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

On Excise Duties

Chapter I
General Provisions

Section 1. Terms Used in this Law

(1) Terms used in this Law correspond to the terms used in the law On Taxes and Duties and the Handling of Alcoholic Beverages Law, unless otherwise specified by this Law.

(2) The following terms are also used in this Law:

1) excisable goods - alcoholic beverages, tobacco products, oil products, non-alcoholic beverages, coffee, natural gas, and liquid to be used in electronic cigarettes;

2) excise duty stamp - an alcoholic beverage or tobacco product excise duty stamp which is attached to the packaging of alcoholic beverages (a bottle or other packaging) or the packaging unit of tobacco products, and which certifies that the labelled alcoholic beverages or tobacco products are of legal origin and that these products are under State control in conformity with the specified rules for payment of excise duty. For tobacco products, the excise duty stamp shall also perform functions of a security element;

2¹) damaged excise duty stamp - an excise duty stamp, which has become unusable in the production, treatment, processing, packing or marking process of alcoholic beverages and tobacco products;

2²) invalid excise duty stamp - an excise duty stamp, in which in the production process thereof defects have appeared and therefore it may not be used for the marking of alcoholic beverages and tobacco products;

2³) unused excise duty stamp - an excise duty stamp, which the payer of duty has received, but has not attached to a packaging unit of an alcoholic beverage or tobacco product;

3) duty suspension arrangement - deferment of excise duty payment in relation to producing, processing, storing and relocation of excisable goods and other activities in accordance with the law;

4) Member State - any European Union Member State;

5) maximum retail selling price - the price of cigarettes (including all taxes) which is indicated (printed) on the excise duty stamp attached to the packaging unit of cigarettes or also indicated (printed) on the packaging unit of cigarettes and which conforms to the price determined for particular cigarettes by recipients of excise duty stamps upon ordering of excise duty stamps for these cigarettes;

6) weighted average retail selling price - the maximum retail selling price of cigarettes specified in a relevant time period, taking into account the total value of cigarettes released for consumption and released into free circulation, and the number of cigarettes;

7) tax warehouse - a place where an approved warehousekeeper produces, processes, stores, imports, receives, dispatches or performs other activities with excisable goods, applying duty suspension arrangement;

8) importer - a person who declares excisable goods for the customs procedure - release into free circulation - brought in the Republic of Latvia from a foreign state other than a Member State, or from a territory referred to in Section 2, Paragraph 3.¹ of this Law;

9) approved warehousekeeper - a person having the right to keep a tax warehouse in the ownership or possession thereof;

10) registered consignee - a person who does not have the status of an approved warehousekeeper but who has the right to receive alcoholic beverages, tobacco products or oil products from another Member State or from a registered consignor and an approved warehousekeeper in the Republic of Latvia, applying suspension of excise duty thereto;

11) temporarily registered consignee - a person who does not have the status of an approved warehousekeeper and who has the right to perform one specific operation - the single receipt of a specific alcoholic beverage, tobacco product or oil products from another Member State or from a registered consignor and an approved warehousekeeper in the Republic of Latvia, applying suspension of excise duty thereto;

12) distance seller - a person who, in accordance with Sections 10 and 26 of this Law, dispatches excisable goods from one Member State to another Member State to a person who does not have the status of an approved warehousekeeper, a registered consignee or a temporarily registered consignee;

13) [1 December 2009];

14) security - excise duty security by which the submitter thereof undertakes to pay excise duty for excise goods in accordance with this Law if the appropriate person fails to fulfil the requirements prescribed by the Law;

15) independent small brewery - a brewery, which is legally and economically independent of other breweries and utilises premises, which are located separately from other brewery premises, and the produced volume of beer of which does not exceed 50 thousand hectolitres annually;

16) registered consignor - a person who has the right to send only alcoholic beverages, tobacco products or oil products, applying suspension of excise duty when releasing them into free circulation in accordance with Article 201 of Regulation (EU) No 952/2013 of the European Parliament and of the Council of 9 October 2013 laying down the Union Customs Code (hereinafter - Council Regulation No 952/2013), to a tax warehouse in the Republic of Latvia or in another Member State, to a registered consignee in the Republic of Latvia or in another Member State, or to a temporarily registered consignee in the Republic of Latvia or in another Member State;

17) liquid to be used in electronic cigarettes - liquid which is used in disposable and rechargeable electronic cigarettes or is used in order to fill up an electronic cigarette, and which contains or does not contain nicotine.

[20 December 2004; 14 April 2005; 19 December 2006; 14 November 2008; 1 December 2009; 28 October 2010; 30 November 2015; 5 May 2016; 9 March 2017; 25 October 2018 / Amendment regarding supplementation of Paragraph two, Clause 2 with a sentence shall come into force on 20 May 2019. See Paragraph 106 of Transitional Provisions]

Section 2. Scope of Application of this Law

(1) This Law prescribes the procedures by which the excise duty (hereinafter - the duty) shall be imposed on excisable goods, and it applies to excisable goods regardless of their origin with which the activities specified by law in the Republic of Latvia are performed.

(2) Section 8, Paragraph five, Section 20, Paragraph two, Clause 1, Sub-clause "a", Section 25, Paragraphs one, two, three, four, five, six, seven, eight, nine, and ten, Sections 26, 31 and 32 of this Law shall not apply to activities involving liquid to be used in electronic cigarettes, non-alcoholic beverages and coffee. Section 2, Paragraphs six and seven, Section 8, Section 20, Paragraph two, Clause 1, Sub-clause "a", Section 25, except for Paragraphs seventeen and eighteen thereof, Section 26, except for Paragraph 1.² thereof, Sections 31 and 32 of this Law shall not apply to any activities involving natural gas. Section 2, Paragraphs six and seven, Sections 8, 20, 25, 26, 27, 31 and 32 of this Law shall not apply to activities with food supplements which contain alcohol and which are registered, distributed, sold, processed and supplied in accordance with the laws and regulations regarding the mandatory safety and labelling requirements for food supplements and the procedures for the registration of food supplements.

(2¹) The provisions of this Law (including regarding the payment of duty, submission of documents and others) shall not apply to the storage, movement and destruction of such excisable goods, which are real evidence or attached property in a criminal proceeding, removed property in an administrative violation matter or property falling within the jurisdiction of the State.

(3) The provisions of this Law regarding moving of excisable goods from other Member States or to other Member States shall also be applied to the following territories:

1) the Principality of Monaco (transactions with this territory shall be deemed to be transactions, which have been commenced in the French Republic or are intended for it);

2) Jungholz and Mittelberg (Kleines Walsertal) (transactions with this territory shall be deemed to be transactions, which have been commenced in the Federal Republic of Germany or are intended for it);

3) the Isle of Man (transactions with this territory shall be deemed to be transactions, which have been commenced in the United Kingdom of Great Britain and Northern Ireland or are intended for it);

4) San Marino (transactions with this territory shall be deemed to be transactions, which have been commenced in Italian Republic or are intended for it);

5) the United Kingdom territories of the Sovereign Base Areas of Akrotiri and Dhekelia (transactions with these territories shall be deemed to be transactions, which have been commenced in Cyprus or are intended for it).

(3¹) The provisions of this Law regarding moving of excisable goods from other Member States or to other Member States shall not be applied to the following territories:

1) Federal Republic of Germany - to the Island of Heligoland and the territory of Buesingen;

2) Italian Republic - to Livigno;

3) Kingdom of Spain - to Ceuta, Melilla and the Canary Islands;

4) French Republic - to the overseas departments of the French Republic, including Mayotte);

5) Republic of Finland - to the Åland Islands;

6) United Kingdom of Great Britain and Northern Ireland and the French Republic - to the Channel Islands.

(4) The conditions of this Law regarding the storage of excisable goods, duty suspension arrangement, relocation, dispatch, receipt, production, processing, treatment, packaging, blending of oil products, excise duty stamps, special permits (licences) and the need for security shall not apply to excisable goods which are imported in the customs territory of the Union in temporary storage, free zones or free warehouses or to which the specific procedures referred to in Article 210 of Council Regulation No 952/2013 are applied.

(5) [1 December 2009]

(6) A special permit (licence) shall be required for the following specific activities with excisable goods:

1) activities of an approved warehousekeeper;

2) activities of a registered consignee with alcoholic beverages, tobacco products or oil products;

3) activities of a registered consignor with alcoholic beverages, tobacco products or oil products;

4) wholesale trade of alcoholic beverages, tobacco products or oil products;

5) retail trade of alcoholic beverages, tobacco products or oil products;

6) [22 April 2010].

(6¹) A special permit (licence) shall be necessary for the following activities with natural gas:

1) the activities of an approved warehousekeeper with natural gas (including liquefied natural gas and compressed natural gas) if natural gas is not transported through natural gas transmission and distribution system pipelines (hereinafter - the warehousekeeper approved for activities with natural gas);

2) for the retail trade of natural gas as a fuel.

(7) The Cabinet shall specify procedures for the circulation of excisable goods, including:

1) the procedures for issuing, re-registering, cancelling, suspending and using a licence, and also the procedures by which a permit for the movement, sale or destruction of the remainders of excisable goods shall be issued, the rate of the State fee and the procedures for paying for the issue and re-registration of the special permit (licence);

2) other requirements for the activities of an approved warehousekeeper, registered consignor and registered consignee;

3) requirements for the activities of an importer, temporarily registered consignee and distance seller;

4) other requirements in accordance with this Law.

(7¹) The Cabinet shall determine the procedures for the circulation of natural gas, including:

1) the procedures for the issue, re-registration, cancellation, and use of the special permit (licence) for activities with natural gas, as well as the rate of the State fee and the payment procedures for the issue and re-registration of the special permit (licence);

2) the procedures by which a combined natural gas transmission and storage system operator and natural gas distribution system operator provide information to the State Revenue Service regarding indicators of the circulation of natural gas.

(8) Contestation or appeal of an unfavourable decision in relation to the re-registration, suspension or cancellation of such licences or certain conditions thereof, permits, attestations, certificates or statements, which are provided for in the laws and regulations issued on the basis of the law, shall not suspend the operation of such decision.

[18 March 2004; 20 December 2004; 19 December 2006; 12 December 2008; 1 December 2009; 22 April 2010; 14 April 2011; 30 November 2015; 5 May 2016; 9 March 2017; 25 October 2018; 6 February 2020]

Chapter II
Taxable Objects

Section 3. Taxable Alcoholic Beverages

(1) The following alcoholic beverages shall be taxable:

1) beer;

2) wine;

3) fermented beverages;

4) intermediate products;

5) other alcoholic beverages referred to in Paragraph six of this Section.

(2) Beer is a fermented alcoholic beverage produced from malt and water by adding hops with absolute alcohol content exceeding 0.5 per cent by volume which is classified within Annex 1 to Combined Nomenclature that has been determined in Council Regulation (EEC) No 2658/87 of 23 July 1987 on the tariff and statistical nomenclature and on the Common Customs Tariff (hereinafter - the Combined Nomenclature) under the code 2203, as well as beer beverages containing a mixture of beer and non-alcoholic beverages or the components thereof with absolute alcohol content exceeding 0.5 per cent by volume which are classified within the Combined Nomenclature under the code 2206.

(3) The following shall be deemed to be wine:

1) still wine - a product which is classified within the Combined Nomenclature under the codes 2204 and 2205 only if it has been acquired by fermenting natural wine materials, if the actual alcoholic strength in it exceeds 1.2 per cent by volume but does not exceed 18 per cent by volume and the alcohol contained in the finished product is entirely of fermented origin;

2) sparkling wine - a product which is classified within the Combined Nomenclature under the codes 2204 and 2205 only if it has been acquired by fermenting natural wine materials, if the actual alcoholic strength in it exceeds 1.2 per cent by volume but does not exceed 15 per cent by volume and the alcohol contained in the finished product is entirely of fermented origin. The product has an excess pressure in liquid (three bars or more) due to the presence of carbon dioxide and it is filled in bottles with specially fastened mushroom stoppers or in other packaging.

(4) The following shall be deemed to be fermented beverages:

1) still fermented beverages - products (except for wine and beer) which are classified within the Combined Nomenclature under the codes 2204, 2205 and 2206 only if the actual alcoholic strength exceeds 1.2 per cent by volume but does not exceed 15 per cent by volume and the alcohol contained in the finished product is entirely of fermented origin;

2) sparkling fermented beverages - products (except for wine and beer) which are classified within the Combined Nomenclature under the codes 2204, 2205 and 2206 only if the actual alcoholic strength exceeds 1.2 per cent by volume but does not exceed 15 per cent by volume and the alcohol contained in the finished product is entirely of fermented origin. The products have an excess pressure in liquid (three bars or more) due to the presence of carbon dioxide and these products are filled in bottles with specially fastened mushroom stoppers or in other packaging.

(5) Intermediate products shall be deemed to be products (except for wine and fermented beverages) which are classified within the Combined Nomenclature under the codes 2204, 2205 and 2206 only if the basic raw material thereof is wine or fermented beverages and the actual alcoholic strength exceeds 1.2 per cent by volume but does not exceed 22 per cent by volume.

(6) The following shall be deemed to be other alcoholic beverages:

1) alcohol - a product classified within the Combined Nomenclature under the codes 2207, 2208 90 91 0 and 2208 90 99 0;

2) products classified within the Combined Nomenclature under the code 2208 in which the actual alcoholic strength exceeds 1.2 per cent by volume, except for alcohol;

3) products classified within the Combined Nomenclature under the codes 2204, 2205 and 2206 in which the actual alcoholic strength exceeds 1.2 per cent by volume but which do not meet the conditions specified in Paragraphs three, four and five of this Section;

4) any other food products in which the actual alcoholic strength exceeds 1.2 per cent by volume, except for those specified in Paragraphs two, three, four and five of this Section and Clauses 1, 2 and 3 of this Paragraph.

(7) The Cabinet shall determine the procedures by which alcoholic beverages shall be used for production of such food supplements, which are registered, distributed, sold, processed and supplied in accordance with the laws and regulations regarding the mandatory safety and labelling requirements for food supplements and the procedures for the registration of food supplements.

[20 December 2004; 14 November 2008; 14 April 2011; 6 February 2020]

Section 4. Taxable Tobacco Products

(1) The following tobacco products shall be taxable:

1) cigars and cigarillos;

2) cigarettes;

3) smoking tobacco:

a) fine-cut tobacco intended for the rolling of cigarettes;

b) other smoking tobacco;

4) tobacco leaves;

5) heated tobacco.

(2) The following tobacco products shall be deemed to be cigars and cigarillos (if they can only be smoked as they are, using combustion process):

1) rolls of tobacco with an outer wrapper of natural tobacco;

2) rolls of tobacco with a filling of fine-cut mixed tobacco and with a reconstituted tobacco outer wrapper of the normal colour of a cigar, which fully covers the product and, where appropriate, also the filter thereof (but not the mouthpiece, if any) and:

a) the weight of the product, not including filter or mouthpiece, is not less than 2.3 grams and not more than 10 grams and the outer measurement of the product is not less than 34 millimetres at least for a third of its length (cigar),

b) the weight of the product, not including filter or mouthpiece, is not less than 2.3 grams and not more than 3 grams and the outer measurement of the product is not less than 34 millimetres at least for a third of its length (cigarillo).

(2¹) [14 April 2011]

(3) The following tobacco products shall be deemed to be cigarettes (if they are used, using combustion process):

1) rolls of tobacco, which may be smoked as they are and which are not cigars or cigarillos;

2) rolls of tobacco which have not undergone industrial processing and are inserted into cigarette-paper tubes;

3) rolls of tobacco, which have not undergone industrial processing and are wrapped in cigarette paper.

(4) The following shall be deemed to be smoking tobacco:

1) cut or otherwise split tobacco which has been twisted or pressed into blocks and which may be smoked without further industrial processing; and

2) tobacco refuse, which is not referred to in Paragraphs two and three of this Section and which may be smoked. Tobacco leaf refuse and by-products, which have been acquired by processing tobacco and producing tobacco products, shall be considered as tobacco refuse.

(5) Smoking tobacco referred to in Paragraph four of this Section in which at least 25 % by weight are cut or otherwise split tobacco leaves or tobacco substitute particles which are narrower than 1.5 millimetres shall be deemed to be fine-cut tobacco for the rolling of cigarettes.

(6) Products only partially consisting of tobacco, but otherwise conforming to the conditions of Paragraph two of this Section shall be deemed to be cigars or cigarillos.

(7) Products consisting in whole or partially of plants, herbs, fruit or substances other than tobacco (herbal products for smoking), but otherwise conforming to the conditions of Paragraphs three or four of this Section shall be deemed to be cigarettes or smoking tobacco respectively.

(8) Products in the composition of which is not tobacco and which are used only for medicinal purposes, which is certified by the State Agency of Medicines, shall not be deemed to be tobacco products.

(9) The following shall be deemed to be tobacco leaves:

1) tobacco leaves and other raw materials for production of tobacco products which are classified in Item 2401 10 or 2401 20 of goods of the Combined Nomenclature;

2) homogenized or reconstituted tobacco which conforms to Code 2403 91 00 of the Combined Nomenclature.

(10) Industrially processed tobacco which has been prepared in order to discharge vapour containing nicotine, without using combustion process, shall be deemed to be heated tobacco.

[19 December 2006; 14 November 2008; 28 October 2010; 14 April 2011; 17 December 2014; 30 November 2015; 5 May 2016]

Section 4.¹ Taxable Liquids to be Used in Electronic Cigarettes

The duty shall be imposed on liquid to be used in disposable and refillable electronic cigarettes which contains or does not contain nicotine, as well as the liquid which is used in order to fill up an electronic cigarette and which contains or does not contain nicotine.

[30 November 2015 / Section shall come into force on 1 July 2016. See Paragraph 88 of Transitional Provisions]

Section 5. Taxable Oil Products

(1) Oil products, the substitute products and components thereof, as well as other products consisting in whole or partially of hydrocarbons shall be taxable.

(2) Taxable oil products, which are classified within the Combined Nomenclature under the codes 27 and 29, other as well as other Combined Nomenclature groups are specified in the Annex to this Law.

(3) Other products (irrespective of the fact in which Combined Nomenclature group these products have been included), which are not referred to in the Annex to this Law if the products referred to are sold or intended for sale, are used or are intended for dual use or as fuel, heating fuel or the substitute product or component thereof shall also be taxable.

(3¹) Products shall be dual used, if they are used both as heating fuel and for other purposes that are not use as fuel or heating fuel. The use of products for chemical reduction, in electrolytic or in metallurgical processes shall be considered as dual use.

(4) Paragraph three of this Section shall not apply to biogas and other gaseous hydrocarbons of biological origin, coal, peat or other similar solid products. Paragraph three of this Section shall also not apply to products which are dual used, if they are not referred to in the regulatory enactment issued on the basis of the delegation specified in Paragraph five of this Section.

(5) The products referred to in Paragraph three of this Section, which in accordance with Section 18, Paragraph one, Clause 1 of this Law are supplied and used for other purposes and not for fuel or heating fuel, or are supplied and dual used, in accordance with Section 18, Paragraph one, Clause 6 of this Law, shall be subject to the conditions for movement and control of excisable goods provided for in this Law in the cases and in accordance with the procedures stipulated by the Cabinet.

[20 December 2004; 19 December 2006; 14 November 2008; 12 June 2009; 1 December 2009; 6 November 2013]

Section 6. Taxable Non-alcoholic Beverages and Coffee

(1) The taxable object shall be non-alcoholic beverages - water and mineral water with added sugar, other sweetener or flavouring, and other non-alcoholic beverages, as well as other beverages not conforming to the definition of alcoholic beverages referred to in this Law, except fruit and vegetable juice and nectar, beverages which contain not less than 10 per cent of juice (except for fruit juices made of concentrate), not more than 10 per cent of added sugar and which do not contain food additives and flavourings, natural water and mineral water, water enriched with minerals and vitamins, and without added sugar, other sweetener or flavouring.

(2) The taxable object shall be coffee - ground or not ground, roasted or not roasted, with caffeine or decaffeinated, which is classified within the Combined Nomenclature under the code 0901, as well as coffee extracts, essences and concentrates and products based on such extracts, essences or concentrates or on coffee, which is classified within the Combined Nomenclature under the codes 210 111 or 210 112.

[14 April 2011; 15 December 2011; 30 November 2015]

Section 6.¹ Taxable Natural Gas

(1) Natural gas which conforms to the Combined Nomenclature Codes 2711 11 00 and 2711 21 00 and is supplied to end users shall be taxable, except in the cases specified in this Law.

(2) Natural gas which is used as follows by an end user shall not be taxable:

1) which is used for purposes other than fuel or heating fuel;

2) which is dual used, in accordance with the conditions referred to in Section 5, Paragraph 3.¹ of this Law;

3) which is used for mineralogical processes conforming to the economic activities referred to in Section C "Manufacturing", Division 23 "Manufacture of other non-metallic mineral products" of Annex I to Regulation (EC) No 1893/2006 of the European Parliament and of the Council of 20 December 2006 establishing the statistical classification of economic activities NACE Revision 2 and amending Council Regulation (EEC) No 3037/90 as well as certain EC Regulations on specific statistical domains (hereinafter - Regulation No 1893/2006).

(3) [6 February 2020]

(4) Paragraph two, Clause 1 of this Section shall also apply to natural gas which is used by the combined natural gas transmission and storage system operator and natural gas distribution system operator for the technological needs of the natural gas transmission, storage or distribution system.

(5) The Cabinet shall determine the procedures by which:

1) the duty shall be imposed on the natural gas referred to in Paragraph one of this Section;

2) the duty shall not be imposed on the natural gas referred to in Paragraph two of this Section;

3) [6 February 2020].

[9 March 2017; 6 February 2020]

Chapter III
Taxpayers

Section 7. Types of Payers of the Duty

Payers of the duty shall be:

1) an importer;

2) an approved warehousekeeper in the cases laid down in this Law;

2¹) the warehousekeeper approved for activities with natural gas;

3) a registered consignor, a registered consignee, a temporarily registered consignee or a distance seller in the cases laid down in this Law;

4) a person that brings into the Republic of Latvia or receives from another Member State excisable goods which have already been released into free circulation in another Member State;

5) a person who imports or receives non-alcoholic beverages, coffee, or liquid to be used in electronic cigarettes in the Republic of Latvia;

5¹) a natural gas trader, a public trader, and an operator or natural gas distribution system operator, if the abovementioned persons supply natural gas to end users, or an end user of natural gas who imports natural gas for own consumption into the Republic of Latvia;

5²) a person who purchases natural gas in another Member State, brings in, and sells it in retail as fuel;

5³) a person of another Member State who sells non-alcoholic beverages or coffee by using a distance contract;

6) other persons in accordance with this Law.

[1 December 2009; 30 November 2015; 9 March 2017; 25 October 2018]

Section 8. Approved Warehousekeeper

(1) An approved warehousekeeper may operate with excisable goods in the tax warehouse, applying the duty suspension arrangement thereto.

(2) The approved warehousekeeper shall record, register and be liable for any activities involving excisable goods in the tax warehouse.

(3) Excisable goods, which are in the tax warehouse, shall be subject to the duty suspension arrangement. Until the time when the duty for excisable goods is paid or the goods are exempted from payment of the duty in accordance with this Law, a security shall be submitted. A security need not be submitted for non-alcoholic beverages, coffee, and liquid to be used in electronic cigarettes.

(4) The following activities shall only be permitted in the tax warehouse:

1) production, treatment and processing of excisable goods;

2) packing of excisable goods;

3) mixing of oil products (including mixing with other substances) and any other activities with oil products resulting in a change of the operating, physical or chemical properties thereof and as a result of which the acquired product is a taxable object;

4) storage of excisable goods, applying the duty suspension arrangement to the excisable goods;

5) other activities not referred to in Clauses 1, 2, 3 and 4 of this Paragraph, applying the duty suspension arrangement to the excisable goods.

(5) In order to establish and hold a tax warehouse, the general security specified in Section 31 of this Law shall be submitted.

[1 December 2009; 22 April 2010; 30 November 2015 / Amendment to Paragraph three regarding replacement of the words "for non-alcoholic beverages and coffee" with the words "for non-alcoholic beverages, coffee, and liquid to be used in electronic cigarettes" shall come into force on 1 July 2016. See Paragraph 88 of Transitional Provisions]

Section 9. Registered Consignee and Temporarily Registered Consignee

(1) A registered consignee and a temporarily registered consignee may receive excisable goods from another Member State, a registered consignor in the Republic of Latvia and an approved warehousekeeper in the Republic of Latvia, applying the duty suspension arrangement thereto. An approved warehousekeeper of another Member State or a registered consignor of another Member State may authorise a registered consignee or a temporarily registered consignee in the Republic of Latvia to order and receive excise duty stamps, and in this case the authorised registered consignee or the temporarily registered consignee shall be responsible for payment of the duty.

