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Text consolidated by Valsts valodas centrs (State Language Centre) with amending regulations of:

6 August 2013 [shall come into force on 1 January 2014].

If a whole or part of a paragraph has been amended, the date of the amending regulation appears in square brackets at the end of the paragraph. If a whole paragraph or sub-paragraph has been deleted, the date of the deletion appears in square brackets beside the deleted paragraph or sub-paragraph.


Republic of Latvia

Cabinet
Regulation No. 1000

Adopted 27 December 2011

Procedures for Issuing Special Permits (Licences) for the Marketing of Explosives and Explosive Devices and the Amount and Payment Procedures of the State Fee

Issued pursuant to
Section 10, Paragraph seven of
the Law On the Handling of Explosives for Civil Uses

I. General Provision

1. This Regulation prescribes the requirements for the receipt of a special permit (licence) and the requirements to be fulfilled during the term of validity of the special permit (licence), the procedures, by which a merchant shall be issued a special permit (licence), a duplicate thereof or a repeat 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 repeat special permit (licence) and the payment procedures thereof.

II. Requirements for the Receipt of a Special Permit (Licence)

2. A merchant who wishes to receive a special permit (licence) (Annex 1), depending on the type of marketing planned, shall ensure the following premises in accordance with the respective laws and regulations regarding storage, marketing and manufacture of explosives and explosive devices:

2.1. a warehouse - in order to receive a special permit (licence) for the performance of blasting;

2.2. a warehouse - in order to receive a special permit (licence) for the marketing of explosives and explosive devices;

2.3. a production premises (hereinafter - the production unit) - in order to receive a special permit (licence) for the manufacture of explosives and explosive devices.

3. In order to receive a special permit (licence) for the marketing of explosives and explosive devices, the merchant shall submit a submission (Annex 2) to the licensing commission of the State Police (hereinafter - the licensing commission). The following shall be indicated in the submission:

3.1. by the partnership or capital company:

3.1.1. the name and unified registration number;

3.1.2. contact details: legal address, telephone number, as well as electronic mail address (if a wish is expressed to receive the special permit (licence) electronically);

3.2. by the individual merchant:

3.2.1. the given name, surname, personal identity number;

3.2.2. contact details: legal address, telephone number, as well as electronic mail address (if a wish is expressed to receive the special permit (licence) electronically);

3.3. the planned types of activity (performance of blasting, marketing or manufacture of explosives and explosive devices);

3.4. the address of the warehouse and production unit of explosives and explosive devices;

3.5. the type of receipt of the special permit (licence) - in printed form or in the form of an electronic document.

4. The following documents shall be appended to the submission referred to in Paragraph 3 of this Regulation:

4.1. a copy of the document confirming that the immovable property, where storage, marketing, or manufacturing of explosives and explosive devices is intended, is in the ownership, possession or holding of the merchant, if information regarding immovable property has not been corroborated in the Land Register;

4.2. a copy of the security guard contract confirming that the warehouse of explosives and explosive devices (hereinafter - warehouse) and production unit are equipped with a fire detection and fire alarm system and security alarm system, which are connected to the central security control panel;

4.3. a plan of the location of the warehouse and production unit in scale 1:1000 or 1:2000. The location of the warehouse, and the buildings and main roads within radius of the danger zone shall be marked in the plan;

4.4. a plan of the premises of the warehouse in scale 1:50 or 1:100. The maximum permissible quantity of explosives and explosive devices intended for storage, as well as the address and telephone number of the warehouse shall be indicated in the plan;

4.5. an opinion of a family doctor, psychiatrist and narcologist regarding an individual merchant or a person who holds offices in the administrative bodies of the merchant, and the state of health of such employees who are directly related to the manufacture, storage, marketing of explosives and explosive devices and the performance of blasting;

4.6. a list of employees of the merchant who are directly related to the manufacture, storage, marketing of explosives and explosive devices and the performance of blasting. The given name, surname, personal identity number of employees or date of birth of the person, if a personal identity number has not been assigned, position, number of the certificate of the blaster, number of the certificate of the manager of blasting shall be indicated in the list.

5. The submission and the documents to be appended thereto or their copies shall be submitted in printed form or in the form of an electronic document in accordance with the laws and regulations regarding drawing up of electronic documents.

