Text consolidated by Valsts valodas centrs (State
Language Centre) with amending laws of:
11 March 2004 [shall come
into force on 1 May 2004];
12 May 2005 [shall come into force on 14 June
2005];
2 November 2006 [shall come into force on 1 January
2007];
17 July 2008 [shall come into force on 1 July
2009];
9 October 2008 [shall come into force on 23 October
2008];
4 March 2010 [shall come into force on 31 March
2010];
13 October 2011 [shall come into force on 3 November
2011];
7 November 2019 [shall come into force on 5 December
2019].
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 Saeima 1 has adopted and
President has proclaimed the following law:
Plant Protection Law
Chapter I
General Provisions
Section 1. Terms Used in this
Law
The following terms are used in this Law:
1) plants - living plants and living parts of plants
(vegetables, tubers, corms, bulbs, rhizomes, cut flowers,
branches with foliage, cut trees retaining foliage, leaves,
foliage, plant tissue cultures, pollen, scions, cuttings, shoots,
seeds), except for seeds not intended for sowing;
2) plant products:
a) products of plant origin, unprocessed or having undergone
simple preparation (milled, dried, or pressed);
b) parts of plants, including fruit and seeds, which are not
intended for sowing;
3) plant protection product - a product which consists
of or contains active substances, safeners, or synergists and
which is intended for any of the following uses:
a) protecting plants or plant products against harmful
organisms or preventing the action of such organisms, provided
that the main purpose of this product is considered to be for the
protection of plants or plant products rather than for reasons of
hygiene;
b) influencing the life processes of plants, such as
substances influencing growth, other than a nutrient;
c) preserving plant products (except for preservatives);
d) destroying undesired plants or parts of plants (except for
algae), provided that the product is applied on soil or water to
protect plants;
e) checking or preventing undesired growth of plants (except
for algae), provided that the product is applied on soil or water
to protect plants;
4) plant protection product application equipment - any
apparatus specifically intended for the application of plant
protection products and also accessories that are essential for
the effective operation of such equipment, such as nozzles,
manometers, filters, strainers, cleaning devices for tanks;
5) plant protection advisor - a person who advises, in
the context of a commercial service, on the use of plant
protection products and has obtained a certificate regarding the
right to perform such advising;
6) vendor of plant protection products - a person who,
under the assignment of a distributor of plant protection
products at the sales location of plant protection products
before selling plant protection products, provides information
regarding the plant protection product in accordance with the
procedures laid down in the laws and regulations governing the
placing of plant protection products on the market and has
obtained a certificate of the vendor of plant protection
products;
7) plant protection product application operator - a
person who performs activities with plant protection products of
the first or second class (for example, uses, dilutes plant
protection products, prepares mixtures thereof) and has obtained
a certificate regarding the right to perform such activities;
8) live organisms - insects, mites, nematodes which
have been prepared for the supply to a user in a ready-made form
and are intended for the protection of plants or plant products
against harmful organisms or the prevention of the influence of
such organisms;
9) integrated pest management - careful consideration
of all available plant protection methods and subsequent
integration of appropriate measures that discourage the
development of populations of harmful organisms, concurrently
keeping the use of plant protection products and other forms of
intervention to levels that are economically and ecologically
justified, reducing or minimising risks to human health and the
environment. Integrated pest management provides for the growth
of a healthy crop with the least possible disruption to
agro-ecosystems and encourages the use of natural mechanisms for
the control of harmful organisms;
10) aerial spraying - application of plant protection
products, using aircraft;
11) invasive alien plant species - species
non-characteristic to the nature of Latvia that endangers local
species and their habitats or causes economic losses, harm to
human health or the environment;
12) harmful organisms - harmful organisms belonging to
the animal or plant kingdom (viruses, mycoplasma, or other
pathogens) which are injurious to plants or plant products;
13) professional user of plant protection products - a
person who uses plant protection products of the first or second
class in his or her professional activity or performs aerial
spraying of plant protection products and has obtained a
certificate regarding the right to use plant protection
products.
[13 October 2011 / Amendments to Clauses 5, 6, and
13 shall come into force on 1 January 2013. See Paragraph
19 of Transitional Provisions]
Section 2. Purpose of this Law
The purpose of this Law is to govern the activities of natural
persons and legal persons in the field of plant protection in
order to prevent the introduction, establishment, and spread of
harmful organisms in the territory of the State and the European
Union, and also to ensure that the plant protection measures and
plant protection products do not leave an adverse effect on human
health, those species of animals which people raise or utilise
for food, and the environment, and to prevent the accumulation of
plant protection product residues in the products produced, in
the soil, and in water above the permissible norms.
[11 March 2004]
Section 3. Plant Protection
(1) Plant protection is a set of legal, technical,
organisational, and practical measures to be taken in order to
study biological and ecological factors of the organisms harmful
to and competitive with plants, to specify and implement
containment and eradication of the spread of such organisms.
(2) The Ministry of Agriculture shall oversee plant protection
in the State.
Chapter II
Competence of State Authorities with regard to the Field of Plant
Protection
Section 4. State Plant Protection
Service and Tasks thereof
(1) The State supervision in the field of plant protection
shall be organised and carried out by the State Plant Protection
Service, a direct administrative institution subordinate to the
Ministry of Agriculture.
(2) A director shall manage the State Plant Protection
Service. Service inspectors shall perform control functions in
the field of plant protection.
(3) The task of the State Plant Protection Service shall be to
detect, in time, the appearance of harmful organisms, to forecast
development thereof, to determine the plant quarantine measures
for individual cases and in specific places, and also to promote
the carrying out of plant protection measures to such extent as
may be required to eliminate or contain the spread of harmful
organisms and to reduce their negative impact.
