Text consolidated by Valsts valodas centrs (State
Language Centre) with amending laws of:
16 December 2010 [shall
come into force on 1 January 2011];
29 March 2012 [shall come into force on 1 May
2012];
6 December 2012 [Judgement of the Constitutional Court
shall come into force on 11 December 2012];
19 September 2013 [shall come into force on 1 January
2014];
6 November 2013 [shall come into force on 1 January
2014];
27 March 2014 [shall come into force on 3 April
2014];
30 April 2015 [shall come into force on 1 June
2015];
17 November 2016 [shall come into force on 1 January
2017];
8 December 2016 [shall come into force on 1 January
2017];
7 December 2017 [shall come into force on 1 January
2018];
25 October 2018 [shall come into force on 28 November
2018];
5 December 2019 [shall come into force on 27 December
2019];
30 January 2020 [shall come into force on 5 February
2020];
9 July 2020 [shall come into force on 1 August
2020];
31 March 2022 [shall come into force on 20 April
2022];
15 September 2022 [shall come into force on 3 October
2022];
16 March 2023 [shall come into force on 11 April
2023].
If a whole or part of a section has been amended, the
date of the amending law appears in square brackets at
the end of the section. If a whole section, paragraph or
clause has been deleted, the date of the deletion appears
in square brackets beside the deleted section, paragraph
or clause.
|
The Saeima1 has adopted and
the President has proclaimed the following law:
Waste
Management Law
Chapter I
General Provisions
Section 1. (1) The following terms are used in the
Law:
1) waste - any object or substance which the holder
discards or intends or is required to discard;
2) hazardous waste - waste which displays one or more
of the properties which make it hazardous;
3) municipal waste - unsorted municipal waste and waste
collected separately from households, including paper and
cardboard, glass, metals, plastic, biological waste, wood,
textiles, packaging, waste electrical and electronic equipment,
waste batteries and accumulators, large waste items such as
mattresses and furniture, and also unsorted waste and waste
collected separately from other sources the properties and
composition of which are similar to the waste from households.
Production waste, agricultural waste, waste from forestry and
fishery operations, septic tanks, and waste water sewerage
network and treatment, including sewage sludge, end-of-life
vehicles or waste generated in construction work and during the
process of demolition of structures shall not be considered
municipal waste;
4) production waste - waste generated as a result of
production process or construction;
41) biological waste - biodegradable garden
and park waste, food and kitchen waste from households, offices,
public catering institutions (restaurants, canteens, etc.),
wholesale and retail outlets, and other comparable waste from
food processing plants;
42) food waste - any type of food in
accordance with Article 2 of Regulation (EC) No 178/2002 of the
European Parliament and of the Council of 28 January 2002 laying
down the general principles and requirements of food law,
establishing the European Food Safety Authority and laying down
procedures in matters of food safety, which has become waste;
43) construction waste - waste generated in
construction work and during the process of demolition of
structures;
5) waste holder - any natural or legal person who
complies with at least one of the following conditions:
a) is a waste producer;
b) is a natural or legal person in the actual possession of
which is the waste;
6) waste producer - any natural or legal person whose
activities generate waste (original waste producer) or anyone who
carries out pre-processing, mixing or other operations resulting
in a change in the composition or nature of the waste;
7) waste management - the collection, sorting, storage,
transport, recovery, and disposal of waste (including
incineration in municipal waste incineration facilities without
energy recovery), the supervision of such activities, the
maintenance of disposal sites after their closure, and also trade
in waste and mediation in waste management;
8) waste collection - the gathering of waste, including
the preliminary sorting and preliminary storage of waste for the
purposes of transport to a waste recovery or disposal facility
where preparation of waste for recovery or disposal is
performed;
9) separate waste collection - the collection where a
waste stream is kept separately by type and nature so as to
facilitate preparation of waste for recovery or disposal, and
also the recovery or disposal;
10) landfill site - a specially constructed and
equipped site for the disposal of waste on the ground or in the
ground in which all the measures for environmental protection
specified in laws and regulations are ensured;
11) waste dump - a site for the disposal of waste which
does not conform to the requirements regarding landfill
sites;
12) storage of waste - the storage of waste in
specially applicable and equipped sites for further recovery or
disposal thereof [except for short-term storage (of less than
three months) at the sites of the creation, sorting, and
collection thereof in quantities which do not cause harm to the
environment or threats to human health];
121) waste sorting - manual separation of
individual types of waste from the joint waste stream at the
place where waste is generated, manual, or automated separation
from the joint waste stream at the locations where waste is
collected and sorted, and also in waste recovery and waste
disposal facilities;
13) recovery of waste - any operation the principal
result of which is waste serving a useful purpose in the
production processes or in the national economy by replacing
other materials which would otherwise have been used to fulfil a
particular function, or waste being prepared to fulfil that
function;
14) recycling of waste - any recovery operation by
which waste materials are reprocessed into products, materials,
or substances whether for the original or other purposes,
including the reprocessing of organic materials but excluding
recovery of energy present in waste and the reprocessing into
materials that are to be used as fuels or for backfilling
operations;
15) preparation of waste for re-use - a waste recovery
operation by which a product or components thereof that have
become waste are checked, cleaned, or repaired in order to be
re-used without any further pre-processing;
16) re-use - any operation by which products or
components that are not waste are used again for the same purpose
for which they were conceived;
17) disposal of waste - any other operation performed
with waste which is not considered as waste recovery even where
the operation has as a secondary consequence the reclamation of
substances or energy;
18) preparation of waste for disposal - separation of
waste to be recovered or composted, and also hazardous waste
generated in a household prior to disposal thereof in a landfill
site;
19) waste dealer - any person acting on the behalf
thereof to purchase and subsequently sell waste, including such a
person which does not take physical possession of the waste;
20) waste management broker - any person arranging the
recovery or disposal of waste on behalf of other persons, also
such a person which do not take physical possession of the
waste;
21) waste manager - a merchant, also waste dealer and
waste management broker who has received the relevant permit for
waste management in accordance with the procedures laid down in
this Law or the laws and regulations regarding pollution;
22) electrical and electronic equipment - equipment
which is dependent on electric currents or electromagnetic fields
and equipment for the generation, transfer, and measurement of
electric currents and electromagnetic fields designed for use
with a voltage rating not exceeding 1000 volts for alternating
current and 1500 volts for direct current and falling under the
categories stipulated by the Cabinet;
23) waste electrical and electronic equipment -
electrical or electronic equipment which is considered as waste,
including all components, subassemblies, and consumables which
are part of the product at the time of discarding;
24) waste electrical and electronic equipment from private
households - waste electrical and electronic equipment which
comes from private households or trade, the process of provision
of services, industrial, institutional and from other sources
which, because of its nature and quantity, is similar to waste
electrical and electronic equipment generated from a private
household. Waste from waste electrical and electronic equipment
likely to be used by both private households and users other than
private households shall in any event be considered to be waste
electrical and electronic equipment from private households;
25) prevention of waste electrical and electronic equipment
- aggregate of measures aimed at reducing the quantity, and
also the harmfulness to the environment of electrical and
electronic equipment and materials and substances contained
therein;
26) producer of electrical and electronic equipment -
any person who, regardless of the selling technique used, also
regardless of a distance contract in accordance with the laws and
regulations regarding a distance contract:
a) within the scope of its economic activity manufactures
electrical and electronic equipment under his own name (firm
name) or trademark, or has electric and electronic equipment
designed or manufactured and markets it under his name (firm
name) or trademark within the territory of Latvia;
b) within the scope of its economic activity resells within
the territory of Latvia, under his own name (firm name) or
trademark, equipment produced by other suppliers, except for
cases if the name (firm name) or trademark of the producer
appears on the equipment;
c) within the scope of its economic activity places on the
market of Latvia electrical and electronic equipment from a third
country or from other Member State of the European Union
supplying them for a charge or free of charge for distribution,
consumption, or use;
d) carries out its economic activity in other Member State of
the European Union or third country and, using a distance
contract, sells electrical and electronic equipment in Latvia by
means of a distance contract directly to private households or to
users other than private households;
27) distributor of electrical and electronic equipment
- any person who within the scope of its economic activity
makes an electrical and electronic equipment available on the
market. A distributor of electrical and electronic equipment may
be at the same time a producer of electronic and electrical
equipment within the meaning of this Law;
28) operator of a waste recycling or recovery facility
- a person who manages a waste recycling or recovery facility
and to whom a permit for the performance of Category A or B
polluting activity has been issued in accordance with the laws
and regulations regarding pollution;
29) regional waste management centre - a capital
company of a public entity, a public private capital company, or
a private capital company which performs the administration tasks
delegated by local governments of the relevant waste management
region, implementing the waste management objectives specified in
the State waste management plan and the regional waste management
plan;
30) processing of unsorted municipal waste - any
activities performed by a regional waste management centre with
unsorted municipal waste after acceptance thereof for disposal or
for the preparation thereof for disposal or recovery.
(2) The terms "capital company of a public entity", "public
private capital company", and "private capital company" used in
this Law are used within the meaning of the Law on Governance of
Capital Shares of a Public Entity and Capital Companies.
(3) The term "extended producer responsibility scheme" used in
this Law is used within the meaning of the Natural Resources Tax
Law.
[27 March 2014; 30 April 2015; 7 December 2017; 9 July
2020; 16 March 2023]
Section 2. The purpose of this Law is to prescribe the
procedures for waste management in order to protect the
environment, human life and health by preventing or reducing the
generation of waste, ensuring separate collection and
regeneration of waste generated in the territory of Latvia,
reduction of the amount of waste going to landfill sites, and
also facilitating efficient use of natural resources in order to
increase competitiveness of Latvia and to promote the transition
to the circular economy.
[9 July 2020]
Section 3. (1) This Law shall not apply to:
1) gaseous effluents emitted into the atmosphere;
2) carbon dioxide caught and transported for geological
storage and stored geologically in accordance with the laws and
regulations regarding storage of carbon dioxide;
3) radioactive waste;
4) useless explosives;
5) unexcavated land, also contaminated soil and buildings;
6) uncontaminated soil and other mineral resources excavated
in the course of construction activities and which will be used
for the purposes of construction in their natural state on the
site from which they were excavated;
7) faecal matter, if not covered by Paragraph two, Clause 2 of
this Section, straw and other natural non-hazardous agricultural
or forestry material used in farming, forestry or for the
production of energy from biomass not endangering the environment
or human health;
8) ground relocated inside surface waters for the purpose of
managing waters and waterways or of preventing floods or
mitigating the effects of floods and droughts or land reclamation
if the ground is not considered as hazardous in accordance with
the laws and regulations regarding the procedures for cleaning
and deepening surface water bodies and port basins;
9) batteries and accumulators used in equipment intended for
national security and which are used in weapons, ammunition, and
military equipment, and also in equipment designed to be sent
into space, except for products that are not intended for
specific military purposes.
(2) The provisions of this Law shall not be applied if other
laws and regulations prescribe other procedures for waste
management and they apply to:
1) waste waters;
2) animal by-products and derived products not intended for
human consumption and to which the laws and regulations regarding
animal by-products and derived products not intended for human
consumption apply, except for those by-products which are
destined for incineration, landfilling, or use in a biogas or
composting plant;
3) carcasses of animals that have died other than by being
slaughtered;
4) carcasses of animals killed to eradicate epizootic diseases
which are disposed of in accordance with the laws and regulations
regarding animal by-products and derived products not intended
for human consumption;
5) waste resulting from geological prospecting, extraction,
treatment, and storage of mineral resources and the working of
quarries and to which the laws and regulations regarding
management of waste from extractive industries apply;
6) substances which are intended to be used as feed materials
in accordance with Article 3(2)(g) of Regulation (EC) No 767/2009
of the European Parliament and of the Council of 13 July 2009 on
the placing on the market and use of feed, amending European
Parliament and Council Regulation (EC) No 1831/2003 and repealing
Council Directive 79/373/EEC, Commission Directive 80/511/EEC,
Council Directives 82/471/EEC, 83/228/EEC, 93/74/EEC, 93/113/EC
and 96/25/EC and Commission Decision 2004/217/EC, and that
neither consist of animal by-products nor contain them.
[29 March 2012; 27 March 2014; 9 July 2020]
Section 4. (1) Waste management shall be performed in
such a way as not to threaten human life and health.
(2) Waste management shall not negatively affect the
environment, including:
1) cause threats to the water, air, soil, and also plants and
animals;
2) cause a nuisance through noise or odours;
3) negatively affect the countryside and specially protected
nature territories;
4) pollute or litter the environment.
(3) Waste shall be regarded as secondary raw materials if such
waste conforms to the end-of-waste criteria set out in the legal
acts of the European Union or the end-of-waste criteria
stipulated by the Cabinet and if materials which will be used for
the production of an end product have been obtained therefrom. If
recycling of waste results in a material which may not be
considered a secondary raw material, it shall be considered
waste.
(4) If secondary raw materials are transported to a landfill
site for disposal or if such raw materials are not sold and are
stored longer than one year after their production, they shall be
regarded as waste and shall be managed in accordance with the
requirements laid down in this Law. The Cabinet shall determine
the procedures by which the waste manager records secondary raw
materials.
[7 December 2017; 9 July 2020]
Section 5. (1) In the organisation, planning, and
performing of waste management the following requirements shall
be conformed to (in the following priority order) by the State
administration institutions, local governments, and waste
managers:
1) causes of waste generation must be prevented;
2) the amount (volume) and hazardousness of waste must be
reduced;
3) waste for re-use must be prepared;
4) appropriately prepared waste must be re-used;
5) recycling of waste must be performed;
6) recovery of waste must be performed in other ways, for
example, by acquiring energy;
7) waste must be disposed of in a way that the environment,
human life and health are not threatened;
8) waste dumps must be closed according to waste management
plans, and also re-cultivation of closed waste dumps and landfill
sites must be ensured.
(2) The Cabinet, if necessary, shall determine the types of
the waste in the management of which the priority order of
requirements referred to in Paragraph one of this Section need be
not conformed to on the basis of life-cycle of the products,
general environmental protection principles and in conformity
with the overall impact on the environment, human health,
economics and social conditions of the generation and management
of the relevant waste.
[27 March 2014; 30 April 2015]
Chapter
II
Competence of State and Local Government Authorities
Section 6. The Cabinet shall determine:
1) the waste classification and characteristics which make
waste hazardous and the criteria for by-products;
11) the procedures for the application of the
criteria for by-products and for the termination of application
of waste status;
2) the procedures for the purchase and sale of ferrous and
non-ferrous metal cuttings and scrap;
3) [16 March 2023];
4) the procedures for the collection and management of the
packaging to which the deposit system is not applied and which is
collected at the sales point or specially established packaging
collection point, and the requirements to be set for the
merchants which perform the collection of such packaging;
5) the types of waste collection points and waste sorting
stations, the requirements to be set for the construction and
management of waste collection points, waste sorting stations,
and also biodegradable waste composting sites;
6) the requirements for the management of waste generated in
medical treatment institutions;
7) the requirements for the use and labelling of equipment and
products containing particular dangerous chemical substances;
8) the restrictions on the use of particular dangerous
chemical substances in equipment and products;
9) the requirements for labelling the containers to be used
for the collection of municipal waste.
[29 March 2012; 19 September 2013; 27 March 2014; 7
December 2017; 16 March 2023]
Section 7. (1) The Ministry of Environmental Protection
and Regional Development shall:
1) organise the development of a State waste management plan,
and also coordinate its implementation;
2) prepare draft laws and regulations in the field of waste
management;
3) coordinate and organise the management of hazardous waste
in accordance with this Law and other laws and regulations;
4) coordinate the construction of landfill sites for municipal
waste;
5) evaluate whether the preparation of municipal waste for
re-use, the recycling of waste, and the material recovery, and
also the reduction of the amount of waste going to landfill sites
for municipal waste achieve the objectives identified;
6) if it is necessary to extend the time periods for the
attainment of the objectives referred to in Clause 5 of this
Paragraph, prepare a relevant plan for submission to the European
Commission. The Cabinet shall determine the requirements for the
content of such plan in order to extend the time limits for the
attainment of the objectives which include the preparation of
waste for re-use, the recycling of waste, and the material
recovery, and also the reduction of the amount of waste going to
landfill sites for municipal waste.
(2) Valsts kapitālsabiedrība "Latvijas Vides, ģeoloģijas un
meteoroloģijas centrs" [State limited liability company
Latvian Environmental, Geology and Meteorology Centre] shall:
1) organise hazardous waste management in accordance with this
Law and other laws and regulations if it is impossible to
identify the holder of hazardous waste;
2) compile information on waste management;
3) organise the construction and management of hazardous waste
recovery or disposal facilities and landfill sites of national
significance;
4) ensure the provision of information related to the waste
management to the public, and also to European Union institutions
and international institutions.
