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

29 May 1997[shall come into force from 24 June 1997];
30 October 1997 [shall come into force from 28 November 1997];
11 June 1998 [shall come into force from 15 July 1998];
22 October 1998 [shall come into force from 13 November 1998];
11 November 1999 [shall come into force from 1 January 2000];
9 May 2002 [shall come into force from 31 May 2002];
12 June 2003 [shall come into force from 17 July 2003];
4 March 2004 [shall come into force from 18 March 2004];
22 April 2004 [shall come into force from 1 May 2004];
16 September 2004 [shall come into force from 15 October 2004];
28 April 2005 [shall come into force from 4 May 2005];
22 June 2005 [shall come into force from 26 July 2005];
15 December 2005 [shall come into force from 1 January 2006];
11 May 2006 [shall come into force from 13 June 2006];
26 October 2006 [shall come into force from 9 November 2006];
29 March 2007 [shall come into force from 2 May 2007];
7 June 2007 [shall come into force from 20 June 2007];
13 March 2008 [shall come into force from 16 April 2008];
12 February 2009 [shall come into force from 11 March 2009];
16 July 2009 [shall come into force from 13 August 2009];
1 December 2009 [shall come into force from 1 January 2010];
30 September 2010 [shall come into force from 21 October 2010];
9 June 2011 [shall come into force from 30 June 2011];
21 March 2013 [shall come into force from 24 April 2013];
27 March 2014 [shall come into force from 22 April 2014];
2 October 2014 [shall come into force from 1 November 2014];
9 June 2016 [shall come into force from 13 July 2016];
23 November 2017 [shall come into force from 20 December 2017];
11 October 2018 [shall come into force from 1 January 2019];
20 June 2019 [shall come into force from 16 July 2019];
7 November 2019 [shall come into force from 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 Saeima1 has adopted
and the President has proclaimed the following Law:

On Aviation

Terms Used in this Law

Aeronautical information - information which includes the characterisation of aeronautical and electro-technical equipment to be used in aircraft flights and aerodromes, as well as information regarding the actual state thereof, and aircraft manoeuvring procedures in aerodrome traffic zones, airways, routes and other flight areas.

Prohibited area - restricted airspace above the State land territory or the internal or territorial waters of the Baltic Sea in which aircraft flights are prohibited.

Occurrence in civil aviation - the occurrence referred to in Article 2(7) of Regulation (EU) No 376/2014 of the European Parliament and of the Council of 3 April 2014 on the reporting, analysis and follow-up of occurrences in civil aviation, amending Regulation (EU) No 996/2010 of the European Parliament and of the Council and repealing Directive 2003/42/EC of the European Parliament and of the Council and Commission Regulations (EC) No 1321/2007 and (EC) No 1330/2007.

Aviation meteorological minimum - the minimal meteorological conditions in which aircraft are permitted to perform take-offs and landings at civil aerodromes. The aviation meteorological minimum is characterised by specific visual or instrumental visibility on the runway and the lower limit of the height of clouds.

Accident - the accident referred to in Article 2(1) of Regulation (EU) No 996/2010 of the European Parliament and of the Council of 26 October 2010 on the investigation and prevention of accidents and incidents in civil aviation and repealing Directive 94/56/EC (hereinafter - Regulation No 996/2010).

Civil aviation - the aggregate of aircraft, aerodromes and other objects, which are intended for the performance of carriage by air and aerial work, as well as for aviation sport, aviation propaganda and other public and private needs.

Civil aviation security - a complex of measures and human and material resources intended for the protection of civil aviation against unlawful acts of interference in the operation thereof.

Civil aviation security programme - measures necessary for the protection of civil aviation against unlawful acts of interference.

Civil aviation aircrew - persons who in accordance with the procedures stipulated by the relevant aviation authority are assigned to operate an aircraft during a flight thereof.

Civil aviation flight crew member - a civil aviation aircrew member whose duties are related to controlling an aircraft.

Civil aviation aircraft cabin crew member - a civil aviation aircrew member whose duties are related to the safety interests of passengers and servicing of passengers on an aircraft.

Civil aviation aircraft - an aircraft registered in the Civil Aviation Aircraft Register and not used by the military, customs or State Border Guard services.

Civil aviation personnel - natural persons holding qualification corresponding for performing functions in the field of civil aviation.

Instructions of a controller - directive instructions of an air traffic control service controller in relation to the performance of particular activities.

Aircraft flight manual - regulations relating to aircraft airworthiness, including restrictions to be complied with in order to recognise the aircraft as airworthy, as well as including instructions and information necessary for the aircrew in order to guarantee the safe operation of the aircraft.

Air operator licence - a document, which gives the right to perform a certain activity during the operation of an aircraft.

Operator - a person, organization or enterprise engaged in or offering to engage in an aircraft operation.

State of the operator - a state that is the place of the operator activities or, if there is no such place, the operator permanent place of location.

Pilot-in-command - a pilot who is responsible for the operation and safety of an aircraft during the flight thereof.

State of registry - a state in the register of which an aircraft has been registered.

Type of aircraft - aircraft of one and the same construction, including all the modifications thereof, except for modifications with different aerodynamic data.

Aircraft - any machine that can derive support in the atmosphere from the reactions of the air other than the reactions of the air against the earth's surface.

Aircraft endangered - an aircraft which is in the following situations:

1) there is doubt regarding the safety of an aircraft and the persons therein (alert phase); and

2) there is no assurance regarding the security of an aircraft and the persons therein (uncertainty phase).

Aircraft in danger - an aircraft, which is in a situation that is characterised by a justified belief that the aircraft and persons therein are under threat of serious and direct danger or immediate assistance is necessary (distress phase).

Aircraft flight safety - constant identification of danger and management of safety risks in order to guarantee that no harm to human beings or damages to property will be caused, reducing the possibility of such accident to a certain level and retaining it at the specific or lower level.

Carriage by air - aircraft flights performed in order to carry passengers, baggage, cargo and mail for remuneration or in accordance with a rental agreement.

Air traffic - movement of all such aircraft, which are in the air or move within the manoeuvring area of an aerodrome.

Incident - an occurrence, other than an accident, associated with the operation of an aircraft which affects or could affect the safety of operation.

Investigation - a process conducted for the purpose of accident prevention which includes the gathering and analysis of information, the drawing of conclusions, including the determination of causes and, when appropriate, the making of safety recommendations.

Rating - a note regarding special conditions, rights and restrictions, which is made in the relevant certificate or is an integral part thereof.

Airspace of the Republic of Latvia - airspace above the land territory of the Republic of Latvia, and the internal and territorial waters of the Baltic Sea.

Military Aviation of the Republic of Latvia - military aircraft registered in the Republic of Latvia, civil aviation aircraft registered in the Republic of Latvia used for the needs of the Latvian National Armed Forces, the aggregate of military aerodromes and other objects, which are intended for the performance of State defence functions.

Customs and State Border Guard service aviation of the Republic of Latvia - the aggregate of aircraft, aerodromes and other objects mainly intended for the performance of the functions of the referred to services.

Territory of the Republic of Latvia - the land territory of the Republic of Latvia, its internal and territorial waters of the Baltic Sea and airspace.

Aerodrome control zone - the part of the building at an airport and aerodrome territory into which entry is controlled.

Aerodrome reference point - a fixed point according to which the geographical location (grid reference) of an aerodrome is determined.

Manoeuvring area - the part of an aerodrome, except for the apron, intended for the needs of taking-off, landing and manoeuvring of aircraft.

Air traffic - all movement in the manoeuvring area of an aerodrome, as well as aircraft flights above the territory adjacent to the aerodrome.

Aerodrome - a specified land territory or water aquatorium, as well as the buildings, objects and equipment which are fully or partly intended to organise the arrival and departure of aircraft (that is the take-off, landing, taxiing and standing of aircraft, the embarkation and disembarkation of passengers, services for transit passengers, the loading and unloading of baggage, as well as the servicing, fuelling of aircraft, etc.).

Restricted area - a restricted airspace above the State land territory and its internal and territorial waters of the Baltic Sea in which aircraft flights shall be performed in accordance with special regulations.

Meteorological information -meteorological overview, analysis, forecast and any other bulletin regarding actual and expected meteorological conditions.

Meteorological service provider - an authority, which ensures for all interested persons with the necessary meteorological information aircraft flights prior to the flight and during the flight.

Military aviation aircraft - an aircraft registered in the Military Aviation Aircraft Register, and also a civil aviation aircraft used for military needs.

Military aviation area - a military site which includes a specific land territory or a land territory and water aquatorium, as well as airspace above this territory, and which has been created to organise military training by performing military aviation aircraft flights or shooting activities with training or live ammunition.

Military aerodrome - a military site, which includes a specific land territory or water area, as well as buildings, objects and equipment, which are intended to organise the landing and take-off of military aircraft, and which is maintained and used for State defence.

Aircraft of customs and State Border Guard services - aircraft used by the customs and State Border Guard services.

Unlawful intervention in civil aviation operations - activities, which endanger or may endanger civil aviation security (unauthorised entry of persons into controlled zones of aerodromes or an aircraft, the carriage of hazardous goods, weapons and explosives without a relevant permit, the use of a weapon against flight personnel or passengers, hijacking of an aircraft, etc.)

Serious incident - the incident referred to in Article 2(16) of Regulation No 996/2010.

Co-pilot - a pilot to whom a relevant certificate has been issued and who performs the functions of a pilot, except for the functions of a pilot-in-command; an exception is a pilot who is in the aircraft for training purposes or a pilot who during a flight in accordance with prescribed procedures takes over the right of the pilot-in-command and fulfils his or her duties if the pilot-in-command cannot fulfil them due to his or her state of health.

Carrier - an air operator which, utilising the rights granted thereto, conducts carriage by air.

Apron - a part of an aerodrome intended for the parking of an aircraft to ensure the embarkation and disembarkation of passengers, the loading or unloading of cargo or mail, and the standing, servicing and fuelling of the aircraft.

Serious injury - the injury referred to in Article 2(17) of Regulation No 996/2010.

Aerial work - the specialised operation referred to in Article 2(7) of Commission Regulation (EU) No 965/2012 of 5 October 2012 laying down technical requirements and administrative procedures related to air operations pursuant to Regulation (EC) No 216/2008 of the European Parliament and of the Council (hereinafter - Regulation No 965/2012).

International flights - aircraft flights performed within the airspace of more than one state.

International carriage by air - carriage, the starting point, stopover or destination of which is within the territories of several states.

Third country - a state that is not a Member State of the European Union or a state of the European Economic Area.

State aircraft - the aircraft referred to in Article 3(b) of the Convention on International Civil Aviation of 7 December 1944, and also an aircraft registered in the Civil Aviation Aircraft Register which during the relevant flight is used only to carry State delegations or to perform the functions of the State or international organisations.

Civil aviation aerodrome of the State significance - an aerodrome which is strategically important, needed for the development of civil aviation infrastructure and provision of public interests, where the required high quality and safety standards are ensured.

[22 June 2005; 15 December 2005; 11 May 2006; 26 October 2006; 13 March 2008; 9 June 2011; 21 March 2013; 2 October 2014; 23 November 2017; 11 October 2018]

Chapter One
General Provisions

Section 1. Jurisdiction Applicable to Airspace of the Republic of Latvia

The Republic of Latvia has sovereignty of the airspace above the land territory of the State, its internal and territorial waters of the Baltic Sea.

The jurisdiction of the Republic of Latvia shall be applicable in relation to the airspace of the Republic of Latvia.

Section 2. Regulatory Enactments, which Govern the Use of the Airspace of the Republic of Latvia and Civil and Military Aviation Operations

The use of the airspace of the Republic of Latvia, as well as civil and military aviation operations in the Republic of Latvia in the interests of the State and the inhabitants thereof shall be regulated by this Law, regulatory enactments issued within the scope of the competence prescribed by this Law, international agreements binding on the Republic of Latvia and the regulatory enactments of the European Union.

The Cabinet shall issue regulations if it is necessary for the fulfilment of technical requirements stipulated by the International Civil Aviation Organisation (ICAO), the European Aviation Safety Agency (EASA) and the European Civil Aviation Conference (ECAC) in order to guarantee aircraft flight safety and civil aviation security. These regulations may not restrict the fundamental rights of private individuals.

[26 October 2006; 21 March 2013; 23 November 2017]

Section 3. Scope of Application of this Law

The requirements laid down in this Law shall apply to:

1) civil and military aviation in the territory of the Republic of Latvia;

2) civil and military aircraft of the Republic of Latvia which are outside the territory of the Republic of Latvia, unless it is otherwise provided for in laws and regulations of such country in whose territory an aircraft is situated;

3) aviation of the customs and State Border Guard service of the Republic of Latvia.

Provisions of Sections 13, 14, 28, 29, 39, 40, 41, 41.1, and 42, Section 44, Paragraphs three and four, Sections 45, 47.1, and 48, Section 49, Paragraph two, Section 49.1, 54, 55, 56, 61, 63, 97, 112.1, 113, 113.1, 113.2, 113.3, 114, 115, 116, and 117 of this Law shall apply to the military aviation of the Republic of Latvia and foreign military aviation aircraft, unless the international agreements binding on the Republic of Latvia or the provisions of this Law provide otherwise.

Provisions of Sections 40, 41, 113.2 and 113.3 of this Law shall apply to the persons who perform the activity provided for in Section 40, Paragraph one, Clauses 2, 3 and 4 and Paragraph two of this Law, the construction, installation, placement and designation of the potentially hazardous objects specified in Section 41 of this Law, the construction, installation, placement and designation of the objects potentially hazardous to the safety of military aerodrome operation specified in Section 113.2 of this Law, and the construction, installation, placement and designation of the objects potentially hazardous to the safety of operation of military aviation area specified in Section 113.3 of this Law.

Derogation from the provisions of Paragraph one, Clause 3 of this Section, if necessary, to perform exceptional functions of such services shall be allowed with a decision of the Cabinet of the Republic of Latvia.

[16 September 2004; 22 June 2005; 15 December 2005; 11 May 2006; 26 October 2006; 16 July 2009; 2 October 2014; 23 November 2017; 11 October 2018]

Section 4. Certificates, Licences, Attestations and Permits Required for Civil Aviation Operations

[15 December 2005]

Section 4.1 State Support for Commencement and Provision of New Air Transport

The State or a local government is entitled to provide State support for the commencement and provision of new air transport among airports in Latvia, as well as among airports of Latvia and other airports of the European Union.

The State shall grant a support for commencement and provision of new air transport from subsidy from general revenues allocated for such purpose in the annual State budget law for the Ministry of Transport or from the resources provided for such purpose in the annual budget of the local government.

The Cabinet shall issue the regulations governing the procedures for granting the State support, the amount of the State support, restrictions for granting the State support, the requirements for a person in order for him or her to receive the State support for the commencement or provision of new air transport, as well as the requirements for ensuring transparency of granting the support.

[12 February 2009; 21 March 2013; 9 June 2016]

Section 4.2 State Support for Commencement and Provision of New Air Transport

Provision of services of public significance shall be ensuring of regular air transport determined by the State or a local government on a route of low load among airports in Latvia and among airports of Latvia and other airports of the European Union, if it has an important significance in the economic and social development of the territory.

A carrier by air shall be imposed a duty in a particular route of air transport to fulfil such commitments of the provision of services of public significance for the ensuring of the minimum amount, regularity and capacity of regular air transport which the carrier by air would not provide, if air transport in such route would be carried out based on the commercial principles only.

The State or a local government is entitled to compensate additional expenditures caused to a carrier by air which are necessary in order to fulfil the commitments of the provision of services of public significance imposed on him or her.

The Cabinet shall issue the regulations governing the procedures by which the commitments of the provision of services of public significance for the ensuring of regular air transport shall be determined and the procedures by which the compensation for the covering of additional expenditures caused to an air transport shall be determined.

[12 February 2009; 21 March 2013]

Chapter Two
State Administration and Oversight in the Field of Use of the Airspace of the Republic of Latvia and Civil Aviation Operations

Section 5. State Administration Authorities in the Field of Use of the Airspace of the Republic of Latvia and Civil Aviation Operations

The Aviation Department of the Ministry of Transport (hereinafter - Aviation Department) and the State agency Civilās aviācijas aģentūra [Civil Aviation Agency] (hereinafter - Civil Aviation Agency) shall implement State policy and administration in the field of use of the airspace of the Republic of Latvia and civil aviation operations.

The Civil Aviation Agency is a State administration authority non-financed from the budget and subordinated to the Ministry of Transport, which is financed from funds acquired for the provision of public services and other own revenues, gifts and donations, as well as foreign financial assistance in accordance with public service prices determined by the Cabinet, and from a revenue share of air navigation services in the Rīga flight information region in accordance with the Cabinet regulations regarding the procedures for the distribution of charges for air navigation services, as well as from revenue for the provision of safety of aircraft flights and oversight of civil aviation security in accordance with the Cabinet regulation regarding charge for the services provided on a civil aviation aerodrome of the State significance.

Charges for services provided by the Civil Aviation Agency and the revenue share of air navigation services in the Rīga flight information region shall be paid into the account of the Civil Aviation Agency at the Treasury and shall be used only for ensuring the operations of the Agency.

State administration in the field of the investigation of aviation accidents and incidents shall be implemented by the Transport Accident and Incident Investigation Bureau, which in the field of the investigation of aviation accidents and incidents shall be financed from a revenue share of air navigation services in the Rīga flight information region in accordance with the Cabinet regulations regarding the procedures for distribution of charges for air navigation services.

