Text consolidated by Valsts valodas centrs (State
Language Centre) with amending laws of:
31 January 2013 [shall come
into force on 21 February 2013];
10 March 2016 [shall come into force on 20 April
2016];
9 February 2023 [shall come into force on 1 March
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:
Law on the Handling of Explosives
for Civil Uses
Chapter I
General Provisions
Section 1. Terms Used in this
Law
The following terms are used in this Law:
1) handling of explosives and explosive devices - the
manufacture, marking, marketing, purchase, storage, use, export,
import, transit, movement, transportation, accounting of,
withdrawing, and disposal of explosives and explosive
devices;
2) storage of explosives and explosive devices -
keeping of explosives and explosive devices at a permitted
location, in compliance with the specified requirements;
3) movement of explosives and explosive devices -
transfer or transportation of explosives and explosive devices
from one European Union Member State or European Economic Area
State to another European Union Member State or European Economic
Area State;
4) placing on the market of explosives and explosive
devices - the first making available of explosives and
explosive devices on the market of a European Union Member State
or European Economic Area State;
5) making available on the market of explosives and
explosive devices - any supply of explosives and explosive
devices performed for distribution or use on the market of a
European Union Member State or European Economic Area State in
the course of a commercial activity, whether in return for
payment or free of charge;
6) explosive - a chemical compound, mechanical mixtures
of chemical compounds or their solutions which react rapidly
under the influence of external factors, producing a large amount
of gas or thermal energy;
7) explosive device - a medium which ensures an
explosion at a specific place and time or as a result of a
particular impact (blast equipment and firing devices -
detonators);
8) manufacturer - a natural or legal person who designs
and manufactures explosives and explosive devices or has
explosives and explosive devices designed or manufactured on
behalf of him or her and who places such explosives and explosive
devices on the market under his or her name or trade mark or uses
it for his or her own purposes;
9) authorised representative - a natural or legal
person who is established in a European Union Member State or
European Economic Area State and who has received a written
mandate from a manufacturer to act on his or her behalf in
relation to specified tasks for the fulfilment of the
requirements of this Law;
10) importer - a natural or legal person who is
established in a European Union Member State or European Economic
Area State and who places explosives and explosive devices from a
third country on the market of a European Union Member State or
European Economic Area State;
11) distributor - a natural or legal person in the
supply chain, other than the manufacturer or the importer, who
makes explosives and explosive devices available on the
market;
12) notified body - a conformity assessment body of
explosives and explosive devices accredited by the national
accreditation body of Latvia which has the status of a legal
person and regarding which it has been notified to the European
Commission in accordance with the procedures laid down in laws
and regulations, or a conformity assessment body of explosives
and explosive devices notified by other European Union Member
States or European Economic Area States.
[10 March 2016]
Section 2. Purpose of the Law
The purpose of this Law is to determine the rights and
obligations of natural and legal persons in relation to the
handling of explosives and explosive devices for civil uses in
Latvia, and also the requirements to be set for explosives and
explosive devices, in order to guarantee the public safety, the
protection of human health, property and the environment, and
also the safety of professional users.
Section 3. Scope of Application of
the Law
(1) The Law applies to explosives and explosive devices, which
are considered as such in accordance with the European Agreement
concerning the International Carriage of Dangerous Goods by Road
(ADR), the International Maritime Dangerous Goods Code (IMDG
Code), Annex to Supplement C, Regulations concerning
International Carriage of Dangerous Goods by Rail (RID), of the
Protocol of 3 June 1999 for the Modification of the Convention
concerning International Carriage by Rail (COTIF) of 9 May 1980,
Annex 2, Regulations concerning Carriage of Dangerous Goods, to
the Agreement of the International Organisation for Co-operation
of Railways of 1 November 1951 on International Goods Transport
by Rail (SMGS), Annex 18, The Safe Transport of Dangerous Goods
by Air, to the Convention on International Civil Aviation
(Chicago Convention), Technical Instructions for the Safe
Transport of Dangerous Goods (ICAO TI Doc. 9284) of the
International Civil Aviation Organisation (ICAO) and which belong
to dangerous goods of Class I specified in these documents
(except for pyrotechnic articles and firearm ammunition).