[16 December 2010; 30 April 2015; 9 July 2020]
Section 8. (1) A local government:
1) in its administrative territory, in conformity with the
binding regulations of the local government regarding management
of municipal waste, taking into account the State waste
management plan and regional plans, shall organise the management
of the following waste:
a) all municipal waste, including municipally generated
hazardous waste;
b) production waste generated during the construction process
that is not subject to the laws and regulations regarding the
procedures for registering the construction waste and
transportation thereof (hereinafter - the construction waste
generated in households);
2) shall take decisions to place new municipal or production
waste collection, separate collection, sorting, preparation for
recycling and recovery or disposal facilities and infrastructure
objects, and also landfill sites within the administrative
territory thereof according to the State waste management plan
and regional plans;
3) shall issue binding regulations on the management of
municipal waste within the administrative territory thereof by
determining the division of such territory into municipal waste
management zones, the requirements for the waste collection, also
for the minimum frequency of municipal waste collection,
transport, reloading, sorting, and storage, the requirements for
the management of large waste items, hazardous waste, and
construction waste generated in households, the requirements for
organising the separate waste collection, also the frequency for
the collection of such waste, and the procedures for making
payments for waste management;
4) shall take decisions to place of new hazardous waste
recovery or disposal facilities and landfill sites within the
administrative territory thereof according to the State waste
management plan and regional plans;
5) may invest funding in the establishment and maintenance of
waste management system according to the State waste management
plan and regional plans;
6) shall organise a separate waste collection within the
administrative territory thereof according to the State waste
management plan and regional plans;
7) shall supervise and control the payments for closing,
re-cultivation, monitoring of a landfill site for municipal waste
and for maintaining a closed landfill site and costs after
closing the landfill site;
8) shall take a decision on the conformity of the results of a
research and development activity performed by a manager of a
landfill site for municipal waste which is located in the
relevant waste management region or the regional waste management
centre with the objective of the project, i.e. to reduce the
volume of waste to be disposed of in the landfill site, and also
on the necessity to implement the results if the local government
is the holder of capital shares of the relevant regional waste
management centre;
9) shall promote active involvement of inhabitants in waste
prevention and waste sorting by organising educational events and
campaigns promoting waste sorting and also by supporting the
initiatives of inhabitants either independently or in cooperation
with the waste manager or the regional waste management centre
selected in accordance with the procedures laid down in Section
18 of this Law.
(11) Conformity of the results of the research and
development activity performed by the regional waste management
centre with the objective of the project shall be approved when
the decision of the meeting of shareholders on conformity is
taken by at least three quarters of the local governments which
are holders of capital shares of the relevant regional waste
management centre.
(2) A local government shall send the binding regulations
referred to in Paragraph one of this Section to the Ministry of
Environmental Protection and Regional Development in writing
within three working days after signing thereof for the provision
of opinion. The Ministry of Environmental Protection and Regional
Development shall, not later than within two weeks after receipt
of the binding regulations, assess the conformity of these
regulations with the laws and regulations regarding waste
management, the State waste management plan, and regional plans.
If the binding regulations of the local government conform to
laws and regulations and planning documents, the Ministry of
Environmental Protection and Regional Development shall inform
the relevant local government thereof.
(3) If the Ministry of Environmental Protection and Regional
Development has objections in respect of the binding regulations
referred to in Paragraph one of this Section, it shall send a
relevant opinion to the local government. The local government
shall send adjusted draft binding regulations to the Ministry of
Environmental Protection and Regional Development, attaching
information on the objections expressed in the opinion of the
Ministry of Environmental Protection and Regional Development
with which the local government does not agree.
(4) [16 March 2023]
[16 December 2010; 30 April 2015; 17 November 2016; 5
December 2019; 9 July 2020; 16 March 2023]
Chapter
III
Waste Management Plans and Waste Prevention Programme
Section 9. (1) Waste management shall be performed
according to the State waste management plan. Waste management
regional plans and local government plans shall be conformed to
in waste management, if such have been approved.
(2) The Cabinet shall approve the State waste management plan
in which the State waste prevention programme is included, with
an order.
(3) The Ministry of Environmental Protection and Regional
Development together with the Ministry of Economics shall develop
the State waste management plan, including the State waste
prevention programme.
(4) The Cabinet shall determine the content of the State waste
management plan and regional plans and the procedures for
co-ordination, public discussion, implementation, assessment, and
review thereof.
(5) The Cabinet shall determine the measures for the
prevention of waste to be included in the State waste management
plan and the measures promoting application of waste management
activities in order of priority.
[16 December 2010; 30 April 2015; 9 July 2020]
Section 10. (1) The Cabinet shall determine the waste
management regions.
(2) Local governments that form part of the waste management
region shall develop a regional waste management plan. The
regional waste management plan shall enter into effect after it
has been approved by all local governments that are part of the
waste management region. The local government shall submit the
decision on approval of the regional waste management plan to the
Ministry of Environmental Protection and Regional Development
within 10 working days after taking thereof.
(21) If any of the local governments that form part
of the waste management region does not agree to approve the
regional waste management plan referred to in Paragraph two of
this Section, it shall develop a waste management plan for its
administrative territory in accordance with the procedures laid
down in Paragraph three of this Section, taking into account the
requirements of laws and regulations, and also the State waste
management plan and the regional waste management plan of the
region in which administrative territory of the local government
is located.
(3) A local government, if necessary, shall, in conformity
with the relevant regional waste management plan, organise the
development of a municipal waste management plan for its own
administrative territory, and approve it. The local government
shall submit the decision on approval of its waste management
plan to the Ministry of Environmental Protection and Regional
Development within 10 working days after taking thereof.
[16 December 2010; 30 April 2015; 9 July 2020; 16 March
2023]
Section 10.1 (1) In developing the regional
waste management plan, local governments shall determine the
following therein in addition to the provisions of the laws and
regulations regarding State and regional waste management plans
and the State waste prevention programme in relation to the waste
management region:
1) the landfill sites for municipal waste in which disposal of
municipal waste will be continued and the landfill sites for
municipal waste in which disposal of municipal waste will be
discontinued;
2) the provisions for the operation of landfill sites for
municipal waste;
3) the number of the regional waste management centres;
4) the local governments which participate in the
establishment and operation of each regional waste management
centre.
(2) A local government may, in conformity with the provisions
of the laws and regulations regarding local governments and the
State Administration Structure Law, delegate the following
administration tasks to the regional waste management centre:
1) to ensure the introduction of the regional waste management
plan, taking into account the competence of local governments
specified in this Law in the field of waste management;
2) independently or in cooperation with the local governments
of the relevant waste management region and the waste manager
chosen in accordance with the procedures laid down in Section 18
of this Law, to promote active involvement of inhabitants in
waste sorting, the prevention and reduction thereof by organising
educational events and campaigns promoting waste sorting, the
prevention and reduction thereof, and also by supporting
initiatives of inhabitants;
3) to aggregate and provide, upon request, information to
State and local government authorities on the municipal waste
management in the relevant waste management region and each local
government which is a part of the relevant regional waste
management centre in order to assess the fulfilment of the
objectives for waste recycling and the reduction of waste
disposal.
[16 March 2023]
Section 11. (1) Waste prevention is a complex of such
measures which are applied while substance, material, or product
is not considered as waste and as a result of application of
which the following reduce:
1) the quantity of generated waste, including through the
re-use of products or the extension of the life span of
products;
2) the adverse impacts of the generated waste on the
environment, human life and health, and also persons'
property;
3) the concentration of hazardous substances in materials and
products.
(2) The State waste prevention programme shall determine the
objectives of waste prevention and measures for achievement of
such objectives. The Cabinet shall determine the content of the
State waste prevention programme, the procedures for public
discussion, implementation, and review thereof, and also
qualitative and quantitative indicators of waste prevention.
(3) The Cabinet shall determine the content of the food waste
prevention programme and the procedures for implementing
monitoring of the waste prevention measures.
[9 July 2020]
Chapter
IV
Waste Management Permits and Inspections
Section 12. (1) Prior to the performance of the
relevant activities the waste manager shall receive a permit from
the State Environmental Service for:
1) collection of waste;
2) transport of waste;
3) reloading of waste;
4) sorting of waste;
5) storage of waste;
6) digging up of a closed or re-cultivated waste dump and
resorting of waste.
(11) Prior to digging up of a re-cultivated waste
dump the waste manager shall coordinate such activities with the
land owner on whose land the relevant re-cultivated waste dump is
located, and with the local government in the administrative
territory of which the abovementioned waste dump is located.
(12) In order to obtain a permit for the activities
referred to in Paragraph one of this Section, and also for the
recycling or recovery of waste in accordance with the laws and
regulations regarding pollution, the waste manager shall submit a
financial security to the State Environmental Service. The
financial security shall be a first demand guarantee letter
issued by a credit institution or an insurance policy issued by
an insurer which includes irrevocable commitment of the insurer
to disburse the insurance compensation upon the first request of
the State Environmental Service, and also incontestability of
such request.
(13) The waste manager shall maintain the financial
security in effect throughout the term of operation of the
permit. If during the term of operation of the permit the waste
manager does not have a valid financial security, the operation
of the permit is suspended until submission of the relevant
security to the State Environmental Service.
(14) The State Environmental Service is entitled to
request the compensation of the financial security either in full
or partial amount depending on the execution of the commitment of
the waste manager. The State Environmental Service shall utilise
the received compensation to cover the expenditures in cases
where the waste manager:
1) has failed to transport the waste to the intended place and
collection, transport, storage, or recycling of the relevant
waste must be ensured;
2) has failed to recycle or recover waste in the specified
volume and the recycling and recovery thereof must be
ensured;
3) has failed to ensure the re-cultivation of a closed or
re-cultivated waste dump after digging up of the waste dump and
resorting of waste and re-cultivation of the territory must be
ensured.
(15) The amount of the financial security shall be
determined, taking into account the type of the permit for a
waste management, recycling, or recovery activity.
(16) The State Environmental Service has the right
to request that the provider of the financial security disburses
the amount of the financial security within six months after
expiry of the term of the financial security if the basis for
such disbursement has incurred during the term of operation of
the financial security.
(17) If several permits have been issued to the
waste manager for the activities referred to in Paragraph one of
this Section or for the recycling or recovery of waste in
accordance with the laws and regulations regarding pollution, it
may submit to the State Environmental Service one financial
security for the activity for which the largest financial
security has been determined. The State Environmental Service is
entitled to request the compensation of the financial security
either in full or partial amount depending on the fulfilment of
obligations of the waste manager in respect of any permit issued
to the waste manager for the activities referred to in Paragraph
one of this Section or for the recycling or recovery of waste in
accordance with the laws and regulations regarding pollution for
which a separate financial security has not been submitted to the
State Environmental Service.
(18) The financial security shall not be applied to
the following:
1) biogas production or composting plants the operator of
which uses animal by-products and derived products for the biogas
production or composting in accordance with Regulation (EC) No
1069/2009 of the European Parliament and of the Council of 21
October 2009 laying down health rules as regards animal
by-products and derived products not intended for human
consumption and repealing Regulation (EC) No 1774/2002 (Animal
by-products Regulation) (hereinafter - Regulation (EC) No
1069/2009) and Commission Regulation (EU) No 142/2011 of 25
February 2011 implementing Regulation (EC) No 1069/2009 of the
European Parliament and of the Council laying down health rules
as regards animal by-products and derived products not intended
for human consumption and implementing Council Directive 97/78/EC
as regards certain samples and items exempt from veterinary
checks at the border under that Directive (hereinafter -
Regulation (EC) No 142/2011) and for the operation of which a
permit has been issued for the performance of a polluting
activity in accordance with the laws and regulations regarding
pollution;
2) waste water treatment plants for the operation of which a
permit has been issued for the management of sewage sludge
generated by waste water treatment plants in accordance with the
laws and regulations regarding pollution;
3) biogas production or composting plants the operator of
which uses plant-based agricultural waste for the biogas
production or composting and for the operation of which a permit
has been issued for the performance of a polluting activity in
accordance with the laws and regulations regarding pollution.
(19) A deposit system operator which, in accordance
with the procedures laid down in the Packaging Law, has entered
into a contract with the State Environmental Service for the
ensuring of the operation of a deposit system in the entire
territory of Latvia and has submitted a financial security to the
State Environmental Service in accordance with the Natural
Resources Tax Law shall not submit a separate financial security
to the State Environmental Service for obtaining a permit for the
activities referred to in Paragraph one of this Section or for
the recycling or recovery of waste in accordance with the laws
and regulations regarding pollution.
(110) If, within three months from the moment when
the term of the financial security has expired, the waste manager
has not submitted the financial security specified in Paragraph
1.2 of this Section, the State Environmental Service
shall revoke the waste management permit.
(2) The Cabinet shall determine:
1) the procedures for issuing, amending, updating, and
revoking the permits for the collection, transport, reloading,
sorting, or storage of waste;
2) the requirements to be set in the waste management
permits;
3) the forms for the permits for the collection, transport,
reloading, sorting, or storage of waste;
4) [30 April 2015];
5) [30 April 2015];
6) the procedures for the issue and revocation of a permit for
the digging up of the re-cultivated waste dump and resorting of
waste, the requirements to provided for in the permit, the
requirements for repeated re-cultivation of the waste dump after
its digging up and resorting of waste (including the requirements
for the monitoring of the repeatedly re-cultivated waste dump
after re-cultivation);
7) the procedures by which the waste manager submits the
financial security to the State Environmental Service, the
prolongation or renewal thereof;
8) the procedures for requesting the financial security, the
amount thereof, and the conditions for the differentiation of the
amount thereof, the time period for issuing, prolonging, or
renewing the security, and also samples of financial security
documents;
9) the procedures by which a waste dealer or waste management
broker shall submit the financial security to the State
Environmental Service, the prolongation or renewal thereof;
10) the procedures for requesting the financial security for
the trade in waste and waste management brokerage, the amount
thereof, the time period for issuing, prolonging, or renewing the
security, and also samples of financial security documents.
(3) The waste manager referred to in Paragraph one of this
Section shall pay the State duty for issuing or amending the
permit for the collection, transport, reloading, sorting, or
storage of waste and for digging up of the re-cultivated waste
dump and resorting of waste. The amount for the State duty and
procedures for payment shall be determined by the Cabinet.
(4) Legal persons which store hazardous waste or production
waste for more than three months shall receive a permit specified
in Paragraph one of this Section for storage of waste for a
period of time which does not exceed one year prior to disposal
of waste in a landfill site or for a period of time which does
not exceed three years before recovery of waste.
(5) A manager of hazardous waste or production waste
shall:
1) receive the permit referred to in Paragraph one of this
Section for the collection, transport, reloading, sorting, or
storage of hazardous waste or production waste;
2) receive a permit for the recovery or disposal of hazardous
waste or production waste in accordance with the laws and
regulations regarding pollution.
(6) The permits referred to in Paragraph one of this Section
shall not be required for the following:
1) collection points for separately collected municipal waste
and separately collected municipal hazardous waste, including
portable batteries and accumulators, which are placed at the
sales points;
2) the waste producer or holder for the collection of waste in
the possession thereof and for the temporary storage prior to
transferring such waste to the waste manager.
(7) The permits referred to in Paragraph one, Clause 2 of this
Section shall not be required for the following:
1) the transportation of the used beverage deposit packaging
to the deposit packaging registration centre;
2) the transportation of animal by-products and derived
products corresponding to Regulation (EC) No 1069/2009 or
Regulation (EC) No 142/2011.
[27 March 2014; 7 December 2017; 25 October 2018; 9 July
2020; 9 December 2021; 16 March 2023]
Section 12.1 (1) Prior to the commencement
of the relevant activities a waste dealer or a waste management
broker shall register with the State Environmental Service. The
Cabinet shall determine the procedures for the registration of
waste dealers and waste management brokers by the State
Environmental Service.
(11) A waste dealer or waste management broker
shall pay the State duty for the registration of a waste dealer
or waste management broker or for amending the registered
information. The amount for the State duty and procedures for
payment shall be determined by the Cabinet.
(2) The waste dealer or waste management broker may perform
the relevant activities if a contract has been entered into with
the waste manager which has received a permit for the activities
referred to in Section 12, Paragraph one, Clause 2, 5, or 6 of
this Law or for recycling and recovery.
(3) The waste dealer or waste management broker shall notify
the State Environmental Service of the contracts entered into,
and also the transactions performed, indicating the type, volume,
and recipient of waste or secondary raw materials.
(4) The Cabinet shall determine the procedures by which the
waste dealer or waste management broker notifies of the contracts
entered into and the transactions performed.
(5) In order to register with the State Environmental Service,
the waste dealer and the waste management broker shall submit a
financial security to the State Environmental Service in
accordance with the requirements of Section 12, Paragraph
1.2 of this Law.
(6) The waste dealer and the waste management broker are not
entitled to perform any activities regarding the trade in waste
or waste management brokerage without a valid financial security.
The waste dealer and the waste management broker shall maintain
the financial security valid at all times while it is registered
with the State Environmental Service. If during this time the
waste dealer or the waste management broker does not have a valid
financial security, registration activity of the waste dealer or
the waste management broker shall be suspended until the
financial security is submitted to the State Environmental
Service.