[22 June 2005; 15 December 2005; 29 March 2007; 1 December 2009; 30 September 2010; 9 June 2011]

Section 6. Competence of the Aviation Department, the Civil Aviation Agency, the Transport Accident and Incident Investigation Bureau and the State Border Guard

The Aviation Department shall:

1) develop a prospective development programme and draft conceptions for civil aviation ;

2) [23 November 2017];

3) develop agreements in the field of international flights and air transport, participate in the entering into of such agreements or enter into such agreements independently, as authorised by the Cabinet of the Republic of Latvia;

4) co-operate with representatives of governments and authorised aviation authorities of other states, as well as with international civil aviation organisations regarding issues relating to the use of airspace and the development of civil aviation operations;

5) request the information necessary for the fulfilment of the functions thereof from legal persons and natural persons whose activities are related to the use of airspace and the operation of civil aviation facilities;

6) issue permits to transport passengers, baggage and cargo;

7) [11 May 2006].

The Civil Aviation Agency shall:

1) exercise State oversight of the use of the airspace of the Republic of Latvia and civil aviation operations;

2) draw up measures for the maintenance and improvement, as well as provision of oversight of civil aviation aircraft flight safety and civil aviation security level;

3) prohibit activities related to the use of airspace or operation of civil aviation aircraft, aerodromes and other civil aviation objects and equipment of the Republic of Latvia if the provisions of this Law and other laws and regulations issued on the basis thereof are violated, as well as activities that endanger the safety of aircraft flights;

4) examine matters of administrative violations, in accordance with the procedures laid down in law, regarding violations in the field of civil aviation and impose administrative punishments;

5) carry out certification and exercise oversight of the civil aviation personnel, including issue licences of civil aviation flight crew members, air traffic controllers, air traffic information service operators and aircraft technical maintenance personnel, extend their term of validity, as well as suspend the operation of such licences or revoke the referred-to licences;

6) exercise oversight of medical examinations of civil aviation personnel, issue medical certificates of civil aviation personnel, extend their term of validity, as well as suspend the operation of such certificates or cancel the referred-to certificates, certify and exercise oversight of medical experts of civil aviation and civil aviation medical centres;

7) register civil aviation aircraft in the Civil Aviation Aircraft Register of the Republic of Latvia and delete them from this Register, as well as make the necessary changes in the Register;

8) carry out certification and exercise oversight of civil aviation aircraft operators, issue and revoke licences of an operator, as well as make amendments thereto;

9) carry out certification and exercise oversight of civil aviation aircraft technical servicing and airworthiness maintenance management organisations;

10) evaluate and exercise supervision of civil aviation aircraft airworthiness, including issue a licence on suitability of an aircraft for flights, airworthiness review licence and noise licence, as well as approve the technical servicing programme for the aircraft;

11) carry out certification and exercise oversight of aeronautical service providers, as well as draw up a plan for improving the operation of aeronautical service providers;

111) exercise oversight of air traffic management;

12) certify civil aviation personnel training organisations, approve training programmes, instructors and examiners, as well as exercise oversight of their activities;

13) carry out certification of civil aviation aerodromes, exercise oversight of the creation, designing and operation thereof;

14) evaluate the hazardousness of objects causing potential hazard to aircraft flights, issue permits for construction, installation and placement of such objects;

15) request information necessary for the fulfilment of its functions from legal persons and natural persons who activity is related to the use of the airspace of the Republic of Latvia or the operation of civil aviation facilities;

16) prepare laws and regulations governing civil aviation operations;

17) co-operate with the authorised aviation authorities of governments of other states in the field of the use of the airspace of the Republic of Latvia and State oversight of civil aviation operations, and aircraft search and rescue;

18) co-operate with the authorised aviation authorities of governments of other countries in the establishment and oversight of functional airspace blocks;

19) ensure investigation of incidents in cases when such investigations are not performed by the Transport Accident and Incident Investigation Bureau in accordance with Paragraph three, Clause 1 of this Section.

The Transport Accident and Incident Investigation Bureau shall:

1) investigate civil aviation accidents, serious incidents and, if it is necessary for the improvement of flight safety, also incidents without determining fault and responsibility of a person;

2) develop safety recommendations for the prevention of the causes of civil aviation accidents, serious incidents and incidents in the further operations of civil aviation and control the compliance with such flight safety recommendations;

3) notify the Ministry of Transport of any civil aviation accidents, serious incidents and incidents that have occurred in the territory of the Republic of Latvia and in other countries;

4) notify the bodies referred to in Article 9(2) of Regulation No 996/2010 of any civil aviation accidents, serious incidents and incidents that have occurred in the territory of the Republic of Latvia.

An employee of the Aviation Department, Civil Aviation Agency and Transport Accident and Incident Investigation Bureau has the right to enter, without hindrance, all civil aviation objects situated within the territory of the Republic of Latvia for the performance of his or her official duties.

The Civil Aviation Agency may issue administrative acts regarding application of prohibitions or restrictions to the operations related to certification of civil aviation personnel and civil aviation personnel training organisations, use of the airspace of the Republic of Latvia or operating of civil aviation aircraft, aerodromes and other civil aviation objects and devices in order to ensure the implementation of the civil aviation safety and aircraft flight safety requirements laid down in the legislation of the European Union. The administrative acts of the Civil Aviation Agency shall be appealed in a court without disputation in a higher institution. Appeal of the administrative act shall not suspend its operation.

The Civil Aviation Agency in accordance with the procedures laid down in the State Administration Structure Law may delegate the oversight of descent of parachutists, operating of ultralight aircraft, certification pilots of ultralight aircraft and technical maintenance personnel and registration of moto-paragliders and moto-deltagliders to a private person with an agreement.

State Border Guard:

1) shall verify the documentation necessary for the performances of general aviation aircraft flights and the conformity of civil aviation aircrew with the performance of flights;

2) shall examine cases of administrative violations in accordance with the procedures laid down in law and within the competence thereof regarding violations in the field of civil aviation, and impose administrative sanctions.

[22 October 1998; 12 June 2003; 22 June 2005; 15 December 2005; 11 May 2006; 29 March 2007; 16 July 2009; 9 June 2011; 21 March 2013; 2 October 2014; 23 November 2017; 11 October 2018]

Section 6.1 Inspector of the Civil Aviation Agency

An inspector of the Civil Aviation Agency is a person who exercises the oversight functions laid down in Sectio 6, Paragraph two of this Law in the name of the Civil Aviation Agency.

An inspector of the Civil Aviation Agency shall present an inspector's certificate when performing official duties.

Sample certificate of an inspector of the Civil Aviation Agency shall be approved by the Cabinet.

A background check of a candidate for the inspector and of the inspector of the Civil Aviation Agency shall be verified in conformity with the requirements laid down in Section 57.1 of this Law.

[21 March 2013; 23 November 2017]

Section 6.2 Rights of an Inspector of the Civil Aviation Agency

An inspector of the Civil Aviation Agency has the right:

1) to inspect, without hindrance, any territory, object or facility which is related to the civil aviation activity or which may affect the aircraft flight safety or civil aviation safety;

2) to request that a permit, licence, certificate and other documents are presented, which give the person the right to carry out activities related to civil aviation in accordance with international legal acts and laws and regulations of the Republic of Latvia, as well as, if necessary, to request copies of such documents;

3) to draw up an administrative violation report and to take a decision, within his or her competence, to impose a legal duty;

4) to prohibit to operate any civil aviation object, if it has been established during inspection that it does not conform to the technical condition determined in legal acts of the European Union or laws and regulations of the Republic of Latvia and may cause threats to the aircraft flight safety or civil aviation safety;

5) to request that a civil aviation aircrew member, air traffic controller, air traffic information service operator and member of the aircraft technical maintenance personnel present a document certifying qualification and a medical certificate, if such is required;

6) to prohibit a civil aviation aircrew member, air traffic controller, air traffic information service operator and member of the aircraft technical maintenance personnel to fulfil his or her functions, if it is established that he or she does not have a valid rating or valid medical certificate, as well as if there is justified suspicion that the person is unable to fulfil his or her functions due to illness, fatigue or other circumstances, or if there is justified suspicion that the person is under the influence of alcoholic, narcotic, psychotropic or other intoxicating substances;

7) to prohibit a civil aviation aircrew member, air traffic controller, air traffic information service operator and member of the aircraft technical maintenance personnel to fulfil his or her functions, if the relevant person refuses to undergo a check which is necessary in order to determine alcohol concentration in exhaled air and establish whether he or she has used alcohol.

An inspector of the Civil Aviation Agency has the right to check the civil aviation personnel in accordance with the procedures stipulated by the Cabinet in order to establish whether it has used alcohol, narcotic, psychotropic or other intoxicating substances.

[21 March 2013]

Chapter Three
Aircraft

Section 7. Aircraft Registered in the Civil Aviation Aircraft Register of the Republic of Latvia

Civil aviation aircraft owned or used by State authorities, local governments, associations, foundations, merchants, citizens of the Republic of Latvia, or member states of the European Economic Area or Swiss Confederation, as well as non-citizens of the Republic of Latvia and foreigners who have a long-term residence permit in Latvia shall be registered in the Civil Aviation Aircraft Register of the Republic of Latvia.

[23 November 2017]

A mortgaged aircraft shall be registered in the Civil Aviation Aircraft Register of the Republic of Latvia, and amendments shall be made in the registration data only with the written consent of the creditor (creditors).

Aircraft conforming to the requirements laid down in this Section shall be registered in the Civil Aviation Aircraft Register of the Republic of Latvia in compliance with the provisions laid down in Section 9, Paragraph one of this Law.

[30 October 1997; 22 June 2005; 15 December 2005; 11 May 2006; 23 November 2017]

Section 8. Aircraft to be Registered in the Annex to the Civil Aviation Aircraft Register of the Republic of Latvia

[11 May 2006]

Section 9. Conditions and Procedures for Aircraft Registration

An aircraft shall be registered in the Civil Aviation Aircraft Register of the Republic of Latvia if:

1) a written application of the owner of an aircraft has been submitted to the Civil Aviation Agency;

2) an aircraft is deleted from the register of another state or has not been registered;

3) there is a document which confirms that an aircraft has been assembled and built in compliance with the norms which determine the airworthiness of the aircraft (an aircraft type licence, a certificate issued by another state regarding the airworthiness of an aircraft or an export licence, an opinion of a competent commission regarding the airworthiness of an aircraft constructed by amateurs, etc.);

4) the aircraft conforms to the airworthiness and environmental protection requirements laid down in the legal acts of the Republic of Latvia, or the airworthiness and environmental protection requirements laid down in the legal acts of the European Union.

The Cabinet shall determine the procedures for the registration of civil aviation aircraft.

[15 December 2005; 11 May 2006; 23 November 2017]

Section 9.1 Liability of an Aircraft Owner and Operator

An aircraft owner and operator are prohibited to transfer an aircraft for the performance of flights to a person who does not have a licence of a civil aviation flight crew member with a corresponding endorsement and who is not insured in accordance with Section 111 of this Law.

[21 March 2013]

Section 10. Aircraft Registration Certificate

After registration of an aircraft in the Civil Aviation Aircraft Register of the Republic of Latvia, the Civil Aviation Agency shall issue an aircraft registration certificate.

[29 March 2007]

If an aircraft registration certificate has been lost or become invalid, the Civil Aviation Agency may issue a duplicate thereof.

If an owner of an aircraft registered in the Civil Aviation Aircraft Register has changed or an aircraft has been deleted from the referred to Register, the aircraft registration certificate must be handed over to the Civil Aviation Agency.

[15 December 2005; 26 October 2006; 29 March 2007]

Section 11. Nationality Mark and Registration Mark

An aircraft registered in the Civil Aviation Aircraft Register of the Republic of Latvia shall be assigned a nationality mark and a registration mark.

A nationality mark and registration mark shall be presented on an aircraft in accordance with the procedures stipulated by the Cabinet.

An airline's emblem and other symbols registered with the Civil Aviation Agency may be displayed upon an aircraft.

[15 December 2005; 29 March 2007]

Section 12. Compulsory Notification regarding Changes in Information provided to the Civil Aviation Aircraft Register of the Republic of Latvia

An owner of an aircraft registered in the Civil Aviation Aircraft Register of the Republic of Latvia has a duty to notify the Civil Aviation Agency regarding the right of a creditor (creditors) or changes in the ownership of the registered aircraft, as well as regarding any other changes in the information provided to the Civil Aviation Aircraft Register of the Republic of Latvia not later than within a time period of five days from the moment when the changes referred to in this Section have occurred.

A person who operates an aircraft registered in the Civil Aviation Aircraft Register of the Republic of Latvia on the basis of a rental agreement entered into with foreign legal or natural persons must comply with the requirements laid down in Paragraph one of this Section, and the person must notify regarding any amendments to the aircraft leasing agreement.

[15 December 2005; 29 March 2007]

Section 13. Deletion of Aircraft from the Civil Aviation Aircraft Register of the Republic of Latvia

An aircraft shall be deleted from the Civil Aviation Aircraft Register of the Republic of Latvia:

1) upon the request of the owner of an aircraft;

2) if the ownership or exploitation rights to an aircraft do not comply with the provisions laid down in Section 7 of this Law;

3) if an aircraft is registered in the Military Aviation Aircraft Register of the Republic of Latvia;

4) if during the last 10 years a licence of the airworthiness of aircraft issued by another country has not been issued, extended or declared valid in the territory of the Republic of Latvia and if the owner of an aircraft has not proved within a time period laid down by the Cabinet that the aircraft is airworthy;

5) if an aircraft has suffered an accident and the search therefor has been suspended in accordance with the provisions laid down in Section 69 of this Law.

A mortgaged aircraft shall be deleted from the Civil Aviation Aircraft Register of the Republic of Latvia only with the written consent of the creditor (creditors).

The procedures for deleting civil aviation aircraft from the Civil Aviation Aircraft Register of the Republic of Latvia shall be laid down by the Cabinet.

[15 December 2005; 26 October 2006; 29 March 2007; 23 November 2017]

Section 13.1 Co-operation Agreement on the Oversight of Aircraft Operation

The Civil Aviation Agency, in accordance with Article 83 bis of the Convention on International Civil Aviation of 7 December 1944, may enter into a co-operation agreement with the authority exercising oversight of civil aviation of other countries regarding the oversight of aircraft operation.

[21 March 2013]

Section 14. Flight Permit

Flights in the airspace of the Republic of Latvia shall be permitted for an aircraft:

1) which has been registered in the Civil Aviation Aircraft Register of the Republic of Latvia, the Military Aviation Aircraft Register of the Republic of Latvia or in the register of another state and which bears a national mark and a registration mark conforming to the regulations of the country of registration;

2) which has a valid licence of the airworthiness of aircraft issued by the country of registration of the aircraft in conformity with the requirements laid down in Annex 8, Airworthiness of Aircraft, to the Convention on International Civil Aviation of 7 December 1944.

Flights with an aircraft which is not registered in the registers determined in Paragraph one of this Section or which does not bear a national mark and a registration mark conforming to the regulations of the country of registration shall be carried out with a permit of the Civil Aviation Agency upon coordination with the Ministry of Defence of the Republic of Latvia.

Flights with an aircraft which does not have the licence referred to in Paragraph one, Clause 2 of this Section shall only be performed with a permit of the Civil Aviation Agency.

Paragraph three of this Section shall not be applicable to industrially built historical aircraft registered in a member state of the European Civil Aviation Conference (ECAC) which comply with the requirements of point (a)(i) of Annex II to Regulation (EC) No 216/2008 of the European Parliament and of the Council of 20 February 2008 on common rules in the field of civil aviation and establishing a European Aviation Safety Agency, and repealing Council Directive 91/670/EEC, Regulation (EC) No 1592/2002 and Directive 2004/36/EC (hereinafter - Regulation No 216/2008), the maximum take off weight of which is less than 5700 kilograms and which are used for non-commercial flights if:

1) the licence referred to in Paragraph one, Clause 2 of this Section has been issued previously;

2) there is a valid licence of the airworthiness of aircraft or a flight permit issued in accordance with the regulations of the country of registration.

[23 November 2017]

Section 15. Norms determining Aircraft Airworthiness

[15 December 2005]

Section 16. Recognition of Aircraft Airworthiness

The Cabinet shall determine the criteria and procedures by which an aircraft shall be recognised as airworthy and by which a licence of aircraft airworthiness shall be issued or extended.

[15 December 2005]

Section 17. Aircraft Airworthiness Licence

[15 December 2005]

Section 18. Declaration of Validity of Licences of Aircraft Airworthiness issued in Foreign States

[15 December 2002]

The Civil Aviation Agency may verify the airworthiness of an aircraft registered in any other state if:

1) there are doubts regarding the airworthiness of the aircraft;

2) the owner or operator of the aircraft so requests;

3) the Civil Aviation Agency of the state of registry of the aircraft or another authorised institution thereof so requires.

[15 December 2005]

Section 19. Revoking of Licences of Aircraft Airworthiness

A licence of aircraft airworthiness is not valid in the territory of the Republic of Latvia if:

1) the term of validity of the licence has expired;

2) an aircraft has sustained damage due to which it does not confirm to the norms applicable in the Republic of Latvia, which define the airworthiness of aircraft;

3) an aircraft is not being operated or the servicing (repair) thereof is not being performed in accordance with the procedures stipulated by the Cabinet;

4) the aircraft type licence, which determines the airworthiness of aircraft of such type has been revoked.

A licence of the airworthiness of aircraft is recognised to be invalid if:

1) the Civil Aviation Agency upon examination of the aircraft airworthiness or otherwise determines that it is not airworthy;

2) changes have occurred in the ownership of the aircraft;

3) the licence has been lost or has become invalid for use.

In the case provided for in Paragraph two, Clause 1 of this Section a licence shall be revoked until the aircraft has been recognised as airworthy in accordance with the provisions laid down in Section 16 of this Law.

A certificate of the airworthiness of aircraft which has been recognised to be invalid shall be handed over to the Civil Aviation Agency.

[15 December 2005; 23 November 2017]

Section 20. Licence for the Conformity of Aircraft to Environmental Protection Requirements

[15 December 2005]

Section 21. Duty to Maintain Aircraft in Conformity with Requirements of Norms determining the Airworthiness of Aircraft

[15 December 2005]

Section 22. Right to Construct Aircraft and Perform the Servicing (Repair) Thereof

The construction and rebuilding an aircraft, manufacture individual parts, devices and accessories of an aircraft and the servicing (repair) of an aircraft shall be performed according to the procedures stipulated by the Cabinet.

