself. In order to implement the requirements referred to, pyrotechnic articles which are necessary for conformity assessment may be brought into the Republic of Latvia.

(3) The duty of the distributor is to act with due care in order to promote the compliance of pyrotechnic articles with the basic safety requirements, including to verify that the CE Conformity Marking is present on the relevant pyrotechnic article and the conformity assessment documents are appended to this article.

(4) It is prohibited to sell pyrotechnic articles which do not comply with the basic safety requirements.

Section 12. Conditions for the Manufacture, Storage and Sale of Pyrotechnic Articles

(1) A merchant has the right to manufacture fireworks, theatrical pyrotechnic articles and the propellants thereof, store and sell Category 2, 3 or 4 fireworks and Category T1 or T2 theatrical pyrotechnic articles and the propellants thereof only in specially equipped premises whose address is indicated in the special authorisation (licence), and only pyrotechnic articles from the category containing the total amount of propellant which is indicated in the special authorisation (licence).

(2) Merchants, including manufacturers, importers and distributors, shall sell or otherwise make available Category 4 fireworks and Category T2 theatrical pyrotechnic articles only to those merchants which have received a special authorisation (licence) for the provision of pyrotechnic services, or to those legal persons which use pyrotechnic articles for making cinematographic or television transmissions, theatrical performances or other art and entertainment events, and Category P2 pyrotechnic articles, only to those merchants which use pyrotechnic articles in the manufacture of vehicles or other equipment or devices. The employees of the merchants and legal persons referred to, who are directly related to the storage and use of these pyrotechnic articles shall be persons with specialist knowledge.

(3) Category 1, 2 and 3 fireworks, Category T1 theatrical pyrotechnic articles and Category P1 pyrotechnic articles may not be sold or otherwise made available to the persons who have not reached the relevant age specified in this Law.

(4) Fireworks and theatrical pyrotechnic articles whose basic effect is the creation of noise similar to an explosive noise (petards and the prototypes thereof) may be sold or otherwise made available only to the categories of persons specified in this Law.

(5) When advertising and offering fireworks and theatrical pyrotechnic articles on the Internet, it is prohibited to supply and sell them in retail trade outside the specially equipped location of trade indicated in the special authorisation (licence).

(6) It is prohibited to sell fireworks and theatrical pyrotechnic articles in retail trade or otherwise make them available to users, if the instructions for use thereof are not appended to these articles, the packaging thereof or on each such article separately.

(7) Merchants who have a special authorisation (licence) for the sale of fireworks and theatrical pyrotechnic articles, upon receipt of a statement from the regional structural unit of the State Fire-fighting and Rescue Service regarding the compliance of the location of trade with the fire safety regulations and upon harmonisation with the local government, may receive a special authorisation (licence) for the seasonal trade of Category 2 fireworks and Category T1 theatrical pyrotechnic articles in non-specialised trade facilities for a seven day period prior to New Year's Day (1 January).

(8) The Cabinet shall determine the procedures for the sale and storage of fireworks and theatrical pyrotechnic articles and the restrictions in non-specialised trade facilities, the procedures for the issue of a special authorisation (licence) for the seasonal trade of Category 2 fireworks and Category T1 theatrical pyrotechnic articles to a merchant, as well as the requirements for the receipt of a special authorisation (licence).

Section 13. Provision of Pyrotechnic Services

(1) In order to use fireworks and theatrical pyrotechnic articles for commercial purposes, for the creation of smoke, noise or light effects, for signalling or fireworks at festivities (for the demonstration of a salute), a merchant shall require a special authorisation (licence) issued by the State Police for the provision of pyrotechnic services.

(2) Only persons with specialist knowledge may use fireworks and theatrical pyrotechnic articles for the provision of pyrotechnic services.