(2) The registered consignee and the temporarily registered consignee shall be responsible for payment of the duty in accordance with this Law.

(3) The registered consignee and the temporarily registered consignee do not have the right to store, dispatch or carry out other activities with excisable goods, applying the duty suspension arrangement thereto.

(4) Prior to the commencement of activities of a registered consignee the general security specified in Section 31 of this Law shall be submitted. In order for a temporarily registered consignee to be able to carry out activities with excisable goods, the one-time security specified in Section 31 of this Law shall be submitted in advance.

(5) The registered consignee and the temporarily registered consignee shall record, register and be liable for all excisable goods received thereby.

[1 December 2009 / The new wording of the Section shall come into force on 1 April 2010. See Paragraph 41 of Transitional Provisions]

Section 9.¹ Registered consignor

(1) A registered consignor shall only be permitted to dispatch excisable goods, applying the duty suspension arrangement thereto, when the excisable goods are released into free circulation.

(2) The registered consignor shall be responsible for payment of the duty in accordance with this Law.

(3) The registered consignor does not have the right to store or carry out other activities with excisable goods, applying the duty suspension arrangement thereto.

(4) Prior to the commencement of activities of a registered consignor the general security specified in Section 31 of this Law shall be submitted.

(5) The registered consignor shall record, register and be liable for all excisable goods which are dispatched.

[1 December 2009 / Section shall come into force on 1 April 2010. See Paragraph 41 of Transitional Provisions]

Section 10. Distance Seller

(1) A person who, in accordance with the requirements laid down in Section 26 of this Law, receives excisable goods in the Republic of Latvia from a distance seller of another Member State shall be responsible for payment of the duty on behalf of the distance seller of relevant other Member State and other requirements laid down in this Law. The distance seller of another Member State shall be responsible for the payment of the duty in the Republic of Latvia if the person who receives excisable goods in accordance with Section 26 of this Law fails to pay the duty in accordance with this Law.

(2) The distance seller sending excisable goods from the Republic of Latvia to other Member States shall be liable for the payment of the duty in the relevant Member State.

(3) [14 November 2008]

(4) The distance seller shall keep records of the excisable goods, as well as submit the appropriate documents to the tax authority or inform it of other necessary information in accordance with this Law.

[20 December 2004; 14 November 2008; 1 December 2009 / The new wording of Paragraph one shall come into force on 1 April 2010. See Paragraph 41 of Transitional Provisions]

Section 11. Representative of the Payer of the Duty

[1 December 2009 / See Paragraph 41 of Transitional Provisions]

Chapter IV
Tax Rates

Section 12. Duty Rates for Alcoholic Beverages

(1) The duty for alcoholic beverages shall be calculated according to the following rates:

1) for beer (per 100 litres) - 8.2 euros for each per cent of absolute alcohol by volume which has been expressed with an accuracy up to one tenth, but not less than 15.2 euros per 100 litres of beer;

2) for wine (per 100 litres) - 111 euros;

3) for fermented beverages (per 100 litres):

a) with the absolute alcohol content up to 6 per cent by volume (inclusive) - 64 euros,

b) with the absolute alcohol content above 6 per cent by volume - 111 euros,

4) for intermediate products (per 100 litres):

a) with the absolute alcohol content up to 15 per cent by volume (inclusive) - 111 euros,

b) with the absolute alcohol content from 15 per cent by volume (not inclusive) to 22 per cent by volume (inclusive) - 185 euros.

5) for other alcoholic beverages (per 100 litres of absolute alcohol) - 1724 euros.

(2) For beer produced by independent small breweries (per 100 litres), the duty shall be calculated for each per cent of absolute alcohol by volume, which is expressed with an accuracy up to one tenth, on the basis of the following rates:

1) for the first 10 thousand hectolitres of beer produced in one calendar year - 50 per cent of the rate laid down in Paragraph one, Clause 1 of this Section, but not less than 15.2 euros per 100 litres of beer;

2) for remainder of beer produced in one calendar year - according to the rate laid down in Paragraph one, Clause 1 of this Section, but not less than 15.2 euros per 100 litres of beer.

(3) The Cabinet shall lay down the procedures by which the State Revenue Service issues a certificate which confirms the status of an independent small brewery, refuses to grant the status of an independent small brewery, cancels the certificate which grants the status of an independent small brewery and applies the excise duty rate specified in Paragraph two of this Section.

(4) The rate of 50 per cent of the rate specified in Paragraph one, Clause 5 of this Section shall be applied to other alcoholic beverages produced by small-scale merchants producing alcoholic beverages in one calendar year per 1000 litres of absolute alcohol.

(5) The rate specified in Paragraph four of this Section shall be applied to alcoholic beverages produced in other Member States and imported therefrom within a calendar year per 1000 litres of absolute alcohol, if the payer of excise duty proves (by appending the relevant documents to the excise duty return) that other alcoholic beverages received have been produced by a small-scale merchant producing alcoholic beverages in another Member State.

[14 April 2005; 10 November 2005; 14 November 2008; 12 December 2008; 12 June 2009; 1 December 2009; 14 April 2011; 19 September 2013; 18 June 2015; 30 November 2015; 27 July 2017; 25 October 2018; 20 February 2020 / See Paragraphs 79, 80, 81, 82, 83, 84, 85, 86, and 87 of Transitional Provisions]

Section 13. Duty Rates for Tobacco Products

(1) The duty for tobacco products shall be calculated according to the following rates:

1) for cigars and cigarillos (per 1000 cigars or cigarillos) - 95.2 euros;

2) for cigarettes:

a) 78.7 euros per 1000 cigarettes,

b) 20 per cent of the maximum retail selling price;

3) for smoking tobacco (per 1000 grams of tobacco):

a) for fine-cut tobacco intended for the rolling of cigarettes - 75 euros;

b) for other smoking tobacco - 75 euros;

4) for tobacco leaves - 75 euros (per 1000 grams of tobacco leaves);

5) for heated tobacco - 75 euros (per 1000 grams of heated tobacco).

(1¹) When adding up the amounts acquired by applying the tax rates for cigarettes laid down in Paragraph one, Clause 2, Sub-clauses "a" and "b" of this Section, the calculated tax shall not be less than 114.7 euros for 1000 cigarettes.

(2) A taxable cigarette (with or without a filter) shall be a cigarette the length of which does not exceed 80 millimetres (not counting the filter or mouthpiece).

(3) For a cigarette the length of which exceeds 80 millimetres (not counting the filter or mouthpiece), but does not exceed 110 millimetres (not counting the filter or mouthpiece) double amount of the duty specified in Paragraph one, Clause 2, Sub-clause "a" of this Section shall be imposed, but the calculated tax shall not be less than double the amount of the tax specified in Paragraph 1.¹ of this Section. For cigarettes the length of which exceeds 110 millimetres (not counting the filter or mouthpiece), but does not exceed 140 millimetres (not counting the filter or mouthpiece) triple the amount of the duty laid down in Paragraph one, Clause 2, Sub-clause "a" of this Section shall be imposed, but the calculated tax shall not be less than triple the amount of the tax specified in Paragraph 1.¹ of this Section. For cigarettes the length of which exceeds 140 millimetres (not counting the filter or mouthpiece) the amount of the rate and the lowest amount of duty shall be determined on the basis of the previously referred to principle.

[10 November 2005; 19 December 2006; 14 November 2008; 1 December 2009; 28 October 2010; 14 April 2011; 19 September 2013; 6 November 2013; 17 December 2014; 30 November 2015; 23 November 2016; 27 July 2017 / See Paragraphs 13, 55, 56, 57, 58, 59 and 60 of Transitional Provisions]

Section 13.¹ Duty Rates for Liquid to be Used in Electronic Cigarettes

(1) The duty for liquid to be used in electronic cigarettes shall be calculated according to the following rates:

1) for 1 millilitre of liquid - 0.01 euro;

2) for 1 milligram of nicotine - 0.005 euro.

(2) The duty calculated for liquid to be used in electronic cigarettes shall be obtained by summing up the duty rates specified in Paragraph one, Clauses 1 and 2 of this Section.

[30 November 2015 / Section shall come into force on 1 July 2016. See Paragraph 88 of Transitional Provisions]

Section 14. Duty Rates for Oil Products

(1) For oil products, except the cases referred to in Paragraphs two, three, four, five and six of this Section, the duty shall be calculated according to the following rates:

1) for unleaded petrol, the substitute products and components thereof (per 1000 litres) - 509 euros;

2) for leaded petrol, the substitute products and components thereof (per 1000 litres) - 594 euros;

3) for kerosene, the substitute products and components thereof (per 1000 litres) - 414 euros;

4) for diesel fuel (gas oil), the substitute products and components thereof (per 1000 litres) - 414 euros;

5) for petroleum gases and other gaseous hydrocarbons (per 1000 kilograms) - 285 euros;

6) for fuel oil, the colorimetric index of which is less than 2.0 and kinematic viscosity at 50 °C is less than 25 mm2/s, the substitute products and components thereof, except the fuel oils referred to in Clause 7 of this Paragraph (per 1000 litres) - 414 euros;

7) for fuel oil, the colorimetric index of which is equal to 2.0 or larger or kinematic viscosity at 50^oC is equal to 25 mm²/s or larger, the substitute products and components thereof (per 1000 kilograms) - 15.65 euros.

(2) For oil products referred to in Paragraph one, Clauses 3, 4 and 6 of this Section the duty shall be calculated according to the rate 56.91 euros per 1000 litres, if the relevant oil products are labelled (marked) in accordance with Section 28 of this Law and they are used as heating fuel for the production of heat for heating, combustion installations or for the production of heat energy in a production (processing) of products technological process (hereinafter - heating fuel). If in such case the rapeseed oil forms at least five per cent of the total amount of products in the composition of the referred to oil products or biodiesel derived from rapeseed oil, the duty shall be calculated according to the rate 21.34 euros per 1000 litres.

(2¹) For waste oils which are classified within the Combined Nomenclature under the code 2710, except for the products referred to in Paragraph one, Clause 7 of this Section, in accordance with the procedures stipulated by the Cabinet, the applicable duty shall be the duty specified in Paragraph two of this section if they are sold or intended for sale, are used or are intended for use as heating fuel. In such case, the provision for labelling (marking) shall not be applicable to the waste oils.

(2²) For diesel fuel (gas oil) and such diesel fuel (gas oil) to which biodiesel fuel acquired from rapeseed is added and the relevant oil products are labelled (marked) in accordance with Section 28 of this Law, if they are used in accordance with the type, purposes, and conditions referred to in Section 18, Paragraph five or Paragraph 6.⁴ of this Law, the duty per 1000 litres shall be calculated in the amount of 15 per cent from the rate specified in Paragraph one, Clause 4 of this Section.

(3) If for the oil products referred to in Paragraph one, Clause 1 of this Section ethyl alcohol which is acquired from agricultural raw materials and which has been dehydrated (with alcohol content of at least 99.5 per cent by volume) is added, and the content of the ethyl alcohol added is from 70 to 85 per cent by volume (inclusive) of the total quantity of products, for the relevant products (for 1000 litres) the duty shall be calculated in the amount of 30 per cent from the rate specified in Paragraph one, Clause 1 of this Section, if one of the following conditions is met:

1) ethyl alcohol has been added in a tax warehouse in the Republic of Latvia;

2) the referred to mixture of oil products and ethyl alcohol has been imported from a Member State.

(4) If biodiesel fuel acquired from rapeseed oil is added to the oil products referred to in Paragraph one, Clause 4 of this Section, the duty for the relevant products shall be calculated on the basis of the rate specified in Paragraph one, Clause 4 of this Section.

(5) For rapeseed oil which is sold or used as heating fuel or fuel, and for biodiesel fuel fully acquired from rapeseed oil the duty shall be calculated on the basis of the rate 0 euros per 1000 litres, if one of the following conditions is met:

1) the rapeseed oil or biodiesel fuel fully acquired from rapeseed oil has been produced in the Republic of Latvia;

2) the rapeseed oil or biodiesel fuel fully acquired from rapeseed oil has been imported from a Member State.

(5¹) When importing the products referred to in Paragraphs three, four and five of this Section from a Member State, the conformity thereof with the conditions referred to in these paragraphs shall be attested by the documents specified in the laws and regulations regarding the conformity assessment of petrol and biodiesel fuel or quality requirements for biodiesel fuel, which contain information regarding the biological origin of the referred to products.

(6) For the oil products referred to in Paragraph one, Clause 5 of this Section the duty shall be calculated according to the rate 0 euros per 1000 kilograms if the relevant oil products are supplied to persons who use them as heating fuel or in gas furnaces and other equipment, not as fuel.

(7) The Cabinet shall determine the procedures for circulation of the oil products referred to in Paragraphs two, three, four and five of this Section and for the administration of the relevant duty.

(8) If the products are sold or intended for sale, are used or are intended for use as fuel, heating fuel or for the substitute products and components thereof and the duty rate has not been laid down in this Law, a duty corresponding to the use thereof shall be applied on the basis of the equivalent fuel or heating fuel rates, which are specified in Paragraphs one and two of this section. The provision regarding labelling (marking) in accordance with Section 28 of this Law shall be applicable to the heating fuel.

[20 December 2004; 14 April 2005; 19 December 2006; 8 November 2007; 12 December 2008; 12 June 2009; 1 December 2009; 28 October 2010; 20 December 2010; 14 April 2011; 19 September 2013; 6 November 2013; 17 December 2014; 30 November 2015; 10 December 2015; 27 July 2017; 6 February 2020]

Section 15. Duty Rates for Non-alcoholic Beverages and Coffee

(1) The duty rate for non-alcoholic beverages (per 100 litres) shall be 7.40 euros.

(1¹) [Paragraph shall come into force on 1 January 2022 and shall be included in the wording of the Law on 1 January 2022 / See Paragraph 111 of Transitional Provisions]

(2) The duty rate for coffee (per 100 kilograms) shall be EUR 142.29.

[19 September 2013 / The new wording of Paragraph one shall come into force on 1 January 2022 and shall be included in the wording of the Law as of 1 January 2022. See Paragraph 111 of Transitional Provisions]

Section 15.¹ Duty Rates for Natural Gas

(1) Duty for natural gas shall be calculated according to the following rates:

1) for use as the heating fuel - EUR 1.65 per megawatt hour (MWh), taking into account the gross calorific value of natural gas;

2) for use as fuel - EUR 9.64 per megawatt hour (MWh), taking into account the gross calorific value of natural gas;

3) for use as the heating fuel - EUR 0.55 per megawatt hour (MWh), taking into account the gross calorific value of natural gas:

a) in industrial production processes and other processes related to production, for the operation of technological equipment for pre-treatment of agricultural raw materials and for the provision of the technologically required climate in industrial production premises and premises for pre-treatment of agricultural raw materials;

b) for heat supply of covered areas (greenhouses) of agricultural land according to the economic activities referred to in Division 01, Group 01.1, Classes 01.13 and 01.19 and Group 01.2, Classes 01.25 and 01.28 of Section A "Agriculture, forestry and fishing" of Annex I to Regulation No 1893/2006;

c) for heat supply of industrial poultry holdings (poultry house) and incubators according to the economic activities referred to in Division 01, Group 01.4, Class 01.47 of Section A "Agriculture, forestry and fishing" of Annex I to Regulation No 1893/2006.

(2) For the application of Paragraph one, Clause 3, Sub-clause "a" of this Section such manufacturing processes, which conform to the economic activities referred to in Divisions 10-22 and Divisions 24-33 of Section C "Manufacturing" of Annex I to Regulation No 1893/2006, and raw material pre-treatment processes, which conform to economic activities referred to in Division 01, Group 01.6, Class 01.63 of Section A "Agriculture, forestry and fishing" of Annex I to Regulation No 1893/2006, shall be deemed industrial manufacturing.

(3) Paragraph one, Clause 3 of this Section shall also apply to natural gas, which is used for the purposes referred to in Paragraph one, Clause 3 of this Section in undertakings that are located in a territory allocated for economic activity, which has one manager (in an industrial park).

(4) The Cabinet shall determine the procedures for administration of the duty referred to in Paragraph one, Clause 3 of this Section.

[6 November 2013; 9 March 2017; 6 February 2020]

Chapter V
Exemptions and Relief

Section 16. Duty Exemptions for Alcoholic Beverages

(1) The following alcoholic beverages shall be exempt from the duty:

1) denatured alcohol;

2) alcoholic beverages, which are utilised for the determination of the quality of alcoholic beverages;

3) alcohol intended for medical and veterinary medical purposes, which is used in medical and veterinary medical treatment institutions and pharmacies;

4) alcohol for the production of medicinal products and veterinary medicinal products in accordance with the requirements of the laws and regulations regarding the circulation of medicinal products and veterinary medicinal products;

4¹) food supplements which contain alcohol and which are registered, distributed, sold, processed and supplied in accordance with the laws and regulations regarding the mandatory safety and labelling requirements for food supplements and the procedures for the registration of food supplements, if the content of absolute alcohol does not exceed 80 millilitres per packaging;

5) alcohol (if denatured alcohol may not be used in the relevant cases):

a) that is used for scientific research purposes;

b) that is used for the determination of the quality of other products or goods (except for alcoholic beverages);

c) that is included in devices and mechanisms as an integral component or ensures operation of devices and mechanisms;

d) that is used for the production of cosmetic products;

e) that is used in food industry (except for the use as a raw material for the production of alcoholic beverages and in production of products containing alcohol that fall within the Combined Nomenclature under the codes 2106 and 3302);

f) that is used for the production of such substances, which are used for the production of medicinal products and veterinary medicinal products;

6) wine, fermented beverages or beer produced by a natural person for his or her own consumption, provided that they are not for sale;

7) alcoholic beverages contained in chocolate products or other food products if the conditions specified in Paragraph three of this Section are complied with;

8) alcohol contained in vinegar and other products that fall within the Combined Nomenclature under the code 2209;

9) alcohol contained in products that fall within the Combined Nomenclature under the codes 2106 and 3302 or which are intended for the production of such food products or non-alcoholic beverages in which the actual alcoholic strength does not exceed 1.2 per cent by volume;

10) products that conform to the definition of alcoholic beverages and which are destroyed or it is otherwise ensured that they are not suitable for consumption or usable for the production of alcoholic beverages or other products to be used for consumption.

(2) The Cabinet shall determine the procedures for denaturing of alcohol and circulation of denatured alcohol.

(3) The duty exemption referred to in Paragraph one, Clause 7 of this Section shall be applied to alcoholic beverages if the alcoholic content does not exceed 8.5 litres of absolute alcohol per 100 kilograms of chocolate products or 5 litres of absolute alcohol per 100 kilograms of other food products.

(4) If the conditions specified in Paragraph three of this Section are not complied with, duty on the referred to alcoholic beverages shall be calculated in regard to the entire volume of alcohol used according to the duty rates laid down in Section 12 of this Law.

(5) The Cabinet shall prescribe the procedures by which the duty exemptions laid down in Paragraph one, Clauses 4.¹, 5, 7, 8, 9 and 10 of this Section are applied.

[20 December 2004; 14 April 2005; 14 April 2011; 15 December 2011]

Section 17. Duty Exemptions and Relief for Tobacco Products

(1) In accordance with the procedures stipulated by the Cabinet the following shall be exempt from the duty:

1) denatured tobacco products and tobacco products, which are destroyed;

2) tobacco products used for the determination of the quality of tobacco products.

(2) Duty shall be repaid for destroyed or processed tobacco products taking into account the conditions in Section 27 of this Law.

(3) Such tobacco leaves shall not be taxable which are grown by a natural person for personal needs provided that they are not sold.

(4) [5 May 2016]

(5) Untreated tobacco leaves which are not dried (raw tobacco) and are intended for further use in production of soil improvement products, plant protection products and similar horticultural products shall be exempted from the duty under the condition that the relevant tobacco leaves are imported from a foreign country (including a Member State) into an excise duty warehouse where activities involving tobacco products are allowed to be performed. A person who uses untreated tobacco leaves which are not dried (raw tobacco) for the production of the abovementioned products shall confirm in writing to an approved warehousekeeper that the received tobacco products will not be used otherwise. The person who uses untreated tobacco leaves which are not dried (raw tobacco) for the production of the abovementioned products does not have to obtain the special permit (licence) referred to in Section 2, Paragraph six of this Law.

[20 December 2004; 8 November 2007; 17 December 2014; 5 May 2016; 25 October 2018]

Section 18. Duty Exemptions and Relief Applied to Oil Products

(1) In accordance with the procedures stipulated by the Cabinet, those oil products shall be exempt from the duty, which, in accordance with the conditions of Paragraph three of this Section, are supplied to and used:

1) for purposes other than fuel or heating fuel;

2) in aircraft, which are not used for private recreation and entertainment;

3) by ships which are not used for private recreation and entertainment and ships used in fishing, except for fishing in internal waters;

4) for the generation of energy or in combined equipment generating electricity and heat energy;

5) in the chemical treatment process, adding to coke which is used as heating fuel;

6) dually, except for the case laid down in Section 5, Paragraph four of this Law.

(1¹) The Cabinet shall lay down the procedures by which the State Revenue Service shall issue, re-register or cancel a statement for the purchase of the oil products subject to duty exemption or relief, and by which it shall issue a permit for the movement or sale of the remainders of oil products.

(2) Private recreation and entertainment referred to in Paragraph one, Clauses 2 and 3 of this Section shall be cases where the owner of an aircraft or a ship or another natural person or legal person hiring the aircraft or the ship or using it with another justification, does not use the aircraft or ship for commercial purposes, in particular for the carriage of passengers or goods or provision of services for charge, or for the needs of public institutions.

(3) If in the cases referred to in Paragraph one, Clause 2, 3, 4, 5 or 6 of this Section diesel fuel, kerosene or fuel oil, the colorimetric index of which is less than 2.0 and kinematic viscosity at 50 °C is less than 25 cSt, or substitute products and components of these oil products are used, the relevant oil products shall be exempt from the duty if they have been labelled (marked) in accordance with Section 28 of this Law. If diesel fuel, kerosene or fuel oil, the colorimetric index of which is less than 2.0 and kinematic viscosity at 50 °C is less than 25 cSt, or substitute products and components of these oil products are used for international carriage (also between Member States) in accordance with Paragraph one, Clauses 2 and 3 of this Section, as well as if jet fuel is used in accordance with Paragraph one, Clause 2 of this Section, the referred to oil products may not be labelled (marked).

(4) In accordance with the procedures stipulated by the Cabinet oil products (fuel), which ensure operation and maintenance of a vehicle entering the Republic of Latvia from another Member State and the equipment installed therein, shall be exempt from the duty.