The provisions laid down in Paragraph one of this Section shall not apply to the building, or reconstruction of an aircraft of non-industrial (amateur) construction and the design and manufacture of individual parts, devices and accessories thereof. The airworthiness of such aircraft shall be determined in accordance with the provisions laid down in Section 16 of this Law, but the servicing (repair) thereof shall be performed by persons who have received the relevant permit from the Civil Aviation Agency.

[22 October 1998; 15 December 2005]

Chapter Four
Aerodromes and Airways

Section 23. Establishment of an Aerodrome

The Cabinet shall determine the procedures for the establishment of a civil aviation aerodrome.

[11 May 2006; 26 October 2006]

Section 23.1 Civil Aviation Aerodrome of the State Significance

Civil aviation aerodrome of the State significance may be a property of the State, local government or also of a private person. The status of civil aviation aerodrome of the State significance shall be granted by the Cabinet.

The borders of the territory of a civil aviation aerodrome of the State significance (also the territory necessary for further development) and planned (permitted) use of the territory shall be determined by the Cabinet. A local government, when developing territorial plans and amendments thereof, shall depict therein the determined borders of the territory of a civil aviation aerodrome of the State significance and the planned (permitted) use of the territory determined by the Cabinet.

If an owner alienates an immovable property which is included within the borders of the territory of a civil aviation aerodrome of the State significance (also the territory necessary for further development) and the civil aviation aerodrome is owned by:

1) a capital company in which the State has a decisive influence - the State has the right of first refusal;

2) a capital company in which a local government has a decisive influence - such local government has the right of first refusal.

The Cabinet shall determine the procedures by which the State and local government use the right of first refusal in the territory of a civil aviation aerodrome of the State significance (also the territory necessary for further development).

[13 March 2008; 30 September 2010; 9 June 2011]

Section 24. Civil Aviation Aerodrome and Airway Operation Conditions

It is only allowed to use a civil aviation aerodrome from which air transport, international flights or night flights are performed if it complies with the requirements laid down by the Cabinet and if a certificate of fitness of the civil aviation aerodrome for operation has been issued.

The Cabinet shall determine the procedures for the operation of a civil aviation aerodrome.

[15 December 2005; 26 October 2006; 23 November 2017]

Section 24.1 Restrictions Determined for the Operation of Aircraft at Civil Aviation Aerodromes

The Cabinet shall determine restrictions on the operation of aircraft at civil aviation aerodromes in conformity with the requirements of environmental protection.

[15 December 2005; 26 October 2006]

Section 25. Civil Aviation Aerodrome Fitness for Service Certificate

A civil aviation aerodrome fitness for service certificate shall be issued and extended according to the procedures stipulated by the Cabinet.

A civil aviation aerodrome fitness for service certificate is not valid if the term of validity of such certificate has expired or the procedures for civil aviation aerodrome operation stipulated by the Cabinet have been violated.

[15 December 2005]

[15 December 2005; 26 October 2006; 29 March 2007]

Section 26. Marking of Aerodromes

[15 December 2005]

Section 27. Requirements to be Complied with by a Civil Aviation Aerodrome from which Air Transport is Performed

A civil aviation aerodrome from which air transport is performed must include buildings and other objects in order to ensure the performance of the operations related to the air transport of passengers, baggage, cargo and mail and the provision of other services in conformity with the standards laid down in the Republic of Latvia.

The relevant equipment and systems, and specially trained personnel must be present at the civil aviation aerodrome referred to in Paragraph one of this Section in order to prevent unlawful acts of interference in civil aviation operations and ensure performance of the measures for the maintenance of civil aviation security provided for in Section 57, Paragraph one of this Law in conformity with the standards and recommendations developed by the International Civil Aviation Organisation (ICAO).

A complex of measures must additionally be taken in a civil aviation aerodrome from which international flights are performed in order to ensure sanitary, quarantine, customs and border (passport) and other control of aircraft, crews and passengers thereof arriving or departing the Republic of Latvia, as well as of property imported into the Republic of Latvia and to be exported therefrom by aircraft in conformity with the requirements of laws and regulations of the Republic of Latvia and the requirements of such international agreements to which the Republic of Latvia is a party.

The Cabinet shall determine procedures by which the access to the market of services provided by the aerodrome at the airports of the Republic of Latvia is granted.

The Cabinet shall be determine civil aviation aerodromes where the measures for the maintenance of civil aviation security are financed from the funds intended for such purpose in the State budget.

[16 September 2004; 11 May 2006; 26 October 2006; 13 March 2008; 1 December 2009; 23 November 2017]

Section 27.1 Charge for Passenger Departure

[16 July 2009]

Section 27.2 Imposition of Commitments of Provision of Services of Public Significance on a Civil Aviation Aerodrome of the National Significance

Commitments of provision of services of public significance are directly related to main activity of an aerodrome and shall include:

1) the construction of the infrastructure structures (runway, terminal, access road to runway, platform, traffic management tower, including purchase of necessary land plot and ensuring of aerodrome equipment which includes also equipment necessary for the provision of direct assistance;

2) operation of the infrastructure which includes management and maintenance of the aerodrome;

3) provision of additional services of the aerodrome (use of the infrastructure of the aerodrome, fire-fighting, first aid, security and other additional services of the aerodrome).

In order to determine the regularity of amounts and flights of regular air transport or ensure performance of the functions of public significance, such as search and rescue, provision of CIMIC support and performance of other functions, the State or local government may impose an obligation on civil aviation aerodromes of the national significance to fulfil the commitments of provision of services of public significance referred to in Paragraph one of this Section, and they are entitled to compensate for the costs of a civil aviation aerodrome of the national significance incurred by it when fulfilling the imposed commitments of provision of services of public significance. When determining the amount of the compensation, the income which a provider of service has received for the implementation of the service shall be taken into account.

The Cabinet shall lay down the procedures for imposing commitments of provision of services of public significance on a civil aviation aerodrome of the national significance, and the procedures for determining and covering the compensation for costs incurred by a civil aviation airport of the national significance when fulfilling the commitments of provision of services of public significance.

[9 June 2011; 2 October 2014]

Section 28. Charge for Use of Air Navigation Services and Services Provided on Civil Aviation Aerodrome

The Cabinet shall determine the procedures for the determination and collection of the charge for air navigation services of the State stock company Latvijas gaisa satiksme [Latvian Air Traffic], as well as exemptions from charges for air navigation services. The Cabinet shall determine the procedures by which military aviation aircraft shall be exempted from charges for air navigation services.

The Cabinet shall determine the procedures for distribution of the charge for air navigation services collected by the State stock company Latvijas gaisa satiksme.

The Cabinet shall determine charge for the following services provided on the civil aviation aerodrome of the State significance, as well as the procedures for collection and use thereof, determining the services which have been included in the relevant charge and exemptions therefrom:

1) charge for taking-off and landing of aircraft;

2) charge for staying of an aircraft in the operative parking place for aircraft for a time during which service of the aircraft is carried out before or after a flight;

3) passenger service charge;

4) charge for security and rescue measures, including charge for guaranteeing of safety of aircraft flights and maintenance of civil aviation security.

Charge for the services included in Paragraph three of this Section shall be determined by a provider of the relevant service.

Charge for the services provided on a civil aviation aerodrome of the State significance owned by local government and procedures for the distribution thereof shall be determined by the relevant local government.

The Cabinet shall be determined the procedures by which the charge for the services provided by the aerodrome shall be determined and changed in respect of the aerodromes where the number of passengers serviced during a year does not exceed five million, or, if there are no such, in respect of the aerodrome with the largest number of passengers in the country.

[9 June 2011; 11 October 2018]

Section 29. Procedures by which Military Aviation Aircraft use a Civil Aviation Aerodrome and Procedures by which Civil Aviation Aircraft use a Military Aerodrome

The Cabinet shall determine the procedures by which the military aviation aircraft use a civil aviation aerodrome and the procedures by which civil aviation aircraft use a military aviation aerodrome.

[11 October 2018]

Section 29.1 Procedures by Which State Aircraft Use a Civil Aviation Aerodrome

The Cabinet shall lay down the procedures by which State aircraft use a civil aviation aerodrome.

[23 November 2017]

Chapter Five
Civil Aviation Personnel

Section 30. Requirements to be met for Civil Aviation Personnel

Civil aviation personnel must be specially trained and with the qualification and experience corresponding to the performance of the functions thereof, but the medical fitness of civil aviation personnel of individual categories must conform to the laid down requirements.

The Cabinet shall determine the requirements to be met for civil aviation personnel.

The Cabinet shall determine the procedures for the organisation and observance of working and rest time for the aircrew.

[15 December 2005; 13 March 2008; 21 March 2013]

Section 30.1 Assessment of the Medical Fitness of Civil Aviation Personnel

The medical fitness of civil aviation personnel and persons applying for the receipt of the civil aviation personnel certificate must comply with the determined requirements.

Civil aviation personnel shall undergo a medical examination at a medical treatment institution or at the aero-medical examiner, and receive a medical certificate in accordance with the procedures stipulated by the Cabinet.

Aero-medical centres and aero-medical examiner shall be certified by the Civil Aviation Agency in accordance with the procedures stipulated by the Cabinet.

[16 July 2009]

Section 31. Training of Civil Aviation Personnel

The Civil Aviation Agency shall exercise State oversight of training, conversion training and raising of qualification of civil aviation personnel.

The Civil Aviation Agency shall approve the training programmes in special aviation disciplines.

Natural persons and legal persons and institutions, which have been certified in accordance with the procedures stipulated by the Cabinet have the right to conduct training or conversion training, and also raise the qualification of civil aviation personnel.

[15 December 2005; 21 March 2013; 23 November 2017]

Section 31.1 Covering of Expenditures for Vocational Training and Raising the Qualification

A civil aviation aircrew member (employee), a certified aircraft technical maintenance specialist (employee) and a carrier by air (employer) or a recruitment service provider which is engaged in pilot lease (employer), as well as an air traffic controller (employee), an air traffic information service operator (employee), and an air navigation service provider (employer) are entitled to enter into an agreement regarding repayment of the expenditures to the employer which are related to vocational training or raising of the qualification, provided that duration of the agreement does not exceed five years and employment relationship is terminated in accordance with Section 100 or Section 101, Paragraph one, Clauses 1, 2, 3, 4 and 5 of the Labour Law.

[23 November 2017]

Section 31.2 Performance of Training Flights and Skill Tests/Proficiency Checks

In order to obtain a licence of a civil aviation flight crew member, the specific endorsement, to extend the term of validity of the certificate or to renew the licence, a person shall perform training flights and skill test/proficiency check according to a training programme or test programme approved by the Civil Aviation Agency.

A flight instructor or flight examiner shall be responsible for compliance with the provisions for operation of an aircraft and for flight safety during training flights and skill tests/proficiency checks.

[21 March 2013]

Section 32. Civil Aviation Personnel Licence

According to his or her speciality, level of confidence and experience, a member of the civil aviation personnel shall be issued with an appropriate licence of the civil aviation personnel and granted a qualification, which shall be certified by making the appropriate endorsement in the licence of the civil aviation personnel.

A licence issued to a member of the civil aviation personnel may be declared invalid if it is established that the person to whom the licence has been issued does not comply with specific requirements. Such licence must be handed over to the Civil Aviation Agency.

The Cabinet shall determine the procedures by which the Civil Aviation Agency shall recognise the civil aviation personnel licence issued in another state as valid in the territory of the Republic of Latvia.

The Cabinet shall determine the procedures by which the civil aviation personnel licence shall be issued or extended.

[21 March 2013; 23 November 2017]

Section 33. Duties of the Civil Aviation Personnel

While performing their functions the civil aviation personnel must comply with the requirements of national laws and regulations, international agreements binding on the Republic of Latvia and regulatory enactments of the European Union.

[15 December 2005; 21 March 2013]

Section 34. Prohibition for the Civil Aviation Personnel to Perform Its Functions

A member of the civil aviation personnel is prohibited from performing his or her functions if he or she:

1) cannot present a respective licence of the civil aviation personnel or it does not contain the specific endorsement which allows the performance of such functions, or conformity of the member of the civil aviation personnel with the relevant qualification has not been verified within the specified time period;

2) is ill, fatigued or not able to perform his or her functions due to other circumstances, guaranteeing the aircraft flight safety and civil aviation safety;

3) is under the influence of alcoholic substances and alcohol concentration in blood exceeds 0.2 promilles;

4) is under the influence of narcotic, psychotropic or other intoxicating substances.

A member of the civil aviation personnel, upon performing his or her functions, upon request of an inspector of the Civil Aviation Agency has a duty to present the civil aviation personnel licence and medical certificate, if such is necessary.

If a member of the civil aviation personnel performs his or her functions without complying with the requirements of Paragraph one, Clause 2 of this Section, an inspector of the Civil Aviation Agency may take a decision to prohibit the relevant member of the civil aviation personnel from performance of his or her functions for a specific time period until the established circumstances are eliminated.

If a member of the civil aviation personnel fulfils his or her functions without complying with the requirements of Paragraph one, Clause 1, 3 or 4 of this Section, the Civil Aviation Agency may take a decision to revoke the civil aviation personnel licence issued to him or her for a time period up to five years.

[21 March 2013]

Section 35. Flight Crew

[15 December 2005]

Section 36. Pilot-in-Command

The work of a civil aviation aircrew shall be managed by a pilot-in-command. If a civil aviation aircrew includes only one pilot, he or she is also the pilot-in-command.

If the pilot-in-command is not able to perform his or her duties during a flight due to his or her medical fitness, the right of the pilot-in-command shall be taken over and a co-pilot shall perform his or her duties.

[21 March 2013]

Section 37. Duties of a Pilot-in-Command

A pilot-in-command has a duty:

1) to manage the work of a civil aviation aircrew so that the aircraft flight safety is ensured and the provisions of this Law and other laws of the Republic of Latvia, as well as the requirements of by-laws, instructions and other laws and regulations are observed;

2) to take measures in order to prevent danger, which threatens the aircraft controlled by him or her, or to rescue passengers, injured crewmembers, the aircraft, its documentation and property thereon, as well as to provide medical assistance to the injured if the aircraft has suffered an aviation accident;

3) to transmit distress signals received from another aircraft, seagoing or internal (river) vessel immediately to an air traffic control service controller, as well as to notify if any maritime accidents, natural disasters, or persons in danger are detected, to mark the grid reference thereof and to provide any assistance that may be offered without hazard to the piloted aircraft, crew and passengers;

4) to notify immediately the Civil Aviation Agency regarding cases when the right established in Section 38, Clause 3 of this Law has been exercised.

[15 December 2005; 21 March 2013]

Section 38. Rights of a Pilot-in-Command

In order to perform the duties of the pilot-in-command provided for in Section 37 of this Law, the pilot-in-command has the right:

1) to take a final decision on take-off of an aircraft, the continuation of the flight or landing thereof at the intended destination of the flight or on an alternate aerodrome;

2) to suspend temporarily the departure of an aircraft or to abort a flight if the technical readiness of the aircraft, the organisation of the flight or meteorological conditions do not ensure the aircraft flight safety;

3) in cases where aircraft flight safety is obviously endangered or also in order to save the life of persons in the aircraft, to take the following decisions:

a) to continue a flight by way of derogation from the flight plan and the instructions of an air traffic control service controller, but as far as possible in accordance with the flight regulations and informing the air traffic control service controller thereof,

b) to continue a flight or landing in meteorological conditions worse than those established by the laid down meteorological minimum requirements;

c) on suspension and forced landing of a flight;

4) in the interests of aircraft flight safety within his or her competence to give instructions to any person in the aircraft, which shall be mandatory to follow, and to apply all necessary means in order to suspend the action of any person who is obviously endangering the aircraft flight safety, and after the landing of the aircraft to take such person to the competent authorities, as well as to request the assistance of passengers to ensure that the person referred to in this Paragraph follows the instructions given to him or her;

5) if necessary, to organise an inspection of the passengers, as well as the property and baggage on their person during an aircraft flight.

A pilot-in-command of a foreign aircraft has the rights established in this Section, unless it is otherwise provided for in laws and regulations of the country responsible for the airworthiness of the aircraft.

[21 March 2013; 23 November 2017]

Chapter Six
Procedures for the Use of the Airspace of the Republic of Latvia and the Performance of Flights

Section 39. Management of the Airspace of the Republic of Latvia

In order to organise the activities referred to in Section 40 of this Law and to provide the management of the airspace, the structure of the airspace of the Republic of Latvia shall be established which complies with the principles of flexible use of the airspace determined in the legislation of the European Union.

The Cabinet shall determine:

1) the structure of the airspace of the Republic of Latvia and the procedures for change thereof;

2) the procedures for the management of the airspace of the Republic of Latvia.

The Civil Aviation Agency shall determine the acceptable aircraft flight safety level in the Riga flight information district and regularly exercise oversight in relation to the conformity with the requirements laid down in this field, ensuring the conformity of the aircraft flight safety level with the requirements of international legal acts and laws and regulations of Latvia.

[16 July 2009; 21 March 2013]

Section 40. Activities Related to the Use of the Airspace of the Republic of Latvia

The following shall be regarded as activities related to the use of the airspace of the Republic of Latvia:

1) flights of aircraft;

2) any type of activity related to the rising, moving or landing of material objects within the airspace;

3) any firing of weapons that could endanger the safety of the flight of aircraft or other material objects;

4) work involving use of explosives, which may threaten the safety of the flight of aircraft and other material objects;

5) descent of parachutists.

The activities provided for in Paragraph one of this Section and other activities, which may cause a hazard to the safety of the flight of aircraft and other material objects, may be performed only after the receipt of a relevant permit. The procedures for the performance of such activities, as well as the procedures for the issuing of the relevant permit shall be determined by the Cabinet.

