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LEGAL ACTS OF THE REPUBLIC OF LATVIA
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Text consolidated by Valsts valodas centrs (State Language Centre) with amending laws of:

21 December 2000 [shall come into force on 19 January 2001];
11 October 2001 [shall come into force on 9 November 2001];
16 October 2003 [shall come into force on 20 November 2003];
30 June 2005 [shall come into force on 26 July 2005];
1 November 2007 [shall come into force on 4 December 2007];
29 October 2009 [shall come into force on 1 December 2009];
1 December 2009 [shall come into force on 1 January 2010];
21 October 2010 [shall come into force on 24 November 2010];
16 December 2010 [shall come into force on 1 January 2011];
24 May 2012 [shall come into force on 27 June 2012];
18 September 2014 [shall come into force on 8 October 2014];
26 October 2017 [shall come into force on 22 November 2017];
21 May 2020 [shall come into force on 17 June 2020];
14 January 2021 [shall come into force on 20 January 2021].

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

The Saeima1 has adopted and
the President has proclaimed the following law:

Chemical Substances Law

[29 October 2009]

Chapter I
General Provisions

Section 1. Terms Used in This Law

The following terms are used in this Law:

1) activities with chemical substances or mixtures - the production, import, treatment, packaging, storage, relocation, use, collection, destruction, processing, placing on the market, or distribution of chemical substances or mixtures [within the meaning of Regulation (EC) No 1272/2008 of the European Parliament and of the Council of 16 December 2008 on classification, labelling and packaging of substances and mixtures, amending and repealing Directives 67/548/EEC and 1999/45/EC, and amending Regulation (EC) No 1907/2006 (Text with EEA relevance)], and also such activities in which chemical substances or mixtures are used in the chemical process as raw materials or additives or are created as intermediates, or any other similar activities;

2) performer of activities - any natural or legal person performing activities with chemical substances or mixtures;

3) [1 November 2007];

4) [1 November 2007];

5) [21 December 2000];

6) [18 September 2014];

7) [29 October 2009];

8) toxic and very toxic chemical substances and mixtures - the substances and mixtures that are classified in the following hazard categories - Acute toxicity, Category 1, 2, and 3, and also specific target organ toxicity - Single or Repeated exposure, Category 1.

[21 December 2000; 16 October 2003; 1 November 2007; 29 October 2009; 18 September 2014 / Clause 8 shall come into force on 1 June 2015. See Paragraph 11 of Transitional Provisions]

Section 2. Purpose of the Law

The purpose of this Law is to avoid, prevent, or reduce the possibility of harm which may be caused to the environment, human health, and property by chemical substances and mixtures due to the properties inherent thereto.

[29 October 2009]

Section 3. Application of this Law

(1) This Law governs activities with chemical substances and mixtures, and also biocidal products.

(11) This Law determines the competent authority and establishment of helpdesks within the meaning of Regulation (EC) No 1907/2006 of the European Parliament and of the Council of 18 December 2006 concerning the Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH), establishing a European Chemicals Agency, amending Directive 1999/45/EC and repealing Council Regulation (EEC) No 793/93 and Commission Regulation (EC) No 1488/94 as well as Council Directive 76/769/EEC and Commission Directives 91/155/EEC, 93/67/EEC, 93/105/EC and 2000/21/EC (hereinafter - Regulation 1907/2006), Regulation (EC) No 1272/2008 of the European Parliament and of the Council of 16 December 2008 on classification, labelling and packaging of substances and mixtures, amending and repealing Directives 67/548/EEC and 1999/45/EC, and amending Regulation (EC) No 1907/2006 (hereinafter - Regulation 1272/2008), and Regulation (EU) No 528/2012 of the European Parliament and of the Council of 22 May 2012 concerning the making available on the market and use of biocidal products (hereinafter - Regulation 528/2012), and also the competent authority within the meaning of Article 4 of Regulation (EU) No 649/2012 of the European Parliament and of the Council of 4 July 2012 concerning the export and import of hazardous chemicals (hereinafter - Regulation 649/2012), Regulation (EU) No 517/2014 of the European Parliament and of the Council of 16 April 2014 on fluorinated greenhouse gases and repealing Regulation (EC) No 842/2006 (hereinafter - Regulation 517/2014), Article 17 of Regulation (EU) 2017/852 of the European Parliament and of the Council of 17 May 2017 on mercury, and repealing Regulation (EC) No 1102/2008 (hereinafter - Regulation 2017/852), and Article 19 of Regulation (EU) 2019/1021 of the European Parliament and of the Council of 20 June 2019 on persistent organic pollutants (hereinafter - Regulation 2019/1021).

(2) In addition to this Law, activities with chemical substances and mixtures shall be governed by:

1) the laws and regulations governing waste management - in relation to the chemical substances or mixtures which are in the composition of waste;

2) the laws and regulations governing the procedures for the carriage of dangerous goods - in relation to the freight of mixtures (including transport transit) by road, railway, air, sea, post or movement through pipelines if no treatment or processing of such substances or mixtures is performed;

3) the law On Procedures for the Legal Trade in Narcotic and Psychotropic Substances and Drugs and other laws and regulations related thereto - in relation to narcotic and psychotropic substances;

4) the law On Precursors and other laws and regulations related thereto - in relation to precursors;

5) the Convention of 13 January 1993 on the Prohibition of the Development, Production, Stockpiling and Use of Chemical Weapons and on their Destruction - in relation to chemical substances;

6) the laws and regulations governing activities with fertiliser materials - in relation to mineral fertilisers and liming materials.