(4) In order to carry out its tasks, the State Plant
Protection Service shall:
1) perform the functions of the competent authority in
accordance with Article 3(30) of Regulation (EC) No 1107/2009 of
the European Parliament and of the Council of 21 October 2009
concerning the placing of plant protection products on the market
and repealing Council Directives 79/117/EEC and 91/414/EEC
(hereinafter - Regulation No 1107/2009);
2) establish and maintain a register of those persons who are
involved in the cultivation of plants subject to phytosanitary
control, and also in the processing, storage, trade,
introduction, and exportation of plants and plant products;
3) issue phytosanitary documents certifying the conformity of
plants and plant products to the requirements laid down in legal
acts, including phytosanitary certificates for export and
re-export of plants and plant products;
4) perform State supervision and control over the placing on
the market, use, export, storage, and transportation of plant
protection products;
5) carry out examination of plants, provide land users
(owners) with information on the appearance and spread of harmful
organisms, and also on the plant protection measures to be
taken;
6) carry out phytosanitary control and determine phytosanitary
measures;
7) issue permits for the introduction or movement of harmful
organisms, plants, plant products and objects which have come
into contact with them, for scientific purposes, field trials or
varietal selection;
8) perform the functions of a reference laboratory in the
diagnostics of plant quarantine organisms and organisms
particularly harmful to plants, perform laboratory diagnostics of
plant quarantine organisms and organisms particularly harmful to
plants, confirm a plant quarantine organism and an organism
particularly harmful to plants detected by another laboratory and
provide laboratory services upon request;
9) carry out harmful organism risk analysis;
10) issue a certificate for the right to perform plant
protection product efficacy assessment trials;
11) introduce, implement, supervise, and control the
requirements of the legal acts of the European Union and the
decisions of the European Council and the European Commission in
the field of plant protection;
12) perform the monitoring of the spread of invasive alien
plant species specified by the Cabinet on land utilised for
agriculture, establish and maintain a database regarding the
spread of invasive alien plant species;
13) perform State supervision and control of the spread of
invasive alien plant species specified by the Cabinet;
14) issue special permits (licences) for the distribution of
plant protection products;
15) prepare an evaluation of the potential risk of aerial
spraying of a plant protection product and issue a permit for
aerial spraying of a plant protection product;
16) supervise the marking, certification, and handling of wood
packaging material, keep the register of wood packaging material
marking enterprises, take the decision on inclusion of a person
in the register of wood packaging material marking enterprises,
and issue a permit for the certification of heat treatment of
wood packaging material;
17) keep and maintain the State Information System for
Monitoring of Agricultural Plants.
(5) Inspectors of the State Plant Protection Service have the
following rights in the performance of supervision and
control:
1) to examine whether the requirements of the laws and
regulations in the field of plant protection are being complied
with;
2) without prior warning, to visit persons engaged in the
field of plant protection, to request and receive documents and
information, and also to take samples for laboratory
investigation.
(6) The State Plant Protection Service shall compile and
disseminate technical information on harmful organisms, develop
recommendations on the measures to be taken to contain and
eradicate the spread of such organisms, and also to ensure the
exchange of information between states in the field of plant
protection and the provision of information to the European
Commission, Member States of the European Union, and
international organisations.
(7) Experts from the European Commission and Member States of
the European Union together with State Plant Protection Service
officials may perform controls in the field of plant protection
in Latvia.
(8) Decisions of the State Plant Protection Service may be
disputed and appealed in accordance with the procedures laid down
in the legal acts governing administrative procedure.
(9) The decision of the State Plant Protection Service on the
application of phytosanitary measures and the suspension or
prohibition of the distribution or use of plant protection
products shall be implemented without delay. The director of the
Service is entitled with a written decision to suspend the
operation of an administrative act which is disadvantageous to
the recipient, if a submission has been received from the person
regarding the suspension of the operation of the administrative
act. The imposing of an administrative penalty and also the
compensation for the losses caused as a result of a violation
shall not release the person who has violated the requirements of
this Law from the obligation to ensure the execution of
phytosanitary measures specified by the State Plant Protection
Service.
(10) The presenting of a submission to a higher institution or
the submission of an application to a court in order to dispute a
decision on the application of phytosanitary measures shall not
suspend the operation of such decision.
(11) If the risk of the spread of harmful organisms arises,
the director of the State Plant Protection Service is entitled to
determine phytosanitary measures in relation to the introduction,
cultivation, or movement of plants, plant products, and objects
which have come into contact with them. The decision on the
abovementioned phytosanitary measures shall be published in the
official gazette Latvijas Vēstnesis.
[11 March 2004; 2 November 2006; 4 March 2010; 13 October
2011; 7 November 2019 / Amendment regarding the
supplementation of Paragraph nine with the sentence shall come
into force on 1 July 2020. See Paragraph 27 of
Transitional Provisions]
Section 5. Competence of the
Cabinet
In respect of the field of plant protection, the Cabinet shall
issue:
1) regulations regarding plant quarantine, determining the
procedures for phytosanitary control and supervision, the
procedures for the registration of growers of plants and the
processors, keepers, sellers, importers, and exporters of plants,
plant products, and the objects which have come into contact with
them, the phytosanitary measures to be applied, the procedures
for the introduction and distribution of plants, plant products,
and the objects which have come into contact with them subject to
phytosanitary control, the procedures for the issue of
phytosanitary documents, the procedures for the specification and
maintenance of protected zones, and also the procedures for the
circulation of plants, plant products, and the objects which have
come into contact with them in such zones, the procedures by
which information is submitted to the European Commission, and
the minimal equipment at a border control point for the
performance of phytosanitary control;
2) regulations regarding the placing on the market of plant
protection products in conformity with Regulation No
1107/2009;
3) regulations regarding propagating material, determining the
conformity criteria and the procedures for circulation of the
material;
4) [13 October 2011];
5) regulations regarding the use and storage of plant
protection products, regulating therein the requirements for the
use and storage of plant protection products, the principles and
requirements for the integrated pest management, the obligations
and rights of professional users of plant protection products,
plant protection product application operators, the procedures
for the preparation of the evaluation on the potential risk of
aerial spraying of a plant protection product, for the issuing of
a permit for aerial spraying of a plant protection product, the
special measures for the protection of aquatic environment and
drinking water;
6) [13 October 2011];
7) regulations regarding the procedures by which a person
shall cover expenditures related to with the registration of
plant protection products, the registration of persons subject to
phytosanitary control, the phytosanitary examinations, the
laboratory investigations or the issuance of documents, the
compulsory performance of phytosanitary measures, and the
performance of phytosanitary border controls;
8) regulations regarding the classification, packaging, and
marking of plant protection products;
9) regulations regarding the procedures by which a certificate
is issued for the performance of plant protection product
efficacy assessment trials;
10) regulations regarding the introduction or movement of
harmful organisms, plants, plant products, and objects which have
come into contact with them, for the needs of science, research,
or varietal selection intended items;
11) regulations regarding the procedures for the registration
of live organisms;
12) regulations regarding the procedures for the issuance of a
special permit (licence) for the distribution of plant protection
products and the payment of the State fee for the issuance and
re-registration thereof, and also regarding the amount of the
State fee;
13) regulations regarding the procedures for the eradication
and containment of the spread of specific quarantine
organisms;
14) regulations regarding phytosanitary measures and the
procedures for the application thereof for plant or plant product
protection against harmful organisms;
15) regulations regarding the measures for containing the
invasive alien plant species - Heracleum sosnowskyi Manden
(hereinafter - hogweed), and also the procedures and methods for
the elimination, regarding the procedures by which State
administration institutions shall provide information on the