[15 December 2005]

The Cabinet shall determine the procedures by which an international public law subject shall be granted permission to use Latvian airspace for flights with foreign aircraft intended for the performance of public functions within the meaning of Article 3 of the 7 December 1944 Convention on International Civil Aviation.

[22 October 1998; 16 September 2004; 22 June 2005; 15 December 2005; 29 March 2007; 7 June 2007; 21 March 2013]

Section 41. Procedures for the Construction, Installation, Placement and Designation of Potentially Hazardous Objects to Aircraft Flights

In addition to the fulfilment of the requirements of other regulatory enactments a person shall receive a Civil Aviation Agency permit to construct, install and place the following potentially hazardous objects to the safety of civil aviation flights:

1) which are explosive and which are radiators of visible laser-beams;

2) which could cause interference in the operation of radio equipment necessary to ensure the flight of an aircraft;

3) the height of which above the surface at the location thereof exceeds 100 metres or more and which shall not be located at the places referred to in Clauses 4 and 5 of this Paragraph;

4) the absolute height of which exceeds the absolute height of the aerodrome reference point by 30 metres and more - within a radius of 5 kilometres therefrom - or reaches or exceeds any aerodrome obstacle restriction surface;

5) which irrespective of the height thereof are located within aircraft take-off and landing sectors - at a distance of two kilometres from the nearest runway threshold (a permit shall be obtained also if trees are planted in such places);

6) which reduce or may reduce visibility in the aircraft take-off and landing sectors;

7) any source of light, which is not used for air navigation if it is located in the aircraft take-off and landing sectors and may endanger the flight safety of aircraft - within a distance of five kilometres of the nearest runway threshold;

8) which facilitate or may facilitate the mass presence of birds (permanent feeding sources and nesting places) - within a radius of 15 kilometres from the aerodrome reference point.

In cases where in conformity with regulatory enactments it is necessary to co-ordinate with local governments the construction, installation or placement of objects, the Civil Aviation Agency permit to construct, install and place potentially hazardous objects to the safety of civil aviation flights shall be requested by the relevant local government. In all other cases, the owner or user of the object shall request the Civil Aviation Agency permit.

The procedures by which a Civil Aviation Agency permit to construct, install and place potentially hazardous objects to the safety of civil aviation flights shall be requested and received shall be determined by the Cabinet.

The Cabinet shall determine the procedures by which the hazardous objects to the safety of aircraft flights shall be registered.

Persons who have constructed, installed or placed the objects referred to in Paragraph one of this Section in the territory of the Republic of Latvia, violating the norms of this Law and the procedures stipulated by the Cabinet, in accordance with the time period determined in a decision of the relevant local government, shall demolish, modify or move them to another place at their own expense, but in relation to the objects referred to in Paragraph one, Clauses 1, 2, 6, 7 and 8 of this Section, shall without delay suspend activities, which endanger the safety of civil aviation flights. If the local government decision is not implemented within the specified time, the local government shall organise the demolition, modification or movement to another place of the object. All the expenses, which are associated with the referred to activities shall be covered by the owner of the object.

Owners of the objects and possessors, in accordance with the procedures stipulated by the Cabinet, shall mark and equip with protective lights objects the height of which above the surface at the location thereof exceeds 100 metres or more, as well as the objects referred to in Paragraph one, Clauses 4 and 5 of this Section.

The design, construction and development of towns and other populated areas, as well as the construction and rebuilding of industrial, agricultural and other objects in a territory adjacent to an aerodrome above which territory there is located the aerodrome traffic zone, shall be performed in compliance with the requirements of safety of aircraft flights, taking into account the possible harmful effect of aviation upon the health of persons and the environment.

It is prohibited in the vicinity of an aerodrome to place any signs, which are similar to aerodrome marking signs and installations and which may mislead aircrew during flight.

[11 May 2006; 26 October 2006; 29 March 2007; 21 March 2013]

Section 41.1 Provision of Information Regarding Potentially Dangerous Objects for Performance of Low Flights

Information regarding the issued building permits, termination of construction and putting into service of such buildings whose height above the relief of their location exceeds 60 meters, but does not exceed 100 meters, shall be received from the building information system in accordance with the procedures laid down in the laws and regulation governing the field of construction.

The State stock company "Electronic Communications" shall provide the information regarding electro magnetic radiation zones of high intensity and sources thereof in accordance with the procedures for preparation and distribution of air navigation information stipulated by the Cabinet.

[9 June 2011; 27 March 2014]

Section 42. Co-ordination of the Use of the Airspace of the Republic of Latvia and Aircraft Flight Control

Activities, which are related to the use of the airspace of the Republic of Latvia for civil and military needs shall be co-ordinated and aircraft flights shall be controlled by the State stock company Latvian Air Traffic, which is the air traffic service provider in the Republic of Latvia within the meaning of Regulation (EC) No 550/2004 of the European Parliament and of the Council of 10 March 2004 on the provision of air navigation services in the single European sky (the service provision Regulation). In specially established air traffic control districts and zones, air traffic control service controllers who are not State stock company Latvian Air Traffic controllers may control aircraft flights.

In their work, air traffic control service controllers and air traffic information service operators shall comply with the provisions of this Law and any laws and regulations issued pursuant thereof.

For the purpose of provision of air navigation services in the Republic of Latvia, communication, navigation and observation equipment located on the ground, as well as global navigation satellite systems shall be used. Equipment located on the ground shall be registered and equipment operational validity licences shall be issued by the Civil Aviation Agency.

The safety requirements and technical operation procedures of communication, navigation and observation equipment located on the ground necessary for the provision of air navigation services shall be determined by the Cabinet.

Aircraft flights in the airspace of the Republic of Latvia shall be controlled by appropriately trained and certified air traffic control service controllers, but air traffic information service operators shall be provided by air traffic information service operators. Certification and oversight of air traffic control service controllers and air traffic information service operators, as well as issue and recognition of the relevant licences shall be carried out and exercised by the Civil Aviation Agency.

The Cabinet shall determine:

1) the procedures by which providers of training for air traffic control service controllers and air traffic information service operators shall be licensed and supervised and by which controller-student, air traffic control service controller and air traffic information service operator licences shall be issued, suspended and revoked;

2) the procedures by which controller-student, air traffic control service controller and air traffic information service operator licences issued by the European Economic Area states shall be recognised in the Republic of Latvia;

3) the requirements for receipt and maintaining of the validity of the endorsement and attestations to be included in the air traffic control service controller and air traffic information service operator licence.

In an aerodrome where air traffic control has not been introduced, airspace structure elements may be established in which informative air traffic services for aircraft pilots shall be provided by air traffic information service operators.

[23 November 2017]

[21 March 2013; 23 November 2017]

Section 43. Air Traffic Control in Airspace outside the Territory of the Republic of Latvia

The State stock company Latvian Air Traffic, in conformity with the provisions of this Law and the special norms included in international agreements, shall perform the control of air traffic in airspace outside the territory of the Republic of Latvia, also above the open waters of the Baltic Sea adjacent to the territory of the Republic of Latvia if so established by international agreements to which the Republic of Latvia is a party.

[15 December 2005; 29 March 2007]

Section 44. Aircraft Flights

A pilot-in-command shall take a decision on the flight readiness of the aircraft and crew in accordance with the provisions laid down in Section 38, Clauses 1 and 2 of this Law.

[29 March 2007]

Sanitary, quarantine, customs, border (passport) and other types of control shall be applied to an aircraft, crew and passengers thereof who arrive in or depart from the Republic of Latvia, or to property imported into or exported from the Republic of Latvia by an aircraft in accordance with provisions of laws and regulations of the Republic of Latvia and provisions of such international agreements to which the Republic of Latvia is party.

The Cabinet of the Republic of Latvia, in accordance with the international agreements to which the Republic of Latvia is a party, shall determine the procedures by which aircraft involved in aviation rescue work and crews thereof shall arrive in and depart from the Republic of Latvia.

[15 December 2005; 26 October 2006; 29 March 2007; 23 November 2017]

Section 45. Flights above Populated Areas

Aircraft flights above populated areas must be performed at a height, which, if necessary, would guarantee a forced landing of the aircraft outside the territory of the populated area.

The Cabinet may determine the minimum altitudes of aircraft flights above individual populated areas.

Aircraft demonstration flights above populated areas shall be performed only with the permission of the Civil Aviation Agency.

[15 December 2005]

Section 46. Restrictions for Civil Aviation Aircraft Flights at Supersonic Speed

[15 December 2005]

Section 47. Flights of Unmanned Aircraft or Movement of Other Types of Airship

Flights of an unmanned aircraft or movements of other such type of airship, which are not classified as aircraft, if it is not in conflict with the public interest and does not endanger the safety of aircraft flight, shall be performed in the airspace of the Republic of Latvia in accordance with the procedures stipulated by the Cabinet.

[15 December 2005; 21 March 2013]

Section 47.1 Forced Suspension of Flights or Movement of Unmanned Aircraft and Other Type of Airships

In order to prevent harm to the interests of national defence, the Commander of the National Armed Forces or an authorised person thereof may take a decision on forced landing or destruction of unmanned aircraft, or forced landing or destruction of other type of airships which are not classified as aircraft by using firearms or special means if the relevant flight has been performed infringing the prohibition laid down in laws and regulations on flights above military sites or in the vicinity thereof, above warships, as well as in the prohibited areas of the airspace, temporary reserved areas and temporary segregated areas established for the needs of the National Armed Forces, or causing substantial threat to the persons safeguarding of which is ensured in accordance with Section 6.1, Paragraph two, Clauses 1, 2 and 3 of the National Armed Forces Law.

Forced landing or destruction of unmanned aircraft, or forced landing or destruction of other type of airships which are not classified as aircraft, as well as investigation of circumstances of the incident shall be performed by the National Armed Forces in cooperation with the competent public authorities in accordance with the procedures laid down by the Cabinet.

[9 June 2016]

Section 47.2 Forced Suspension of Flights or Movement of Unmanned Aircraft or Other Type of Airships above Objects of the Bank of Latvia or in the Vicinity Thereof

In order to prevent harm to the interests of State defence and national security, the Head of the Security Department of the Bank of Latvia or an authorised person thereof may take a decision on forced landing or destruction of unmanned aircraft, or forced landing or destruction of other type of airships which are not classified as aircraft by using firearms not affecting users of the airspace and primed with elements not intended to cause lethal consequences (for example, rubber bullets) or special means if the relevant flight has been performed infringing the procedures laid down in laws and regulations for performing flights above the objects of the Bank of Latvia which are used for storage of cash, or in the vicinity thereof.

Forced landing or destruction of unmanned aircraft, or forced landing or destruction of other type of airships which are not classified as aircraft shall be performed by the Security Department of the Bank of Latvia in accordance with the procedures laid down by the Council of the Bank of Latvia.

Investigation of circumstances of the incident related to forced landing or destruction of unmanned aircraft, or other type of airships which are not classified as aircraft shall be performed by the Security Department of the Bank of Latvia in cooperation with the competent State authorities in accordance with the procedures laid down by the Cabinet.

[23 November 2017]

Section 48. Restriction or Prohibitions on Aircraft Flights

In an emergency situation or during a state of emergency, or in the interests of public safety, the Cabinet of the Republic of Latvia may temporarily restrict or prohibit flights of aircraft in the entire airspace of the Republic of Latvia or any part thereof.

In the case of threat to the State, the Cabinet may take a decision on the transfer the functions and resources of the State stock company Latvian Air Traffic and the Civil Aviation Agency to the Latvian National Armed Forces. The procedures by which in the case of threat to the State, the functions and resources of the State stock company Latvian Air Traffic and the Civil Aviation Agency are transferred to the Latvian National Armed Forces, and the volume of such functions and resources shall be determined by the Cabinet.

[26 October 2006; 29 March 2007]

Section 49. Forced Landing of Aircraft in the Territory of the Republic of Latvia

If an aircraft has made an unauthorised flight into territory of the Republic of Latvia, the aircrew shall without delay perform all the necessary measures in order to restore the flight in accordance with the flight plan.

The Cabinet shall determine the circumstances and procedures by which in the interests of public order and security the forced landing of an aircraft may be requested.

[15 December 2005]

Section 49.1 Performance of Combat Operations against Aircraft in the Territory of the Republic of Latvia

In the case of absolute necessity in order to prevent harm to the interests of national security, and if there is a basis for considering that an aircraft is being used as a weapon for the destruction of people, the Minister for Defence shall take a decision on the performance or non-performance of combat operations against the aircraft in the territory of the Republic of Latvia. Combat operations may be performed only when it is the only possibility of preventing the harm referred to.

If the Minister for Defence is delayed in fulfilling his or her office, the Prime Minister shall take the decision on the performance or non-performance of combat operations against the aircraft in the territory of the Republic of Latvia.

The Cabinet shall determine the procedures by which a decision on the performance of combat operations against an aircraft in the territory of the Republic of Latvia is taken.

[28 April 2005]

Section 50. Ramp Inspection of Foreign Aircraft at Aerodromes in the Republic of Latvia

The Civil Aviation Agency shall perform ramp inspection of a foreign aircraft and shall restrict departure or prohibit departure from aerodromes in the Republic of Latvia according to the procedures stipulated by the Cabinet if a foreign civil aviation aircraft does not have the documentation necessary for international flights, which has been determined in the standards of the International Civil Aviation Organisation (ICAO) or international agreements regarding air traffic, if the pre-flight safety procedures laid down in binding international public law enactments have not been performed, if there is a reason to believe that the technical condition of the aircraft does not guarantee the aircraft flight safety, as well as if any of the crew members thereof do not have the appropriate personnel licence.

[11 May 2006; 21 March 2013]

Section 51. Delay of Departure of Aircraft, which have not Settled Certain Payments

The administration of a civil aviation aerodrome or the administration of the State stock company Latvian Air Traffic or an authorised person thereof may delay the departure of an aircraft until the settlement of the payments determined in Section 28 of this Law or the provision of guarantees regarding the settlement of such payments.

[15 December 2005; 29 March 2007]

Section 52. Procedures for the Use of Radio Communication Equipment

[15 December 2005]

Section 53. Aircraft Documentation

During a flight, the following documentation must be in an aircraft registered in the Civil Aviation Aircraft Register of the Republic of Latvia, if not laid down otherwise in legal acts of the European Union:

1) the aircraft registration certificate;

2) a certificate of aircraft airworthiness;

3) an airworthiness review certificate (if required for the relevant aircraft);

4) a permit to use an aircraft radio station;

5) a noise certificate (if required for the relevant aircraft);

6) a recording log on the technical state of the aircraft during flight;

7) aircraft operation instructions for the performance of flights;

8) an approved copy of an air operator certificate and documentation (copy) of the operation conditions issued in relation to such licence (for aircraft performing commercial activity);

9) a document certifying insurance of liability in relation to the third parties;

10) documentation regarding any passengers and cargo if passengers or cargo are present on the aircraft;

11) a journey log;

12) an agreement entered into in accordance with Article 83 bis of the Convention on International Civil Aviation of 7 December 1944 (if such agreement has been entered into);

13) other documents laid down in laws and regulations, which are required for the performance of flights of aircraft.

[15 December 2005]

An air operator has the right to determine other documentation, which must be present during aircraft flights in the aircraft to be operated.

[15 December 2005; 21 March 2013]

Section 54. Aeronautical Information

An aircrew must be provided with the aeronautical information necessary for the performance of aircraft flights.

The State stock company Latvian Air Traffic shall organise the provision of the aeronautical information necessary for the performance of flights in the airspace of the Republic of Latvia to all interested persons free of charge, in the cases determined in documents of the International Civil Aviation Organisation (ICAO), but in other cases on a contract basis.

The Cabinet shall determine the procedures for the preparation and distribution of aeronautical information.

[15 December 2005; 29 March 2007; 7 June 2007]

Section 55. Meteorological Information

The meteorology service provider shall ensure interested persons with the meteorological information necessary for the performance of aircraft flights for payment or free of charge in the cases and by the procedures stipulated by the Cabinet.

[11 May 2006]

Section 55.1 Meteorology Service Providers

The State stock company "Latvian Air Traffic" and the State limited liability company "Latvian Environment, Geology and Meteorology Centre" are the meteorology service providers in the Republic of Latvia within the meaning of Regulation (EC) No 550/2004 of the European Parliament and of the Council of 10 March 2004 on the provision of air navigation services in the single European sky (the Service Provision Regulation).

[29 March 2007; 21 March 2013; 23 November 2017]

Section 56. Meteorological Conditions for Performance of Flights

In order to guarantee the safety of civil aviation flight, depending on the radio aids and other conditions on an aerodrome, the type of the aircraft and qualification of the flight crew, the minimum meteorological conditions shall be determined under which it is permitted to perform flights - the meteorological minimum requirements.

The Cabinet shall determine the minimum meteorological conditions in which the aircraft of the military aviation of the Republic of Latvia shall conduct take-offs or landings upon civil aviation aerodromes.

The Cabinet shall determine the procedures for application of the meteorological minimum requirements.

[15 December 2005; 26 October 2006; 21 March 2013]

Chapter Seven
Civil Aviation Security

Section 57. Essentials of the Maintenance of Civil Aviation Security

The Cabinet shall approve the National Civil Aviation Security Programme in which in accordance with Regulation (EC) No 300/2008 of the European Parliament and of the Council of 11 March 2008 on common rules in the field of civil aviation security and repealing Regulation (EC) No 2320/2002 the measures to be taken for the maintenance of civil aviation security are determined.

The Civil Aviation Agency shall be the responsible authority for the implementation, co-ordination and oversight of the aviation security programme. The administrative acts of the Civil Aviation Agency, which are issued in the implementation of European Community security requirements, shall be appealed in a court without disputation in a higher institution. The appeal of such administrative acts shall not suspend the operation thereof.

Issues of civil aviation security policy and the co-ordination of interinstitutional activities shall be ensured by a collegial decision-making body - the National Civil Aviation Security Commission. The Cabinet shall approve the by-laws of the National Civil Aviation Security Commission and determine the composition thereof.

