The translation of this document is outdated.
Translation validity: 18.10.2025.–27.03.2026.
Amendments not included:
19.03.2026.
Text consolidated by Valsts valodas centrs (State
Language Centre) with amending laws of:
20 June 2002 [shall come
into force on 24 July 2002];
18 December 2003 [shall come into force on 21 January
2004];
27 January 2005 [shall come into force on 1 March
2005];
6 April 2006 [shall come into force on 3 May 2006];
27 September 2007 [shall come into force on 5 October
2007];
25 October 2007 [shall come into force on 21 November
2007];
7 May 2009 [shall come into force on 1 August
2009];
10 December 2009 [shall come into force on 13 January
2010];
17 June 2010 [shall come into force on 5 July
2010];
16 December 2010 [shall come into force on 1 January
2011];
14 July 2011 [shall come into force on 4 August
2011];
31 January 2013 [shall come into force on 6 March
2013];
6 February 2014 [shall come into force on 22 February
2014];
9 June 2016 [shall come into force on 30 June
2016];
1 February 2018 [shall come into force on 6 March
2018];
12 April 2018 [shall come into force on 10 May
2018];
11 June 2020 [shall come into force on 23 June
2020;
10 December 2020 [shall come into force on 5 January
2021];
22 December 2021 [shall come into force on 24 December
2021];
14 July 2022 [shall come into force on 20 July
2022];
8 March 2023 [shall come into force on 22 March
2023];
9 October 2025 [shall come into force on 18 October
2025].
If a whole or part of a section has been amended, the
date of the amending law appears in square brackets at
the end of the section. If a whole section, paragraph or
clause has been deleted, the date of the deletion appears
in square brackets beside the deleted section, paragraph
or clause.
|
The Saeima1 has adopted and
the President has proclaimed the following law:
On
Pollution
Chapter I
General Provisions
Section 1. Terms Used in This
Law
(1) The following terms are used in the Law:
1) substantial change - a change in the properties or
nature of operation of the installation, or an extension thereof
which may have a significant negative impact on human health or
the environment, or may have an impact on emission limit values
the conformity with which must be ensured by the operator of the
relevant installation;
11) permit - an administrative act issued by
the State Environmental Service allowing to carry out a polluting
activity provided that the installation or part thereof operates
in conformity with the requirements laid down in the laws and
regulations governing environmental protection and in this
administrative act;
12) dangerous substances - substances or
mixtures which in accordance with Regulation (EC) No 1272/2008 of
the European Parliament and of the Council of 16 December 2008 on
classification, labelling and packaging of substances and
mixtures, amending and repealing Directives 67/548/EEC and
1999/45/EC, and amending Regulation (EC) No 1907/2006 should be
classified in any of the hazard classes listed in this
Regulation;
2) change in operation - a change in the functioning of
an installation, including extension of operation which may have
an impact on the environment;
3) emission - a direct or indirect release of
substances, vibrations, heat, non-ionising radiation or noise
from individual or diffuse sources into the air, water or
land;
31) emission allowance - a permit to emit
during a specified period one tonne of carbon dioxide or a
specified quantity of other greenhouse gases expressed in carbon
dioxide equivalents, taking into account the global-warming
potential of the relevant greenhouse gas;
32) aircraft operator - a natural or legal
person which performs carriage by air and operates an aircraft at
the time when it performs the aviation activity specified in Part
II of Annex 2 to this Law or, where such person is not known or
is not identified by the owner of the aircraft, the owner of the
aircraft;
33) commercial air transport operator - a
natural or legal person which, for remuneration, provides
scheduled or non-scheduled air transport services for the
carriage of passengers, freight, or mail;
34) auctioning of emission allowances - the
sale of emission allowances on the primary market in accordance
with Commission Delegated Regulation (EU) 2023/2830 of 17 October
2023 supplementing Directive 2003/87/EC of the European
Parliament and of the Council by laying down rules on the timing,
administration and other aspects of auctioning of greenhouse gas
emission allowances;
35) [9 October 2025];
36) shipping company - the shipowner or any
other organisation or person (such as the manager or the bareboat
charterer) who has assumed responsibility for the operation of
the ship from the shipowner and who, when assuming such
responsibility, has agreed to take over all the duties and
responsibilities imposed by the International Management Code for
the Safe Operation of Ships and for Pollution Prevention
specified in Annex I to Regulation (EC) No 336/2006 of the
European Parliament and of the Council of 15 February 2006 on the
implementation of the International Safety Management Code within
the Community and repealing Council Regulation (EC) No
3051/95;
37) emission allowance auction instrument -
means acquired by auctioning the emission allowances referred to
in Section 32.2, Paragraph three of this Law;
4) militarily polluted territory - a territory locating
explosive items and materials or toxic or otherwise dangerous
substances that are used or which were intended to be used for
military purposes;
41) [9 October 2025];
42) carbon dioxide stream - a flow of
substances that results from carbon dioxide capture
processes;
5) operator - a private person, a derived public
person, a direct or intermediate administration institution,
which performs professional activities or is responsible for the
performance of such activities or which has decisive economic
power over the technical implementation of the relevant
professional activity;
6) polluting activity - the utilisation of soil,
subterranean depths, water, air, installations or buildings and
other stationary facilities that may result in environmental
pollution or risk of accidents, as well as the activities that
are performed in polluted sites and that may cause spreading of
pollution;
7) pollution - a direct or indirect introduction, as a
result of human activity, of substances, vibrations, heat or
noise into the air, water or land, which may be harmful to human
health or the environment and which may result in damage to
material property, or interfere with the use of natural resources
and other legitimate uses of the environment;
8) polluted site - soil, subterranean depths, water,
sludge, as well as buildings, production facilities, or other
facilities containing polluting substances;
9) potentially polluted site - soil, subterranean
depths, water, sludge, as well as buildings, production
facilities or other facilities, which according to unverified
information contain or may contain polluting substances;
10) remediation - treatment and recovery of a polluted
site at least to such extent that henceforth human health or the
environment are not endangered and it is possible to utilise the
relevant territory for a specific economic activity;
101) greenhouse gases - carbon dioxide
(CO2), methane (CH4), nitrous oxide
(N2O), hydrofluorocarbons (HFCs), perfluorocarbons
(PFCs), sulphur hexafluoride (SF6), and nitrogen
trifluoride (NF3);
102) greenhouse gas emissions - release of
greenhouse gases from the activities and sources referred to in
Annex 2 to this Law and Part I of Annex to the Economic
Sustainability Law;
103) other sources of greenhouse gas
emissions - greenhouse gas emissions into the atmosphere from
the activities referred to in Part I of Annex 4 to this Law which
are not included in the European Union Emissions Trading System
and which do not require a greenhouse gas emission permit;
104) removal of carbon dioxide - removal of
carbon dioxide which arises from the land use, land-use change,
and forestry activities referred to in Part II of Annex 4 to this
Law;
105) annual emission allocation - annual
maximum permissible amount of greenhouse gas emissions from other
sources of greenhouse gas emissions referred to in Part I of
Annex 4 to this Law;
11) technology - a set of technical methods and
techniques, including the utilisation of patents, trademarks,
licences, technical developments, as well as special machinery
and equipment in order to attain a specific objective or
result;
111) storage site - a defined volume area
within a geological formation used for the geological storage of
carbon dioxide and associated surface and injection
facilities;
112) water column - the vertically
continuous mass of water from the surface to the bottom sediments
of a water body;
12) substance - any chemical element or a compound of
chemical elements;
121) noise - disturbing sounds of all kinds,
which are undesirable in the air environment and which cause
discomfort, affect hearing and hinder acoustic communication;