distribution of hogweed in the target groups of land use, the
content of the information that shall be freely available to the
public on the spread of the species, and also on labour
protection requirements when performing containment measures;
16) regulations regarding the list of invasive alien plant
species;
17) regulations regarding the procedures for the containment
of the spread of the invasive alien plant species, regarding the
procedures by which the invasive alien plant species shall be
included in the list of invasive alien plant species, regarding
the procedures by which the monitoring, State supervision and
control of invasive alien plant species shall be performed,
regarding the procedures by which State administration
institutions shall provide information on distribution of
invasive alien plant species in other target groups of land use,
the content of information that shall be freely available to the
public on the spread of invasive alien plant species, and also
regulations regarding a State authority which controls
introduction of invasive alien plant species specified by the
Cabinet on the State border, and the procedures by which
containment measures of the spread of invasive alien plant
species shall be performed, the containment measures and methods
of certain invasive alien plant species, and, if necessary,
labour protection requirements;
18) regulations regarding the procedures for granting a
compensation for the implementation of phytosanitary measures in
determining plant quarantine and harmful organisms, for
eradication and containment of the spread of which a compensation
is to be paid, the amount and procedures for disbursement of the
compensation;
19) regulations regarding the compliance of propagation
material of fruit-trees and berry bushes with criteria and the
procedures for circulation of this material, determining the
procedures for recognition of a person who performs virus testing
and provides an opinion whether the propagation material is virus
free or virus tested;
20) regulations regarding the procedures by which the State
Plant Protection Service shall perform the functions of a
reference laboratory in the diagnostics of plant quarantine
organisms and organisms particularly harmful to plants,
regulating the functions and obligations of the laboratory, the
procedures by which it shall recognise the right of other
laboratories to diagnose plant quarantine organisms and organisms
particularly harmful to plants, and the procedures for the
supervision of such laboratories;
21) regulations regarding the training of professional users
of plant protection products, plant protection product
application operators, vendors of plant protection products, and
plant protection advisors, regulating the procedures by which a
permit for the performance of training shall be issued, the
requirements for the receipt of a permit, the training
procedures, the content of the training programme, the procedures
for examinations and issuing of a certificate;
22) regulations regarding plant protection product application
equipment, regulating the procedures for the performance of an
inspection of such equipment and issuing of certificates, the
requirements for plant protection product application equipment,
exceptions in relation to inspections, the procedures for the
recognition of certificates issued by other Member States of the
European Union, the time periods for inspection;
23) regulations regarding the placing of plant protection
products on the market, regulating the requirements for the
placing of plant protection products on the market, the criteria
to be set for sales locations, the requirements for trading,
bringing in, bringing out, storage, and transportation of plant
protection products, the obligations of the vendors of plant
protection products and plant protection advisors, the procedures
for the provision of information to a purchaser of a plant
protection product and the content thereof, and also the
procedures for the control of the handling of plant protection
products;
24) regulations regarding phytosanitary measures and the
procedures by which they shall be applied to the protection of
wood packaging material, regulating the procedures for the
performance of such measures and the marking of wood packaging
material, the applicable exceptions, the procedures for the
performance and cancellation of registration in the register of
wood packaging material marking enterprises, the provisions for
the certification of heat treatment of wood packaging material,
and the procedures by which a permit for the performance of
certification of heat treatment process of wood packaging
material shall be issued to and cancelled for the certification
authority, and also the procedures for the performance of
phytosanitary measures, marking and supervision of certification
of wood packaging material.
[11 March 2004; 12 May 2005; 2 November 2006; 9 October
2008; 4 March 2010; 13 October 2011 / The new wording of
Clause 5 shall come into force on 26 November 2011. See
Paragraph 18 of Transitional Provisions]
Section 6. Competence of the
Minister for Agriculture
The Minister for Agriculture shall approve, in the field of
plant protection, the guidelines for the growth of specific crops
to be grown in Latvia in conformity with the principles of the
integrated pest management.
[13 October 2011]
Chapter III
Plant Protection Products and Measures
Section 7. Plant Protection
Products
(1) It shall be permitted to place on the market, use, and
store plant protection products in accordance with Regulation No
1107/2009. The register of plant protection products shall be
kept by the State Plant Protection Service.
(2) A submission regarding the inclusion of a plant protection
product in the register shall be submitted by a person who is
responsible for the initial distribution of the plant protection
product in Latvia or the authorised person thereof (hereinafter -
the applicant for registration). An applicant for registration
shall have a legal address in the territory of the European
Union. A State fee shall be paid to the register of plant
protection products for the registration and maintaining of a
plant protection products in accordance with the procedures
specified in the Cabinet.
(3) A decision on the inclusion of a plant protection product
in the register shall be taken by the State Plant Protection
Service within one year from the day that the applicant for
registration has submitted documents which ensure the preparation
of the assessment of the plant protection product.
(4) Upon including plant protection products in the register,
three registration classes shall be determined for them.
(5) The following restrictions shall apply to the plant
protection products of the first and second classes:
1) a professional user of plant protection products, a plant
protection product application operator, or a plant protection
advisor shall be permitted to use them;
2) a professional user of plant protection products or a plant
protection advisor shall be permitted to purchase them.
(6) Plant protection products of the third class may be
purchased and used by all persons.
(7) The distributor of plant protection products shall ensure
that there is such vendor at the sales location of plant
protection products who has acquired the certificate of the
vendor of plant protection products.
(8) Training of professional users of plant protection
products, vendors of plant protection products, and plant
protection advisors shall be carried out by a legal person which
has received a permit of the State Plant Protection Service in
accordance with the procedures laid down in the laws and
regulations governing the training of professional users of plant
protection products, plant protection product application
operators, vendors of plant protection products, and plant
protection advisors.
(9) Certificates of professional users of plant protection
products, vendors of plant protection products, and plant
protection advisors shall be issued by the State Plant Protection
Service.
(10) The State Plant Protection Service shall provide an
opportunity for every interested person to receive information
regarding the register of plant protection products and the use
of the products included therein, general information regarding
plant protection products, the risks related to their use, the
impact of plant protection products on human health and
environment, and also alternatives for the use of plant
protection products which are not related to the use of chemical
substances, and shall issue a list of registered plant protection
products once a year. The State Plant Protection Service shall
publish information regarding the register of plant protection
products on its website.
[11 March 2004; 2 November 2006; 13 October 2011 /
The new wording of Paragraphs five, six, eight, and nine shall
come into force on 1 January 2013. See Paragraph 19 of
Transitional Provisions]
Section 8. Placing on the Market and
Use of Plant Protection Products
(1) Plant protection products may be placed on the market by
distributors of plant protection products - merchants which have
received a special permit (licence) issued by the State Plant
Protection Service.
(2) It shall be permitted to place on the market or use plant
protection products if they have been classified, packaged, and
marked in accordance with the procedures laid down in the laws
and regulations governing the classification, packing, and
marking of plant protection products and have been packaged in
the original packaging with the marking of the manufacturer in
Latvian.
(3) It shall not be permitted to place on the market or use
plant protection products the quality of which does not conform
to the composition of the registered plant protection product. If
there are doubts or suspicions regarding the quality of a plant
protection product, an inspector of the State Plant Protection
Service has the right to take samples of the plant protection
product and to send them for quality control.