(3) This Law does not apply to:

1) the following preparations and goods at the final stage of the production thereof:

a) medicinal products (including those for veterinary use);

b) cosmetic products;

c) alcoholic beverages;

d) tobacco products;

e) food and food additives;

f) plant protection products;

g) radioactive substances;

h) prepared explosives, chemical substances or mixtures that may be used for producing a pyrotechnic effect and become available to other persons, if activities with such prepared explosives, chemical substances or mixtures cannot cause the risk of an industrial accident;

i) genetically modified organisms;

j) animal feed and animal feed additives;

2) natural persons if they do not perform activities with chemical substances and mixtures for the purposes of commercial activity, except for the cases referred to in Section 9, Paragraphs one to three, Section 17, Paragraph one, Sections 19, 20, 21, 22, and 23 of this Law.

[21 December 2000; 11 October 2001; 16 October 2003; 30 June 2005; 1 November 2007; 29 October 2009; 18 September 2014; 21 May 2020; 14 January 2021]

Chapter II
Supervision, Control and General Requirements for the Circulation of Information

[21 December 2000]

Section 4. Competence of State Authorities

(1) The Ministry of Health and the supervisory and control institutions which are subordinate thereto shall control the traded (placed on the market and distributed) chemical substances, mixtures, and biocides, and shall supervise their conformity with the laws and regulations in the field of protection of human life and health. The Health Inspectorate shall make an assessment of the effects of chemical substances on health.

(2) The Ministry of Welfare and the supervisory and control institutions which are subordinate thereto shall control activities with chemical substances, mixtures, chemical substances in articles and biocides in the working environment and shall supervise the conformity of such activities with the laws and regulations in the field of protection of life and health of the employees.

(3) The Ministry of Environmental Protection and Regional Development and the supervisory and control institutions which are subordinate thereto shall control activities with chemical substances, mixtures, chemical substances in articles, treated articles, and biocides in manufacturing and professional use, except for the cases referred to in Paragraph one of this Section, and shall supervise the conformity of such activities with the laws and regulations in the field of environmental protection. The Ministry of Environmental Protection and Regional Development shall delegate the public administration task to issue administrative acts related to the activities with chemical substances or mixtures, including biocides, to valsts sabiedrība ar ierobežotu atbildību "Latvijas Vides, ģeoloģijas un meteoroloģijas centrs" [State limited liability company Latvian Environment, Geology and Meteorology Centre ] (hereinafter - the Centre). Decisions issued by the Centre may be contested to the State Environmental Monitoring Bureau, and a decision of the State Environmental Monitoring Bureau may be appealed to a court in accordance with the procedures laid down in the Administrative Procedure Law. The Centre shall evaluate the application for the receipt of a permit for activities with biocides or for receipt of an inventory number for a fee in accordance with the price list approved by the Cabinet.

(31) The Centre:

1) is the competent authority that operates in accordance with:

a) Article 121 of Regulation 1907/2006 and ensures implementation of the requirements laid down in Article 123 and Article 124(1) of the abovementioned Regulation;

b) Article 43 of Regulation 1272/2008 and ensures implementation of the requirements laid down in Articles 44 and 45 of the abovementioned Regulation;

c) Article 81(1) of Regulation 528/2012;

d) Article 4 of Regulation 649/2012;

e) the requirements of Regulation 517/2014 and ensures implementation of the requirements laid down in Article 6, Article 17(4), subparagraph 2 of Article 19(6), and Article 20 of the abovementioned Regulation;

f) Article 17 of Regulation 2017/852 and ensures implementation of the requirements laid down in Article 4(1), Article 8(3), and Article 18(1) of the abovementioned Regulation;

g) Article 19 of Regulation 2019/1021 and ensures implementation of the requirements laid down in Article 3(4) and Article 13 of the abovementioned Regulation;

2) establishes a helpdesk in accordance with Article 124(2) of Regulation 1907/2006, Article 44 of Regulation 1272/2008, and Article 81(2) of Regulation 528/2012 and ensures the operation thereof;

3) evaluates the risk of chemical substances, taking into account the assessment provided by the Health Inspectorate of the effect of chemical substances on health;

4) [18 September 2014].

(4) The Ministry of Defence shall supervise activities with chemical substances and mixtures in the National Armed Forces.

(5) Activities for the elimination of consequences of accidents and emergency situations related to the use of chemical substances or mixtures and the emergency rescue operations shall be performed, and also the conformity with the relevant safety provisions shall be controlled by the Ministry of the Interior and the institutions which are subordinate thereto, in accordance with laws and regulations.