(5) The Cabinet shall determine the procedures by which the duty rate specified in Section 14, Paragraph 2.² of this Law shall be applied to diesel fuel (gas oil) and such diesel fuel (gas oil) to which biodiesel fuel acquired from rapeseed oil has been added, if the relevant oil products are labelled (marked) in accordance with Section 28 of this Law and if they are used in tractor machinery and self-propelled agricultural machinery for the production of agricultural products, cultivation of agricultural land, as well as for the cultivation of such forest or marshland where cranberries or blueberries are cultivated and for cultivation of land under fishing ponds, and if the minimum revenue from the agricultural production is ensured, while in respect of the fishing ponds - revenue from selling of aquaculture products in the last complete economic year (not including the State and European Union aid) from one hectare declared, and the conditions referred to in Clauses 1, 3, 4, and 6 of this Paragraph have been conformed to, as well as if at least one of the conditions referred to in Clause 2 of this Paragraph has been met:

1) the producer of agricultural products performs economic activities and is registered as a taxpayer;

2) the producer of agricultural products cultivates accordingly:

a) land to be used in agriculture which has been declared and approved for the receipt of single area payments in accordance with the laws and regulations regarding granting of the State and European Union aid for agriculture within the scope of the direct support scheme, except for such land to be used in agriculture where corn is grown for acquisition of biogas, such short rotation coppice species as aspen (Populus spp.), osier (Salix spp.), grey alder (Alnus incana), switchgrass (Panicum virgatum) or reed canarygrass (Phalaris arundinacea L.) are cultivated, and if the producer of agricultural products has registered with the Agricultural Data Centre as the primary producer of animal feedingstuffs, - for land used for pasture land or perennial grasses sown into arable land or for land mixture of herbaceous forage(hereinafter in this Section - the pasture land);

b) forest or marshland where cranberries or blueberries are cultivated and which is in the ownership or use of the producer of agricultural products; or

c) land under fishing ponds where fish is cultivated on the area of at least 20 hectares, by applying the growing cycle coefficient for each declared land hectare under fishing ponds, if an undertaking of aquaculture sector has been recognised in accordance with the laws and regulations regarding the veterinary requirements for aquaculture animals and the site of aquaculture animals has been registered with the Agricultural Data Centre;

3) in one economic year (from 1 July of the current year until 30 June of the subsequent year) (hereinafter - the economic year) from 60 up to 130 litres of the fuel referred to in the introduction of this Paragraph is calculated per every hectare of the land to be used in agriculture declared and approved for the support of a producer of agricultural products referred to in Clause 2 of this Paragraph, as well as per hectare of such forest or marshland where cranberries or blueberries are cultivated, or per hectare of land under fishing ponds, taking into account the following division depending on the crop to be cultivated:

a) cultivation of plants - 100 litres per one hectare,

b) fruit-growing, berry bushes, and horticulture - 130 litres per one hectare,

c) the pasture land if the minimum density of livestock is ensured at least 0.5 livestock units per one hectare (in biological farms density at least 0.4 livestock units per one hectare) - 130 litres per one hectare of pasture land,

d) the pasture land for the production of animal feedingstuffs - 60 litres per hectare,

e) land under fishing ponds - 60 litres per hectare,

f) other crops and land which has been declared and approved for the receipt of single area payments - 60 litres per one hectare;

4) the fuel referred to in the introduction of this Paragraph has been purchased in the relevant economic year from a merchant which has:

a) the special permit (licence) referred to in Section 2, Paragraph six, Clause 1 of this Law for the activities of an approved warehousekeeper with oil products; or

b) the special permit (licence) referred to in Section 2, Paragraph six, Clause 4 or 5 of this Law for activities with oil products - from the specific fuel container declared for this purpose indicated in the relevant special permit (licence);

5) [17 December 2014 / See Paragraph 76 of Transitional Provisions];

6) the fuel referred to in the introduction of this Paragraph has been purchased by using one of the following types of settlement:

a) monetary funds have been transferred from the account of the producer of agricultural products in a credit institution to the account of the fuel trader in a credit institution (non-cash settlement),

b) the producer of agricultural products has used payment cards (credit cards, debit cards and other similar cards), which are considered as means of payment in accordance with the Credit Institution Law and which belong to the producer of agricultural products;

c) cash has been paid into the account of the fuel trader in a credit institution, if settlements are performed by the producer of agricultural products - a natural person; or

d) if the merchant referred to in Clause 4 of this Paragraph ensures that the fuel referred to in the introduction of this Paragraph may be purchased by using one of the types of settlement referred to in Sub-clause "a", "b" or "c" of this Clause, the producer of agricultural products may also purchase the referred to fuel in case if an advance payment or payment or open account is performed for the purchase thereof, and the monetary funds in this case are transferred by a legal person or performer of economic activity, who has, on contractual basis, acquired the right to request from the relevant producer of agricultural products the monetary funds paid to the fuel trader, from the personal account thereof in a credit institution to the fuel trader's account in a credit institution.

(5¹) It shall be permitted to use the fuel referred to in the introductory part of Paragraph five of this Section for own-account transport of the agricultural products produced or grown by the producer of agricultural products and the raw materials necessary for their cultivation within the Republic of Latvia, provided that the own-account transport operations are carried out by the producer of agricultural products himself or herself or by his or her employee, using a truck in the ownership or possession of the producer of agricultural products (in which the number of seats, excluding the driver's seat, does not exceed four seats).

(6) The fuel referred to in the introductory part of Paragraph five or Paragraph 6.⁴ of this Section may be supplied or sold by a merchant which has:

1) the special permit (licence) referred to in Section 2, Paragraph six, Clause 1 of this Law for the activities of an approved warehousekeeper with oil products - only to the producers of agricultural products referred to in Paragraph five of this Section or ships referred to in Paragraph 6.⁴ of this Section that are used for fishing in inland and coastal waters, or a merchant which has the special permit (licence) referred to in Section 2, Paragraph six, Clause 4 or 5 of this Law for activities with oil products - to the specific fuel tank declared for this purpose indicated in the relevant special permit (licence);

2) the special permit (licence) referred to in Section 2, Paragraph six, Clause 4 of this Law for the wholesale trade of oil products, if the referred to fuel is purchased from a merchant, which has the special permit (licence) referred to in Section 2, Paragraph six, Clause 1 of this Law for the activities of an approved warehousekeeper with oil products, and it is supplied or sold from a specific fuel tank declared for this purpose and indicated in the relevant special permit (licence) only to the producers of agricultural products referred to in Paragraph five of this Section or or ships referred to in Paragraph 6.⁴ of this Section that are used for fishing in inland and coastal waters. These rights apply only to a merchant whom the special permit (licence) for the wholesale trade of oil products has been valid for at least five years and the oil product tanks and pressure equipment complex tanks present at least in one place for the wholesale trade of oil products indicated in such special permit (licence), where the sale of the fuel referred to in the introductory part of Paragraph five or Paragraph 6.⁴ of this Section is intended, are owned by the relevant merchant;

3) the special permit (licence) referred to in Section 2, Paragraph six, Clause 5 of this Law for the retail trade of oil products, if the abovementioned fuel is purchased from a merchant which has the special permit (licence) referred to in Section 2, Paragraph six, Clause 1 of this Law for the activities of an approved warehousekeeper with oil products, and it is supplied or sold from a specific fuel tank declared for this purpose and indicated in the relevant special permit (licence) for the retail trade of oil products only to the producers of agricultural products referred to in Paragraph five of this Section or the ships referred to in Paragraph 6.⁴ of this Section that are used for fishing in inland and coastal waters.

(6¹) The duty shall be imposed on the volume of fuel referred to in the introduction of Paragraph five of this Section purchased without justification in accordance with the procedures stipulated by the Cabinet, and in such case the duty shall be paid by the relevant producer of agricultural products, if the Rural Support Service establishes and informs the State Revenue Service that during the relevant economic year the producer of agricultural products has had:

1) the difference between the area declared for support and the area approved for support or, accordingly, the area of forest or marshland declared for exemption or the area where cranberries or blueberries are cultivated, or the area of land under fishing ponds exceeds 10 per cent;

2) the fallow area exceeds 30 per cent of the total area of land to be used in agriculture, regarding which there is the right to receive a single area payment and which has been applied for the receipt of a single area payment in accordance with the laws and regulations regarding granting of State and European Union support for agriculture within the scope of direct support scheme;

3) a decision has been revoked, according to which the volume of fuel referred to in Paragraph five of this Section was allocated in the current economic year.

(6²) The Cabinet shall issue regulations regarding the application of the duty rate specified in Section 14, Paragraph 2.² of this Law for the fuel referred to in the introductory part of Paragraph five of this Section, determining:

1) [17 December 2014 / See Paragraph 76 of Transitional Provisions];

2) the procedures for applying the fish growing cycle coefficient;

3) the conditions for the supply and sale of the fuel referred to in Paragraph five of this Section;

4) the procedures by which the persons referred to in Paragraph five, Clause 4 of this Section shall provide information and ensure its updating in the unified database of the Rural Support Service regarding the fuel referred to in the introductory part of Paragraph five of this Section issued to a specific producer of agricultural products, to which the duty rate specified in Section 14, Paragraph 2.² of this Law is applicable, and the quantities thereof;

5) the procedures by which the Rural Support Service shall perform an inspection of the land to be used in agriculture, as well as the inspection of such forest or marshland in which cranberries or blueberries are cultivated, and inspection of land under fishing ponds;

6) the fiscal marker and the dye with which the fuel referred to in the introductory part of Paragraph five of this Section is marked, as well as the conditions for handling the marked fuel.

(6³) If the fuel referred to in the introduction of Paragraph five of this Section is not used for the intended purposes and the Rural Support Service has in this case revoked a decision according to which the volume of the referred to fuel has been allocated in the current economic year, the Rural Support Service shall not allocate the fuel referred to in the introduction of Paragraph five of this Section in the subsequent economic year.

(6⁴) The duty rate specified in Section 14, Paragraph 2.² of this Law shall be applied to diesel fuel (gas oil), including diesel fuel (gas oil) to which biodiesel fuel acquired from rapeseed or paraffin-enriched diesel fuel acquired from biomass is added, if the relevant products are labelled (marked) in accordance with Section 28 of this Law and they are used:

1) on ships for fishing in inland waters;

2) on ships for fishing in coastal waters if the products referred to in the introductory part of this Paragraph have not been purchased in accordance with the duty exemption specified in Paragraph one, Clause 3 of this Section.

(6⁵) The Cabinet shall determine the procedures by which the duty rate specified for diesel fuel in Section 14, Paragraph 2.² of this Law shall be applied on ships for fishing in inland and coastal waters, limits for its consumption for a calendar year, procedures for the granting, acquisition and administration of the consumption limits thereof, and also procedures by which excise duty shall be refunded for the diesel fuel used on ships fishing in coastal waters.

(7) [12 June 2009]

(8) [20 December 2004]

(9) Oil products (fuel), which ensure the operation of such concrete commercial motor vehicle, which enters the territory of the Republic of Latvia from a foreign state, which is not a Member State, from the territories referred to in Section 2, Paragraph 3.¹ of this Law, and from the Åland Islands or the Channel Islands, and which exempt from customs duty in accordance with Council Regulation (EC) No 1186/2009 of 16 November 2009 setting up a Community system of reliefs from customs duty (hereinafter - Regulation No 1186/2009) shall not have duty imposed.

[18 March 2004; 20 December 2004; 19 December 2006; 14 November 2008; 12 June 2009; 1 December 2009; 22 April 2010; 28 October 2010; 14 April 2011; 15 December 2011; 17 December 2014; 7 May 2015; 18 June 2015; 30 November 2015; 23 November 2016; 25 October 2018;6 February 2020]

Section 19. Duty Exemptions for Non-alcoholic Beverages and Coffee

(1) Coffee used for the determination of the quality of coffee, as well as the following non-alcoholic beverages shall be exempt from the duty:

1) non-alcoholic beverages which are utilised for determination of the quality of non-alcoholic beverages;

2) non-alcoholic beverages produced by a natural person for his or her own consumption, provided that they are not for sale;

3) non-packaged non-alcoholic beverages which are prepared at a public catering undertaking for consumption at such undertaking.

(2) Non-alcoholic beverages and coffee used for the production of other food commodities (including alcoholic beverages) shall be exempt from the duty.

(3) Non-alcoholic beverages and coffee, which are destroyed in the presence of authorised officials of the State Revenue Service shall be exempt from the duty.

[8 November 2007]

Section 20. Duty Exemptions and Relief for Diplomats and International Organisations

(1) In conformity with the conditions of Paragraphs two, three, five, six, seven, eight, nine, ten, and eleven of this Section the excisable goods which are delivered as follows shall be exempt from the duty:

1) for diplomatic and consular representations;

2) for diplomatic and consular agents of diplomatic and consular representations, administrative technical personnel and the family members of the persons referred to in this Clause, if these persons are not citizens or long-term residents of Latvia. For employees of administrative technical personnel and their family members - once during accreditation for the goods delivered in the first four months commencing from the day when the Ministry of Foreign Affairs has received the notification on the arrival of the relevant person in the Republic of Latvia for the commencement of service;

3) for international organisations or their representations which have been recognised as such by the Republic of Latvia, by complying with the restrictions and conditions specified in the international conventions of establishment or headquarters agreements of the relevant organisations;

4) for employees of international organisations or their representations who have a diplomatic status in the territory of the Republic of Latvia, if these persons are not citizens or long-term residents of Latvia;

5) for institutions of the European Union in accordance with the Protocol on the Privileges and Immunities of the European Union of 8 April 1965 (Protocol E of the Treaty Establishing the European Community);

6) for the armed forces of such state which is a party to the North Atlantic Treaty, except for the Member State within which the duty is collected - for the consumption of those armed forces, as well as for the civilian staff which accompany them, or for the needs of messes or canteens of these armed forces;

7) for consumption in accordance with agreements entered into with foreign states other than Member States, or international organisations provided that such an agreement is allowed or authorised with regard to exemption from value added tax;

8) for the armed forces of the United Kingdom deployed in Cyprus in accordance with the Treaty establishing the Republic of Cyprus of 16 August 1960 - for the consumption of those armed forces, as well as for the civilian staff which accompany them, or for the needs of the messes or canteens of those armed forces;

9) in accordance with the Agreement between the Republic of Latvia and the Supreme Headquarters Allied Powers Europe and Headquarters, Supreme Allied Commander Transformation to supplement the Paris Protocol (hereinafter - the Supplementary Agreement to the Paris Protocol):

a) the Allied Headquarters recognised in the Republic of Latvia (hereinafter - the Allied Headquarters);

b) members of the Allied Headquarters and their dependants, if these persons are not citizens or long-term residents of Latvia.

(2) The subjects referred to in Paragraph one of this Section in the Republic of Latvia are permitted to receive excisable goods from:

1) other Member States, applying the duty suspension arrangement thereto, provided that the consignor of excisable goods uses:

a) the documents referred to in Section 25, Paragraph nine of this Law, except in the case referred to in Paragraph one, Clause 6 of this Section;

b) the document specified in Annex II to Council Implementing Regulation (EU) No 282/2011 of 15 March 2011 laying down implementing measures for Directive 2006/112/EC on the common system of value added tax (hereinafter - Regulation No 282/2011). The Cabinet shall determine the procedures by which the document specified in Annex II to Regulation No 282/2011 is approved, and the procedures by which the rights to use this document without approval are granted or revoked;

2) tax warehouses in the Republic of Latvia, complying the following conditions:

a) the consignor of excisable goods uses the document which is specified in Annex II to Regulation No 282/2011 and which certifies that the abovementioned excisable goods are exempt from excise duty,

b) the consignor of excisable goods draws up a source document in accordance with the laws and regulations regarding the circulation of excisable goods,

c) non-cash settlements are made for the purchase of excisable goods,

d) [23 November 2016].

(3) The subjects referred to in Paragraph one of this Section in other Member States are permitted to receive excisable goods from the Republic of Latvia, applying the duty suspension arrangement thereto in accordance with Section 25 of this Law.

(4) If the subjects referred to in Paragraph one of this Section which are located in the Republic of Latvia purchase excisable goods in the Republic of Latvia, the excise duty shall be refunded in accordance with the procedures stipulated by the Cabinet in conformity with Paragraphs six, seven, eight, nine, and ten of this Section.

(5) Excisable goods, which have been brought in the Republic of Latvia for release into free circulation in accordance with the laws and regulations in the field of customs from a foreign state, which is not a Member State, or from the territories referred to in Section 2, Paragraph 3.¹ of this Law, shall be exempt from the excise duty, observing the following conditions:

1) the consignor of excisable goods uses the document which is specified in Annex II to Regulation No 282/2011 and which certifies that the abovementioned excisable goods are exempt from excise duty;

2) non-cash settlements are made for the purchase of excisable goods;

3) [23 November 2016].

(6) The duty exemption or refund specified in this Section shall be applied for the following maximum quantity of excisable goods:

1) fuel - 250 litres per month for each vehicle which is registered in the Republic of Latvia on behalf of the subject referred to in Paragraph one, Clauses 1, 2, 3, 4, 5, and 7 of this Section, as well as on behalf of the civilian referred to in Paragraph one, Clauses 6 and 8 of this Section;

2) fuel - 250 litres per month for each vehicle which is registered on behalf of the subjects referred to in Paragraph one, Clause 9, Sub-clause "b" of this Section in accordance with the Supplementary Agreement to the Paris Protocol;

3) alcoholic beverages which are purchased by the subjects referred to in Paragraph one, Clauses 2 and 4 of this Section:

a) beer, fermented beverages, wine, intermediate products with the absolute alcohol content up to 15 per cent by volume - 300 litres (in total) in a calendar year,

b) intermediate products with the absolute alcohol content from 15 to 22 per cent by volume, other alcoholic beverages - 96 litres (in total) in a calendar year;

4) tobacco products which are purchased by the subjects referred to in Paragraph one, Clauses 2 and 4 of this Section:

a) cigarettes - 7200 cigarettes in a calendar year,

b) smoking or heated tobacco - 7200 grams in a calendar year,

c) cigars and cigarillos - 1800 cigars or cigarillos in a calendar year;

5) liquid to be used in electronic cigarettes which is purchased by the subjects referred to in Paragraph one, Clauses 2 and 4 of this Section - 7200 milligrams of nicotine or not more than 7200 millilitres of liquid to be used in electronic cigarettes in a calendar year;

6) alcoholic beverages, tobacco products, and liquid to be used in electronic cigarettes - the maximum quantity shall be applied in accordance with the Supplementary Agreement to the Paris Protocol for one subject referred to in Paragraph one, Clause 9, Sub-clause "b" of this Section which shall have at least 18 years of age.

(7) If the subjects referred to in Paragraph one, Clauses 2 and 4 of this Section, according to a notice received at the Ministry of Foreign Affairs regarding arrival of the relevant person in the Republic of Latvia, arrive for commencing service in the Republic of Latvia in the relevant year after 30 June, the maximum quantity of excisable goods referred to in Paragraph six, Clauses 3, 4, and 5 of this Section shall be calculated by dividing by two.

(8) For the employees of administrative technical personnel referred to in Paragraph one, Clause 2 of this Section and family members of such employees, if a special agreement has not been entered into, once during the accreditation for the goods purchased in the first four months, starting from the day when the Ministry of Foreign Affairs has received the notice regarding arrival of the relevant person in the Republic of Latvia, the maximum quantity of excisable goods referred to in Paragraph six, Clauses 3, 4, and 5 of this Section shall be calculated by dividing by three.

(9) The duty exemption or refund specified in this Section shall not be applied for alcoholic beverages, tobacco products, and liquid to be used in electronic cigarettes:

1) which are purchased by the subjects referred to in Paragraph one, Clause 6 of this Section who are located in the Republic of Latvia;

2) for a subject (natural person) who is less than 18 years of age.

(10) The provisions included in this Section shall be applied insofar as it has not been specified otherwise in the international agreements binding to the Republic of Latvia.

(11) Such excisable goods are exempted from the duty which are delivered to members of the Allied Headquarters and their dependants at the shop of the Allied Headquarters, and fuel which is delivered to the embassy of the United States of America in the Republic of Latvia and its diplomatic and consular agents and the administrative technical personnel. The Cabinet shall prescribe the procedures by which:

1) the duty exemption shall be applied:

a) to excisable goods which are delivered in the Republic of Latvia to members of the Allied Headquarters and their dependants at the shop of the Allied Headquarters in accordance with the conditions and restrictions of the Supplementary Agreement to the Paris Protocol;

b) to oil products which are delivered as oil products (fuel) in the Republic of Latvia to retail selling points of oil products (fuel) to the embassy of the United States of America in the Republic of Latvia and its diplomatic and consular agents and administrative technical personnel in accordance with Article XIX of the Treaty of Friendship, Commerce and Consular Rights between Latvia and the United States of America;

2) the duty for excisable goods purchased in the Republic of Latvia for which the duty has already been paid and which, upon application of exemption from the duty, have been delivered by the payer of the duty to the subjects referred to in Clause 1 of this Paragraph shall be refunded for the payer of the duty.

[20 December 2004; 14 November 2008; 12 June 2009; 1 December 2009; 20 December 2010; 5 May 2016; 23 November 2016; 9 March 2017 / Amendments to the Section shall come into force on 1 January 2018. See Paragraph 97 of Transitional Provisions]

Section 21. Other exemptions

(1) Excisable goods, which have been lost as a result of force majeure if there is evidence, confirmed by appropriate documents issued by the relevant State supervision and control institutions, attesting that the loss referred to did not occur through the fault of the payer of the duty, shall be exempt from the duty.

(2) Excisable goods, which have been lost during manufacture, treatment, processing, storage, pre-packaging, movement or mixing of oil products when the duty suspension arrangement in accordance with the norms approved by the Cabinet was applied, shall be exempt from the duty.

(2¹) Excisable goods, which have been lost in other Member States (in the carriage of excisable goods to other Member States in accordance with Section 25 of this Law), shall be exempt from the duty, taking into account the presentation of the documents referred to in Section 25, Paragraph eight of this Law and information certified by the competent institution of the relevant Member State regarding the losses. The approved warehousekeeper or registered consignor, who has sent the excise goods, shall pay the excise duty for the losses, taking into account the amount of loss and other conditions of the receiving Member State. The excise duty shall be paid into the budget of such Member State in which the losses have been determined, on the basis of the excise duty rates and other conditions of such Member State. The State Revenue Service shall, on the basis of a request from the tax administration of the relevant Member State, control the collection and transfer of such excise duty to the budget of the Member State in which the loss was determined.

(3) In accordance with the procedures stipulated by the Cabinet excisable goods brought in by a natural person for his or her own consumption in the Republic of Latvia from other Member States shall be exempt from the duty.

(4) Such excisable goods shall be exempted from the duty which are imported by a natural person in his or her own personal luggage, which is considered to be such within the meaning of the Value Added Tax Law (hereinafter - the personal luggage), and which are imported by this person from a foreign state other than the Member State, from territories referred to in Section 2, Paragraph 3.¹ of this Law without exceeding the following quantities, provided that such import of goods is not commercial:

1) tobacco products, if a natural person travels by aircraft:

a) 200 cigarettes;

b) 100 cigarillos;

c) 50 cigars;

d) 250 g of smoking tobacco or tobacco leaves, or heated tobacco;

e) tobacco products referred to in Paragraph four, Clause 1, Sub-clauses "a", "b", "c" and "d" of this Section in any combination, if the part of per cent which is used from individually determined amounts, does not exceed 100 per cent in total. Each amount specified in Paragraph four, Clause 1, Sub-clauses "a", "b", "c" and "d" of this Section shall separately form 100 per cent of the amount of the tobacco product indicated in the relevant Sub-clause;

1¹) tobacco products, if a natural person does not travel by aircraft:

a) 40 cigarettes;

b) 20 cigarillos;

c) 10 cigars;

d) 50 g of smoking tobacco or tobacco leaves, or heated tobacco;

e) tobacco products referred to in Paragraph four, Clause 1.¹, Sub-clauses "a", "b", "c" and "d" of this Section in any combination, if the part of per cent which is used from individually determined amounts, does not exceed 100 per cent in total. Each amount specified in Paragraph four, Clause 1.¹, Sub-clauses "a", "b", "c" and "d" of this Section shall separately form 100 per cent of the amount of the tobacco product indicated in the relevant Sub-clause;

2) alcoholic beverages:

a) one litre of alcoholic beverage with alcohol content above 22% by volume or undenatured ethyl alcohol with alcohol content of 80% or more,

b) two litres of alcoholic beverage with alcohol content up to 22% by volume, except for still wine and beer,

c) alcoholic beverages referred to in Paragraph four, Clause 2, Sub-clauses "a" and "b" of this Section in any combination, if the part of per cent which is used from individually determined amounts, does not exceed 100 per cent in total. Each amount indicated in Paragraph four, Clause 2, Sub-clauses "a" and "b" of this Section shall separately form 100 per cent of the amount of the alcoholic beverage indicated in the relevant Sub-clause,

d) four litres of still wine and 16 litres of beer;

3) non-alcoholic beverages, coffee, and liquid to be used in electronic cigarettes, in conformity with the conditions and restrictions for the value of goods specified in the Value Added Tax Law;

4) fuel that is located:

a) in the standard fuel tank of a vehicle,

b) portable fuel tanks - not more than 10 litres for one vehicle.

(4¹) Provisions of Chapter XXVIII of Regulation No 1186/2009 shall be applicable to fuel referred to in Paragraph four of this Section.

(4²) Duty exemptions provided for in Paragraph four, Clauses 1, 1.¹ and 2 of this Section shall apply to a natural person who has reached the age of 18 years.

(4³) Import of excisable goods, including by a road motor vehicle other than commercial vehicle, shall not be considered as commercial within the meaning of Paragraph four of this Section, if it conforms to the following conditions:

1) it does not take place on a regular basis (not more than once per seven days);

2) excisable goods are provided for personal use or use in the family of the natural person.

(4⁴) Import of excisable goods shall not be considered as commercial within the meaning of Paragraph 4.³ of this Section, if excisable goods are imported in such amount and value that does not imply that they are imported for commercial purposes.

(4⁵) The provision of Paragraph 4.³, Clause 1 of this Section in respect of the fuel referred to in Paragraph four of this Section shall be applicable to a specific natural person and specific road motor vehicle other than commercial vehicle.