(4) Inspectors of the State Plant Protection Service may
prohibit the placing on the market or use of plant protection
products, if it has been determined that they are not qualitative
or do not conform to the requirements of this Law but, if any
doubts arise regarding their quality, suspend the placing on the
market or use of these products until absolute reassurance of the
quality. In such case the decision shall be taken not later than
30 days after placing on the market or use of the plant
protection product has been suspended.
(5) The merchant which places a plant protection product on
the market shall ensure its handling and recording in accordance
with the procedures laid down in the laws and regulations
governing the distribution, storage, and use of plant protection
products and, each year by 1 April, submit information to the
State Plant Protection Service regarding the previous calendar
year, indicating which plant protection products and in what
quantity have been sold to users.
(6) It shall be permitted to place such plant protection
product on the market for which the term of validity has expired,
if its sample conforms to the conditions for registration and
there is a relevant decision of the State Plant Protection
Service. Sample is taken with the participation of an inspector
from the State Plant Protection Service who, within 30 days after
receipt of analyses from the accredited laboratory, shall decide
on further actions with respect to this product. Expenditures
related to sample analyses shall be covered by the distributor of
plant protection products.
[13 October 2011 / The new wording of the Section
shall come into force on 26 November 2011. See Paragraph
18 of Transitional Provisions]
Section 9. Storage of Plant
Protection Products
(1) The merchants referred to in Section 8, Paragraph one of
this Law shall ensure:
1) the storage of plant protection products in the original
packaging and in the conditions indicated on marking thereof and,
in addition, separately from other products and substances that
may affect the properties of the relevant plant protection
products;
2) separate storage of those plant protection products the
term of validity of which has expired and the quality of which
does not conform to the conditions for registration.
(2) The technical requirements to be set for the places of
storage of the plant protection products referred to in Paragraph
one of this Section shall be determined by the Cabinet.
(3) Persons who have acquired plant protection products shall
be liable for the storage thereof in lockable places,
inaccessible to children and animals, separate from food products
and animal feed.
[12 May 2005]
Section 10. Use of Plant Protection
Products
(1) A person shall use plant protection products in conformity
with the directions on the marking, the good plant protection
practice principles specified by the European and Mediterranean
Plant Protection Organisation (published on the website of the
State Plant Protection Service), and the principles and
requirements of the integrated pest management laid down in the
laws and regulations governing the use of plant protection
products in all cases provided therein.
(2) A person, upon request of the State Plant Protection
Service, shall provide information regarding the appearance,
spread of harmful organisms, the measures implemented to
eradicate such organisms, and the plant protection products
used.
(3) Aerial spraying of plant protection products shall be
permitted in the cases and in accordance with the procedures laid
down in the laws and regulations governing the use of plant
protection products.
(4) Chemical plant protection products which are unusable
shall be liquidated in accordance with the laws and regulations
regarding waste management. The owner of the chemical plant
protection products shall cover the costs related to these
actions.
[13 October 2011 / The new wording of the Section
shall come into force on 26 November 2011. See Paragraphs
18 and 21 of Transitional Provisions]
Section 11. Plant Protection Product
Application Equipment
(1) It shall be permitted to use only such plant protection
product application equipment which has been inspected and is in
working order.
(2) Inspection of plant protection product application
equipment shall be performed once in three years.
(3) Inspection of plant protection product application
equipment shall be performed in accordance with the procedures
laid down in the laws and regulations regarding plant protection
product application equipment. Inspection of new plant protection
product application equipment shall be performed after five years
from the moment of their purchase.
(4) The State Plant Protection Service shall supervise the
inspections and use of plant protection product application
equipment.
[13 October 2011 / Amendments to Paragraphs one,
two, three (in relation to the inspection of new plant protection
product application equipment), and four shall come into force on
26 November 2016. See Paragraph 22 of Transitional
Provisions]
Chapter IV
Plant Quarantine and Measures
Section 12. Plant Quarantine
(1) Plant quarantine or phytosanitation is a set of measures
organised by the State which shall be carried out to ensure plant
protection, not allowing the introduction and spread of plant
quarantine organisms and other organisms particularly harmful to
plants, which do not occur or are of limited spread and to which
phytosanitary measures shall apply.
(2) The State Plant Protection Service shall carry out
phytosanitary control, or this control shall be carried out under
supervision thereof in order to determine whether plants, plant
products, or objects which have come into contact with them
conform with phytosanitary norms and, if necessary, shall
determine phytosanitary measures to prevent the introduction,
establishment, and spread of plant quarantine organisms.
(3) If a risk of spreading harmful organisms arises in the
territory of the State, the State Plant Protection Service may
propose to the Minister for Agriculture that phytosanitary
measures for the introduction, cultivation, and movement of
plants, plant products and objects which have come into contact
with them be specified.
(4) A person has an obligation to inform the State Plant
Protection Service without delay of the appearance of a plant
quarantine organism or other unknown organism or symptom.
(5) The State Plant Protection Service shall develop a
long-term programme for the limitation of the spread of specific
harmful organisms.
(6) A person may receive a compensation for fulfilment of
phytosanitary measures assigned to him or her in accordance with
the procedures laid down in laws and regulations. The
compensation is paid from the State budget.
[11 March 2004; 9 October 2008]
Section 13. Registration of
Persons
(1) Persons involved in the cultivation of plants subject to
phytosanitary control, and also in the processing, storage,
introduction, trade, export, and movement of plants and plant
products within the State shall register with the State Plant
Protection Service. A State fee shall be paid for the assessment
of a submission for the registration of a person or performance
of amendments in the register of persons involved in the
circulation of plants and plant products subject to phytosanitary
control in accordance with the procedures specified by the
Cabinet.
(2) The registered persons have an obligation to:
1) keep documentation related to plants and plant products and
to, upon request, produce it to the inspectors of the State Plant
Protection Service;
2) visually inspect plants and plant products and inform the
State Plant Protection Service without delay of the appearance of
plant quarantine organisms or other unknown organisms or
symptoms;
3) comply with the requirements laid down by the legal acts
regarding circulation of plants and plant products subject to
phytosanitary control and objects which have come into contact
with them;
4) ensure that the inspectors of the State Plant Protection
Service have an opportunity to access properties where plants,
plant products, and objects that have come into contact with them
are grown and stored, and to control the implementation of
phytosanitary measures;
5) inform the State Plant Protection Service of changes to the
information included in the register;
6) ensure for the State Plant Protection Service the necessary
written information of the cultivation, production, and storage
location of plants and plant products.
(3) The State Plant Protection Service shall, not less
frequently than once a year, control how the registered persons
comply with the requirements laid down in the legal acts
regarding the circulation of plants, plant products, and objects
which have come into contact with them, which are subject to
phytosanitary control.
[11 March 2004; 2 November 2006]
Section 14. Introduction of Plants
and Plant Products
(1) It is prohibited to introduce into the European Union and
the State plant quarantine organisms, and also plants, plant
products, and objects which have come into contact with them if
they do not conform with the phytosanitary norms, and also when
there are no relevant documents.