III. Procedures for Issuing a Special Permit (Licence)

6. Upon receipt of the submission referred to in Paragraph 5 of this Regulation, the licensing commission shall verify whether all the necessary information has been indicated therein and all the documents referred to in Paragraph 4 of this Regulation have been appended.

7. If all the information referred to in Paragraph 3 of this Regulation has not been indicated in the submission or all the documents referred to in Paragraph 4 of this Regulation have not been appended, the licensing commission shall, within three working days after establishing the abovementioned deficiencies, inform the merchant thereof in writing, determining the time period of at least five working days for elimination of the established deficiencies.

8. If the merchant does not submit the requested information or documents within the time period referred to in Paragraph 7 of this Regulation, the licensing commission shall take a decision to refuse to issue a special permit (licence), notifying the decision taken to the merchant in writing.

9. After receipt of the submission referred to in Paragraph 3 of this Regulation and the documents to be appended thereto the licensing commission shall:

9.1. request within three working days:

9.1.1. from the territorial unit of the State Fire and Rescue Service, in the territory serviced by which the warehouse and production unit is arranged - an opinion according to the competence regarding conformity of the warehouse and production unit (depending on the indicated type of commercial activity) with the requirements of the laws and regulations governing the field of fire safety;

9.1.2. from the territorial unit of the State Police, in the territory serviced by which the warehouse and production unit is arranged - an opinion according to the competence regarding conformity of the warehouse and production unit (depending on the indicated type of commercial activity) with the requirements of the laws and regulations governing the handling of explosives and explosive devices;

9.1.3. from the State Environmental Service - an opinion regarding conformity of the warehouse and production unit, as well as their installations with the laws and regulations governing environmental protection;

9.1.4. from the local government in the administrative territory of which the warehouse and production unit is arranged - a co-ordination regarding manufacture, storage and marketing of explosives and explosive devices in the indicated territory;

9.2. within 15 working days:

9.2.1. ascertain whether the restrictions for the issuance of a special permit (licence) specified in the Law On the Handling of Explosives for Civil Uses do not apply to an individual merchant, commercial company and persons who hold positions in the administrative bodies of the merchant, and employees of the merchant who are directly related to the manufacture, storage and marketing of explosives and explosive devices and to the performance of blasting;

9.2.2. ascertain whether the blaster and the manager of blasting have received a respective certificate.

10. The merchant may also submit the documents referred to in Sub-paragraphs 9.1.1, 9.1.2, 9.1.3 and 9.1.4 of this Regulation concurrently with the submission referred to in Paragraph 3 of this Regulation.

11. The opinions referred to in Sub-paragraphs 4.5, 9.1.1, 9.1.2 and 9.1.3 of this Regulation shall be valid for submission for 90 days from the date of their issuance.

12. The institutions referred to in Sub-paragraphs 9.1.1, 9.1.2, 9.1.3 and 9.1.4 of this Regulation shall provide the opinions and co-ordination to the licensing commission within 15 days after receipt of the request.

13. The licensing commission shall, within 15 days after receipt of the opinions and co-ordination referred to in Sub-paragraph 9.1 of this Regulation and performance of the checks referred to in Sub-paragraph 9.2 of this Regulation take a decision to issue a special permit (licence) for the respective type of commercial activity or to refuse to issue a special permit (licence) for the respective type of commercial activity, notifying the decision taken to the merchant in writing.

14. If additional examination of the information is necessary for taking a decision to issue a special permit (licence) or to refuse to issue a special permit (licence), the licensing commission shall extend the time period for taking a decision in accordance with the procedures laid down in the Administrative Procedure Law.

15. If necessary, the licensing commission is entitled to invite the head of the merchant or its authorised representative to the meeting of the licensing commission.

16. The special permit (licence) shall be issued after payment of the State fee.

17. The name, unified registration number and legal address of the merchant, the type of the special permit (licence), the address of the warehouse and production unit where storage, marketing and manufacture of explosives and explosive devices is permitted, the maximum permissible quantity of explosives and explosive devices in the warehouse, as well as the date of issuance and number of the special permit (licence) shall be indicated in the special permit (licence) (Annex 1).

18. If the merchant has indicated that it wishes to receive the special permit (licence) in the form of an electronic document, the licensing commission shall ascertain whether the documents referred to in Paragraph 37 of this Regulation certifying payment of the State fee have been submitted and, within three working days after receipt of such documents, send the special permit (licence) in the form of an electronic document in accordance with the laws and regulations regarding drawing up of electronic documents.