13) noise mapping - the expression of the level of
existing or predicted data characterising environmental noise in
terms of noise indicators, which indicate the exceeding of noise
limit values in a certain area and the number of people or the
number of dwellings upon which in a specific area the noise which
is characterised by a specific noise indicator affects;
14) noise indicator - a physical scale with which noise
is characterised, which may cause a harmful effect;
15) strategic noise map - a map developed for a
specific area in order to evaluate the total effect of the noise
caused by various environmental noise sources or to specify a
general environmental noise prediction;
16) environmental noise - unwanted or harmful outdoor
noise created by human activities, for example, noise emitted by
means of transport, road traffic, rail traffic, air traffic, and
noise which is caused by industrial activity zones, as well as
noise which is caused by the pollution activities (equipment)
referred to in Annex 1 to this Law;
17) installation - a stationary technical unit where
one or more polluting activities of Category A, B or C are
carried out, as well as any other directly associated activities
which have a technical connection with the activities carried out
on that site and which could have an effect on emissions and
pollution;
18) emerging technique - a technique provided for the
polluting activities (installations) specified in Annex 1 to this
Law that, if commercially developed, could provide either a
higher general level of protection of the environment or at least
the same level of protection of the environment and higher cost
savings than existing best available techniques;
19) conclusions on the best available techniques - a
description of the best available techniques specified by the
European Commission for the sector of industry or polluting
activity, as well as the emission levels related to the best
available techniques, consumption levels of raw materials,
monitoring of the polluting activity, and the remediation
measures of the site applicable to the polluting activity;
20) environmental inspection - all actions, including
inspection of installations, monitoring of emissions and control
of internal reports and follow-up documents, verification of
self-monitoring, inspection of the techniques used and conformity
of the environment management of the installation, carried out by
the State Environmental Service or a person, if he or she has
been assigned such task by the State Environmental Service the
purpose of which is to improve the conformity of installations
with their permit conditions and, where necessary, to monitor
their impact on the environment, as well as ensure the conformity
of operation of the installation with the laws and regulations
regarding environmental protection;
21) soil - the top layer of the Earth's crust, which is
situated between the bedrock and the surface and which is
composed of mineral particles, organic matter, water, air and
living organisms;
22) greenhouse gas emissions of transport energy life
cycle - all net emissions of carbon dioxide (CO2),
methane (CH4), and nitrous oxide (N2O)
which may be attributed to transport energy, including all the
relevant stages starting from extraction or growing and
production, inter alia, land-use change, transport, bringing in,
bringing out, distribution, treatment, and combustion regardless
of the country in which they are created;
23) upstream emissions - all greenhouse gas emissions
which are generated before raw material enters into a rafinery or
processing plant where petrol, diesel fuel, or gas oil, liquefied
petroleum gas, compressed natural gas, liquefied natural gas,
compressed synthetic methane, and compressed hydrogen are
produced;
24) greenhouse gas emissions of transport energy per one
energy unit - division of the total mass to be attributed to
greenhouse gas emission of transport energy (expressed in carbon
dioxide equivalents) by the total energy content of transport
energy which for fuel is expressed as its lowest thermal
capacity;
25) fuel supplier - a person who has an obligation to
pay excise duty for fuel in the cases specified in the law On
Excise Duties;
26) cargo vapour emission control system - the system
specified in Sub-paragraph 1.2.13 of the Circular No 585 of the
Maritime Safety Committee of the International Maritime
Organisation, Standards for Vapour Emission Control Systems;
27) transport energy - within the meaning of this Law
the goods with certain value with which the movement of a vehicle
and operation of the installed machinery are ensured;
28) European Union Emission Trading System activities -
activities referred to in Parts I, II, and III of Annex 2 to this
Law, performed by an operator, a fuel and heating fuel operator,
a shipping company, or an aircraft operator, and the activities
for fuel and heating fuel consumption referred to in Part IV,
Paragraph 1 of Annex 2 to this Law;
29) greenhouse gas emission permit - an administrative
act that authorises one of the activities referred to in Part I
of Annex 2 to this Law and is issued in accordance with Section
32.18 of this Law or an administrative act that
authorises the release of fuel or heating fuel for consumption
for the activities referred to in Part IV, Paragraph 1 of Annex 2
to this Law, provided that the performer of the activity or part
thereof functions in accordance with the requirements laid down
in the laws and regulations governing environmental protection
and taxes and in the relevant administrative act;
30) fuel and heating fuel operator - any natural or
legal person, except for final consumers of fuel and heating
fuel, who meets at least one of the following conditions:
a) the person has obtained a special permit (licence) for
activities with petroleum products or natural gas or pays excise
duty for petroleum products or natural gas used as fuel or
heating fuel, or for other products sold or intended to be sold,
used or intended to be used as fuel or heating fuel for the
activities referred to in Part IV, Paragraph 1 of Annex 2 to this
Law;
b) the person sells, for consumption in Latvia, coal or other
types of products that are used as fuel or heating fuel and are
not subject to excise duty in accordance with Section 5,
Paragraph four of the law On Excise Duties;
31) fuel - petroleum-derived fuel, including blends
with biofuel, or other liquid or gaseous substance that may be
used as transport energy;
32) verifier - a legal entity within the meaning of
Article 3(3) of Commission Implementing Regulation (EU) 2018/2067
of 19 December 2018 on the verification of data and on the
accreditation of verifiers pursuant to Directive 2003/87/EC of
the European Parliament and of the Council, but for verification
of greenhouse gas emissions from maritime transport - within the
meaning of Article 3(f) of Regulation (EU) 2015/757 of the
European Parliament and of the Council of 29 April 2015 on the
monitoring, reporting and verification of carbon dioxide
emissions from maritime transport, and amending Directive
2009/16/EC (hereinafter - Regulation No 2015/757);
33) non-CO2 effects of aviation - the
effects on the climate of the release, during fuel combustion, of
oxides of nitrogen, soot particles, oxidised sulphur species, and
effects from water vapour, including contrails, from an aircraft
performing an aviation activity referred to in Part II of Annex 2
to this Law;
34) port of call - the port where a ship stops to load
or unload cargo or to embark or disembark passengers, or the port
where an offshore service ship stops to relieve the crew. It does
not include stops for the sole purpose of refuelling, obtaining
supplies, relieving the crew for ships other than offshore
service ships, going into dry-dock to make repairs to the ship or
equipment, stops in port because the ship is in need of
assistance or in distress, ship-to-ship transfers carried out
outside ports, stops for the sole purpose of taking shelter from
adverse weather or rendered necessary by search and rescue
activities, and stops of containerships in a neighbouring
container transhipment port listed in a special list approved by
an implementing act of the European Commission;
35) carbon dioxide capture - a process that prevents
the release of carbon dioxide into the atmosphere after the
generation of greenhouse gas emission by capturing it;
36) carbon dioxide utilisation - a process where
captured carbon dioxide is used as a feedstock for producing
industrial products or energy resources;
37) carbon dioxide equivalent - a metric measure to
compare the emissions from various greenhouse gases on the basis
of their global-warming potential. The carbon dioxide equivalent
for a gas is derived by multiplying the amount of the gas by the
associated global-warming potential;
38) global-warming potential - a metric measure of unit
over a 100-year timescale used to quantify the effects of various
greenhouse gases on climate change relative to carbon dioxide the
global-warming potential of which is equal to 1.