(5) Excisable goods, which a natural person from a foreign state other than the Member State, from territories referred to in Section 2, Paragraph 3.¹ of this Law, sends by post to a natural person in the Republic of Latvia and which are exempt from the customs duty in accordance with Regulation No 1186/2009, shall be exempt from the duty.

(6) Excisable goods (except for oil products), which have been supplied to a ship and an aircraft, which perform international carriage (also between Member States), on the condition that such goods shall be sold (also in cases where the value of the goods is included in the price of the ticket) on the relevant ship or aircraft in retail for consumption on site (except for sale in retail for off-premises consumption) or are utilised for supply to the crew of the vessel, shall be exempt from the duty. In such case, the specific ship or aircraft captain shall certify in writing to the supplier-payer of the duty that the received excisable goods (indicating the type of product, name, amount and the purpose the excisable goods shall be utilised for) shall not be utilised in any other way.

(7) Excisable goods, which are real evidence or attached property in a criminal proceeding, removed property in an administrative violation matter or property falling within the jurisdiction of the State, shall be exempt from duty if the referred to excisable goods are destroyed, however, the destruction of the referred to excisable goods shall not free from liability the person to whom the liability specified in Chapter XI of this Law applies.

[20 December 2004; 14 April 2005; 19 December 2006; 14 November 2008; 24 September 2009; 1 December 2009; 28 October 2010; 15 December 2011; 17 December 2014; 30 November 2015 / The new wording of Clause 3 of Paragraph four shall come into force on 1 July 2016. See Paragraph 88 of Transitional Provisions]

Chapter VI
Calculation and Payment of the Duty

Section 22. Calculation of the Duty

(1) The duty for excisable goods shall be calculated according to the rate laid down in Sections 12, 13, 13.¹, 14, 15 and 15.¹ of this Law.

(2) In the calculation of duty, the volume of alcoholic beverages in litres referred to in Section 12, Paragraph one, Clause 5 of this Law in accordance with the procedures stipulated by the Cabinet shall be determined in conformity with the volume thereof at 20°C.

(3) Duty applied to cigarettes shall be calculated by summing up the amounts obtained when applying the duty rates laid down in Section 13, Paragraph one, Clause 2, Sub-clauses "a" and "b" of this Law, by complying with the provisions of Section 13 of this Law.

(4) If the weighted average retail selling price of cigarettes is unknown, in cases referred to in Section 32 of this Law or in other cases prescribed by this Law the duty shall be calculated by summing up the amounts obtained when applying the duty rates laid down in Section 13, Paragraph one, Clause 2, Sub-clauses "a" and "b" of this Law, by complying with the provisions of Section 13 of this Law, and for the calculation of the duty one of the following prices shall be used:

1) the maximum retail selling price determined most frequently by a recipient of excise duty stamps in the previous calendar month, but not lower than the most popular retail selling price in the previous calendar year, if the duty is paid by the recipient of excise duty stamps;

2) the actual selling price of cigarettes, but not lower than the most popular retail selling price in the previous calendar year if the duty is paid by persons other than the recipient of excise duty stamps; or

3) the weighted average retail selling price in the previous calendar year if the price referred to in Clauses 1 and 2 of this Paragraph cannot be determined or if the person in accordance with Section 26 of this Law brings in the Republic of Latvia from another Member State or receives cigarettes for personal consumption.

(4¹) Up to the specification of the weighted average retail selling price in accordance with Section 30 of this Law, the previously specified weighted average retail selling price shall be applied in the cases referred to in Paragraph four of this Section.

(5) In calculating the duty, the quantity of oil products in litres referred to in Section 14, Paragraph one, Clauses 1, 2, 3, 4 and 6 of this Law in accordance with the procedures stipulated by the Cabinet shall be determined in conformity with their quantity at 15°C.

(6) The duty for natural gas shall be calculated in accordance with the procedures stipulated by the Cabinet, taking into account that the volume and gross calorific value of natural gas has been specified under base conditions when the pressure of natural gas is 101,325 kPa and temperature - 20 oC.

[10 November 2005; 19 December 2006; 14 November 2008; 1 December 2009; 22 April 2010; 28 October 2010; 15 December 2011; 30 November 2015; 9 March 2017]

Section 23. Payment of the Duty

(1) For an approved warehousekeeper and a registered consignee the taxation period of the duty shall be one calendar month.

(2) The importer shall pay the duty calculated for excisable goods declared for a customs procedure - release into free circulation - into the State budget before presenting the excisable goods at a customs authority. A natural person who brings in excisable goods in his or her own personal luggage that exceeds the amount or value specified in Section 21 of this Law shall pay the duty prior to releasing the excisable goods into free circulation.

(3) A registered consignor shall pay the duty calculated for the excisable goods declared for a customs procedure - release into free circulation - and to which the duty suspension arrangement is applicable in accordance with the conditions of Section 25 of this Law, into the State budget in accordance with the conditions of Section 25, Paragraph three of this Law.

(4) An approved warehousekeeper shall pay the duty calculated for the excisable goods, which have been moved from the tax warehouse during the taxation period, into the State budget within 15 days after the end of the taxation period, except for the duty calculated for those excisable goods to which the duty suspension arrangement is applied in accordance with Section 25 of this Law.

(5) A registered consignee shall pay the duty calculated for the excisable goods, which have been received by him or her during the taxation period, into the State budget within 15 days after the end of the taxation period.

(6) A temporarily registered consignee shall pay the duty calculated for the excisable goods, which have been received by him or her, into the State budget not later than within five working days after receipt of the relevant excisable goods.

(7) A natural person or a legal person bringing in or receiving excisable goods from another Member State in the Republic of Latvia, which have already been released into free circulation or released for consumption in another Member State, shall pay the calculated duty into the State budget not later than within the next five working days after bringing in or receipt of the excisable goods in the Republic of Latvia, or prior to the dispatch of the relevant excisable goods from another Member State, except the case referred to in Section 21, Paragraph three of this Law. If the relevant person pays the duty prior to the dispatch of the relevant excisable goods from another Member State, he or she shall submit a document confirming the payment of the duty to the State Revenue Service.

(8) An approved warehousekeeper shall pay the duty for the shortage of the excisable goods (for example, theft, loss, disappearance, except the shortage referred to in Section 21, Paragraphs one, two and 2.¹ of this Law) determined during the taxation period which has occurred in the tax warehouse or while moving the relevant excisable goods in accordance with Section 25 of this Law into the State budget within 15 days after the end of the taxation period.

(9) A registered consignor shall pay the duty for the shortage of excisable goods determined in the Republic of Latvia (for example, theft, loss, disappearance, except the shortage referred to in Section 21, Paragraphs one, two and 2.¹ of this Law), which has occurred while moving the relevant excisable goods in accordance with the Section 25 of this Law, into the State budget within the time period specified in Section 25, Paragraph three, Clause 1 of this Law.

(10) An approved warehousekeeper and a registered consignor of another Member State, who brings into the Republic of Latvia excisable goods in accordance with Section 25 of this Law, shall pay the duty for the shortage of excisable goods determined in the Republic of Latvia (for example, theft, loss, disappearance, except for the shortages referred to in Section 21, Paragraphs one, two and 2.¹ of this Law), which have occurred while moving the relevant excisable goods to the Republic of Latvia or through the territory of the Republic of Latvia, within four months after commencement of the movement of the relevant excisable goods. The State Revenue Service in co-operation with the competent authorities of other Member States shall ensure the fact that the excise duty payment is transferred in the State budget of the Republic of Latvia.

(11) An approved warehousekeeper shall pay the duty for the excisable goods, which have been consumed in the tax warehouse during the taxation period (including presentations, exhibitions, tasting, except for the production of excisable goods), into the State budget within 15 days after the end of the taxation period.

(12) A person who imports or receives non-alcoholic beverages or coffee in the Republic of Latvia shall, except for the case referred to in Section 21, Paragraph three and Paragraph four, Clause 3 of this Law, or in the case when the duty suspension arrangement is applied in accordance with the conditions of Section 25 of this Law, pay the duty into the State budget as follows:

1) in accordance with Paragraph two of this Section, if non-alcoholic beverages or coffee is imported or received in the Republic of Latvia from a foreign country which is not a Member State or from the territory referred to in Section 2, Paragraph 3.¹ of this Law;

2) in accordance with Paragraph seven of this Section, if non-alcoholic beverages or coffee is imported or received in the Republic of Latvia from a Member State.

(13) A payer of the duty for excisable goods which are stamped with excise duty stamps, shall pay the duty prior to the receipt of the excise duty stamps in accordance with Section 27, Paragraph six of this Law or in accordance with Paragraph two, three, four, five, six, seven, eight, nine, eleven or seventeen of this Section.

(14) If a duty payer does not pay the duty for excisable goods which are stamped with excise duty stamps, in accordance with the conditions of Paragraph thirteen of this Section within 180 days from the day of the receipt of the excise duty stamps, it shall be considered that the excisable goods have been released into free circulation or released for consumption in the Republic of Latvia and the duty for the relevant excisable goods in accordance with the excise duty stamps received shall be paid by the duty payer who has received the excise duty stamps. An importer and a temporarily registered consignee who has received excise duty stamps shall pay the duty not later than within five working days after the day of the coming into effect of the conditions previously referred to. The duty shall not be paid for those excisable goods for which the duty payer returns the excise duty stamps in accordance with Section 27 of this Law.

(15) If the duty has been paid in accordance with the excise duty stamps received in accordance with Paragraph fourteen of this Section, in the case laid down in Paragraph thirteen of this Section the duty payer no longer needs to pay the duty paid in accordance with Paragraph fourteen of this Section.

(16) The duty for waste oils, which are classified within the Combined Nomenclature under the code 2710, shall be paid in accordance with Paragraphs two, three, four, five, six, seven, eight, nine, ten or eleven of this Section.

(17) A person whose special permit (licence) for the operation of an approved warehousekeeper has ceased to be in effect or has been cancelled shall, within 15 days after the end of the taxation period in which the relevant special permit (licence) has ceased to be in effect or the decision to cancel the relevant special permit (licence) has entered into effect in accordance with the laws and regulations regarding the circulation of excisable goods, pay the duty into the State budget for the relevant remainders of the excisable goods or use of a security, and take the following actions with the remainders of the excisable goods according to the permit obtained in accordance with the laws and regulations regarding the circulation of excisable goods:

1) moved to another tax warehouse in the Republic of Latvia;

2) sold to another tax warehouse or a registered consignee in the Republic of Latvia;

3) sold to a person who is entitled to receive excisable goods with duty exemption;

4) sold to a person who is entitled to receive excisable goods with duty relief;

5) exported to a foreign country which is not a Member State or to the territory referred to in Section 2, Paragraph 3.¹ of this Law;

6) destroyed.

(17¹) If the remainders of excisable goods referred to in Paragraph seventeen of this Section are sold to a person who is entitled to receive excisable goods with duty relief, the person whose special permit (licence) for the operation of an approved warehousekeeper has ceased to be in effect or has been cancelled shall pay the excise duty within the time period specified in Paragraph seventeen of this Section.

(18) A person shall pay the duty for excisable goods which are in temporary storage or to which the customs procedure is applied in accordance with the laws and regulations in the field of customs as soon as a customs debt on import or duty debt appears, except when the customs debt on import is not subject to collection. The procedures for the payment of the abovementioned duty shall not apply to the case referred to in Paragraph two of this Section.

(18¹) The obligation to pay the duty for excisable goods which have been brought into the Republic of Latvia from a foreign state which is not a Member State, or from a territory which is referred to in Section 2, Paragraph 3.¹ of this Law without delivering them to the customs authority or without presenting to the customs authorities, or evading customs control, or hiding them from such control, or without declaring them, or using falsified documents or documents containing false information, or in other illegal manner, shall arise at the moment when the customs debt on import arises.

(19) An approved warehousekeeper, in the case laid down in Paragraph thirteen of this Section, shall no longer pay the duty for those excisable goods stamped with excise duty stamps, for which he or she has paid the duty in accordance with Paragraph four of this Section, if the specific excisable goods stamped with excise duty stamps have been returned to the relevant tax warehouse and the storage, as well as recording thereof is ensured separately from the storage and recording of those excisable goods to which the duty suspension arrangement is applied.

(20) The taxation period of the duty for natural gas for the warehousekeeper approved for activities with natural gas, for a natural gas trader, a public trader, and a natural gas distribution system operator, if the abovementioned persons supply natural gas for consumption to end users, to an end user of natural gas who imports natural gas for own consumption in the Republic of Latvia, or to a person who purchases natural gas in another Member State, brings and sells it in retail as fuel, shall be one calendar month. The duty for natural gas shall be paid into the State budget within 15 days after the end of the taxation period.

(21) A person shall pay the duty for food supplements with absolute alcohol content exceeding 80 millilitres per packaging, which are registered, distributed, sold, processed and supplied in accordance with the laws and regulations regarding mandatory safety and labelling requirements for food supplements and the procedures for the registration of food supplements, into the State budget:

1) in accordance with Paragraph two of this Section, if the referred to food supplements are imported to the Republic of Latvia from a foreign state other than a Member State, or from a territory referred to in Section 2, Paragraph 3.¹ of this Law;

2) not later than within five working days after import or receipt of the food supplements in the Republic of Latvia or prior to sending the relevant excisable goods from another Member State, except for the case referred to in Section 21, Paragraph three of this Law;

3) within 15 days after the end of the taxation period, if the referred to food supplements are produced in the Republic of Latvia.

(22) A person who imports or receives the liquid to be used in electronic cigarettes in the Republic of Latvia shall, except for the case referred to in Section 21, Paragraph three and Paragraph four, Clause 3 of this Law, or in the case when the duty suspension arrangement is applied in accordance with the conditions of Section 25 of this Law, pay the duty into the State budget as follows:

1) in accordance with Paragraph two of this Section, if the liquid to be used in electronic cigarettes is imported or received in the Republic of Latvia from a foreign country, which is not a Member State, or from the territory referred to in Section 2, Paragraph 3.¹ of this Law;

2) in accordance with Paragraph seven of this Section, if the liquid to be used in electronic cigarettes is imported or received in the Republic of Latvia from a Member State.

(23) A person who is bringing in or receiving the products referred to in Section 5, Paragraph three of this Law to the Republic of Latvia for which the duty has not been paid, for the use thereof for the purposes specified in Section 5, Paragraph three of this Law, shall pay the calculated tax into the State budget not later than within five working days after receipt or bringing in of the abovementioned products.

(24) If a person is planning to use the products at its disposal which are referred to in Section 5, Paragraph three of this Law and for which the duty has not been paid, for the purposes specified in Section 5, Paragraph three of this Law or to sell them to a person who will use them for the abovementioned purposes, the calculated tax shall be paid into the State budget not later than within one working day prior to commencing the use or sale.

(25) In cases when the purpose of use of natural gas has changed, a user of natural gas who has received natural gas to which duty exemption or reduced duty rate has been applied, shall, within 15 days after the end of the taxation period, pay into the State budget, according to the duty rate specified for the purpose of use, the duty for the quantity of natural gas received in the taxation period or the difference in duty if reduced tax rate was applied to natural gas.

(26) In order to release for consumption non-alcoholic beverages or coffee in the Republic of Latvia, a person of another Member State who sells them under a distance contract shall pay the duty into the State budget within five working days after sale of the relevant excisable goods.

[1 December 2009; 22 April 2010; 14 April 2011; 30 November 2015; 5 May 2016; 9 March 2017; 25 October 2018]

Section 24. Duty Declaration

(1) An approved warehousekeeper and a registered consignee shall submit the duty return for a taxation period to the State Revenue Service within 15 days after the end of the relevant taxation period. In the case referred to in Section 23, Paragraph seven of this Law, where the duty is paid prior to the sending of the excisable goods from another Member State, the duty return shall be submitted not later than within five working days after receipt of the excisable goods in the Republic of Latvia. Payers of the duty shall submit the duty return for natural gas to the State Revenue Service within 15 days after the end of the taxation period. Other payers of the duty shall submit the duty return not later than five working days after the relevant time period for the duty payment prescribed by this Law. Importers who have paid the duty in accordance with Section 23, Paragraph two of this Law shall not submit the duty return.

(1¹) An approved warehousekeeper of another Member State or a registered consignor of another Member State, who pays the duty in accordance with Section 23, Paragraph 10 of this Law, shall not submit the duty return.

(2) An approved warehousekeeper shall submit the duty return for each tax warehouse separately.

(3) The Cabinet shall approve the form of the duty return and the procedures for the completion thereof.

[14 April 2005; 19 December 2006; 1 December 2009; 22 April 2010]

Section 24.¹ Calculation of Duty and Recovering in Case of Lost Excisable Goods

If, when moving excisable goods under the duty suspension arrangement from a Member State to the Republic of Latvia or through the territory of the Republic of Latvia, a shortage is established in the Republic of Latvia (for example, theft, loss or disappearance), the State Revenue Service shall take a decision on the calculation of duty. If the calculated duty is not paid within the time period specified in Section 23, Paragraph ten of this Law, the State Revenue Service shall recover it by uncontested procedures.

[15 December 2011]

Chapter VII
Movement of Excisable Goods

Section 25. Movement of Excisable Goods under Duty Suspension Arrangement

(1) A registered consignor shall apply the duty suspension arrangement to excisable goods which:

1) are being moved to a tax warehouse in the Republic of Latvia;

2) are being moved to a tax warehouse in another Member State;

3) are being delivered to a registered consignee or a temporarily registered consignee in the Republic of Latvia or in another Member State;

4) are being delivered to the persons or other organisations in another Member State referred to in Section 20 of this Law;

5) are being moved for further export from the Republic of Latvia to a foreign state which is not a Member State or to a territory which is referred to in Section 2, Paragraph 3.¹ of this Law.

(2) A registered consignor performing the activities referred to in Paragraph one of this Section shall not pay the duty if, using the electronic administrative documents referred to in Paragraph nine of this Section within the scope of a computerised system, it is certified to the State Revenue Service or evidence submitted that the excisable goods conform to one of the following conditions:

1) they have been received in a tax warehouse in the Republic of Latvia or in another Member State;

2) they have been received by a registered consignor or a temporarily registered consignor in the Republic of Latvia or in another Member State;

3) they have been received by the organisations in other Member States referred to in Section 20 of this Law. In such case, in addition to the electronic administrative document referred to in Paragraph nine of this Section, a document which certifies that the excisable referred to goods are exempt from duty shall be used. This document is specified in Regulation No 282/2011;

4) they have been exported from the Republic of Latvia to a foreign state which is not a Member State, or to a territory which is referred to in Section 2, Paragraph 3.¹ of this Law.

(3) A registered consignor shall pay the duty in accordance with the duty rate laid down in this Law, if the State Revenue Service has not received a certification or evidence about the fulfilment of the conditions referred to in Paragraph two of this Section in the following period of time:

1) within 15 days from the day of commencement of the movement - for excisable goods which have only been moved in the Republic of Latvia;

2) within four calendar months from the day of commencement of the movement - for excisable goods which have been moved to other Member States (including movement through other Member States to a foreign state which is not a Member State, or to the territory referred to in Section 2, Paragraph 3.¹ of this Law), or exported to a state other than Member State.

(4) An approved warehousekeeper shall apply the duty suspension arrangement to excisable goods which:

1) from a tax warehouse in the Republic of Latvia:

a) are moved to a tax warehouse in the Republic of Latvia,

b) are moved to a tax warehouse in another Member State,

c) are delivered to a registered consignee or a temporarily registered consignee in the Republic of Latvia or in another Member State, or

d) are delivered to the persons or organisations in another Member State referred to in Section 20 of this Law;

2) are removed from a tax warehouse for subsequent export from the Republic of Latvia to a foreign state which is not a Member State, or to a territory which is referred to in Section 2, Paragraph 3.¹ of this Law.

(5) An approved warehousekeeper who performs the activities referred to in Paragraph four of this Section, shall not pay the duty if, using the electronic administrative document referred to in Paragraph nine of this Section within the scope of a computerised system, it is certified to the State Revenue Service or evidence submitted that the excisable goods conform to one of the following conditions:

1) they have been received in a tax warehouse in the Republic of Latvia or in another Member State;

2) they have been received by a registered consignor or a temporarily registered consignor in the Republic of Latvia or in another Member State;

3) they have been received by the organisations in other Member States referred to in Section 20 of this Law. In such case, in addition to the electronic administrative document referred to in Paragraph nine of this Section, a document which certifies that the excisable referred to goods are exempt from duty shall be used. This document is specified in Regulation No 282/2011;

4) they have been exported from the Republic of Latvia to a foreign state which is not a Member State, or to a territory which is referred to in Section 2, Paragraph 3.¹ of this Law.

(6) An approved warehousekeeper shall pay the duty in accordance with the duty rate laid down in this Law, if the State Revenue Service has not received a certification or evidence about the fulfilment of the conditions referred to in Paragraph five of this Section within the following periods of time:

1) within 15 days after the taxation period - for excisable goods which have only been moved in the Republic of Latvia;

2) within four calendar months from the day of commencement of the movement - for excisable goods which have been moved to other Member States (including movement through other Member States to a foreign state which is not a Member State, or to the territory referred to in Section 2, Paragraph 3.¹ of this Law), or exported to a state other than Member State.

(7) If the conditions referred to in Paragraphs two and five of this Section are fulfilled after the term specified, but not later than within three years from the commencement of movement, the paid duty shall be transferred to subsequent duty payments or refunded within 30 days after receipt of a written request of the relevant duty payer.

(8) A registered consignee or a temporarily registered consignee shall certify the receipt of excisable goods with a notification on the receipt of the relevant excisable goods, which he or she shall submit to the State Revenue Service, using the computerised system.

(9) In the cases specified in Paragraphs one, two, four, five and eight of this Section, such documents shall be used which are specified in Commission Regulation (EC) No 684/2009 of 24 July 2009 implementing Council Directive 2008/118/EC as regards the computerised procedures for the movement of duty excise goods under suspension of excise duty (hereinafter - Commission Regulation No 684/2009). The conditions for the use of the computerised system, the procedures for the circulation and control of the documents specified in Commission Regulation No 684/2009, including in cases where the computerised system is not accessible, as well as other conditions for the movement of excisable goods referred to in this Section shall be provided for by the Cabinet.

(10) When applying the duty suspension arrangement, wine may be received from small wine producers in other Member States under conditions specified in Commission Regulation (EC) No 436/2009 of 26 May 2009 laying down detailed rules for the application of Council Regulation (EC) No 479/2008 as regards the vineyard register, compulsory declarations and the gathering of information to monitor the wine market, the documents accompanying consignments of wine products and the wine sector registers to be kept (hereinafter - the Commission Regulation No 436/2009), provided that an approved warehousekeeper, a registered consignee or a temporarily registered consignee submits information regarding the received accompanying document of wine in the computerised system referred to in Paragraph nine of this Section within five working days after the day of delivery of goods.

(11) An approved warehousekeeper shall be permitted to apply the the duty suspension arrangement to non-alcoholic beverages, coffee, and liquid to be used in electronic cigarettes if these goods:

1) from a tax warehouse in the Republic of Latvia:

a) are moved to another tax warehouse in the Republic of Latvia;

b) are moved to a foreign state (including a Member State) or a territory which is referred to in Section 2, Paragraph 3.¹ of this Law, or

c) are delivered to the persons or organisations in another Member State referred to in Section 20 of this Law;

2) are brought in the Republic of Latvia from another foreign state (including a Member State) or from a territory referred to in Section 2, Paragraph 3.¹ of this Law, for movement to a tax warehouse in the Republic of Latvia.

(12) An approved warehousekeeper who performs the activities referred to in Paragraph eleven of this Section, shall not pay the duty if such documents are submitted to the State Revenue Service, or the approved list thereof is appended to the duty return, which certify that the non-alcoholic beverages, coffee, and liquid to be used in electronic cigarettes conform to one of the following conditions:

1) these goods have been received in a tax warehouse in the Republic of Latvia;

2) these goods have been exported from the Republic of Latvia to another Member State;

3) these goods have been exported from the Republic of Latvia to a foreign state which is not a Member State or to the territory referred to in Section 2, Paragraph 3.¹ of this Law; or

4) these goods have been received by the organisations referred to in Section 20 of this Law in another Member State.

(13) If the documents referred to in Paragraph twelve of this Section are not submitted to the State Revenue Service for non-alcoholic beverages, coffee, and liquid to be used in electronic cigarettes, which are moved during the taxation period in accordance with Paragraph eleven of this Section, within 15 days after the end of the taxation period, the approved warehousekeeper shall pay the duty in accordance with the duty rate laid down in this Law. If the relevant documents are submitted after the term specified, but not later than within three years after this term, the duty paid shall be transferred for the subsequent payments of duty or upon a written request of the relevant taxpayer of the duty it shall be refunded within 30 days after receipt of the request.