The Civil Aviation Agency in accordance with the Civil Aviation Security Quality Control Programme shall supervise the implementation of the measures determined in the legislation of the European Union and the National Civil Aviation Security Programme. The Civil Aviation Security Quality Control Programme shall be approved by the Cabinet.

The measures laid down in the National Civil Aviation Security Programme shall be implemented by the personnel which have been certified in accordance with the procedures laid down by the Cabinet.

The Cabinet shall determine the passenger classes that shall be exempt from the airport security screening and the procedures by which they shall be exempted from airport security screenings.

[22 June 2005; 15 December 2005; 26 October 2006; 16 July 2009; 9 June 2016; 7 November 2019]

Section 57.1 Background Check

An employer shall perform background check on the persons determined in Commission Regulation (EU) No 2015/1998 of 5 November 2015 laying down detailed measures for the implementation of the common basic standards on aviation security (Text with EEA relevance), and on the persons who will carry out work duties in air navigation objects in conformity with Commission Implementing Regulation (EU) No 1035/2011 of 17 October 2011 laying down common requirements for the provision of air navigation services and amending Regulations (EC) No 482/2008 and (EU) No 691/2010 (Text with EEA relevance).

An employer according to a contract may authorise the airport administration to perform a background check or its part on the persons referred to in Paragraph one of this Section who need permanent access to the controlled zone of the aerodrome.

Upon a request of the employer, the State Security Service, according to its competence, shall check the persons referred to in Paragraph one of this Section, if the duties of such persons include:

1) security check of passengers, their hand luggage, registered luggage, cargo, mail and in-flight supplies;

2) security check of the personnel working in the restricted access area of an aerodrome and the objects taken with them, as well as the vehicles at the disposal of such personnel;

3) access control at the airport, oversight and patrolling;

4) issuance of airport passes;

5) training, management and oversight of such personnel which fulfils the duties referred to in Clause 1, 2, 3 and 4 of this Paragraph.

An employer shall not enter into an employment contract, shall discontinue employment legal relationship with such person or temporarily suspend such person from the fulfilment of the work duties:

1) who has provided false information regarding his or her identity or previous occupation during the last five years;

2) who has been punished for committing an intentional criminal offence - prior to setting aside or extinguishing the conviction;

3) who is accused of committing an intentional criminal offence;

4) who has been diagnosed mental disorders;

5) who has been diagnosed addition to alcohol, narcotic, psychotropic or other psychoactive substances;

6) who has been administratively punished for violating the procedures for the circulation of weapons, ammunition, special means and pyrotechnic articles, violations committed under the influence of alcoholic beverages, narcotic or other intoxicating substances, for petty hooliganism or for malicious non-compliance with the lawful orders or request of an employee of a police authority while a year has not passed since execution of the administrative punishment;

7) regarding whom the State Security Service has at its disposal verified information which has been obtained in accordance with the procedures laid down in law and indicates that this person belongs to prohibited militarised or armed units, political parties or public organisations (associations), their unions or movements, which continue to operate after their operation has been suspended or terminated by a court ruling, and also that this person belongs to criminal organisations or groups of organised crime.

The procedures for the performance of a background check and the procedures for the issuance and revoking of an airport pass shall be determined by the Cabinet.

[21 March 2013; 2 October 2014; 23 November 2017; 7 November 2019]

Section 57.2 Requirements for the Owners and Responsible Employees of Civil Aviation Aerodromes, Aircraft Operators and Air Navigation Service Providers

Only the person who meets the following criteria may be an owner (beneficial owner) and an employee who holds a management position or may significantly affect company's activities with his or her decisions (hereinafter - the responsible employee) of a civil aviation aerodrome, aircraft operator providing international air transport of passengers, cargo or mail and air navigation service provider:

1) is not related to terrorism and is not involved in an anti-governmental or criminal organisation;

2) is not related to money laundering;

3) has not been held criminally liable for committing an intentional criminal offence;

4) has not been found guilty of committing a criminal offence which is related to fraud, smuggling, unauthorised activities with goods or other valuables subject to customs clearance, entrepreneurship without registration and without a permit (licence), evasion of tax payments and payments equivalent thereto;

5) has not been punished for customs offences or cash entering or leaving without declaration;

6) has not been punished for a violation related to tax liability of a taxpayer or a violation of laws and regulations governing employment relationship or labour protection, except when a warning or a fine not exceeding EUR 360 has been imposed for an individual violation, and the total amount of fines over the year does not exceed EUR 1100;

7) has paid taxes, fees and other mandatory payments to the budget, or deadlines for the relevant payments have been extended (suspended, divided) in accordance with the procedures laid down in laws and regulations governing the field of tax, and a person makes payments in accordance with a decision by tax administration (payment schedule), except when the execution of the decision by tax administration is suspended for the period of pre-trial examination;

8) does not pose a threat with his or her behaviour or activities to the national or public security of Latvia, democratic and constitutional regime of the State, independence and territorial integrity of the State.

The Ministry of Transport and the Civil Aviation Agency shall, within the competence thereof, verify the conformity of the owner (beneficial owner) and responsible employee of the aerodrome, aircraft operator and air navigation service provider referred to in Paragraph one of this Section with the requirements of Paragraph one of this Section by requesting information from public institutions which are competent for the information referred to in Paragraph one of this Section:

1) prior to the commencement of the licensing and certification processes laid down in this Law or European Union laws which would grant the right to an aerodrome, aircraft operator and air navigation service provider to provide services in the field of civil aviation;

2) if the owner (beneficial owner) or responsible employee of a licensed or certified aerodrome, aircraft operator and air navigation service provider changes;

3) at least once every five years.

The Ministry of Transport and the Civil Aviation Agency shall not commence a licensing or certification process of an aerodrome, aircraft operator and air navigation service provider, suspend or terminate a commenced licensing or certification process, and also take the decision to suspend or revoke the operation of a licence or certificate issued to an aerodrome, aircraft operator and air navigation service provider if:

1) the identity of the owner (beneficial owner) and responsible employee of the aerodrome, aircraft operator and air navigation service provider cannot be established and verified;

2) information has been received from public authorities that the owner (beneficial owner) or responsible employee of the aerodrome, aircraft operator and air navigation service provider fails to meet any of the criteria referred to in Paragraph one of this Section.

If the decision referred to in Paragraph three of this Section has been taken on the basis of the information obtained as a result of intelligence or counter intelligence activities of State security institutions, it may be appealed before the Prosecutor General the decision of which is final, while in other cases the decision may be appealed before a court without the right to appeal before a higher institution. The appeal of such decision shall not suspend the operation thereof.

[2 October 2014; 23 November 2017; 7 November 2019; 5 December 2019]

Section 58. Co-ordination of the Measures included in Civil Aviation Security Programmes

[22 June 2005]

Section 59. Inspections of Passengers, Baggage and Hand Baggage

[22 June 2005]

Section 60. Co-operation with Foreign States and International Organisations in Civil Aviation Security Matters

In conformity the competence thereof, the Aviation Department, Civil Aviation Agency and Transport Accident and Incident Investigation Bureau shall perform information exchange with other states, the International Civil Aviation Organisation (ICAO) and other international organisations, as well as otherwise co-operate in matters regarding civil aviation safety.

[22 June 2005; 15 December 2005; 29 March 2007 / See Transitional Provisions]

Chapter Eight
Aviation Rescue Work and the Investigation of Aviation accidents

Section 61. Aeronautical Search and Rescue Coordination Centre

Search and rescue operations for aircraft and persons that have suffered in a civil aviation accident, as well as rectification of the consequences of an accident shall be coordinated by the Aeronautical Search and Rescue Coordination Centre (international abbreviation - the ARCC; hereinafter - the Coordination Centre). The Coordination Centre shall operate at all times, 24 hours a day, and operation thereof shall be ensured by the State Border Guard.

The Coordination Centre shall coordinate search and rescue operations for aircraft and persons that have suffered in a civil aviation accident in the search and rescue area of responsibility of the Republic of Latvia, as well as outside thereof if it is provided for in the international agreements to which the Republic of Latvia is a party.

The Coordination Centre shall operate in accordance with the By-laws and emergency plan of the Coordination Centre approved by the State Border Guard, as well as according to the instructions given by the Civil Aviation Agency.

[2 October 2014]

Section 62. Preparedness of Aerodrome Personnel in the Rescue of Aircraft and Persons that have Suffered in an Accident

An operator of the aerodrome from which air transport is performed shall ensure that aerodrome personnel are specially prepared and organised and the necessary equipment and machinery are located at the aerodrome, so that the aerodrome personnel could independently save aircraft and persons that have suffered the accident in the territory of the aerodrome and provide first aid until the moment when rescue operations are commenced by the involved State authorities the operation of which is coordinated by the Coordination Centre.

[2 October 2014; 23 November 2017]

Section 63. Distress Signals

Distress signals especially intended for such cases must be transmitted (given) from an aircraft which is under the threat of danger or is in danger, or which has suffered in an accident.

An air traffic controller who has received (noticed) a distress signal shall take all the possible measures to provide assistance to the aircraft which is under threat of danger or is in danger, or which has suffered in an accident, and shall notify the Coordination Centre thereof.

If the flight crew of an aircraft has received a distress signal from an aircraft which is under threat of danger or is in danger, or which has suffered in an accident, the pilot-in-command shall act in accordance with the provisions of Section 37, Clause 3 of this Law.

[21 March 2013; 2 October 2014]

Section 64. Reporting of Aviation Accidents

Persons shall immediately notify the State Fire and Rescue Service, the State Police or the Coordination Centre of any accidents known to them.

The State Fire and Rescue Service and the State Police shall immediately notify the Coordination Centre and the Transport Accident and Incident Investigation Bureau of any known accidents.

[2 October 2014]

Such occurrence in civil aviation, which influences the safety of the flight of an aircraft, shall be notified according to the procedures stipulated by the Cabinet.

[22 June 2005; 15 December 2005; 29 March 2007; 21 March 2013; 2 October 2014]

Section 65. Reporting to Interested Persons of Other States Regarding Aviation Accidents and Incidents having occurred in the Territory of the Republic of Latvia

The Transport Accident and Incident Investigation Bureau shall report any accidents, serious incidents and incidents occurred in the territory of the Republic of Latvia, as well as the commencement of investigation thereof in compliance with the requirements laid down in Article 9(2) of Regulation No 996/2010.

[23 November 2017]

Section 66. Rectification of the Consequences of Accidents

The Cabinet shall lay down the procedures by which search and rescue operations for civil aviation aircraft and persons that have suffered in accidents take place, as well as the procedures for rectification of the consequences of civil aviation accidents and the procedures for the co-operation of institutions.

The Cabinet shall lay down the procedures by which search and rescue operations for military aviation aircraft and persons that have suffered in accidents take place, as well as the procedures for the rectification of the consequences of military aviation accidents and the procedures for the co-operation of institutions.

Provision of aid to victims of civil aviation accidents and relatives thereof shall be separated from investigation of civil aviation accidents.

[2 October 2014; 23 November 2017]

Section 67. Participation of Authorities and Aircraft Owners from Other States in Aircraft Rescue Operations

Authorities of the country of registration of the aircraft and the owner of the aircraft have the right to, under the supervision of the Coordination Centre, participate or provide the necessary assistance for the rescue of an aircraft which has suffered in an accident.

[2 October 2014]

Section 68. Aircraft Evacuation

Evacuation of an aircraft and wreckage fragments thereof from the place of accident shall be performed by an aircraft operator or invited organisations at the expense of the aircraft operator, provided that the permit of the Transport Accident and Incident Investigation Bureau has been obtained. If it is necessary for the investigation, an aircraft owner or operator shall, at its own expense and without delay, ensure conveyance of the aircraft and wreckage fragments thereof to the place indicated by the Transport Accident and Incident Investigation Bureau for research and expert-examination.

If the evacuation of the aircraft or wreckage fragments thereof is not possible, the grid reference of such aircraft and any wreckage fragments thereof must be marked on a map to prevent confusion in the search for any other aircraft having suffered in an accident.

If an aircraft which has suffered in an accident or any wreckage fragments thereof impede the movement of transport by rail, water, air or road, the Head of the Coordination Centre shall, upon fixation of the technical condition of the aircraft, layout of the aircraft and any wreckage fragments thereof, and coordination thereof with the Head of the Transport Accident and Incident Investigation Bureau, take measures for the evacuation thereof in order to renew the transport movement.

If in performing an emergency rescue operation of an aircraft having suffered in an accident, it is necessary to change the layout of the aircraft or any wreckage fragments thereof, as well as when the aircraft has suffered in an accident or any wreckage fragments thereof are endangering human life or could cause significant material losses and their evacuation must be performed immediately - a fix of their initial state shall be recorded to the extent possible prior to arrival of the Transport Accident and Incident Investigation Bureau.

[12 June 2003; 4 March 2004; 22 June 2005; 29 March 2007; 2 October 2014; 23 November 2017]

Section 69. Discontinuance of Aircraft Search

If the search for an aircraft which has suffered in an accident produces no findings, the Minister for Transport may take a decision to discontinue the search for the aircraft upon a proposal by the Civil Aviation Agency . The Civil Aviation Agency shall develop the abovementioned proposal on the basis of the information submitted by the Coordination Centre on findings of the search for the aircraft.

[2 October 2014]

Section 70. Investigation of Civil Aviation Accidents, Serious Incidents and Incidents which have Occurred in the Territory of the Republic of Latvia

The Transport Accident and Incident Investigation Bureau shall investigate civil aviation accidents, serious incidents and incidents which have occurred in the territory of the Republic of Latvia. The Cabinet shall lay down the procedures for investigating civil aviation accidents, serious incidents and incidents.

If at least one person has sustained bodily injury in a civil aviation accident due to which death or serious bodily injury has occurred, the Minister for Transport may invite the necessary specialists for the investigation.

If military aviation aircraft are involved in a civil aviation accident, serious incident or incident, the Minister for Transport and the Minister for Defence may, upon mutual agreement, invite the necessary specialists for investigation.

Specialists, as well as experts, including foreign experts, from institutions and commercial companies may be involved in the investigation of civil aviation accidents, serious incidents or incidents.

In the cases referred to in Paragraphs two and three of this Section, the Transport Accident and Incident Investigation Bureau shall lead the investigation.

[12 June 2003; 4 March 2004; 22 June 2005; 15 December 2005; 29 March 2007; 16 July 2009; 30 September 2010; 21 March 2013; 23 November 2017; 11 October 2018]

Section 71. Inclusion of Specialists in an Aviation Accident Investigation Commission

[4 March 2004]

Section 72. Participation of Interested Authorities of Other Countries in the Investigation of a Civil Aviation Accident, Serious Incident or Incident in the Territory of the Republic of Latvia

Authorised representatives of the authorities of the country of registration, the country of operator, the country of design or the country of manufacture of an aircraft and advisers thereof, as well as authorised representatives of the authorities of such countries and advisers thereof which in relation to the investigation of a civil aviation accident, serious incident or incident provide information, equipment or send experts may participate in the investigation of the civil aviation accident, serious incident or incident in the territory of the Republic of Latvia, unless it is otherwise provided for in the international agreements to which the Republic of Latvia is a party.

If a citizen of other country has fatal or serious injuries in a civil aviation accident in the territory of the Republic of Latvia, authorised experts of such country may participate in the investigation of the civil aviation accident, unless otherwise provided for by international agreements to which the Republic of Latvia is a party.

[13 March 2008; 16 July 2009; 23 November 2017]

Section 73. Investigation of a Civil Aviation Accident, Serious Incident or Incident Outside the Territory of the Republic of Latvia

Authorised representatives of the authorities of the Republic of Latvia and advisers thereof shall participate in the investigation of a civil aviation accident, serious incident or incident occurred in the territory of other country if an aircraft has been registered in the Civil Aviation Aircraft Register of the Republic of Latvia or if the operator of such aircraft has been registered in the Republic of Latvia and unless it is otherwise provided for in the international agreements to which the Republic of Latvia is a party.

If a citizen or non-citizen of Latvia has fatal or serious injuries in a civil aviation accident in the territory of another country, authorised experts of the authorities of the Republic of Latvia shall participate in the investigation of the civil aviation accident, unless otherwise provided for by the international agreements to which the Republic of Latvia is a party.

A civil aviation accident, serious incident and incident which have occurred in airspace located outside the territory of the Republic of Latvia, but in which air traffic is controlled by the State stock company "Latvian Air Traffic", shall be investigated in accordance with the procedures laid down in international agreements.

The Transport Accident and Incident Investigation Bureau shall perform an investigation if it is not implemented by another state and if a civil aviation accident in which an aircraft registered in the Republic of Latvia Civil Aviation Aircraft Register has occurred outside the territory of the European Union, or a serious incident in which an aircraft registered in the Republic of Latvia Civil Aviation Aircraft Register is involved or such aircraft which is operated by a natural or legal person the place of domicile of which is the Republic of Latvia.

The investigation shall be performed according to the procedures stipulated by the Cabinet.

The Transport Accident and Incident Investigation Bureau may delegate the investigation referred to in this Section to other State investigation authority on the basis of a mutual agreement.