(2) Persons involved in the introduction of plants and plant
products subject to phytosanitary control and of objects which
have come into contact with them, shall ensure the conditions
necessary for the carrying out of phytosanitary control.
(3) Customs clearance for plants and plant products subject to
phytosanitary control and of objects which have come into contact
with them may only be completed after phytosanitary control
thereof.
(4) In individual cases the State Plant Protection Service may
also subject to phytosanitary control other plants, plant
products, and objects which have come into contact with them if
there is a high risk of the introduction of plant quarantine
organisms.
(5) If, as a result of phytosanitary control, the
non-conformity of plants, plant products, and objects which have
come into contact with them to phytosanitary norms is determined,
then, measures to be taken with respect to these, shall be one of
the following:
1) they shall be sent back to the relevant state or the
infected or invaded products shall be removed from the freight,
allowing the remaining part of the freight to be imported if it
is ensured than no danger of the spread of harmful organisms
exists;
2) they shall be destroyed in accordance with procedures
specified by the State Plant Protection Service;
3) they shall be placed under customs control while the
importer carries out the phytosanitary measures specified by the
State Plant Protection Service.
(6) The implementation of the measures referred to in
Paragraph five of this Section shall be controlled by the State
Plant Protection Service. The costs of such measures shall be
covered by the importer of the plants, plant products, and
objects which have come into contact with them in accordance with
the procedures specified by the Cabinet.
(7) The phytosanitary control of imported propagating material
specified by the Minister for Agriculture shall be carried out in
the places where it is stored or grown. This propagating material
may be distributed or moved only according to a decision taken by
the State Plant Protection Service regarding its conformity with
the requirements laid down in legal acts.
[11 March 2004]
Section 15. Transit of Plants and
Plant Products
(1) If a consignment of plants, plant products and objects
which have come into contact with them is carried in transit
through the territory of the State without dividing, repackaging,
and storing this consignment and ensuring that there is no
possibility to infect the territory of the State with it, or to
become infected in the territory of the State with plant
quarantine organisms, the relevant consignment shall not be
subject to phytosanitary control.
(2) Phytosanitary control shall be carried out if there is
cause for suspicion that a transit consignment is infected with
plant quarantine organisms and their spread is possible and,
also, if the provisions of Paragraph one of this Section have not
been complied with.
Section 16. Exportation (Export) and
Re-exportation (Re-export) of Plants and Plant Products
(1) Plants, plant products, and objects which have come into
contact with them, to be exported and to be re-exported shall
conform to the phytosanitary regulations of the country of
destination.
(2) Persons involved in the exportation and re-exportation of
plants and plant products and objects which have come into
contact with them, shall, at least 48 hours before the
preparation of the consignment intended for delivery, inform the
State Plant Protection Service of the necessity for phytosanitary
control.
(3) Having carried out phytosanitary control, the State Plant
Protection Service shall issue a phytosanitary certificate for
exportation, or a phytosanitary certificate for re-exportation if
the consignment of plants, plant products, and objects which have
come into contact with them conforms with the phytosanitary
regulations of the country of destination or the country of
transit.
(4) It is prohibited to export plants, plant products, and
objects which have come into contact with them without
phytosanitary documents if such are provided for by the
phytosanitary regulations of the country of destination.
(5) If it is provided for in the legal acts of the importing
country that wood packaging material must be marked in accordance
with the International Standard for Phytosanitary Measures No.
15, Regulation of Wood Packaging Material in International Trade,
of the International Plant Protection Convention, phytosanitary
measures shall be taken and wood packaging material shall be
marked by a person included in the register of wood packaging
material marking enterprises. Heat treatment of the packaging
material shall be performed by a person who has been certified in
accordance with the procedures laid down in the legal acts
regarding phytosanitary measures for wood packaging material.
[2 November 2006; 13 October 2011]
Section 17. Internal Circulation of
Plants and Plant Products
(1) It is prohibited to distribute and move plants, plant
products, and objects which have come into contact with them that
are infected with plant quarantine organisms, and also plants and
plant products that do not conform with the phytosanitary
norms.
(2) The State Plant Protection Service shall carry out
examination of plants and plant products, analyse the risk of
establishment or spread of harmful organisms and, on the basis of
the results obtained, submit a recommendation to the European
Commission to recognise as a protected zone the whole of the
territory of Latvia or a part thereof where in conditions
appropriate for existence one or more specified harmful organisms
have not been introduced and spread, but where there is a danger
that under favourable ecological conditions for them such harmful
organisms may be established and spread.
(3) The State Plant Protection Service shall carry out the
supervision of certification of the propagating material of fruit
plants, ornamental plants, and vegetables and shall issue
conformity documents.
(31) Virus testing of propagation material of
fruit-trees shall be performed by a person who the Service has
recognised in accordance with the procedures specified by the
Cabinet.
(4) If the presence of plant quarantine organisms is
determined, persons following the instructions given by an
inspector of the State Plant Protection Service shall carry out
the destruction of the relevant plants and plant products, the
disinsectization or disinfection of plants, plant products, and
objects which have come into contact with them, and observe the
restrictions imposed on the circulation of plants and plant
products.
(5) The storage and propagation of plant quarantine organisms
and organisms especially dangerous for plants, and also the
activities related to genetic modification of these organisms may
be carried out only for the purposes of phytosanitary research
and diagnostics after prior coordination with the State Plant
Protection Service.
(6) In cases of massive spread of harmful organisms
(epiphytoty), plant protection measures shall be carried out in
accordance with the Civil Protection Law.
(7) In order to distribute plants, plant products, and objects
which have come into contact with them, which are under
phytosanitary control in Latvia and the European Union, plants
and plant products shall have attached to them a plant passport,
which certifies the conformity of the plants and plant products
with the phytosanitary requirements.
(8) Harmful organisms, plants, plant products, and objects
that have come into contact with them shall be introduced or
moved for the needs of trials and varietal selection if a permit
has been obtained from the State Plant Protection Service.
[11 March 2004; 9 October 2008]
Section 18. Control and Supervision
of Circulation of Plants and Plant Products
(1) The circulation of plants and plant products subject to
phytosanitary control and objects which have come into contact
with them shall be supervised and controlled by the State Plant
Protection Service. The Cabinet may determine another institution
for the border control of the introduced plants, plant products,
and objects that have come into contact with them, which shall
observe the instructions given by the State Plant Protection
Service for the carrying out of phytosanitary control.
