The translation of this document is outdated.
Translation validity: 31.03.2010.–02.11.2011.
Amendments not included:
13.10.2011.,
07.11.2019.
Text consolidated by Valsts valodas centrs (State
Language Centre) with amending regulations of:
11 March 2004;
12 May 2005;
2 November 2006;
17 July 2008;
9 October 2008;
4 March 2010.
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.
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The Saeima1 has adopted and
the 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:
a) living plants,
b) parts of plants, including fruit and seeds, which are
intended for cultivation;
2) plant products:
a) products of plant origin, unprocessed or having undergone
simple preparation (milled, dried or pressed), and
b) parts of plants, including fruit and seeds, which are not
intended for cultivation;
3) plant protection product:
a) active substances or preparations, put up in the form in
which they are supplied to the user and containing one or more
active substances. They are intended for the protection of plants
or plant products against organisms harmful to plants or for the
prevention of the action of such organisms, to influence the life
processes of plants (except influencing the life processes by
nutrition), the preservation of plant products (except
preservatives), the destruction of undesirable plants or parts of
plants, and the prevention of the undesired growth of plants,
and
b) live organisms (parasites or predators) put up in the form
in which they are supplied to the user. They are intended for the
protection of plants or plant products against organisms harmful
to plants or for the prevention of the action of such organisms,
to influence the life processes of plants (except influencing the
life processes by nutrition), the preservation of plant products
(except preservatives), the destruction of undesirable plants or
parts of plants, and the prevention of the undesired growth of
plants;
4) plant protection measures - impact of humans on
harmful organisms or pathogenic agents initiating plant
physiological dysfunction in order to protect plants;
5) active substances - substances or micro-organisms
having a general or specific effect on harmful organisms, as well
as on plants or plant products;
6) [11 March 2004]
7) harmful organisms - animal or plant kingdom
organisms, viruses, mycoplasmas and other pathogens harmful to
plants and plant products;
8) residues of plant protection products - one or more
substances (including the metabolites of such substances, and
substances resulting from the degradation or chemical reactions
thereof), which after the use of plant protection products remain
in or on plants and plant products, animal products which are
used for food, as well as in the environment;
9) distribution of plant protection products - trade,
any supply for payment or free of charge, importation, storage,
except storage for destruction;
10) registration of plant protection products - a
decision by which the right to distribute and use plant
protection products is granted;
11) environment - water, air, land, soil, wild species
of fauna and flora and any interactivity between them, as well as
any relationship with living organisms thereof;
12) integrated plant protection - combination of
biological, biotechnological, chemical or plant-breeding measures
and the rational utilisation of such combinations in order to
maximally reduce the use of plant protection products and to
maintain the population of harmful organisms at levels, which do
not cause economically unacceptable damage or loss;
13) substances - naturally occurring or synthetic
chemical elements or the compounds thereof, including any
impurities, which inevitably arise from the synthesising
process;
14) preparations - mixtures or solutions, which are
composed of two or more substances of which at least one is an
active substance, and which is intended for use as a plant
protection product;
15) invasive alien plant species - species
non-characteristic to the nature of Latvia which endangers local
species and their habitats or cause economic losses, damage to
the environment or human health.
[11 March 2004; 2 November
2006]
Section 2. Purpose of this Law
The purpose of this Law is to regulate the activities of
natural persons and legal persons in the field of plant
protection in order to prevent the import, introduction and
spread of harmful organisms in the territory of the State and the
European Union, as well as 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
restrictions on and combating 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, as well as to
promote the carrying out of plant protection measures to such
extent as may be required to eliminate or restrict the spread of
harmful organisms and to reduce the negative impact thereof.
(4) In order to carry out its tasks, the State Plant
Protection Service shall:
1) evaluate and register plant protection products, maintain a
register of plant protection products by introducing a list of
active substances registered in the European Union;
2) establish and maintain a register of those persons who are
involved in the cultivation of plants subject to phytosanitary
control, as well as in the processing, storage, trade, import and
export of plants and plant products;
3) issue phytosanitary documents certifying the conformity of
plants and plant products to the requirements prescribed by
regulatory enactments, including phytosanitary certificates for
export and re-export of plants and plant products;
4) carry out State supervision and control of the circulation
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 importation 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 reference laboratory functions in laboratory
diagnostic of harmful organisms and on request provide laboratory
services;
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 European Union regulatory enactments and European
Council and European Commission decisions 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.