(14) An approved warehousekeeper is allowed to the duty suspension arrangement to such excisable goods to which the document specified in Commission Regulation No 684/2009 and provisions for use of the computerised system do not refer, if such goods:

1) from a tax warehouse in the Republic of Latvia:

a) are moved to another tax warehouse in the Republic of Latvia;

b) are moved to a foreign state (including a Member State) or a territory which is referred to in Section 2, Paragraph 3.¹ of this Law, or

c) are delivered to the persons or organisations in another Member State referred to in Section 20 of this Law;

2) are brought in the Republic of Latvia from another foreign state (including a Member State) or from a territory referred to in Section 2, Paragraph 3.¹ of this Law, for movement to a tax warehouse in the Republic of Latvia.

(15) An approved warehousekeeper, which performs the activities referred to in Paragraph fourteen of this Section, shall not pay the duty, if such documents are submitted to the State Revenue Service, or the approved list thereof is appended to the duty return, which certify that the excisable goods referred to in Paragraph fourteen of this Section conform to one of the following conditions:

1) these goods have been received in a tax warehouse in the Republic of Latvia;

2) these goods have been exported from the Republic of Latvia to another Member State;

3) these goods have been exported from the Republic of Latvia to a foreign state which is not a Member State or to the territory referred to in Section 2, Paragraph 3.¹ of this Law; or

4) these goods have been received by the organisations referred to in Section 20 of this Law in another Member State.

(16) If for the excisable goods referred to in Paragraph fourteen of this Section, which are moved in a taxation period in accordance with Paragraph fourteen of this Section, the documents referred to in Paragraph fifteen of this Section are not submitted to the State Revenue Service within 15 days after the end of the taxation period, an approved warehousekeeper shall pay the duty in accordance with the duty rate laid down in this Law. If the relevant documents are submitted after the term specified, but not later than within three years after this term, the duty paid shall be transferred for the subsequent payments of duty or upon a written request of the relevant taxpayer of the duty it shall be refunded within 30 days after receipt of the request.

(17) Regards activities with natural gas, an approved warehousekeeper is permitted to apply the duty suspension arrangement to natural gas, when the natural gas:

1) from a tax warehouse in the Republic of Latvia:

a) is moved to another tax warehouse in the Republic of Latvia;

b) is moved to a foreign state (including a Member State) or a territory which is referred to in Section 2, Paragraph 3.¹ of this Law;

c) is delivered to the persons or organisations referred to in Section 20 of this Law in another Member State;

2) is brought in the Republic of Latvia from another foreign state (including a Member State) or from a territory referred to in Section 2, Paragraph 3.¹ of this Law, for movement to a tax warehouse in the Republic of Latvia.

(18) An approved warehousekeeper who performs the activities referred to in Paragraph seventeen of this Section shall not pay the duty for activities with natural gas, if such documents are submitted to the State Revenue Service, or the approved list thereof is appended to the duty return, which certify that natural gas conforms to one of the following conditions:

1) natural gas has been received at a tax warehouse in the Republic of Latvia;

2) natural gas has been brought out from the Republic of Latvia to another Member State;

3) natural gas has been brought out from the Republic of Latvia to a foreign state which is not a Member State or to a territory referred to in Section 2, Paragraph 3.¹ of this Law;

4) natural gas has been received by the organisations in other Member States referred to in Section 20 of this Law.

(19) An approved warehousekeeper shall apply the duty suspension arrangement to the oil products which are pumped out of an aircraft before its technical maintenance or repair and moved to a tax warehouse.

[1 December 2009; 22 April 2010; 15 December 2011; 30 November 2015; 5 May 2016; 9 March 2017; 25 October 2018]

Section 26. Conditions for Movement of Excisable Goods already Released for Consumption from Another Member State or to Another Member State

(1) A natural person, except in the case referred to in Section 21, Paragraph three of this Law, or a legal person who brings in or receives in the Republic of Latvia excisable goods from another Member State which have already been released for consumption in another Member State shall, prior to the sending of the excisable goods from the relevant Member State, submit to the State Revenue Service information and pay the duty or submit an appropriate security. If the distance seller of the Member State has requested a document certifying payment of the duty, the State Revenue Service may issue it to the relevant payer of the duty after the duty for the excisable goods indicated in the information has been paid in the Republic of Latvia.

(1¹) In the case laid down in Paragraph one of this Section, when bringing in the Republic of Latvia excisable goods to be stamped with excise duty stamps, they should be stamped with excise duty stamps at the time of being brought in, in accordance with the conditions of Section 27 of this Law.

(1²) An end user who imports or receives natural gas which is not transported through natural gas transmission or distribution system pipelines in the Republic of Latvia from another Member State for his or her own consumption shall provide information to the State Revenue Service before sending the natural gas.

(2) In the case referred to in Paragraph one of this Section the specific persons shall certify the receipt of the excisable goods in the Republic of Latvia by submitting appropriate documents to the State Revenue Service.

(3) In respect of excisable goods which have been released for consumption in the Republic of Latvia and for which the duty has been paid, but which are brought out for commercial purposes by merchants from the Republic of Latvia to another Member State, on the basis of a written request of the relevant person the duty shall be paid over to cover a duty debt, for subsequent duty payments, other tax payments or the duty shall be refunded.

(4) In the cases referred to in this Section the documents specified in Commission Regulation (EEC) No 3649/92 of 17 December 1992 on a simplified accompanying document for the intra-Community movement of products subject to excise duty which have been released for consumption in the Member State of dispatch shall be used. The procedures for the circulation and control of documents, as well as other conditions regarding the movement of excisable goods referred to in this Section shall be determined by the Cabinet.

(4¹) Without the use of the documents specified in Paragraph four of this Section, wine may be received in the Republic of Latvia from small wine producers in other Member States under the conditions specified in the Commission Regulation No 436/2009, provided that the person submits information regarding the received accompanying document of wine in the computerised system referred to in Section 25, Paragraph nine of this Law within five working days after the goods have been delivered.

(4²) A natural person, except for the case referred to in Section 21, Paragraph three of this Law, and a legal person, which imports to or receives in the Republic of Latvia from another Member State excisable goods not subject to the excise duties in such a Member State, observing the provisions of Paragraphs one and two of this Section, may use other accompanying documents in the movement of goods, if it is impossible to draw up the documents referred to in Paragraph four of this Section.

(5) The Cabinet shall determine the procedures (documents to be submitted, terms for the refund of the duty, requirements for the certification of the duty payment and other conditions) by which the duty shall be paid over to cover a duty debt, for subsequent duty payments, other tax payments or the duty shall be refunded.

[18 March 2004; 19 December 2006; 8 November 2007; 14 November 2008; 1 December 2009; 15 December 2011; 25 October 2018]

Chapter VIII
Labelling of Excisable Goods

Section 27. Labelling of Alcoholic Beverages and Tobacco Products

(1) All alcoholic beverages and tobacco products shall be labelled with excise duty stamps except for cases specified in Paragraph three of this Section.

(2) It is permitted to label alcoholic beverages and tobacco products with excise duty stamps:

1) in the Republic of Latvia - only in tax warehouses or customs warehouses;

2) in foreign states (including Member States) - for importation into the Republic of Latvia.

(3) It is permitted not to label with excise duty stamps:

1) alcoholic beverages:

a) alcoholic beverages that have been filled into a packaging with a volume of up to 100 millilitres (including);

b) beer;

c) alcoholic beverages, which are sold in duty-free shops in accordance with the laws and regulations in the field of customs;

d) fermented beverages with the absolute alcohol content of up to 6 per cent by volume (inclusive);

1¹) tobacco products which are sold in duty-free shops in accordance with the laws and regulations in the field of customs, if a packaging unit of tobacco products contains such security element which is not an excise duty stamp, but has been determined in accordance with the laws and regulations regarding security elements;

1²) tobacco leaves;

1³) heated tobacco;

2) alcoholic beverages which have been exempt from the duty in accordance with Sections 16, 20 and 21 of this Law or are subject to the duty in accordance with Section 16, Paragraph four of this Law;

2¹) tobacco products which have been exempt from the duty in accordance with Sections 17 and 21 of this Law. The condition that a packaging unit of tobacco products contains a security element which is not an excise duty stamp, but has been determined in accordance with the laws and regulations regarding security elements, shall be complied with in respect of Section 20 and Section 21, Paragraph six;

3) alcoholic beverages and tobacco products which are stored, transported or sold or supplied applying the duty suspension arrangement in accordance with Section 25 of this Law;

4) alcoholic beverages and tobacco products that are imported by a natural person in his or her own personal luggage and the amount of which exceeds the amount specified in Section 21, Paragraph four of this Law or which a natural person brings in to the Republic of Latvia or receives for personal consumption from another Member State in accordance with Section 26 of this Law;

5) alcoholic beverages and tobacco products received by a natural person for personal consumption from a foreign country which is not a Member State.

(4) Excise duty stamps shall be issued by the State Revenue Service.

(5) Excise duty stamps shall be received by:

1) an importer;

2) an approved warehousekeeper in the Republic of Latvia;

3) a person who, in accordance with Section 26 of this Law, brings in the Republic of Latvia or receives from another Member State excisable goods stamped with excise duty stamps;

4) a registered consignee;

5) a temporarily registered consignee;

6) [5 May 2016].

(6) Upon receipt of the excise duty stamps, the relevant payers of the duty in accordance with this Law shall submit a certification of the duty payment, except an approved warehousekeeper, a registered consignee or a temporarily registered consignee, or security for the amount of the duty, which corresponds to the number of the issued excise duty stamps. An approved warehousekeeper who, in accordance with the provisions of the Handling of Alcoholic Beverages Law produces wine or fermented beverages himself or herself, the total volume of which does not exceed 1000 litres per calendar year, from products acquired in the gardens and hives in the ownership or possession thereof or from plants growing in the wild (without using spirit or other produced alcoholic beverages), shall submit a certification of the duty payment upon receipt of the excise duty stamps.

(7) Alcoholic beverages and tobacco products in respect of which excise duty stamps have been issued, shall be subject to the duty suspension arrangement until the moment when the duty for them is paid or excise duty stamps are returned in accordance with this Law.

(7¹) The payer of the duty is entitled to return the received but unused, damaged or removed from excise goods released for free circulation or released for consumption excise duty stamps to the State Revenue Service within three years after receipt thereof.

(8) If the payer of the duty returns the received but unused, damaged or removed from excise goods released for free circulation or released for consumption excise duty stamps to the State Revenue Service, expenses for the purchase thereof shall be covered by the relevant payer of the duty, except for the case referred to in Paragraph ten of this Section. If the payer of the duty orders excise duty stamps, but fails to claim them within the term specified, the payer of the duty, which ordered the relevant excise duty stamps, shall cover expenses for the purchase thereof. If the excise duty stamps have been destroyed in another Member State, the payer of duty to whom the excise duty stamps are issued shall cover the expenses for the supply of excise duty stamps.

(9) The returned or ordered, but unclaimed excise duty stamps shall be destroyed by the State Revenue Service. Expenses related to the destruction of the returned excise duty stamps shall be covered by the payer of the duty who has returned the excise duty stamps, except for the case referred to in Paragraph ten of this Section. Expenses related with the destruction of the ordered, but the payer of the duty who ordered the relevant excise duty stamps shall cover unclaimed excise duty stamps.

(10) If the State Revenue Service has issued to the payer of the duty invalid excise duty stamps, the expenses referred to in Paragraphs eight and nine of this Section shall not be covered by the relevant payer of the duty.

(11) If the payer of the duty returns to the State Revenue Service the received, but unused, invalid or damaged excise duty stamps, the relevant payer of the duty need not pay the duty. The duty need also not be paid in the case if the payer of the duty submits to the State Revenue Service a document issued by the tax authority of another Member State or a document regarding destruction of excise duty stamps, which has been approved by the tax authority of another Member State and which certifies that the duty stamps have been destroyed in another Member State.

(12) If a taxpayer of the duty returns to the State Revenue Service the received, but unused, invalid or damaged excise duty stamps and the duty has been paid in conformity with the returned excise duty stamps, the paid duty shall be transferred for the covering of duty debt, subsequent payments of duty or other tax payments. If the taxpayer of the duty does not have a duty debt, pursuant to a written request by the relevant taxpayer of the duty, the paid duty shall be refunded within 30 days after covering the expenses referred to in Paragraphs eight and nine of this Section.

(12¹) If the taxpayer of the duty returns to the State Revenue Service excise duty stamps for excisable goods, which have been released for free circulation or released for consumption, which have been exported to another Member State or to a state, which is not a Member State, destroyed or processed and for which duty has been paid, the paid duty shall be transferred for the covering of duty debt, subsequent payments of duty or other tax payments. If the taxpayer of the duty does not have a duty debt, pursuant to a written request by the relevant taxpayer of the duty, the paid duty shall be refunded within 30 days after covering the expenses referred to in Paragraphs eight and nine of this Section. The Cabinet shall determine the procedures (including taxpayer requirements and the documents to be submitted) by which in accordance with the provisions of this Paragraph the referred to duty is transferred for the covering of duty debt, subsequent payments of duty, other tax payments or the duty shall be refunded and the destruction or processing of alcoholic beverages or tobacco products are performed.

(13) Procedures by which alcoholic beverages and tobacco products shall be labelled with excise duty stamps (including conditions regarding the amount of excise duty stamps to be ordered, the time periods for issuing and conditions for receipt, as well as the requirements regarding provision of information on the stamps used) shall be determined by the Cabinet.

(14) If the excise duty stamp is used as a security element of tobacco product in duty-free shops in the cases referred to in Section 20, Paragraph one and Section 21, Paragraph six of this Law by applying exemption from the duty thereto, the payer of excise duty shall only cover their purchase costs when receiving excise duty stamps.

[20 December 2004; 10 November 2005; 19 December 2006; 8 November 2007; 14 November 2008; 1 December 2009; 28 October 2010; 14 April 2011; 17 December 2014; 30 November 2015; 5 May 2016; 23 November 2016; 25 October 2018; 6 February 2020 / In respect of tobacco products that are not cigarettes and fine-cut tobacco intended for the rolling of cigarettes, amendments to Paragraph three, Clause 1.¹, and in respect of supplementation of Paragraph three with Clause 2.¹ in relation to the security element which is contained by a packaging unit of tobacco products shall come into force on 20 May 2024. Amendment regarding the deletions of Paragraph three, Clauses 1.² and 1.³, which provide for not marking tobacco leaves and heated tobacco with the excise duty stamps, due to the security element which is contained by a packaging unit of tobacco products shall come into force on 20 May 2024 and shall be included in the wording of the Law as of 20 May 2024. See Paragraphs 106 and 107 of Transitional Provisions]

Section 28. Labelling (Marking) of Oil Products

(1) The oil products referred to in Section 14, Paragraph two and Section 18, Paragraphs three and five shall be labelled (marked).

(2) It is permitted to label (mark) oil products:

1) in the Republic of Latvia - only in tax warehouses;

2) in foreign states (including Member States) - for importation into the Republic of Latvia.

(3) The labelled (marked) oil products are permitted to be:

1) delivered or transferred to persons who have the right to receive them;

2) delivered to another tax warehouse in the Republic of Latvia or in another Member State;

3) brought out from the Republic of Latvia to another Member State;

4) exported from the Republic of Latvia to a foreign state other than a Member State.

(4) If the oil products referred to in Section 14, Paragraph two and Section 18, Paragraphs three and five are not labelled (marked), the duty in respect of them shall be calculated and paid according to the rate laid down in Section 14, Paragraph one.

(5) Procedures for the labelling (marking) of oil products and the circulation thereof shall be determined by the Cabinet.

[17 December 2014 / Amendments to Paragraphs one and four shall come into force on 30 October 2015. See Paragraph 76 of Transitional Provisions]

Chapter IX
Requirements in Respect of Tobacco Products

Section 29. Maximum Retail Selling Price

(1) Recipients of excise duty stamps for cigarettes to be sold shall determine the maximum retail selling price and inform the duty administration thereof, when ordering the excise duty stamps. A person who, in accordance with Section 26 of this Law, brings in the Republic of Latvia or receives for personal consumption cigarettes, shall indicate the weighted average retail selling price when ordering excise duty stamps.

(2) The maximum retail selling price shall not be determined for cigarettes which are moved in accordance with Sections 25 of this Law.

(3) Information regarding the maximum retail selling price, as well as the number of cigarettes in one packaging unit of cigarettes shall be indicated on the excise duty stamp or also on the packaging unit of cigarettes.

(4) In the Republic of Latvia, upon selling cigarettes, their number in a packaging unit must conform to the number which is indicated on the excise duty stamp or packaging unit accordingly.

(5) It is prohibited to sell cigarettes in the Republic of Latvia:

1) for a price that is higher than the maximum retail selling price for cigarettes;

2) if the maximum retail selling price is not indicated (printed) on the excise duty stamp or packaging unit.

[14 November 2008; 1 December 2009; 28 October 2010; 5 May 2016 / The new wording of Paragraphs three and four shall come into force on 1 January 2017. See Paragraph 94 of Transitional Provisions]

Section 30. Weighted Average Retail Selling Price

(1) Each year by 1 March the State Revenue Service shall determine and forward for publication in the official gazette Latvijas Vēstnesis the weighted average retail selling price in the previous calendar year, using data regarding the number of excise duty stamps for cigarettes which have been released for consumption or released into free circulation and information regarding the maximum retail selling price and number of cigarettes in a packet.

(2) When determining the weighted average retail selling price, such excise duty stamps shall not be taken into account, which in the relevant period of time have been returned to the State Revenue Service or destroyed in accordance with this Law, as well as the excise duty stamps referred to in Section 23, Paragraph fourteen of this Law.

(3) The weighted average retail selling price shall be determined in euros for 1000 cigarettes.

(4) When determining the weighted average retail selling price, all maximum retail selling prices determined by all consignees of excise duty stamps shall be expressed in euros for 1000 cigarettes.

[28 October 2010; 19 September 2013 / Amendments to Paragraphs three and four shall come into force on 1 January 2014. See Paragraph 70 of Transitional Provisions]

Chapter X
Security

Section 31. Types of Security

(1) In order to carry out activities with excisable goods and use duty suspension arrangement, the payer of the duty shall submit a security.

(2) A payer of the duty may submit the following securities:

1) a one-time security that is intended for a single specified amount of debt of the calculated duty;

2) a general security that is intended for a specified time period and a specified amount of debt of the calculated duty.

(3) The following may be used as security:

1) a security deposit;

2) an insurance policy for the performance of liabilities;

3) a guarantee from a credit institution;

4) [8 November 2007].

[8 November 2007]

Section 32. Application of Security

(1) The amount of security may not be less than the duty that has been calculated for the relevant amount of excisable goods with which activities are to be carried out applying duty suspension arrangement, except in the cases referred to in Paragraph six of this Section.

(2) Security shall be submitted in conformity with the calculated duty according to the duty rates laid down in Section 12, 13 or 14 of this Law.

(2¹) Security for excisable goods shall be applied until the moment of duty payment therefor or until it is determined that goods are exempt from the payment of the duty in accordance with this Law.

(3) Security shall be submitted:

1) for all excisable goods, which are located in a tax warehouse and to the duty suspension arrangement is applied, except for the excisable goods, which are marked with excise duty stamps, regarding which the relevant approved warehousekeeper has submitted a security, receiving for it excise duty stamps in accordance with Section 27, Paragraph six of this Law;

2) for excisable goods which are moved in accordance with Section 25 or 26 of this Law, except for the case where the duty has been paid prior to the sending of the excisable goods from another Member State in accordance with Section 23, Paragraph seven of this Law or when a security is submitted for excisable goods which are stamped with excise duty stamps, upon receipt of excise duty stamps in accordance with Section 27, Paragraph six of this Law;

3) in other cases provided for by this Law.

(4) A security shall be submitted irrespective of whether the referred to excisable goods will be exempted from duty, used for the production of other excisable goods or the duty will not be paid for other reasons. The referred to condition shall also apply to alcohol or to any other alcoholic beverage used as a raw material for the production of alcoholic beverages.

(4¹) When moving excisable goods in accordance with Section 25 of this Law, a security shall be valid in territories to which the provisions of this Law apply on the movement of excisable goods from other Member States or to other Member States.

(5) If the payer of the duty who in accordance with Section 27 of this Law returns the received but unused or damaged excise duty stamps to the State Revenue Service, prior to the receipt of excise duty stamps has submitted a one-time security which has been calculated according to the issued excise duty stamps, then security conforming to the amount of duty determined according to the excise duty stamps returned shall be cancelled or returned to the submitter after the covering of expenses referred to in Section 27, Paragraphs eight and nine of this Law.

(6) The Cabinet shall lay down the procedures by which the State Revenue Service issues, re-registers, and cancels a security certificate, suspends and restores operation of a security certificate, refuses to issue or re-register a security certificate, grants or cancels a reduction of general security, administers, extinguishes, diverts it for the covering of duty debts or returns a security, grants or cancels the status of a guarantor.

(7) In order to ensure payment of the duty in the case referred to in Section 23, Paragraph eighteen of this Law, when applying the customs procedure (except for the release for free circulation) or temporary storage to excisable goods in accordance with the laws and regulations in the field of customs, the Cabinet shall:

1) provide for the cases when a guarantee need not be submitted and the conditions upon the fulfilment of which the amount of the guarantee may be reduced for the duty payer;

2) determine the procedures by which guarantees shall be submitted, administered and cancelled.

[14 April 2005; 19 December 2006; 12 June 2009; 1 December 2009; 22 April 2010; 9 March 2017; 27 July 2017; 25 October 2018]

Chapter XI
Liability

Section 33. Liability for Violations of this Law in the Republic of Latvia

(1) Liability for violations of this Law shall be determined by this Law and the law On Taxes and Duties.

(2) In the Republic of Latvia it is prohibited to produce, use, process, store, move and sell excisable goods for which excise duty has not been paid, except for the cases specified in this Law.

(3) In the Republic of Latvia it is prohibited to produce, use, process, store, move and sell alcoholic beverages and tobacco products that have not been labelled with excise duty stamps, except for the cases specified in laws and regulations.

(4) The relevant State supervision and control institutions have the right to confiscate, in accordance with procedures prescribed in laws and regulations, such excisable goods which have been imported into the Republic of Latvia or moved out of a tax warehouse, but for which the duty has not been paid in accordance with this Law or security provided for by this Law has not been submitted for the performance of the activities referred to or which have not been labelled with excise duty stamps if it is provided for by this Law.

(5) Confiscation of excisable goods for violations of this Law or other laws and regulations or application of other laws and regulations in respect of violations in the circulation of excisable goods shall not exempt the specific person from liability to pay duty in accordance with this Law, as well as a late payment charge and a fine in accordance with the law On Taxes and Duties. The State Revenue Service shall not calculate the duty, late payment charge and fine for confiscated excisable goods that do not exceed the following amounts:

1) alcoholic beverages:

a) intermediate products and other alcoholic beverages - 5 litres,

b) beer, wine and fermented beverages - 30 litres;

2) tobacco products:

a) cigarettes - 300 cigarettes,

b) cigars or cigarillos - 900 cigars or cigarillos,

c) smoking tobacco or tobacco leaves, or heated tobacco - 500 grams;

3) oil products - 40 litres;

4) non-alcoholic beverages - 500 litres;

5) coffee - 20 kilograms;

6) liquid to be used in electronic cigarettes - 200 millilitres.

(6) [8 November 2007]

(7) If a person performs any activities with excisable goods, regardless of their origin, without complying with the provisions of laws and regulations (including brings in excisable goods from a foreign country which is not a Member State or from a territory which is referred to in Section 2, Paragraph 3.¹ of this Law in the Republic of Latvia, without delivering them to the customs authority or without presenting them to the customs authorities, or evading customs control, or hiding them from such control, or without declaring, or using falsified documents or documents containing false information, or in other illegal manner, or without complying with the procedures laid down in laws and regulations regarding bringing in of excisable goods and payment of the duty, or without carrying out the relevant customs procedures; performs unregistered or other production of excisable goods without complying with the procedures laid down in laws and regulations regarding the production of excisable goods; performs any other activities with excisable goods for which duty has not been paid or the security or guarantee provided for by this Law has not been submitted, or which have not been labelled with excise duty stamps in accordance with this Law), the State Revenue Service shall collect by uncontested procedures into the State budget in accordance with the duty rates specified in this Law the unpaid amounts of the duty, as well as late fee and fine in accordance with the law On Taxes and Duties.

