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LEGAL ACTS OF THE REPUBLIC OF LATVIA
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Republic of Latvia

Cabinet
Regulation No. 541
Adopted 5 July 2011

Procedures for Control of the Movement of Dangerous Goods

Issued pursuant to
Section 11, Paragraph three
of the Law On the Movement of Dangerous Goods

I. General Provisions

1. This Regulation prescribes the procedures by which institutions controlling the movement of dangerous goods shall implement the rights referred to in Section 11, Paragraph two of the Law On the Movement of Dangerous Goods, suspend the movement of dangerous goods, open vehicles and freight containers, take samples, perform analysis, eliminate non-conformity, move and store means of carriage, freight containers and vehicles, as well as cover associated costs.

2. Movement of dangerous goods in accordance with this Regulation shall be controlled by the following supervisory bodies (hereinafter - supervisory body):

2.1. in carriage by road - the State Police;

2.2. in carriage by rail - the State Railway Technical Inspectorate;

2.3. on board ships in ports - the State stock company "Maritime Administration of Latvia";

2.4. in carriage by air - the State agency "Civil Aviation Agency".

3. The movement of dangerous goods, which is related to the management of hazardous waste or carriage of radioactive materials, shall be controlled by supervisory bodies, by inviting officials of the State Environmental Service and complying with the regulatory enactments regarding radiation safety and nuclear safety.

4. Inspections, elimination of non-conformities and suspension of movement activities with dangerous goods in ports shall be ensured in accordance with the regulatory enactments regarding the movement and control of dangerous goods in ports, unless prescribed otherwise by this Regulation.

II. Performance of Inspections, Elimination of Non-conformities and Suspension of the Movement of Dangerous Goods

5. In order to ascertain that the requirements for the movement of dangerous goods are fulfilled, supervisory bodies may, at any time, inspect the movement of dangerous goods. These inspections shall be performed without causing substantial interferences to the movement of dangerous goods.

6. Upon the request of officials of supervisory bodies, persons participating in the movement of dangerous goods shall present documents of the movement of dangerous goods for inspection, as well as provide any information related to the movement of dangerous goods.

7. For the needs of inspection persons participating in the movement of dangerous goods shall ensure access to the means of carriage, freight containers and vehicles, equipment and devices thereof, as well as appoint representative who accompanies the official of the supervisory body during inspection.

8. If supervisory bodies detect any of the non-conformities referred to in Paragraph 1 of Annex to this Regulation, which poses a threat to the safety of carriage, by posing threat to human or animal life or health, property or the environment, supervisory bodies shall require the persons participating in the movement of dangerous goods or the authorised representatives of carriage by air (Regulated agents) to suspend any activities with the particular dangerous goods until complete elimination of the non-conformity.

9. In the cases referred to in Paragraph 1 of Annex to this Regulation the person participating in the movement of dangerous goods shall, without delay, eliminate the non-conformity at the place where the non-conformity was detected. If this is impossible, the means of carriage, freight container or vehicle shall be moved to the nearest place specified by the supervisory body where placement of a vehicle carrying dangerous goods is possible.

10. If the supervisory bodies, except the State agency "Civil Aviation Agency", detect any of the non-conformities referred to in Paragraph 2 of Annex to this Regulation, which may pose a threat to the safety of carriage, by posing threat to human or animal life or health, property or the environment, the supervisory body shall require the persons participating in the movement of dangerous goods to eliminate the non-conformity at the place where the non-conformity was detected. If this is impossible, the persons participating in the movement of dangerous goods shall eliminate it until the end of the relevant carriage.

11. If the supervisory bodies, except the State agency "Civil Aviation Agency", detect any of the non-conformities referred to in Paragraph 3 of Annex to this Regulation, which may pose insignificant threat to the safety of carriage, the supervisory body shall instruct the persons participating in the movement of dangerous goods to eliminate the non-conformity until the beginning of the next carriage.

III. Procedures for Opening Vehicles and Freight Containers, Taking Samples, Performing Analysis, Moving and Storing Means of Carriage, Freight Containers and Vehicles, as well as for Covering of Associated Costs

12. If the supervisory bodies, except the State agency "Civil Aviation Agency", detect non-conformities for the elimination of which the opening of vehicles or freight containers is necessary, the supervisory bodies have the right to open the vehicles and freight containers.

13. If the supervisory bodies detect non-conformities for the elimination of which the opening of such vehicles or freight containers is necessary which have the security of customs authorities, they are entitled to open the vehicles and freight containers in co-operation with the customs authorities of the State Revenue Service (hereinafter - customs authority). The supervisory bodies shall remove, change or destroy customs securities only with a written permission of the customs authority in compliance with the procedures for removal, changing or destroying of customs security specified in the regulatory enactments in the field of customs.