[4 March 2004; 22 June 2005; 15 December 2005; 29 March 2007; 13 March 2008; 16 July 2009; 30 September 2010; 23 November 2017]

Section 74. Rights of Investigators from the Transport Accident and Incident Investigation Bureau

In performing an investigation, investigators from the Transport Accident and Incident Investigation Bureau have the right to:

1) freely access the place of a civil aviation accident, serious incident or incident, as well as the aircraft, the contents or wreckage thereof;

2) immediately ensure the recording of any evidence and the controlled collection of wreckage fragments or components in order to perform verification or analyses;

3) immediately access the flight recorders, familiarise themselves with the contents of the relevant recordings and use them in the investigation;

4) familiarise themselves with the results of examinations and laboratory analyses of the bodies of the victims of the civil aviation accident, as well as request performance of such examinations and laboratory analyses;

5) familiarise themselves with the opinions of medical treatment institutions and receive the information therefrom on the medical fitness of persons who have suffered a civil aviation accident, serious incident or incident;

6) immediately familiarise themselves with the results of any medical examinations and laboratory analyses of the persons who were in control of the aircraft;

7) question any witnesses;

8) freely access any information or recordings held by the aircraft owner, operator or manufacturer, as well as by the authorities responsible for civil aviation, airport or air traffic control;

9) require that the State and local government authorities, as well as, if necessary, other legal persons in whose area of operation the civil aviation accident has occurred, to guard, to the extent possible, the aircraft, any wreckage fragments thereof, as well as other evidence, and to provide assistance in taking labour-intensive and other necessary measures, as well as to designate working and resting premises for the Transport Accident and Incident Investigation Bureau;

10) specify when the aircraft, the contents, wreckage fragments and other evidence thereof may be removed from the place of the occurrence, as well as to destroy such according to the procedures laid down in laws and regulations;

11) invite a police officer in order to immediately take the persons involved in a civil aviation accident, serious incident or incident to a medical treatment institution where the examination of the effect of narcotic, psychotropic, toxic or other intoxicating substances would be carried out.

The Transport Accident and Incident Investigation Bureau also has other rights, which are necessary for achieving the effective goals of the investigation in the shortest possible time period.

[21 March 2013]

The sample licence of an investigator of the Transport Accident and Incident Investigation Bureau shall be approved by the Cabinet.

[12 June 2003; 4 March 2004; 22 June 2005; 29 March 2007; 13 March 2008; 16 July 2009; 30 September 2010; 21 March 2013; 23 November 2017]

Section 74.1 Rights of Authorised Representatives of Other Countries and Advisers Thereof

Authorised representatives of the authorities of the country of registration, the country of operator, the country of design or the country of manufacture of an aircraft and advisers thereof, as well as authorised representatives of authorities of such countries and advisers thereof which in relation to the investigation of a civil aviation accident, serious incident or incident provide information, equipment or send experts of their responsible authorities, when participating in the investigation performed under the management of the Transport Accident and Incident Investigation Bureau, in accordance with Sub-paragraph 5.25 of Annex 13, Aircraft Accident and Incident Investigation, to the Convention on International Civil Aviation of 7 December 1944 have the following rights to:

1) visit the place of a civil aviation accident, serious incident or incident;

2) examine the wreckage;

3) obtain witness information and suggest areas of questioning;

4) have full access to all relevant evidences as soon as possible;

5) receive copies of all pertinent documents;

6) participate in read-outs of recorded media;

7) participate in investigative activities which are not performed at the place of a civil aviation accident, serious incident or incident but rather at some other place, such as component examinations, technical briefings, tests and simulations;

8) participate in all investigation-related meetings, including discussions of analysis, causes, conclusions and safety recommendations of a civil aviation accident, serious incident or incident;

9) submit documents to the investigation authority of the relevant foreign country of a civil aviation accident, serious incident or incident;

10) submit documents to the investigation authority of the relevant foreign country in respect of the various elements of the investigation.

Advisers of the authorised representatives of the authorities of the country of registration, the country of operator, the country of design or the country of manufacture of an aircraft, as well as advisers of the authorised representatives of the authorities of such countries which in relation to the investigation of a civil aviation accident, serious incident or incident provide information, equipment or send experts, shall be permitted to participate in the investigation under the supervision of the authorised representatives, in so far as it is necessary in order for the participation of the authorised representatives of foreign countries to be efficient in the investigation.

[30 September 2010; 23 November 2017]

Section 75. Obligation to Preserve Factual Evidence

All persons have an obligation to preserve without any alteration the aircraft, any wreckage fragments thereof, any objective aircraft flight control equipment present on the aircraft or on the ground, all objects present on the aircraft or on the ground which are related to the aviation accident or incident, the documentation related to the flight, manufacture, repair and servicing of the aircraft, and forward them to the Transport Accident and Incident Investigation Bureau.

The Transport Accident and Incident Investigation Bureau shall take all measures necessary to protect this evidence and ensure the supervision of an aircraft and components thereof, in so far as it is necessary for the needs of investigation. If criminal proceedings have been initiated, the referred-to activities shall be carried out by permission of the person directing the procedures.

If an aircraft, wreckage thereof, recorded media and other factual evidence are not necessary, the Transport Accident and Incident Investigation Bureau shall return them to the owner. If criminal proceedings have been initiated, the referred-to activities shall be carried out by permission of the person directing the procedures.

[4 March 2004; 22 June 2005; 29 March 2007; 30 September 2010]

Section 75.1 Protection of Investigation Records of Accidents and Incidents

The Transport Accident and Incident Investigation Bureau shall ensure protection of the records referred to in Article 14 of Regulation No 996/2010 which have been obtained during investigation and are under storage or control thereof.

If these records are necessary for law enforcement institutions, the law enforcement institutions shall request them from a primary source.

[23 November 2017]

Section 76. Measures for Prevention of the Causes of a Civil Aviation Accident, Serious Incident or Incident

The Transport Accident and Incident Investigation Bureau, taking into account the investigation materials, shall develop safety recommendations for the prevention of the causes of civil aviation accidents, serious incidents or incidents in future civil aviation operation and send them to civil aviation aircraft operators registered in the Republic of Latvia, civil aviation authorities of other countries, the International Civil Aviation Organisation (ICAO), as well as other interested persons.

Natural persons and legal persons to whom the safety recommendations relate shall implement them in the shortest possible time period.

The Transport Accident and Incident Investigation Bureau shall send copies of the final report and safety recommendations to the bodies referred to in Article 16(8) of Regulation No 996/2010.

[4 March 2004; 22 June 2005; 29 March 2007; 16 July 2009; 9 June 2011; 23 November 2017]

Section 77. Rights to Remuneration for Expenditures (Damages) caused in performing the Rescue of an Aircraft, as well as in Performing Activities according to Instructions of the Transport Accident and Incident Investigation Bureau

Persons for whom expenditures (damages) have incurred when performing search for or rescue of an aircraft according to the instructions of the State Aviation Search and Rescue Service or upon personal initiative, as well as when performing activities according to the instructions of the Transport Accident and Incident Investigation Bureau, are entitled to receive remuneration in accordance with the procedures laid down in laws and regulations of the Republic of Latvia.

[12 June 2003; 4 March 2004; 22 June 2005; 29 March 2007; 23 November 2017]

Chapter Nine
Air Transport, Aerial Work and Aircraft Leasing Agreements

Section 78. Rights to Perform Air Transport of Passengers, Cargo and Mail and Aerial Work

An aircraft operator who has received an air operator certificate and licence for air transport has the rights to perform air transport in the territory of the Republic of Latvia.

[23 November 2017]

If the right to perform air transport of passengers, baggage, cargo and mail are limited by the provisions of the bilateral international air traffic agreements entered into by the Republic of Latvia, the Cabinet shall determine the procedures for the allocation, oversight of use and revocation of limited air traffic rights.

[22 October 1998; 15 December 2005; 30 September 2010; 23 November 2017]

Section 79. Issue of an Air Operator Certificate

The Civil Aviation Agency shall issue an air operator certificate according to the procedures stipulated by the Cabinet.

[30 October 1997; 16 September 2004; 15 December 2005]

Section 80. Air Operator Certificate

[15 December 2005]

Section 81. Recognising an Air Operator Certificate to be Invalid

An air operator certificate shall not be valid if the operation thereof is suspended or withdrawn in compliance with the requirements of Regulation No 965/2012.

An air operator certificate which has been recognised to be invalid shall be handed over to the Civil Aviation Agency.

[23 November 2017]

Section 82. Licence for Air Transport

The competent authority which implements Regulation (EC) No 1008/2008 of the European Parliament and of the Council of 24 September 2008 on common rules for the operation of air services in the Community (Recast) (hereinafter - Regulation No 1008/2008), except for Articles 23 and 24 of Regulation No 1008/2008, shall be the Aviation Department. The competent authority which implements Articles 23 and 24 of this Regulation shall be the Consumer Rights Protection Centre.

The Cabinet shall lay down the procedures for the payment of the State fee for issuing a licence for air transport and renewal of operation of the licence for air transport, as well as amount of the abovementioned State fee.

[23 November 2017]

Section 83. Rendering Invalid a Licence for the Right to Perform Aerial Work

A licence for the right to perform aerial work may be rendered invalid, if the air operator does not comply with the rules delimiting the operations permitted therein or is not able to appropriately use the rights granted thereto, or if the violations have not been rectified in a specified time.

If the Civil Aviation Agency has rendered invalid or revoked an air operator licence, the licence for the right to perform aerial work shall also cease to be valid.

[15 December 2005]

Section 84. Regulation of Air Transport

The air transport of passengers, baggage and cargo shall be governed by the provisions of this Law and Cabinet regulations regarding the air transport of passengers, baggage and cargo.

The Cabinet shall determine the procedures by which the air transport of hazardous articles and hazardous cargo shall be performed.

[15 December 2005; 11 May 2006; 29 March 2007]

Section 84.1 Duty of Carriers to provide Passenger Data

A carrier, which performs international flights from a third country to the Republic of Latvia, on the basis of a request from the State Border Guard, has a duty immediately after end of the boarding registration of passengers to provide to the State Border Guard data regarding passengers, who will carried to a specified State border crossing point through which such persons shall enter the Republic of Latvia.

The carrier shall provide the following data regarding the persons referred to in Paragraph one of this Section:

1) name and surname of the passenger;

2) date of birth of the passenger;

3) the citizenship of the passenger (if there is such);

4) the type and number of the travel document used by the passenger;

5) the State border crossing point through which the passenger shall enter the Republic of Latvia;

6) number of the flight;

7) the departure and arrival time of the aircraft;

8) the total number of passengers on the aircraft;

9) the initial point of embarkation of the passenger.

The carrier shall send the data electronically or by any other appropriate means (if the electronic system is not accessible or interruptions in the operation thereof have occurred) to the State border crossing point through which the persons referred to in Paragraph one of this Section shall enter the Republic of Latvia.

[11 May 2006; 7 June 2007]

Section 84.2 Duty of the Carrier to Inform Passengers

A carrier, which performs international flights from a third country to the Republic of Latvia, in acquiring the data referred to in Section 84.1, Paragraph two of this Law, has a duty to inform passengers regarding the reason for the request for data.

[11 May 2006]

Section 84.3 Duty of a Carrier to Destroy Passenger Data

A carrier, which performs international flights from a third country to the Republic of Latvia, has a duty within 24 hours after the landing of the aircraft to destroy the data, which it has provided to the State Border Guard in accordance with Section 84.1 of this Law.

[11 May 2006]

Section 84.4 Duty of the State Border Guard to Destroy Passenger Data

The State Border Guard has a duty within 24 hours after the arrival of the passenger and performance of border controls to destroy the data, which it has received in accordance with Section 84.1 of this Law, except in cases, where it is necessary to use such data to ensure public order or the protection of State security interests.

[11 May 2006]

Section 84.5 Use of Languages in International Air Transport

A carrier by air registered in the Republic of Latvia may provide the information to the public also at least in one of the languages determined in the Law Protocol on the authentic quadrilingual text of the Convention on International Civil Aviation (Chicago, 1944) - English, if it is not in contradiction with the Official Language Law.

[13 March 2008]

Section 85. Documentation of Transport

A ticket shall certify the contract of passenger air transport and the provisions thereof, while a baggage receipt shall certify the hand-over of baggage.

A cargo consignment note shall certify the contract of cargo air transport and the provisions thereof, as well as the fact that the carrier has accepted the cargo.

If the carrier has issued a ticket, baggage receipt or consignment note, but it is improperly drawn up or has been lost, or it cannot be presented due to other reasons, the contract of transport shall remain in force. If, however, the conditions laid down in Section 104, Paragraph two, Clauses 1 and 2 of this Law are applicable, the liability of the carrier shall not be limited.

A postal waybill shall certify the contract of air transport of mail, the provisions thereof and the acceptance of mail for transport.

[Paragraph five repealed on 22 April 2004]

[9 May 2002; 22 April 2005]

Section 86. Accuracy of the Information Declared on Consignment Notes

Information regarding the weight (mass), dimensions and packaging of a cargo, as well as regarding the number of cargo places declared on the consignment note shall be deemed to be correct unless proven otherwise by the carrier. Information regarding the quantity, amount, condition and packaging of the cargo shall not serve as evidence if the carrier has not verified such in the presence of the consignor and so determined on the consignment note.

Section 87. Documents to be appended to Consignment Notes

The consignor shall provide information and append to the consignment note all the documents which the consignee needs until hand-over of the cargo in order to complete the customs and other formalities laid down in the relevant laws and regulations.

[23 November 2017]

Section 88. Unilateral Termination of a Contract of Passenger Air Transport

A passenger has the right to refuse to travel on a flight and to be paid back completely or partly any payments for transport made.

The carrier is entitled to unilaterally terminate the contract of air transport of a passenger if:

1) [2 October 2014];

2) a passenger has violated the instructions given by the carrier and through his or her action creates a threat to the safety of the aircraft flight;

3) it is necessary to prevent any violations of laws and regulations of such country over which the air transport will be performed or in which the starting point, stopover or destination of the transport is located;

4) the mental or physical condition or behaviour of the passenger during the air transport could create a threat to the health of the passenger himself or herself, to the safety of the persons and property present on the aircraft, inconvenience to other passengers, as well as raise the objections of other passengers.

The contract of air transport of the passenger shall be terminated and the payment for transport paid shall be returned in accordance with the procedures and in the amount laid down in the regulations regarding air transport of passengers, baggage and cargo.

[21 March 2013; 2 October 2014; 23 November 2017]

Section 88.1 Protection of Passenger Rights

The competent authority within the meaning of Regulation (EC) No 261/2004 of the European Parliament and of the Council of 11 February 2004 establishing common rules on compensation and assistance to passengers in the event of denied boarding and of cancellation or long delay of flights, and repealing Regulation (EEC) No 295/91 is the Consumer Rights Protection Centre.

The competent authority within the meaning of Regulation (EC) No 1107/2006 of the European Parliament and of the Council of 5 July 2006 concerning the rights of disabled persons and persons with reduced mobility when travelling by air is the Civil Aviation Agency.

[7 June 2007; 16 July 2009; 21 March 2013]

Section 89. Amendments to Contracts of Cargo Air Transport

If a consignor has fulfilled all of the obligations arising from the contract for air transport and presented the consignment note to the carrier, the consignor has the right to receive the cargo back at the place of dispatch or the place of delivery of the transport, to delay it at any stopovers, to change the consignee indicated on the consignment note, and to require that the cargo be delivered back to the place of dispatch thereof. If it is not possible to comply with the consignor's request, the carrier must notify the consignor immediately thereof.

Exercising the rights of a consignor provided for in Paragraph one of this Section shall not cause losses either to the carrier, or to other consignors, and the consignor shall compensate the expenditures of the carrier related to the exercising of such rights.

If the consignor has not requested the return of the cargo and has not provided any other instructions, then from the moment of arrival of the cargo at the place of destination the consignee has the right to require that the carrier issue the cargo and consignment note to him or her, but the rights of the consignor determined in this Section shall be terminated. If the consignee refuses to accept the cargo, the rights of the consignor shall be renewed.

Any provision of the transport contract, which differs from the provisions of this Section, shall be written in the consignment note.

The provisions of this Section shall not affect either the mutual relations of the consignor and consignee, or their relations with any third persons whose rights shall arise from their obligations with the consignor or the consignee.

Section 90. Reception of Cargo at the Destination Point

After the carrier has notified a consignee regarding the arrival of a cargo at the transport destination point, the consignee shall receive the cargo within the time period laid down in the regulations on air transport of passengers, baggage and cargo.

If the cargo has not been received within the determined time period, the carrier shall notify the consignor thereof and keep such cargo at the expense and risk of the consignor.

Regulations regarding air transport of passengers, baggage and cargo shall lay down the time periods, procedures and payment for the storage of a cargo, as well as for when the cargo shall be deemed to be unclaimed, and the procedures for the dispensation by sale thereof.

Section 91. Aerial work

An aircraft operator shall perform aerial work with aircraft to which the requirements referred to in Regulation No 216/2008 apply if this aircraft operator complies with the requirements laid down in Regulation No 965/2012.

An aircraft operator shall perform aerial work with aircraft to which the requirements referred to in Regulation No 216/2008 do not apply if this aircraft operator complies with the requirements laid down by the Cabinet.

The Cabinet shall lay down the procedures for the performance of aerial work.

[23 November 2017]

Section 92. Aircraft Leasing Agreement

In accordance with an aircraft leasing agreement, one party (lessor) shall undertake to hand over an aircraft for temporary use to another party (lessee) for a charge.

An aircraft may be rented with or without the crew thereof.

An aircraft leasing agreement must specify the name of each party, the type of the aircraft, the purpose of rental, the state of technical servicing of the aircraft, and the party which is responsible for compliance with the operational rules of the aircraft and for flight safety of the aircraft, the procedures by which the aircraft shall be insured and the procedures by which the liability for any harm caused to third persons by an aircraft in flight shall be insured, the liability of a lessee for causing damage to an aircraft or for the total destruction thereof. The aircraft leasing agreement may also include other provisions.

A lessee has the right to hand over a rented aircraft for sub-rental only with the consent of the lessor.

If an aircraft registered in the Civil Aviation Aircraft Register of the Republic of Latvia is rented to an air operator of another state, or if the State authority, local government, association or foundation of the Republic of Latvia, an merchant registered in the Enterprise Register, or an inhabitant of Latvia wishes to rent an aircraft registered in another state, the provisions of the rental agreement which are related to the liability for aircraft flight safety shall be co-ordinated with the Civil Aviation Agency and a permit shall be received.