(7) If the waste manager has been registered with the State
Environmental Service as a waste dealer or waste management
broker and has obtained a permit for the performance of the
activities referred to in Section 12, Paragraph one of this Law,
or a permit for waste recycling or recovery in accordance with
the laws and regulations regarding pollution, it may submit one
financial security to the State Environmental Service. In such
case, the amount of the financial security shall be calculated,
adding up the financial security for the activity in accordance
with Section 12, Paragraph 1.7 of this Law and the
financial security for the trade in waste or waste management
brokerage.
(8) The State Environmental Service shall request the
compensation of the financial security either in full or partial
amount depending on the fulfilment of obligations of the waste
dealer or waste management broker in order to cover expenditures
related to the collection, transportation, storage, recycling, or
disposal of waste if the waste has not been transported to the
intended place as a result of activity or failure to act of the
waste dealer or waste management broker.
(9) The State Environmental Service has the right to request
that the provider of the financial security disburses the amount
of the financial security within six months after expiry of the
term of the financial security if the grounds for such
disbursement have arisen in the term of operation of the
financial security.
(10) If the waste dealer or waste management broker has not
submitted the financial security specified in Paragraph five of
this Section within three months after expiry of the term of the
financial security, the State Environmental Service shall revoke
the registration of trade in waste or waste management
brokerage.
[7 December 2017; 9 July 2020; 16 March 2023]
Section 12.2 It shall be permitted to
advertise commercial activity with waste only after the waste
manager has received a permit for the performance of a polluting
activity in accordance with the laws and regulations regarding
pollution or a waste management permit in accordance with Section
12 of this Law, or after the State Environmental Service has
taken the decision on registration of a waste dealer or waste
management broker. The merchant shall indicate the number and
date of issue of the permit obtained or the number and date of
taking of the decision of the State Environmental Service in the
advertisement.
[16 March 2023]
Section 13. (1) A decision taken by the State
Environmental Service in relation to a waste management permit
may be contested to the Environment State Bureau in accordance
with the procedures laid down in the Administrative Procedure
Law. A decision of the Environment State Bureau may be appealed
in the Administrative District Court in accordance with the
procedures laid down in the Administrative Procedure Law. An
application to a court shall not suspend the operation of the
administrative act.
(2) If according to the conditions of a waste management
permit it is possible to commence or continue such polluting
activities which may cause significant negative impact on the
environment or endanger human life or health, the conditions of
the permit may be disputed at any time while it is in effect.
(3) If a decision is disputed in the Environment State Bureau
in accordance with Paragraphs one and two of this Section, the
operation of the relevant permit shall not be suspended. If the
continuation of the operation of the permit may cause significant
negative impact on the environment, the Environment State Bureau
shall take a decision to suspend the operation of the relevant
permit.
(4) If a decision is contested on the operation of such
existing facilities for which it is necessary to extend the time
period of the waste management permit or another type of permit
is necessary, the operation of the facilities shall not be
suspended, except for the case where the operation of the
facilities is suspended in accordance with the procedures laid
down in the laws and regulations regarding pollution.
Section 14. (1) The State Environmental Service shall,
on regular intervals accordingly, control the operation of a
waste manager, and also the operation of such merchant which
generates waste, in accordance with the laws and regulations in
the field of waste management and the relevant permit,
particularly in respect of origin, properties, quantity of the
collected and transported waste and destination of transport
thereof. If there is a reasonable suspicion of violation of the
requirements of the laws and regulations in the field of waste
management, violation of the conditions of a waste management
permit or a permit for the performance of polluting activities,
and also in the cases where responsible officials of the merchant
have been involved in the violation of the requirements of the
laws and regulations regarding environmental protection, the
State Environmental Service has the right to perform control of
the waste stream, using technical means, and also to make control
purchases. The Cabinet shall determine the procedures by which
officials of the State Environmental Service shall make control
purchases.
(11) The State Environmental Service shall maintain
a website regarding separate collection of waste at
www.skiroviegli.lv (hereinafter - the waste sorting website) and
ensure the operation thereof. The Cabinet shall determine the
requirements for the amount of the information to be posted on
the waste sorting website regarding publicly accessible points
for separate collection of waste and fields for separate
collection of waste, and the procedures for entering and updating
such information.
(2) The Health Inspectorate shall, within the competence
thereof, control the waste management referred to in Section 6,
Clause 6 of this Law in medical treatment institutions.
(3) The State Environmental Service shall control compliance
with the requirements referred to in Section 12.2 of
this Law.
[29 March 2012; 27 March 2014; 9 July 220; 16 March
2023]
Chapter V
Duties of Waste Producers, Holders, and Waste Managers
Section 15. (1) The collection, reloading, sorting,
storage, recovery, or disposal of waste shall be permitted only
in places intended therefor. Waste incineration shall be
permitted only in special incineration or co-incineration plants
which have received a permit for a polluting activity in
accordance with the laws and regulations regarding pollution.
Waste incineration in other firing equipment or fire is
prohibited, except for waste incineration in gardens and parks at
the place of their origination in accordance with the binding
regulations of the local governments and cases when it is
necessary in accordance with the laws and regulations regarding
plant protection.
(2) An owner or a lessee within whose property municipal waste
has been generated has an obligation to ensure a place for a
waste container and an access to the waste collection point for
the vehicle of the waste manager who has entered into a contract
with a local government for the municipal waste management.
(3) The local government may determine other techniques for
waste collection in binding regulations, if a land owner within
whose property municipal waste is generated cannot comply with
the provisions of Paragraph two of this Section due to objective
reasons.
(4) A land owner within whose property municipal, hazardous,
and production waste is placed illegally in a place not intended
for that purpose shall transfer such waste to a waste manager who
has received a permit for the relevant waste management, shall
cover the management costs for such waste and is entitled to
request compensation for losses from the producer of such waste.
If the producer of the relevant waste is established, the waste
management costs shall be covered by the producer of the relevant
waste.
[16 March 2023]
Section 16. (1) The original producer or holder of
municipal waste shall participate in the management of municipal
waste organised by a local government, including separate
collection of waste by complying with the laws and regulations
regarding waste management (also with the binding regulations
issued by the local government) and entering into a contract for
the collection and transport of municipal waste with the waste
manager which has entered into a relevant contract with the local
government in accordance with Section 18 of this Law.
(11) The original producer, holder or former holder
of municipal waste shall cover all the costs related to the
management of the municipal waste generated by it, including
management of hazardous waste generated in households, that also
include those related to the necessary infrastructure and
operation thereof.
(2) The owner, possessor, user of a summer cottage or a summer
residence (including summer cottages and summer residences
situated within the territory of a horticultural association) or
another building of temporary residence or a person authorised by
him or her shall, in conformity with the laws and regulations
regarding waste management (also the binding regulations issued
by the local government) and in accordance with Paragraph one of
this Section, enter into a contract for the collection,
transport, reloading, and storage of municipal waste with the
waste manager who has entered into a relevant contract with the
local government, and also cover all costs related to the
management of municipal waste generated by him, including
municipally generated hazardous waste.
(3) A municipal waste manager who has been selected by the
local government in accordance with the procedures provided for
in this Law shall enter into a contract with waste producers and
holders present within the administrative territory of the local
government for the municipal waste management, determining a time
period of the contract which is not longer than the time period
of the contract which has been entered into by and between the
municipal waste manager and the local government.
(4) The initial producer of municipal waste, possessor, or
person referred to in Paragraph two of this Section shall enter
into a contract with the municipal waste manager for the
collection and transport of municipal waste not later than within
two months from the day when the local government has informed
the manager of municipal waste with which it has entered into a
contract for the collection, transport, reloading, sorting, and
storage of municipal waste in the relevant municipal waste
management zone.
(5) If until entering into the contract referred to in
Paragraph four of this Section the initial producer of municipal
waste, holder, or the person referred to Paragraph two of this
Section has notified the waste manager in writing or otherwise of
the necessity to receive the municipal waste management
service:
1) the municipal waste manager has an obligation to provide
the waste management service;
2) the initial producer of municipal waste, holder, or the
person referred to in Paragraph two of this Section has an
obligation to cover all costs related to the management of
municipal waste generated thereby.
[30 April 2015; 17 November 2016; 7 December 2017; 30
January 2020; 9 July 2020]
Section 17. (1) The initial producer or holder of
hazardous waste or production waste shall:
1) separate hazardous waste or production waste from other
types of waste;
2) store hazardous waste or production waste so that it does
not threaten the environment, human life and health, and also the
property of persons;
3) deliver the hazardous waste or production waste to
specially equipped collection sites of hazardous waste or
production waste or enter into a contract with the relevant waste
manager for the hazardous waste or production waste
management;
4) cover the costs of hazardous waste or production waste
management.
(11) The initial producer, holder or former holder
of hazardous waste or production waste shall cover all the costs
related to the management of hazardous waste or production waste,
including those related to the necessary infrastructure and
operation thereof.
(2) A producer of production waste may enter into a contract
with the waste manager referred to in Section 18, Paragraph one
of this Law for the management of the generated production
waste.
(3) Recovery or disposal facilities of the relevant waste
shall be specified in the contract referred to in Paragraph one,
Clause 3 and Paragraph two of this Section.
(4) A manager of hazardous waste or production waste shall
organise specially equipped hazardous waste or production waste
collection sites.
(5) The Cabinet shall determine the procedures by which a
producer or manager of hazardous waste (except for municipal
hazardous waste) shall ensure identification, record-keeping,
packing, marking of generated or managed hazardous waste and
keeping of transport records.
(6) The Cabinet shall determine the procedures by which
keeping of transport records shall be performed by an institution
authorised by the Ministry of Environmental Protection and
Regional Development or a merchant which has been delegated such
task by the Ministry of Environmental Protection and Regional
Development, by entering into a delegation contract in accordance
with the procedures laid down in the State Administration
Structure Law, and also the fee for keeping of transport records
of hazardous waste and the procedures for payment thereof.
(7) The merchant referred to in Paragraph six of this Section
shall, in relation to the fulfilment of the task - to perform
keeping of transport records of hazardous waste - be subordinate
to the Ministry of Environmental Protection and Regional
Development.
(8) The Cabinet shall determine the procedures for the
management of certain types of waste for the management of which
special requirements are to be set because of their hazardousness
or other properties, including waste oil products, waste
containing polychlorinated biphenyls and polychlorinated
terphenyls, waste batteries and accumulators, waste from the
titanium dioxide industry, and asbestos waste.
(9) The Cabinet shall determine the procedures for ensuring of
record-keeping of construction waste generated or managed and
transport thereof by a construction waste producer or
manager.
(10) The Cabinet shall determine the procedures by which
keeping of transport records of construction waste shall be
performed by an institution authorised by the Ministry of
Environmental Protection and Regional Development or a merchant
which has been delegated such tasks by the Ministry of
Environmental Protection and Regional Development, by entering
into a delegation contract in accordance with the procedures laid
down in the State Administration Structure Law, and also the fee
for the keeping of transport records of construction waste and
the procedures for payment thereof.
(11) The merchant referred to in Paragraph ten of this Section
shall, in relation to the fulfilment of the task - to perform
keeping of transport records of construction waste - be
subordinate the Ministry of the Environmental Protection and
Regional Development.
[16 December 2010; 6 November 2013; 9 July 2020]
Section 17.1 (1) The operator of a waste
recycling or recovery facility or waste disposal facility shall,
after receipt of municipal, production, construction, or
hazardous waste for recycling, recovery, or disposal, make the
relevant entry thereon in the State information system for
record-keeping of waste transport.
(2) The Cabinet shall determine:
1) the procedures by which an institution authorised by the
Ministry of Environmental Protection and Regional Development or
a merchant on the basis of a delegation contract keeps records of
municipal, production, construction, or hazardous waste received
for recycling, recovery, or disposal in the State information
system for record-keeping of waste transport;
2) the fee for keeping the records of municipal, production,
construction, or hazardous waste received for recycling, recovery
or disposal, and the procedures for paying it;
3) the procedures by which a person who performs recycling,
recovery, or disposal activities of municipal, production,
construction, or hazardous waste confirms the receipt of
transport;
4) the procedures by which the operator of a waste recycling,
recovery, or disposal facility notifies of the receipt of
municipal, production, construction, or hazardous waste for the
recycling, recovery, or disposal;
5) the procedures by which the waste dealer or waste
management broker ensures record-keeping of the transported
municipal, production, construction, or hazardous waste in the
State information system for record-keeping of waste
transport;
6) the content of the State information system for
record-keeping of waste transport and the provisions and the
procedures for processing (submitting, updating, storing,
requesting and providing) the data included in the information
system.
(3) If keeping of records in the State information system for
record-keeping of waste transport is ensured by a merchant on the
basis of a delegation contract, such merchant shall be
subordinate to the Ministry of Environmental Protection and
Regional Development.
[7 December 2017; 9 July 2020]
Section 18. (1) A local government shall, in accordance
with the procedures laid down in the laws and regulations
governing public procurement or public-private partnership,
select a waste manager which will perform the collection,
transport, reloading, sorting, and storage of municipal waste and
construction waste generated in households in the relevant
municipal waste management zone, determining the economically
most advantageous offer as the criterion for selecting an
offer.
(11) The local government shall organise a joint
public procurement or public-private partnership procedure when
selecting the waste manager which will perform the collection,
transport, reloading, sorting, and storage of the municipal waste
and construction waste generated in households within a waste
management zone, or a separate public procurement or
public-private partnership procedure when selecting the waste
manager which will perform the collection, transport, reloading,
sorting, and storage of the municipal waste and construction
waste generated in households.
(2) The local government shall include in the work task the
requirements in relation to the qualification of employees of the
tenderer, the ability to perform the management of municipal
waste and the technical or financial capacity to perform the
management of municipal waste in a particular zone and also
indicate a landfill site for municipal waste or regional waste
management centre where the municipal waste generated in the
administrative territory of this local government shall be
transported for disposal according to the State waste management
plan and the regional waste management plan. The Cabinet shall
determine the minimum requirements to be included by the local
government in the work task.
(3) Local governments, upon mutual agreement, may determine a
joint municipal waste management zone in which administrative
territories of several local governments of one waste management
region are included.
(4) In order to ensure the continuity of the provision of the
management service of municipal waste or construction waste
generated in households, a local government shall ensure the
announcement of a public procurement or public-private
partnership procedure regarding the provision of a waste
management service 12 months prior to expiry of the term of the
contract entered into with the waste manager.
(5) Within the scope of the public procurement or
public-private partnership procedure, a tenderer (candidate) of
management of municipal waste or construction waste generated in
households shall submit an extended calculation of the payment
for the management of municipal waste or construction waste
generated in households to the local government.
(6) The local government shall enter into a contract with the
waste manager which has been selected in accordance with the
procedures laid down in the laws and regulations governing public
procurement or public-private partnerships and which will perform
the collection of municipal waste within the relevant municipal
waste management zone after expiry of the previous contract,
including separate collection, transport, reloading, sorting, and
storage or collection, transport, reloading, sorting, and storage
of construction waste generated in households. Each local
government shall enter into a contract with the selected waste
manager separately in the case specified in Paragraph three of
this Section.
(61) If after expiry of the term of the contract
referred to in Paragraph six of this Section a local government
has not entered into a new contract with the waste manager, until
entering into a new contract it may continue cooperation with the
current waste manager, but for not longer than for six months
after expiry of the term of the contract referred to in Paragraph
six of this Section.
(62) If the waste manager is not willing or able to
ensure the activity in accordance with the contract entered into,
a local government has an obligation to arrange the negotiated
procedure in accordance with the laws and regulations governing
public procurements in order to select a temporary waste manager
until selection of the waste manager in accordance with the
procedures laid down in Paragraph one of this Section.
(7) The local government and the waste manager shall enter
into the contract referred to in Paragraph six of this Section
for a time period which is not less than three years and not more
than seven years. The contract in accordance with the procedures
laid down in the laws and regulations regarding public-private
partnership may be entered into for a time period which does not
exceed 20 years.
(8) The local government shall inform the waste producers, and
also the persons referred to in Paragraph nine of this Section,
within the administrative territory thereof, of the division of
such territory into municipal waste management zones and of the
municipal waste manager with which it has entered into a contract
for the collection, transport, reloading, sorting, and storage of
municipal waste in the relevant municipal waste management zone
within one month after the day of entering into such contract.
Contracts for the collection, transport, reloading, sorting, and
storage of municipal waste which have been entered into by a
waste producer or holder and a municipal waste manager that has
not entered into a contract with the local government shall
become invalid within three months from the day when the local
government has entered into a contract with a municipal waste
manager on the collection, transport, reloading, sorting, and
storage of municipal waste within the administrative territory
thereof.
(9) Persons who are the contracting authorities within the
meaning of the laws and regulations regarding public procurement
or public partnerships within the meaning of the laws and
regulations regarding public-private partnerships, need not
perform a public procurement or public-private partnership
procedure for municipal waste collection and transport, but
rather enter into a contract for the collection, transport,
reloading, sorting, and storage of municipal waste with the waste
manager which has been selected by the local government in
accordance with the procedures laid down in this Section.