(6) Hazardous chemical substances and hazardous mixtures imported to Latvia from a third country and exported from Latvia to a third country which are subject to special restrictions or prohibitions, and also construction products containing such hazardous chemical substances shall be controlled on the State (customs) border by the State Revenue Service.

(61) The Consumer Rights Protection Centre shall control chemical substances in articles in accordance with Regulation 1907/2006 and treated articles, except for the treated articles in the field of food handling and veterinary field, and treated articles that are substances or mixtures in accordance with Regulation 528/2012.

(62) [29 October 2009]

(63) The State Revenue Service and valsts sabiedrība ar ierobežotu atbildību "Latvijas proves birojs" [the State limited liability company Assay Office of Latvia] (hereinafter - the Assay Office of Latvia) shall implement the control of precious metals, precious gems and the articles thereof. The Assay Office of Latvia shall:

1) conduct inspections at places where economic activity with precious metals, precious stones, and articles thereof is performed;

2) send materials regarding the inspection conducted to the State Revenue Service for the examination of an administrative offence case and the application of an administrative penalty.

(64) The Food and Veterinary Service shall control biocides and treated articles in the field of food handling and veterinary field in accordance with Regulation 528/2012 at the objects of supervision specified in laws and regulations.

(7) Other institutions shall supervise and control activities with chemical substances or mixtures, or treated articles, in accordance with the procedures laid down in laws and regulations.

[16 October 2003; 30 June 2005; 1 November 2007; 29 October 2009; 1 December 2009; 21 October 2010; 16 December 2010; 18 September 2014; 26 October 2017; 21 May 2020; 14 January 2021]

Section 5. Rights of Supervisory and Control Institutions

(1) The supervisory and control institutions have the right to request and receive free of charge from the performer of activities information which is necessary for conducting supervision in accordance with this Law and other laws and regulations.

(2) Supervisory and control institutions are entitled, in each particular case, within the scope of their competence, to provide recommendations or binding instructions, or an order to discontinue activities with chemical substances or mixtures to the performer of activities in order to ensure the conformity of the aforementioned activities with this Law and laws and regulations related thereto.

(3) If there are reasonable suspicions that the activities with chemical substances and mixtures fail to conform to the requirements of laws and regulations, the supervisory and control institutions have the right to take samples of the chemical substances or mixtures in quantities which are necessary to ensure an opinion of an accredited and authorised conformity assessment authority on the relevant chemical substances and mixtures or activities therewith. If the suspicions are proved to be correct, the performer of activities shall cover expenses for the assessment.

(4) Supervisory and control institutions have the right to request and receive free of charge the information necessary for the implementation of supervision from other State authorities and to use samples obtained by other State authorities for the performance of analysis.

(5) When conducting supervision in accordance with this Law and other laws and regulations, representatives of supervisory and control institutions have the right to arrive and stay in the territory, structures, and other objects, irrespective of the ownership thereof (in conformity with the principle of inviolability of the residential unit) in order to control that the activities with chemical substances and mixtures conform to the requirements of this Law and laws and regulations related thereto. When remaining in the object, the safety engineering regulations and specific nature of the relevant technological processes must be conformed to. A performer of activities shall provide the representatives of the supervisory and control institutions with the necessary personal means of protection.

[29 October 2009]

Section 6. Determination of the Physical and Chemical Parameters of Chemical Substances and Mixtures and Assessment of their Effects

(1) Measurements necessary for the purpose of supervisory and control institutions for the determination of the physical, chemical, toxicological, or ecotoxicological properties of chemical substances and mixtures shall only be taken by laboratories which have been accredited and authorised in accordance with the procedures laid down in laws and regulations.

(2) The requirements for the work quality of laboratories in determining the physical, chemical, toxicological or ecotoxicological properties of chemical substances and mixtures or in research of the effects of such substances and mixtures on the environment or human health, and also the provisions regarding the inspection of the laboratories shall be regulated by the Cabinet.

(3) [1 November 2007]

[21 December 2000; 16 October 2003; 30 June 2005; 1 November 2007; 29 October 2009]

Section 7. Chemical Substance and Mixture Database and Informative System

(1) The Chemical Substance and Mixture Database shall include the information necessary for the elimination of accidents, implementation of supervision and control regarding the chemical substances and mixtures used in Latvia, and also a list of hazardous chemical substances, the European Inventory of Existing Commercial Substances (EINECS), and the European List of Notified Chemical Substances (ELINCS).

(2) The Cabinet shall determine the information which shall be provided, maintained, compiled, and evaluated in the Database of Chemical Substances and Mixtures, and also the procedures for the registration of chemical substances and mixtures.

(3) The information on merchants submitted to the Chemical Substance and Mixture Database shall be restricted access information, except for the information which is generally accessible information in accordance with Section 8, Paragraph three of this Law.

[21 December 2000; 30 June 2005; 29 October 2009; 24 May 2012]

Section 8. Freedom of Information

(1) When conducting supervision in accordance with this Law or other laws and regulations, it is prohibited for anyone who has obtained information associated with the financial status, commercial activity or professional secrets of the performer of activities to disclose such information to third persons without the consent of the relevant person.

