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)