Text consolidated by Valsts valodas centrs (State
Language Centre) with amending laws of:
28 May 2020 [shall come
into force on 12 June 2020]
If a whole or part of a section has been amended, the
date of the amending law appears in square brackets at
the end of the section. If a whole section, paragraph or
clause has been deleted, the date of the deletion appears
in square brackets beside the deleted section, paragraph
or clause.
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The Saeima1 has adopted and
the President has proclaimed the following law:
On Inventory of
Trees and Round Timber in Transactions
Chapter I
General Provisions
Section 1. The following terms are used in this
Law:
1) round timber - barked or unbarked logs the length of
which exceeds one metre and the diameter at the smaller end -
three centimetres;
2) amount - the volume of trees or round timber in
cubic metres;
3) transactions - operations with trees and round
timber that establish, amend or terminate legal relations. This
term shall also be applicable to the acquisition or use of round
timber if such timber is intended to be used after treatment or
processing for the performance of transactions;
4) origin - information in a document certifying a
transaction regarding the location of tree felling and the
previous owner or legal possessor of trees or regarding the
previous owner of round timber;
5) trees - trees regarding which a felling
certification has been received;
6) temporary storage location - one or several felling
areas of one calendar year in one property or legal possession,
and the place of stowage of the round timber obtained therein, as
well as the place of stowage of such round timber for the
acquisition of which a tree felling certification is not
required;
7) permanent storage location - an area in which round
timber intended for the performance of economic activities is
stored and which is not a temporary storage location;
8) individual consumption - the acquisition of round
timber from trees that are in a property or legal possession and
the use thereof for the needs of an owner, not performing
transactions with such timber or the products obtained
therefrom;
9) admissible deviation - the maximum amount of round
timber by which the actual amount may differ from the inventoried
amount, taking into account the precision of measurement.
Section 2. The purpose of this Law is to implement
single inventory procedures for trees and round timber in
transactions in all stages of the circulation of trees and round
timber, as well as to promote fair competition and the collection
of taxes.
Section 3. (1) This Law applies to natural persons and
legal persons who have obtained trees or round timber in a
property or legal possession or who perform storage, treatment
and processing of round timber.
(2) Persons who perform transactions with trees or round
timber shall determine the amount of trees and round timber and
perform inventory in accordance with the procedures prescribed in
Chapter III of this Law.
(3) If trees or round timber are intended for individual
consumption, such trees or round timber shall be inventoried in
accordance with the procedures prescribed in Chapter IV of this
Law.
Chapter
II
Determination of the Amount of Trees and Round Timber
Section 4. The amount of trees shall be determined in
accordance with the inventory data indicated in the State Forest
Register or using methods that ensure precision of measuring with
a permissible error of up to 10 per cent.
Section 5. (1) The amount of round timber shall be
determined by measuring such round timber in accordance with the
Latvian National Standard of round timber measurement.
(2) The Cabinet shall determine the mandatory application of
Latvian national standards.
Section 6. (1) If one of the parties involved in a
transaction does not agree with the results of the measurement of
trees or round timber, an organisation accredited in the field of
the measurement of trees or round timber (hereinafter -
accredited organisation) shall be invited for the determination
of the amount.
(2) Accredited organisations shall enter into a professional
activity risk (civil liability) insurance contract (hereinafter -
civil liability contract).
(3) The Cabinet shall determine the accreditation requirements
for organisations that operate in the field of round timber
measurement, as well as the minimum sum for which such
organisations may enter into a civil liability contract.
Chapter
III
Procedures for the Inventory of Trees and Round Timber in
Transactions
Section 7. The amount of trees and round timber
specified in accordance with the requirements of Sections 4 and 5
of this Law shall be reflected in transaction documents.
Section 8. (1) Inventory of trees or round timber in
transactions in temporary or permanent storage locations shall be
performed in such a way so as to be able to determine the origin
and amount of trees and round timber, as well as to trace the
progress of transactions.
(2) If the amount of trees indicated in a tree felling
certification and the amount of round timber obtained after the
felling of such trees (not performing a transaction) differs by
more than the admissible deviation, then the actual amount shall
be the amount of round timber obtained in the felling area.