IV. Requirements to be Fulfilled during the Term of Operation of a Special Permit (Licence), Issuance of a Repeat Special Permit (Licence) and Duplicate of a Special Permit (Licence)

19. If during the term of operation of a special permit (licence) it is intended to appoint (elect) a new manager or person who will hold a position in administrative bodies of the merchant, the merchant shall inform the licensing commission thereof in writing, submitting a respective submission and the documents referred to in Sub-paragraph 4.5 of this Regulation. If it is intended to change the composition of participants of the merchant during the term or operation of the special permit (licence), the merchant shall inform the licensing commission thereof in writing.

20. If the submission referred to in Paragraph 19 of this Regulation has been received, the licensing commission shall perform the check referred to in Sub-paragraph 9.2.1 of this Regulation within 15 days from receipt of the submission and shall provide an answer to the merchant.

21. The merchant shall appoint (elect) a new manager or person who will hold a position in administrative bodies of the merchant after receipt of the answer of the licensing commission certifying that the restrictions specified in the Law On the Handling of Explosives for Civil Uses do not apply to the respective person.

22. If it is intended to hire a new employee during the term or operation of the special permit (licence), the merchant shall inform the licensing commission thereof in writing by submitting a respective submission:

22.1. if the direct work of the respective employee is going to be related to the manufacture of explosives and explosive devices, the given name, surname and personal identity number or the date of birth of the person, if a personal identity number has not been assigned, shall be indicated in the submission. The documents referred to in Sub-paragraphs 4.5 and 4.6 of this Regulation shall be appended to the submission;

22.2. if the direct work of the respective employee is going to be related to the performance of blasting, receipt, issuance, storage and accounting of explosives and explosive devices, the given name, surname and personal identity number or the date of birth of the person, if a personal identity number has not been assigned, and the number of the certificate of a blaster shall be indicated in the submission. The documents referred to in Sub-paragraphs 4.5 and 4.6 of this Regulation shall be appended to the submission;

22.3. if the direct work of the respective employee is going to be related to the managing of blasting, the given name, surname and personal identity number or the date of birth of the person, if a personal identity number has not been assigned, as well as the number of the certificate of the manager of blasting shall be indicated in the submission.

23. If the submission referred to in Sub-paragraph 22.1, 22.2 or 22.3 of this Regulation has been received, the licensing commission shall perform the check referred to in Sub-paragraph 9.2 of this Regulation within 15 days from receipt of the submission and shall provide an answer to the merchant.

24. The merchant shall hire a new employee who is directly related to the manufacture, receipt, issuance, storage and accounting of explosives and explosive devices, the performance of blasting, the managing of blasting, after receipt of an answer from the licensing commission. The answer of the licensing commission shall confirm that the restrictions specified in the Law On the Handling of Explosives for Civil Uses do not apply to the respective person, as well as the person who will receive, issue, store and account explosives and explosive devices, as well as perform blasting, has received a certificate of a blaster in accordance with the procedures laid down in law, or a person who will manage blasting has received a certificate of the manager of blasting in accordance with the procedures laid down in law.

25. If during the term of operation of a special permit (licence) the legal address of name of the merchant has changed, the merchant shall, within five working days after the changes, submit a submission to the licensing commission for the receipt of a repeat special permit (licence).

26. The licensing commission shall, within 15 days from receipt of the submission referred to in Paragraph 25 of this Regulation, issue a repeat special permit (licence) to the merchant.

27. If during the term of operation of a special permit (licence) another warehouse, marketing premises or production unit is arranged, the merchant shall, prior to the use of the respective premises, inform the licensing commission thereof by submitting a submission for the receipt of a repeat special permit (licence).

28. The licensing commission shall, within three working days after receipt of the submission referred to in Paragraph 27 of this Regulation, request the opinions and co-ordination referred to in Sub-paragraphs 9.1.1, 9.1.2, 9.1.3 and 9.1.4 of this Regulation. After receipt of positive opinions and co-ordination the licensing commission shall issue a repeat special permit (licence) to the merchant.

29. The merchant may also submit the documents referred to in Sub-paragraphs 9.1.1, 9.1.2, 9.1.3 and 9.1.4 of this Regulation concurrently with the submission referred to in Paragraph 27 of this Regulation. The merchant shall commence commercial activities in other premises after receipt of a repeat special permit (licence).