(8) If the State Revenue Service upon inspecting the activities of the relevant person with excisable goods determines a surplus of excisable goods which is not indicated in the account books of this person and he or she cannot prove how the surplus has occurred or that the duty for the determined surplus has been paid, it shall be considered that the relevant person has produced, purchased or performed other activities with excisable goods for which the duty has not been paid, and the amount of the unpaid duty, as well as a late payment charge and a fine in accordance with the law On Taxes and Duties shall be collected from such person.

(9) In the cases referred to in Paragraphs seven and eight of this Section the State Revenue Service shall calculate the duty according to the rates which were in force on the day when the relevant activities were performed. If it may not be determined, the duty shall be calculated according to the rates, which were in force on the day when the activities referred to were determined.

(10) If a State institution other than the State Revenue Service determines within its competence that a person has performed the activities referred to in Paragraph seven or eight of this Section, the relevant State institution shall notify the State Revenue Service in writing thereof (not later than within three working days). The State Revenue Service shall collect by uncontested procedures into the State budget in accordance with the duty rates laid down in this Law the unpaid amounts of the duty, as well as a late payment charge and a fine in accordance with the law On Taxes and Duties.

(11) In cases referred to in Paragraph seven of this Section the duty, as well as late payment charge and fine shall be recovered from the person who possesses the excisable goods with which activities referred to in Paragraph seven of this Section have been performed, or from the person who has performed the activities referred to in Paragraph seven of this Section if the possessor of the abovementioned excisable goods has not been determined.

(12) The payer of the duty and the person referred to in Section 18, Paragraph five, Clause 4 of this Law is prohibited from selling, supplying or handing over excisable goods to which duty exemption or relief is applied in accordance with this Law to such a person which does not have the right to receive them.

(13) If the requirements laid down in Paragraph twelve of this Section are not met, the duty, late payment charge and fine shall be paid for the abovementioned excisable goods in accordance with the procedures laid down in this Section. The duty, late payment charge and fine shall be recovered accordingly from the payer of the duty or the person referred to in Section 18, Paragraph five, Clause 4 of this Law which sells, supplies or hands over excisable goods and has not complied with the procedures provided for in Paragraph twelve of this Section or the relevant Cabinet regulations by which the application of the duty exemption or relief to the abovementioned excisable goods is allowed in accordance with this Law.

(14) A payer of the duty is prohibited from supplying oil products to which the conditions of Section 14, Paragraph two of this Law are applied to a person who does not have the right to receive them.

(15) If the requirements laid down in Paragraph fourteen of this Section are not met, the duty, late payment charge and fine for the abovementioned excisable goods shall be paid in accordance with the procedures laid down in this Section. The duty, late payment charge and fine shall be recovered from the payer of the duty who has supplied oil products and has not complied with the procedures provided for in Paragraph fourteen of this Section or the relevant Cabinet Regulations by which it is permitted to apply the conditions of Section 14, Paragraph two of this Law to the abovementioned oil products.

(16) Persons who have received excisable goods to which the provision specified in Section 14, Paragraph two or six of this Law is applied or duty exemption or relief in accordance with this Law is applied are prohibited from using them for other purposes (than prescribed for the specified duty exemption or relief or the relevant provision specified in the Law) or transfer them to another person who does not have the right to receive them.

(17) If the requirements laid down in Paragraph sixteen of this Section are not met, the duty, late payment charge and fine for the abovementioned excisable goods shall be paid in accordance with the procedures laid down in this Section. The duty, late payment charge and fine shall be recovered from the person who has received excisable goods and has not complied with the procedures provided for in Paragraph sixteen of this Section or the relevant Cabinet Regulations by which it is permitted to apply to the abovementioned excisable goods a duty exemption or relief in accordance with this Law or have not complied with that specified in Section 14, Paragraphs two and six of this Law. This Paragraph shall not apply to the cases referred to in Section 16, Paragraph four of this Law.

(18) Persons who have received labelled (marked) oil products are prohibited from transferring them to another person who has no right to receive them.

(19) If the requirements laid down in Paragraph eighteen of this Section are not met, the duty, late payment charge and fine for the labelled (marked) oil products shall be paid in accordance with the procedures laid down in this Section. The duty, late payment charge and fine shall be recovered from the person who has received labelled (marked) oil products and has violated the procedures provided for in Paragraph eighteen of this Section or the relevant Cabinet regulations by which it is permitted to use labelled (marked) oil products.

(20) It is prohibited to utilise labelled (marked) oil products as fuel in motor vehicles or for purposes other than prescribed by the Law. A person who utilises the labelled (marked) oil products as fuel for motor vehicles or for purposes other than prescribed by this Law, shall be liable for the violation committed in accordance with the Administrative Violations Code of Latvia.

(21) If control institutions establish that a person does not use the fuel referred to in Section 18, Paragraph five for the intended purposes, the Rural Support Service shall revoke a decision according to which the volume of the referred to fuel was allocated for the current economic year.

[19 December 2006; 8 November 2007; 14 November 2008; 22 April 2010; 14 April 2011; 17 December 2014; 30 November 2015; 5 May 2016; 9 March 2017]

Section 34. Liability for Violations in Moving Excisable Goods from Another Member State or to Another Member State

(1) If it is determined that a natural person or a legal person upon importing or receiving excisable goods in the Republic of Latvia from another Member State has violated the requirements of this Law, he or she shall pay the duty in accordance with Section 33 of this Law.

(2) If in moving excisable goods from the Republic of Latvia to another Member State or from another Member State to the Republic of Latvia a violation has been committed which is related to the payment of the duty, the duty in the Member State where the violation was committed shall be paid by the person moving the excisable goods.

(3) If the excise duty in accordance with Paragraph two of this Section is collected in another Member State, the relevant person does not have to pay the duty in the Republic of Latvia.

(4) In a case when upon movement of excisable goods from the Republic of Latvia to another Member State they do not reach the intended destination and it is not possible to determine where the violation has been committed, the consignor of the excisable goods shall pay the duty in accordance with this Law, if this Law does not provide for otherwise and if within four months from the dispatch of excisable goods the State Revenue Service has not received proof of the legality of the transaction or the place where the violation has been committed, as well as proof that the duty for the referred to excisable goods has been paid in another Member State.

(5) If within three years it is determined that the violation referred to in Paragraph four of this Section has been committed in another Member State and proof is submitted that the duty has been paid in the relevant Member State, the duty paid in the Republic of Latvia shall be refunded to the relevant person.

(6) If it is determined that a violation related with the payment of the duty has been committed in another Member State with excisable goods for which excise duty stamps have been received in the Republic of Latvia, the duty in the Republic of Latvia need not be paid (except for the provisions of Section 23, Paragraphs thirteen, fourteen and fifteen of this Law) if it is paid in the relevant Member State.

[1 December 2009; 20 December 2010]

Chapter XII
Administrative Offences in the Field of Movement of Excisable Goods and Competence within the Administrative Offence Proceedings

[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 110 of Transitional Provisions]

Section 35. Administrative Offences in the Field of Movement of Excisable Goods

[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 110 of Transitional Provisions]

Section 36. Competence within the Administrative Violations Proceedings

[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 110 of Transitional Provisions]

Transitional Provisions

1. With the coming into force of this Law, the following laws and regulations are repealed:

1) law On Excise Duty for Alcoholic Beverages (Latvijas Republikas Saeimas un Ministru Kabineta Ziņotājs, 1998, No. 24; 1999, No. 17, 24; 2003, No. 2);

2) law On Excise Duty for Beer (Latvijas Republikas Saeimas un Ministru Kabineta Ziņotājs, 1999, No. 24);

3) law On Excise Duty for Tobacco Products (Latvijas Republikas Saeimas un Ministru Kabineta Ziņotājs, 1998, No. 24; 1999, No. 17; 2002, No. 14; 2003, No. 2);

4) law On Excise Duty for Oil Products (Latvijas Republikas Saeimas un Ministru Kabineta Ziņotājs, 1997, No. 24; 1998, No. 13; 1999, No. 2, 6, 17, 24; 2000, No. 1, 14; 2001, No. 7, 24; 2002, No. 14; 2003, No. 2, 8); and

5) law On Excise Duties (Latvijas Republikas Saeimas un Ministru Kabineta Ziņotājs, 1999, No. 24; 2000, No. 10; 2001, No. 15).

2. The duty rate for cigarettes specified in Section 13, Paragraph one, Clause 2 of this Law shall come into force on 1 January 2009.

[19 December 2006]

3. Until coming into force of the duty rate for cigarettes specified in Section 13, Paragraph one, Clause 2 of this Law, the duty shall be imposed according to the following rates:

1) until 31 December 2004 - by summing up the amounts obtained by applying the duty rates referred to in Sub-paragraphs a) and b):

a) 6.3 lats for 1000 cigarettes,

b) 6.1 per cent of the maximum retail selling price;

2) from 1 January 2005 until 31 December 2005 - by summing up the amounts obtained by applying the duty rates referred to in Sub-paragraphs a) and b):

a) 6.9 lats for 1000 cigarettes,

b) 10.5 per cent of the maximum retail selling price;

3) from 1 January 2006 until 31 December 2006 - by summing up the amounts obtained by applying the duty rates referred to in Sub-paragraphs a) and b):

a) 7.6 lats for 1000 cigarettes,

b) 14.8 per cent of the maximum retail selling price;

4) from 1 January 2007 until 30 June 2007 - by summing up the amounts obtained by applying the duty rates referred to in Sub-paragraphs a) and b):

a) 8.4 lats for 1000 cigarettes,

b) 19.2 per cent of the maximum retail selling price;

5) from 1 July 2007 until 31 December 2007 - by summing up the amounts obtained by applying the duty rates referred to in Sub-paragraphs a) and b):

a) 10 lats for 1000 cigarettes,

b) 25 per cent of the maximum retail selling price;

6) from 1 January 2008 until 31 December 2008 - by summing up the amounts obtained by applying the duty rates referred to in Sub-paragraphs a) and b):

a) 17.8 lats for 1000 cigarettes,

b) 32.2 per cent of the maximum retail selling price.

[19 December 2006]

4. The duty rate laid down in Section 13, Paragraph one, Clause 3, Sub-clause a) of this Law, for fine-cut tobacco intended for the rolling of cigarettes, shall come into force on 1 July 2004.

5. Until the coming into effect of the duty rate laid down in Section 13, Paragraph one, Clause 3, Sub-clause a) of this Law for fine-cut tobacco intended for the rolling of cigarettes, it shall be levied with a duty - 19 lats for 1000 grams of tobacco.

6. Until 31 December 2004 Section 1, Paragraph two, Clause 2, Section 23, Paragraphs thirteen, fourteen and fifteen, Section 27 and other conditions regarding excise duty stamps shall apply only to cigarettes but shall not apply to other tobacco products.

7. Until 30 June 2005 in the Republic of Latvia it is permitted to market tobacco products (except for cigarettes) also without excise duty stamps.

8. Legal persons carrying out commercial activities with oil products according to the situation on the day of coming into force of this Law shall take inventory of the stocks of oil products in the ownership thereof and shall pay excise duty for the amount of oil products determined as a result of inventory, the amount of which duty shall be calculated as a difference between the excise duty according to the excise duty rate laid down in this Law and excise duty according to the rate laid down in the law On Excise Duty for Oil Products.

9. During the period from 1 April 2004 until 30 April 2004 Section 2, Paragraph six and Paragraph seven, Clause 1, as well as Sections 31 and 32 of this Law shall be applicable in order to implement transition to licences and securities in conformity with the requirements of this Law and ensure the validity thereof from 1 May 2004.

[18 March 2004]

10. Requirements of Paragraph 8 of the Transitional Provisions of this Law regarding calculation and payment of the excise duty difference are not applicable to the following oil products:

1) unleaded petrol, the substitute products and components thereof if ethyl alcohol has been added thereto which has been acquired from agricultural raw materials and which has been dehydrated (with alcohol content of at least 99.5 per cent by volume) and which has been denatured - at least 4.5 per cent by volume of the total amount of oil products;

2) diesel fuel (gas oil), its substitute products and components if biodiesel fuel has been added thereto which has been obtained from rape seed oil and biodiesel fuel constitutes 5 and more per cent by volume of the total amount of oil products.

[29 April 2004]

11. Paragraph 10 of the Transitional Provisions of this Law shall be applicable to the relevant amount of specific oil products for which excise duty has been paid in compliance with the provisions of Section 6, Paragraphs seven, eight and ten of the law On Excise Duty for Oil Products. It is permitted to modify the relevant amount of the specific oil products in a tax warehouse for oil products so that these products meet the conditions of Section 14, Paragraph three or four of this Law and to export these products without paying excise duty.

[29 April 2004]

12. Up to 30 June 2007, with an increase in the rate of excise duty, merchants, who perform commercial activities with oil products shall, on the day when the change in the rate excise duty for oil products occurs, perform an inventory of the stocks of oil products, which are referred to in Section 14, Paragraph one of this Law, and in respect of the amounts of oil products determined by the inventory shall within 15 days (including the day when the change in the rate excise duty occurs) pay into the State budget the excise duty thereof, the amount of which shall be calculated as the difference between the rate of excise duty, which is in effect on the day of the inventory (the day when the new rate of excise duty came into effect), and the rate of excise duty, which was in effect up to the day when the rate of excise duty changed, as well as in respect of the inventory performed shall submit to the State Revenue Service the inventory list. If the rate of excise duty is reduced, the difference in excise duty shall not be refunded.

[20 December 2004; 19 December 2006]

12.¹ Commencing with I January 2008, with an increase in the rate of excise duty for alcoholic beverages, tobacco products or oil products in the situation on the day when the change in the rate of excise duty occurs, an inventory shall be performed:

1) an accounting of existing relevant stocks of alcoholic beverages, tobacco products or oil products:

a) by the registered consignee,

b) by the person who has received a special permit (licence) for the wholesale trade of alcoholic beverages, tobacco products or oil products,

c) by the person who has received a special permit (licence) for the retail trade of alcoholic beverages, tobacco products or oil products;

2) an accounting of existing relevant stocks of alcoholic beverage and tobacco product excise duty stamps if the in respect of the relevant excise goods a duty in conformity received excise duty stamps has been paid in accordance with Section 23, Paragraph fourteen of this Law:

a) by the approved warehousekeeper,

b) by the importer if the excise goods to be marked or marked with the relevant excise duty stamps are not suitable for the customs procedure - release for free circulation,

c) by the registered consignee and the temporarily registered consignee if the excise goods marked with the relevant excise duty stamps have not been received in the Republic of Latvia;

3) by an approved warehousekeeper of the existing alcoholic beverages and tobacco product stores in the tax warehouse, if the duty has been paid for the relevant excisable goods in accordance with Section 23, Paragraph thirteen of this Law and they have been returned to the relevant tax warehouse, provided that, in conformity with Section 23, Paragraph nineteen of this Law, the storage, as well as the accounting thereof, is ensured separately from the storage and accounting of those excisable goods to which the duty suspension arrangement is applied.

[8 November 2007; 14 November 2008; 1 December 2009; 22 April 2010; 5 May 2016]

12.² Commencing with I January 2008, with an increase in the rate of excise duty for tobacco products in the situation on the first day of the following month after the change in the rate of excise duty occurs, a person who has received a special permit (licence) for retailing of tobacco products shall perform an inventory and account for the existing stocks of tobacco products.

[8 November 2007]

12.³ The person referred to in Paragraph 12.¹ of these Transitional Provisions:

1) in accordance with the requirements of the laws and regulations governing accounting shall compile inventory lists in at least two copies of which one copy shall be kept at every location of storage and sale of the relevant excise goods. The tobacco product inventory list shall indicate the following additional requisites: unit of measurement (packs - pieces, number of cigarettes in a pack - pieces), maximum retail selling price for one pack, duty for one pack up to the change in the rate, duty for one pack after the change in the rate, the difference in duty for one pack, and the total amount of the duty difference;

2) within 15 days (including the day when change in the duty rates takes place) shall submit to the State Revenue Service a tax calculation for the calculated amount of difference in duty to be paid into the budget. If on the basis of the circumstances on the day when the change in the rate of duty occurs, the referred to excise goods stocks are not in the accounting, they shall be indicated in the duty calculation to be submitted;

3) shall pay into the State budget the calculated total amount of the duty difference within 45 days (including the day when the change in the rate of excise duty occurred). If the rate of duty is reduced, the duty difference shall not be refunded.

[8 November 2007; 14 November 2008; 12 June 2009; 28 October 2010; 30 November 2015; 5 May 2016]

12.⁴ The person referred to in Paragraph 12.² of these Transitional Provisions:

1) in accordance with the requirements of the laws and regulations governing accounting shall compile inventory lists in at least two copies of which one copy shall be kept at every location of storage and sale of tobacco products. The inventory list of tobacco products (cigarettes) shall indicate the following additional requisites:

a) the maximum retail selling price for one pack of the cigarettes in existing stocks and the relevant unit of measurement (packs - pieces, number of cigarettes in a pack - pieces),

b) the time period between the change in the rate of duty and the day of inventory - the received number of cigarette packs with the relevant maximum retail selling price and number of cigarettes in the relevant pack,

c) the relevant number of cigarette packs with the relevant maximum retail selling price and number of cigarettes in the relevant pack (the number of such packs is acquired by subtracting the number of cigarette packs referred to in Sub-paragraph "b" from the number cigarettes packs referred to in Sub-paragraph "a"). If number of cigarette packs referred to in Sub-paragraph "b" is larger than the number cigarettes packs referred to in Sub-paragraph "a" or the equal to it, 0 shall be indicated,

d) the duty for one cigarette pack referred to in Sub-paragraph "c" up to the change in the rate of duty,

e) the duty for one cigarette pack referred to in Sub-paragraph "c" after the change in the rate of duty,

f) the duty difference for one cigarette pack referred to in Sub-paragraph "c",

g) the total amount of the duty difference;

2) within 15 days (including the day when inventory takes place) shall submit to the State Revenue Service a tax calculation where the calculated amount of the difference in duty to be paid into the budget is indicated. If according to the situation when the stocks are inventoried, there no stocks of tobacco products in the accounting, this shall be indicated in duty calculation to be submitted;

3) the amount of duty difference to be paid into the State budget shall be calculated and paid within 15 days (including the day when the inventory was performed) in respect of the amount of such relevant tobacco products, which are acquired by subtracting the amount of tobacco products received between the day of the change in the rate of duty and the day of inventory from the amount accounted for in the inventory list.

[8 November 2007; 12 June 2009; 28 October 2010; 30 November 2015; 5 May 2016; 25 October 2018]

12.⁵ If the person referred to in Paragraph 12.¹ of these Transitional Provisions within one month after the change in the rate of duty has received tobacco products from the tobacco product retail trade, he or she shall perform a duty recalculation for the relevant tobacco products, and pay the amount of the rate of duty difference, as well as submit the necessary documents within 45 days after the change in the rate of duty (including the day when the change in the rate of duty occurred), taking into account the provisions of Paragraph 12.⁴, Clauses 1 and 2 of these Transitional Provisions.

[8 November 2007]

12.⁶ If the persons referred to in Paragraph 12.¹ of these Transitional Provisions submit the reports specified in the laws and regulations governing circulation of excisable goods to the State Revenue Service and on the day of changing the excise duty rate it has no remaining excisable goods for which the excise duty rates change, they need not perform the activities referred to in Paragraph 12.³ of these Transitional Provisions.

[5 May 2016]

12.⁷ Starting from 1 January 2019, upon an increase in the duty rates for alcoholic beverages, a person who has received a special permit (licence) for the retail trade of alcoholic beverages may, if the duty rate changes, not to conduct inventory for the alcoholic beverages the packaging of which is opened for trade, and the volume of the opened packaging unit does not exceed two litres.

[25 October 2018]

13. Amendments to Section 2, Paragraph seven, Clause 1 of this Law in relation to the delegation to the Cabinet to specify the rate of State fee and procedures for payment for the issuance and re-registration of special permits (licences) shall come into force on 1 September 2005.

[20 December 2004]

14. The Cabinet shall, by 1 July 2005, issue the regulations provided for in Section 5, Paragraph five; Section 14, Paragraph seven and Section 18 of this Law. Up to the day of the coming into force of the new Cabinet regulations, but not longer than up to 1 July 2005, the following relevant Cabinet regulations shall be applicable insofar as they not in contradiction with this Law:

1) Cabinet Regulation No. 359 of 20 April 2004, Procedures by which Reduced Rate of Excise Duty or Exemption from Excise Duty shall be Applied to Some Mineral Oils;

2) Cabinet Regulation No. 432 of 27 April 2004, Procedures for the Circulation of Biofuels and the Administration of the relevant Excise Duty.

[20 December 2004]

15. The Cabinet shall harmonise the regulations provided for in Section 17 and Section 21, Paragraph two of this Law with the amendments to the Law On Excise Duty. Up to the day that the relevant amendments made in such regulations have come into force, but not longer than up to 1 September 2005, the following relevant Cabinet regulations shall be applicable insofar as they not in contradiction with this Law:

1) Cabinet Regulation No. 173 of 25 March 2004, Procedures by which Individual Tobacco Products are Exempted from Excise Duty;

2) Cabinet Regulation No. 232 of 1 April 2004, Procedures for the Circulation of Excisable Goods.

[20 December 2004]

16. Section 1, Paragraph two, Clause 15 and Section 12, Paragraphs two and three of this Law shall come into force on 1 January 2006.

[14 April 2005]

17. Section 14, Paragraph three, Clause 2 of this Law shall come into force on 1 July 2007.

[19 December 2006]

18. The Cabinet shall by 1 July 2007 issue the regulations provided for in Section 5, Paragraph five; Section 14, Paragraphs 2.¹ and seven and Section 24, Paragraph three of this Law. Up to the day that the new Cabinet regulations have come into force, but not longer than up to 1 July 2007, the following Cabinet regulations shall be applicable appropriately insofar as they are not in contradiction with this Law:

1) Cabinet Regulation No. 485 of 28 June 2005, Procedures by which Reduced Rate of Excise Duty or Exemption from Excise Duty shall be Applied to Some Mineral Oils;

2) Cabinet Regulation No. 498 of 5 July 2005, Procedures for Circulation of Fuel Containing Bioproducts and Administration of the Relevant Excise Duty;

3) Cabinet Regulation No. 97 of 31 January 2006, Regulations regarding Excise Duty Declaration Forms.

[19 December 2006]

19. The Cabinet shall by 1 July 2008 issue the regulations provided for in Section 26, Paragraph five and Section 27, Paragraph 12.¹ of this Law. Up to the day of the coming into force of the new Cabinet regulations, but not later than up to 1 July 2008, Cabinet regulation No. 356 of 20 April 2004, Procedures by which Excise Duty is Refunded for Excisable Goods Brought out from the Republic of Latvia to other European Union Member States, shall be applied insofar as it is not in contradiction with this Law.

[8 November 2007]

20. The duty rate for beer specified in Section 12, Paragraph one, Clause 1 of this Law shall come into force on 1 February 2009. Until the date when the duty rate for beer specified in Section 12, Paragraph one, Clause 1 of this Law comes into force, a duty shall be imposed on beer (for 100 litres) according to the rate of 1.30 lats per each per cent of absolute alcohol by volume that has been determined with a precision up to one-tenth, but not less than 2 lats per 100 litres of beer.

[14 November 2008]

21. The duty rate for other alcoholic beverages specified in Section 12, Paragraph one, Clause 5 of this Law shall come into force on 1 February 2009. Until the date when the duty rate for other alcoholic beverages specified in Section 12, Paragraph one, Clause 5 of this Law comes into force, a duty shall be imposed on other alcoholic beverages according to the rate of 630 lats per 100 litres of absolute alcohol.

[14 November 2008]

22. The duty rate for other smoking tobacco specified in Section 13, Paragraph one, Clause 3, Sub-clause "b" of this Law shall come into force on 1 February 2009. Until the date when the duty rate for other smoking tobacco specified in Section 13, Paragraph one, Clause 3, Sub-clause "b" of this Law comes into force, a duty shall be imposed on other smoking tobacco according to rate 14 lats per 1000 grams of tobacco.

[14 November 2008]

23. After the coming into force of amendments to Section 5, Paragraph five and Section 18, Paragraph one of this Law and until the date of the coming into force of the relevant Cabinet regulations, but not later than until 1 July 2009, Cabinet Regulation No. 525 of 31 July 2007, Procedures by which a Reduced Rate of Excise Duty or Exemption from Excise Duty shall be Applied to Some Oil Products, shall be applied insofar as it is not in conflict with this Law.