(10) [30 April 2015]
(11) The Cabinet shall determine the essential provisions of a
contract between the local government and the waste manager, and
also the essential provision of a contract between the waste
producer and the waste manager.
[30 April 2015; 17 November 2016; 30 January 2020; 16 March
2023]
Section 19. (1) It is prohibited to mix hazardous waste
of different categories, and also to mix hazardous waste with
municipal waste or production waste.
(2) In order to ensure the management of hazardous waste in
accordance with the requirements of Section 4 of this Law, a
producer, owner, or manager of hazardous waste shall, in the case
where the hazardous waste, except for the hazardous waste
generated in households, is mixed without complying with the
requirements of Paragraph one of this Section, perform separation
of the mixed waste, where possible, taking into account technical
and economic capabilities. If it is impossible to separate the
mixed waste, the producer, owner, or manager of hazardous waste
shall ensure that the mixed waste is managed by an owner or
manager of the facilities referred to in Section 21, Paragraph
one of this Law.
[27 March 2014; 30 April 2015; 9 July 2020]
Section 20. (1) The initial waste producer or holder
may:
1) perform recovery or disposal of the generated waste or
waste in the possession thereof, if he or she has received the
relevant permit for the performance of Category A or B polluting
activities in accordance with the laws and regulations regarding
pollution;
2) ensure that recovery or disposal of the generated waste or
waste in the possession is performed by a waste manager which has
received the relevant permit for the performance of Category A or
B polluting activities in accordance with the laws and
regulations regarding pollution;
3) ensure that recovery or disposal of the generated waste or
waste in the possession is organised by waste managers which
perform the collection and transport of waste in accordance with
the provisions of Section 16 of this Law regarding municipal
waste or the provisions of Section 17 of this Law regarding
hazardous waste and production waste;
4) collect himself or herself separately the waste generated
by himself or herself or waste in his or her possession and
deliver separately the collected waste for recovery to the
merchant which has received the relevant permit for the
performance of Category A or B polluting activities in accordance
with the laws and regulations regarding pollution.
(2) Taking into account the requirements of Section 4 of this
Law, waste managers which are performing the collection and
transport of waste shall ensure the delivery of the collected and
transported waste to the facilities in which waste is recovered
or disposed, and also the preparation of waste for recovery or
disposal and the operator of which has received the relevant
permit for the performance of polluting activities in accordance
with the laws and regulations regarding pollution.
(3) The waste management merchant shall ensure that the
preparation of waste for re-use, the recycling, or any other
recovery activities are performed in conformity with the
requirements of Sections 4 and 5 of this Law. For this purpose,
waste shall be collected separately and shall not be mixed with
other waste or materials which have different properties or which
reduce the quality of the separately collected waste. The Cabinet
shall determine the requirements for the separate collection of
waste.
(31) The waste management merchant shall ensure
that, before and after waste recovery, the dangerous substances,
mixtures thereof and components produced from hazardous waste are
separated from the waste intended for recovery or from the waste
subject to recovery activities in order to ensure conformity with
the requirements of Sections 4 and 5 of this Law and to
facilitate waste recovery.
(4) In accordance with the State waste management plan and the
regional waste management plan, a local government shall, in
cooperation with the waste manager referred to in Section 18,
Paragraph one of this Law, organise separate collection of
municipal waste, including at least paper, metal, plastic, glass,
textiles, hazardous waste generated in households, and biological
waste, in its administrative territory. The Cabinet shall
determine the categories of such municipal waste which shall be
collected separately and the term for ensuring of the separate
collection service of municipal waste.
(5) The local government, the waste manager referred to in
Section 18, Paragraph one of this Law, the regional waste
management centre, and the waste manager who performs preparation
of waste for re-use, the recycling of waste, and the material
recovery shall ensure the preparation of the waste referred to in
Paragraph four of this Section for re-use, recycling, and
material recovery thereof.
(51) In order to accomplish the objectives referred
to in Paragraph five of this Section, separately collected waste
may not be incinerated without energy recovery, except for waste
arising from recycling or recovery of separately collected waste,
provided that incineration of such waste is less harmful to the
environment than disposal thereof in accordance with Section 4 of
this Law.
(52) The Cabinet shall determine:
1) the objectives for the preparation of municipal waste for
re-use, the recycling of waste, and the material recovery and the
time limits for the fulfilment thereof;
2) the procedures by which the Ministry of Environmental
Protection and Regional Development shall ensure the
determination of the quantity of composted biological waste,
waste intended for re-use, and food waste in particular weight
and the frequency of determination;
3) the requirements for informing the European Commission of
the fulfilment of the objectives in relation to the preparation
of municipal waste for re-use, the recycling of waste, and the
material recovery, and also the objectives referred to in
Paragraph seven of this Section;
4) the processing objectives of biological waste and the time
limits for the fulfilment thereof.
(6) The activities referred to in Paragraph five of this
Section may be performed by the owner or manager of a landfill
site for municipal waste or the regional waste management centre
if the relevant permits have been obtained.
(7) Performers of construction work whose economic activities
result in construction waste or building demolition waste and
waste managers that prepare construction waste or building
demolition waste for re-use shall perform recycling or material
recovery thereof, including the use thereof to fill excavated
voids, and ensure the fulfilment of the objectives in relation to
the preparation of construction waste and building demolition
waste for re-use, the recycling of waste, and the material
recovery, including the use thereof to fill excavated voids. The
Cabinet shall determine the objectives in relation to the
preparation of construction waste and building demolition waste
for re-use, the recycling of waste, and the material recovery,
including the use thereof to fill excavated voids, and the time
limits for the fulfilment thereof.
(71) The performer of construction work referred to
in Paragraph seven of this Section and the construction waste
manager with which the performer of construction work has entered
into a contract for the management of the waste generated in
construction work or during the process of demolition of
structures shall ensure that:
1) dangerous substances are separated from the construction
waste and managed in a manner that is safe for the environment
and human life and health;
2) reusable and recyclable materials are separated from the
construction waste in order to facilitate re-use and high quality
recycling of the construction waste;
3) a system for sorting waste generated in construction work
and during the process of demolition of structures is in place at
least for wood, fractions containing minerals (concrete, bricks,
tiles and ceramics, stones), metals, glass, plastic, and
plaster.
(72) Performers of construction work whose economic
activities result in construction waste or building demolition
waste may obtain a permit for the management of such waste in
accordance with Section 12 of this Law or the laws and
regulations regarding pollution or may enter into a contract with
a waste management merchant which has the relevant permits,
except for cases when recovery of waste generated at the
construction site and further use thereof at the relevant
construction site or another construction site conforms to the
approved building design.
(8) The Cabinet shall determine the procedures, time period,
and form in which the persons referred to in Paragraphs four,
five, six, and seven of this Section, and also merchants which
use waste as fuel or raw material in the production within the
scope of economic activity, shall submit a report on the amount
and types of waste prepared for re-use, recycled, and recovered
waste in the previous calendar year.
(81) The Ministry of Environmental Protection and
Regional Development shall evaluate whether the preparation of
municipal waste for re-use, the recycling of waste, and the
material recovery, including recycling of biological waste,
achieve the specified objectives. The Cabinet shall determine the
criteria by which the fulfilment of the objectives in relation to
the preparation of waste for re-use, the recycling of waste, and
the material recovery, including the fulfilment of the objectives
in relation to recycling of biological waste, shall be assessed.
After the Ministry of Environmental Protection and Regional
Development has evaluated whether the objectives specified in
relation to the preparation of municipal waste for re-use, the
recycling of waste, and the material recovery, including
recycling of biological waste, have been achieved, it shall
publish on its website a list which includes such local
governments and also waste managers referred to in Section 18,
Paragraph one of this Law, and waste managers performing
preparation of waste for re-use, the recycling of waste, or the
material recovery which have not achieved the abovementioned
objectives.
(82) The Cabinet shall determine the content of the
information to be submitted, the time limits, and the procedures
by which local governments shall provide information to the
Ministry of Environmental Protection and Regional Development
on:
1) the separate waste collection system established in the
administrative territory of the local government and referred to
in Paragraph four of this Section;
2) the quantity of municipal waste collected separately in the
administrative territory of the local government and the quantity
of municipal waste transferred to the preparation for re-use, the
recycling of waste, or the material recovery;
3) the satisfaction of the producers or initial possessors of
waste of the administrative territory of the local government
with the separate waste collection system established by the
local government.
(9) Waste which is not recovered shall be disposed of in a
landfill site where it is allowed to dispose waste, or dispose it
in another way for which a permit has been issued in accordance
with the laws and regulations regarding pollution, taking into
account the State waste management plan and regional plans.
(10) According to the State waste management plan and regional
plans production waste shall be disposed of in a landfill site
for municipal waste, but the production waste which is considered
as hazardous - in a landfill site for hazardous waste.
(11) [16 March 2023]
[29 March 2012; 27 March 2014; 17 November 2016; 9 July
2020; 16 March 2023]
Section 20.1 Retailers which generate at
least 20 tons of the used packaging per month at the site of
their commercial activity may transfer the used packaging
generated at this site to the recycler. In such case the
generators of waste may, before transfer of the used packaging
for recycling, deliver the used packaging generated at the sites
of their commercial activity to a joint site for ensuring the
supply of used goods of the relevant waste producer and for the
collection of the used packaging by vehicles to be used for
ensuring the process of the supply of goods, without receipt of
the waste management permit referred to in Section 12, Paragraph
one of this Law.
[16 March 2023]
Section 21. (1) Municipal waste generated in the
administrative territories of such local governments which are
located in the relevant waste management region shall be disposed
only in the landfill site for municipal waste of the relevant
waste management region or transferred to the relevant reloading
stations. The local government shall enter into a contract with
the manger of such landfill site for the disposal of municipal
waste collected in the administrative territory thereof
(2) All landfill sites for municipal waste in the
administrative territories of such local governments which are
located in the relevant waste management region shall be closed
not later than within 30 days after commencement of the operation
of the regional landfill site for municipal waste. The closed
landfill sites shall be recovered according to the State waste
management plan and regional plans.
Section 22. (1) The owner or manager of a waste
landfill site, waste dump, other waste disposal or waste recovery
facility shall:
1) prior to the commencement of operation of the landfill
site, other waste disposal or waste recovery facility, obtain
permits specified in the laws and regulations regarding polluting
activities governing the field of environmental protection;
2) manage the landfill site, waste dump, other waste disposal
or waste recovery facility according to the permit for the
performance of Category A or B polluting activities, this Law,
and other laws and regulations governing the field of
environmental protection;
3) take measures and cover the expenditures related to the
closure and re-cultivation of the landfill site or waste dump,
monitoring and maintenance of a closed landfill site (maintenance
of the territory of a closed landfill site according to the fire
safety requirements and maintenance of the insulating cover of
the depository surface of a re-cultivated landfill site in
accordance with the requirements laid down in the laws and
regulations regarding management of landfill sites), and also the
termination of the operation of the waste recovery or waste
disposal facility.
(11) The regional waste management centre, a local
government which has entered into a contract with the manager of
a landfill site for municipal waste for the disposal of municipal
waste, which has been collected in the administrative territory
thereof, in the landfill site for municipal waste, and the waste
manager referred to in Section 18, Paragraph one of this Law
shall ensure that the amount of municipal waste disposed of in
the landfill site for municipal waste is reduced. The Cabinet
shall determine the objectives for reducing the amount of
municipal waste disposed of in a landfill site for municipal
waste and the time limits for the fulfilment thereof, and the
requirements for informing the European Commission of the
fulfilment of the objectives for reducing the amount of waste
disposed of in landfill sites for municipal waste.
(12) The Ministry of Environmental Protection and
Regional Development shall evaluate whether the reduction of the
amount of municipal waste disposed of in a landfill site for
municipal waste achieves the specified objectives. The Cabinet
shall determine the criteria according to which the achievement
of the objectives in respect of the reduction of the amount of
municipal waste disposed of in a landfill site for municipal
waste is assessed. After the Ministry of Environmental Protection
and Regional Development has evaluated whether the reduction of
the amount of municipal waste disposed of in a landfill site for
municipal waste has achieved the specified objectives, it shall
publish on its website a relevant list which includes the owners
or managers of landfill sites for municipal waste or the regional
waste management centres which have not achieved the
abovementioned objectives.
(2) The Cabinet shall determine:
1) the types of waste recovery and disposal;
2) the requirements for the arrangement of landfill sites,
management of landfill sites and waste dumps and closure and
re-cultivation of such landfill sites and waste dumps, and also
the procedures by which landfill sites shall be closed and
re-cultivated;
3) the requirements for the incineration of waste, including
hazardous waste, and for the operation of waste incineration
facilities;
4) the procedures for a manager of a landfill site to measure
the contents, mass, and volume of the waste disposed of in the
landfill site;
5) the criteria for the establishment that the municipal waste
has been prepared for disposal;
6) the procedures, time limits for and the manner in which the
owner or manager of a landfill site for municipal waste submits a
report on the reduction of the amount of municipal waste disposed
of in a landfill site for municipal waste.
(3) The owner or manager of a landfill site for municipal
waste or the regional waste management centre shall ensure that
municipal waste or production waste is prepared for disposal in
the relevant landfill site, or that waste prepared for disposal
is accepted in the landfill site, if preparation of municipal
waste for disposal is not performed in the relevant landfill
site.
(4) The owner or manager of a landfill site or the regional
waste management centre, when obtaining the permit prior to the
commencement of operation of the landfill site, shall provide
financial or equal security with a view to ensuring the
fulfilment of the requirements laid down in the relevant permits,
also the requirements for the closure of a landfill site and
environmental monitoring to be performed after the closure of the
landfill site.
(5) [Paragraph shall come into force on 1 January 2030 and
shall be included in the wording of the Law as of 1 January 2030.
See Paragraph 51 of Transitional Provisions]
[30 April 2015; 17 November 2016; 9 July 2020; 16 March
2023]
Section 23. (1) Waste managers which are performing
waste collection or transport, preparation of waste for recovery
or disposal, recovery or disposal of waste, digging-up of a
closed or re-cultivated waste dump and resorting of waste, waste
dealers and waste management brokers, producers of hazardous
waste, except for producers of municipal hazardous waste
shall:
1) record the amount (volume), type, origin, frequency of
collection and transport, type and place of recovery or disposal
of the waste managed or generated in chronological order and
store such information for at least for three years at the site
where waste management activities are performed;
11) provide information on the amount of products
and materials resulting from the preparation for re-use,
recycling, or other recovery activities;
2) provide information electronically to the authority
authorised by the Ministry of Environmental Protection and
Regional Development on the amount (volume) of waste resulting
from digging-up a closed or re-cultivated waste dump and on its
storage, reloading, and transport, preparation for recovery or
disposal, recovery or disposal, and store such information for at
least three years;
3) upon request of a local government or according to a
contract which has been entered into by and between the local
government and the municipal waste manager, provide information
to the local government on waste management, including the
information referred to in Clause 1 of this Paragraph and
information on the amount (volume), storage, reloading, sorting,
and transport, and also preparation for recovery or disposal and
recovery or disposal of the municipal waste collected in its
administrative territory;
4) upon request provide information to other State authorities
on waste management, including the information referred to in
Clause 1 of this Paragraph and other environmental
information.
(2) Waste managers which are collecting or transporting
hazardous waste shall store the information referred to in
Paragraph one of this Section for at least three years.
(3) Managers of hazardous waste shall, upon request of the
previous holder of hazardous waste, issue a statement regarding
the collection, storage, reloading, and transport, preparation
for recovery or disposal, recovery or disposal of the relevant
waste.
(4) Municipal, production, construction, or hazardous waste
holder or waste manager that performs transport of waste in the
territory of the country to the recycling, recovery, or disposal
sites thereof shall indicate in the State information system for
record-keeping of waste transport the planned transport, the type
and amount of the waste to be transported, except for cases where
the transport of waste is performed for further resorting thereof
which does not include preparation for recycling or recovery
activity.
(5) The Cabinet shall determine:
1) the procedures by which the institution authorised by the
Ministry of Environmental Protection and Regional Development or
a merchant on the basis of a delegation contract shall keep
records of the transport of municipal, production, construction,
or hazardous waste in the State information system for
record-keeping of waste transport;
2) the fee for keeping the records of municipal, production,
construction, or hazardous waste to be transported to the
recycling, recovery, or disposal site, and the procedures for
paying it;
3) the procedures by which the municipal, production,
construction, or hazardous waste holder or manager shall notify
of the performance of transport;
4) the procedures by which the municipal, production,
construction, or hazardous waste holder or manager that performs
the transport of waste in the territory of the country to the
recycling, recovery, or disposal sites thereof shall notify of
the planned transport, the type and volume of the waste to be
transported.
(6) If keeping of records in the State information system for
record-keeping of waste transport is ensured by a merchant on the
basis of a delegation contract, such merchant shall be
subordinate to the Ministry of Environmental Protection and
Regional Development.