(5) Inspectors of the State Plant Protection Service, in the
performance of supervision and control have the following
rights:
1) to examine whether the requirements of regulatory
enactments in the field of plant protection are being complied
with; and
2) without prior warning, to visit persons engaged in the
field of plant protection, to request and receive documents and
information, as well as to take samples for laboratory
investigation.
(6) The State Plant Protection Service shall compile and
disseminate technical information on harmful organisms, formulate
recommendations on the measures to be taken to restrict and
combat the spread of such organisms, as well as 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 according to the procedures specified in
regulatory enactments regulating administrative procedure.
(9) State Plant Protection Service decisions regarding 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.
(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 regarding the application of phytosanitary measures
shall not suspend the operation of such decision.
[11 March 2004; 2 November 2006; 4
March 2010]
Section 5. Competence of the
Cabinet
In respect of the field of plant protection, the Cabinet shall
issue:
1) regulation regarding plant quarantine, determine 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 importation 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, as well as 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) regulation regarding procedures for the registration of
chemical plant protection products and plant protection products
containing microrganisms and viruses;
3) regulation regarding propagating material, determining the
conformity criteria and the procedures for circulation of the
material;
4) regulation regarding control of pesticide residues,
determining the maximum permissible levels for pesticide residues
in products and the procedures for control thereof;
5) regulation regarding distribution, storage and use of plant
protection products, determining the criteria to be set for sales
locations, the duties and rights of persons, the procedures for
the importation and exportation of plant protection products, as
well as regulations regarding the procedures of circulation and
control of plant protection products and unregistered plant
protection products;
6) regulation regarding prohibited plant protection products,
determining the procedures for the distribution and use
thereof;
7) regulation regarding the procedures by which a person shall
cover expenditures, which are associated with the registration of
plant protection products, registration of persons subject to
phytosanitary control, phytosanitary examinations, laboratory
investigations or the issuance of documents, compulsory
performance of phytosanitary measures and the performance of
phytosanitary border controls;
8) regulation regarding the classification, packaging and
labelling of plant protection products;
9) regulation regarding the procedures by which a certificate
is issued for the performance of plant protection product
efficacy assessment trials;
10) regulation regarding the importation 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) regulation regarding the procedures for the registration
of live organisms;
12) regulation regarding the procedures by which special
permits (licences) for the distribution of plant protection
products shall be issued and the State fee for the issue and
re-registration thereof shall be paid, as well as regarding the
amount of the State fee;
13) regulation regarding procedures for the eradication and
containment of the spread of specific quarantine organisms;
14) regulation regarding phytosanitary measures and the
procedures for the application thereof for plant or plant product
protection against harmful organisms;
15) regulation regarding the measures for restricting the
invasive alien plant species - Heracleum sosnowskyi
Manden. (hereinafter - hogweed), as well as the procedures and
methods for the elimination, regarding procedures by which State
administration institutions shall provide information regarding
the distribution of hogweed in the target groups of land use, and
content of the information that shall be freely available to the
public regarding the spread of the species, as well as regarding
labour protection requirements when performing containment
measures;
16) regulation regarding the list of invasive alien plant
species;
17) regulation regarding the procedures for restriction of the
spread of the invasive alien plant species, regarding the
procedure by which the invasive alien plant species are 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 is performed, regarding the
procedures by which State administration institutions shall
provide information regarding distribution of invasive alien
plant species in other target groups of land use, content of
information that shall be freely available to the public
regarding the spread of invasive alien plant species, as well as
regulations regarding a State institution which controls bringing
in of invasive alien plant species specified by the Cabinet on
the State border, and the procedures by which restriction
measures of the spread of invasive alien plant species shall be
performed, restriction measures and methods of certain invasive
alien plant species, and, if necessary, labour protection
requirements;
18) regulation regarding 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) regulation regarding 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; and
20) regulation regarding procedures by which the Service
performs the functions of a reference laboratory for plants in
the diagnostics of harmful organisms determining the procedures
for accreditation of a reference laboratory, functions and duties
thereof.
[11 March 2004; 12 May 2005; 2
November 2006; 9 October 2008; 4 March 2010]
Section 6. Competence of the
Minister for Agriculture
In respect of the field of plant protection, the Minister for
Agriculture shall perform the following tasks:
1) approve official instructions in relation to plant
quarantine and specific plant protection measures;
2) [2 November 2006];
3) if in the territory of the State there is a risk of
spreading harmful organisms, in respect of the importation,
cultivation or movement of plants, plant products and objects
which have come into contact with them, may specify phytosanitary
measures and publish such measures in the newspaper Latvijas
Vēstnesis [the official Gazette of the Government of
Latvia];
4) [2 November 2006]; and
5) approve a long-term programme for the restriction of the
spread of specific harmful organisms.