Section 14. Procedures for the Manufacture, Storage, Carrying, Transportation, Sale of Fireworks and Theatrical Pyrotechnic Articles, the Organisation of Commercial Exhibitions and Demonstrations (Use), as well as the Provision of Pyrotechnic Services

The Cabinet shall determine the procedures for the manufacture, storage, carrying, transportation, sale of fireworks and theatrical pyrotechnic articles, the organisation of commercial exhibitions and demonstrations (use), as well as the provision of pyrotechnic services.

Chapter V
Acquisition, Carrying, Transportation, Storage and Use of Pyrotechnic Articles

Section 15. The Right of Natural Persons to Acquire, Store and Use Pyrotechnic Articles

(1) A natural person who has reached the age of 14 years has the right to acquire, store and use Category 1 fireworks.

(2) A natural person who has reached the age of 18 years has the right to acquire, store and use Category 2 and 3 fireworks, Category T1 theatrical pyrotechnic articles and Category P1 pyrotechnic articles.

(3) Fireworks and theatrical pyrotechnic articles whose basic effect is to create a noise similar to an explosive noise (petards and the prototypes thereof) may be acquired, stored and used at hunting by the persons who have received a hunting licence.

(4) It is prohibited for natural persons to:

1) acquire, store and use Category 4 fireworks, Category T2 theatrical pyrotechnic articles and Category P2 pyrotechnic articles;

2) handover or otherwise make available Category 1 fireworks to the natural persons who have not reached the age specified in Paragraph one of this Section;

3) handover or otherwise make available Category 2 and 3 fireworks, Category T1 theatrical pyrotechnic articles and Category P1 pyrotechnic articles to the natural persons who have not reached the age specified in Paragraph two of this Section;

4) handover or otherwise make available the fireworks and theatrical pyrotechnic articles of the relevant category to the legal persons who are not entitled to use pyrotechnic articles of the relevant type and category ; or

5) acquire, store and use military pyrotechnics.

Section 16. The Right of Legal Persons and State Institutions to Acquire, Store and Use Pyrotechnic Articles

(1) A merchant who has received the special authorisation (licence) referred to in Section 6 of this Law has the right to acquire the type and category of pyrotechnic articles which are indicated in the special authorisation (licence) and operate with them according to the type of operation indicated in the special authorisation (licence).

(2) Only a merchant who has received a special authorisation (licence) for manufacturing pyrotechnic articles is permitted to acquire pyrotechnic article propellants.

(3) Legal persons whose type of work is the making of cinematographic or television transmissions, the staging and demonstrating of theatrical performances or the organisation of other art and entertainment events have the right to acquire, store and use Category 4 fireworks and Category T2 theatrical pyrotechnic articles, if at least one of the employees of the legal person is a person with specialist knowledge.

(4) Fireworks and theatrical pyrotechnic articles whose basic effect is the creation of noise similar to an explosive noise (petards and the prototypes thereof) may be acquired, stored and used by the merchants having received the special authorisation (licence) for the provision of pyrotechnic services, as well as the legal persons referred to in Paragraph three of this Section.

(5) Legal persons who manufacture or repair vehicles or equipment and devices in which the relevant pyrotechnic articles are installed or which require them for technical purposes have the right to acquire, store and use pyrotechnic articles for vehicles and other Category P1 and P2 pyrotechnic articles.

(6) The legal persons referred to in Paragraphs one, three and five of this Section shall ensure that the Category 4 fireworks and Category T2 theatrical pyrotechnic articles at the disposal thereof are used and the work with Category P2 pyrotechnic articles is only performed by persons with specialist knowledge.

(7) It is prohibited for legal persons to handover or otherwise make available:

1) Category 1 fireworks to the natural persons who have not reached the age specified in Section 15, Paragraph one of this Law;

2) Category 2 and 3 fireworks, Category T1 theatrical pyrotechnic articles and Category P1 pyrotechnic articles to the natural persons who have not reached the age specified in Section 15, Paragraph two of this Law;

3) the fireworks and theatrical pyrotechnic articles of the relevant category to the legal persons who are not entitled to use the respective type and category of pyrotechnic articles.