(2) The commercial handling of military explosives and
explosive devices shall be determined by the laws and regulations
governing the handling of goods of strategic significance.
(3) Only the part in this Law regarding the manufacture of
explosives shall be applied to gunpowder.
(4) This Law shall not apply to:
1) fuses which are cord-like non-detonating igniting
devices;
2) safety fuses which consist of a core of fine-grained black
powder surrounded by a flexible woven fabric with one or more
protective outer coverings and which, when ignited, burn at a
predetermined rate without any external explosive effect;
3) cap-type primers which consist of a metal or plastic cap
containing a small amount of primary explosive mixture that is
readily ignited by impact and which is used in small arms
cartridges or in percussion primers for propelling charges.
[31 January 2013]
Section 4. Prohibitions
(1) The following is prohibited in Latvia:
1) the handling of explosives and explosive devices prohibited
in international agreements binding on Latvia, except for the
withdrawal and disposal thereof;
2) the marketing of such explosives and explosive devices for
which conformity assessment has not been carried out in
accordance with this Law;
3) the handling of explosives and explosive devices which do
not comply with the essential safety requirements;
4) the handling of unmarked explosives and explosive
devices.
(2) Natural persons are prohibited to manufacture, purchase,
store, carry, market, transfer, transport, and use explosives,
explosive devices and their components.
(3) Legal persons are prohibited to manufacture, purchase,
store, market, transfer, transport, and use explosives and
explosive devices.
(4) The prohibitions specified in Paragraphs two and three of
this Section shall not be applied to merchants which have been
issued a special permit (licence) for commercial activity with
explosives and explosive devices, and State authorities which
have been granted the right to purchase and use explosives and
explosive devices in their activities in accordance with this
Law, and also the employees of the referred to merchants and
State authorities who perform the relevant activities with
explosives and explosive devices in fulfilling their duties.
Chapter II
Conformity Assessment, Marking and Essential Safety Requirements
of Explosives and Explosive Devices
Section 5. Conformity Assessment of
Explosives and Explosive Devices
(1) Prior to placing on the market of an explosive and
explosive devices, the manufacturer shall ensure that conformity
assessment of the explosive and explosive device is
performed.
(2) Conformity of explosives and explosive devices shall be
assessed by the notified body in accordance with the laws and
regulations determining the requirements for the conformity
assessment of explosives and explosive devices.
[10 March 2016]
Section 6. Conformity Assessment
Bodies of Explosive and Explosive Devices and Requirements to be
Set for Them
(1) The Ministry of Economics shall, in accordance with the
procedures laid down in the laws and regulations governing
conformity assessment, notify the European Commission, European
Union Member States, and European Economic Area States of
conformity assessment bodies of explosives and explosive
devices.
(2) If the commission for the notification of conformity
assessment bodies has information at its disposal that the
notified body no longer conforms to the requirements set for it
or does not fulfil its obligations, such commission is entitled
to take the decision to restrict, suspend, or revoke the status
of the notified body, and the Ministry of Economics shall inform
the European Commission, European Union Member States, and
European Economic Area States thereof.
(3) The requirements to be set for the conformity assessment
body of explosives and explosive devices shall be determined by
the Cabinet.
[10 March 2016]
Section 7. Marking of Explosives and
Explosive Devices
[10 March 2016]
Section 7.1 Obligations
of the Manufacturer, its Authorised Representative, Importer, and
Distributor
The obligations of the manufacturer, its authorised
representative, importer, and distributor shall be determined by
the Cabinet.
[10 March 2016]
Section 8. Procedures for the
Conformity Assessment and Marking of Explosives and Explosive
Devices
The procedures for the conformity assessment and marking of
explosives and explosive devices shall be determined by the
Cabinet.
Section 9. Essential Safety
Requirements for Explosives and Explosive Devices
The essential safety requirements to be set for explosives and
explosive devices shall be determined by the Cabinet.