(2) In this Law, the terms "renewable energy resources" and
"heating fuel" are used within the meaning of the Energy Law, the
term "release for consumption" - within the meaning of the law On
Excise Duties, and the term "voyage" - within the meaning of
Regulation No 2015/757.
[18 December 2003; 6 April 2006; 25 October 2007; 10
December 2009; 14 July 2011; 31 January 2013; 9 June 2016; 1
February 2018; 12 April 2018; 9 October 2025 / Paragraph
one, Clauses 3.4, 10.4, and 10.5
shall be repealed concurrently with the coming into force of the
Economic Sustainability Law. See Paragraph 83 of
Transitional Provisions]
Section 2. Purpose of the Law
The purpose of this Law is to prevent or reduce harm caused to
human health, property, or the environment due to pollution, to
eliminate the consequences of harm caused, as well as:
1) to prevent pollution resulting from polluting activities
or, if it is impossible, reduce emission into soil, water, and
air;
2) to prevent or, if it is impossible, reduce the use of
non-renewable natural resources and energy when performing
polluting activities;
3) to prevent or, if it is impossible, reduce the generation
of waste;
4) to ensure ascertaining of polluted and potentially polluted
sites in the territory of the State and registration thereof;
5) to specify measures for investigation of polluted and
potentially polluted sites and remediation of polluted sites;
6) to specify the persons who shall cover expenses related to
investigation of polluted and potentially polluted sites and
remediation of polluted sites;
7) to prevent or reduce the effects of environmental noise on
human beings;
8) to reduce greenhouse gas emissions from the activities
referred to in Annexes 2 and 4 to this Law and to increase
removal of carbon dioxide from the activities referred to in Part
II of Annex 4 to this Law, taking into account cost efficiency,
ensuring participation in the European Union Emissions Trading
System, and fulfilling the commitments of Latvia in relation to
greenhouse gas emissions reduction and removal of carbon
dioxide;
9) to specify the right of each natural person and legal
person, as well as the associations, organisations and groups
thereof (hereinafter - the public) to participate in the
decision-making process in relation to the issuing of permits for
the performance of polluting activities or the review of such
permits, as well as in relation to the division and allocation of
greenhouse gas allowances;
10) to prevent or, where impossible, restrict odours caused by
polluting activities.
[18 December 2003; 9 June 2016; 1 February 2018; 9 October
2025]
Section 3. Scope of Application of
this Law
(1) This Law determines the requirements which shall be taken
into account by operators and aircraft operators in the area of
pollution prevention and control, and the procedures for the
prevention and control of pollution, as well as:
1) the requirements to be taken into account when initiating,
performing, and discontinuing polluting activities;
2) the requirements to be taken into account when issuing
permits for the performance of polluting activities and the use
of water, as well as the procedures for the provision of
information regarding polluting activities the performance of
which does not require a permit;
3) the procedures for the determination of the environmental
quality requirements;
4) the procedures for determining the emission limit value of
specific substances, the conditions for a polluting activity, as
well as other restrictions referring to the performance of
polluting activities;
5) the procedures for ascertaining, registration,
investigation, and remediation of polluted sites;
6) the conditions for the supervision of polluting activities,
the control and monitoring of polluting activities, as well as
the procedures by which the public shall be informed regarding
such activities;
7) the requirements to be taken into account upon issuing
greenhouse gas emission permits, as well as upon granting and
auctioning allowances;
71) the requirements to be met by aircraft
operators, shipping companies, and fuel and heating fuel
operators in the field of greenhouse gas emission control;
8) the requirements in relation to activities with allowances
and the conditions for the development of a plan for the
allocation of allowances;
9) the procedures for the specification of highly sensitive
territories, including the requirements in relation to the
treatment of city and other municipal (hereinafter - the city)
waste water, as well as the protection of water and soil in the
relevant territories;
10) the requirements, specified for equipment and products
containing chemical substances.
(2) This Law shall also apply to the mobile sources of
pollution stipulated by the Cabinet.
(21) This Law determines the objectives for the
reduction of emissions of air polluting substances, as well as
the procedures for the development of the action programme for
the reduction of emissions and recording the emission of air
polluting substances.
(3) Activities with radioactive substances, radioactive waste,
sources of ionising radiation and genetically modified organisms
shall be governed by other laws and regulations.
(4) This Law provides for the conditions:
1) for the reduction of greenhouse gas emissions from other
sources of greenhouse gas emissions and for the fulfilment of the
commitments of greenhouse gas emissions reduction referred to in
this Law;
2) for the removal of carbon dioxide from the land use,
land-use change and forestry activities referred to in Part II of
Annex 4 to this Law and for the fulfilment of the commitments
referred to in this Law in relation to removal of carbon
dioxide.
(5) This Law determines the requirements for the monitoring,
reporting, and verification of carbon dioxide emissions from
maritime transport carried out in accordance with Regulation No
2015/757.