(8) It is prohibited for legal persons, except the legal persons referred to in Paragraphs one, three and five of this Section to acquire, store and use Category 4 fireworks, Category T2 theatrical pyrotechnic articles and Category P2 pyrotechnic articles.

(9) The right of legal persons referred to in Paragraph three of this Section to acquire, store and use in the operations thereof Category 4 fireworks and Category T2 theatrical pyrotechnic articles shall be certified by the State Police by issuing a written authorisation. The procedures for the issue of the authorisation referred to shall be determined by the Cabinet.

(10) Only the National Armed Forces, the State Police, the State Border Guard, the State Fire-fighting and Rescue Service and the Prison Administration, as well as other State institutions who have the right to use military pyrotechnics in the operations thereof granted by law, may acquire, store and use military pyrotechnics.

Section 17. Prohibitions and Restrictions for the Use of Pyrotechnic Articles

(1) It is prohibited to use pyrotechnic articles if the use thereof endangers human life, health, property or may cause harm to environment, as well as under the influence of alcoholic beverages, narcotic or other intoxicating substances.

(2) Fireworks and theatrical pyrotechnic articles shall be used in accordance with the instructions for use thereof and the safety requirements specified therein.

(3) A person who uses fireworks and theatrical pyrotechnic articles shall ensure:

1) the absence of persons, animals, vehicles, property of other persons and fire-hazardous and explosive articles in the danger zone during the use of pyrotechnic articles and following the use thereof, until it has been verified that all the projectiles have been operated;

2) the appropriate enlarging of the danger zone during strong winds. If the wind speed exceeds nine metres per second, the use of pyrotechnic articles is not permitted;

3) the inspection of the place of use of the pyrotechnic articles and of the un-operated or partly operated pyrotechnic articles, and the collection of the pyrotechnic cartridge elements and packaging of pyrotechnic articles, no sooner than the time specified in the instructions for use of the pyrotechnic articles.

(4) It is prohibited to use fireworks and theatrical pyrotechnic articles:

1) on the property of other private persons without the consent of the owner or possessor thereof;

2) in proximity of the land, buildings or vehicles in the ownership of other private persons if, by using the pyrotechnic articles, the projectiles, sparks or the residue thereof may fall on to the land, buildings or vehicles of other private persons and these persons have not given the consent thereto;

3) indoors, except Category 1 fireworks and theatrical pyrotechnic articles;

4) closer than 100 metres from fire-hazardous and explosive objects and the territories thereof, fuel tanks, gas cylinders and other flammable or fire-hazardous substances and materials,

5) closer than 100 metres from the facilities of manufacture and storage of dangerous substances and mixtures;

6) closer than 100 metres from zoological parks, fur-farms and livestock breeding facilities without the authorisation of the owner thereof;

7) beneath electricity low-voltage, high-voltage and communication lines, tree branches and other obstacles which may be reached by the pyrotechnic projectiles (substances), as well as in tunnels;

8) closer than the safe distance indicated in the instructions for use of the pyrotechnic article from bridges, railways, motorways, road crossings and transport route partings;

9) on road carriageways and pedestrian paths, unless a local government authorisation has been received;

10) closer than 100 metres from State and local government institutions, foreign diplomatic representations, churches and places of worship, medical treatment institutions, educational institutions, social care and social rehabilitation institutions, bus stations, railway stations, airports and passenger ports, unless the authorisation of the relevant institution has been received; or

11) in the courtyards of multi-apartment dwellings if pyrotechnic rockets are being used.

(5) The relevant local government, by issuing the binding regulations, is entitled to restrict the place and time of the use of fireworks and theatrical pyrotechnic articles.

Section 18. Procedures for the Acquisition, Carrying, Transportation and Storage of Fireworks and Theatrical Pyrotechnic Articles

The Cabinet shall determine the procedures for the acquisition, carrying, transportation and storage of fireworks and theatrical pyrotechnic articles.