Chapter III
Licensing of Commercial Activity
Section 10. Special Permits
(Licences)
(1) In order to carry out blasting, manufacture, marketing,
export, import, transit, or movement of explosives and explosive
devices, it shall be necessary to have a special permit
(licence).
(2) The special permits (licences) referred to in Paragraph
one of this Section shall be issued by the State Police which for
this purpose shall establish a licensing commission consisting of
at least five persons.
(3) The licensing commission of the State Police shall issue
the following special permits (licences):
1) a special permit (licence) for the performance of blasting
which grants the right to perform blasting, and also to purchase
and store explosives and explosive devices necessary for the
performance of blasting;
2) a special permit (licence) for the marketing of explosives
and explosive devices which grants the right to market explosives
and explosive devices, and also perform the movement, export,
import, and transit of explosives and explosive devices;
3) a special permit (licence) for the manufacture of
explosives and explosive devices which grants the right to
perform the manufacture, marketing, movement, export, import, and
transit of explosives and explosive devices.
(4) A merchant shall receive a duplicate of the special permit
(licence), if the special permit (licence) has been damaged,
lost, or stolen, and a repeated special permit (licence), if the
information indicated in the special permit (licence) on the
merchant has changed or if a different site has been established
for the manufacture, storage, or marketing of explosives and
explosive devices.
(5) A State fee shall be paid for the issuance of a special
permit (licence), a duplicate thereof and a repeated special
permit (licence).
(6) Information on special permits (licences), heads of the
licensed merchants and persons who hold positions in the
administrative bodies of the merchants, and also the employees to
whom the restrictions provided for in this Law apply, shall be
registered by the State Police in the Licence and Certificate
Register of the Information Centre of the Ministry of the
Interior. The scope of the information to be registered, the
procedures for the entering, use and deletion thereof, and also
the authorities which may be granted access to the information
included in this Register shall be determined by the Cabinet.
(7) The requirements for the receipt of a special permit
(licence) and the requirements to be fulfilled during the
validity term of the special permit (licence), the procedures, by
which a merchant shall be issued a special permit (licence), a
duplicate thereof or a repeated special permit (licence), a
special permit (licence) shall be revoked, the validity of a
special permit (licence) shall be suspended, as well the amount
of the State fee to be paid for the issuance of a special permit
(licence), a duplicate thereof and a repeated special permit
(licence) and the payment procedures thereof shall be determined
by the Cabinet.
Section 11. Restrictions for Issuing
the Special Permit (Licence)
(1) Special permits (licences) shall be issued to individual
merchants and commercial companies, if the restrictions specified
in Paragraph two of this Section do not apply to the relevant
individual merchant or persons who hold positions in the
administrative bodies of the merchant, and to the employees of
the merchant who are directly related to the manufacture,
storage, accounting, marketing of explosives and explosive
devices or the performance of blasting.