[11 March 2004; 2 November
2006]
Chapter
III
Plant Protection Products and Measures
Section 7. Plant Protection
Products
(1) In Latvia registered plant protection products shall be
permitted to be distributed or used.
(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
- 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 regarding the inclusion of a plant protection
product in the register shall be taken by the State Plant
Protection Service within a period of 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) Unregistered plant protection products, which are intended
for distribution or use in one of the Member States of the
European Union or exportation outside of the territory of the
European Union may be imported, manufactured, stored or
transported according to the procedures the Cabinet has specified
for the distribution of plant protection products.
(5) Plant protection products shall be included in the
register for ten years. In order to ensure the possibility of
gradually assessing the features of new active substances and to
accelerate the accessibility of plant protection products
containing new active substances for users, the State Plant
Protection Service may include the plant protection product in
the register for a period of up to three years according to the
procedures specified in regulatory enactments regarding the
registration of plant protection products.
(6) Scientific research and experiments and trials intended to
improve plant protection products, which are associated with the
distribution and use in the environment of plant protection
products not in the register, shall be permitted only if a State
Plant Protection Service permit has been obtained for the
performance of research and experimentation. It is permitted to
use such plant protection products only in controlled conditions,
in limited amounts and in restricted areas. For the distribution
in the environment of plant protection products containing
genetically modified organisms it is necessary to also obtain a
permit, which is issued in accordance with the regulatory
enactments regarding the utilisation and distribution of
genetically modified organisms.
(7) If the distribution of a specific harmful organism
unavoidably endangers crops and it is not possible to combat such
harmful organisms with plant protection products included in the
register or other plant protection measures, the State Plant
Protection Service may issue a permit for a period of up to 120
days in accordance with the regulatory enactments regarding the
registration of plant protection products for the limited
distribution and use of such plant products (in controlled
conditions), which do not conform to the conditions of
registration.
(8) In including plant protection products in the register,
the following registration classes shall be determined:
1) the first class - plant protection products, which are used
under the guidance of a plant protection specialist;
2) the second class - plant protection products which may be
used by persons who have obtained a certificate for the
acquisition of the minimum knowledge of plant protection; and
3) the third class - plant protection products that may be
used by all persons.
(9) Seeds and growing medium, which contain plant protection
products or which have come into contact with such products may
be imported and distributed if such products have been included
in the register or are registered in one of the Member States of
the European Union. The name of the active substance and the
dosage shall be indicated on the packaging of the seeds and
growing medium.
(10) The State Plant Protection Service shall ensure that all
interested persons have an opportunity to obtain information
regarding the register of plant protection products and on the
use of the products included in it, as well as once a year shall
publish a list of the registered plant protection products.
[11 March 2004; 2 November
2006]
Section 8. Distribution and Use of
Plant Protection Products
(1) Plant protection products may be distributed by merchants,
which have obtained a special permit (licence) issued by the
State Plant Protection Service.
(2) Plant protection products shall be distributed or used if
they are classified, packaged and labelled according the
procedures specified in regulatory enactments for the
classification, packaging and labelling of plant protection
products and are packed in the original packaging with the
manufacturer's labelling in which there is indicated in Latvian
the name of the plant protection product, registration number and
class of the product, the preparatory form and type of effect,
the names of the active substances and its concentration in the
preparation, the name of the manufacturer, the date of
manufacture of the product and the expiry date, a description of
its hazards, instructions on use, directions for rendering first
aid and other information, which was approved upon registration
of such products.
(3) It is not permitted to distribute such plant protection
products the quality of which does not conform to the conditions
for registration thereof. In case of any doubt or suspicion,
inspectors of the State Plant Protection Service may take samples
of plant protection products from merchants and send them for
quality control.
(4) Inspectors of the State Plant Protection Service may
prohibit the distribution 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 doubt arise
regarding their quality, suspend the distribution of these
products until absolute reassurance of the quality. In this case,
the decision shall be taken within at least a 30-day period from
the day of suspension of the distribution.
(5) Plant protection products the term of validity of which
has expired may be distributed if their samples conform to the
conditions for registration and there is a relevant decision of
the State Plant Protection Service.