(2) When carrying out the supervision and control of the
circulation of plants and plant products, inspectors of the State
Plant Protection Service shall:
1) examine plants and plant products in warehouses, means of
transport and industrial premises, and also areas of land
irrespective of the type of management thereof, of the form of
property, season, and other circumstances;
2) without payment to persons, take samples of plants and
plant products, growing mediums, seeds, and propagating material
for analysis in accordance with the methodological instructions
approved by the director of the State Plant Protection
Service;
3) assign persons to carry out the destruction of plants and
plant products, the treatment with relevant plant protection
products and disinfection of plants, plant products, and objects
which have come into contact with them if plant quarantine
organisms and plant and plant products which do not conform to
phytosanitary requirements have been determined, and also to
assign the use of specified devices and methods or to transfer
the plants and plant products to zones where they shall not
create additional danger, or to transfer the plants and plant
products to industrial processing locations, and also determine
the procedures for cultivation and harvesting of the plants, and
control the implementation of these measures;
4) prohibit the sowing of particular seeds, the planting and
cultivation of plants, also, permanently or temporarily, the use
of the soil contaminated with harmful organisms, the use of
infected seeds or propagating material, the transportation and
sale of infected plants or plant products, and also the
circulation of genetically modified organisms not conforming with
the requirements laid down in legal acts;
5) prohibit or determine restrictions regarding the
introduction, exportation, and inland circulation of plants,
plant products, and objects which have come into contact with
them if non-conformity with the requirements laid down in legal
acts has been determined;
6) if phytosanitary measures have been broken and if there is
a risk of the spread of plant quarantine organisms, the
phytosanitary measures required shall be carried out on a
compulsory basis. The breaker shall, in accordance with the
procedures specified by the Cabinet, cover the costs related to
such measures.
[11 March 2004]
Chapter
IV1
Containment of the Spread of Invasive Alien
Plant Species and Determination of the Spread Thereof
[2 November 2006]
Section 18.1 Invasive
Alien Plant Species and Containment of Their Spread
(1) Invasive alien plant species may be included in the list
of invasive alien plant species, if such species is included in
the list of invasive alien plant species approved by the European
and Mediterranean Plant Protection Organisation or by submitting
the relevant proposal in accordance with the procedures specified
by the Cabinet.
(2) It is prohibited to introduce into Latvia the plant
species included in the list of invasive alien plant species. The
Cabinet shall determine the State institution which controls the
introduction of invasive alien plant species on the State
border.
(3) It is prohibited to grow in Latvia the plant species
included in the list of invasive alien plant species. It is the
obligation of a land owner or possessor to destroy such invasive
alien plant species, if they have spread on the land owned or
possessed by him or her.
(4) The State Plant Protection Service shall perform the State
supervision and control of the spread of invasive alien plant
species.
(5) Destruction of invasive alien plant species in all the
territories in which they have spread, and also in the
territories adjacent to these territories shall be commenced and
performed in one season. The territories which are delimited from
the surrounding territories with natural obstacles (a road,
watercourse, forest and the like) which obstruct further spread
of the abovementioned plant species shall be considered as
adjacent territories.
(6) Local governments shall be involved in accordance with the
procedures specified by the Cabinet for the implementation of
certain measures for containment of the spread of invasive alien
plant species. For the implementation of the measures for
containment of the spread of invasive alien plant species a local
government of the city or a local government of the municipality
shall:
1) take a decision on measures for containment of the spread
of invasive alien plant species in the territory of the relevant
local government and publish it in the official gazette
Latvijas Vēstnesis;
2) establish a group of experts in the composition of which a
representative of the State Plant Protection Service is included.
A group of experts shall develop a plan of measures of the
relevant local government for containment of the spread of
invasive alien plant species;
3) in cooperation with the State Plant Protection Service
organise and coordinate the implementation of measures for
containment of the spread of invasive alien plant species, if a
land owner or possessor does not perform measures for containment
of the spread of invasive alien plant species.
(7) An invasive alien plant species may be introduced or grown
for scientific and research purposes, if a permit has been
received from the State Plant Protection Service in accordance
with the procedures laid down in the laws and regulations
regarding containment of the spread of invasive alien plant
species.
[9 October 2008; 17 July 2008]
Section 18.2 Surveying of
the Spread of Invasive Alien Plant Species and Compilation of
Data
(1) The Plant Protection Service shall perform the monitoring
of the spread of invasive alien plant species on land utilised
for agriculture. The information on the spread of invasive alien
plant species in other target groups of land use shall be
provided to the State Plant Protection Service by the State
administration institutions in accordance with the procedures
specified by the Cabinet.
(2) The State Plant Protection Service shall compile data
regarding the spread of invasive alien plant species in a
database. The information shall be freely available for the
public in accordance with the procedures specified by the
Cabinet.
(3) Each person shall inform the State Plant Protection
Service, if the information on the spread of invasive alien plant
species is at his or her disposal.
Chapter V
Co-operation in Plant Protection
Section 19. Co-operation in Plant
Protection
(1) Scientific research institutions and other persons
performing scientific researches, upon coordination with the
State Plant Protection Service, shall carry out research on plant
quarantine organisms, organisms especially dangerous for plants,
and phytosanitary measures for containment of the spread of the
abovementioned organisms.
(2) The police, State and local government authorities, upon
request of the State Plant Protection Service, shall provide
assistance to ensure the implementation of requirements laid down
in the laws and regulations.
[9 October 2008]
Chapter VI
Administrative Offences in the Field of Plant Protection and
Competence in Administrative Offence Proceedings
[7 November 2019 / The
new wording of Chapter shall come into force on 1 July 2020.
See Paragraph 27 of the Transitional Provisions]
Section 20. Violation of the
Requirements for the Placing of Plant Protection Products on the
Market
(1) For the violation of the requirements for the placing of
plant protection products on the market, a warning or a fine from
six to four hundred units of fine shall be imposed on a natural
person, but a fine from fourteen to two thousand units of fine -
on a legal person.
(2) For the placing of unregistered plant protection products
on the market, a fine from six to four hundred units of fine
shall be imposed on a natural person, but a fine from seventy to
two thousand units of fine - on a legal person.
[7 November 2019 / The new wording of Section shall
come into force on 1 July 2020. See Paragraph 27 of the
Transitional Provisions]
Section 21. Violation of the
Requirements for the Use of Plant Protection Products
(1) For the violation of the requirements for the use of plant
protection products, a warning or a fine from six to four hundred
units of fine shall be imposed on a natural person, but a fine
from fourteen to two thousand units of fine - on a legal
person.
(2) For the use of unregistered plant protection products, a
fine from fourteen to four hundred units of fine shall be imposed
on a natural person, but a fine from seventy to two thousand
units of fine - on a legal person.
[7 November 2019 / This Section shall come into
force on 1 July 2020. See Paragraph 27 of the Transitional
Provisions]
Section 22. Violation of the Plant
Quarantine Requirements
(1) For the cultivation of plants subject to phytosanitary
control, for the processing, storage, trade, and movement of
plants and plant products without registering in the register of
persons involved in handling of plants and plant products subject
to phytosanitary control, a warning or a fine from three to one
hundred and fifty units of fine shall be imposed on a natural
person, but a fine from sixty to six hundred units of fine - on a
legal person.