14. If it is impossible to obtain the information specified in the regulatory enactments regulating the movement of dangerous goods from freight accompanying documents or if the supervisory bodies, except the State agency "Civil Aviation Agency", have justified suspicions regarding non-conformity of the actually carried goods with the information indicated in the freight accompanying documents, the supervisory bodies, except the State agency "Civil Aviation Agency", shall organise sample-taking for ascertaining the actual classification of the goods.

15. During sample-taking a representative of the person participating in the movement of dangerous goods, a representative of the supervisory body and, if the relevant freight has a customs security, a representative of the customs authority shall be present. If the person participating in the movement of dangerous goods refuses to participate in sample-taking, the samples can be taken without him or her being present.

16. A deed regarding sample-taking shall be drawn up in two copies (one copy for the supervisory body and the person participating in the movement of dangerous goods respectively). The following shall be indicated in the deed regarding sample-taking:

16.1. the number, place, date and time of drawing up of the deed;

16.2. the name, address and telephone number of the supervisory body;

16.3. the registration number and address of the person participating in the movement of dangerous goods;

16.4. the persons present during sample-taking;

16.5. the substantiation for sample-taking;

16.6. description, identifying features, if any, and the number of samples or the number of sample units;

16.7. provisions for storage of the dangerous goods or packaging taken for sampling, if any;

16.8. the identification code assigned to the sample;

16.9. a list of copies of documents appended to the deed, if any;

16.10. other information, which is necessary or may help to identify dangerous goods and to perform analysis;

16.11. the position, given name, surname and signature of the official of the supervisory body;

16.12. the position, given name, surname and signature of the responsible person.

17. Samples of dangerous goods and packaging (if allowed by their size and type) shall be packed so as not to be damaged, and the packaging shall be sealed. A label containing the identification code referred to in Sub-paragraph 16.8 of this Regulation shall be attached to the samples taken or the packaging thereof. The label shall be signed by the persons who participate in the sample-taking procedure.

18. The supervisory body shall ensure the protection of samples against unauthorised access.

19. Samples shall be handed over for analysis in laboratories corresponding to the requirements of the regulatory enactments regulating the field of control of the movement of dangerous goods, together with an application for analysis drawn up by the supervisory body. The application shall specify what is necessary to be clarified in the analysis.

20. The supervisory body and the performer of analysis shall draw up a deed regarding handing over of samples for analysis in two copies (one copy for the supervisory body and the performer of analysis respectively). The following shall be indicated in the deed:

20.1. the number, place, date and time of drawing up of the deed;

20.2. the name, address and telephone number of the relevant supervisory body;

20.3. the name, registration number, if any, address, telephone number and signature of the performer of the analysis;

20.4. the description of samples, sample identifying features, if any, number of samples or number of sample units;

20.5. the condition of the packaging or the seal of the packaging (whether damaged or not);

20.6. the identification code assigned to the sample;

20.7. the position, given name, surname and signature of the official of the supervisory body.

21. Written answers to the questions asked in the application for analysis shall be provided in the opinion of analysis (test report).

22. The person who signed the opinion of analysis shall be responsible for the objectivity of the results of analysis. If the opinion of analysis has been drawn up on the basis of the results of a test report, the person who has signed the test report shall be responsible for the test results. The performer of analysis shall, not later than within five working days after drawing up of the opinion of the analysis (test report), submit to the supervisory body two copies of the opinion of the analysis (test report).

23. Costs related to the sample-taking, delivery from the place of sample-taking to the performer of analysis and performance of analysis shall be covered in accordance with the following procedures:

23.1. costs related to the sample-taking, delivery from the place of sample-taking to the performer of analysis and performance of analysis shall be covered by the supervisory bodies;

23.2. if it is indicated in the opinion of analysis (test report) that actual samples do not conform to that indicated in the freight accompanying documents, the person participating in the movement of dangerous goods shall, within five working days after receipt of the documents confirming costs, cover the costs referred to in Sub-paragraph 23.1 of this Regulation to the supervisory body;

23.3. if the person participating in the movement of dangerous goods in the case and within the time period referred to in Sub-paragraph 23.2 of this Regulation does not cover the costs referred to in Sub-paragraph 23.1 of this Regulation or refuses to make payment, the supervisory body shall recover them in accordance with the procedures specified in regulatory enactments;

23.4. if the opinion of analysis (test report) shows that actual samples conform to that indicated in the freight accompanying documents, the costs for analysis shall be covered by the supervisory body itself.

Informative Reference to the European Union Directives

This Regulation contains legal norms arising from:

1) Council Directive 95/50/EC of 6 October 1995 on uniform procedures for checks on the transport of dangerous goods by road;

2) Commission Directive 2004/112/EC of 13 December 2004 adapting to technical progress Council Directive 95/50/EC on uniform procedures for checks on the transport of dangerous goods by road.