30. Upon receipt of a repeat special permit (licence), the merchant shall hand over to the licensing commission the special permit (licence) previously issued in printed form. A repeat special permit (licence) shall be issued in conformity with the procedures laid down in Paragraph 37 of this Regulation.

31. If the special permit (licence) is damaged, lost or stolen, the merchant shall, within five working days, inform the licensing commission thereof in writing by submitting a submission for the receipt of a duplicate of the special permit (licence). The licensing commission shall, within five working days after receipt of the submission, issue a duplicate of the special permit (licence).

32. If the merchant discontinues the commercial activities indicated in the special permit (licence), it shall, within five working days, hand over to the licensing commission the special permit (licence) issued in printed form.

V. Suspending of Operation and Cancellation of a Special Permit (Licence)

33. A decision to suspend the operation of a special permit (licence) in the cases specified in the Law On the Handling of Explosives for Civil Uses shall be taken by a competent official of the State Police, but a decision to cancel a special permit (licence) - by the licensing commission.

34. A merchant, operation of the special permit (licence) issued to whom has been suspended, shall recommence the commercial activities indicated in the special permit (licence) only after a competent official of the State Police has taken a decision to restore the operation of the special permit (licence).

35. Upon taking a decision to cancel a special permit (licence), the licensing commission may specify a date, from which the special permit (licence) is cancelled, however, it shall not be later than 30 days from the day when the decision was taken.

36. If a special permit (licence) is cancelled, the merchant shall, within five working days after taking of the decision, hand over to the licensing commission the special permit (licence) issued in printed form.

VI. Amount of the State Fee and Procedures for Paying the State Fee for the Issuance of a Special Permit (Licence), a Duplicate Thereof or a Repeat Special Permit (Licence)

37. Prior to receipt of a special permit (licence) a merchant shall submit to the licensing commission a copy of the document confirming payment of the State fee or a printout of the payment made with the intermediation of Internet bank, in which the given name, surname or name of the payer is indicated in clearly legible and which is signed by the payer. If payment is made with the intermediation of Internet bank and the payment document has been signed with a safe electronic signature and conforms to the requirements laid down in the laws and regulations regarding drawing up of electronic documents, the merchant may send it also to the electronic mail address indicated by the commission.

38. The merchant shall pay the State fee for the issuance of a special permit (licence), its duplicate and a repeat special permit (licence) in the following amount:

38.1. for the issuance of a special permit (licence) for the performance of blasting - EUR 711.44;

38.2. for the issuance of a special permit (licence) for the marketing of explosives and explosive devices - EUR 2,134.31;

38.3. for the issuance of a special permit (licence) for the manufacture of explosives and explosive devices - EUR 2,134.31;

38.4. for the issuance of a duplicate of a special permit (licence) - EUR 14.23;

38.5. for the issuance of a repeat special authorisation (licence) - EUR 14.23.

[6 August 2013]

39. If a submission is submitted and a special permit (licence) is issued in the form of an electronic document, the State fee provided for in Sub-paragraphs 38.1, 38.2 and 38.3 of this Regulation shall be paid, applying the coefficient of 0.9.

40. The payment of the State fee shall be performed prior to receipt of a special permit (licence) with the intermediation of a payment institution, which has the right to provide payment services within the meaning of the Law On Payment Services and Electronic Money.

41. The State fee shall be transferred into the State basic budget.

VII. Closing Provisions

42. Cabinet Regulation No. 488 of 2 September 2003, Regulations Regarding the State Fee for the Issuance of Permits and Special Permits (Licences) for All Types of Weapons, Ammunition, Special Means, Explosives, Explosive Devices and Pyrotechnical Articles, as well Extending the Term of Validity Thereof (Latvijas Vēstnesis, 2003, No. 121; 2005, No. 38; 2007, No. 65; 2010, No. 198), is repealed.

43. Merchants, which prior to the coming into force of this Regulation have been issued special permits (licences) and registration certificates for commercial activities involving explosives and explosive devices with unlimited term of operation, shall by 1 January 2013 receive special permits (licences) in accordance with the requirements of this Regulation.

44. In the cases referred to in Paragraph 43 of this Regulation merchants shall pay the State fee for the issuance of a special permit (licence) in such amount, which is determined for the issuance of a repeat special permit (licence), if a submission for the receipt of a special permit (licence) has been submitted not later than 30 days prior to the date referred to in Paragraph 43 of this Regulation.

