Republic of Latvia Cabinet Regulation No. 12 Adopted 3 January 2013

Regulations Regarding the Procedures for the Manufacture, Purchase, Storage, Marketing, and Accounting of Explosives and Explosive Devices and Requirements to be Fulfilled by a Merchant during the Transportation of Explosives and Explosive Devices

Issued pursuant to
Section 19, Section 20 Paragraph two, and Section 21 Paragraph two of
Law On the Handling of Explosives for Civil Uses

I. General Provisions

1. This Regulation prescribes:

1.1. the procedures and restrictions for the manufacture, purchase, storage, and marketing of explosives and explosive devices;

1.2. the requirements to be fulfilled by a merchant during the transportation of explosives and explosive devices;

1.3. the procedures for the accounting of explosives and explosive devices.

II. Procedures and Restrictions for the Storage of Explosives and Explosive Devices

2. The territory of the warehouse for the storage of explosives and explosive devices (hereinafter - the warehouse) shall conform to the following requirements:

2.1. the territory shall be fenced in order to prevent the access by third parties therein;

2.2. the distance from the fence to the warehouse shall be not less than 20 metres;

2.3. the territory shall be kept clean, free of dry grass, trees and their roots, bushes, waste, and other highly flammable objects that can facilitate causing of fire;

2.4. the territory may include storehouses for storing explosives and explosive devices (hereinafter - the storehouse), storehouses for raw materials, security facilities, and facilities for storing fire-fighting equipment.

3. Such a distance between the storehouses shall be maintained that does not allow sympathetic detonation between them.

4. The distance (r_d) that does not allow sympathetic detonation between the storehouses shall be calculated using the following formula:

rd = Kd 3√		x 4√		, where
	Q		D[m]

K_d - coefficient that depends on the type of explosives and explosive devices (Annex 1);

Q - mass of explosives and explosive devices in the storehouse (kg);

D - minimum width of stacking of explosives and explosive devices in the second storehouse (m).

5. If different types of explosives are stored in one storehouse, the safe distance shall be calculated taking into account the explosives with the bigger coefficient K_d.

6. The distance that exceeds the distance calculated in conformity with Paragraph 4 of this Regulation shall be considered as safe distance.

7. If the actual distance between the storehouses calculated in accordance with Paragraph 4 of this Regulation is smaller, the merchant shall ensure the building of ramparts.

8. Ramparts shall be built in such a way that they are at least 0.5 metres higher than the highest point of the storehouse and the rampart foundation is at least at one metre distance from the storehouse wall, ensuring easy access to the storehouse. Loose and plastic materials shall be used for building ramparts.

9. The storehouse shall conform to the following requirements:

9.1. the storehouse shall be the structure of fire stability level U1 in conformity with the laws and regulations in the field of fire safety of structures;

9.2. the storehouse entrance shall be equipped with a door and safety locks. Doors shall be smooth, easy to clean, made of a non-absorbent material;

9.3. the flooring shall be made of the material belonging to reaction to fire class A2FL-s1 in conformity with the laws and regulations in the field of fire safety of structures. The flooring shall be fire resistant, non-absorbent, non-slippery, non-toxic, undamaged, and always clean;

9.4. the walls and ceiling shall be made of the material belonging to reaction to fire class A2-sl,d0 in conformity with the laws and regulations in the field of fire safety of structures. The ceiling and its structures shall be built in such a way as to prevent dirt accumulation, reduce condensation, and allow for easy cleaning;

9.5. no explosives or explosive devices shall be stored in attics;

9.6. if there are windows in a storehouse, they shall be built so as to prevent dirt accumulation and allow for easy cleaning. Window glass facing the sun shall be covered with a material which blocks sunbeams. Window surface and floor area proportion shall be between 1:25 and 1:30;

9.7. the storehouse shall be equipped with a ventilation system and installed so as to not endanger the storage of explosives and explosive devices;

9.8. facilities used for handling explosives and explosive devices during night-time shall be equipped with lighting devices intended for use in explosive environment and with emergency lighting. Electrical wires shall be placed in metal or plastic pipes, thus ensuring the protection of wires from mechanical damage;

9.9. the structure shall be equipped with a ground wire, lightning protection shall be ensured;

9.10. the facilities shall be equipped with a fire detection and alarm system, and security alarm system. The alarm signal shall be transmitted to the central security control panel;

9.11. the facilities shall be arranged so as separate storage from explosives is ensured.

10. During the storage of explosives and explosive devices, the temperature and relative air humidity in the storehouse shall be ensured in conformity with the requirements laid down by the manufacturer.