(2) It is prohibited to issue the special permit (licence) to
a merchant:
1) if the individual merchant or a person who holds a position
in the administrative body of the merchant, or an employee of the
merchant who is directly related to the manufacture, storage,
marketing of explosives and explosive devices or the performance
of blasting:
a) has been punished for committing a criminal offence -
before extinguishment or setting aside of the conviction;
b) has been convicted for committing a criminal offence,
releasing from punishment - until a year has not elapsed after
entering into effect of the adjudication regarding release from
serving of the sentence;
c) has been released from criminal liability - until a year
has not elapsed after entering into effect of the relevant
decision;
d) has been conditionally released from criminal liability -
until the probation period has not elapsed;
e) is suspected of, or accused of committing a criminal
offence;
f) has been administratively punished for the violation of the
regulations regarding the handling of explosives and explosive
devices, violations committed under the influence of alcoholic
beverages, narcotic or other intoxicating substances, for refusal
to submit to a test for alcohol concentration, from a test for
the influence of narcotic or other intoxicating substances, for
petty hooliganism or for malicious non-compliance with a lawful
order or request of a police officer, border guard, or national
guard - until a year has not elapsed after execution of the
administrative punishment;
g) is a person who has been diagnosed with mental
disorders;
h) is a person who has been diagnosed with addiction to
alcohol, narcotic, psychotropic, or toxic substances;
i) is a person on whom the State Police or State security
institutions have such information at the disposal thereof,
acquired and verified in accordance with the procedures laid down
in the law, which testifies that the person belongs to prohibited
militarised or armed units, to political parties or public
organisations (societies), associations or movements thereof
which have commenced public activities prior to the registration
thereof or continue activities after it has been suspended or
terminated by a court adjudication, and also belongs to groups of
the organised crime;
2) whose special permit (licence) for commercial activity with
explosives and explosive devices or commercial activity with
weapons, ammunition, special means or pyrotechnic articles has
been revoked - until a year has not elapsed after revocation
thereof;
3) a participant of which is a legal person whose special
permit (licence) for commercial activity with explosives and
explosive devices or commercial activity with weapons,
ammunition, special means, or pyrotechnic articles has been
revoked within the last year;
4) a participant of which or an official of the administrative
body of which is a natural person who has been such an individual
merchant or a member of the merchant whose special permit
(licence) for commercial activity with explosives and explosive
devices or commercial activity with weapons, ammunition, special
means, or pyrotechnic articles has been revoked within the last
year, or who had held a position in the administrative body of
such merchant.
Section 12. Suspending of Operation
and Annulment of a Special Permit (Licence)
(1) The State Police may suspend the validity of a special
permit (licence) for a period of time up to 60 days, if:
1) there is reason to believe that the activity of the
merchant threatens State security, stability, the fulfilment of
international obligations, public safety or order, the
environment, human life, health, or property - in order to
perform an examination and to obtain opinions from competent
authorities;
2) the merchant has violated the provisions for the
manufacture, marketing, storage, accounting, use, or movement of
explosives and explosive devices - in order to interrupt and
prevent violations.
(2) The licensing commission of the State Police is entitled
to revoke a special permit (licence), if:
1) the restrictions for the issuance of a special permit
(licence) specified in Section 11 of this Law have been
determined;
2) facts have been revealed that the activity of the merchant
threatens State security, stability, the fulfilment of
international obligations, public safety or order, the
environment, human life, health or property;
3) the merchant has not eliminated the violation referred to
in Paragraph one, Clause 2 of this Section in the specified
period of time;
4) the merchant has intentionally provided false information
in order to receive the special permit (licence);
5) the merchant has been liquidated or the activity thereof
has been suspended for a period of time longer than 60 days.
Section 13. Appeal of a Decision
A decision on refusal to issue a special permit (licence), on
suspension of the validity of a special permit (licence) or the
revocation of a special permit (licence) may be contested and
appealed in accordance with the procedures laid down in the
Administrative Procedure Law. Contesting and appeal of a decision
to suspend or cancel the operation of a special permit (licence)
shall not suspend its operation.
Chapter IV
Provisions for the Handling of Explosives and Explosive
Devices
Section 14. Manufacture of
Explosives and Explosive Devices
(1) A merchant which has received a special permit (licence)
for the manufacture of explosives and explosive devices may
manufacture explosives and explosive devices, in conformity with
the following conditions:
1) explosives and explosive devices are manufactured in a
specially arranged site the address of which has been indicated
in the special permit (licence);
2) raw materials of explosives and explosive devices are
stored under such conditions where they are not accessible to
other persons;
3) such conditions are provided at the manufacturing site of
explosives and explosive devices which prevent threats to the
environment, human life, health, or property.
(2) Explosives shall be manufactured in such a way that, when
using the appropriate methods, they may be used in such a manner
which reduces the impact on the environment.
Section 14.1 Making
Available on the Market of Explosives and Explosive Devices
(1) Explosives and explosive devices shall be made available
on the market only if they conform to the essential safety
requirements, have been stored and marked in accordance with the
requirements laid down in the laws and regulations for explosives
and explosive devices, if the instructions and safety information
in the official language have been appended thereto,
corresponding technical documentation is available, and European
Union declaration of conformity has been prepared, and also
conformity assessment has been performed and it has been
certified with a CE European conformity marking and, in using for
the intended purpose, they do not endanger human health and
safety.