[18 December 2003; 27 January 2005; 10 December 2009; 14
July 2011; 9 June 2016; 1 February 2018; 12 April 2018; 9 October
2025]
Chapter
II
Requirements and Conditions for Performance of Polluting
Activities
Section 4. Requirements for
Performance of Polluting Activities
(1) An operator, when performing a polluting activity, shall
conform to the specific nature thereof and fulfil the following
requirements:
1) take measures to prevent the occurrence of pollution or to
reduce the emission thereof;
2) ensure the observance of environmental quality
requirements;
3) carry out the monitoring of the polluting activity;
4) provide environmental protection and other State
institutions, local governments and the public with the
information provided for by this Law and other laws and
regulations;
5) conform to the requirements in respect of the site of a
polluting activity;
6) compile and provide the employees performing the polluting
activity with the necessary information regarding the probable
effect of the polluting activity on human health and the
environment;
7) conform to the conditions referred to in Section 11 of this
Law;
8) obtain a Category A or B permit for the performance of
polluting activities or notify regarding the performance of
Category C polluting activities and, in the cases specified in
this Law, obtain a greenhouse gas emission permit;
81) conform to the conditions included in the
permit for Category A or B polluting activity and greenhouse gas
emission permit;
9) after complete cessation of the operation of the
installation, perform the measures which are necessary to prevent
the risk of pollution and to tidy up the location of the
installation to an appropriate condition;
10) rationally use energy.
(2) [9 October 2025]
[18 December 2003; 25 October 2007; 10 December 2009; 11
June 2020; 9 October 2025]
Section 5. Precautionary
Measures
An operator, as well as the responsible State and local
government institutions shall take the necessary precautionary
measures to prevent or, if it is impossible, reduce the
environmental pollution or the risk thereof, as well as the risk
of accidents. Precautionary measures shall include:
1) the use of the available technical means and taking of
organisational measures at all stages and processes of a
polluting activity;
2) the restriction or suspension of production or other
activities for a definite time period if it is required due to
unfavourable meteorological or other circumstances;
3) the avoidance of the use of non-renewable natural resources
and energy or restriction of the use thereof, as well as the
avoidance of the generation of waste or restriction of the
generation thereof by using such methods as recycling and
processing of substances and materials or other methods during
the whole circulation cycle of substances and materials;
4) the avoidance of the use of such mixtures instead of which
it is possible to use substitutes which are less dangerous to
human life, health, or the environment;
5) the assessment of the risk of accidents and the measures
required to avoid accidents, but in the event of an accident to
mitigate its consequences;
6) the suspension of a polluting activity and emergency
remediation of the polluted site, if necessary;
7) the measures required to prevent spreading of pollution;
investigation and remediation of the polluted site, as well as
monitoring of the polluting activity;
8) the requirement for the operators performing the polluting
activities referred to in Annex 1 to this Law to use the best
available techniques.
[18 December 2003; 12 April 2018]
Section 6. Provision of Operators
and Employees with the Necessary Knowledge and the Duty to
Provide Information
(1) An operator, prior to the initiation of a polluting
activity or a substantial change, shall ascertain information
regarding the possible impact thereof on human health and the
environment.
(2) The operator shall provide employees performing a
polluting activity with the necessary information regarding the
procedures by which such activity is to be performed and its
possible impact on human health and the environment, the
precautionary measures to reduce such impact, as well as the
actions in emergency situations.
(3) The operator has an obligation to provide information to
environmental protection institutions which are responsible for
the issue and control of permits in accordance with this Law, as
well as to inform the public and the relevant local government
regarding the results of the monitoring specified in a permit and
the impact of a polluting activity on human health and the
environment.
(31) The operator shall ensure the possibility for
the State Environmental Service to carry out activities which are
necessary for the control of the fulfilment of the requirements
laid down in the laws and regulations of environmental protection
and the conditions defined in the permit.
(4) If the requirements laid down in the laws and regulations
of environmental protection or the conditions of the permit are
infringed, or further conformity with them are jeopardised, the
operator shall immediately notify the State Environmental Service
thereof and act so as to ensure that normal operation of the
installation is renewed as soon as possible or the possible
threat of conformity with the requirements laid down in the laws
and regulations of environmental protection or the conditions of
the permit is prevented accordingly. The State Environmental
Service shall assign the operator to perform the necessary
measures in order to renew normal operation of the installation
and conformity with the requirements laid down in the laws and
regulations of environmental protection and the conditions
defined in the permit.
(5) If pollution dangerous to human life, health, or the
environment has occurred or there is a serious threat of
occurrence of such pollution, the operator shall notify the State
Environmental Service thereof.
[18 December 2003; 10 December 2009; 31 January 2013; 12
April 2018]
Section 7. Monitoring of Polluting
Activities
An operator shall ensure the monitoring of a polluting
activity, especially for such processes that are directly related
to the environmental pollution or the risk thereof. In order to
detect changes in the environment in good time, the operator
shall ensure the monitoring of the environment in the territory
which may be affected by the polluting activity.
[20 June 2002]
Section 8. Requirements for the Site
of Polluting Activity
(1) Prior to commencing a polluting activity which requires a
permit in accordance with this Law, an operator shall assess the
possible alternative sites for performance of such activity. This
requirement shall apply to the activity as a whole, separate
processes thereof, as well as to the sites of emission. The site
for the polluting activity or separate processes thereof shall be
chosen such where the activity shall have the least negative
impact on human health and the environment.
(2) The requirements of Paragraph one of this Section shall
not apply to polluting activities the possible performance sites,
techniques, and technologies of which, as well as the impact
thereof on the environment have been assessed in accordance with
the law On the Environmental Impact Assessment.
Section 8.1 Storage of
Carbon Dioxide
[1 January 2013 / See Paragraph 32 of Transitional
Provisions]
Section 8.2 Storage of
Carbon Dioxide
Storage of carbon dioxide in the water column is prohibited in
the territory of Latvia, the exclusive economic zone and
continental shelf thereof.
[31 January 2013; 9 October 2025]
Section 9. Cost-effectiveness
An operator shall implement the measures and requirements
specified in Sections 5, 6, 7, and 8 of this Law, making sure
that the total costs of implementing such measures and
requirements conform to the foreseeable positive effect on the
environment and that the conformity with the environmental
quality requirements is ensured.
Section 10. Emission Limit Values,
Level and Limit
(1) An emission limit value is the maximum quantity of a
substance emitted or other factors (concentration or level of
emission) expressed as definite parameters that may not be
exceeded within a specified period or periods of time or that may
not be exceeded under normal conditions of operation of an
installation. The emission limit value shall be determined for
specific substances or groups of substances.
(2) An emission limit value shall be determined on the site
where pollution is discharged from an installation. The reduction
in concentration which is formed as a result of dilution need not
be taken into account at the time of determining the limit
value.
(3) Upon determining the emission limit value for the
discharge into water of indirect pollution of an installation,
the operation of water treatment installations may be taken into
account if for the environment as a whole an equivalent level of
protection is ensured and the environmental pollution level does
not increase.