Samples shall be taken with the participation of an inspector
from the State Plant Protection Service who, within a 30-day
period after the receipt of analyses from an accredited
laboratory, shall decide on further actions with respect to these
materials. The merchant distributing the plant protection
products referred to shall cover expenditures related to the
analysis of samples.
(6) Merchants which distribute plant protection products shall
ensure circulation thereof and accounting in accordance with
procedures prescribed by the Cabinet and, each year, by 1 April,
submit information to the State Plant Protection Service
regarding the preceding calendar year, with an indication of the
names and quantities of the plant protection products sold to
users.
(7) Plant protection products, which are not registered, shall
not be advertised. The information provided for in advertisements
and consultations regarding plant protection products shall not
contradict the information included in the register of plant
protection products.
(8) For the performance of experiments and research or
measures if the distribution of a specific harmful organism
unavoidably endangers crops, it is permitted to distribute the
plant protection product in the original packaging with the
manufacturer's labelling on which is indicated the relevant
hazard symbols, a warning regarding risk and safety measures and
on which is an indication regarding the trade prohibition.
[11 march 2004; 12 May 2005; 4
March 2010]
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 labelling thereof
and, in addition, separately from other products and substances
that may affect the properties of the relevant plant protection
products; and
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 prescribed 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) Persons shall use plant protection products in accordance
with the directions referred to on the labelling of such
products, the good plant protection practice principles specified
by European and Mediterranean plant protection organisations, as
well as in all possible cases in accordance with integrated plant
protection principles.
(2) The plant protection products included in the first and
second class of registration may be used by persons who have been
certified and have obtained a certificate granting the right to
acquire and use these plant protection products. These persons
shall ensure the enumeration of the use of plant protection
products in accordance with the procedures prescribed by the
Cabinet.
(3) The State Plant Protection Service shall organise the
training of persons for implementation of plant protection
measures, specify the minimum knowledge required for plant
protection issues, and certify and issue certificates granting
persons the right to acquire and use plant protection products
necessary to combat harmful organisms.
(4) Persons, at the request of the State Plant Protection
Service, shall provide information regarding the appearance and
spread of harmful organisms, the measures taken to combat such
organisms and the plant protection products used.
(5) Chemical plant protection products, which are unusable,
shall be eliminated in accordance with regulatory enactments,
which determine the procedures for the management of waste. The
owner of the unusable chemical plant protection products shall
cover expenditures related to these actions.
(6) The use of plant protection products from aircraft is
allowable only after co-ordination with the State Plant
Protection Service and the relevant regional environmental
administration.
[11 March 2004]
Section 11. Plant Protection
Machines
Only such plant protection machines may be operated which
conform to the State standards, technical requirements and
operational regulations, not endangering human health and life,
as well as ensuring environmental protection.
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 importation 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 importation,
introduction 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 importation, cultivation and movement of plants,
plant products and objects which have come into contact with them
be specified.
(4) A person has a duty to inform the State Plant Protection
Service without delay regarding 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 specified in regulatory enactments. The
compensation shall be 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, as well as in the processing, storage,
import, 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 a duty 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 prescribed by the regulatory
enactments 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 regarding changes
to the information included in the register; and
6) ensure for the State Plant Protection Service the necessary
written information regarding 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 prescribed by the regulatory
enactments 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. Importation of Plants
and Plant Products
(1) It is prohibited to import into the European Union and the
State plant quarantine organisms as well as plants, plant
products and objects which have come into contact with them if
they do not conform with the phytosanitary norms, as well as when
there are no relevant documents.
(2) Persons involved in the importation 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 importation 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; or
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 expenditures of such measures shall
be covered by the importer of the plants, plant products and
objects, which have come into contact with them according to the
procedures specified by the Cabinet.
(7) The phytosanitary control of imported propagating material
determined 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 pursuant to a decision
taken by the State Plant Protection Service regarding its
conformity with the requirements prescribed by regulatory
enactments.
[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 and 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-export 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
export, or a phytosanitary certificate for re-export if the
consignment of plants and 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) The phytosanitary measures specified by the country of
destination for wood packaging shall be performed by a person
included in the register of wood packaging markers in accordance
with the regulatory enactments regarding phytosanitary measures
and procedures for application thereof in the protection of
plants or plant products against harmful organisms. The State fee
shall be paid in accordance with the procedures specified by the
Cabinet for the examination of a submission regarding inclusion
of a person in the register of wood packaging markers.
[2 November 2006]
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, as well as 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
importation 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 introduced 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, as well as the
activities related to genetic modification of these organisms may
be carried out only for the purposes of phytosanitary research
and diagnostics after prior co-ordination 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
to phytosanitary requirements.