[16 December 2010; 30 April 2015; 17 November 2016; 7
December 2017; 9 July 2020; 16 March 2023]
Chapter
VI
Requirements for the Management of Certain Types of Waste
Section 24. (1) The Cabinet shall determine the
categories of electrical and electronic equipment.
(11) Foreign producers of electrical and electronic
equipment may authorise in writing a person who performs
commercial activity in Latvia to take over the commitments in
Latvia of the relevant foreign producer of electrical and
electronic equipment in respect of the conformity with the
requirements for the management of waste electrical and
electronic equipment laid down in this Law. A producer of
electrical and electronic equipment established in Latvia who is
performing commercial activity in Latvia and, using a distance
contract, sells electrical and electronic equipment in other
Member State of the European Union where it does not carry out
the commercial activity, shall authorise in writing a person
established in the relevant Member State of the European Union to
take over the commitments of the producer of electrical and
electronic equipment in respect of the management of waste
electrical and electronic equipment in the relevant Member State
of the European Union.
(12) Electrical and electronic equipment shall be
made available on the market for a charge or free of charge,
supplying them for distribution, consumption, or use on the
Latvian market, while performing commercial activity. Electrical
and electronic equipment shall be placed on the market, initially
making them professionally available on the market in the
territory of Latvia.
(2) The Cabinet shall determine the procedures for the
registration of producers of electrical and electronic equipment
and authorised representatives thereof. Producers of electrical
and electronic equipment or authorised representatives thereof
shall be registered with the institution authorised by the
Ministry of Environmental Protection and Regional Development or
an association founded by producers of electrical and electronic
equipment and which has been delegated such task by the Ministry
of Environmental Protection and Regional Development. Producers
of electrical and electronic equipment or authorised
representatives thereof shall provide information to the
institution authorised by the Ministry of Environmental
Protection and Regional Development or the abovementioned
association of persons on the quantity and categories of
electrical and electronic equipment placed on the market of
Latvia, and also on the quantity and categories of the collected,
reused, recycled, recovered, and exported electrical and
electronic equipment waste.
(3) The association referred to in Paragraph two of this
Section and founded by persons who are producers of electrical
and electronic equipment:
1) shall be subordinate to the Ministry of Environmental
Protection and Regional Development in relation to the fulfilment
of the State administration task - to perform registration of
producers of electrical and electronic equipment;
2) upon performing the registration of producers of electrical
and electronic equipment, is entitled to issue administrative
provisions regarding registration of a producer of electrical and
electronic equipment, refusal to register a producer of
electrical and electronic equipment, and exclusion of a producer
of electrical and electronic equipment from the register of
producers of electrical and electronic equipment.
(4) Maintaining of the data of producers of electrical and
electronic equipment shall be performed for a fee the amount and
procedures for payment of which shall be determined by the
Cabinet.
[16 December 2010; 29 March 2012; 27 March 2014; 7 December
2017]
Section 25. A producer of electrical and electronic
equipment shall cooperate with merchants which carry out
recycling of waste electrical and electronic equipment in order
to facilitate the development and manufacture of electrical and
electronic equipment so that it is possible to dismantle and
recover them, and also to reuse, separate, and recycle such
equipment, and the components and materials thereof. The
requirements laid down in the laws and regulations regarding the
requirements of eco-design shall be used in the development and
manufacture of electrical and electronic equipment not using
methods which make difficult the reuse of the abovementioned
equipment waste, except for cases where the use of such methods
significantly improve the application of environmental protection
or safety requirements.
[27 March 2014]
Section 26. (1) A producer of electrical and electronic
equipment shall ensure the collection, acceptance, processing,
reuse, recycling, recovery, and disposal of electrical and
electronic equipment waste, using the best available
techniques.
(2) A producer of electrical and electronic equipment may
himself or herself take the measures referred to in Paragraph one
of this Section or enter into a contract with a manager of
electrical and electronic equipment waste (a commercial company
which shall organise and coordinate the management of such
equipment waste on the basis of the contract entered into with
the producer of electrical and electronic equipment).
(3) A producer of electrical and electronic equipment shall
ensure that the acceptance of household electrical and electronic
equipment waste in the established collection system is free of
charge.
(4) A distributor of electric and electronic equipment which
supplies new electric and electronic household equipment directly
to a user thereof shall ensure the acceptance of waste electrical
or electronic equipment without asking payment for this if the
relevant electrical and electronic equipment is of equivalent
type of electrical and electronic equipment and has fulfilled the
same functions as the supplied electrical and electronic
equipment.
(41) A distributor of electrical and electronic
equipment shall provide for the collection, at retail shops with
sales areas relating to electronic and electrical equipment of at
least 400 square metres, or in their immediate proximity, of such
electrical and electronic equipment, external dimension of which
is not more than 25 centimetres, free of charge to end-users and
with no obligation to buy electrical and electronic equipment of
an equivalent or similar type. The distributor of electrical and
electronic equipment shall ensure the management of electrical
and electronic equipment in conformity with Paragraph five of
this Section.
(5) The collected electrical or electronic equipment waste
shall be transferred to operators of processing undertakings
(facilities) if they have received the permits specified in laws
and regulations, except for whole electrical or electronic
equipment, which are intended for reuse.
(6) It is prohibited to dispose of separately collected
electrical and electronic equipment waste which has not undergone
the treatment.
[27 March 2014; 7 December 2017]
Section 27. (1) Until 13 August 2005, all producers of
electrical and electronic equipment shall cover the costs of the
waste management of household electrical and electronic equipment
placed on the market.
(2) Until 13 August 2005, the costs of the waste management of
such electrical and electronic equipment placed on the market
which are not deemed to be household electrical and electronic
equipment shall be covered by users of such equipment. The
manufacturer of such equipment shall cover the costs of the
abovementioned waste management if the equipment is replaced with
new identical equipment or new equipment which performs
equivalent functions.
(3) The manufacturers of household electrical and electronic
equipment placed on the market prior to 13 August 2005 may, at
the time of selling new equipment, provide the purchasers with
information on the expenditures related to the collection,
recovery, and disposal of such equipment in a safe manner.
(4) At the time of selling of household electrical and
electronic equipment placed on the market of Latvia after 13
August 2005 information on the expenditures related to the
collection, processing, and disposal of such equipment in a safe
manner shall not be separately provided to the purchasers.
(5) After 13 August 2005 the costs of the collection and
recovery of waste electrical and electronic equipment and waste
household electrical and electronic equipment manufactured or
placed on the market by a producer of electrical and electronic
equipment itself, and also costs related to preparation of such
waste for recovery, preparation for disposal and disposal in
environmentally friendly way.
[27 March 2014]
Section 28. A manufacturer which places electrical and
electronic equipment on the market after 13 August 2005 and has
not chosen the types of electrical and electronic equipment waste
management referred to in Section 26, Paragraph two of this Law
shall, for the taking of the measures referred to in Section 26,
Paragraph one of this Law, provide a guarantee with a bank
guarantee or civil liability insurance.
Section 29. The Cabinet shall determine:
1) the requirements for the labelling of electrical and
electronic equipment;
2) the requirements for the collection and processing of
electrical and electronic equipment waste;
3) the volume and time periods for the collection, reuse,
processing, and recovery of electrical and electronic equipment
waste, and also the requirements for the provision of a report on
the implementation of such activities;
4) the requirements to be observed for the provision of
information to consumers, electrical and electronic equipment
waste processing, reuse, recycling, and recovery equipment
operators, and also the requirements for informing the general
public and the European Commission.
Section 30. (1) A battery or accumulator is a source of
electrical energy in which energy is generated by direct
transformation of chemical energy and which consists of one or
several primary (non-rechargeable) battery cells or secondary
(rechargeable) battery cells.
(2) Batteries and accumulators are divided into the following
categories:
1) a battery pack is a set of batteries or accumulators that
are connected together or are encapsulated within an outer casing
to form a complete unit, and the end user is not expected to
split it up or to open it;
2) a portable battery or accumulator is any sealed battery,
button cell, battery pack or accumulator that can be hand-carried
and that is neither an industrial battery or accumulator nor a
battery or accumulator designed for use in vehicles or other
self-propelled machinery;
3) button cells are any small, round portable batteries or
accumulators with a diameter greater than its height and which
are used for special purposes such as in hearing aids, wrist
watches, small portable equipment and back-up source for saving
of data;
4) a battery or accumulator designed for use in vehicles or in
other self-propelled machinery is a battery or accumulator that
is used in order to operate the automotive starter, lighting or
ignition of a vehicle or other self-propelled machinery
(hereinafter - the batteries and accumulators of vehicles);
5) an industrial battery or accumulator is any battery or
accumulator designed for exclusively industrial or professional
use or that is used in any type of electric vehicle.
(3) The provisions of this Law shall apply to batteries and
accumulators of all types regardless of their use, shape, volume,
and weight or material composition.
(4) Battery or accumulator waste is any battery or accumulator
that qualifies as waste within the meaning of the term "waste" as
specified in Section 1, Clause 1 of this Law.
Section 31. (1) A producer of batteries and
accumulators is any person in the European Union Member State
that, regardless of the selling technique used and regardless of
the distance contract, within the scope of his or her commercial
activity or economic activity, places on the market for the first
time batteries or accumulators, including batteries and
accumulators incorporated into appliances or vehicles according
to the commercial activity of the producer.
(2) A distributor of batteries and accumulators is any person
that, within the scope of his or her commercial activity or
economic activity, supplies batteries and accumulators to direct
users.
(3) The Cabinet shall determine the procedures for the
registration pertaining to producers of batteries and
accumulators and the holder of the register. Producers of
batteries and accumulators shall provide information for the
register on the amount and types of batteries and accumulators
placed on the market, on the amount and types of collected and
processed, and also exported batteries and accumulators.
(31) The association referred to in Paragraph three
of this Section and founded by persons who are producers of
electrical and electronic equipment:
1) shall subordinate to the Ministry of Environmental
Protection and Regional Development in relation to the fulfilment
of the State administration task - to perform registration of
producers of batteries or accumulators;
2) upon performing the registration of producers of batteries
or accumulators, is entitled to issue administrative provisions
regarding registration of a producer of batteries or
accumulators, refusal to register a producer of batteries or
accumulators, and exclusion of a producer of batteries or
accumulators from the register of producers of batteries or
accumulators.
(4) Maintaining of the data of producers of batteries or
accumulators shall be performed for a fee the amount and
procedures for payment of which shall be determined by the
Cabinet.
[29 March 2012]
Section 32. Placing of batteries and accumulators on
the market shall mean that batteries and accumulators are
supplied or made available, for a fee or free of charge, to third
persons within the territory of the European Union, also
importing in the customs territory of the European Union.
[7 December 2017]
Section 33. (1) A producer of batteries and
accumulators shall ensure the acceptance, collection, processing,
and recycling of battery and accumulator waste, using the best
technical methods available in conformity with the health and
environmental protection principles and the laws and regulations
regarding pollution.
(2) A producer of batteries and accumulators may take the
measures referred to in Paragraph one of this Section himself or
herself, or may enter into a contract with a merchant which, on
the basis of the contract entered into, shall organise and
coordinate battery and accumulator waste management.
(3) Any producer of batteries and accumulators, distributor,
or waste manager which performs collection, processing, and
recycling of batteries and accumulators, and also State and local
government institutions may participate in the measures referred
to in Paragraphs one and two of this Section.
(4) The measures referred to in Paragraphs one and two of this
Section shall apply to batteries and accumulators for the
importation of which from third countries discriminating
provisions have not been applied, without limitation of selling
of the abovementioned batteries and accumulators and preventing
activities restricting competition.
[29 March 2012]
Section 34. (1) Waste from portable batteries and
accumulators shall be collected or accepted free of charge,
without obligating the direct users to purchase a new battery or
accumulator, even if collection or acceptance is ensured by the
distributor of batteries and accumulators.
(2) A producer or distributor of batteries and accumulators
for vehicles shall ensure the waste collection from such
batteries and accumulators, also using collection points that are
located in the proximity of direct users, or ensure the
acceptance of such batteries from private land vehicles or other
self-propelled machinery not intended for commercial purposes
(non-commercial vehicles) free of charge without obligating to
purchase a new battery or accumulator.
(3) A producer or distributor of industrial batteries and
accumulators shall ensure the collection and acceptance of waste
from such batteries and accumulators regardless of the chemical
composition and origin of such batteries and accumulators.
[29 March 2012]
Section 34.1 (1) Producers of batteries or
accumulators or authorised representatives thereof shall ensure
that all costs for the collection, processing, and recycling of
portable batteries and accumulators, batteries and accumulators
for vehicles, and also batteries and accumulators used in
industry collected within the scope of the measures referred to
in Section 33, Paragraphs one and two of this Section are
covered.
(2) Paragraph one of this Section shall not be applied to
waste from batteries and accumulators that were collected in
accordance with the laws and regulations regarding electrical and
electronic equipment waste management or regarding management of
end-of-life vehicles in order to prevent double payment for the
collection, processing and recycling of the abovementioned
waste.
(3) Producers of batteries or accumulators or authorised
persons thereof shall ensure that all costs for those measures of
informing of the public are covered which refer to collection,
processing, and recycling of all types of portable batteries and
accumulators.
(4) The costs for collection, processing, and recycling of the
relevant battery and accumulator waste shall not be specified
separately for direct users of batteries and accumulators at the
time of selling.
(5) Producers of batteries or accumulators for vehicles, and
also producers of batteries and accumulators used in industry, or
authorised persons thereof may enter into agreements that provide
for other procedures for covering of costs than specified in
Paragraph one of this Section.
(6) The requirements of this Section shall apply to all types
of battery and accumulator waste regardless of the time of
placing on the market.
[29 March 2012]
Section 35. Waste from industrial batteries and
accumulators and waste from vehicle batteries or accumulators
shall neither be accepted for disposal in landfill sites, nor
incinerated. Residues from the processing and recycling of
battery or accumulator waste may be disposed of in landfill sites
or may be incinerated.
Section 36. The Cabinet shall determine:
1) the requirements to be set for the collection, processing,
and recycling of battery and accumulator waste;
2) the volumes and time periods for the collection and
recycling of batteries and accumulators, and also the
requirements in relation to how a report on the performance of
such activities is to be given.
Section 37. (1) [30 April 2015]
(2) The measures which facilitate the use of environmentally
safe materials produced from biological waste, the separate
collection of biological waste with a view to the recovery,
composting, and recycling, and also measures for treatment of
biological waste in accordance with the requirements of Section 4
of this Law shall be provided for in the State waste management
plan and regional plans.
(3) Biological waste shall be composted in places which are
specially constructed for composting of biological waste or
recycled in another way if a permit for the performance of the
relevant activity has been obtained.
[30 April 2015; 16 March 2023]
Section 37.1 (1) A person who is the first
to sell tyres in the territory of the Republic of Latvia or to
bring them in Latvia in order to use them for ensuring its
economic activity (hereinafter - the tyre manufacturer) shall
ensure the collection, acceptance, preparation for re-use,
recycling, or recovery of the used tyres, using the best
available technical methods in accordance with the laws and
regulations regarding pollution.
(2) The tyre manufacturer may take the measures referred to in
Paragraph one of this Section by itself or, in accordance with
the laws and regulations regarding natural resources tax, to
enter into a contract regarding participation in the waste
management system of goods harmful to the environment with a
waste manager of goods harmful to the environment which, on the
basis of the contract entered into, organises and coordinates the
management of the used tyres.
[16 March 2023]
Section 37.2 (1) The tyre manufacturer shall
cover all the costs of the measures referred to in Section
37.1, Paragraphs one and two of this Law, i.e.
collection, acceptance, transportation, preparation for re-use,
recycling, and recovery of the used tyres.
(2) The tyre manufacturer shall ensure acceptance of the used
tyres at the locations of sale or change of tyres free of charge
at least in the same amount as the person has purchased tyres at
this location of sale or change of tyres. The tyre manufacturer
shall post information at the location of sale or change of tyres
and also on the Internet trade site where tyres are offered for
trade on the procedures by which it ensures acceptance of the
used tyres in accordance with the requirements of this Law.
(3) The tyre manufacturer shall ensure that all costs of the
public awareness measures related to the collection, acceptance,
transportation, preparation for re-use, recycling, and recovery
of all types of tyres are covered.
(4) The waste manager of goods harmful to the environment
shall ensure that the following information is published on its
website:
1) on those tyre manufacturers which have joined the relevant
extended producer responsibility scheme;
2) on the sites where the used tyres are accepted and on the
procedures for the acceptance of the used tyres.
(5) If the tyre manufacturer takes the measures specified in
Section 37.1, Paragraph one of this Law by itself, it
shall post the information referred to in Paragraph four, Clause
2 of this Section at the tyre trade site and on the Internet
trade site.