(2) The requirement referred to in Paragraph one of this Section does not apply to provision of information necessary for conducting supervision and control for the institutions referred to in Section 5 of this Law, and also to the transfer of the necessary information to law enforcement institutions.

(3) The following shall not be restricted access information:

1) physical, chemical, toxicological, or ecotoxicological properties of a chemical substance or mixture;

2) classification and labelling of a chemical substance or mixture;

3) techniques for the determination of hazardous properties of chemical substances and mixtures and techniques by means of which it is possible to determine the amount of the chemical substance in the environment or the emission thereof, and also the means by which chemical substances and mixtures affect the environment or human health within a particular period of time (exposition);

4) opinions on the potential harmful effects of a hazardous chemical substance or mixture containing hazardous chemical substances on the environment or human health;

5) ways and techniques for the neutralisation of a hazardous chemical substance;

6) fire safety, anti-explosive protection, occupational safety and other safety measures which must be conformed to when performing activities with hazardous chemical substances or mixtures containing hazardous chemical substances;

7) emergency measures which must be taken if poisoning with a hazardous chemical substance or hazardous mixture has occurred, a fire has started, or other undesirable event or accident has occurred in relation to hazardous chemical substances or hazardous mixtures;

8) any other information indicated in the safety data sheet of a chemical substance or mixture;

9) name of the producer of a chemical substance or mixture;

10) any other information obtained on a new chemical substance which may characterise its hazardous nature;

11) information on emissions into the environment.

(4) If the name of a chemical substance is restricted access information, the performer of activities shall notify of all hazardous properties of such substance in order to perform activities with chemical substances and mixtures without presenting threat to the environment and persons, especially in order in the work place to take the necessary fire safety, anti-explosive protection, occupational safety, health and environmental protection measures, and shall stipulate:

1) for inorganic substances or organic substances - the name which shall be derived from the name of the chemical element which determines the properties of the chemical substance;

2) for organic substances the properties of which are determined by a common functional group - the name that shall be derived from the name of the functional group.

[21 December 2002; 16 October 2003; 30 June 2005; 29 October 2009]

Chapter III
Obligations of Performers of Activities

Section 9. General Obligations of a Performer of Activities

(1) A performer of activities, taking into account the hazardous nature, quantity, and circumstances of the use and storage of chemical substances or mixtures, must conform to the requirements of laws and regulations, and also take care and precautions, and must implement the necessary measures in order to prevent harm to the environment, human life, health, and property.

(2) A performer of activities must avoid activities with chemical substances or mixtures which are classified as hazardous if less hazardous substitutes thereof are available.

(3) A performer of activities must have at its disposal the necessary information on the physical and chemical properties, hazardous nature and effects of the relevant chemical substances or mixtures on the environment and human health. This information must be sufficient in order to evaluate the possible threat caused by the relevant substances or mixtures which is presented to the environment, human life, health, and property, to perform labelling of the chemical substances or mixtures, and to act adequately in the event of an accident.

(4) A performer of activities, if it carries out commercial activities, must evaluate the possibility of accidents and make provisions for the measures which would prevent accidents or reduce the consequences thereof.

(5) A performer of activities, if it carries out commercial activities, in accordance with the amount of the relevant activities and the properties of the chemical substances or mixtures used, shall require a specified educational level for which the requirements to be met shall be governed by Cabinet regulations. If a performer of activities is a legal person, the relevant education shall be necessary for those natural persons who are designated to perform activities with chemical substances or mixtures and are responsible for such activities.

(6) When planning, designing, and reconstructing facilities for the use or storage of chemical substances or mixtures and the structures related thereto, and also when performing activities with the relevant chemical substances or mixtures:

1) the possibility of such accidents which may affect the environment, human health, or property must be evaluated, and measures must be provided for the prevention of accidents or reduction of their consequences;

2) the location, topographic, geological, meteorological, and hydrological conditions of the production unit, location of other nearest production units, main motor road, railway, pipelines, and also special protected nature objects and territories.

(7) The requirements to be conformed to when performing activities with biocides shall be determined by the Cabinet.

(8) In order to perform commercial activities related to the provision of disinfection, disinsectization, and deratization services, the provider of such services shall notify the Health Inspectorate of the commencement of activities in accordance with the procedures stipulated by the Cabinet.

(9) A performer of activities who is a supplier of an article according to the definition referred to in Article 3(33) of Regulation 1907/2006 shall provide information to the European Chemicals Agency in accordance with Article 33(1) of Regulation 1907/2006.

[21 December 2000; 16 October 2003; 30 June 2005; 29 October 2009; 14 January 2021]

Section 10. Classification of Chemical Substances and Mixtures

(1) Any natural person or legal person placing chemical substances or mixtures on the market shall be responsible for ensuring that the chemical substances or mixtures being placed on the market are classified in accordance with their physical, chemical, toxicological, and other properties.

(2) Chemical substances and mixtures shall be classified in accordance with Regulation 1272/2008. Chemical substances and mixtures shall be considered to be hazardous if, in accordance with Regulation 1272/2008 they should be classified into any of the hazard classes listed in the Regulation.