Chapter VI
Persons with Specialist Knowledge

Section 19. Document Certifying the Vocational Competence of the Person with Specialist Knowledge

(1) In order for a natural person to be authorised to operate with Category 4 fireworks, Category T2 theatrical pyrotechnic articles or Category P2 pyrotechnic articles and use them in accordance with the procedures specified in this Law, he or she shall require a certificate certifying the specialist knowledge of this person in the field of the circulation of pyrotechnic articles (hereinafter - pyrotechnic certificate).

(2) A natural person shall not receive a pyrotechnic certificate if this person has received a document comparable thereto from another European Union Member State or European Economic Area State certifying the vocational competence thereof.

(3) Persons having reached at least the age of 18 years who have acquired appropriate profession or qualification in an educational institution or who have acquired the necessary vocational education programme for the acquisition of a pyrotechnic certificate, or who have acquired the necessary vocational in-service training or vocation oriented education programme for the acquisition of a pyrotechnic certificate and passed the qualification examination, are entitled to receive a pyrotechnic certificate, if the restrictions specified in Section 7, Paragraph two, Clause 1 do not apply thereto.

(4) The procedure for the acquisition of a pyrotechnic certificate shall be determined by the Cabinet.

(5) A person whose pyrotechnic certificate has been revoked, is entitled to receive a new certificate following the passing of the qualification examination provided for in Paragraph three of this Section, but no sooner than a year following the taking of the decision regarding the revocation of the certificate.

(6) A person shall need to receive a pyrotechnic certificate duplicate if the pyrotechnic certificate has been damaged, lost or stolen, and a repeated pyrotechnic certificate if the personal data indicated therein has changed.

(7) A State fee shall be paid for the issue of a pyrotechnic certificate, the duplicate thereof and a repeated certificate. The amount of the State fee and the procedures for the payment thereof shall be determined by the Cabinet.

(8) The State Police shall register information regarding the pyrotechnic certificate in the Register of Licences and Certificates. The Cabinet shall determine the extent of the particulars to be included in the Register of Licences and Certificates, and the procedures for including particulars, the use and deletion thereof, as well as the institutions to which access to the particulars contained in this Register shall be granted.

Section 20. Revocation of the Pyrotechnic Certificate

(1) The State Police shall revoke a pyrotechnic certificate, if:

1) a person with specialist knowledge violates the procedures for the acquisition, storage, recording, carrying, transportation, sale, use of pyrotechnic articles or for the provision of pyrotechnic services specified in this Law;

2) the restrictions specified in Section 7, Paragraph two, Clause 1 of this Law have taken effect.

The contesting or appeal of a decision shall not suspend the operation thereof.

Chapter VII
Supervision of the Circulation of Pyrotechnic Articles

Section 21. Control of the Circulation of Pyrotechnic Articles

(1) The supervision of the circulation of pyrotechnic articles shall be performed by State administrative institutions according to the competence thereof.

(2) The control of the circulation of fireworks and theatrical pyrotechnic articles in respect of the implementation of the requirements provided for in this Law shall be performed by the State Police according to the competence thereof.

(3) The control of military pyrotechnics in respect of the implementation of the requirements provided for in this Law shall be performed by the Ministry of Defence according to the competence thereof.

Section 22. Market Supervision

(1) The institutions referred to in Section 21 of this Law shall perform inspections at the places of manufacture, storage and sale of pyrotechnic articles, as well as during the provision of pyrotechnic services and control that only such pyrotechnic articles which are correctly stored and comply with the basic safety requirements, for which conformity assessment has been performed and have the CE Conformity Marking, and which do not endanger human health and safety are placed on the market.

(2) When performing the supervision of the circulation of pyrotechnic articles, the controlling institutions shall observe the information provided by the European Commission regarding pyrotechnic articles which are not placed on the market, are prohibited or whose placing on the market is restricted.

(3) If an institution ensuring the control of the relevant commercial activities has sufficient grounds to believe that a pyrotechnic article does not comply with the basic safety requirements and may cause a threat to human health and safety, the relevant institution shall perform all the necessary temporary measures in order to suspend the placing of such an article on the market, until a conformity assessment of the article has been performed.

