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)