[14 November 2008]

24. Amendments to Section 14, Paragraph three, amendment to Section 18, Paragraph five regarding adding Clause 6 to the Paragraph, amendment regarding deletion of Section 18, Paragraph 7 of this Law and amendment to Section 20, Paragraph four shall come into force on 1 January 2010.

[12 June 2009]

25. The Cabinet Regulation No. 213 of 30 March 2004, Procedures for Refunding of Excise Duty for Fuel Oil, Substitute Products and Components Thereof that are Used as Heating Fuel, issued in accordance with Section 18, Paragraph seven of this Law regarding the amount of fuel oil actually purchased and used in 2009 shall be applicable until 20 February 2010.

[12 June 2009]

26. Until the date of coming into force of new Cabinet Regulation specified in Section 32, Paragraph six, Clause 1 of this Law, but no longer than until 1 April 2010 the Cabinet Regulation No. 638 of 30 August 2005, Regulations Regarding Guarantees of Excise Duty for Alcoholic Beverages, Tobacco Products and Mineral Oils, shall be applied insofar as they are not in contradiction with this Law.

[12 June 2009; 1 December 2009]

27. Amendment to Section 14, Paragraph two shall come into force on 1 July 2010.

[12 June 2009]

28. From 1 April 2010 the special permits (licences) and general security certificates for the activities of representatives of excise duty payers and general security certificates for the activities of importers shall cease to be in effect.

[1 December 2009]

29. The special permits (licences) for the activities of an approved trader, which have not been re-registered in accordance with the procedures specified by Paragraphs 30 and 31 of these Transitional Provisions until 31 March 2010, shall cease to be in effect on 1 April 2010.

[1 December 2009]

30. The merchants which have been issued a special permit (licence) for the activities of an approved trader involving coffee or non-alcoholic beverages in the time period between 1 February 2010 and 28 February 2010 are entitled to submit a submission for the re-registration of the referred to special permits (licences) for a special permit (licence) for the activities of an approved tax warehousekeeper with the relevant types of excisable goods, without paying a State fee.

[1 December 2009]

31. Merchants which have been issued a special permit (licence) for the activities of an approved trader involving alcoholic beverages, tobacco products or oil products in the time period between 1 February 2010 and 28 February 2010 are entitled to submit a submission for the re-registration of the referred to special permit (licence) for a special permit (licence) for the activities of a registered consignee with the relevant types of excisable goods, without paying a State fee.

[1 December 2009]

32. Merchants which have been issued a special permit (licence) for the activities of a tax warehousekeeper involving alcoholic beverages, tobacco products or oil products in the time period between 1 February 2010 and 28 February 2010 are entitled to submit a submission in order to receive a special permit (licence) for the activities of a registered consignee with the relevant excisable goods, without paying a State fee.

[1 December 2009]

33. Special permits (licences) for the activities of a tax warehousekeeper, which have been issued until 31 March 2010, shall be valid for the activities of an approved tax warehousekeeper with the relevant types of excisable goods without re-registration.

[1 December 2009]

34. General security certificates for the operation of a tax warehousekeeper which have been issued until 31 March 2010 shall be valid for the activities of a tax warehousekeeper with the relevant types of excisable goods until the expiry of the validity thereof, but not longer than until 1 October 2010.

[1 December 2009]

35. General security certificates which have been issued until 31 March 2010 for the activities of an approved trader shall be valid for the activities of a registered consignee with the relevant types of excisable goods until the expiry of the validity thereof, but not longer than until 1 October 2010.

[1 December 2009]

36. The one-time security certificates issued until 31 March 2010 shall be valid until the expiry of the validity thereof.

[1 December 2009]

37. In the time period between 1 February 2010 and 31 March 2010 amendments to Section 2, Paragraph six, Clauses 1, 2 and 3 and Paragraph seven, Clauses 2 and 3 of this Law in respect of the approved tax warehousekeeper, the registered consignee and the registered consignor shall be applicable in order to implement the transition to the special permits (licences) conforming to the requirements of this Law and to ensure the validity thereof from 1 April 2010.

[1 December 2009]

38. In order to implement the transition to the requirements of this Law regarding the use of electronic administrative documents within the scope of a computerised system, when applying the duty suspension arrangement in accordance with Section 25 of this Law for the movement of alcoholic beverages, tobacco products and oil products, which has been initiated until 31 December 2010, the documents which are specified in Commission Regulation (EEC) No 2719/92 of 11 September 1992 on the accompanying administrative document for the movement under duty-suspension arrangements of products subject to excise duty (hereinafter - Commission Regulation No 2719/92) may be used. The documents specified in Commission Regulation No 2719/92 shall also be used in such case where the referred to documents continue to be used in the Member State of the consignor of excisable goods until 31 December 2010 for the dispatch of alcoholic beverages, tobacco products and oil products, applying the duty suspension arrangement.

[1 December 2009]

39. The handling of the documents referred to in Paragraph 38 of these Transitional Provisions shall be performed in accordance with Cabinet Regulation No. 215 of 30 March 2004, Procedures for the Circulation and Control of the Accompanying Documents of Excisable Goods. In order to ensure the implementation of Paragraph 38 of these Transitional Provisions, Cabinet Regulation No. 215 of 30 March 2004, Procedures for the Circulation and Control of the Accompanying Documents of Excisable Goods, shall be applicable until 1 May 2011.

[1 December 2009]

40. Amendments to Section 12, Paragraph one, Clauses 2 and 3 of this Law in respect of the replacement of the figure "40" with the figure "45", and Paragraph four, Sub-paragraph "a" in respect of the replacement of the figure "42" with the figure "45" shall come into force on 1 February 2010.

[1 December 2009]

41. Amendments in respect of Sections 1 and 2, the rewording of Sections 7, 8 and 9, the addition of Section 9.¹, the rewording of Section 10, Paragraph one, the deletion of Section 11, the rewording of Sections 20 and 21, Section 22, Paragraph four, Clauses 1, 2 and 3, the rewording of Section 23, Section 24, the rewording of Section 25, Sections 26, 27, 29, 30 and 32, the rewording in Transitional Provisions of Paragraph 12.¹, Sub-paragraph 1, Sub-paragraph "a" and Section 12.¹, Sub-paragraph 2, Sub-paragraph "b" and "c" and the addition in Transitional Provision of Paragraph 12.¹, Sub-paragraph 3 shall come into force on 1 April 2010.

[1 December 2009]

42. Amendments in respect of the rewording of Section 1, Paragraph two, Clause 1 of this Law, Section 5, Paragraph four, Section 7, Clause 5 on natural gas, the addition of Section 15.¹ to the Law, as well as Section 22, Paragraph one shall come into force on 1 July 2010.

[22 April 2010]

43. Amendments in relation to the addition of Paragraph 7.¹ to Section 2 of this Law, the addition of Section 6.¹ to this Law, the addition of Paragraph six to Section 22 and the addition of Paragraph ten to Section 23 shall come into force on 1 July 2010.

[22 April 2010]

44. Amendments to Sections 18 and 33 of this Law shall come into force on 1 July 2010.

[22 April 2010]

45. In order to implement the transition to the requirements of this Law regarding the application of duty exemption to producers of agricultural products from 1 July 2010 and in order that producers of agricultural products could submit a submission to the Rural Support Service regarding the granting of the purchase limit for the fuel referred to in the introduction of Section 18, Paragraph five of this Law, to which a duty exemption is applicable, the Cabinet shall issue the regulations provided for in Section 18, Paragraphs five, 6.¹ and 6.² of this Law by 1 May 2010.

[22 April 2010]

46. In accordance with Section 18, Paragraph six of this Law Cabinet Regulation No. 528 of 7 August 2007, Procedures by which Excise Duty shall be Refunded to Producers of Agricultural Products for Diesel Fuel (Gas Oil) and Diesel Fuel (Gas Oil) to which Rapeseed Oil or Biodiesel Fuel Derived from Rapeseed Oil has been Added, shall be applicable until 15 August 2010 for diesel fuel (gas oil) [including diesel fuel (gas oil), to which rapeseed oil or biodiesel fuel derived from rapeseed oil has been added in accordance with the conditions of this Law], which has been purchased in 2010 until 30 June and for which payment has been performed in 2010 until 15 July, if the request for a refund of the duty has been submitted until 15 July 2010.

[22 April 2010]

47. During the period of time between 1 September 2010 and 30 June 2011 Section 1, Paragraph two, Clause 1 of this Law in relation to natural gas, Section 2, Paragraph 7.¹, Section 6.¹, Section 7, Clause 5 in relation to natural gas, Section 15.¹, Section 22, Paragraph six, Section 23, Paragraph twenty and Section 24, Paragraph one in relation to natural gas shall not be applicable, but a payer of the duty shall submit an excise duty return to the State Revenue Service on natural gas until 15 September 2010 and pay the duty for August 2010, applying:

1) Cabinet Regulation No. 577 of 29 June 2010, Regulations Regarding the Circulation of Natural Gas and the Procedures for the Application of Excise Duty;

2) Cabinet Regulation No. 300 of 30 March 2010, Regulations Regarding the Forms of Excise Duty Returns and the Procedures for the Completion Thereof.

[25 August 2010]

48. The revenue from the excise duty for natural gas forecasted for the State budget in the period of time between 1 September 2010 and 31 December 2010 shall be compensated with an increase in the value added tax revenue as a result of the increase in the tariff for natural gas in 2010.

[25 August 2010]

49. A person who has received a special permit (licence) for the wholesale trade of tobacco products or a special permit (licence) for the retail trade of tobacco products, until 1 July 2011 shall be permitted to sell tobacco products which have been released into free circulation or released for consumption until 31 December 2010, without applying the amendments to the definitions of tobacco products referred to in Section 4, Paragraph two, Paragraph four, Clause 2, Paragraphs five and six of this Law.

[28 October 2010]

50. A person who has received a special permit (licence) for the wholesale trade of tobacco products or a special permit (licence) for the retail trade of tobacco products, until 1 July 2011 shall be permitted to sell cigarettes which have been released into free circulation or released for consumption until 31 December 2010, without applying the amendments of Section 13, Paragraphs two and three of this Law on the length of cigarettes and without performing the inventory and repayment of the difference in the excise duty to the State budget referred to in Paragraphs 12.¹, 12.², 12.³ and 12.⁴ of the Transitional Provisions of this Law.

[28 October 2010]

51. During the time period between 1 January 2011 and 28 February 2011 the most popular retail selling price - 76 lats for 1000 cigarettes - shall be used instead of the weighted average retail selling price referred to in Section 22, Paragraph four, Paragraph 4.¹ and Section 29, Paragraph one of this Law.

[28 October 2010]

52. [14 April 2011]

53. [14 April 2011]

54. According to the wording of Section 14, Paragraphs three and four of this Law, which comes into force from 1 January 2011, Paragraphs 12.¹ and 12.³ of Transitional Provisions of this Law shall not be applied to unleaded petrol, the substitute products and components thereof with alcohol content of 5.0 per cent by volume, and diesel fuel (gas oil), the substitute products and components thereof containing rapeseed oil or biodiesel derived from rapeseed oil of 5 to 30 (not inclusive) per cent by volume.

[20 December 2010]

55. The duty rate specified in Section 13, Paragraph one, Clause 1 of this Law (95.2 euros per 1000 cigars or cigarillos) shall be applied to cigars and cigarillos from 1 January 2020.

[27 July 2017]

56. Until the day when according to Paragraph 55 of the Transitional Provisions of this Law the duty rate for cigars and cigarillos specified in Section 13, Paragraph one, Clause 1 of this Law shall be commenced to be applied, the duty shall be imposed on cigars and cigarillos as follows:

1) until 30 June 2011 - 24 lats for 1000 cigars and cigarillos;

2) from 1 July 2011 until 31 December 2013 - 26 lats for 1000 cigars and cigarillos;

3) from 1 January 2014 until 31 December 2015 - 39.84 euros for 1000 cigars and cigarillos;

4) from 1 January 2016 until 31 December 2016 - 42.69 euros for 1000 cigars and cigarillos;

5) from 1 January 2017 until 31 December 2017 - 58 euros for 1000 cigars and cigarillos;

6) from 1 January 2018 until 31 December 2018 - 73 euros for 1000 cigars and cigarillos;

7) from 1 January 2019 until 31 December 2019 - 88 euros for 1000 cigars or cigarillos.

[14 April 2011; 19 September 2013; 23 November 2016; 27 July 2017]

57. The duty rate specified in Section 13, Paragraph one, Clause 2, Sub-clauses "a" and "b" of this Law to cigarettes (78.7 euros per 1000 cigarettes and in the amount of 20 per cent from the maximum retail selling price), as well as the minimum duty level specified for cigarettes in Section 13, Paragraph 1.¹ of this Law (114.7 euros per 1000 cigarettes) shall be applied from 1 July 2019.

[27 July 2017]

58. Until the day when according to Paragraph 57 of the Transitional Provisions of this Law application of the duty for cigarettes specified in Section 13, Paragraph one, Clause 2 of this Law and the minimum duty level for cigarettes specified in Section 13, Paragraph 1.¹ of this Law is commenced, the duty shall be imposed on cigarettes:

1) until 30 June 2011 - by adding up the amounts acquired by applying the duty rates laid down in Sub-clauses "a" and "b" of this Clause, but the calculated duty may not be less than 48 lats for 1000 cigarettes:

a) 22.5 lats for 1000 cigarettes;

b) 34.5 per cent of the maximum retail selling price;

2) from 1 July 2011 until 31 December 2013 - by adding up the amounts acquired by applying the duty rates laid down in Sub-clauses "a" and "b" of this Clause, but the calculated duty may not be less than 52 lats for 1000 cigarettes:

a) 25 lats for 1000 cigarettes;

b) 34 per cent of the maximum retail selling price;

3) from 1 January 2014 until 30 June 2014 - by adding up the amounts acquired by applying the duty rates laid down in Sub-clauses "a" and "b" of this Clause, but the calculated duty may not be less than 79.68 euros for 1000 cigarettes:

a) 39.84 euros per 1000 cigarettes,

b) 33.5 per cent of the maximum retail selling price;

4) from 1 July 2014 until 30 June 2015 - by adding up the amounts acquired by applying the duty rates laid down in Sub-clauses "a" and "b" of this Clause, but the calculated tax may not be less than 85.6 euros for 1000 cigarettes:

a) 51.8 euros per 1000 cigarettes,

b) 25 per cent of the maximum retail selling price;

5) from 1 July 2015 until 30 June 2016 - by adding up the amounts acquired by applying the duty rates laid down in Sub-clauses "a" and "b" of this Clause, but the calculated tax may not be less than 89.8 euros for 1000 cigarettes:

a) 54.2 euros per 1000 cigarettes,

b) 25 per cent of the maximum retail selling price;

6) from 1 July 2016 until 30 June 2017 - by adding up the amounts acquired by applying the duty rates laid down in Sub-clauses "a" and "b" of this Clause, but the calculated tax may not be less than 93.7 euros for 1000 cigarettes:

a) 56.2 euros per 1000 cigarettes,

b) 25 per cent of the maximum retail selling price;

7) from 1 July 2017 until 30 June 2018 - by adding up the amounts acquired by applying the duty rates laid down in Sub-clauses "a" and "b" of this Clause, but the calculated tax may not be less than 99 euros for 1000 cigarettes:

a) 67 euros per 1000 cigarettes,

b) 20 per cent of the maximum retail selling price;

8) from 1 July 2018 until 30 June 2019 - by adding up the amounts acquired by applying the duty rates laid down in Sub-clauses "a" and "b" of this Clause, but the calculated duty may not be less than 109.2 euros for 1000 cigarettes:

a) 74.6 euros per 1000 cigarettes,

b) 20 per cent of the maximum retail selling price.

[14 April 2011; 19 September 2013; 6 November 2013; 23 November 2016; 27 July 2017]

59. The duty specified in Section 13, Paragraph one, Clause 3, Sub-clause "a" of this Law for fine-cut tobacco intended for the rolling of cigarettes (75 euros for 1000 grams of tobacco), the duty specified in Sub-clause "b" for other smoking tobacco (75 euros per 1000 grams of tobacco), the duty specified in Clause 4 for tobacco leaves (75 euros for 1000 grams of tobacco leaves), and the duty specified in Clause 5 for heated tobacco (75 euros for 1000 grams of heated tobacco) shall be applied imposed from 1 January 2020.

[27 July 2017]

60. Until the day when according to Paragraph 59 of the Transitional Provisions of this Law imposition of the duty for fine-cut tobacco intended for the rolling of cigarettes specified in Section 13, Paragraph one, Clause 3, Sub-clause "a" of this Law, the duty for other smoking tobacco specified in Sub-clause "b", the duty for tobacco leaves specified in Clause 4, and the duty for heated tobacco specified in Clause 5 is commenced, the duty shall be imposed on fine-cut tobacco intended for the rolling of cigarettes, other smoking tobacco, tobacco leaves, and heated tobacco as follows:

1) until 30 June 2011 - 29 lats for 1000 grams of tobacco;

2) from 1 July 2011 until 31 December 2013 - 34 lats for 1000 grams of tobacco;

3) from 1 January 2014 until 31 December 2015 - 55.49 euros for 1000 grams of tobacco;

4) from 1 January 2016 until 31 December 2016 - 58 euros for 1000 grams of tobacco;

5) from 1 January 2017 until 31 December 2017 - 62 euros for 1000 grams of the relevant tobacco product;

6) from 1 January 2018 until 31 December 2018 - 66 euros for 1000 grams of the relevant tobacco product;

7) from 1 January 2019 until 31 December 2019 - 70 euros for 1000 grams of the relevant tobacco product.

[14 April 2011; 19 September 2013; 30 November 2015; 23 November 2016; 27 July 2017]

61. Amendments in respect of Section 6.¹ and Section 15.¹, Clause 1 of this Law shall come into force from 1 July 2011.

[14 April 2011]

62. From 1 July 2011 until 31 December 2013, in accordance with the procedures stipulated by the Cabinet, such natural gas shall be duty-free which is used:

1) in the heat supply of covered areas of land to be used in agriculture (greenhouses) and industrial sites for poultry (hen houses) and incubators;

2) in industrial production and pretreatment of agricultural raw materials (which conform to the approved relevant NACE classification codes specified in Regulation No 1893/2006) for the operation of technological equipment and the technologically necessary climate control in the premises of the referred to industrial production and pretreatment of agricultural raw materials. In such case the duty exemption shall apply also to natural gas used for the referred to purposes in undertakings located within the territory designated for economic activity with one manager (in an industrial park).

[14 April 2011; 15 December 2011]

63. Amendments to Sections 12 and 14 of this Law shall come into force from 1 June 2011.

[14 April 2011]

64. The Cabinet shall issue the regulations provided for in Section 18, Paragraphs five, 6.¹ and 6.² of this Law by 10 May 2011.

[14 April 2011]

65. The Cabinet shall issue the regulations provided for in Section 3, Paragraph seven and Section 16, Paragraph five of this Law by 1 September 2011. Until the day of coming into force of the new Cabinet regulations, but not later than until 1 September 2011, the Cabinet Regulation No. 170 of 25 March 2004, Procedures by which an Exemption from Excise Duty shall be Applied for Certain Alcoholic Beverages, shall be applied, insofar as it is not in contradiction with this Law.

[14 April 2011]

66. Amendments to the Annex to this Law in respect of supplementing the Annex with Sub-paragraphs 4.10, 4.11, 5.7 and 5.8 shall come into force from 1 February 2012.

[15 December 2011]

67. A person who on 1 February 2012 performs and also after the referred to date will perform activities with the products referred to in Sub-paragraphs 4.10, 4.11, 5.7 and 5.8 of the Annex to this Law, not later than by 31 January 2012 shall receive the special permit (licence) referred to in Section 2, Paragraph six, Clause 1 of this Law for the activities of an approved warehousekeeper with oil products or, if the referred to products are used for the purposes indicated in Section 14, Paragraph two and Section 18, Paragraph one of this Law, a statement regarding the right to acquire the abovementioned products specified in the laws and regulations regarding the procedures by which a reduced excise duty rate or exemption from excise duty shall be applied to certain oil products.

[15 December 2011]

68. A person which on 1 February 2012 performs activities with the products referred to in Sub-paragraphs 4.10, 4.11, 5.7 and 5.8 of the Annex to this Law, shall take inventory of the stocks of oil products in the ownership thereof. In such case the person shall take inventory on 1 February 2012 and within 15 days after inventory (including the day of the inventory) shall submit to the State Revenue Service the list of the inventory.

[15 December 2011]

69. The provisions concerning cigarettes which are stamped with excise duty stamps in relation to introduction of euro:

1) starting from 1 January 2014 in the Republic of Latvia, in stamping cigarettes with excise duty stamps and releasing them into free circulation or releasing them for consumption, the maximum retail selling price indicated on the excise duty stamp shall be expressed in euros;

2) it shall be permitted to release into free circulation or release for consumption cigarettes, which are stamped with excise duty stamps on which the maximum retail selling price is indicated in lats, until 31 December 2013;

3) it shall be permitted to send cigarettes, which are stamped with excise duty stamps on which the maximum retail selling price is indicated in lats, applying the duty suspension arrangement, until 31 December 2013;

4) a person who has received a special permit (licence) for the wholesale trade of tobacco products or a special permit (licence) for the retail trade of tobacco products is permitted to sell cigarettes, which are stamped with excise duty stamps on which the maximum retail selling price is indicated in lats, for an unlimited period of time.

[19 September 2013]

70. Amendments to Section 12, Paragraphs one and two, Section 13, Paragraphs one and 1.¹, Section 14, Paragraphs one and two, the introductory part of Paragraph three, the introductory part of Paragraph four, Paragraphs five and six, Sections 15 and 15.¹, Section 30, Paragraphs three and four of this Law, Paragraph 55, Paragraph 56, Sub-paragraphs 3 and 4, Paragraph 57, Paragraph 58, Sub-paragraphs 3 and 4, Paragraph 59 and Paragraph 60, Sub-paragraph 3 of these Transitional Provision in relation to introduction of euro shall come into force on 1 January 2014.

[19 September 2013]

71. A person who starting from 1 April 2015 performs activities with the tobacco products referred to in Section 4, Paragraph one, Clause 4 of this Law, must receive the corresponding permit (licence) referred to in Section 2, Paragraph six of this Law by 31 March 2015.

[17 December 2014]

72. A person who on 1 April 2015 performs activities with the tobacco products referred to in Section 4, Paragraph one, Clause 4 of this Law, shall take inventory of the stocks of tobacco leaves in its storage. In such case the person shall take inventory on 1 April 2015 and within 15 days after inventory (including the day of the inventory) shall submit to the State Revenue Service the list of the inventory.

[17 December 2014]

73. [23 November 2016]

74. [23 November 2016]

75. Amendments in respect of supplementation of Sections 4, 13, 17, 21, 27, 33 of this Law shall come into force on 1 April 2015.

[17 December 2014]

76. Amendments in respect of supplementation of Section 14 of this Law with Paragraph 2.² and amendments to Section 18, Paragraphs five and 6.⁶ of this Law shall come into force on 1 July 2015, except the condition included in such amendments regarding labelling (marking) of the relevant oil products, the fiscal marker and dye, which comes into force on 30 October 2015. Amendments to Section 28, Paragraphs one and four of this Law shall come into force on 30 October 2015. In order to ensure the application of Section 18, Paragraph five, Clause 3 of this Law in relation to the division specified therein depending on the crop to be cultivated from 1 July 2015, the Rural Support Service shall perform the activities necessary thereto until 30 June 2015.

[7 May 2015]

77. Section 18, Paragraph 5.¹ of this Law shall come into force on 30 October 2015.

[18 June 2015]

78. The duty rate specified in Section 12, Paragraph one, Clause 1 of this Law for beer (per 100 litres) - 8.2 euros for each per cent of absolute alcohol by volume which has been expressed with an accuracy of up to one tenth, but not less than 15.2 euros per 100 litres of beer, as well as the condition laid down in Section 12, Paragraph two, Clauses 1 and 2 of this Law (not less than 15.2 euros per 100 litres of beer) shall be applied from 1 March 2021.

[20 February 2020]

79. Until the day when, in accordance with Paragraph 78 of these Transitional Provisions, the duty rate specified in Section 12, Paragraph one, Clause 1 of this Law for beer (per 100 litres) and the condition laid down in Section 12, Paragraph two, Clauses 1 and 2 of this Law shall be commenced to be applied, the duty on beer shall be imposed as follows:

1) until 29 February 2016 - 3.8 euros for each per cent of absolute alcohol by volume which has been expressed with an accuracy up to one tenth, but not less than 7.4 euros per 100 litres of beer;

2) from 1 March 2016 until 28 February 2017 - 4.2 euros for each per cent of absolute alcohol by volume which has been expressed with an accuracy up to one tenth, but not less than 7.8 euros per 100 litres of beer;

3) from 1 March 2017 until 28 February 2018 - 4.5 euros for each per cent of absolute alcohol by volume which has been expressed with an accuracy up to one tenth, but not less than 8.2 euros per 100 litres of beer.