[16 March 2023]
Section 37.3 [Section shall come into
force on 1 January 2024 and shall be included in the wording of
the Law as of 1 January 2024 / See Paragraph 57 of
Transitional Provisions]
Section 37.4 [Section shall come into
force on 1 January 2024 and shall be included in the wording of
the Law as of 1 January 2024 / See Paragraph 57 of
Transitional Provisions]
Chapter
VII
Payment for the Waste Management
Section 38. (1) Payment for the collection, transport,
reloading, storage, and recovery of hazardous waste or production
waste or for the disposal of production waste in a landfill site
for municipal waste shall be determined by the producer or holder
of hazardous waste or production waste in agreement with the
waste manager which performs the relevant waste management
activities.
(2) Payment for the disposal of hazardous waste shall be
determined in accordance with the procedures stipulated by the
Cabinet.
(3) Payment for the disposal of production waste in a landfill
site for hazardous waste shall be the same as payment for the
disposal of hazardous waste in the relevant landfill site for
hazardous waste.
Section 39. (1) The fee for unsorted municipal waste
management (except for municipal waste recovery) for the initial
producer or holder of waste shall consist of:
1) the fee for the municipal waste management approved in the
decision of the local government which includes all costs of the
collection, transport, reloading and sorting of unsorted and
separately collected waste and other activities therewith
specified in the laws and regulation that are taken before the
waste recovery and that reduce the amount of waste to be
disposed, fee for the storage and the establishment and
maintenance of the infrastructure objects necessary for such
activities, and also the difference between the costs of the
management of the unsorted and separately collected biological
waste and the fee specified in Section 39.1 of this
Law;
2) the fee for unsorted municipal waste processing according
to the tariff approved by the Public Utilities Commission.
(11) The fee referred to in Paragraph one, Clause 1
of this Section shall be reduced by the share of income obtained
by the waste manager from the sale of the sorted waste.
(12) If another tariff for unsorted municipal waste
processing has been approved during the term of the contract in
accordance with the procedures laid down in laws and regulations,
the waste manager shall include the approved tariff in the waste
management fee from the day of the entry into effect of the
tariff.
(2) The waste manager which has been selected by the local
government in accordance with Section 18 of this Law shall ensure
the collection, transport, reloading, sorting, storage of
municipal waste, maintaining of separate waste collection,
sorting, and reloading infrastructure objects for the same charge
for all municipal waste producers in the relevant waste
management zone according to the contract entered into with the
local government in accordance with the procedures laid down in
this Law.
(21) [7 December 2017]
(22) The waste manager shall, upon accepting the
unsorted municipal waste from a waste producer, collect the
tariff payment for unsorted municipal waste processing for the
entire amount of the unsorted municipal waste which is
transferred for management.
(3) Waste composting costs shall be included:
1) in the tariff for unsorted municipal waste processing if
the biological waste sorted from unsorted municipal waste is
recycled by the regional waste management centre;
2) in the payment for the municipal waste management, if
biological waste is composted at places which are specially
constructed for composting of biological waste.
(4) Each year by 30 June the local government shall assess the
payment for management of the municipal waste. The payment shall
be re-calculated if the total sum of the following components of
the payment change by at least 10 per cent:
1) as a result of applying the measurement ratio of the waste
volume and mass proportion to the costs referred to in Paragraph
one, Clause 1 of this Section;
2) [7 December 2017];
3) the income share which is obtained by the waste manager as
the difference between the payment for the tariff for unsorted
municipal waste processing and for the amount of municipal waste
transferred to the regional waste management centre.
(5) The waste manager shall ensure determination of the
municipal waste that has been collected, transferred for
recovery, and transferred to a landfill site, in tonnes. The
waste manager shall inform the local government of the mass of
municipal waste that has been collected, transferred for
recovery, and transferred to the landfill site, in accordance
with the procedures stipulated by the Cabinet.
(6) The Cabinet shall determine:
1) the procedures for measuring the proportion of mass and
volume of municipal waste by a waste manager and the conditions
for the performance of measuring;
2) the procedures for determining a ratio for conversion from
units of volume to units of mass;
3) the time periods and procedures for a waste manager to
inform a local government of the measurements of the waste mass
and volume and on the ratio to be applied.
[30 April 2015; 17 November 2016; 7 December 2017; 31 March
2022; 16 March 2023]
Section 39.1 A local government shall
determine the fee for the management of separately collected
biological waste in the amount of 80 per cent of the fee
specified in Section 39, Paragraph one of this Law.
[31 March 2022 / See Paragraph 52 of Transitional
Provisions]
Section 40. (1) Processing of unsorted municipal waste
are public services to be regulated in accordance with the law On
Regulators of Public Utilities.
(2) The tariff for unsorted municipal waste processing and
also the tariff for disposal of separate municipal waste, if
waste that has been sorted from unsorted municipal waste and to
be disposed of is accepted for disposal, shall be determined in
accordance with the procedures laid down in the law On Regulators
of Public Utilities according to the methodology for the
calculation of such tariffs stipulated by the Public Utilities
Commission.
[16 March 2023]
Section 40.1 (1) The regional waste
management centre may use any of the following outsourced
services for ensuring services for processing of unsorted
municipal waste, entering into a written contract:
1) regarding separate technological process or activity of the
regulated service with unsorted municipal waste, resources, and
by-products generated as a result of the preparation of unsorted
municipal waste for disposal if this process or activity would
otherwise be performed by the regional waste management centre
itself;
2) regarding lease of the infrastructure to be used for the
provision of the regulated service.
(2) The price of the outsourced service referred to in
Paragraph one of this Section shall be determined in conformity
with the principle of economic substantiation of the costs of the
regulated public utility. The provider of the outsourced service
shall ensure detailed information on the calculation of the price
of the outsourced service and the availability of the information
necessary for the evaluation of the price to the regional waste
management centre and the Public Utilities Commission. If the
contract for the provision of the outsourced service is entered
into for a time period not exceeding a year, justified procedures
for price indexing shall be provided for in the contract.
(3) The Public Utilities Commission shall recognise the price
of the outsourced service as economically justified without an
evaluation of the costs forming it if it may be concluded that
the price of the outsourced service in a public procurement has
been determined under conditions of competition or if the
regional waste management centre justifies the fact that it is
not able to perform the activities indicated in the outsourcing
contract at lower costs.
[16 March 2023]
Section 41. (1) Costs for the following activities
shall be included in the tariff for unsorted municipal waste
processing:
1) arranging and operation of the infrastructure necessary for
the administration and ensuring of the operation of a landfill
site and also the regional waste management centre;
2) delivery of the accepted municipal waste for further
processing to any infrastructure object of the regional waste
management centre;
3) delivery of the municipal waste subject to disposal from
the regional waste management centre which does not ensure waste
disposal at a landfill site for municipal waste to the regional
waste management centre which ensures disposal of municipal
waste;
4) preparation of municipal waste for disposal;
5) regular covering of the layer of waste disposed of in the
landfill site with inert covering;
6) ensuring of such educating measures of the public which are
aimed at educating of waste producers of the relevant waste
management region in the field of waste management;
7) closure and repeated cultivation of a landfill site;
8) monitoring and maintenance of a closed landfill site for at
least 30 years after closure thereof;
9) reduction of the amount of biodegradable waste sorted from
unsorted municipal waste and to be disposed of, including
recovery of biodegradable waste;
10) research and development activities aimed at reducing the
amount of waste to be disposed of in landfill sites;
11) transfer of waste sorted from unsorted municipal waste
subject to disposal to the regional waste management centre for
disposal which ensures waste disposal according to the tariff for
disposal of municipal waste stipulated by the Public Utilities
Commission.
(11) Within the meaning of this Section, all
objects where acceptance and processing of unsorted municipal
waste is performed shall be attributed to the infrastructure of
the regional waste management centre.
(12) The Cabinet shall provide for the procedures
for determining the costs for closing and re-cultivating a
landfill site, the costs for monitoring and maintaining a closed
landfill site, and also the procedures by which the local
government in the administrative territory of which a landfill
site for municipal waste is located, or the Ministry of
Environmental Protection and Regional Development shall supervise
and control the payment of funds to be transferred into the
account in the Treasury for closing a landfill site and
disbursement of funds after closure of a landfill site.
(13) The costs of the research and development
activity may not exceed three per cent of the costs that form the
tariff for the disposal of municipal waste in landfill sites and
should be included in the tariff after completion of the research
and development activity provided that the abovementioned
activities ensure a reduction in the amount of waste to be
disposed of in the landfill sites. The Cabinet shall
determine:
1) the requirements to be brought forward regarding conformity
and assessment of the research and development activity and the
requirements for project documentation, and also the procedures
for recording the research and development expenditures;
2) the procedures by which public availability of the results
of the research and development activity shall be ensured.
(14) [16 March 2023]
(15) A manager of the landfill site or the regional
waste management centre, if it ensures disposal of municipal
waste, shall determine the mass of the municipal waste which has
been accepted and disposed of in a landfill site in tonnes and
inform the local government of the mass of the waste which has
been accepted for disposal and disposed of in a landfill site in
accordance with the procedures and within the time limit
stipulated by the Cabinet.
(16) The natural resources tax in the amount
specified in laws and regulations for waste disposal, and also
reserves for covering the natural resources tax for the amount of
waste which, after placement in the biodegradable waste recycling
facility for obtaining biogas (in a bioreactor) within the time
limit laid down in the permit for the performance of Category A
or B polluting activities, is separated by sorting from the
recycled or recovered fraction of waste and disposed of in the
waste landfill site shall be included in the tariff for unsorted
municipal waste processing.
(17) Costs of the activities referred to in
Paragraph one of this Section and the costs referred to in
Paragraph 1.6 of this Section shall be included in the
tariff for unsorted municipal waste processing, taking into
account the waste management activities ensured by the regional
waste management centre.
(18) The regional waste management centre shall
include in the tariff for disposal of municipal waste the costs
necessary for ensuring disposal of waste subject to disposal that
has been accepted from another regional waste management centre
and sorted from unsorted municipal waste.
(19) The Cabinet shall determine the procedures for
the determination of such costs which should be made for making
reserves for covering the natural resources tax for such amount
of waste which, after placement in the biodegradable waste
recycling facility for obtaining biogas (in a bioreactor) within
the time limit laid down in the permit for the performance of
Category A or B polluting activities, is separated by sorting
from the recycled or recovered fraction of waste and disposed of
in the waste landfill site.
(2) A manager of a landfill site or the regional waste
management centre shall pay that part of revenues from the tariff
for unsorted municipal waste processing and the tariff for
disposal of municipal waste in a landfill site which is intended
for covering the costs for landfill site closure, re-cultivation,
and monitoring of a closed landfill site in the account in the
Treasury for closing a landfill site for the preceding quarter
until the fifteenth date of the first month of the following
quarter.
(3) After the State Environmental Service has taken the
decision to close the landfill site, the resources referred to in
Paragraph two of this Section shall be received by the owner or
manager of the landfill site or the regional waste management
centre, or the State or local government institution in
accordance with the procedures stipulated by the Cabinet for
covering costs for landfill site closure, re-cultivation, and
monitoring of a closed landfill site.
[27 March 2014; 30 April 2015; 17 November 2016; 7 December
2017; 16 March 2023]
Chapter
VIII
Transboundary Movements of Waste
Section 42. (1) Exportation of hazardous waste for
recovery or disposal to states which have acceded to the Basel
Convention of 22 March 1989 on the Control of Transboundary
Movements of Hazardous Wastes and their Disposal is permitted in
accordance with the procedures laid down in the abovementioned
Convention.
(2) It is prohibited to bring in the territory of Latvia any
waste for disposal, also incineration, if the abovementioned
activity is to be classified as disposal of waste, or for
long-term storage.
(3) It is allowed to bring in waste for recovery or
incineration, if incineration is to be classified as waste
recovery, only in such case, if waste recovery facilities having
appropriate capacity are operating in the territory of the State
and their owner has received a permit for recovery of the
relevant waste, and recycling or recovery of waste generated in
the territory of Latvia which is specified in the State waste
management plan or regional plans, is not endangered as a result
of bringing in of waste.
(4) The State Environmental Service shall take a decision to
prohibit bringing in of waste, if it is determined that the
provisions of Paragraph three of this Section are not observed.
The State Environmental Service shall, prior to bringing in of
the relevant waste, assess the capacity of waste incineration
facilities and the amount and type of waste planned to be
incinerated, taking into account the information on the amount of
such municipal waste generated in the territory of the State
which is suitable for incineration in the relevant incineration
facilities in conformity with a permit for Category A or B
polluting activity issued for the operation of such facilities.
The Cabinet shall determine the procedures by which the State
Environmental Service shall take a decision on a permit to bring
in waste for recovery and a decision to prohibit bringing in of
waste.
(5) A waste manager who brings in the territory of Latvia or
brings out of the territory of Latvia the waste referred to in
Article 3 of Regulation (EC) No 1013/2006 of the European
Parliament and of the Council of 14 June 2006 on shipments of
waste (hereinafter - Regulation No 1013/2006) or in Basel
Convention for the purposes provided for in Paragraph three of
this Section, a waste producer which brings out waste from the
territory of Latvia on its own for disposal, recycling, or
recovery of waste shall submit a report on waste for the previous
calendar year by 1 March of the current year according to the
provisions regarding forms of reports on environmental protection
State statistics.
(6) The owner of the incineration facilities referred to in
Paragraph three of this Section shall, by 20 December of the
relevant year, submit information to the State Environmental
Service on the amount and type of waste planned to be incinerated
in the next year.
(7) A waste manager which according to an issued permit for
Category A or B polluting activity prepares waste for
incineration in waste incineration facilities shall, by 20
December of the relevant year, submit the information to the
State Environmental Service on the amount and type of waste
planned to be incinerated in the next year.
(71) Taking into account the information referred
to in Paragraphs six and seven of this Section, the State
Environmental Service may take the decision on refusal to issue
an approval or consent for transboundary consignments of waste in
relation to waste to be incinerated or their generation
components if the amount of waste generated in Latvia and
prepared for incineration corresponds to the amount necessary for
the operation of incineration plants.
(8) The State Environmental Service shall fulfil the
obligations of the competent authority and correspondent referred
to in Regulation No 1013/2006 and issue an approval or consent
for the transboundary movement of waste. It shall be considered
that the State Environmental Service has issued an approval or
consent for transboundary movement of waste in applying the
default referred to in the Freedom to Provide Services Law if the
State Environmental Service has not informed the waste management
merchant, waste dealer, or waste management broker, or other
persons involved in transboundary movement of waste within the
time limit specified in Regulation No 1013/2006 in writing of
approval or consent for transboundary movement of waste or of
refusal to issue an approval or consent for transboundary
movement of waste.
(81) The State Environmental Service shall control
shipments of waste electrical and electronic equipment in
accordance with Regulation (EC) No 1013/2006 and Commission
Regulation (EC) No 1418/2007 of 29 November 2007 concerning the
export for recovery of certain waste listed in Annex III or IIIA
to Regulation (EC) No 1013/2006 of the European Parliament and of
the Council to certain countries to which the OECD Decision on
the control of transboundary movements of wastes does not apply,
and also shipments of used electrical and electronic equipment
regarding which there are substantial suspicions that waste
electrical and electronic equipment is sent. The State
Environmental Service is entitled to request a manufacturer of
electrical and electronic equipment and receive free of charge
from him or her, a third person representing such manufacturer or
other person who is organising the relevant shipment of used
electrical and electronic equipment, information on the performed
analyses of functionality and chemical content of used electrical
and electronic equipment.
(82) The Cabinet shall determine the requirements
for the inspection of such shipments of electrical and electronic
equipment regarding which there are suspicions that waste
electrical and electronic equipment is sent. The State
Environmental Service has the right to take a decision that a
shipment of electrical and electronic equipment is waste of
electrical and electronic equipment, if there are justified
suspicions that waste of electrical and electronic equipment is
being shipped.
(83) The decisions taken by the State Environmental
Service in relation to shipments of electrical and electronic
equipment may be contested to the Environment State Bureau and
appealed in accordance with the procedures laid down in the
Administrative Procedure Law. The appeal of the decision shall
not suspend the operation thereof.
(9) A State duty shall be paid for the issue of approval or
consent for transboundary movement of waste. The amount for the
State duty and procedures for payment shall be determined by the
Cabinet.
(10) Waste the preparation for re-use, re-use, recovery, or
disposal of which in Latvia is not possible due to economical or
technical reasons may be brought out to other states for
performance of the relevant activities in accordance with the
Basel Convention of 22 March 1989 on the Control of Transboundary
Movements of Hazardous Wastes and their Disposal and Regulation
No 1013/2006.
(11) The Cabinet shall determine the procedures by which
persons who bring in the territory of Latvia waste for recycling
or recovery referred to in Article 3(2) of Regulation No
1013/2006 shall keep records of the brought-in waste.
(12) The Cabinet shall determine the procedures by which
keeping of transport records of waste brought in for recycling or
recovery referred to in Article 3(2) of Regulation No 1013/2006
shall be performed in the State information system for
record-keeping of waste transport, and also the fee for the
keeping of transport records of municipal waste and the
procedures for payment thereof.
(13) If keeping of records in the State information system for
record-keeping of waste transport is ensured by a merchant on the
basis of a delegation contract, such merchant shall be
subordinate the Ministry of Environmental Protection and Regional
Development.