[22 October 1998; 15 December 2005; 21 March 2013]

Section 93. Charter Agreement

According to a charter agreement one party (carrier) shall undertake to hand over all the capacity of the aircraft or any part thereof for a charge to another party (charterer) for the transport of passengers, baggage, cargo and mail or for other purposes.

A charter agreement must specify the name of the parties, the type of the aircraft, the purpose of rental, the maximum number of passengers to be carried, the weight of the baggage, cargo and mail, the amount of the rental payment, the point of departure, duration of freight and point of destination.

A charter agreement may also include other provisions.

A carrier has the right, without requesting any additional payment from the charterer, to postpone the time of departure of the transport and the time of take-off of the aircraft at the planned places of landing, to perform additional landings or to change the flight route, if necessary, in order to guarantee the safety of the aircraft flight.

A carrier has an obligation to hand over in a timely manner the capacity of the aircraft and during the term of operation of the agreement to maintain the aircraft in such a state that it can be used for the purposes determined in the agreement.

The charterer has the right to hand over the chartered aircraft for sub-chartering with the consent of the carrier.

The charterer has an obligation to make the payment provided for in the agreement in a timely manner, and to ensure the timely conveyance of passengers, baggage, cargo and mail to the point of departure.

A party shall be released from liability for the failure to execute a charter agreement or a poor quality execution thereof if it proves that the failure to execute the agreement or the poor quality execution thereof was not due to the fault thereof.

A carrier shall not be liable to the charterer for an aircraft being unfit for operation if the cause thereof is not due to the fault of the carrier.

A carrier shall be liable for the passengers, consignors and consignees in accordance with the provisions of Sections 98-106 of this Law.

[21 March 2013]

Chapter Ten
Liability and Insurance

Section 94. Liability for Violation of Provisions of This Law and Other Aviation-related Legislation of the Republic of Latvia

[21 March 2013]

Section 95. Responsibility for Knowingly Providing False Information to the Aviation Department and the Civil Aviation Agency

A person who has knowingly provided false information to the Aviation Department and the Civil Aviation Agency shall be held liable in accordance with the procedures laid down in laws and regulations of the Republic of Latvia.

A person who has knowingly provided false information in relation to the conditions for issuing a certificate, licence or permit shall not be issued such documents, or a decision shall be taken to withdraw the relevant issued document.

[15 December 2005; 23 November 2017]

Section 96. Liability for the Death or Damage to the Health of Aircrew Members Caused During Performance of Official Duties

An aircraft owner or operator thereof, if the aircraft is operated by another person, shall be liable for any harm that have been caused by the occurrence of death or damage to the health of a member of the aircrew during his or her performance of official duties.

The performance of duties shall commence with the preparation of an aircrew member for a flight and conclude with the moment when after the flight he or she has fulfilled all of the functions provided for in the rules regarding the operation of the aircraft and other regulations.

Section 97. Liability for Harm Caused to a Third Person or to the Property Thereof by an Aircraft in Flight

If the aircraft is operated by another person, an aircraft owner or operator shall be liable for any harm caused to a third person in the territory of the Republic of Latvia by an aircraft in flight or an object separated therefrom, and manifested either as the death of the third person or as damage caused to his or her health, or harm caused to his or her property, if the aircraft owner or operator, in accordance with the procedures laid down in laws and regulations of the Republic of Latvia, does not prove that the harm occurred by the intention of the victim himself or herself. The Cabinet shall determine the procedures by which harm to a third person or property thereof shall be compensated, if it is caused by an aircraft of the military aviation or aircraft of the civil aviation (or an object separated from it) of the Republic of Latvia, which the National armed Forces of Latvia uses for military needs.

For the purpose of this Section an aircraft shall be deemed to be an aircraft in flight from the moment of the starting of the engines of the aircraft before the take-off thereof until the moment when the taxiing run of the aircraft has ended after the landing thereof.

[13 March 2008; 23 November 2017]

Section 98. Liability of an Air Carrier for the Death or Damage to the Health of a Passenger Resulting During Air Transport

An air carrier shall be liable for any harm, which have been caused due to the occurrence of the death or damage to the health of a passenger during air transport.

By decision of a court, compensation may be determined in the form of periodic payments; moreover, the amount of such payments may not exceed the maximum amount of loss compensation established in accordance with the provisions of Section 104 of this Law.

The air transport of a passenger shall cover the time period from the moment when, under the supervision of persons authorised by the air carrier, a passenger has gone out on the apron of an aerodrome in order to embark an aircraft until the moment when the passenger has gone off the apron of an aerodrome, regardless of whether or not an aircraft flight has taken place.

Section 99. Liability of an Air Carrier for the Loss, Shortage of, or Damage to Property on a Passenger's Person

An air carrier shall be liable for the loss, shortage of or damage to property present on a passenger's person from the moment when, prior to the commencement of an air movement, the passenger has embarked the aircraft until the moment when the passenger has disembarked therefrom at the point of destination or a stopover of the air movement determined on the ticket, except for cases when the passenger has been requested not to leave in the aircraft the property on his or her person.

Section 100. Liability of an Air Carrier for the Loss, Shortage of, or Damage to Baggage or Cargo

An air carrier is liable for the loss, shortage of or damage to registered baggage or cargo resulting on land or in the aircraft from the moment when the baggage or cargo has been accepted for transport until the moment when the baggage or cargo has been issued to the consignee or consignor thereof.

The registered baggage or cargo shall be deemed to be lost if so determined by the air carrier, or if seven days have passed from the moment when the baggage or cargo should have arrived at the point of destination of the freight, but has not arrived.

Section 101. Extent of Liability of an Air Carrier for the Loss, Shortage of or Damage to Baggage, Cargo or Property Present on a Passenger's Person

An air carrier shall be liable to the following extent for any loss, shortage of or damage to property present on a passenger's person, registered baggage or cargo:

1) for the loss or shortage of baggage or cargo which has been accepted for transport without any declared value, as well as for the loss or shortage of property present on a passenger's person - in the amount of the actual value of the lost baggage, cargo or property present on the passenger's person or any missing part thereof;

2) for the loss or shortage of baggage or such cargo which has been accepted for transport at a declared value - in the amount of the declared value, if the air carrier does not prove that the declared value is higher than the actual value;

3) for any damage to baggage, cargo or property present on a passenger's person - in the amount of the sum by which the value of the baggage, cargo or property has been reduced.

If the loss, shortage of or damage to any part of the property present on a passenger's person, baggage, cargo or any object included therein affects the value of other property present on the passenger's person or the baggage or cargo indicated in the same baggage receipt or consignment note, in determining the amount of compensation the total value of the baggage, cargo or property present on the passenger's person shall be taken into account.

In the case of the loss or shortage of baggage or cargo, the air carrier, together with the payment of compensation, shall return the payment for transport if the payment for transport has been made, as well as the payment for transport of the lost cargo.

Section 102. Liability of an Air Carrier for a Delay of Carriage

An air carrier shall be liable for any losses caused to a passenger, a consignor or a consignee of baggage or cargo in connection with a delay of carriage by air.

The amount of the losses provided for in Paragraph one of this Section and the procedures for the determination thereof shall be regulated by the rules on the carriage by air, baggage and cargo or international agreements to which the Republic of Latvia is a party.

Section 103. Release of an Air Carrier from Liability or a Reduction of Liability

An air carrier shall not be liable if he or she proves that he or she has taken all measures necessary for the prevention of harm or losses, or that it was not possible to take such measures.

A court may release an air carrier from the liability determined in Sections 98, 100 and 106 of this Law or to limit such liability if the air carrier proves that the fault of the victim was the cause of, or facilitated such harm or losses.

An air carrier shall be released from the liability determined in Sections 98, 100 and 106 of this Law if the shortage of or damage to the property present on a passenger's person, baggage, cargo or mail has occurred due to the natural properties thereof or due to faulty packaging.

In accordance with the provisions of Sections 98-100, 102 and 106 of this Law, the air carrier shall be liable in accordance with the procedures laid down in laws and regulations of the Republic of Latvia, unless it is otherwise provided for in the international agreements to which the Republic of Latvia is a party.

[23 November 2017]

Section 104. Limitations on the Liability of a Carrier

The liability of an air carrier determined in Sections 98-100 and 102 of this Law, that is, the maximum amount of compensation for losses, may be restricted in accordance with the procedures established by international agreements to which the Republic of Latvia is a party, or by regulations regarding air transport of passengers, baggage and cargo.

The limitation of the liability of an air carrier determined in Paragraph one of this Section shall not be applied if:

1) the document of air transport does not contain all of the information determined by international agreements which provide for the limits on the liability of an air carrier and to which the Republic of Latvia is a party, or by regulations regarding air transport of passengers, baggage and cargo;

2) a passenger, baggage or cargo has been carried with the consent of the air carrier without the issuance of the documents determined in Section 85 of this Law;

3) it is proved that damage has been caused with intent by the air carrier or due to his or her gross negligence.

Section 105. Amendment of Limitations on the Liability of an Air Carrier

An air carrier, passenger, or a consignor or consignee of the baggage or cargo may agree to extend the liability of the air carrier in comparison to the limitations on liability laid down in accordance with the provisions of Section 104 of this Law.

An agreement regarding a reduction in the liability of the air carrier in comparison to the limitations on liability laid down in accordance with the provisions of Section 104 of this Law shall not be in effect.

Section 106. Liability of an Air Carrier for Loss, Shortage of or Damage to, as well as Delayed Delivery of Mail

An air carrier is financially liable to the postal authorities for the loss, shortage of or damage to, as well as the delayed delivery of mail due to the fault of the air carrier, to the extent to which the communications authorities are liable to the consignor or addressee.

Section 107. Liability of Passengers, Consignors and Consignees of Baggage or Cargo

Passengers, a consignor and consignee of baggage or cargo shall be liable for any harm which, due to their fault, is caused to other persons, the property of the air carrier and the property of other persons for which the air carrier is liable.

A consignor shall be liable for any damages caused to an air carrier or another person to whom the air carrier is liable in connection with errors, inaccuracies in or the incomplete disclosure of the information indicated in the consignment note.

A consignor shall be liable to the air carrier for all losses, which may be caused in connection with the shortage, incomplete disclosure of or error in the information and documents determined in Section 87 of this Law.

Section 108. Liability for Damage Caused as the Result of an Aircraft Collision

If a collision of two or more aircraft has occurred in the territory of the Republic of Latvia or if any aircraft has caused damage to another aircraft, but a collision has not occurred, the mutual financial liability of air operators shall be determined according to the following provisions:

1) harm caused due to the fault of one party shall be compensated in full by such party;

2) if harm is caused due to the fault of both (several) parties, the liability of each party shall be determined with regard to the degree of the fault thereof;

3) if harm is caused due to the fault of both (several) parties and it is not possible to determine the degree of fault of each party, the liability shall be shared equally among all parties.

If the parties are not at fault in causing the harm, none of them has the right to require the other party to compensate for harm.

None of the parties whose aircraft have suffered in a collision shall be considered guilty until proven otherwise.

In accordance with the provisions of Sections 98-106 of this Law, an air carrier is financially liable for any harm which have been caused due to the occurrence of the death of a passenger or damage caused to the health of a passenger during air transport, as well as for any damage to the property of third persons which is present in an aircraft or entrusted to the air carrier, moreover, the air carrier has the right of reclaim (subrogation) in relation to the other party (parties) due to the fault of which (whom) the damage has been caused.

Section 109. Bringing an Action

An action against an air carrier, in accordance with the provisions of Sections 98-100, 102 and 106 of this Law, shall be brought to a court of the location of the administrative authority of the air carrier, of the place of entering into a contract of air transport, or the place of destination of air transport not later than within a time period of two years from the day when the aircraft arrived at the point of destination, or from the day when the aircraft should have arrived thereat, or from the day of termination of the carriage.

An action against an air carrier in connection with the loss, shortage or damage to any property present on a passenger's person, registered baggage or cargo, or with the delay of registered baggage or cargo air transport, as well as in connection with denied boarding, cancellation or long delay of a flight, in accordance with Regulation (EC) No 261/2004 of the European Parliament and of the Council of 11 February 2004 establishing common rules on compensation and assistance to passengers in the event of denied boarding and of cancellation or long delay of flights, and repealing Regulation (EEC) No 295/91 (hereinafter - Regulation No 261/2004), may only be brought after submission of a written claim in accordance with provisions of Section 110 of this Law.

An air carrier may bring an action against a passenger, a consignor and consignee of baggage or cargo in accordance with this Law within a time period of six months from the day of such event, which was the basis for the bringing of the action.

In accordance with provisions of Section 96, 97 and 108 of this Law, actions to claim compensation for damages shall be brought in accordance with the procedures and time periods laid down in laws and regulations of the Republic of Latvia.

[23 November 2017]

Section 110. Submitting a Claim

In case of the loss, shortage of or damage to property present on a passenger's person, a claim must be submitted to the air carrier immediately upon disembarkation of the passenger at the point of destination of the air movement determined in the ticket or at some other point of disembarkation.

In the case of denied boarding, cancellation or long delay of a flight in accordance with Regulation (EC) No 261/2004 of the European Parliament and of the Council of 11 February 2004, a claim shall be submitted to the carrier within six months from the day of a flight or the day when the flight was intended.

In other cases laid down in Section 109, Paragraph two of this Law, a claim must be submitted to the air carrier immediately, but not later than:

1) within seven days from the day of receipt of registered baggage in the case of any shortage thereof or damage thereto;

2) within 14 days from the day of receipt of cargo in the case of any shortage thereof or damage thereto;

3) within seven days in the case of loss of registered baggage or within 14 days in the case of loss of cargo, from the day when it is deemed to have been lost in accordance with the provisions of Section 100, Paragraph two of this Law;

4) within 21 days from the day of receipt of baggage or cargo in the case of delay of air transport.

[23 November 2017]

Section 111. Compulsory Insurance Related to Civil Aviation Operations

Owners of civil aviation aircraft and other civil aviation objects and equipment and air operators who perform their activities in the territory of the Republic of Latvia must insure, respectively:

1) an aircraft and other civil aviation objects and equipment in the cases laid down in laws and regulations of the Republic of Latvia;

2) members of an aircrew;

3) against liability for damages caused to a passenger, his or her property, or the baggage or cargo of a consignor;

4) against liability for damages caused to a third person or the property of such person by an aircraft in flight or any objects separated therefrom.

The performer of the training, institution or merchant, which has sent them for training, must insure persons whose training process requires the necessity of the performance of training flights.

The employers or merchants with whom persons have a contract for the performance of the relevant work in an aircraft must insure persons who are not members of an aircrew, but whose work is related to their presence in an aircraft during a flight.

Persons who are engaged in aviation as a sport must insure themselves.

[15 December 2005; 23 November 2017]

Section 112. Liability for the Transport of Persons from Foreign States to the Republic of Latvia or from the Republic of Latvia to Foreign States without Documents Valid for Entry into the Relevant State

An air operator is responsible for ensuring that persons without the documents valid for entry into the relevant state are not carried from foreign states to the Republic of Latvia or from the Republic of Latvia to foreign states.

An air operator who has conveyed a person without the documents valid for entry into the relevant state from foreign states to the Republic of Latvia or from the Republic of Latvia to foreign states shall ensure the return conveyance of the referred to person and cover all expenditures related to his or her detention.

[11 June 1998]

Chapter Eleven
Military Aviation

[26 October 2006]

Section 112.1 Competence of the Ministry of Defence

The Ministry of Defence shall:

1) [20 June 2019];

2) [20 June 2019];

3) prepare regulatory enactments regulating the military aviation activities;

4) investigate military aviation accidents and incidents which have occurred in the territory of the Republic of Latvia and in which the military aviation aircraft of the Republic of Latvia are involved;

5) exercise oversight of airspace of the Republic of Latvia in case of the State endangerment;

6) co-operate with other authorised aviation authorities in the implementation of principles of flexible use of the airspace.

[16 July 2009; 11 October 2018; 20 June 2019]

Section 112.2 Competence of the National Armed Forces

The National Armed Forces shall:

1) exercise State oversight of the military aviation activities;

2) supervise the operation of military aviation aircraft of the Republic of Latvia, aerodromes and other military aviation objects and equipment.

[20 June 2019]

Section 113. Military Aerodromes

Military aerodromes shall be established and used in accordance with the procedures laid down in internal regulatory enactments issued by the Minister for Defence.

[20 June 2019]

Section 113.1 Military Aviation Area

A military aviation area shall be used in accordance with the procedures laid down in internal laws and regulations issued by the Minister for Defence.

A military aviation area may be established in the territory above which, in accordance with the laws and regulations regarding management and structure of the airspace and procedures for changing thereof, an airspace structure element necessary for the activities planned in the military aviation area may be established.

The airspace above the military aviation area shall be used in compliance with the laws and regulations regarding management and structure of the airspace and procedures for changing thereof, and procedures for the performance of military aviation aircraft flights.

[2 October 2014]

Section 113.2 Procedures for the Construction, Installation, Placement and Designation of Objects Potentially Hazardous to the Safety of Military Aerodrome Operation

In addition to compliance with the requirements of other laws and regulations, a permit shall be obtained from the Ministry of Defence to construct, install and place the following objects potentially hazardous to the safety of military aerodrome operation:

1) which are explosive and emit visible laser beams - within a distance of five kilometres from the nearest runway threshold;

2) which may cause interference in the operation of radio equipment necessary for ensuring military aerodrome operation - within a distance of five kilometres from the nearest runway threshold;

3) the absolute height of which exceeds the absolute height of the military aerodrome reference point by at least 30 metres - within a radius of five kilometres therefrom - or reaches or exceeds any aerodrome obstacle restriction surface;

4) which irrespective of the height thereof will be located within military aviation aircraft take-off or landing sectors - within a distance of two kilometres from the nearest runway threshold (a permit shall also be obtained if trees are planted in such places);

5) which reduce or may reduce visibility in the military aviation aircraft take-off or landing sectors;

6) which are any light sources that will not be used for air navigation but will be located in the military aviation aircraft take-off or landing sectors and may endanger the flight safety of military aviation aircraft - within a distance of five kilometres from the nearest runway threshold;

7) which facilitate or may facilitate the mass presence of birds (permanent feeding sources and nesting places) - within a radius of 15 kilometres from the military aerodrome reference point;

8) the height of which above the surface at the location thereof reaches 100 metres and more, and which will be located in the military aviation aircraft take-off or landing sectors but not at the place referred to in Clause 4 of this Paragraph - within a distance of 15 kilometres from the nearest runway threshold.