(4) An emission limit is an quantity of the emitted substance
specified in a permit or other factors (the concentration or
level of emission) expressed as definite parameters that may not
be exceeded during a specified period or periods of time, or the
quantity or concentration of the emitted substance that may not
be exceeded under normal conditions of operation of an
installation and which does not exceed the relevant emission
limit value.
(5) An emission level related to the best available techniques
shall be such emission level which is reached under standard
circumstances of use of the installation by using the best
available techniques which are included in the conclusions on the
best available techniques, and which is expressed as the average
indicator in a particular period of time in conformity with the
reference conditions specified appropriately.
[25 October 2007; 10 December 2009; 12 April 2018]
Section 11. Conditions for
Performance of a Polluting Activity
(1) When performing a polluting activity, an operator shall
abide by:
1) the prohibition in respect of emission of specific
polluting substances into the environment;
2) the emission limit values and limits of certain types of
pollution, as well as emission levels related to the best
available techniques;
3) the procedures for the reduction, prevention, or control of
emission in specific fields of economic activity or in respect of
a specific type of installations or substances;
4) the procedures for the conformity assessment of
installations or groups of installations related to a specific
emission.
(2) In order to ensure conformity with the conditions referred
to in Paragraph one of this Section, the Cabinet shall
regulate:
1) the regulations regarding the development of draft emission
limits of stationary pollution sources;
2) the emission limit values for sewage and prohibition in
respect of emission of polluting substances into water;
3) the regulations regarding the protection of water and soil
from pollution with nitrates caused by agricultural activity;
4) the regulations regarding the emission of noise from
installations used outdoors;
5) the regulations regarding the emission of polluting
substances into the air from the combustion engines of mobile
mechanisms not used for transport;
6) the regulations regarding the environmental pollution
resulting from the production of asbestos and asbestos-based
products;
7) the regulations regarding the requirements to be set for
incineration of waste and for the operation of waste incineration
facilities;
8) the procedures for the restriction of the spread of the
smell caused by polluting activity and the methods for specifying
such smells;
9) the environmental protection requirements for petrol
stations, oil depots, and tank containers;
10) the regulations regarding the emission of polluting
substances into the air caused by combustion engines used in
particular railway and river traffic;
11) the regulations regarding sewerage sludge and the use,
monitoring, and control of the compost thereof;
12) the procedures by which the emission of polluting
substances from certain products is limited;
13) the requirements for the use and labelling of equipment
and products containing particular dangerous chemical substances
and environmentally harmful goods list;
14) the types of liquid fuel with increased sulphur content
which are prohibited to be released for free circulation or
sold;
15) the environmental quality rules for equipment and specific
types of vessels which use liquid fuel containing sulphur;
16) the use of experimental and innovative emission reduction
technologies in vessels;
17) [9 October 2025];
18) the procedures by which transportation of carbon dioxide
stream by pipelines to the storage sites shall be ensured, as
well as the criteria for the purity of carbon dioxide stream and
the procedures by which disputes regarding access to transport
networks and storage sites shall be examined;
19) the procedures by which emission of air polluting
substances from incineration installations shall be prevented,
limited, and controlled;
20) the procedures by which emission of volatile organic
compounds from installations in which organic solvents are used
shall be limited;
21) the requirements for the restriction, control, and
monitoring of the emissions generated by the installations of the
titanium dioxide industry.
(3) [12 April 2018]
(4) The Cabinet shall determine the procedures by which the
association "Latvijas Antīko automobiļu klubs" [Latvian Antique
Automobile Club] shall be issued a certification regarding the
fact that the means of transport conforms to the status of
antique means of transport in order to acquire products with an
increased volatile organic compound content.
(5) The Cabinet shall determine the quality requirements for
bio-oils and the use and control procedures for bio-oils to be
used for oiling cutting tools used in forestry operations.
(6) The Cabinet shall determine the price list for paid
services for provision of the information and data necessary for
the development of projects on emission limit of stationary
sources of pollution.
[20 June 2002; 18 December 2003; 27 January 2005; 6 April
2006; 25 October 2007; 7 May 2009; 10 December 2009; 14 July
2011; 31 January 2013; 9 June 2016; 12 April 2018; 9 October
2025]
Chapter
III
Environmental Quality Requirements and Programmes for
Implementation of Environmental Quality Requirements
Section 12. Environmental Quality
and Determination of Environmental Quality Requirements
(1) Environmental quality shall be determined in comparison
with the desirable quality of air, surface water, underground
water, soil, and subterranean depths or quality of other
environmental components for the provision of which the
environmental quality requirements expressed in quantitative
indicators shall be determined.
(2) In order to prevent harm to human health or the
environment and ensure the maintenance of biological diversity
within a longer period of time, considering the necessary
security reserves, the Cabinet shall determine the quality
requirements for air, surface water, underground water, and soil,
specifying:
1) the time periods for attainment of such rules and the
territory to which they apply;
2) the highest and lowest permissible level or characteristics
for the presence in the environment of substances, noise,
organisms, or other factors affecting the environment;
3) the parameters, monitoring methods, and methods by which
the exceeding of the relevant parameters is determined;
4) the measures to be taken in cases where the rules have been
exceeded.
(21) The cabinet, taking into account the
conditions in Paragraph two of this Section, shall determine the
quality standards for soil.
(3) The environmental quality requirements laid down in laws
and regulations may be attained gradually, during several
specific intermediate stages.
[27 January 2005]
Section 13. Limit Values and Target
Values
(1) The environmental quality requirements are divided into
limit values and target values.
(2) Limit values shall be binding on any operator who performs
or has intended to perform a polluting activity the emission
arising from which may affect the relevant territory.
(3) Environmental protection institutions, upon taking
decisions on the issue of a permit and developing conditions for
the use of the best available techniques, as well as upon
controlling a polluting activity, shall take into account the
target values determined.
(4) Operators, upon performing polluting activities, shall
restrict emissions in order that they do not exceed the
environmental quality target values, or if they are exceeded -
gradually reduce emissions to the relevant guide value.
[20 June 2002]
Section 14. Restrictions on
Initiating a Polluting Activity
(1) A polluting activity shall not be initiated if
environmental quality standard limit values for a specific type
of pollution in a specific territory have been exceeded or may be
exceeded and if the emissions caused by the relevant activity may
increase the total quantity of the relevant pollution in this
territory. In such cases a permit for the performance of a
polluting activity is not issued.
(2) If in a specific territory the environmental quality
standard limit value for a specific type of pollution is exceeded
or may be exceeded, the local government, according to an action
programme or short-term action programme developed and approved
in accordance with the procedures laid down in laws and
regulations, may issue binding regulations which in the relevant
territory restrict or prohibit the initiation of such polluting
activity the emission arising from which may increase the total
quantity of relevant pollution in such territory, except for the
cases referred to in Section 16 of this Law.