(3) The admissible deviation shall be 10 per cent from the
inventoried amount of round timber.
Section 9. (1) If a person that is not an owner or
legal possessor of a forest obtains trees in a property, such
person shall be liable for the amount of round timber actually
obtained in the relevant felling area.
(2) An owner or legal possessor of a forest shall attach
information regarding the amount of sold trees and round timber
to an economic activities report. The report shall be submitted
to the State Forest Service in accordance with the procedures
specified by the Law on Forests.
Section 10. The Cabinet shall regulate the procedures
for the inventory of trees and round timber, documents certifying
inventory and transactions, as well as documents certifying
individual consumption and the procedures for the registration
and provisions for storage thereof.
Chapter
IV
Procedures for the Inventory of Round Timber Used for Individual
Consumption
Section 11. (1) If round timber is used for individual
consumption, the amount thereof shall be determined by using
methods that ensure the precision of measurement with a
permissible error of up to 10 per cent.
(2) An owner or legal possessor of a forest shall perform
inventory of round timber obtained for individual consumption,
indicating the amount of round timber actually obtained, the
species of trees, the place of acquisition and the purpose of the
use thereof.
(3) An owner or legal possessor of a forest shall attach data
regarding the amount of round timber used for individual
consumption to an economic activities report. The report shall be
submitted to the State Forest Service in accordance with the
procedures specified by the Law on Forests.
Chapter V
Administrative Offences in the Trade of Timber and Timber
Products, in the Inventory of Trees and Round Timber and
Competence in Administrative Offence Proceedings
[28 May 2020 / The new
wording of Chapter shall come into force on 1 July 2020.
See Paragraph 2 of the Transitional Provisions]
Section 12. (1) For failure to fulfil the obligation of
due diligence specified in Article 4(2) and (3) of Regulation
(EU) No 995/2010 of the European Parliament and of the Council of
20 October 2010 laying down the obligations of operators who
place timber and timber products on the market, a warning or a
fine from twenty to two hundred and eighty units of fine shall be
imposed on a natural person, but a fine from one hundred to two
thousand and eight hundred units of fine - on a legal person,
with or without a prohibition to place timber or timber products
on the market for a time period of up to one year.
(2) For the violation of the prohibition specified in Article
4(1) of Regulation (EU) No 995/2010 of the European Parliament
and of the Council of 20 October 2010 laying down the obligations
of operators who place timber and timber products on the market,
a fine from twenty to four hundred units of fine shall be imposed
on a natural person, but a fine from two hundred to four thousand
units of fine - on a legal person, with or without a prohibition
to place timber or timber products on the market for a time
period of up to two years.
(3) For the violation of the requirements for the inventory of
trees and round timber specified in this Law, a fine from
twenty-eight to seventy units of fine shall be imposed on a
natural person, but a fine from forty-two to eighty-six units of
fine - on a legal person.
[28 May 2020 / The new wording of Section shall come
into force on 1 July 2020. See Paragraph 2 of the
Transitional Provisions]
Section 13. (1) Administrative offence proceedings for
the offences referred to in Section 12 of this Law shall be
conducted by the State Forest Service.
(2) Administrative offence proceedings for the offences
referred to in Section 12, Paragraph three of this Law shall be
conducted by the State Revenue Service.
[28 May 2020 / The new wording of Section shall come
into force on 1 July 2020. See Paragraph 2 of the
Transitional Provisions]
Transitional
Provisions
[28 May 2020]
1. The Cabinet shall issue the regulations referred to in
Paragraphs 5, 6 and 10 of this Law by 1 July 2005.
[28 May 2020]
2. Amendment regarding the new wording of Chapter V of this
Law shall come into force concurrently with the Law on
Administrative Liability.
[28 May 2020]
This Law shall come into force on 1 July 2005.
This Law has been adopted by the Saeima on 16 December
2004.
President V. Vīķe-Freiberga
Rīga, 28 December 2004
1 The Parliament of the Republic of
Latvia
Translation © 2021 Valsts valodas centrs (State
Language Centre)