(8) Harmful organisms, plants, plant products and objects that
have come into contact with them, shall be imported 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 imported 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 as well as 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, as well as 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, as well as 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, as well as the
circulation of genetically modified organisms not conforming with
the requirements prescribed by regulatory enactments;
5) prohibit or determine restrictions regarding the
importation, exportation and inland circulation of plants, plant
products and objects which have come into contact with them if
non-conformity with the requirements prescribed by regulatory
enactments has been determined; and
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 according to the procedures
specified by the Cabinet shall cover expenditures related to such
measures.
[11 March 2004]
Chapter
IV1
Restriction of the Spread of Invasive Alien
Plant Species and Determination of the Spread Thereof
Section 18.1 Invasive
Alien Plant Species and Restriction 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 bring in Latvia the plant species
included in the list of invasive alien plant species. The Cabinet
shall determine the State institution which controls the bringing
in 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
duty 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, as well as 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 referred to 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 restriction of the spread of invasive alien
plant species. For the implementation of the measures for
restriction 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 regarding measures for restriction of the
spread of invasive alien plant species in the territory of the
relevant local government and publish it in the newspaper
Latvijas Vēstnesis [the official Gazette of the government
of the Republic of Latvia];
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 restriction of the spread of
invasive alien plant species; and
3) in co-operation with the State Plant Protection Service
organise and co-ordinate the implementation of measures for
restriction of the spread of invasive alien plant species, if a
land owner or possessor does not perform measures for restriction
of the spread of invasive alien plant species.
(7) An invasive alien plant species may be brought in or grown
for scientific and research purposes, if a permit has been
received from the State Plant Protection Service in accordance
with the procedures specified in the regulatory enactments
regarding restriction of the spread of invasive alien plant
species.
[2 November 2006; 17 July 2008; 9
October 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 regarding 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 regarding the spread of invasive
alien plant species is at his or her disposal.
[2 November 2006]
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 co-ordination with the
State Plant Protection Service shall carry out research on plant
quarantine organisms, organisms especially dangerous for plants
and phytosanitary measures for restriction of the spread of the
referred to organisms.
(2) The police, State and local government institutions, at
the request of the State Plant Protection Service, shall provide
assistance to ensure the implementation of requirements
prescribed by regulatory requirements.
[9 October 2008]
Chapter
VI
Liability for Failure to Comply with this Law
Section 20. Liability for Failure to
Comply with this Law
(1) For violations of this Law, persons at fault shall be held
liable in accordance with the procedures prescribed by law.
(2) Persons at fault shall be held liable in accordance with
Civil Law for the failure to carry out plant protection measures,
for negligent use of plant protection products, distribution of
plant protection products of poor quality, intentional
distribution of plants and plant products infected with plant
quarantine organisms, as a result of which losses have been
caused to the growers of the plants or additional costs have been
incurred.
(3) The liability referred to in Paragraphs one and two of
this Section shall not release persons from the performance of
the phytosanitary measures determined by the State Plant
Protection Service.
(4) [11 March 2004]
[11 March 2004]
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 thereof.
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 duties and rights of
persons, the procedures for the importation and exportation of
plant protection products, as well as 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 importation 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 labelling of plant protection products; and
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, until 1 January 2007 issue the
Regulation referred to in Section 5, Clauses 15 and 16 of this
Law.
[2 November 2006]
10. The Cabinet shall, until 1 May 2007, issue the Regulation
referred to in Section 5, Clause 17 of this Law.
[2 November 2006]
11. The Cabinet shall, until 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, until 30 December 2009, issue the
Regulation 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 "Resources for Unforeseen Cases" 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 Regulation
referred to in Section 5, Clause 12 of this Law the 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 in so far as it is not in
contradiction of this Law.
[4 March 2010]
Informative
Reference to European Union Directives
The legal norms arising from the following directives have
been included in this Law:
1) Council Directive 91/414/EEC of 15 July 1991 concerning the
placing of plant protection products on the market;
2) 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;
3) 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;
4) 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;
5) 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; and
6) 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.
[2 November 2006]
Note. This Law shall come into force on 1 January 2007.
[2 November 2006]
Note1. This Law shall come into force on 1 July
2009.
[17 July 2009]
Note2. This Law shall come into force on the next
day after proclamation thereof.
[9 October 2008]
This 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 © 2010 Valsts valodas centrs (State
Language Centre)