[20 June 2002; 18 December 2003]
Section 15. Restrictions on a
Polluting Activity
If environmental quality limit values for a specific type of
pollution have been exceeded or may be exceeded in a territory,
where a polluting activity is performed according to a permit
issued in accordance with the procedures laid down in laws and
regulations:
1) the operator shall take measures required to gradually
reduce emission which may affect human health or the environment
in the relevant territory in accordance with the requirements
laid down in Chapter II of this Law;
2) a permit for a substantial change in operation shall not be
issued, if such change may cause emissions which increase the
total quantity of relevant pollution in such territory;
3) in reviewing the already-issued permits, conditions thereof
shall be changed or supplemented in accordance with the
requirements laid down in Chapter II of this Law.
Section 16. Co-operation of
Operators
(1) In cases referred to in Sections 14 and 15 of this Law, an
operator may enter into an agreement on measures to be taken in
order to reduce the total emissions of the relevant type with
another operator who is permitted to emit pollution of the
relevant type, and shall notify the State Environmental Service
thereof.
(2) If the agreement of operators provides that the total
emissions of the relevant type arising from polluting activities
to which the agreement applies are to be lower than before
entering into the agreement and if, in accordance with this Law
and other laws and regulations, other requirements for the
reduction of pollution have been conformed to, the State
Environmental Service shall accept such agreement.
(3) Operators who have intended to perform polluting
activities to which an agreement applies shall submit a
submission for obtaining a permit and the State Environmental
Service shall issue a permit in conformity with the reduction of
the amount of emissions provided for in the agreement.
[27 January 2005; 10 December 2009; 12 April 2018]
Section 16.1 Recording
the Emission of Air Polluting Substances at the National
Level
(1) Valsts sabiedrība ar ierobežotu atbildību "Latvijas Vides,
ģeoloģijas un meteoroloģijas centrs" [State limited liability
company Latvian Environment, Geology and Meteorology Centre]
shall carry out the development of total calculations and
forecasts of the emission of air polluting substances at the
national level, as well as preparation of the emission report in
co-operation with relevant sectoral ministries, authorities, and
merchants.
(2) The Cabinet shall determine the procedures for the
establishment and maintenance of the national system for the
preparation of total calculations and forecasts of the emission
of the air polluting substances at the national level and the
procedures for the assessment of impact of air pollution on
ecosystems, as well as the requirements for the information to be
provided to the public and the European Commission.
[12 April 2018]
Section 16.2 Reduction of
Air Pollution at the National Level
(1) In order to reduce the negative impact caused by air
pollution on human health and the environment, Latvia shall,
during the period of time from 2020 to 2029 and after 2030,
reduce emissions of sulphur dioxide, nitrogen dioxide, volatile
organic compounds (except for methane), and PM2,5
particles caused by different sectors of the national economy.
The Cabinet shall determine the objectives for the reduction of
emissions of the abovementioned substances for the period of time
from 2020 to 2029 and after 2030.
(2) In order to ensure reduction of air pollution and
fulfilment of the targets for the reduction of emissions
specified in laws and regulations, the Ministry of Climate and
Energy shall organise the development of the action plan for the
reduction of air pollution and co-ordinate the implementation
thereof. The action plan shall be developed in co-operation with
the Ministry of Agriculture, the Ministry of Economics, the
Ministry of Transport, the Ministry of Finance, the Ministry of
Health, as well as other authorities, if the decisions taken
thereby have direct or subordinate effect on the emission of air
polluting substances. The Cabinet shall determine the content of
the action plan, as well as the procedures by which the action
plan shall be developed and reports on performance thereof shall
be provided.
(3) The action plan referred to in Paragraph two of this
Section shall be approved by the Cabinet.
(4) The Ministry of Agriculture, the Ministry of Economics,
the Ministry of Transport, the Ministry of Finance, the Ministry
of Health, as well as other authorities the decisions taken by
which have direct or subordinate effect on the emission of air
polluting substances, when organising and planning their activity
or sectoral policy, shall take into account the objectives for
the reduction of emission of air polluting substances stipulated
by the Cabinet and implement the measures specified in the action
plan.
[12 April 2018; 9 October 2025]
Section 17. Plan for the
Implementation of the Environmental Quality Requirements and
Action Programmes for Reduction of Air Pollution
(1) If the environmental quality requirements specified for
the particular type of pollution are exceeded or are likely to be
exceeded as well as in the cases specified in other laws and
regulations, the Ministry of Climate and Energy shall develop the
action plan for the reduction of pollution. At least objectives
and measures to be performed for the reduction of pollution, as
well as the source of financing thereof, shall be indicated in
the action plan. The abovementioned plan shall be approved by the
Cabinet.
(2) [12 April 2018]
(21) If the environmental quality requirements
specified for air polluting substances are exceeded or are likely
to be exceeded in the territory of a local government, the
relevant local government shall develop an action programme for
the reduction of air pollution in the particular territory in
co-operation with the Ministry of Climate and Energy and
implement the measures specified therein.
(22) In order to develop the action programme
referred to in Paragraph 2.1 of this Section, to
determine the main sources of pollution and to plan the measures
to be implemented, a local government has the right to collect
and compile information on the heating equipment located in the
territory thereof and the type and volume of fuel used therein. A
local government council may issue binding regulations which
determine the procedures for collecting information on the
heating equipment located in the territory of the local
government and the type and volume of fuel used therein.
(3) The content of the action programme for the reduction of
air pollution and the procedures for the development thereof and
for reporting shall be determined by the Cabinet.
[20 June 2002; 18 December 2003; 7 May 2009; 16 December
2010; 12 April 2018; 10 December 2020; 9 October 2025]
Section 18. Highly Sensitive
Territories
(1) Territories where pollution may has an increased effect on
human health or the environment and its biological diversity, or
the territories that are highly sensitive to pollution load shall
be known as highly sensitive territories.
(2) The Cabinet shall govern the criteria for the
determination of highly sensitive territories and the procedures
for managing thereof, determine the boundaries of the relevant
territories, or of the entire State or of the administrative
territories of specific local governments as the boundaries of
sensitive territories, as well as determine:
1) those highly sensitive territories to which increased
requirements for the urban waste water treatment apply;
2) those highly sensitive territories to which increased
requirements for the protection of water and soil from pollution
with nitrates caused by agricultural activity apply.
(3) The Cabinet shall:
1) [17 June 2010];
2) [18 December 2003].