(14) Prior to bringing in the waste referred to in Article
3(2) of Regulation No 1013/2006 for recycling or recovery in
Latvia, a person shall submit to the State Environmental Service
the financial security specified in Section 12, Paragraph
1.2 of this Law regarding recycling or recovery of
waste for a period of one calendar year or for each shipment
separately.
(15) The State Environmental Service shall fulfil the
obligations of the competent authority and the contact person
referred to in Regulation (EU) No 1257/2013 of the European
Parliament and of the Council of 20 November 2013 on ship
recycling and amending Regulation (EC) No 1013/2006 and Directive
2009/16/EC.
[29 March 2012; 27 March 2014; 30 April 2015; 7 December
2017; 16 March 2023]
Chapter
IX
Administrative Offences in the Field of Waste Management and
Competence in Administrative Offence Proceedings
[5 December 2019 / Chapter shall
come into force on 1 July 2020. See Paragraph 46 of Transitional
Provisions]
Section 43. (1) For the non-participation of a
municipal waste producer or holder in municipal waste management
organised by a local government, a warning shall be issued to or
a fine in the amount of ten to hundred and fifty units of fine
shall be imposed on a natural person, but on a legal person - a
fine in the amount of fifty to three hundred units of fine.
(2) For the violation of the waste management provisions, a
warning shall be issued to or a fine in the amount of fourteen to
two hundred units of fine shall be imposed on a waste producer or
holder - natural person, but on a legal person - a fine in the
amount of fifty to five hundred and sixty units of fine.
(3) For the violation of the provisions for the record-keeping
of waste, a fine in the amount of fifty to two hundred and fifty
units of fine shall be imposed on a legal person.
(4) For the failure to use the special label specified in laws
and regulations, stating the requirement to collect electrical
and electronic equipment waste separately from other waste, on
electrical and electronic equipment or for the failure to use the
special label, stating the requirement to collect battery and
accumulator waste separately from other waste, on batteries and
accumulators, a fine in the amount of fifty to three hundred and
fifty units of fine shall be imposed on a legal person.
(5) For the failure of a producer of electrical and electronic
equipment, batteries, or accumulators to comply with the
requirement of registration laid down in laws and regulations, a
fine in the amount of fifty to three hundred and fifty units of
fine shall be imposed on a legal person.
(6) For the waste collection, transport, reloading, sorting,
or storage, or for digging up of a closed or re-cultivated waste
dump and resorting of waste without a permit, a fine in the
amount of fourteen to two hundred units of fine shall be imposed
on a natural person, but on a legal person - a fine in the amount
of fifty to five hundred and sixty units of fine.
(7) For the violation of the requirements for transboundary
movements of waste laid down in laws and regulations, a fine in
the amount of fifty to two hundred and twenty units of fine shall
be imposed on a natural person, but on a legal person - a fine in
the amount of sixty to eight hundred units of fine.
[5 December 2019 / Section shall come into force on 1 July
2020. See Paragraph 46 of Transitional Provisions]
Section 44. (1) The administrative offence proceedings
for the offence referred to in Section 43, Paragraph one of this
Law until hearing of the administrative offence case shall be
conducted by the administrative inspectorate of a local
government, the executive director of a local government, the
head of a parish or city administration, the environmental
inspectorate of a local government, the environmental control
official of a local government, or the municipal police. The
administrative offence case shall be heard by the administrative
commission or sub-commission of the local government.
(2) The administrative offence proceedings for the offence
referred to in Section 43, Paragraphs two (except for the offence
in respect of waste generated in a medical treatment
institution), three, four, five, six, and seven of this Law shall
be conducted by the State Environmental Service. The
administrative offence proceedings for the offence referred to in
Section 43, Paragraph two (except for the offence in respect of
waste generated in a medical treatment institution) of this Law
until hearing of the administrative offence case may be conducted
by the administrative inspectorate of a local government, the
executive director of a local government, the head of a parish or
city administration, the environmental inspectorate of a local
government, the environmental control official of a local
government, or the municipal police. The administrative offence
proceedings for the offence referred to in Section 43, Paragraph
two of this Law, provided that it has been committed in a forest,
shall also be conducted by the State Forest Service until
examination of an administrative offence case.
(3) The administrative offence proceedings for the offence
referred to in Section 43, Paragraph two of this Law in relation
to waste generated in a medical treatment institution shall be
conducted by the Health Inspectorate.
[5 December 2019; 9 July 2020]
Transitional
Provisions
1. With the coming into force of this Law, the Waste
Management Law (Latvijas Republikas Saeimas un Ministru
Kabineta Ziņotājs, 2001, No. 3; 2004, No. 7, No. 10; 2005,
No. 2, No. 15; 2006, No. 24; 2008, No. 9; 2009, No. 21) is
repealed.
2. Section 6, Clause 3, Section 12, Paragraph three, and
Section 42, Paragraph five of this Law shall come into force on 1
January 2011.
3. The Cabinet shall, not later than by 31 December 2010,
issue the regulations referred to in Section 6, Clause 1, Section
9, Paragraph four, Section 11, Paragraph two, Section 12,
Paragraph two, Section 17, Paragraphs five, six, and eight,
Section 20, Paragraphs four, five, and seven, Section 22,
Paragraph two, Clause 1, Section 24, Paragraphs two and four, and
Section 31, Paragraph four of this Law.
[30 April 2015]
4. The Cabinet shall, not later than by 30 November 2011,
issue the regulations referred to in Section 6, Clauses 2, 4, 5,
Section 20, Paragraph eight, Section 22, Paragraph two, Clauses 2
and 3, Section 24, Paragraph one, Section 29, Section 31,
Paragraph three, Section 36, Section 38, Paragraph two of this
Law.
[29 March 2012]
5. Until the day of the coming into force of the relevant
Cabinet Regulations, but not later than until 30 November 2011,
the following Cabinet Regulations shall be applicable:
1) Cabinet Regulation No. 323 of 17 July 2001, Requirements
for Incineration of Waste and Operation of Waste Incineration
Plants;
2) Cabinet Regulation No. 371 of 8 July 2003, Procedures for
the Determination of Payment for Disposal of Hazardous Waste;
3) Cabinet Regulation No. 365 of 20 April 2004, Regulations
Regarding Waste Recycling, Recovery and Disposal Types;
4) Cabinet Regulation No. 624 of 27 July 2004, Regulations
Regarding Categories of Electrical and Electronic Equipment;
5) Cabinet Regulation No. 736 of 24 August 2004, Requirements
for Marking of Electronic and Electrical Equipment and Provision
of Information Thereon;
6) Cabinet Regulation No. 923 of 9 November 2004, Regulations
Regarding the Management of Electrical and Electronic Equipment
Waste;
7) Cabinet Regulation No. 985 of 30 November 2004, Regulations
Regarding Waste Classification and Characteristics Making Waste
Hazardous;
8) Cabinet Recommendations No. 1 of 26 July 2005,
Recommendations for Local Governments Regarding the Binding
Regulations Regulating Municipal Waste Management;
9) Cabinet Regulation No. 874 of 22 November 2005, Procedures
for the Purchase and Sale of Ferrous and Non-ferrous Metal
Cuttings and Scrap;
10) Cabinet Regulation No. 1002 of 27 December 2005,
Procedures for the Registration of Electrical and Electronic
Equipment Manufacturers;
11) Cabinet Regulation No. 3 of 3 January 2006, Regulations
Regarding the State Fee for the Issue of Licence for the Purchase
of Ferrous and Non-ferrous Metal Cuttings and Scrap and the
Procedures for Payment of the State Fee;
12) Cabinet Regulation No. 332 of 25 April 2006, Regulations
Regarding Environmental Pollution from Production of Asbestos and
Asbestos-based Products and Management of Asbestos Waste;
13) Cabinet Regulation No. 474 of 13 June 2006, Regulations
Regarding the Construction of Landfill Sites, the Management,
Closure and Re-cultivation of Landfill Sites and Waste Dumps;
14) Cabinet Regulation No. 613 of 29 July 2008, Procedures for
the Issue, Extension, Review and Cancellation of Waste Management
Permits;
15) Cabinet Regulation No. 782 of 22 September 2008,
Procedures for the Submission of Reports on Volumes and Types of
Recycled Waste;
16) Cabinet Regulation No. 789 of 22 September 2008,
Procedures for the Management of Certain Types of Hazardous
Waste;
17) Cabinet Regulation No. 977 of 25 November 2008,
Regulations Regarding Procedures for the Registration Pertaining
to the Producers of Batteries and Accumulators and the Holder of
the Register;
18) Cabinet Regulation No. 1051 of 16 December 2008,
Procedures for the Recording, Identification, Storage, Packing,
Labelling and Transport of Hazardous Waste;
19) Cabinet Regulation No. 156 of 17 February 2009,
Regulations Regarding Procedures for the Registration of Foreign
Electrical and Electronic Equipment Manufacturers and their
Duties;
20) Cabinet Regulation No. 985 of 1 September 2009,
Regulations Regarding Waste Collection, Sorting Points and
Biodegradable Waste Composting Sites; and
21) Cabinet Regulation No. 121 of 9 February 2010, Regulations
Regarding Procedures for the Collection and Management of the
Primary Packaging to which the Deposit System is not Applied and
which is Collected at the Sales Point or Specially Established
Packaging Collection Point, and the Requirements for the
Merchants which Perform the Collection of such Packaging.
6. State waste management plan for 2006-2012 and regional
waste management plans issued until the day of coming into force
of this Law shall be in force until the end of the term
thereof.
7. Cabinet Regulation No. 797 of 26 September 2006,
Regulations Regarding the Regional Waste Management Plan of
Ziemeļvidzeme 2006-2013, shall be in force until 31 December
2013.
8. Local governments shall, by 1 April 2011, assess the
conformity of the binding regulations regarding municipal waste
management in force with the requirements of this Law and the
State waste management plan and regional plans, and also the
division of administrative territories local governments into
waste management zones and, if necessary, issue new binding
regulations until 1 October 2011.
9. The Ministry of Environmental Protection and Regional
Development shall, in cooperation with local governments, develop
and the Cabinet shall, by 1 July 2013, issue the regulations
referred to in Section 10, Paragraph one of this Law.
[16 December 2010; 29 March 2012]
10. The Cabinet shall:
1) by 30 December 2012, approve the State waste management
plan referred to in Section 9, Paragraph two of this Law,
including waste prevention programme;
2) [30 April 2015].
[30 April 2015]
11. Permits issued on the basis of the requirements of the
Waste Management Law (Latvijas Republikas Saeimas un Ministru
Kabineta Ziņotājs, 2001, No. 3; 2004, No. 7, No. 10; 2005,
No. 2, No. 15; 2006, No. 24; 2008, No. 9; 2009, No. 21) shall be
valid until the expiry of the term of validity thereof.
12. Until 26 July 2005 the contract entered into by and
between a local government and a municipal waste manager for the
collection, transport, reloading, and storage of municipal waste
shall expire within the term specified in the contract. If after
26 July 2005 the local government and the municipal waste manager
have entered into or extended the contract for the collection,
transport, reloading, and storage of municipal waste, not
applying the laws and regulations regarding public procurement or
in non-conformity with the laws and regulations regarding public
procurement, the abovementioned contract shall be terminated not
later than until 1 July 2013.
[The first sentence has been recognised as invalid from 1
July 2013 by a judgment of the Constitutional Court of 6 December
2012 which entered into effect on 11 December 2012, insofar as it
applies to contracts entered into without applying or applying
inappropriately the laws and regulations regarding public
procurement.]
13. Until entering into a contract for the municipal waste
management in the relevant zone with the merchant which has been
selected in accordance with the procedures laid down in the laws
and regulations governing public procurement or public-private
partnership, the payment for municipal waste management shall
conform to the last tariff approved by the Regulator for
municipal waste management which has been determined prior to
coming into force of this Law. The local government is entitled
to review the abovementioned tariff for municipal waste
management, if the tariff referred to in Section 39, Paragraph
one, Clauses 2 and 3 of this Law or tax has changed, and to
adjust in such amount in which it is affected by the relevant
changes.
14. A contract entered into by and between a local government
and a municipal waste manager for the collection, transport,
reloading, and storage of municipal waste in which the term of
validity of the contract is not determined shall be terminated
not later than until 1 July 2013.
15. A local government the contracts entered into of which are
to be terminated in accordance with Paragraph 12 or 14 of
Transitional Provisions of this Law, shall, by 1 July 2013,
select a municipal waste manager in accordance with the
procedures laid down in Section 18 of this Law.
16. Until the end of the term specified in the contract, but
not later than by 31 December 2015, a contract for the municipal
waste management which has been entered by a person who is the
commissioning party of public procurements in accordance with the
laws and regulations regarding public procurement, and which has
been entered into until the day of coming into force of this Law
shall be in effect.
17. Until the end of the term specified in the contract, but
not later than by 31 December 2015, a contract which a waste
producer which in accordance with laws and regulations is
exempted from payment of the natural resources tax for the
management of certain types of waste or which participates in the
management systems of certain types of waste has entered into
with a waste manager selected by him or her regarding separate
collection, transport, reloading, and storage of municipal waste
and which has been entered into until the day of coming into
force of this Law shall be in effect.
18. Local governments which until the day of coming into force
of this Law have not entered into the contract for the
collection, transport, reloading, and storage of municipal waste
shall select a municipal waste manager in accordance with the
procedures laid down in Section 18 of this Law by 31 December
2011.
19. The conditions of Section 27, Paragraph four of this Law
shall not be applied in respect of large size household
electrical and electronic equipment until 13 February 2013, but
in respect of other household electrical and electronic equipment
- until 13 February 2011. The costs indicated to purchasers
regarding the collection, processing, and disposal of such
equipment in safe manner may not exceed the actual costs for
waste electrical and electronic equipment management.
20. The Cabinet shall issue the regulations referred to in
Section 6, Clause 6, Section 12.1 of this Law not
later than by 1 July 2013.
[29 March 2012; 27 March 2014]
21. If a local government, in accordance with the procedures
laid down in Section 18 of this Law, has not entered into a
contract for the collection, transport, reloading, or storage of
municipal waste, persons that are commissioning parties within
the meaning of the laws and regulations regarding public
procurement shall carry out public procurement regarding
collection and transport of municipal waste, taking into account
the requirements of the binding regulations of the local
government. In such case a contract entered into by a
commissioning party shall be valid until the end of the term of
validity of the contract determined therein, however, not longer
than one month after entering into effect of the contract that
the local government has entered into with a merchant selected in
accordance with the procedures laid down in Section 18, Paragraph
one of this Law.
[29 March 2012]
22. The Cabinet shall:
1) by 1 July 2014 issue the regulations referred to in Section
6, Clause 1.1, Section 24, Paragraph two, and Section
42, Paragraph 8.2 of this Law;
2) by 30 December 2014 issue the regulations referred to in
Section 12.1 of this Law;
3) by 1 December 2015 issue the regulations referred to in
Section 12, Paragraph two, Clause 6 and Section 41, Paragraphs
1.2 and three of this Law;
4) by 1 March 2016 issue the regulations referred to in
Section 18, Paragraphs two and eleven and Section 42, Paragraph
four of this Law.
[27 March 2014; 30 April 2015]
23. Until the coming into force of the Cabinet Regulation
referred to in Section 24, Paragraph two of this Law, but not
later than until 1 July 2014 Cabinet Regulation No. 323 of 26
April 2011, Regulations Regarding Procedures for the Registration
of the Producers of Electrical and Electronic Equipment and
Producers of Batteries and Accumulators and the Fee for Data
Maintenance, shall be applied insofar as it is not in
contradiction with this Law.
[27 March 2014]
24. Until the coming into force of the Cabinet Regulation
referred to in Section 12.1 of this Law, but not later
than until 30 December 2014 Cabinet Regulation No. 1172 of 22
October 2013, Procedures for the Registration of Waste Dealers
and Waste Management Brokers, shall be applied insofar as it is
not in contradiction with this Law.
[27 March 2014]
25. Until the end of the term specified in the contract, but
not longer than until 1 June 2017 the contract for the
collection, transport, reloading, and storage of waste generated
at its site of performing commercial activity which has been
entered into by the waste producer and regarding which the local
government has been informed thereby, on the basis of Section 18,
Paragraph ten of the Waste Management Law which was in force
until 31 May 2015 shall be in effect.
[30 April 2015]
26. The rewording of Section 12, Paragraph three of this Law
shall come into force concurrently with the relevant amendments
to the law On Taxes and Duties.
[30 April 2015]
27. Amendments to Section 23, Paragraph one of this Law in
relation to accounting and provision of information to State
authorities and local governments and amendments to Section 41,
Paragraph one of this Law in relation to inclusion of the costs
related to the maintenance of a closed waste landfill site and
the costs related to reduction of the amount of biologically
degradable waste to be disposed of, in the tariff for waste
disposal in landfill sites shall come into force on 1 January
2016.
