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LEGAL ACTS OF THE REPUBLIC OF LATVIA
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The translation of this document is outdated.
Translation validity: 01.01.2011.–20.02.2013.
Amendments not included: 31.01.2013., 10.03.2016.

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) manufacture of explosives and explosive devices - the designing, testing, industrial or individual manufacture of explosives and explosive devices for marketing with their own brand name or trademark. Explosives, which a merchant has manufactured for own use at a blasting site and uses them immediately after manufacture thereof, shall not be considered as having been manufactured (produced);

5) marketing of explosives and explosive devices - the sale of explosives and explosive devices or transfer of another kind in the ownership of another person in order to distribute against 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; and

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).

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, as well as 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, as well as the safety of professional users.

Section 3. Scope of Application of this Law

(1) This 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 pyrotechnic articles and firearm ammunition).

(2) The commercial handling of military explosives and explosive devices shall be determined by the regulatory enactments regulating the handling of goods of strategic significance.

(3) Only the part in this Law regarding the manufacture of explosives shall be applied to gunpowder.

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 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; and

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, as well as 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) A manufacturer or importer shall receive a conformity assessment certificate for an explosive or explosive device prior to the initial marketing of the explosive or explosive device in a European Union Member State or European Economic Area State or use against payment or free of charge.

(2) The conformity assessment certificates for explosives and explosive devices shall be issued by accredited conformity assessment authorities of the European Union Member States or European Economic Area States.

Section 6. Conformity Assessment Authorities of Explosive and Explosive Devices and Requirements to be Set for Them

(1) The conformity assessment of explosives and explosive devices in Latvia shall be performed by authorities, which have been accredited by the limited liability company "Standardisation, Accreditation and Metrology Centre" Latvian National Accreditation Bureau (hereinafter - Latvian National Accreditation Bureau).

(2) The Ministry of Economics shall inform the European Commission, the European Union Member States and European Economic Area States regarding those accredited authorities, which have been granted the right to perform conformity assessment of explosives and explosive devices. The information shall indicate the identification numbers that the European Commission has assigned to these authorities.

(3) The Ministry of Economics, upon receipt of the notification from the Latvian National Accreditation Bureau, that the accreditation of an authority has been suspended or revoked, shall inform the European Commission, the European Union Member States and the European Economic Area States thereof.

(4) The requirements to be set for the conformity assessment authority of explosives and explosive devices shall be determined by the Cabinet.

Section 7. Marking of Explosives and Explosive Devices

All explosives and explosive devices, which are manufactured or imported into Latvia and exported from Latvia, shall be marked with the CE European conformity mark, as well as additionally marked with a special mark, except explosives transported and supplied in an unpackaged form in a vehicle, from which they are pumped directly into the blasting hole.

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, as well as 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, as well as 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) regarding 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 regarding special permits (licences), heads of the licensed merchants and persons who hold positions in the administrative bodies of the merchants, as well as 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, as well as the institutions, which may be granted access to the information included in this Register, shall be determined by the Cabinet.

(7) 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 the Issuance of a 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 a 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, regarding whom the State Police or State security institutions have such information at the disposal thereof, acquired and verified in accordance with the procedures prescribed by 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, as well as 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; or

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. Suspension and Revocation of the Validity 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 Decisions

A decision regarding refusal to issue a special permit (licence), regarding 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 specified in the Administrative Procedure Law. The contesting or appeal of the decision to suspend or revoke the validity of the special permit (licence) shall not suspend the validity thereof.

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, observing 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; and

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 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, observing 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); and

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 institutions, 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, observing 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 specified 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 specified in this Law; and

3) such conditions are provided when performing blasting, which prevent threats to the environment, human life, health or property.

(2) The procedures for the co-ordination and performance of blasting, as well as the restrictions on performance of blasting shall be determined by the Cabinet.

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, observing 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; and

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 specified 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) 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 a duty 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; or

3) by a court adjudication.

(2) Explosives and explosive devices shall be destroyed by the National Armed Forces:

1) upon the request of State institutions;

2) upon the request of the owner of explosives and explosive devices, if the explosives and explosive devices have become unsafe or unusable; or

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 the 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 a duty to submit samples of explosives and explosive devices imported into Latvia, as well as 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, as well as 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 according to the procedures specified 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 specified 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, as well as the institution, 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 the 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 which 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 regarding 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, as well as institutions, 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. Duty of Compensating for Losses

A merchant, which has received the special permit (licence) referred to in Section 10 of this Law, has a duty 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 a duty 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, as well as to inform the issuer of the special permit (licence) regarding existence of the mandatory civil legal liability insurance.

(2) Losses caused to the property of a third person shall be evaluated, taking into account the principle of compensation in accordance with the Law On Insurance Contracts. The amount of the 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-fighting 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. The requirements specified in Section 7 of this Law regarding the special marking of explosives and explosive devices shall be applied from 5 April 2012.

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).

Informative Reference to European Union Directive

This Law contains legal norms arising from Council Directive 93/15/EEC of 5 April 1993 on the harmonisation of the provisions relating to the placing on the market and the supervision of explosives for civil uses.

This Law shall come into force on 1 January 2011.

This Law was adopted by the Saeima on 28 October 2010.

President V. Zatlers

Riga, 17 November 2010

 


1 The Parliament of the Republic of Latvia

Translation © 2011 Valsts valodas centrs (State Language Centre)

 
Document information
Status:
In force
in force
Issuer: Saeima Type: law Adoption: 28.10.2010.Entry into force: 01.01.2011.Theme:  State security and protectionPublication: Latvijas Vēstnesis, 183, 17.11.2010.
Language:
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