Prime Minister V. Dombrovskis

Minister for the Interior R. Kozlovskis

 

Annex 1
Cabinet Regulation No. 1000
27 December 2011

(Supplemented lesser State coat of arms of Latvia)

REPUBLIC OF LATVIA
STATE POLICE
SPECIAL PERMIT (LICENCE) No. _________

Issued to
 

(name of the merchant)

Unified registration number
Legal address

(type of the special permit (licence))

(address of the warehouse, production unit where storage, marketing and manufacture of explosives and explosive devices is permitted, maximum permissible quantity of explosives and explosive devices in the warehouse)

Issued on ____ __________________ 20____

Chairperson of the Licensing Commission of the State Police
 

(given name, surname, signature*)

Place for a seal*

Note.* * The details of the document "signature" and "place for a seal" shall not be completed if the document has been prepared in accordance with the laws and regulations regarding the drawing up of electronic documents.

Minister for the Interior R. Kozlovskis

 

Annex 2
Cabinet Regulation No. 1000
27 December 2011

Submission for the Receipt of a Special Permit (Licence)

  To the Licensing Commission of the State Police
 
 

(address

 
 

electronic mail address)


Individual merchant, name of the partnership or capital company
Unified registration number
Legal address
Telephone number
Electronic mail address

I request to issue a special permit (licence) for the following types of activity (mark as appropriate):

for the performance of blasting

for the marketing of explosives and explosive devices

for the manufacture of explosives and explosive devices

Address of the warehouse, production unit (mark as appropriate) of explosives and explosive devices:

Individual merchant:

Given name

Surname

Personal identity number

     

I append the following to the submission (mark as appropriate):

1. Copy of the document confirming that the immovable property, where storage, marketing, or manufacturing of explosives and explosive devices is intended, is in the ownership, possession or holding of the merchant, if information regarding immovable property has not been corroborated in the Land Register.

2. Copy of the security guard contract confirming that the warehouse and production unit of explosives and explosive devices are equipped with a fire detection and fire alarm system and security alarm system, which are connected to the central security control panel.

3. Plan of the location of the warehouse and production unit in scale 1:1000 or 1:2000. The location of the warehouse, and the buildings and main roads within radius of the danger zone shall be marked in the plan (for the performance of blasting; for the marketing of explosives and explosive devices; for the manufacture of explosives and explosive devices).

4. Plan of the premises of the warehouse in scale 1:50 or 1:100. The maximum permissible quantity of explosives and explosive devices intended for storage, as well as the address and telephone number of the warehouse shall be indicated in the plan.

5. Opinion of a family doctor, psychiatrist and narcologist regarding an individual merchant.

6. Opinion of a family doctor, psychiatrist and narcologist regarding (indicate the number of persons) persons who hold offices in the administrative bodies of the merchant.

7. Opinion of a family doctor, psychiatrist and narcologist regarding (indicate the number of persons) employees who are directly related to the manufacture, storage, marketing of explosives and explosive devices and the performance of blasting.

8. List of employees of the merchant who are directly related to the manufacture, storage, marketing of explosives and explosive devices and the performance of blasting. The given name, surname, personal identity number of employees or date of birth of the person, if a personal identity number has not been assigned, position, number of the certificate of the blaster, number of the certificate of the manager of blasting shall be indicated in the list.

9. Other documents:

copy.

(name of the document)

 
copy.

(name of the document)

 

I wish to receive the special permit (licence) (mark as appropriate):

in printed form;

in the form of an electronic document.

 

(given name and surname of the official of the merchant)

 

(signature*)

   

(date*)

   

Notes. The details of the document "signature" and "date" shall not be completed if the electronic document has been prepared in accordance with the laws and regulations regarding drawing up of electronic documents.

Minister for the Interior R. Kozlovskis

 


Translation © 2015 Valsts valodas centrs (State Language Centre)

 
Document information
Title: Speciālo atļauju (licenču) izsniegšanas kārtība komercdarbībai ar sprāgstvielām un spridzināšanas .. Status:
In force
in force
Issuer: Cabinet of Ministers Type: regulation Document number: 1000Adoption: 27.12.2011.Entry into force: 30.12.2011.Publication: Latvijas Vēstnesis, 204, 29.12.2011.
Language:
LVEN
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