(4) The Minister for Climate and Energy shall, after agreement
with the Minister for Agriculture, establish a consultative
council for the co-ordination of management measures for the
highly sensitive territories referred to in Paragraph two, Clause
2 of this Section, including in such council representatives from
the Ministry of Climate and Energy, the Ministry of Agriculture,
and the Ministry of Health, and the authorities subordinate to
these ministries, as well as representatives of public
organisations, and shall approve the by-laws of such council.
[18 December 2003; 17 June 2010; 16 December 2010; 9
October 2025]
Section 18.1 Assessment
and Reduction of Noise
(1) The noise mapping and development of strategic noise maps
for the territory of an agglomeration shall be ensured by the
relevant local government, but for objects of the infrastructure
outside the territory of the agglomeration - for railway lines,
motorways and airports where traffic intensity is more than 50
000 aircraft per year - by the manager of the relevant transport
infrastructure object. The local government and the manager of
the relevant transport infrastructure object shall co-operate in
the carrying out of noise mapping for the territory of the
agglomeration.
(2) An action plan for the reduction of noise in the territory
of the agglomeration shall be developed and introduced by the
relevant local government, but an action plan for the reduction
of noise for a transport infrastructure object which is located
in the territory of the agglomeration and outside the territory
of the agglomeration - by the manager of the relevant transport
infrastructure object. The local government and the manager of
the relevant transport infrastructure object shall co-operate in
development of the action plan, as well as in introduction of the
action plan in the territory of the agglomeration.
(3) The Cabinet shall determine:
1) the noise indicators, the procedures for the application
thereof, and the assessment methods;
2) the requirements and time periods for the noise mapping, as
well as the development of strategic noise maps and action plans
for noise reduction;
3) the assessment methods for the harmful consequences of
environmental noise;
4) the procedures by which co-operation with neighbouring
states in the assessment and reduction of environmental noise
shall be implemented (if a transboundary impact has been
observed);
5) the information to be issued to the public and the European
Commission regarding environmental noise, the procedures for the
issuing thereof and time periods, as well as the procedures by
which the public shall be involved in the development of action
plans for the reduction of noise;
6) the requirements and procedures for the assessment of
environmental noise emitted by traffic and industrial
objects.
(4) In populated areas, roads, railways, and airports where
the relevant indicators are less that those referred to in
Paragraph 10 or 11 of the Transitional Provisions of this Law,
the institutions referred to in Paragraphs one and two of this
Section may perform noise mapping, develop and implement
strategic noise maps and action plans for the reduction of noise
in conformity with the conditions provided for environmental
protection in this Law and other laws and regulations.
[18 December 2003; 10 December 2009; 9 June 2016; 14 July
2022]
Section 18.2 Assessment
and Restriction of Radiation of Electromagnetic Fields
(1) The requirements for the assessment of radiation of
electromagnetic fields shall apply to devices - mechanical,
electrical or electronic constructions, as well as combinations
thereof - which are intended for the fulfilment of special
functions:
1) for low frequency devices for the generation of electricity
and transmission of electrical current, including transmission of
railway track current, with nominal voltage from one kilovolt
(kV) and more, including other similar devices within the
frequency range from one hertz (Hz) to nine kilohertz (kHz);
2) for direct current distant transmission and redistribution
fixed devices, including operation of devices with nominal
voltage from two kilovolts (kV);
3) for high frequency or radiofrequency devices, including
fixed installations which cause electromagnetic fields in the
frequency range from nine kilohertz (kHz) to 300 gigahertz
(GHz).
(2) The Cabinet shall determine:
1) the limit values and target values of radiation of
electromagnetic fields, the procedures for the application and
methods for the assessment thereof;
2) the requirements for the assessment or reduction of the
risk caused by electromagnetic fields;
3) the competent authority for the control of radiation of
electromagnetic fields caused by the devices.
[1 February 2018 / Section shall come into force on
1 November2018. See Paragraph 49 of Transitional
Provisions]
Chapter
IV
Classification of Polluting Activities and Conditions for Their
Performance
Section 19. Classification of
Polluting Activities and a Permit for the Performance of
Polluting Activities
(1) Polluting activities are classified into Categories A, B,
and C, considering the quantity and effect or the risk of
pollution caused to human health and the environment.
(2) The requirements specified in Chapter II of this Law shall
also apply to such activities which do not conform to Category A,
B, or C, but may cause pollution.
(3) In order to initiate Category A or B activity, as well as
in the case of substantial changes, an operator shall obtain a
permit to perform the polluting activity.
(31) The State Environmental Service shall provide
information in the permit on the operator, installations, and
polluting activity.
(4) It is prohibited to divide a polluting activity among two
or more operators in order to avoid the application of the
category of permit that conforms to the total capacity of the
polluting activity or the volume of production produced. If a
polluting activity is divided or the emission from several
operator installations which perform the polluting activity
impacts on one and the same territory, in determining the
category of polluting activity permit, the capacity of the
installations or the volume of production produced shall be
summed.
(5) [9 October 2025]
[18 December 2003; 25 October 2007; 31 January 2013; 9 June
2016; 12 April 2018; 9 October 2025]
Section 20. Category A
Activities
(1) Polluting activities that are performed, using the
installations specified in Annex 1 to this Law, are Category A
activities. Upon performing Category A activities, an operator
shall apply the best available techniques.
(2) Category A permits shall be required for stationary
technological installations in which one or several of the
polluting activities referred to in Annex 1 to this Law are
performed. The conditions regarding the Category A permits shall
apply to such installations, in conformity with the quantity of
pollution resulting from such installations or the risk to human
health and the environment according to the specified parameters,
in addition, taking into account also the polluting activities
performed by other installations that are technically connected
with such installations which also may affect emission and
environmental pollution.
(3) The indicators referred to in Annex 1 to this Law shall
apply to the production capacity of the installations or the
quantity of production produced. An operator who performs several
polluting activities referred to in Annex 1 to this Law shall
aggregate their capacities if all activities apply to one area of
the industrial activity referred to in Annex 1 to this Law and if
they are performed in one site or using one installation.
(4) The conditions for Category A permits for installations
that are used for the research, development, or testing of
emerging techniques are specified in Section 31, Paragraph seven
of this Law.
(5) The Cabinet shall issue regulations regarding applying for
a Category A polluting activity, the issue of a relevant permit,
and the use of the best available techniques, as well as
specify:
1) a timetable according to which Category A permits are
issued to the installations for which such permits are
required;
2) the maximum transition period within which the conformity
of the permit conditions in relation to the use of the best
available techniques shall be ensured;
3) the information to be included in the submission for
obtaining a permit which shall specify the measures to be taken
in respect of the protection of human health, air, water, and
soil, and also waste management. If the polluting activity is
related to water extraction, the permit shall specify the limits
for the use of water;
4) the procedures for requesting and issuing of permits;
5) the procedures by which the public may become acquainted
with the submission and submit its proposals, as well as become
acquainted with the permit conditions, results of monitoring and
tests;
6) the procedures by which other states shall be informed, and
monitoring of such pollution in cases when a transboundary effect
of pollution is likely;
7) the time period for the examination of a submission and the
taking of a decision which may not exceed 90 days. The days which
are related to requesting of information shall not be included in
the time period for taking of a decision.