The Cabinet shall lay down the procedures for requesting and obtaining a permit from the Ministry of Defence to construct, install and place objects potentially hazardous to the safety of operation of specific military aerodromes.

The Cabinet shall lay down the procedures for the registration of objects potentially hazardous to the safety of military aerodrome operation.

Owners and possessors of the objects referred to in Paragraph one, Clauses 3 and 4 of this Section shall mark and equip them with protective lights in accordance with the procedures laid down by the Cabinet.

It is prohibited to place any signs in the vicinity of a military aerodrome which are similar to aviation marking signs and installations, and may mislead aircrew during a flight.

[2 October 2014; 23 November 2017; 11 October 2018]

Section 113.3 Procedures for the Construction, Installation, Placement and Designation of Objects Potentially Hazardous to the Safety of Military Aviation Area

In addition to compliance with the requirements of other laws and regulations, a permit shall be obtained from the Ministry of Defence to construct, install and place the following objects potentially hazardous to the safety of military aviation area:

1) which are explosive and emit visible laser beams - within a distance of five kilometres from the external edge of the military aviation area;

2) which may cause interference in the operation of radio equipment necessary for ensuring operation of military aviation area - within a distance of five kilometres from the external edge of the military aviation area;

3) the absolute height of which exceeds the highest point (surface of the ground) of military aviation area on the geographic relief of the area by 75 metres - within a distance of 15 kilometres from the external edge of the military aviation area;

4) which are any light sources that are directed higher than 45 degrees above the horizon and are not used for air navigation - within a distance of two kilometres from the external edge of the military aviation area;

5) which facilitate or may facilitate the mass presence of birds (permanent feeding sources and nesting places) - within a distance of not more than five kilometres from the external edge of the military aviation area.

The Cabinet shall lay down the procedures for requesting and obtaining a permit from the Ministry of Defence to construct, install and place objects potentially hazardous to the safety of operation of specific military aviation areas.

The Cabinet shall lay down the procedures for the registration of objects potentially hazardous to the safety of operation of military aviation area.

Owners and possessors of the objects referred to in Paragraph one, Clause 3 of this Section shall mark and equip them with protective lights in accordance with the procedures laid down by the Cabinet.

It is prohibited to place any signs in the vicinity of a military aviation area which are similar to aerodrome marking signs and installations, and which may mislead aircrew during a flight.

[2 October 2014/ See Paragraph 31 of the Transitional Provisions]

Section 114. Military Aviation Aircraft Register of the Republic of Latvia

The Latvian National Armed Forces shall establish and maintain a Military Aviation Aircraft Register of the Republic of Latvia. The Latvian National Armed Forces shall register in such register military aviation aircraft, granting them a national sign, as well as determine the registration sign thereof.

The military aviation aircraft national sign and registration sign shall be approved in accordance with the procedures laid down in internal regulatory enactments issued by the Minister for Defence.

Section 115. Use of Civil Aviation Aircraft for Military Needs

Civil aviation aircraft, which the Latvian National Armed Forces use for military needs, shall be comparable to military aviation aircraft, if international agreements binding to the Republic of Latvia do not provide otherwise. Civil aviation aircraft, which the Latvian National Armed Forces use for military needs without civil aviation aircrew, shall be registered in the Military Aviation Aircraft Register of the Republic of Latvia.

The Cabinet shall determine the procedures by which civil aviation aircraft are used for military needs.

[13 March 2008]

Section 116. Use of Foreign Military Aviation Aircraft

In the interests of State defence and security, the Latvian National Armed Forces may use foreign military aviation aircraft.

Foreign military aviation aircraft, which are used by the Latvian National Armed Forces, shall be comparable to Republic of Latvia military aviation aircraft if international agreements binding upon the Republic of Latvia do not provide otherwise. Section 114 of this Law shall not apply to such aircraft.

Section 117. Military Aviation Aircraft Flights

The Cabinet shall determine the procedures by which military aviation aircraft perform flights in the airspace of the Republic of Latvia.

Chapter Twelve
Administrative Violations in the Field of Civil and Military Aviation and the Competence in the Administrative Violation Procedure

[Chapter shall come into force on 1 July 2020 and shall be included in the wording of the Law as of 1 July 2020 / See Paragraph 40 of Transitional Provisions]

Section 118. Administrative Violations in the Field of Aircraft Flight Safety

[Section shall come into force on 1 July 2020 and shall be included in the wording of the Law as of 1 July 2020 / See Paragraph 40 of Transitional Provisions]

Section 119. Administrative Violations in the Field of Aircraft Operations

[Section shall come into force on 1 July 2020 and shall be included in the wording of the Law as of 1 July 2020 / See Paragraph 40 of Transitional Provisions]

Section 120. Administrative Violations in the Field of Passenger Air Transport

[Section shall come into force on 1 July 2020 and shall be included in the wording of the Law as of 1 July 2020 / See Paragraph 40 of Transitional Provisions]

Section 121. Administrative Violations in the Field of Air Transport of Baggage, Mail, and Cargo

[Section shall come into force on 1 July 2020 and shall be included in the wording of the Law as of 1 July 2020 / See Paragraph 40 of Transitional Provisions]

Section 122. Administrative Liability in the Field of Civil Aviation Security

[Section shall come into force on 1 July 2020 and shall be included in the wording of the Law as of 1 July 2020 / See Paragraph 40 of Transitional Provisions]

Section 123. Administrative Violations in the Field of Oversight of Air Traffic Management and Air Navigation Services

[Section shall come into force on 1 July 2020 and shall be included in the wording of the Law as of 1 July 2020 / See Paragraph 40 of Transitional Provisions]

Section 124. Administrative Violations in the Field of Oversight of Civil Aviation Personnel

[Section shall come into force on 1 July 2020 and shall be included in the wording of the Law as of 1 July 2020 / See Paragraph 40 of Transitional Provisions]

Section 125. Competence in the Administrative Violation Procedure

[Section shall come into force on 1 July 2020 and shall be included in the wording of the Law as of 1 July 2020 / See Paragraph 40 of Transitional Provisions]

Section 126. Procedures for Implementing the Decision to Revoke the Rights to Perform the Duties of a Civil Aviation Personnel

[Section shall come into force on 1 July 2020 and shall be included in the wording of the Law as of 1 July 2020 / See Paragraph 40 of Transitional Provisions]

Transitional Provisions

1. With the coming into force of this Law, the Law On Aviation of 23 February 1993 (Latvijas Republikas Augstākās Padomes un Valdības Ziņotājs, No. 12/13, 1993; Latvijas Republikas Saeimas un Ministru Kabineta Ziņotājs, No. 4, 1993) and the Cabinet Regulations No.78 On Amendments and Additions to the Law On Aviation (Latvijas Republikas Saeimas un Ministru Kabineta Ziņotājs, No. 10, 1993) shall be repealed.

2. [22 June 2005]

3. Section 73, Paragraphs three and four and Section 76, Paragraph three shall come into force on 1 May 2004.

[4 March 2004]

4. Until the day of the coming into force of new Cabinet regulations, but not later than by 30 November 2005, Cabinet Regulation No. 882 of 19 October 2004, Procedures by which International Public Law Subjects are Granted Permission to Use Latvian Air Space for Flights of Foreign Aircraft intended for Military Needs, shall be applied.

[22 June 2005]

5. Until the day of the coming into force of the provisions of Section 57, Paragraph one of this Law, but not later than by 30 November 2005, Cabinet Regulation No. 210 of 29 March 2005, Regulations regarding the Complex of Necessary Measures to Guarantee Civil Aviation Security, shall be in force insofar as it is not in contradiction with this Law.

[22 June 2005]

6. Up to the day when the European Union regulation regarding operation of aircraft in flight and the licensing of aviation personnel comes into force, the joint aviation requirements developed by the European Joint Aviation Authorities shall be applied.

[15 December 2005]

7. [6 October 2014]

8. The Cabinet shall issue by 1 June 2008 the regulations referred to in Section 41, Paragraphs three, four and six of this Law.

[13 March 2008]

9. The Cabinet shall issue by 1 December 2006 the regulations referred to in Section 117 of this Law.

[26 October 2006]

10. The amendment in relation to the replacement of the phrase "Aviation Accident and Incident Investigation Bureau" in the whole of the Law with the phrase "Transport Accident and Incident Investigation Bureau" shall come into force on 1 July 2007.

[29 March 2007]

11. The Cabinet shall issue by 1 February 2008 the regulations referred to in Section 54, Paragraph three of this Law.

[7 June 2007]

12. The Cabinet shall issue by 30 November 2007 the regulations referred to in Section 40, Paragraph two of this Law.

[7 June 2007]

13. Until the day of the coming into force of the regulations referred to in Section 40, Paragraph two of this Law, but not longer than up to 30 November 2007, Cabinet Regulation No 273 of 24 April 2007, Aircraft Acrobatic Flights Regulations shall be applied insofar as it is not in contradiction with this Law.

[7 June 2007]

14. The Cabinet shall issue by 1 June 2008 the regulations referred to in Section 97, Paragraph one of this Law.

[13 March 2008]

15. The Cabinet shall issue by 30 December 2008 the regulations referred to in Section 23.1, Paragraphs one and two of this Law.

[13 March 2008; 12 February 2009]

16. [9 June 2016]

17. The Cabinet shall issue by 20 February 2012 the regulations referred to in Section 23.1, Paragraph four of this Law.

[9 June 2011]

18. The Cabinet shall issue by 31 December 2010 the regulations referred to in Section 28, Paragraph one of this Law. Until the day of coming into force thereof the Cabinet Regulation No. 991 of 5 December 2006, Procedures by which the Charge for Air Navigation Services and the Services of the State Joint-stock Company "Riga International Airport" shall be determined and the Procedures for the Allocation thereof, shall be applied, insofar as it is not in contradiction with this Law.

[16 July 2009]

19. The Cabinet shall issue by 31 December 2010 the regulations referred to in Section 39, Paragraph two of this Law. Until the day of coming into force thereof the Cabinet Regulation No. 213 of 21 March 2006, Regulations Regarding the Structure of the Airspace of the Republic of Latvia and the Procedures for Change Thereof, shall be applied, insofar as it is not in contradiction with this Law.

[16 July 2009]

20. The Cabinet shall issue by 31 December 2009 the regulations referred to in Section 57, Paragraph one of this Law. Until the day of coming into force thereof the Cabinet Regulation No. 76 of 24 January 2006, Procedures for the Performance of Measures Necessary to Ensure the Security of Civil Aviation, shall be applied, insofar as it is not in contradiction with this Law.

[16 July 2009]

21. The Cabinet shall issue by 30 March 2010 the regulations referred to in Section 57, Paragraphs four and five of this Law.

[16 July 2009]

22. The Cabinet shall issue by 30 November 2010 the regulations referred to in Section 78, Paragraph four of this Law.

[30 September 2010]

23. The Cabinet shall issue by 30 November 2010 the regulations referred to in Section 82, Paragraph two of this Law. Until the day of coming into force thereof, but not later than until 30 November 2010, the Cabinet Regulation No. 158 of 21 February 2006, Procedures for Licensing of Aerial Work, shall be applied, insofar as it is not in contradiction with this Law.

[30 September 2010]

24. The Cabinet shall issue by 30 March 2011 the regulations referred to in Section 70, Paragraph one of this Law. Until the day of coming into force thereof, but not later than until 30 March 2011, the Cabinet Regulation No. 660 of 25 November 2003, Regulations Regarding the Investigation of Civil Aviation Accidents and Incidents, shall be applied, insofar as it is not in contradiction with this Law.

[30 September 2010]

25. The Cabinet shall issue by 30 December 2011 the regulations referred to in Section 27.2, Paragraph three of this Law.

[9 June 2011]

26. The Cabinet shall issue by 30 June 2012 the regulations referred to in Section 28, Paragraphs one, two and three of this Law. Until the day of coming into force thereof, but not later than until 30 June 2012, the Cabinet Regulation No. 1661 of 28 December 2009, Procedures for the Distribution of Charges for Air Navigation Services, and the Cabinet Regulation No. 1662 of 28 December 2009, Procedures for the Specification of Charges for Air Navigation Services and for Services Provided by Civil Aviation Aerodromes of State Significance, shall be applied insofar as they are not in contradiction with this Law.

[9 June 2011]

27. The Cabinet shall issue by 20 June 2011 the regulations referred to in Section 28, Paragraph six of this Law.

[9 June 2011]

28. [27 March 2014]

29. The Cabinet shall issue by 1 July 2013 the regulations referred to in Section 6.1, Paragraph three, Section 6.2, Paragraph two, Section 57.1, Paragraph five and Section 74, Paragraph four of this Law.

[21 March 2013]

30. The Cabinet shall issue by 1 July 2013 the regulations referred to in Section 82, Paragraph four of this Law.

[21 March 2013]

31. The regulation laid down in Section 113.2, Paragraphs two, three and four and Section 113.3, Paragraphs two, three and four of this Law shall not be applicable to the construction of such buildings and structures for which a construction permit has been issued by 31 March 2015. The Cabinet shall, by 28 February 2015, issue the regulations referred to in Section 113.2, Paragraphs two, three and four and Section 113.3, Paragraphs two, three and four of this Law.

[2 October 2014]

32. The Cabinet shall, by 30 March 2015, issue the regulations referred to in Section 66, Paragraphs one and two of this Law.

[2 October 2014]

33. [23 November 2017]

34. The Cabinet shall, by 25 November 2021, issue the regulations referred to in Section 4.1, Paragraph three of this Law governing the procedures for granting the State support, the amount of the State support, restrictions for granting the State support, the requirements for a person in order for him or her to receive the State support for the commencement or provision of new air transport, as well as the requirements for ensuring transparency of granting the support.

[9 June 2016; 23 November 2017; 7 November 2019; 5 December 2019]

35. The Cabinet shall, by 30 April 2017, issue the regulations referred to in Section 57, Paragraph five of this Law which lay down the procedures for the certification of personnel which implement the measures laid down in the National Civil Aviation Security Programme. Until the day of coming into force of the relevant regulations, but not later than until 30 April 2017, Cabinet Regulation No. 463 of 18 May 2010, Regulations Regarding the Certification of Persons Involved in Security Checks of Passengers, Luggage and Cargo and Certification of the Persons Involved in Preparation and Raising of Qualification of Such Persons, shall be applicable, insofar as it is not in contradiction with this Law.

[9 June 2016]

36. The Cabinet shall issue the regulations referred to in Section 29.1 of this Law by 1 March 2019.

[23 November 2017; 11 October 2018]

37. The Cabinet shall issue the regulations referred to in Section 82, Paragraph two of this Law by 31 May 2018. Until the day of coming into force of new Cabinet regulations, Cabinet Regulation No. 1447 of 10 December 2013, Regulations Regarding the State Fee for the Issue of Licence for Carriage by Air or Licence for Special Aerial Work, shall be applicable, insofar as it is not in contradiction with this Law.

[23 November 2017]

38. The Cabinet shall, by 31 May 2018, issue the regulations referred to in Section 91, Paragraphs two and three of this Law. Until the day of coming into force of new Cabinet regulations, Cabinet Regulation No. 557 of 4 July 2006, Procedures for the Performance of Special Aerial Work, shall be applicable, insofar as it is not in contradiction with this Law.

[23 November 2017]

39. The administrative acts of the Civil Aviation Agency which have been contested at the Ministry of Transport by 31 December 2018 shall be examined by the Ministry of Transport as the highest authority in accordance with the procedures laid down in the Administrative Procedure Law.

[11 October 2018]

40. Amendments to this Law regarding the new wording of Section 6, Paragraph two, Clause 4, Paragraph seven, Clause 2, and Section 6.2, Paragraph one, Clause 3, and amendments to the title of Section 41 and Paragraph two regarding substitution of the word "būvniecība" (in the respective case) with the word "būvēšana" (in the respective case), and amendments to the title of Sections 113.2 and 113.3 regarding substitution of the word "būvniecība" (in the respective case) with the word "būvēšana" (in the respective case), and also Chapter twelve shall come into force concurrently with the Law on Administrative Liability. [The abovementioned amendments refer solely to the wording in the Latvian language and have no impact on the translation into English as both "būvniecība" and "būvēšana" are translated into English as "construction".]

[20 June 2019 / The abovementioned amendments shall be included in the wording of the Law as of 1 July 2020]

Informative Reference to the European Union Directives

[11 May 2006; 13 March 2008; 21 March 2013; 23 November 2017]

This Law contains norms arising from:

1) [23 November 2017];

2) Council Directive 2004/82/EC of 29 April 2004 on the obligation of carriers to communicate passenger data;

3) [23 November 2017];

4) Directive 2006/93/EC of the European Parliament and of the Council of 12 December 2006 on the regulation of the operation of aeroplanes covered by Part II, Chapter 3, Volume 1 of Annex 16 to the Convention on International Civil Aviation, second edition (1988) (codified version) (Text with EEA relevance).

This Law has been adopted by the Saeima on 5 October 1994.

President G. Ulmanis

Adopted 20 October 1994


1 The Parliament of the Republic of Latvia

Translation © 2020 Valsts valodas centrs (State Language Centre)

 
Document information
Title: Par aviāciju Status:
In force
in force
Issuer: Saeima Type: law Adoption: 05.10.1994.Entry into force: 03.11.1994.Theme: Transport and communication; Administratīvās atbildības ceļvedisPublication: Latvijas Vēstnesis, 123, 20.10.1994.
Language:
LVEN
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