(2) Explosives and explosive devices shall be made available
on the market only if the requirements of this Law are conformed
to.
[10 March 2016]
Section 15. Marketing of Explosives
and Explosive Devices
A merchant which has received a special permit (licence) for
the marketing of explosives and explosive devices shall market
explosives and explosive devices, in conformity with the
following conditions:
1) explosives and explosive devices are only marketed in
specially arranged premises the address of which has been
indicated in the special permit (licence);
2) explosives and explosive devices are marketed to legal
persons which have received the special permit (licence) referred
to in Section 10 of this Law or to State authorities which have
been granted the right, by the law, to purchase, store explosives
and explosive devices, and to use them in their activity.
Section 16. Performance of
Blasting
(1) A merchant which has received a special permit (licence)
for the performance of blasting shall perform blasting, in
conformity with the following conditions:
1) the performance of blasting is delegated to an employee who
has received the certificate of a blaster in accordance with the
procedures laid down in this Law;
2) the managing of blasting is delegated to an employee who
has received the certificate of a blasting manager in accordance
with the procedures laid down in this Law;
3) such conditions are provided when performing blasting which
prevent threats to the environment, human life, health, or
property.
(2) The procedures for the coordination and performance of
blasting, and also the restrictions on performance of blasting
shall be determined by the Cabinet.
(3) If blasting is to be performed at mineral resources
extraction sites, the State fee shall be paid for the
coordination of the blasting project. The amount of the State fee
and its payment procedures shall be determined by the
Cabinet.
[9 February 2023]
Section 17. Purchase of Explosives
and Explosive Devices
A merchant has the right to purchase explosives and explosive
devices and to use them in accordance with the type of activity
indicated in the special permit (licence).
Section 18. Storage of Explosives
and Explosive Devices
(1) A merchant shall store explosives and explosive devices in
a specially arranged warehouse the address of which shall be
indicated in the special permit (licence).
(2) A merchant shall store explosives and explosive devices,
in conformity with the following conditions:
1) explosives and explosive devices are stored in the
permitted place of storage and in such amount which does not
exceed the amount indicated in the special permit (licence);
2) explosives and explosive devices are stored in such
conditions where they are not accessible to other persons;
3) such conditions are provided at the storage site of
explosives and explosive devices which prevent threats to the
environment, human life, health, or property.
(3) A merchant is prohibited to store explosives and explosive
devices which do not have a conformity assessment certificate,
which are not marked and do not comply with the essential safety
requirements. This prohibition shall not apply to a manufacturer
of explosives and explosive devices which uses them for research,
development, and testing, if the product or the packaging bears a
clear indication regarding such non-conformity and the reason for
the manufacture.
(4) A merchant is prohibited to delegate the performance of
receipt, issuance, storage, and accounting of explosives and
explosive devices to an employee who has not received the
certificate of a blaster in accordance with the procedures laid
down in this Law.
Section 19. Procedures for the
Manufacture, Purchase, Storage, and Marketing of Explosives and
Explosive Devices
The procedures for the manufacture, purchase, storage, and
marketing of explosives and explosive devices shall be determined
by the Cabinet.
Section 20. Transportation,
Movement, Export, Import, and Transit of Explosives and Explosive
Devices
(1) A transaction of movement, export, import, and transit of
explosives and explosive devices in accordance with the Law on
the Circulation of Goods of Strategic Significance shall require
a licence for the export, import, and transit of goods of
strategic significance and documents of prior agreement for the
movement of explosives between the European Union Member States
and European Economic Area States.
(2) The requirements to be fulfilled by a merchant during the
transit of explosives and explosive devices shall be determined
by the Cabinet.
Section 21. Accounting of Explosives
and Explosive Devices
(1) A merchant has an obligation to ensure the accounting of
explosives and explosive devices.