(21) [1 June 2015 / See Paragraph 7 of Transitional Provisions]

(3) [24 May 2012]

(4) [21 October 2010]

[21 December 2000, 16 October 2003, 30 June 2005; 29 October 2009; 21 October 2010; 24 May 2012; 26 October 2017]

Section 11. Risk Analysis

(1) [21 December 2000]

(2) The Cabinet shall determine the procedures for the assessment of industrial accident risk related to hazardous chemical substances and hazardous mixtures and risk reduction measures and shall stipulate the substances and mixtures (depending on their amount and hazard level) to which such procedures and measures apply.

(3) The industrial accident prevention programme and safety review shall be evaluated by the Environment State Bureau, the civil defence plan of the object - by the State Fire and Rescue Service and within 90 days from the day of the receipt of the programme, review or plan and all necessary information, a decision shall be taken on the conformity of the programme, review or plan to the requirements of the laws and regulations in the field of civil defence, labour protection, environmental and health protection.

[21 December 2000; 30 June 2005; 29 October 2009]

Section 12. Packaging and Labelling of Chemical Substances and Mixtures

(1) A producer or importer of chemical substances or mixtures must ensure durability and safety of the packaging of hazardous chemical substances or hazardous mixtures.

(2) A producer, importer, or distributor of chemical substances or mixtures shall ensure that packaging of hazardous chemical substances or hazardous mixtures intended for further marketing in the State is labelled in the Latvian language.

(21) Chemical substances and mixtures shall be labelled and packaged in accordance with Regulation 1272/2008.

(3) [24 May 2012]

[29 October 2009; 24 May 2012 / Amendments to Paragraph 2.1 and amendments in respect of deletion of Paragraph three shall come into force on 1 June 2015. See Paragraphs 6 and 7 of Transitional Provisions]

Section 13. New Chemical Substance Notification

[1 November 2007 / See Transitional Provisions]

Section 14. Safety Data Sheet

[1 November 2007]

Section 14.1 Safety Data Sheet

Safety data sheet of a chemical substance or mixture shall be drawn up in accordance with the requirements of Article 31 of and Annex II to Regulation 1907/2006.

[24 May 2012]

Section 15. Content of Safety Data Sheet

[1 November 2007]

Chapter IV
Restrictions in Relation to Activities with Chemical Substances and Mixtures

[29 October 2009]

Section 16. Special Restrictions or Prohibitions of Activities to be Performed with Chemical Substances and Mixtures

(1) The Cabinet shall determine special restrictions or prohibitions in relation to activities with individual chemical substances or mixtures or other materials that contain such chemical substances or mixtures or are treated with such chemical substances or mixtures.

(2) The Cabinet shall determine restrictions for the use of individual hazardous chemical substances in electrical and electronic equipment, and also the obligations of such persons who manufacture, import, or distribute electrical and electronic equipment.

(3) The Cabinet shall determine the following in the field of ozone-depleting substances and fluorinated greenhouse gases:

1) the competent authorities and their competence;

2) the procedures and requirements for submitting reports;

3) the procedures and requirements for issuing, suspending or revoking certificates or licences;

4) the amount of information to be included in the list of certified and licensed performers of activity and the procedures for publication thereof;

5) term of validity of certificates and licences.

(4) The performer of activities shall submit the application for receipt of authorisation for the activities with ozone-depleting substances and fluorinated greenhouse gases electronically through the information system of the State Environmental Service by using a special online form if he or she has been electronically identified by the personal identification shared use module under the supervision of the State Regional Development Agency. The State Environmental Service shall notify the recipient of authorisation of the taken decisions through the information system of the State Environmental Service.

[29 October 2009; 24 May 2012; 26 October 2017; 14 January 2021]

Section 17. Restrictions on the Marketing of Toxic and Very Toxic Chemical Substances and Mixtures

(1) It is prohibited to sell toxic and very toxic chemical substances and mixtures to natural persons who are under 18 years of age.

(2) Performers of activities who sell toxic or very toxic substances or mixtures shall maintain records of the purchasers of the abovementioned chemical substances or mixtures. Upon maintenance of records of the purchasers, the name and amount of the sold toxic or very toxic chemical substances and mixtures, and also the following shall be indicated:

1) for natural persons - the given name, surname and personal identity number of the purchaser;

2) for legal persons - registration number and registered office, name of the undertaking (company) or firm name of the company.

(3) Records of purchasers shall be stored for 10 years according to the requirements of Article 36 of Regulation 1907/2006 and Article 49 of Regulation 1272/2008 and shall be presented to the supervisory and control institutions at their request.

(4) Processing of personal data shall be carried out in compliance with the laws and regulations governing the protection of personal data.

[16 October 2003; 29 October 2009; 14 January 2021]

Section 18. Fee for the Registration of Chemical Substances and Mixtures and Examination of Requests

[21 December 2000; 29 October 2009]

Chapter V
Administrative Offences in the Field of Chemical Substances, Mixtures and Biocidal Products, and Competence in Administrative Offence Proceedings

[21 May 2020 / The new wording of the Chapter shall come into force on 1 July 2020. See Paragraph 13 of Transitional Provisions]

Section 19. Administrative Offences in the Field of Chemical Substances, Mixtures, Articles, Biocidal Products, and Treated Articles

(1) For violation of the requirements of laws and regulations upon performing activities with chemical substances or mixtures, a warning or a fine from six to eighty-six units of fine shall be imposed on a natural person, but a fine from seventy to two hundred and eighty units of fine - on a legal person.