11. When stored on the floor, packages of explosives and explosive devices shall be placed on racks that have at least a five centimetres gap from the floor. The stacking distance of explosives and explosive devices (hereinafter - the stacking) from the wall shall be at least 10 centimetres. The height of the stacking shall not exceed two metres.

12. If packagings of explosives and explosive devices are stored on shelves, the stacking height is not limited.

13. Stacking width may not exceed two packages. Packages shall be placed in a stacking in such a way that inscriptions on the packages are clearly visible.

14. The distance between the stacking pallets shall allow for unhindered carrying of packages, and it may not be less than one metre.

15. Explosives, explosive devices and raw materials shall be stored in the storehouse under such conditions which do not compromise their quality or allow them to be accessed by unauthorised persons.

16. The storehouse shall be located within a safe distance from residential buildings, industrial objects and public buildings. The length of the danger area is calculated as follows:

16.1. the danger area length for a storehouse with ramparts shall be calculated using the following formula:

R = 15 3√		, where
	Q

R - danger area length (m);

Q - mass of explosives in the storehouse (kg);

16.2. the danger area length for an open storehouse shall be calculated using the following formula:

R = 30 3√		, where
	Q

R - danger area length (m);

Q - mass of explosives in the storehouse (kg).

17. The storehouse shall be located at a safe distance from highways. The length of danger area from highways shall be calculated using the following formula:

R = 9 3√		, where
	Q

R - danger area length (m);

Q - mass of explosives in the storehouse (kg).

18. If several merchants store explosives and explosive devices in one storehouse, they shall be arranged in such a way that allows for the identification of each merchant and goods belonging thereto. The total amount of explosives and explosive devices may not exceed the amount indicated in the special permit (licence) issued to the merchant who leases out the part of the storehouse.

19. The merchant who leases out the part of the storehouse to another merchant is responsible for the procedures for the storage of explosives and explosive devices.

III. Procedures and Restrictions for the Manufacture of Explosives and Explosive Devices

20. The merchant shall appoint a person responsible for the manufacturing processes of explosives and explosive devices in the company. The responsible person shall ensure the quality of the manufacturing works of explosives and explosive devices and conformity thereof to the requirements of this Regulation.

21. The merchant shall ensure that all the components and equipment (including safety equipment and protection devices) used in the manufacturing of explosives and explosive devices, as well as their arrangement and putting into service, comply with the requirements of the laws and regulations in the field of labour protection.

22. The structures and territory used for manufacturing of explosives and explosive devices shall comply with the requirements of the laws and regulations in the field of construction of specialized structures.

23. The facilities and equipment used for manufacturing of explosives and explosive devices shall conform to the following requirements:

23.1. the facilities shall be equipped with a ventilation system that does not allow for an air circulation from a polluted site to a clean site. Ventilation hatches shall have a protective screen made of rustproof material, and be easily cleaned and changed;

23.2. natural and artificial lighting shall be ensured in the facilities. Artificial lighting devices shall be impossible to soil during the manufacturing process of explosives and explosive devices;

23.3. the facilities shall be equipped with a hot and cold water supply, adequate number of sinks, as well as products for washing, disinfection and hand drying. Flooring shall be easy to clean, waterproof, non-absorbent, non-slip, non-toxic, undamaged; the floor shall remain clean at all times;

23.4. if required, the floor is at certain gradient and equipped with a drainage system to ensure water flow to the sewerage system;

23.5. in accordance with the technological requirements, the wall material shall be easy to clean, waterproof, non-absorbent, and dense;

23.6. the ceiling and its structures shall be built so as to prevent dirt accumulation, reduce condensation, and allow for easy cleaning;

23.7. windows and other openings shall be built so as to avoid dirt accumulation and allow for easy cleaning. Doors shall be smooth, easy to clean, made of a non-absorbent material;

23.8. surfaces that come into contact with chemicals and explosives shall be easy to wash and clean, made of non-absorbent and non-toxic materials;

23.9. cleaning appliances used for cleaning of equipment and machinery shall be available on the facilities. Cleaning appliances shall be made of materials resistant to corrosion and be easy to clean;

23.10. the equipment, with which chemicals and explosives are or may come into contact during the manufacturing process, shall comply with the mandatory safety and technological requirements laid down in the laws and regulations; the equipment shall be clean, made of non-toxic and non-absorbent material resistant to corrosion. The cleaning appliances shall be arranged in such a way as to enable the necessary cleaning and inspection of the facilities;

23.11. substances, materials and objects not necessary for the ensuring of the technological process shall not be present in the manufacturing facilities. Only equipment, tools and gadgets that do not produce sparks shall be used in the facilities;

23.12. equipment that is located in the explosive environment shall comply with the requirements of the laws and regulations regarding equipment and protective systems used in explosive environment.