(4) An institution which has established that a pyrotechnic article does not comply with the basic safety requirements and may endanger human health and safety, shall withdraw it from the market or suspend the trade thereof, until the compliance of this article with the basic safety requirements is ensured. If it is not possible to ensure such compliance, the distributor shall return the pyrotechnic article to the manufacturer, but if this is not possible, shall destroy it.

(5) If a pyrotechnic article which does not comply with the basic safety requirements and which has not had a conformity assessment performed, is marked with the CE Conformity Marking, the institution which ensures the control of the relevant commercial activities, shall hold the person who has marked the relevant pyrotechnic article liable.

(6) The controlling institution shall inform the Ministry of Economics on the pyrotechnic articles which do not comply with the basic safety requirements and endanger human health and safety, on the measures performed in order to suspend the placing on the market of such articles, and on the conformity assessment results, and in its turn, the Ministry of Economics shall inform the European Commission, the European Union Member States and European Economic Area States.

(7) The action and decisions of the institutions referred to in Paragraphs three and four of this Section to prohibit or restrict the placing of a pyrotechnic article on the market or withdrawal from the market may be contested and appealed according to the procedures specified by the Administrative Procedure Law. The contesting or appeal of a decision shall not suspend the operation thereof.

Section 23. Liability for the Violation of the Regulations for the Circulation of Pyrotechnic Articles

A person shall be held liable for the violation of regulations regarding the circulation of pyrotechnic articles specified in this Law and other regulatory enactments, in accordance with the procedures specified by law.

Transitional Provisions

1. Until the day of the coming into force of the Cabinet Regulations referred to in Section 7, Paragraph three; Section 12, Paragraph eight and Sections 14 and 18 of this Law but not later than until 31 July 2011, the following shall be in force:

1) Cabinet Regulation No. 538 of 23 September 2003 Regulations on the Commercial Circulation of Weapons, Munitions, Special Means, Explosives, Explosive Devices and Pyrotechnic Articles, the Classification and Use of Pyrotechnic Articles;

2) Cabinet Regulation No. 488 of 2 September 2003 Regulations on the State Fee for the Issuance of an Authorisation and Special Authorisation (Licence) for all Types of Weapons, Munitions, Special Means, Explosives, Explosive Devices and Pyrotechnic Articles, and the Extension of the Period of Validity thereof.

2. The norms of Section 4, Paragraph three; Sections 10 and 11; Section 19, Paragraph one and Section 22 in respect of other Category P1 and P2 pyrotechnic articles, Category 4 fireworks and theatrical pyrotechnic articles shall be in effect from 4 July 2013.

3. The norms of Section 4, Paragraph three; Sections 10 and 11; Section 19, Paragraph one and Section 22 of this Law shall not apply to the pyrotechnic articles brought into the Republic of Latvia before the coming into force of this Law.

4. Special authorisations (licences) and registration certificates for commercial activities with pyrotechnic articles which have been issued prior to the adoption of this Law shall be in effect until the expiry of the period of validity thereof but not after 23 May 2017.

5. Authorisations for operations with pyrotechnic articles for vehicles shall be in force until the expiry of the time period indicated therein.

Informative Reference to European Union Directive

This Law contains legal norms arising from Directive 2007/23/EC of the European Parliament and of the Council of 23 May 2007 on the placing on the market of pyrotechnic articles.

This Law has been adopted by the Saeima on 23 September 2010.

President V. Zatlers

Rīga, 13 October 2010

 


1 The Parliament of the Republic of Latvia

Translation © 2011 Valsts valodas centrs (State Language Centre)

 
Document information
Status:
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in force
Issuer: Saeima Type: law Adoption: 23.09.2010.Entry into force: 27.10.2010.Theme:  Consumer rights; Environmental rights; State security and protectionPublication: Latvijas Vēstnesis, 162 (4354), 13.10.2010.
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