(2) For the failure to ensure the labelling of chemical substances, mixtures, biocidal products, and treated articles specified in laws and regulations, for inappropriate (incorrect) labelling thereof, for inappropriate (incorrect) classification of chemical substances or mixtures, a warning or a fine from twenty-eight to one hundred and forty units of fine shall be imposed on a natural person, but a fine from fifty-six to two hundred and eighty units of fine - on a legal person.

(3) For violation of the requirements of laws and regulations upon performing activities with biocidal products and treated articles which are substances or mixtures, a fine from six to eighty-six units of fine shall be imposed on a natural person, but a fine from fourteen to two hundred units of fine - on a legal person.

(4) For unauthorised export of hazardous chemical substances, a fine from fourteen to eighty-six units of fine shall be imposed on a natural person, but a fine from eighty-six to two hundred units of fine - on a legal person.

(5) For activities with a biocidal product without an authorisation, a fine from eighty-six to one hundred and forty units of fine shall be imposed on a natural person, but a fine from two hundred and eighty to eight hundred and sixty units of fine - on a legal person.

(6) For placing on the market, offering, or selling articles which contain a prohibited hazardous chemical substance or the amount of the chemical substance in which exceeds the margins specified in laws and regulations, and also treated articles whose treatment involves the use of a biocidal product which contains an unauthorised active substance, a fine from seven to one hundred and forty units of fine shall be imposed on a natural person, but a fine from fifty-six to two thousand eight hundred units of fine - on a legal person.

(7) For violation of the restrictions on the production, placing on the market, offering, or sale of hazardous chemical substances in the circulation of precious metals, precious stones and articles thereof, a fine from seven to one hundred and forty units of fine shall be imposed on a natural person, but a fine from fifty-six to two thousand eight hundred units of fine - on a legal person.

[21 May 2020 / The new wording of Section shall come into force on 1 July 2020. See Paragraph 13 of Transitional Provisions]

Section 20. Administrative Offences in the Field of Registration, Restriction, and Authorisation of Chemical Substances

(1) For the failure to comply with an obligation of a supplier to provide a recipient of a chemical substance or mixture with a safety data sheet or for the failure to complete a safety data sheet regarding hazardous chemical substances or hazardous mixtures, or for providing false or incomplete information in the safety data sheet, a warning or a fine from fifty-six to one hundred and forty units of fine shall be imposed on a natural person, but a fine from one hundred and forty to two hundred and eighty units of fine - on a legal person.

(2) For the failure to comply with an obligation of a registrant to update registration documentation of a chemical substance with new information and submit it to the European Chemicals Agency, a fine from fourteen to eighty-six units of fine shall be imposed on a natural person, but a fine from eighty-six to two hundred units of fine - on a legal person.

(3) For the failure to register and notify chemical substances or chemical substances contained in a mixture or articles to the European Chemical Agency, a fine from fifty-six to one hundred and forty units of fine shall be imposed on a natural person, but a fine from one hundred and forty to two hundred and eighty units of fine - on a legal person.

(4) For the failure to draw up a chemical safety report or to update an existing chemical safety report, a fine from fifty-six to one hundred and forty units of fine shall be imposed on a natural person, but a fine from one hundred and forty to two hundred and eighty units of fine - on a legal person.

(5) For the failure to comply with an obligation of a producer, an importer, a downstream user, or a distributor to store information on chemical substances or mixtures for 10 years, a fine from fifty-six to one hundred and forty units of fine shall be imposed on a natural person, but a fine from one hundred and forty to two hundred and eighty units of fine - on a legal person.

(6) For the failure to provide information down or up the supply chain on chemical substances and chemical substances contained in mixtures, and also for the failure to communicate substances in articles for which a safety data sheet is not intended, a fine from fifty-six to one hundred and forty units of fine shall be imposed on a natural person, but a fine from one hundred and forty to two hundred and eighty units of fine - on a legal person.

(7) For activities with hazardous chemical substances without an authorisation, a fine from eighty-six to one hundred and forty units of fine shall be imposed on a natural person, but a fine from two hundred and eighty to eight hundred and sixty units of fine - on a legal person.

(8) For the production, placing on the market, offering, or sale of restricted or prohibited hazardous chemical substances and mixtures containing such substances, a fine from seven to one hundred and forty units of fine shall be imposed on a natural person, but a fine from fifty-six to two thousand eight hundred units of fine - on a legal person.

[21 May 2020 / The new wording of Section shall come into force on 1 July 2020. See Paragraph 13 of Transitional Provisions]

Section 21. Administrative Offences in the Field of Varnishes, Paints, and Vehicle Refinishing Products

(1) For placing on the market varnishes, paints, and vehicle refinishing products which have been specified in laws and regulations and exceed the maximum authorised limit values for the content of volatile organic compounds specified in laws and regulations, a fine from seven to one hundred and forty units of fine shall be imposed on a natural person, but a fine from fifty-six to two hundred and eighty units of fine - on a legal person.