[30 April 2015]
28. The Cabinet shall:
1) by 31 March 2017, issue the regulations referred to in
Section 20, Paragraph eleven and Section 41, Paragraphs
1.3 and 1.5 of this Law;
2) by 31 August 2017, issue the regulations referred to in
Section 22, Paragraph one, Clauses 4 and 5 and Section 39,
Paragraph six of this Law.
[17 November 2016]
29. The Public Utilities Commission shall, by 28 February
2017, determine the procedures referred to in Section 41,
Paragraph 1.4 of this Law.
[17 November 2016]
30. By the date when the regulations referred to in Section
39, Paragraph six of this Law come into force, a waste manager
shall provide the local government with information on the amount
of the municipal waste that has been collected and transferred to
the landfill site.
[17 November 2016]
31. A manager of a landfill site for municipal waste shall
prepare a draft tariff and, not later than by 31 December 2017,
submit it for review to the Public Utilities Commission in
accordance with Section 41, Paragraph 1.4 of this Law
providing that the manager of the landfill site reduces the costs
included in the tariff for waste disposal by the revenue share
which it obtains as the difference between the payment of the
natural resources tax paid by the waste manager for the amount of
municipal waste in accordance with Section 39, Paragraph
2.1 of this Law providing that the manager of the
landfill site for municipal waste, upon accepting municipal waste
for disposal, collects the natural resources tax for the disposal
of municipal waste in the amount specified in laws and
regulations for the entire amount of the unsorted municipal waste
which is transferred for disposal, and the natural resources tax
paid into the State budget for the disposal of municipal
waste.
[7 December 2017]
32. If a manager of a landfill site for municipal waste has
submitted a draft tariff for review to the Public Utilities
Commission in accordance with Paragraph 31 of these Transitional
Provisions, but it has not been approved by 31 December 2017, the
manager of the landfill site for municipal waste shall, by 30
March 2018, submit updated draft tariff calculations in
conformity with the amendments to Section 41 of this Law which
shall come into force on 1 January 2018 (regarding the
supplementation of Paragraph one with Clause 9 and the deletion
of the first sentence in Paragraph 1.4).
[7 December 2017]
32.1 Until the moment when the Public Utilities
Commission approves the tariff for the disposal of municipal
waste in accordance with the methodology for the calculation of
the tariff for the service of the disposal of municipal waste
after coming into force of Section 41, Paragraph one, Clause 9 of
this Law, a manager of a landfill site the costs included in the
effective tariff for the disposal of municipal waste of which
have not been reduced by the revenue share which it obtains as
the difference between the payment of the natural resources tax
paid by the waste manager and the natural resources tax paid into
the State budget for the disposal of municipal waste shall apply
a coefficient to the natural resources tax for the disposal of
municipal waste which corresponds the ratio between the amount of
waste disposed of at the landfill site and the amount of waste
accepted at the landfill site, and concurrently notify the local
government thereof in accordance with Section 41, Paragraph
1.5 of this Law.
[7 December 2017]
32.2 After approval of the tariff referred to in
Paragraph 32.1, the manager of the landfill site for
municipal waste shall submit information to the local government
on the tariff approved. The local government shall, within a
month after receipt of information, take the decision on the fee
for unsorted municipal waste management (except for municipal
waste recovery) for the initial indicator in conformity with the
amendments to Section 39, Paragraph one of this Law which shall
come into force on 1 January 2018. The decision shall specify the
fee for the collection, transport, reloading, sorting of the
municipal waste and other activities specified in laws and
regulations which are performed before waste recovery and which
reduce the volume of disposable waste, storage, maintenance of
separate waste collection, reloading, and sorting infrastructure
objects according to a contract which has been entered into by
and between the local government and the waste manager and which
has been approved by it upon selecting the waste manager in
accordance with Section 18 of this Law.
[7 December 2017]
33. Information according to the procedures stipulated by the
Cabinet for mass and volume measurements of the municipal waste
and the ratio to be applied when converting from the units of
volume to units of mass shall be submitted by the waste manager
to the local government for the first time by 30 April 2018.
[17 November 2016]
34. If waste management contracts which have been entered to
in accordance with the procedures laid down in the laws and
regulations regarding public procurement or public-private
partnership by 31 December 2016 or announced by 31 December 2016
provide for a provision on the review of the management payment
of municipal waste, the local government shall perform a
re-calculation for 2017:
1) within two months after receipt of the information referred
to in Paragraph 30 of these Transitional Provisions from the
waste manager;
2) within two months after receipt of the information referred
to in Paragraph 32 of these Transitional Provisions from the
manager of the landfill site.
[17 November 2016]
35. If the waste management contracts which have been entered
into in accordance with the procedures laid down in the laws and
regulations regarding public procurement or public-private
partnership by 31 December 2016 or announced by 31 December 2016,
do not provide for an option to review the management payment of
municipal waste, the local government shall, by 30 June 2020,
ensure the review of the abovementioned contracts, by including
the provisions for re-calculation of the management payment of
municipal waste in accordance with Section 39, Paragraph five of
this Law, and shall perform the first re-calculation.
[17 November 2016]
36. Increase in the payment of natural resources tax according
to the tax rate that comes into force on 1 January 2017, for the
time period from 1 January 2017 until the moment when a decision
of the local government on determining the management payment of
municipal waste enters into effect, shall be proportionally
included in further payments by 31 December 2017.
[8 December 2016]
37. The requirements for the financial security in respect of
transport, recycling, or recovery in the territory of Latvia
shall be applicable from 1 July 2018. The waste manager to which
the waste management permit has been issued until 30 December
2017 or which has submitted an application for the receipt of a
permit by 30 June 2018 shall submit the financial security
referred to in Section 12, Paragraph 1.2 of this Law
to the State Environmental Service by 30 December 2018.
[7 December 2017]
38. The municipal and production waste holders and managers
referred to in Section 23, Paragraph four of this Law, and also
the operators of waste recycling or recovery facilities referred
to in Section 17.1, Paragraph one of this Law shall
commence the notification of receipt of transport and waste from
1 July 2018.
[7 December 2017]
39. From 1 July 2018 until the creation of the State
information system for record-keeping of waste transport, waste
holders and managers, and also the operators of recycling or
recovery facilities and the persons referred to in Section 42,
Paragraph fourteen shall notify the State Environmental Service
of the activities referred to in Section 17.1,
Paragraph one and Section 23, Paragraph four of this Law, sending
information to the official electronic mail address, but after
the launch of the State information system for record-keeping of
waste transport - the institution authorised by the Ministry of
Environmental Protection and Regional Development or a merchant
to which this task has been delegated by the Ministry of
Environmental Protection and Regional Development.
[7 December 2017]
40. The requirements for the financial security for the
transport of waste referred to in Article 3(2) of Regulation No
1013/2006 shall be applicable in relation to waste intended to be
brought in the territory of Latvia for recycling or recovery from
1 July 2018.
[7 December 2017]
41. The Cabinet shall, by 30 May 2018, issue the regulations
referred to in Section 17.1, Paragraph two, Section
23, Paragraph five, and Section 42, Paragraphs eleven and twelve
of this Law.
[7 December 2017]
42. The Public Utilities Commission shall, within two months
after coming into force of Section 41, Paragraph one, Clause 9 of
this Law, make amendments to the methodology for the calculation
of the tariff for the service of the disposal of municipal
waste.
[7 December 2017]
43. In cases where due to technical reasons it is impossible
to enter the information referred to in Section 17.1,
Paragraph one, Section 23, Paragraph four, and also Section 42,
Paragraph twelve of this Law in the State information system for
record-keeping of waste transport, waste holders or managers, and
also the operators of recycling or recovery facilities may submit
it to the State Environmental Service by 30 June 2019, sending it
to the official electronic mail address.
[7 December 2017]
44. The Cabinet shall, by 1 March 2018, issue the regulations
referred to in Section 4, Paragraph four, Section 12, Paragraph
two, Clauses 7 and 8, and Section 12.1, Paragraph four
of this Law.
[7 December 2017]
45. Starting from 1 April 2018, waste dealers and waste
management brokers shall notify the State Environmental Service
of the contracts entered into and transactions performed.
[7 December 2017]
46. Amendments to Section 8, Paragraph one, Clause 3 of this
Law (in respect of the deletion of the words "as well as
determine the institutions and officials authorised by the local
government which control the conformity with the binding
regulations and are entitled to draw up an administrative offence
protocol") and also Chapter IX of this Law shall come into force
concurrently with the Law on Administrative Liability.
[5 December 2019]
47. The waste dealer or waste management broker that has been
registered with the State Environmental Service until 30 December
2020 shall submit to the State Environmental Service the
financial security referred to in Section 12.1,
Paragraph five of this Law by 31 March 2021.
[9 July 2020]
48. The municipal, production, construction, or hazardous
waste holders or waste managers referred to in Section 23,
Paragraph four of this Law, and also the operators of waste
recycling, recovery, or disposal facilities referred to in
Section 17.1, Paragraph one of this Law shall commence
the notification of transport and receipt of waste from 30
December 2020.
[9 July 2020]
49. Local governments that form part of the waste management
regions shall, by 31 December 2023, develop and approve, for a
period ending on 30 December 2027, regional waste management
plans or a waste management plan for the administrative territory
of a local government if the local government does not agree to
approval of the regional waste management plan.
[9 July 2020; 15 September 2022; 16 March 2023]
50. The Cabinet shall:
1) by 1 October 2020, issue the Cabinet regulations referred
to in Section 7, Paragraph one, Clause 6, Section 9, Paragraph
five, Section 11, Paragraph three, Section 17.1,
Paragraph two, Section 20, Paragraphs three, four, and five and
Paragraph 8.1, Section 22, Paragraphs 1.1
and 1.2 and Paragraph two, Clause 6 of this Law;
2) by 30 December 2020, issue the Cabinet regulations referred
to in Section 12, Paragraph two, Clauses 9 and 10, Section 14,
Paragraph 1.1, and Section 23, Paragraph five of this
Law.
[9 July 2020]
51. Section 22, Paragraph five of this Law shall come into
force on 1 January 2030.
[9 July 2020 / The abovementioned amendment shall be
included in the wording of the Law of 1 January 2030]
52. A local government and the municipal waste manager chosen
thereby shall, by 31 December 2023, make amendments to contracts
on municipal waste management in relation to the amount of the
fee for unsorted municipal waste and biological waste in
accordance with the procedures for determining the fee provided
for in Sections 39 and 39.1 of this Law.
[31 March 2022; 16 March 2023]
53. The amendment regarding the new wording of Section 21,
Paragraph one of this Law which provides for the disposal of
municipal waste only in the landfill site for municipal waste of
the respective waste management region shall come into force on 1
January 2024.
[15 September 2022 / The abovementioned amendment
shall be included in the wording of the Law of 1 January
2024]
54. The contract on the disposal of the municipal waste
collected in the administrative territory of a local government
which the local government has entered into until 31 October 2022
with the manager of such landfill site for municipal waste where
the disposal of waste is ceased after 31 December 2023 shall be
in effect until the end of validity period determined in the
relevant contract and shall not be extended.
[15 September 2022]
55. The Cabinet shall:
1) by 31 December 2023, issue the regulations referred to in
Section 14, Paragraph one, Section 20, Paragraphs four,
5.2, seven, 8.1, and 8.2, and
Section 22, Paragraph 1.1 of this Law;
2) by 31 March 2024, issue the regulations referred to in
Section 6, Clauses 7, 8, and 9, Section 12, Paragraph two, Clause
1, Section 12.1, Paragraph 1.1, and Section
41, Paragraph 1.9 of this Law.
[16 March 2023]
56. Local governments shall establish the regional waste
management centres until 30 June 2024.
[16 March 2023]
57. Sections 37.3 and 37.4 of this Law
and amendments to Section 39.1 shall come into force
on 1 January 2024.
[16 March 2023 / The abovementioned amendments shall be
included in the wording of the Law as of 1 January 2024]
58. Until the moment when the tariff for unsorted municipal
waste processing or tariff for disposal of municipal waste
approved by the Public Utilities Commission enters into effect,
the regional waste management centre or a manager of a landfill
site for municipal waste shall apply the last tariff for disposal
of municipal waste at a landfill site approved for the manager of
the relevant landfill site for municipal waste.
[16 March 2023]
59. Until determination of the tariff for unsorted municipal
waste processing and the tariff for disposal of municipal waste
in accordance with Section 40, Paragraph two of this Law, it
shall be ensured that the contract which has been entered into
before establishment of the relevant regional waste management
centre for the outsourced service referred to in Section
40.1, Paragraph one of this Law complies with Section
40.1, Paragraph two of this Law.
[16 March 2023]
60. The Public Utilities Commission shall, by 30 June 2024,
determine the methodology referred to in Section 40, Paragraph
two of this Law.
[16 March 2023]
61. Local governments shall, by 31 December 2023, review and,
if necessary, update the binding regulations regarding waste
management in their administrative territory in accordance with
Section 8, Paragraph one, Clause 3 of this Law.
[16 March 2023]
Informative
Reference to the European Union Directives
[27 March 2014; 9 July
2020]
This Law contains legal norms arising from:
1) Council Directive 75/439/EEC of 16 July 1975 on the
disposal of waste oils;
2) Council Directive 75/442/EEC of 15 July 1975 on waste;
3) Council Directive 78/176/EEC of 20 February 1978 on waste
from the titanium dioxide industry;
4) Council Directive 82/883/EEC of 3 December 1982 on
procedures for the surveillance and monitoring of environments
concerned by waste from the titanium dioxide industry;
5) Council Directive 83/29/EEC of 24 January 1983 amending
Directive 78/176/EEC on waste from the titanium dioxide
industry;
6) Council Directive 87/101/EEC of 22 December 1986 amending
Directive 75/439/EEC on the disposal of waste oils;
7) Council Directive 91/156/EEC of 18 March 1991 amending
Directive 75/442/EEC on waste;
8) Council Directive 91/157/EEC of 18 March 1991 on batteries
and accumulators containing certain dangerous substances;
9) Council Directive 91/689/EEC of 12 December 1991 on
hazardous waste;
10) Council Directive 91/692/EEC of 23 December 1991
standardizing and rationalizing reports on the implementation of
certain Directives relating to the environment;
11) Commission Directive 93/86/EEC of 4 October 1993 adapting
to technical progress Council Directive 91/157/EEC on batteries
and accumulators containing certain dangerous substances;
12) Council Directive 94/31/EC of 27 June 1994 amending
Directive 91/689/EEC on hazardous waste;
13) Council Directive 96/59/EC of 16 September 1996 on the
disposal of polychlorinated biphenyls and polychlorinated
terphenyls (PCB/PCT);
14) Commission Directive 98/101/EC of 22 December 1998
adapting to technical progress Council Directive 91/157/EEC on
batteries and accumulators containing certain dangerous
substances (Text with EEA relevance);
15) Council Directive 1999/31/EC of 26 April 1999 on the
landfill of waste;
16) Directive 2000/76/EC of the European Parliament and of the
Council of 4 December 2000 on the incineration of waste;
17) Directive 2002/96/EC of the European Parliament and of the
Council of 27 January 2003 on waste electrical and electronic
equipment (WEEE);
18) Directive 2003/108/EC of the European Parliament and of
the Council of 8 December 2003 amending Directive 2002/96/EC on
waste electrical and electronic equipment (WEEE);
19) Directive 2006/12/EC of the European Parliament and of the
Council of 5 April 2006 on waste (Text with EEA relevance);
20) Directive 2006/66/EC of the European Parliament and of the
Council of 6 September 2006 on batteries and accumulators and
waste batteries and accumulators and repealing Directive
91/157/EEC;
21) Directive 2008/98/EC of the European Parliament and of the
Council of 19 November 2008 on waste and repealing certain
Directives (Text with EEA relevance);
22) Directive 2009/31/EC of the European Parliament and of the
Council of 23 April 2009 on the geological storage of carbon
dioxide and amending Council Directive 85/337/EEC, European
Parliament and Council Directives 2000/60/EC, 2001/80/EC,
2004/35/EC, 2006/12/EC, 2008/1/EC and Regulation (EC) No
1013/2006;
23) Directive 2012/19/EU of the European Parliament and of the
Council of 4 July 2012 on waste electrical and electronic
equipment (WEEE);
24) Directive (EU) 2018/849 of the European Parliament and of
the Council of 30 May 2018 amending Directives 2000/53/EC on
end-of-life vehicles, 2006/66/EC on batteries and accumulators
and waste batteries and accumulators, and 2012/19/EU on waste
electrical and electronic equipment;
25) Directive (EU) 2018/850 of the European Parliament and of
the Council of 30 May 2018 amending Directive 1999/31/EC on the
landfill of waste;
26) Directive (EU) 2018/851 of the European Parliament and of
the Council of 30 May 2018 amending Directive 2008/98/EC on
waste.
The Law shall come into force on the day following the
proclamation thereof.
The Law has been adopted by the Saeima on 28 October
2010.
President V. Zatlers
Rīga, 17 November 2010
1The Parliament of the Republic of
Latvia
Translation © 2023 Valsts valodas centrs (State
Language Centre)