(2) The Cabinet shall determine the procedures for accounting
for explosives and explosive devices.
(3) A merchant shall be responsible for the observation of the
accounting procedures for explosives and explosive devices and
shall ensure legal handling of explosives and explosive
devices.
Section 22. Withdrawal and Disposal
of Explosives and Explosive Devices
(1) Explosives and explosive devices shall be withdrawn by the
State Police:
1) if the explosives and explosive devices have not undergone
conformity assessment, are not marked or do not meet the
essential safety requirements;
2) if the validity term of the special permit (licence) has
expired, the validity thereof has been suspended or the special
permit (licence) has been revoked;
3) by a court adjudication.
(2) Explosives and explosive devices shall be destroyed by the
National Armed Forces:
1) upon request of State institutions;
2) upon request of the owner of explosives and explosive
devices, if the explosives and explosive devices have become
unsafe or unusable;
3) by a court adjudication.
(3) The procedures for the withdrawal and disposal of
explosives and explosive devices shall be determined by the
Cabinet.
(4) The procedures for payment of the State fee for the
disposal of explosives and explosive devices upon request of an
owner, and the amount of the fee shall be determined by the
Cabinet.
Section 23. Submission of Samples of
Explosives and Explosive Devices
(1) A merchant has an obligation to submit samples of
explosives and explosive devices imported into Latvia, and also
of mixtures used in blasting to the State Police. They shall be
included in the comparative sample collection of the State
Police.
(2) The procedures by which a merchant shall submit samples of
explosives and explosive devices imported into Latvia, and also
of mixtures used in blasting to the State Police shall be
determined by the Cabinet.
Chapter V
Certification of a Blaster and Blasting Manager
Section 24. Certificate of a Blaster
and Certificate of a Blasting Manager
(1) In order for a natural person to be authorised to operate
with explosives and explosive devices in accordance with the
procedures laid down in this Law, he or she shall receive the
certificate of a blaster which certifies the professional
competence of the person in the performance of blasting.
(2) In order for a natural person to be authorised to manage
blasting, he or she shall receive the certificate of a blasting
manager which certifies the professional competence of the person
in managing blasting.
(3) If a person has received the certificate of a blaster or
the certificate of a blasting manager or an equivalent document
certifying the professional competence of the person in a foreign
state and it has been recognised in accordance with the
procedures laid down in the law On the Regulated Professions and
the Recognition of Professional Qualifications, he or she has the
same rights as the persons referred to in Paragraph one or two of
this Section.
(4) Persons who have reached at least the age of 18 years have
acquired an appropriate programme of vocational in-service
training and have passed the qualification examination, have the
right to receive the certificate of a blaster if the restrictions
specified in Section 11, Paragraph two, Clause 1 of this Law do
not apply to them.
(5) Persons who have reached at least the age of 21 years,
have obtained the qualification of a mining engineer in an
educational institution or have acquired an appropriate programme
of vocational in-service training and have passed the
qualification examination, have the right to acquire the
certificate of a blasting manager, if the restrictions specified
in Section 11, Paragraph two, Clause 1 of this Law do not apply
to them.
(6) The validity term of the certificate of a blaster and the
certificate of a blasting manager shall be five years.
(7) A State fee shall be paid for the issuance of the
certificate of a blaster or the certificate of a blasting
manager, a duplicate thereof and a repeated certificate.
(8) The procedures for the issuing of the certificate of a
blaster and the certificate of a blasting manager, the amount of
and the procedures for payment of the State fee for the
certificate of a blaster and the certificate of a blasting
manager, a duplicate thereof and a repeated certificate, and also
the authority which shall accept the qualification examination of
a blaster and a blasting manager, shall be determined by the
Cabinet.
Section 25. Revocation of the
Certificate of a Blaster and Certificate of a Blasting
Manager
(1) The State Police shall revoke the certificate of a blaster
and the certificate of a blasting manager of a person to whom the
restrictions specified in Section 11, Paragraph two, Clause 1 of
this Law apply.