(2) For violation of laws and regulations and for the trade or use of the varnishes, paints, and vehicle refinishing products specified therein without a licence for the activities to be performed, a fine from six to eighty-six units of fine shall be imposed on a natural person, but a fine from seventy to two hundred and eighty units of fine - on a legal person.

[21 May 2020 / Section shall come into force on 1 July 2020. See Paragraph 13 of Transitional Provisions]

Section 22. Administrative Offences in the Field of Industrial Accident Risk Assessment and Risk Reduction Measures

(1) For the failure to make an identification of the hazard of industrial accidents and to submit a submission regarding hazardous substances, for the failure to provide information to the public on safety and protective measures and action in the case of an industrial accident, a fine from fifty-six to one hundred and forty units of fine shall be imposed on a natural person, but a fine from eighty-six to five hundred and eighty units of fine - on a legal person.

(2) For the failure to ensure compliance of the performance of safety management system with the safety report or the industrial accident prevention programme, a fine from fifty-six to one hundred and forty units of fine shall be imposed on a natural person, but a fine from two hundred and eighty to one thousand four hundred units of fine - on a legal person.

(3) For the failure to take measures in order to prevent an industrial accident, for the failure to take measures, in the case of an industrial accident, in order to limit or reduce consequences thereof, for the failure to take measures after an industrial accident in order to eliminate consequences thereof, a fine from fifty-six to one hundred and forty units of fine shall be imposed on a natural person, but a fine from two hundred and eighty to two thousand and eight hundred units of fine - on a legal person.

[21 May 2020 / Section shall come into force on 1 July 2020. See Paragraph 13 of Transitional Provisions]

Section 23. Administrative Offences in the Field of Ozone-Depleting Substances and Fluorinated Greenhouse Gases

(1) For the failure to comply with the requirements for the labelling of the products and equipment which have been specified in laws and regulations and contain ozone-depleting substances or fluorinated greenhouse gases or the activity of which depends on them, a fine of up to forty-two units of fine shall be imposed on a natural person, but a fine of up to eighty-six units of fine - on a legal person.

(2) For the failure to ensure record keeping and storage of data regarding checks on the leakage of ozone-depleting substances or fluorinated greenhouse gases and of other information specified in laws and regulations, or for the failure to submit a report to the European Commission provided for in laws and regulations, a fine of up to seventy units of fine shall be imposed on a natural person, but a fine of up to one hundred and forty units of fine - on a legal person.

(3) For the performance of activities with products, equipment or systems containing ozone-depleting substances or fluorinated greenhouse gases without appropriate certificates or licences, a fine of up to seventy units of fine shall be imposed on a natural person, but a fine of up to one hundred and forty units of fine - on a legal person.

(4) For the release of ozone-depleting substances or fluorinated greenhouse gases in the atmosphere if the release is not technically necessary for the intended use, for exceeding the authorised maximum amount of leakages, for the failure to ensure leakage checks or functioning of leakage identification systems, for the failure to ensure frequency of leakage checks specified in laws and regulations, for the failure to ensure recovery in the cases specified in laws and regulations, or for the failure to comply with the requirements for destruction of fluorinated greenhouse gases, a fine of up to seventy units of fine shall be imposed on a natural person, but a fine of up to one hundred and forty units of fine - on a legal person.

(5) For unauthorised placing on the market or violation of the requirements for the use of the products and equipment which have been specified in laws and regulations and contain ozone-depleting substances or fluorinated greenhouse gases or the activity of which depends on them, or for the failure to comply with the requirements for suspension of use of these gases, a fine of up to seventy units of fine shall be imposed on a natural person, but a fine of up to one hundred and forty units of fine - on a legal person.

(6) For unauthorised bringing in (import) of ozone-depleting substances or fluorinated greenhouse gases, a fine of up to one hundred and forty units of fine shall be imposed on a natural person, but a fine of up to two hundred and eighty units of fine - on a legal person.

[21 May 2020 / Section shall come into force on 1 July 2020. See Paragraph 13 of Transitional Provisions]

Section 24. Competence in Administrative Offence Proceedings

(1) The administrative offence proceedings for the offences referred to in Section 19, Paragraphs one, two, three, four, and five, Section 20, Section 21, Paragraph two, and Section 22 of this Law in respect of activities with chemical substances, mixtures, chemical substances in articles, treated articles, and biocidal products in the production and professional use, and also for the offences referred to in Section 23, Paragraphs two, three, four, and six of this Law shall be conducted by the State Environmental Service.

(2) The administrative offence proceedings for the offences referred to in Section 19, Paragraphs one, two, three, and five, Sections 20 and 21 of this Law in respect of the marketed and distributed chemical substances, mixtures, and biocidal products shall be conducted by the Health Inspectorate.