4) from 1 March 2018 until 28 February 2019 - 6.8 euros for each per cent of absolute alcohol by volume which has been expressed with an accuracy of up to one tenth, but not less than 12.5 euros per 100 litres of beer;

5) from 1 March 2019 until 29 February 2020 - 7.4 euros for each per cent of absolute alcohol by volume which has been expressed with an accuracy of up to one tenth, but not less than 13.6 euros per 100 litres of beer;

6) from 1 March 2020 until 28 February 2021 - 7.8 euros for each per cent of absolute alcohol by volume which has been expressed with an accuracy of up to one tenth, but not less than 14.4 euros per 100 litres of beer;

[30 November 2015; 27 July 2017; 20 February 2020]

80. The duty rate specified in Section 12, Paragraph one, Clause 2 of this Law (111 euros per 100 litres) shall be applied to wine from 1 March 2021.

[27 July 2017; 20 February 2020]

81. Until the day when in accordance with Paragraph 80 of these Transitional Provisions the duty rate specified in Section 12, Paragraph one, Clause 2 of this Law shall be commenced to be applied, the duty shall be imposed on wine as follows:

1) until 29 February 2016 - 70 euros per 100 litres;

2) from 1 March 2016 until 28 February 2017 - 74 euros per 100 litres;

3) from 1 March 2017 until 28 February 2018 - 78 euros per 100 litres;

4) from 1 March 2018 until 28 February 2019 - 92 euros per 100 litres;

5) from 1 March 2019 until 29 February 2020 - 101 euros per 100 litres;

6) from 1 March 2020 until 28 February 2021 - 106 euros per 100 litres.

[30 November 2015; 27 July 2017; 20 February 2020]

82. The duty rate specified in Section 12, Paragraph one, Clause 3, Sub-clause "b" of this Law for fermented beverages with the absolute alcohol content above 6 per cent by volume (111 euros per 100 litres) shall be applied from 1 March 2021.

[27 July 2017; 20 February 2020]

83. Until the day when, in accordance with Paragraph 82 of these Transitional Provisions, the duty rate specified in Section 12, Paragraph one, Clause 3, Sub-clause "b" of this Law for fermented beverages with the absolute alcohol content above 6 per cent by volume shall be commenced to be applied, the duty shall be imposed on the fermented beverages with the absolute alcohol content above 6 per cent by volume as follows:

1) until 29 February 2016 - 70 euros per 100 litres;

2) from 1 March 2016 until 28 February 2017 - 74 euros per 100 litres;

3) from 1 March 2017 until 28 February 2018 - 78 euros per 100 litres;

4) from 1 March 2018 until 28 February 2019 - 92 euros per 100 litres;

5) from 1 March 2019 until 29 February 2020 - 101 euros per 100 litres;

6) from 1 March 2020 until 28 February 2021 - 106 euros per 100 litres.

[30 November 2015; 27 July 2017; 20 February 2020]

84. The duty rates specified in Section 12, Paragraph one, Clause 4, Sub-clauses "a" and "b" of this Law for intermediate products [for intermediate products: with the absolute alcohol content up to 15 per cent by volume (inclusive) - 111 euros per 100 litres; with the absolute alcohol content from 15 per cent by volume (not inclusive) up to 22 per cent by volume (inclusive) - 185 euros per 100 litres] shall be applied from 1 March 2021.

[27 July 2017; 20 February 2020]

85. Until the day when in accordance with Paragraph 84 of these Transitional Provisions the duty rates specified in Section 12, Paragraph one, Clause 4, Sub-clauses "a" and "b" of this Law shall be commenced to be applied, the duty shall be imposed on intermediate products as follows:

1) until 29 February 2016 (per 100 litres):

a) with the absolute alcohol content up to 15 per cent by volume (inclusive) - 70 euros,

b) with the absolute alcohol content from 15 per cent by volume (not inclusive) to 22 per cent by volume (inclusive) - 110 euros;

2) from 1 March 2016 until 28 February 2017 (per 100 litres):

a) with the absolute alcohol content up to 15 per cent by volume (inclusive) - 74 euros,

b) with the absolute alcohol content from 15 per cent by volume (not inclusive) to 22 per cent by volume (inclusive) - 120 euros;

3) from 1 March 2017 until 28 February 2018 (per 100 litres):

a) with the absolute alcohol content up to 15 per cent by volume (inclusive) - 78 euros,

b) with the absolute alcohol content from 15 per cent by volume (not inclusive) to 22 per cent by volume (inclusive) - 130 euros;

4) from 1 March 2018 until 28 February 2019 (per 100 litres):

a) with the absolute alcohol content up to 15 per cent by volume (inclusive) - 92 euros,

b) with the absolute alcohol content from 15 per cent by volume (not inclusive) to 22 per cent by volume (inclusive) - 150 euros;

5) from 1 March 2019 until 29 February 2020 (per 100 litres):

a) with the absolute alcohol content up to 15 per cent by volume (inclusive) - 101 euros,

b) with the absolute alcohol content from 15 per cent by volume (not inclusive) to 22 per cent by volume (inclusive) - 168 euros;

6) from 1 March 2020 until 28 February 2021 (per 100 litres):

a) with the absolute alcohol content up to 15 per cent by volume (inclusive) - 106 euros,

b) with the absolute alcohol content from 15 per cent by volume (not inclusive) to 22 per cent by volume (inclusive) - 176 euros.

[30 November 2015; 27 July 2017; 20 February 2020]

86. The duty rate specified in Section 12, Paragraph one, Clause 5 of this Law (1724 euros per 100 litres of absolute alcohol) shall be applied to other alcoholic beverages from 1 March 2021.

[20 February 2020]

87. Until the day when, in accordance with Paragraph 86 of these Transitional Provisions, the duty rate specified in Section 12, Paragraph one, Clause 5 of this Law shall be commenced to be applied, the duty shall be imposed on other alcoholic beverages as follows:

1) until 29 February 2016 - 1360 euros per 100 litres of absolute alcohol;

2) from 1 March 2016 until 28 February 2017 - 1400 euros per 100 litres of absolute alcohol;

3) from 1 March 2017 until 28 February 2018 - 1450 euros per 100 litres of absolute alcohol;

4) from 1 March 2018 until 28 February 2019 - 1670 euros per 100 litres of absolute alcohol;

5) from 1 March 2019 until 31 July 2019 - 1840 euros per 100 litres of absolute alcohol;

6) from 1 August 2019 until 29 February 2020 - 1564 euros per 100 litres of absolute alcohol;

7) from 1 March 2020 until 28 February 2021 - 1642 euros per 100 litres of absolute alcohol.

[30 November 2015; 27 July 2017; 8 July 2019; 20 February 2020]

88. Amendments in respect of Section 1, Paragraph two, Clause 1 of this Law and supplementation of Paragraph two with Clause 17, supplementation of Section 2, Paragraph two, supplementation of the Law with Sections 4.¹ and 13.¹, rewording of Section 7, Clause 5, amendment in respect to Section 8, Paragraph three and Section 21, Paragraph four, Clause 3, supplementation of Section 23 with Paragraph twenty two, amendments in respect to Section 25, Paragraphs eleven, twelve, and thirteen, and supplementation of Section 33, Paragraph five with Clause 6 shall come into force on 1 July 2016.

[30 November 2015]

89. A person who starting from 1 July 2016 performs activities with liquid to be used in electronic cigarettes referred to in Section 4.¹ of this Law, upon applying the suspension of excise duty, must receive the special permit (licence) referred to in Section 2, Paragraph six, Clause 1 of this Law for the operation of an approved warehousekeeper.

[30 November 2015]

90. A person who on 1 July 2016 performs activities with liquid to be used in electronic cigarettes referred to in Section 4.¹ of this Law, shall take inventory according to the situation on 1 July 2016 of the stocks of the liquid to be used in electronic cigarettes belonging thereto and, within 15 days after taking inventory (including the day of taking inventory) submit a list of inventory and a tax calculation to the State Revenue Service. The person shall pay the tax calculated for the stocks of liquid to be used in electronic cigarettes established during taking of inventory into the State budget until 15 August 2016 [shall not apply to the person who has received the special permit (licence) referred to in Section 2, Paragraph six, Clause 1 of this Law for the operation of an approved warehousekeeper].

[30 November 2015]

91. Amendments in respect to supplementation of Section 4, Paragraph one with Clause 5, supplementation of Section 4 with Paragraph ten, supplementation of Section 13, Paragraph one with Clause 5, rewording of Section 21, Paragraph four, Clause 1, Sub-clause "d" and Clause 1.¹, Sub-clause "d", amendment in respect of supplementation of Section 27, Paragraph three of this Law with Clause 1.³, rewording of Section 33, Paragraph five, Clause 2, Sub-clause "c" in relation to heated tobacco shall come into force on 1 March 2016.

[30 November 2015]

92. A person who starting from 1 March 2016 performs activities with the tobacco products (heated tobacco) referred to in Section 4, Paragraph one, Clause 5 of this Law, must receive the corresponding permit (licence) referred to in Section 2, Paragraph six of this Law by 29 February 2016.

[30 November 2015]

93. A person who on 1 March 2016 performs activities with the tobacco products referred to in Section 4, Paragraph one, Clause 5 of this Law, shall take inventory according to the situation on 1 March 2016 of the stocks of heated tobacco belonging thereto and, within 15 days after taking inventory (including the day of taking inventory) submit a list of inventory and a tax calculation to the State Revenue Service. The person shall pay the tax calculated for the stocks of heated tobacco established during taking of inventory into the State budget by 15 April 2016 [shall not apply to the person who has received the special permit (licence) referred to in Section 2, Paragraph six, Clause 1 of this Law for the operation of an approved warehousekeeper].

[30 November 2015]

94. Amendments to Section 1, Paragraph two, Clauses 2 and 5, Section 29, Paragraphs three and four of this Law shall come into force on 1 January 2017.

[5 May 2016]

95. The amendment to Section 18, Paragraph five, Clause 2, Sub-clause "a" of this Law shall come into force on 1 July 2017. In order to ensure from 1 July 2017 the application of Section 18, Paragraph five, Clause 2, Sub-clause "a" of this Law in relation to revocation of the right to purchase the diesel fuel with reduced excise duty rate referred to in Section 18, Paragraph five of this Law from 1 July 2017 for land areas in which corn for acquisition of biogas is cultivated, the Rural Support Service shall perform the necessary activities by 30 June 2017.

[23 November 2016]

96. Amendment to Section 27, Paragraph three, Clause 1 of this Law in respect to supplementation of this Clause with Sub-clause "d" shall come into force on 1 March 2017.

[23 November 2016]

97. Amendments to Section 20 of this Law shall come into force on1 January 2018.

[9 March 2017]

98. The duty rate specified in Section 14, Paragraph one, Clause 1 of this Law for unleaded petrol, its substitute products and components (509 euros per 1000 litres) shall be applied from 1 January 2020.

[27 July 2017]

99. Until the day when, in accordance with Paragraph 98 of Transitional Provisions, the duty rate specified in Section 14, Paragraph one, Clause 1 of this Law for unleaded petrol, its substitute products and components (per 1000 litres) shall be commenced to be applied, unleaded petrol, its substitute products and components shall be taxable from 1 January 2018 to 31 December 2019 - 476 euros per 1000 litres.

[27 July 2017]

100. The duty rate specified in Section 14, Paragraph one, Clauses 3, 4 and 6 of this Law for kerosene, the substitute products and components thereof, for diesel fuel (gas oil), the substitute products and components thereof, for fuel oil, the colorimetric index of which is less than 2.0 and kinematic viscosity at 50 °C is less than 25 mm²/s, the substitute products and components thereof (414 euros per 1000 litres), except for the fuel oils referred to in Clause 7 of this Paragraph, shall be applied from 1 January 2020.

[27 July 2017]

101. Until the day when, in accordance with Paragraph 100 of Transitional Provisions, the duty rate specified in Section 14, Paragraph one, Clauses 3, 4 and 6 of this Law (per 1000 litres) shall be commenced to be applied, kerosene, the substitute products and components thereof, for diesel fuel (gas oil), the substitute products and components thereof, for fuel oil, the colorimetric index of which is less than 2.0 and kinematic viscosity at 50 °C is less than 25 mm²/s, the substitute products and components thereof (414 euros per 1000 litres), except for the fuel oils referred to in Clause 7 of this Paragraph, shall be taxable from 1 January 2018 to 31 December 2019 - 372 euros per 1000 litres.

[27 July 2017]

102. The duty rate specified in Section 14, Paragraph one, Clause 5 of this Law for petroleum gases and other gaseous hydrocarbons (285 euros per 1000 kilograms) shall be applied from 1 January 2020.

[27 July 2017]

103. Until the day when, in accordance with Paragraph 102 of Transitional Provisions, the duty rate specified in Section 14, Paragraph one, Clause 5 of this Law (per 1000 kilograms) shall be commenced to be applied, petroleum gases and other gaseous hydrocarbons shall be taxable from 1 January 2018 to 31 December 2019 - 244 euros per 1000 kilograms.

[27 July 2017]

104. The duty rate specified in Section 14, Paragraph 2.² of this Law for diesel fuel (gas oil) and such diesel fuel (gas oil) to which biodiesel fuel acquired from rapeseed is added (for 1000 litres), if the relevant oil products are labelled (marked) in accordance with Section 28 of this Law and if they are used in accordance with the type, purposes, and conditions referred to in Section 18, Paragraph five of this Law, shall be applied from 1 July 2018.

[27 July 2017]

105. Until the day when, in accordance with Paragraph 104 of Transitional Provisions, the duty rate specified in Section 14, Paragraph 2.² of this Law shall be commenced to be applied, diesel fuel (gas oil) and such diesel fuel (gas oil) to which biodiesel fuel acquired from rapeseed is added shall be taxable until 30 June 2018 - 50 euros per 1000 litres.

[27 July 2017]

106. Amendments regarding the supplementation of Section 1, Paragraph two, Clause 2, supplementation of Section 27, Paragraph three, Clause 1.¹, new wording of Clause 2 and supplementation of Paragraph three with Clause 2.1 in relation to the security element which is contained by a packaging unit of tobacco products shall come into force on 20 May 2019. In respect of tobacco products that are not cigarettes and fine-cut tobacco intended for the rolling of cigarettes, amendments to Section 27, Paragraph three, Clause 1.¹ of this Law, and in respect of supplementation of Paragraph three with Clause 2.¹ in relation to the security element which is contained by a packaging unit of tobacco products shall come into force on 20 May 2024.

[25 October 2018]

107. Amendments regarding the deletion of Section 27, Paragraph three, Clauses 1.² and 1.³ of this Law, which provide for not marking tobacco leaves and heated tobacco with the excise duty stamps, due to the security element which is contained by a packaging unit of tobacco products shall come into force on 20 May 2024.

[25 October 2018 / The abovementioned amendments shall be included in the wording of the Law on 20 May 2024]

108. Section 12, Paragraphs four and five of this Law shall come into force on 1 March 2019.

[25 October 2018]

109. Amendment to Section 18 of this Law regarding supplementation thereof with Paragraph 1.¹ shall come into force on 1 May 2019.

[25 October 2018]

110. Amendments to Section 33 of this Law with regard to the exclusion of Paragraph one, replacement of words in Paragraphs two and three, and exclusion of second sentence from Paragraph twenty, and Chapter XII of this Law shall come into force concurrently with the Law on Administrative Liability.

[17 October 2019 / The abovementioned amendments shall be included in the wording of the Law on 1 July 2020.]

111. Amendments with regard to the new wording of Section 15, Paragraph one, and also Section 15, Paragraph 1.¹ of this Law shall come into force on 1 January 2022.

[6 February 2020 / The abovementioned amendments shall be included in the wording of the Law on 1 January 2022.]

Informative Reference to European Union Directives

[20 December 2004; 14 November 2008; 1 December 2009; 28 October 2010; 15 December 2011; 5 May 2016; 6 February 2020]

Legal provisions arising from the following directives have been included in this Law:

1) Council Directive 92/12/EEC of 25 February 1992 on the general arrangements for products subject to excise duty and on the holding, movement and monitoring of such products;

2) [15 December 2011];

3) [15 December 2011];

4) Council Directive 92/83/EEC of 19 October 1992 on the harmonization of the structures of excise duties on alcohol and alcoholic beverages;

5) Council Directive 92/84/EEC of 19 October 1992 on the approximation of the rates of excise duty on alcohol and alcoholic beverages;

6) [15 December 2011];

7) Council Directive 95/60/EC of 27 November 1995 on fiscal marking of gas oils and kerosene;

8) Council Directive 2003/96/EC of 27 October 2003 restructuring the Community framework for the taxation of energy products and electricity;

9) Council Directive 2007/74/EC of 20 December 2007 on the exemption from value added tax and excise duty of goods imported by persons travelling from third countries;

10) Council Directive 2008/118/EC of 16 December 2008 concerning the general arrangements for excise duty and repealing Directive 92/12/EEC;

11) Council Directive 2010/12/EU of 16 February 2010 amending Directives 92/79/EEC, 92/80/EEC and 95/59/EC on the structure and rates of excise duty applied on manufactured tobacco and Directive 2008/118/EC;

12) Council Directive 2011/64/EU of 21 June 2011 on the structure and rates of excise duty applied to manufactured tobacco (codification);

13) Council Directive 2013/61/EU of 17 December 2013 amending Directives 2006/112/EC and 2008/118/EC as regards the French outermost regions and Mayotte in particular; and

14) Directive 2014/40/EU of the European Parliament and of the Council of 3 April 2014 on the approximation of the laws, regulations and administrative provisions of the Member States concerning the manufacture, presentation and sale of tobacco and related products and repealing Directive 2001/37/EC (Text with EEA relevance);

15) Council Directive (EU) 2019/475 of 18 February 2019 amending Directives 2006/112/EC and 2008/118/EC as regards the inclusion of the Italian municipality of Campione d'Italia and the Italian waters of Lake Lugano in the customs territory of the Union and in the territorial application of Directive 2008/118/EC.

This Law shall come into force on 1 May 2004. Section 2, Paragraph six and Paragraph seven, Clause 1, as well as Sections 31 and 32 of the Law shall come into force on 1 April 2004.

[18 March 2004; 20 December 2004]

This Law has been adopted by the Saeima on 30 October 2003.

President V. Vīķe-Freiberga

Riga, 14 November 2003

Law On Excise Duties
Annex

Oil Products to which the Excise Duty Specified in the Law On Excise Duties is Applicable

[20 December 2004; 19 December 2006; 15 December 2011 / Sub-paragraphs 4.10, 4.11, 5.7, and 5.8 of Annex shall come into force on 1 February 2012. See Paragraph 66 of Transitional Provisions]

1. The excise duty specified for unleaded petrol, the substitute products and components thereof, shall be applied to the following goods and for the following reasons:

1.1. benzene;

1.2. toluene;

1.3. xylene;

1.4. mixtures of aromatic hydrocarbons, of which not less than 65 % by volume (including losses) distils at 250 °C (by the ASTM D 86 method):

1.4.1. for use as a power or heating fuel,

1.4.2. for use for other purposes;

1.5. crude light oils, of which 90 % or more by volume distils at a temperature of up to 200 °C and other oils;

1.6. natural gas condensate;

1.7. light oils and preparations:

1.7.1. for undergoing specific processes,

1.7.2. for undergoing chemical transformation by a process (except for specific processes),

1.7.3. for other purposes:

1.7.3.1. special spirits [white spirit and other];

1.7.3.2. motor spirits (except aviation spirit) with a lead content not exceeding 0.013 g/l;

1.7.3.3. spirit type jet fuel;

1.7.3.4. other light oils;

1.7.3.5. oil products with a lead content not exceeding 0.013 g/l to which ethyl alcohol has been added which is acquired from agricultural raw materials and which has been dehydrated (with alcohol content of at least 99.5 per cent by volume) and which has been denatured or ethyl alcohol derivative ETBE (separately or together with ethyl alcohol);

1.8. methanol (methyl alcohol);

1.9. lower alkyl tert-butyl ethers [methyl tert-butyl ether (MTBE) and ethyl-tert-butyl ether (ETBE);

1.10. ready-made anti-knock and other ready-made additives to mineral oils, which are used for the same needs as mineral oils;

1.11. ready-to-use binding agents, chemical products (also products, which contain natural product mixtures), which have not been referred to or included elsewhere; and

1.12. waste oils, which are classified within the Combined Nomenclature under the code 2710.

2. The excise duty specified for leaded petrol, the substitute products and components thereof shall be applied to the following goods:

2.1. motor spirits:

2.1.1. aviation spirit,

2.1.2. other motor spirits with a lead content exceeding 0.013 g/l, and

2.1.3. oil products with a lead content exceeding 0.013 g/l to which ethyl alcohol or ethyl alcohol derivative ETBE (separately or together with ethyl alcohol) has been added.

2.2. ready-made anti-knock (based upon lead compounds and otherwise) and other ready-made additives to mineral oils, which are used for the same needs as mineral oils;

2.3. ready-to-use binding agents, chemical products (also products, which contain natural product mixtures), which have not been referred to or included elsewhere; and

2.4. waste oils, which are classified within the Combined Nomenclature under the code 2710.

3. The excise duty specified for kerosene, the substitute products and components thereof shall be applied to the following goods:

3.1. medium oils for undergoing specific processes;

3.2. medium oils for undergoing chemical transformation by a process;

3.3. medium oils for other purposes;

3.4. jet fuel;

3.5. ready-to-use binding agents, chemical products (also products, which contain natural product mixtures), which have not been referred to or included elsewhere; and

3.6. waste oils, which are classified within the Combined Nomenclature under the code 2710.

4. The excise duty specified for diesel fuel (gas oil), the substitute products and components thereof shall be applied to the following goods:

4.1. volatile oils (gas oils) for undergoing specific processes;

4.2. volatile oils (gas oils) for undergoing chemical transformation by a process;

4.3. volatile oils (gas oils) for other purposes;

4.4. fuel oils, the substitute products and components thereof the colorimetric index of which is less than 2.0 and kinematic viscosity at 50^oC is less than 25 mm²/s;

4.5. diesel fuel (gas oil) to which at a tax warehouse biodiesel fuel is added.

4.6. ready-made anti-knock and other ready-made additives to mineral oils, which are used for the same needs as mineral oils;

4.7. ready-to-use binding agents, chemical products (also products, which contain natural product mixtures), which have not been referred to or included elsewhere;

4.8. biodiesel fuel, which is acquired from vegetable oils;

4.9. waste oils, which are classified within the Combined Nomenclature under the code 2710;

4.10. heavy oils: metal-working compounds, mould-release oils, anti-corrosion oils, except for oils in a sealed package with the volume not exceeding 250 litres; and

4.11. heavy oils: other lubricating oils, except for oils in a sealed package with the volume not exceeding 250 litres.

5. The excise duty specified for fuel oil, the substitute products and components thereof shall be applied to the following goods:

5.1. fuel oils for undergoing specific processes;

5.2. fuel oils for undergoing chemical transformation by a process;

5.3. fuel oils for other purposes;

5.4. fuel oils, their substitute products and components the colorimetric index of which is equal to or greater than 2.0 and kinematic viscosity at 50^oC is equal or greater than 25 mm²/s;

5.5. ready-to-use binding agents, chemical products (also products, which contain natural product mixtures), which have not been referred to or included elsewhere;

5.6. waste oils, which are classified within the Combined Nomenclature under the code 2710;

5.7. heavy oils: metal-working compounds, mould-release oils, anticorrosion oils, except for oils in a sealed package with the volume not exceeding 250 litres;

5.8. heavy oils: other lubricating oils, except for oils in a sealed package with the volume not exceeding 250 litres.

6. The excise duty specified for petroleum gases and other gaseous hydrocarbons shall be applied to the following goods:

6.1. liquefied petroleum gases and other gaseous hydrocarbons:

6.1.1. propane,

6.1.2. butanes,

6.1.3. ethylene, propylene, butylene and butadiene,

6.1.4. other (except for natural gas);

6.2. petroleum gases and other gaseous hydrocarbons in gaseous state (except natural gas).

¹> The Parliament of the Republic of Latvia

Translation © 2020 Valsts valodas centrs (State Language Centre)