24. Facilities for the manufacturing of explosives and explosive devices shall be equipped with a waste and sewage collection and distribution system. The sewerage system shall be designed and constructed with appropriate capacity in order not to cause environmental pollution.

25. The amount of chemical and explosives waste in the facilities for the manufacturing of explosives and explosive devices shall not exceed the amount of waste from chemicals and explosives allowed for a specific technological process.

26. Chemical and explosives waste shall be stored separately from other municipal waste in waste containers made of waterproof material; the waste containers shall be cleaned and disinfected before repeated use.

27. Waste shall be stored in such a manner that does not allow for contamination facilities for the manufacturing of explosives and explosive devices, territory, as well as drinking water, or the environment.

IV. Procedures and Restrictions for the Purchase and Marketing of Explosives and Explosive Devices, as well as Accounting Thereof

28. The manufacturer and merchant are responsible for the quality of marketed explosives and explosive devices.

29. Explosives and explosive devices shall be marketed through wholesale.

30. Explosives and explosive devices shall be received by a employee of the merchant after presenting the original of the personal identification document and a relevant special permit (licence).

31. The merchant shall organize its commercial activity with explosives and explosive devices in such a way that allows to trace the circulation of explosives and explosive devices and to determine at any time at the disposal of which persons explosives and explosive devices belonging to the merchant are, as well as the place where they are at the relevant time. Upon the request of the State authorities that are entitled to carry out control of commercial activity, the merchant shall provide information about the origin, delivery, location and use of every explosive and explosive device. The merchant shall be responsible for the accounting of explosives and explosive devices and shall ensure the protection of data on explosives and explosive devices from accidental or intentional damage or destruction.

32. Within 24 hours of the purchase or import into Latvia of explosives and explosive devices, the merchant shall register them in the inventory logbook for explosives and explosive devices (Annex 2). Explosives and explosive devices shall be marketed or used only after their registration. The inventory logbook for explosives and explosive devices shall be kept at the location (address), which is indicated in the special permit (license), allowing the storage or marketing of explosives and explosive devices.

33. The merchant shall register all the manufactured explosives and explosive devices in the inventory logbook for manufactured explosives and explosive devices. The merchant shall specify the manufacturing date, type, name, and quantity of explosives and explosive devices, as well as the date when the explosives and explosive devices were transported to merchant's storehouse. Chemical substances used for the manufacturing of explosives shall be accounted for in accordance with the procedure outlined in the Chemical Substances Law.

34. Every unit of the merchant, where explosives and explosive devices are stored, shall keep an accounting register for explosives and explosive devices present and used in that particular unit (hereinafter - the accounting register) (Annex 3). The person responsible for storing and accounting of explosives and explosive devices shall fill in the accounting register. The accounting register shall be sewn together, have numbered pages, and be approved with the merchant's stamp and the seal of the State Police department, in the territory of which the relevant storehouse explosives and explosive devices is located.

35. The merchant shall keep the inventory logbook, the accounting register, strict accountability documents, invoices and other documents attesting transactions related to handling of explosives and explosive devices for 10 years after the delivery or end of the life circle of the explosive, even if the merchant has discontinued the trade.

36. After every detonation, the merchant shall draw up a report on the explosives and explosive devices used.

37. The merchant shall keep the reports on the explosives and explosive devices used together with the documents referred to in Paragraph 35 of this Regulation and present them upon request of officials of the State authorities, who control the circulation of explosives.

V. Requirements to Be Fulfilled by a Merchant during Transportation of Explosives and Explosive Devices

38. Explosives and explosive devices shall be transported by railway and water transport in conformity with the laws and regulations regarding the requirements for the safety of railway and water transport traffic and procedures for the transportation.

39. Explosives and explosive devices shall be transported by road transport in conformity with the laws and regulations laying down the procedures for road transport of dangerous goods.

40. For transportation of explosives and explosive devices in the territory of Latvia, the merchants shall ensure the presence of armed security forces, by using employees (employees of internal security service) who possess security guard certificates or by entering into the relevant agreement witha security merchant who has obtained the special permit (licence) for the second category security guard activity.

VI. Closing Provisions

41. Cabinet Regulation No.893 of 22 November 2011, Regulations Regarding the Procedures for the Manufacture, Purchase, Storage, Marketing, and Accounting of Explosives and Explosive Devices and Requirements to Be Fulfilled by a Merchant during the Transportation of Explosives and Explosive Devices (Latvijas Vēstnesis, 2011, No. 185) is hereby repealed.