(3) The administrative offence proceedings for the offences referred to in Section 19, Paragraphs two, three, and five of this Law in respect of biocidal products and treated articles in the field of food handling and veterinary field shall be conducted by the Food and Veterinary Service.

(4) The administrative offence proceedings for the offences referred to in Section 19, Paragraph seven of this Law in the circulation of precious metals, precious stones and articles thereof shall be conducted by the State Revenue Service.

(5) The administrative offence proceedings for the offences referred to in Section 19, Paragraphs two and six of this Law in respect of the chemical substances contained in articles on the market and the treated articles on the market, for the offences referred to in Section 20, Paragraph six of this Law in respect of the failure to provide information on substances in articles, and also for the offences referred to in Section 23, Paragraphs one and five of this Law shall be conducted by the Consumer Rights Protection Centre.

(6) The administrative offence proceedings for the offences referred to in Section 19, Paragraph five and Section 20 of this Law in respect of activities with chemical substances, mixtures, chemical substances in articles, and biocidal products in the work environment shall be conducted by the State Labour Inspectorate.

[21 May 2020 / Section shall come into force on 1 July 2020. See Paragraph 13 of Transitional Provisions]

Transitional Provisions

[30 June 2005]

1. Up to the day of the coming into force of Cabinet regulations, but not later than by 31 December 2005, the laboratory methods for determining chemical substance and mixture physical, toxicological and ecotoxicological properties and list of hazardous chemical substances approved by the Minister for Environment shall be applied.

2. The Cabinet shall, by 31 December 2005, issue regulations:

1) regarding the laboratory methods for determining chemical substance and mixture physical, toxicological and ecotoxicological properties;

2) regarding the list of hazardous chemical substances.

3. The amendment to Section 6 of this Law in respect of the deletion of Paragraph three shall come into force on 1 August 2008.

[1 November 2007]

4. The amendment in respect of the deletion of Section 13 of this Law shall come into force on 1 August 2008.

[1 November 2007]

5. Until 1 June 2009, Cabinet Regulation No. 158 of 25 April 2000, Regulations Regarding Restrictions and Prohibitions on Use and Marketing of Hazardous Chemical Substances and Hazardous Chemical Preparations, shall be applicable, insofar as it is not in contradiction with this Law.

[1 November 2007]

6. Amendments to Sections 10 and 12 of this Law determining the deletion of Paragraph three shall come into force on 1 June 2015.

[24 May 2012]

7. Section 10, Paragraph 2.1 and the second sentence of Section 12, Paragraph 2.1 of this Law shall be in force until 1 June 2015.

[24 May 2012]

8. Until 1 June 2015 Cabinet Regulation No. 107 of 12 March 2002, Procedures for Classification, Labelling and Packaging of Chemical Substances and Chemical Products, shall be in force insofar as it is not in contradiction with this Law.

[24 May 2012]

9. Until 1 June 2015 in addition to the conditions referred to in Section 10, Paragraph 2.1 of this Law mixtures may be classified in accordance with the requirements of Regulation No 1272/2008.

[24 May 2012]

10. The Cabinet shall, by 31 December 2012, issue the regulations referred to in Section 16, Paragraph two of this Law.

[24 May 2012]

11. Amendment in respect of the supplementation of Section 1 of this Law with Clause 8 shall come into force on 1 June 2015.

[18 September 2014]

12. Amendment in relation to Section 4, Paragraph 6.1 of this Law and the supplementation of Section 4 with Paragraph 6.4 shall come into force on 1 September 2015.

[18 September 2014]

13. Amendment to Section 3, Paragraph three, Clause 2 and amendment regarding the new wording of Chapter V of this Law shall come into force concurrently with the Law on Administrative Liability.

[21 May 2020]

Informative Reference to the Directives of the European Union

[30 June 2005; 1 November 2007; 21 October 2010; 24 May 2012; 18 September 2014; 26 October 2017; 14 January 2021]

This Law contains legal norms arising from:

1) [1 November 2007];

2) [26 October 2017];

3) [26 October 2017];

4) [26 October 2017];

5) [1 November 2007];

6) [14 January 2021];

7) [18 September 2014];

8) Directive 2011/65/EU of the European Parliament and of the Council of 8 June 2011 on the restriction of the use of certain hazardous substances in electrical and electronic equipment;

9) Directive (EU) 2018/851 of the European Parliament and of the Council of 30 May 2018 amending Directive 2008/98/EC on waste.

This Law shall come into force on 1 January 1999.

This Law has been adopted by the Saeima on 1 April 1998.

President G. Ulmanis

Rīga, 21 April 1998.


1 The Parliament of the Republic of Latvia

Translation © 2021 Valsts valodas centrs (State Language Centre)

 
Document information
Title: Ķīmisko vielu likums Status:
In force
in force
Issuer: Saeima Type: law Adoption: 01.04.1998.Entry into force: 01.01.1999.Theme: Environmental rights; Administratīvās atbildības ceļvedisPublication: Latvijas Vēstnesis, 106, 21.04.1998.; Latvijas Republikas Saeimas un Ministru Kabineta Ziņotājs, 10, 21.05.1998.
Language:
LVEN
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