(2) The procedures for the revocation of the certificate of a
blaster and the certificate of a blasting manager shall be
determined by the Cabinet.
Section 26. Accounting of
Certificates of Blasters and Certificates of Blasting
Managers
(1) Information on certificates of blasters and certificates
of blasting managers shall be registered by the State Police in
the Licence and Certificate Register of the Information Centre of
the Ministry of the Interior.
(2) The scope of the information to be registered in the
Licence and Certificate Register of the Information Centre of the
Ministry of the Interior, the procedures for the entering, use,
and deletion thereof, and also the authorities which may be
granted access to the information included in the Register shall
be determined by the Cabinet.
Chapter VI
Civil Legal Liability Insurance and Supervision of the Handling
of Explosives and Explosive Devices
Section 27. Obligation to Compensate
Losses
A merchant which has received the special permit (licence)
referred to in Section 10 of this Law has an obligation to
compensate the losses for the third persons which it has
inflicted with the acts or failure to act thereof.
Section 28. Civil Legal Liability
Insurance
(1) A merchant which has received the special permit (licence)
referred to in Section 10 of this Law has an obligation to insure
the civil legal liability for damage inflicted to the life or
health of a third person and losses caused to the property of a
third person resulting from the acts or failure to act thereof,
and also to inform the issuer of the special permit (licence) of
existence of the mandatory civil legal liability insurance.
(2) The losses caused to the property belonging to a third
person shall be evaluated, taking into account the principles of
compensation in accordance with the law On Insurance Contracts.
The amount of insurance compensation shall be determined by
agreement of the parties.
(3) If, with the occurrence of an insurance event, losses have
been incurred by several persons and the amount thereof exceeds
the limit of liability specified in the insurance contract
(policy), insurance compensation shall be calculated for each
claimant in proportion to the losses incurred by him or her in
such an amount that the total compensation payable shall not
exceed the limit of liability for one insurance event specified
in the insurance contract (policy).
(4) The procedures for civil legal liability insurance and the
limit thereof shall be determined by the Cabinet.
Section 29. Control of the Handling
of Explosives and Explosive Devices
(1) The State Police and the customs authorities of the State
Revenue Service shall control that only such explosives and
explosive devices are marketed which have a conformity assessment
certificate, a CE European conformity marking and the special
mark of the European Union.
(2) The State Police, the Security Police, the State Fire and
Rescue Service, and the State Environmental Service in accordance
with their competence shall control the observation of the
provisions regarding the manufacture, marketing, storage, and
transportation of explosives and explosive devices.
Transitional Provisions
1. [31 January 2013]
2. Special permits (licences) and registration certificates
for commercial activity with explosives which have been issued
until the day of the coming into force of this Law shall be in
force until the expiry of the term of validity thereof. A
merchant shall request a special permit (licence) 30 days prior
to the expiry of the validity term indicated on the special
permit (licence). In such case the State fee for the issuance of
a special permit (licence) shall be applied in such an amount
which is provided for the issuance of a repeated permit
(licence).
3. The requirements laid down in Section 7 of this Law
regarding the special marking of explosives and explosive devices
shall be applied from 5 April 2013. The requirements laid down in
Section 7 of this Law regarding the special marking of explosives
and explosive devices shall be applied from 5 April 2015.
[31 January 2013]
4. Explosives and explosive devices which have been placed on
the market until 19 April 2016 may be made available on the
market if they conform to the requirements of the laws and
regulations governing the handling of explosives and explosive
devices in force at the time of placing on the market of the
explosive and explosive device.
[10 March 2016]
Informative Reference to European
Union Directive
[10 March 2016]
The Law contains legal norms arising from Council Directive
2014/28/EEC of 5 February 2014 on the harmonisation of the
provisions relating to the placing on the market and the
supervision of explosives for civil uses.
The Law shall come into force on 1 January 2011.
The Law has been adopted by the Saeima on 28 October
2010.
President V. Zatlers
Rīga, 17 November 2010
1 The Parliament of the Republic of
Latvia
Translation © 2024 Valsts valodas centrs (State
Language Centre)