42. Paragraphs 31, 32, 33, 34, 35 and 37 of this Regulation shall come into force on 5 April 2015.

43. If explosives and explosive devices are manufactured or imported before 5 April 2015, a merchant shall keep all the documents related to handling of the explosives and explosive devices for 10 years after the delivery or end of the life cycle of the explosive, even if the merchant has discontinued the trade.

Informative Reference to European Union Directives

This Regulation contains legal norms arising from:

1) Commission Directive 2008/43/EC of 4 April 2008 on setting up, pursuant to Council Directive 93/15/EEC, a system for the identification and traceability of explosives for civil uses;

2) Commission Directive 2012/4/EU of 22 February 2012 amending Directive 2008/43/EC setting up, pursuant to Council Directive 93/15/EEC, a system for the identification and traceability of explosives for civil uses.

Prime Minister V. Dombrovskis

Acting for the Minister for the Interior
Minister for Environmental Protection and Regional Development E. Sprūdžs

 

Annex 1
Cabinet Regulation
No.12 of 3 January 2013

Value of K_d Coefficient when Calculating the Safe Distance of Sympathetic Detonation

No.	Mass of active explosive		Mass of passive explosive
	Explosive type	Storage	Explosive with detonation velocity of 2000-4999 m/s		Explosive with detonation velocity of ≥ 5000 m/s		Detonator
			open	closed	open	closed	open	closed
1.	Explosive with detonation velocity of 2000-4999 m/s	open	0.65	0.40	0.90	0.65	0.65	0.40
		closed	0.40	0.25	0.06	0.40	0.40	0.25
2.	Explosive with detonation velocity of ≥ 5000 m/s	open	1.30	0.80	1.80	1.30	1.30	0.80
		closed	0.80	0.50	1.30	0.80	0.80	0.50
3.	Detonator	open	0.35	0.20	0.60	0.40	0.35	0.20
		closed	0.20	0.15	0.40	0.30	0.20	0.15

Acting for the Minister for the Interior
Minister for Environmental Protection and Regional Development E. Sprūdžs

 

Annex 2
Cabinet Regulation
No.12 of 3 January 2013

Merchant's Inventory Logbook for Explosives and Explosive Devices

____________________________
(accounting period)

Information regarding the merchant:

type
name
unified registration number
legal address
special permit (licence) number or
registration certificate number for the performance of industrial blasting

 

No.	Registration number	Type and name of explosive or explosive device	Marking	Quantity	Date of purchase	Information regarding a merchant or institution from which explosive (explosive device) is purchased - name, registration number, address, phone number	Date and number of accompanying document (bill of lading)	Date of sale	Information regarding a legal person, to whom explosive (explosive device) was sold - name, registration number, address, phone number	Date when explosive (explosive device) was transported to a unit of the merchant (storehouse)	Address of a unit of the merchant where explosive (explosive device) was transported to	Date and number of accompanying document (bill of lading)	Quantity of explosives (explosive devices) transported, issued or sold
1	2	3	4	5	6	7	8	9	10	11	12	13	14

Acting for the Minister for the Interior
Minister for Environmental Protection and Regional Development E. Sprūdžs

 

Annex 3
Cabinet Regulation
No.12 of 3 January 2013

Accounting Register for Explosives and Explosive Devices Present and Used in a Unit of the Merchant

___________________
(accounting period)

Information regarding the merchant:

type
name
unified registration number
legal address
special permit (licence) number or
registration certificate number for the performance of industrial blasting

 

No.	Type and name of explosive or explosive device	Delivery date of explosives and explosive devices	Registration number(according to merchant's inventory logbook for explosives and explosive devices)	Marking	Quantity	Utilisation (issued for blasting works, transported to another unit of the merchant or sold)	Number of accompanying document (bill of lading) and date thereof (if explosive (explosive device) was issued for blasting works, transported to another unit of the merchant or sold)	Information regarding an employee of the merchant to whom explosive (explosive device) was issued - given name surname; Information regarding legal person to whom explosive (explosive device) was sold - name, registration number, address, phone number and given name and surname of the employee to whom explosive (explosive device) was issued	Delivered quantity	Person who received explosives (explosive devices) -signature and full name	Actual amount used in blasting works	Returned quantity	Balance (indicate the quantity and subsequent sequence number; register balance with new sequence number)
1	2	3	4	5	6	7	8	9	10	11	12	13	14

Acting for the Minister for the Interior
Minister for Environmental Protection and Regional Development E. Sprūdžs

 

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