(2) For the non-implementation of phytosanitary measures for
the containment and eradication of the spread of plant quarantine
organisms or harmful organisms or for the non-conformity with the
phytosanitary requirements, a fine from fourteen to two hundred
and eighty units of fine shall be imposed on a natural person,
but a fine from sixty to one thousand and four hundred units of
fine - on a legal person.
(3) For the violation of the conditions for the use of the
marking of wood packaging material, a fine from eighty to four
hundred units of fine shall be imposed on a natural person, but a
fine from eighty to one thousand and four hundred units of fine -
on a legal person.
(4) For exportation of plants and plant products subject to
phytosanitary control or relevant treatment from Latvia without
phytosanitary control and treatment, a fine from twenty to one
hundred and fifty units of fine shall be imposed on a natural
person, but a fine from sixty to two hundred and eighty units of
fine - on a legal person.
[7 November 2019 / This Section shall come into
force on 1 July 2020. See Paragraph 27 of the Transitional
Provisions]
Section 23. Violation of the
Requirements for the Distribution of the Plants, Plant Products,
and Objects which Have Come into Contact with Them Requiring a
Plant Passport or Label
(1) For the distribution with an invalid plant passport or
label or without a plant passport or label of the plants, plant
products, and objects which have come into contact with them
specified in the laws and regulations regarding plant quarantine,
a warning or a fine from three to one hundred and forty units of
fine shall be imposed on a natural person, but a fine from sixty
to one thousand and four hundred units of fine - on a legal
person.
(2) For the preparation of plant passports without the receipt
of a permit, a warning or a fine from fourteen to one hundred and
forty units of fine shall be imposed on a natural person, but a
fine from seventy to one thousand and four hundred units of fine
- on a legal person.
[7 November 2019 / This Section shall come into
force on 1 July 2020. See Paragraph 27 of the Transitional
Provisions]
Section 24. Failure to Notify if
Plant Quarantine Organisms, Other Unknown Organisms, or Their
Symptoms have been Detected
For the failure to notify if plant quarantine organisms, other
unknown organisms, or their symptoms have been detected, a fine
from fourteen to one hundred and forty units of fine shall be
imposed on a natural person, but a fine from seventy to six
hundred units of fine - on a legal person.
[7 November 2019 / This Section shall come into
force on 1 July 2020. See Paragraph 27 of the Transitional
Provisions]
Section 25. Allowing the Spread of
Invasive Alien Plant Species
(1) For allowing the spread, including cultivation, of
invasive alien plant species, except for aquatic plants, for
non-implementation of containment measures, allowing of
propagation and movement, except for movement in relation to
their eradication, a warning or a fine from ten to three hundred
units of fine shall be imposed on a natural person, but a fine
from sixty to six hundred units of fine - on a legal person.
(2) For the trade, placing on the market, change, or any other
kind of transfer of invasive alien plant species to other
persons, a fine from twenty to one hundred and forty units of
fine shall be imposed on a natural person, but a fine from sixty
to six hundred units of fine - on a legal person.
(3) For the non-conformity with the conditions of the permit
for activities with invasive alien plant species, a fine from
fourteen to one hundred and forty units of fine shall be imposed
on a natural person, but a fine from twenty-eight to five hundred
and eighty units of fine - on a legal person.
(4) For the failure to provide information to the State Plant
Protection Service regarding areas invaded by invasive alien
plant species, except for aquatic plants, a warning or a fine
from two to twenty units of fine shall be imposed on a natural
person, but a fine from ten to forty units of fine - on a legal
person.
[7 November 2019 / This Section shall come into
force on 1 July 2020. See Paragraph 27 of the Transitional
Provisions]
Section 26. Violation of the
Requirements for the Introduction of Plant Quarantine Organisms,
Plants, Plant Products, and Objects which Have Come into Contact
with Them, and Plant Protection Products, and also Invasive
Plants
(1) For the violation of the requirements laid down for the
bringing in of plant protection products in Latvia, a warning or
a fine from six to four hundred units of fine shall be imposed on
a natural person, but a fine from fourteen to two thousand units
of fine - on a legal person.
(2) For the introduction of plant quarantine organisms,
plants, plant products, and objects which have come into contact
with them in Latvia if they do not comply with the phytosanitary
requirements or have been introduced without documents or with
non-compliant documents, a fine from twenty to four hundred units
of fine shall be imposed on a natural person, but a fine from
sixty to one thousand and four hundred units of fine - on a legal
person.
(3) For the introduction of the plant species included in the
list of invasive alien plant species in Latvia, a warning or a
fine from ten to three hundred units of fine shall be imposed on
a natural person, but a fine from sixty to six hundred units of
fine - on a legal person.
[7 November 2019 / This Section shall come into
force on 1 July 2020. See Paragraph 27 of the Transitional
Provisions]
Section 27. Competence in
Administrative Offence Proceedings
(1) The administrative offence proceedings for the offences
referred to in Sections 20, 21, 22, 23, 24, and 25 of this Law
shall be conducted by the State Plant Protection Service.
(2) The administrative offence proceedings for the offences
referred to in Section 26 of this Law shall be conducted by the
Food and Veterinary Service.
(3) Until examination of the administrative offence case,
administrative offence proceedings for the offences referred to
in Section 25, Paragraphs one and two of this Law shall also be
conducted by the municipal police, but the administrative offence
case shall be examined by the administrative commission or
sub-commission of the local government.
[7 November 2019 / This Section shall come into
force on 1 July 2020. See Paragraph 27 of the Transitional
Provisions]
Transitional Provisions
1. The State Plant Protection Service shall be a successor in
rights and obligations of the State Plant Protection Station.
2. Until the day of the coming into force of this Law, special
permits (licences) issued for trading of plant protection
products shall be valid until the end of the expiry date
specified therein.
3. Until the day of the coming into force of this Law, the
term of validity and registration conditions for registered plant
protection products shall apply.
4. [11 March 2004]
5. [11 March 2004]
6. The Cabinet shall issue:
1) by 1 May 2004, regulations regarding the procedures for the
registration of live organisms;
2) by 1 May 2004, regulations regarding the procedures by
which special permits (licences) for the distribution of plant
protection products shall be issued;
3) by 1 May 2004, regulations regarding the procedures by
which a person shall cover the expenditures which are associated
with registration, the registration of persons subject to
phytosanitary control, phytosanitary examinations, laboratory
investigations or the issue of documents, the performance of
compulsory phytosanitary measures and the performance of
phytosanitary border controls;
4) by 1 May 2004, regulations regarding the procedures for the
registration of chemical plant protection products and plant
protection products containing micro-organisms and viruses;
5) by 1 May 2004, regulations regarding the distribution,
storage, and use of plant protection products, determining the
criteria to be set for sales locations, the obligations and
rights of persons, the procedures for the bringing in and
bringing out of plant protection products, and also regulations
regarding the procedures of circulation and control of plant
protection products and unregistered plant protection
products;
6) by 1 May 2004, regulations regarding the introduction or
movement of harmful organisms, plants, plant products, and
objects which have come into contact with them, items intended
for scientific purposes, field trials, and varietal
selection;
7) by 1 July 2004, regulations regarding the classification,
packaging, and marking of plant protection products;
8) by 1 July 2004, regulations regarding the procedures by
which certificates are issued for the performance of plant
protection product efficacy assessment trials.