Prime Minister V. Dombrovskis

Minister for Transport U. Augulis

 

Annex
Cabinet Regulation No. 541
5 July 2011

Non-conformities in the Movement of Dangerous Goods

1. The movement of dangerous goods does not conform to the regulatory enactments regulating the movement of dangerous goods and poses a threat to the safety of carriage, by posing threat to human or animal life or health, property or the environment if:

1.1. dangerous goods not authorised for transport are carried;

1.2. leak of dangerous goods has occurred;

1.3. goods are carried in non-conforming means of carriage;

1.4. carriage in bulk is performed in a container that is not structurally serviceable;

1.5. goods are carried in a vehicle without appropriate approval certificate (only in carriage by road);

1.6. the vehicle does not conform to the requirements of approval and may pose a direct threat;

1.7. uncertified packagings have been used;

1.8. the packaging does not conform to the packing instruction;

1.9. the special conditions for mixed packing have not been observed;

1.10. the provisions for placement and fixing of goods have not been observed;

1.11. the provisions for mixed loading of packed goods have not been observed;

1.12. the provisions for filling degrees of the means of carriage used in the movement of dangerous goods have not been observed;

1.13. the restrictions for the maximum quantity of dangerous goods to be carried in one vehicle have been exceeded;

1.14. dangerous goods are being carried without any indication regarding existence thereof (there is no indication in transport documents, no marks and labelling of packaging, vehicle has not been marked and placarded);

1.15. dangerous goods are being carried in a vehicle without marking and placards;

1.16. no information has been indicated, by which the goods carried could be identified (for example, the four-digit identification number of the substance or article indicated in the United Nations Recommendations on the Transport of Dangerous Goods has not been indicated, the name of the goods has not been indicated, the packing group has not been indicated);

1.17. the driver does not have a valid driver's licence for carriage of dangerous goods (only in carriage by road);

1.18. an open flame or unprotected source of light is being used;

1.19. the smoking prohibition has been violated;

1.20. other non-conformity posing threat to human or animal life or health, property or the environment.

2. The movement of dangerous goods does not conform to the regulatory enactments regulating the movement of dangerous goods and may pose a threat to the safety of carriage, by posing threat to human or animal life or health, property or the environment if:

2.1. there is more than one trailer or semi-trailer in the transport unit (only in carriage by road);

2.2. the vehicle does not conform to the requirements of approval, however, does not pose a direct threat;

2.3. the vehicle does not contain an appropriate fire extinguisher in working order (only in carriage by road);

2.4. the vehicle does not contain the equipment indicated in the instructions in writing (only in carriage by road and carriage by rail);

2.5. the period of validity of intermediate bulk containers (hereinafter - IBC container) or packaging or the time of the next inspection has been exceeded;

2.6. packed dangerous goods are being carried in damaged packaging or IBC containers or empty uncleaned packaging or IBC containers are being carried;

2.7. the packed goods are being carried in a not structurally serviceable container;

2.8. inappropriately closed tanks or tank containers (also empty uncleaned);

2.9. the carriage is being performed in combination packaging with unclosed outer packaging;

2.10. the vehicle or other means of transport used in the movement of dangerous goods is inappropriately marked, labelled or placarded;

2.11. the vehicle does not contain the instructions in writing (only in carriage by road and carriage by rail);

2.12. the vehicle is not being appropriately supervised or is inappropriately parked (only in carriage by road);

2.13. other non-conformity, which may pose a threat to human or animal life or health, property or the environment.

3. The movement of dangerous goods does not conform to the regulatory enactments regulating the movement of dangerous goods and may pose an insignificant threat to the safety of carriage if:

3.1. the size of labels or placards or marking, the letters, numbers or symbols on labels do not conform to the requirements of the European Agreement concerning the International Carriage of Dangerous Goods by Road (ADR) and Appendix C "Regulation concerning the International Carriage of Dangerous Goods by Rail (RID)" to the Convention concerning International Carriage by Rail (COTIF);

3.2. the necessary information has not been indicated in freight accompanying documents, except the case referred to in Sub-paragraph 1.16 of this Regulation;

3.3. the driver does not carry the driver's licence for carriage of dangerous goods, however, there is affirmative information that the driver does have such a licence (only in carriage by road);

3.4. other non-conformity, which may pose an insignificant threat to the safety of carriage.

Minister for Transport U. Augulis

 


Translation © 2012 Valsts valodas centrs (State Language Centre)

 
Document information
Title: Bīstamo kravu aprites kontroles kārtība Status:
In force
in force
Issuer: Cabinet of Ministers Type: regulation Document number: 541Adoption: 05.07.2011.Entry into force: 14.07.2011.Publication: Latvijas Vēstnesis, 108, 13.07.2011.
Language:
LVEN
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  • Issued pursuant to
  • Annotation / draft legal act
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14.07.2011
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