[11 March 2004]
7. Special permits (licences) issued up to 1 May 2004 for
trade in plant protection products shall be in effect until the
end of the term of validity specified in them.
[11 March 2004]
8. For plant protection products registered up to 1 May 2004,
the registration time period specified and the registration
conditions shall be preserved.
[11 March 2004]
9. The Cabinet shall, by 1 January 2007, issue the regulations
referred to in Section 5, Clauses 15 and 16 of this Law.
[2 November 2006]
10. The Cabinet shall, by 1 May 2007, issue the regulations
referred to in Section 5, Clause 17 of this Law.
[2 November 2006]
11. The Cabinet shall, by 1 December 2008, issue the
regulations referred to in Section 5, Clauses 18 and 19 of this
Law.
[9 October 2008]
12. The Cabinet shall, by 30 December 2009, issue the
regulations referred to in Section 5, Clause 20 of this Law.
[9 October 2008]
13. Section 5, Clause 20 of this Law shall come into force on
1 January 2010.
[9 October 2008]
14. In 2008 the compensation intended in Section 12, Paragraph
six of this Law shall be paid from the resources granted to the
sub-programme "Funds for Unforeseen Events" of the budget of the
Ministry of Finance.
[9 October 2008]
15. Special permits (licences) for the placing on the market
of plant protection products issued by the Ministry of
Agriculture shall be in force until the end of the term of
validity specified therein.
[4 March 2010]
16. Section 5, Clause 12 of this Law shall come into force at
the same time with the relevant amendments to the law On Taxes
and Fees.
[4 March 2010]
17. Until the day of coming into force of the regulations
referred to in Section 5, Clause 12 of this Law Cabinet
Regulation No. 470 of 29 April 2004, Procedures for Issuing of
Special Permits (Licences) for the Placing on the Market of Plant
Protection Products, shall be applied insofar as it is not in
contradiction with this Law.
[4 March 2010]
18. Amendments to Section 1, Clauses 1, 2, 3, 7, 8, 9, 10, 11,
and 12, Section 4, Paragraph four, Clauses 1, 4, and 15, Section
5, Clause 5, Section 7, Paragraphs one, four, seven, and ten,
Sections 8 and 10 of this Law which provide for their rewording
shall come into force on 26 November 2011.
[13 October 2011]
19. Amendments to Section 1, Clauses 5, 6, and 13, Section 7,
Paragraphs five, six, eight, and nine which provide for their
rewording shall come into force on 1 January 2013.
[13 October 2011]
20. Amendments to Section 1, Clause 4 and Section 11,
Paragraph three of this Law in relation to the inspection of
plant protection product application equipment shall come into
force on 1 January 2012.
[13 October 2011]
21. The principles and requirements for the integrated pest
management referred to in Section 10, Paragraph one of this Law
shall be applicable from 1 January 2014.
[13 October 2011]
22. Amendments to Section 11, Paragraphs one, two, three (in
relation to the inspection of new plant protection product
application equipment), and four which provide for their
rewording shall come into force on 26 November 2016.
[13 October 2011]
23. Until 26 November 2016 plant protection product
application equipment shall be inspected at least once.
[13 October 2011]
24. Until 1 January 2020 the intervening period between
inspections of plant protection product application equipment
shall not exceed five years.
[13 October 2011]
25. The Cabinet shall, by 31 December 2011, issue the
regulations referred to in Section 5, Clause 2 of this Law. Until
the day of coming into force of the relevant regulations, but not
longer than until 31 December 2011, Cabinet Regulation No. 156 of
23 March 2004, Registration Procedures for Plant Protection
Products, shall be applied insofar as it is not in contradiction
with Regulation (EC) No 1107/2009 of the European Parliament and
of the Council of 21 October 2009 concerning the placing of plant
protection products on the market and repealing Council
Directives 79/117/EEC and 91/414/EEC.
[13 October 2011]
26. The Cabinet shall, by 26 November 2011, issue the
regulations referred to in Section 5, Clauses 5, 21, 22, 23, and
24 of this Law. The Cabinet shall issue the principles and
requirements of the integrated pest management by 1 January
2014.
[13 October 2011]
27. Amendment to Section 4, Paragraph nine of this Law
regarding the supplementation thereof with a sentence and Chapter
VI of this Law shall come into force concurrently with the Law on
Administrative Liability.
[7 November 2019]
Informative Reference to European
Union Directives
[13 October 2011]
This Law contains legal norms arising from:
1) Commission Directive 92/70/EEC of 30 July 1992 laying down
detailed rules for surveys to be carried out for purposes of the
recognition of protected zones in the Community;
2) Commission Directive 92/90/EEC of 3 November 1992
establishing obligations to which producers and importers of
plants, plant products or other objects are subject and
establishing details for their registration;
3) Commission Directive 95/44/EC of 26 July 1995 establishing
the conditions under which certain harmful organisms, plants,
plant products and other objects listed in Annexes I to V to
Council Directive 77/93/EEC may be introduced into or moved
within the Community or certain protected zones thereof, for
trial or scientific purposes and for work on varietal
selections;
4) Directive 1999/45/EC of the European Parliament and of the
Council of 31 May 1999 concerning the approximation of the laws,
regulations and administrative provisions of the Member States
relating to the classification, packaging and labelling of
dangerous preparations;
5) Council Directive 2000/29/EC of 8 May 2000 on protective
measures against the introduction into the Community of organisms
harmful to plants or plant products and against their spread
within the Community;
6) Commission Directive 2008/61/EC of 17 June 2008
establishing the conditions under which certain harmful
organisms, plants, plant products and other objects listed in
Annexes I to V to Council Directive 2000/29/EC may be introduced
into or moved within the Community or certain protected zones
thereof, for trial or scientific purposes and for work on
varietal selections (Codified version);
7) Directive 2009/128/EC of the European Parliament and of the
Council of 21 October 2009 establishing a framework for Community
action to achieve the sustainable use of pesticides (Text with
EEA relevance);
8) Council Directive 2009/143/EC of 26 November 2009 amending
Directive 2000/29/EC as regards the delegation of the tasks of
laboratory testing.
The Law has been adopted by the Saeima on 17 December
1998.
President G. Ulmanis
Rīga, 30 December 1998
1 The Parliament of the Republic of
Latvia
Translation © 2021 Valsts valodas centrs (State
Language Centre)