(6) If a Category A polluting activity is planned to be
implemented outside the territory of Latvia and it has a possible
transboundary impact, the State Environmental Service shall:
1) within 14 days after information has been received from the
competent authority of the relevant state regarding a submission
for the performance of a polluting activity, post a notification
regarding the received information on its website and publish the
notification in at least one newspaper;
2) indicate in the notification the place where the public and
interested authorities may acquire information on the intended
activity and its transboundary impact as well as on a reasonable
period up to which written proposals may be submitted to the
State Environmental Service;
3) compile the proposals submitted by the public and
interested institutions and send them to the competent authority
of the relevant state.
[18 December 2003; 27 January 2005; 25 October 2007; 10
December 2009; 16 December 2010; 31 January 2013; 12 April 2018;
9 October 2025]
Section 21. Best Available
Techniques and Choice Thereof in Respect of Category A Polluting
Activities
(1) The best available techniques are applicable to the most
effective and progressive technological and operational methods
development stage in which is shown the actual applicability of
specific methods in order to prevent and - in cases where
prevention is impossible - reduce emissions and the impact on the
environment as a whole, and they are intended in order to specify
the basic principle for the calculation of emission limits.
(2) The concept "techniques" shall include the technology used
and the way in which the installation is designed, built,
maintained, operated, or decommissioned.
(3) Techniques are available if they are economically and
technologically substantiated and, irrespective of whether they
have previously been used or introduced in production in Latvia,
it is possible to implement them in a specific industrial sector,
taking into account the relevant costs and advantages.
(4) Techniques are the best if they include such technologies
and methods by the application of which it is possible to ensure
the highest level of environmental protection at large.
(5) Upon choosing the best available techniques and taking
into account the potential costs of their implementation and use,
as well as the environmental protection principles specified in
the Environmental Protection Law and the specific nature of a
particular polluting activity, an operator shall:
1) use technology which ensures generation of the least
possible quantity of waste;
2) use technology which ensures conformity with the
requirements of Section 5 of this Law;
3) use substances which are less dangerous to human life,
health, and the environment;
4) promote reuse of substances produced and used in the
manufacturing process and waste processing;
5) use processes, installations, and operational methods that
have already been tested and found to be successful;
6) follow the development of technologies and how knowledge
and understanding in respect of the new technologies expands;
7) take into account the nature, impact, and quantity of
emission;
8) take into account the expected time periods for suspension
or closure of an installation;
9) take into account the time required for the implementation
of the best available techniques;
10) take into account the consumption of raw materials,
including water, used during the manufacturing process and energy
efficiency of the technology;
11) prevent or reduce to a minimum emission risks and its
impact on human health or the environment;
12) prevent accidents, but if an accident has occurred -
reduce its consequences;
13) use the conclusions regarding the best available
techniques as the basis. Upon performing the activities for which
there are no applicable conclusions on the best available
techniques at the time when the permit is issued or reviewed, the
guideline document of the best available techniques developed by
the European Commission or information regarding the best
available techniques which has been published by international
organisations shall be used;
14) ensure that the emission caused by the installation does
not exceed the emission level related to the best available
techniques.
[25 October 2007; 10 December 2009; 31 January 2013; 12
April 2018]
Section 22. Category B
Activities
(1) Polluting activities for the initiation or substantial
change of which a Category B permit is required are Category B
activities.
(2) The Cabinet shall determine Category B activities by
taking into account the quantity, effect, or risk of pollution
caused by it to human health or the environment, approve the
information to be included in the submission for obtaining a
permit, and also determine the procedures by which a permit shall
be requested and issued. If the polluting activity is related to
the water extraction, the Category B permit shall specify the
limits for the use of water.
(21) The Cabinet shall determine the time period
for the examination of a submission and the taking of a decision,
which may not exceed 60 days. If the procedure of hearing the
public opinion is applied to a polluting activity in accordance
with Section 27 of this Law, the time period for examination of a
submission and taking of a decision may not exceed 90 days. The
days which are related to requesting of information shall not be
included in the time period for taking of a decision.
(3) The Cabinet shall determine the procedures by which the
public may become acquainted with the conditions of a permit for
Category B activity, as well as the results of monitoring and
tests.
[18 December 2003; 27 January 2005; 10 December 2009; 16
December 2010; 12 April 2018 / Amendment to Paragraph two
on the replacement of the words "the submission form and the
permit form for a Category B activity" with the words "the
information to be included in the submission for obtaining the
permit" shall come into force on 1 April 2020. See
Paragraph 62 of Transitional Provisions]
Section 23. Category C
Activities
(1) Polluting activities the performance of which does not
require a permit, but before the initiation or substantial change
of which a submission should be submitted to environmental
protection institutions are Category C activities.
(2) The Cabinet shall determine Category C activities by
taking into account the quantity, effect, or risk of pollution
caused by it to human health or the environment, and also the
content of a submission and procedures for the lodging thereof,
and the procedures by which the State Environmental Service
registers Category C activities.
[27 January 2005; 12 April 2018 / Amendment
regarding the supplementation of Paragraph two with the words
"and the procedures by which the State Environmental Service
registers Category C activities" shall come into force on 1 April
2020. See Paragraph 63 of Transitional Provisions]
Section 24. Notification Regarding
Category C Activities
(1) An operator shall, not later than 30 days prior to the
initiation of a Category C activity, submit a submission to the
State Environmental Service.
(2) An operator shall, not later than 30 days prior to a
substantial change in a Category C activity, submit a submission
to the State Environmental Service.
(3) [20 June 2002]
[20 June 2002; 27 January 2005; 12 April 2018]
Section 24.1 Activities
for which a Greenhouse Gas Emission Permit is Necessary
[9 October 2025]
Section 24.2 Special
Requirements in Relation to Polluting Activities
(1) Special requirements may be specified for the performance
of such polluting activities which conform to a specific
industrial sector and which are characterised by a specific
effect on the environment by the relevant sector. Upon specifying
special requirements applicable to the polluting activities
(installations) referred to in Annex 1 to this Law, conclusions
regarding the best available techniques shall be taken into
account.
(2) The Cabinet shall determine the special requirements in
relation to the individual performance of the polluting
activities referred to in Paragraph one of this Section.
(3) In order to restrict emission of volatile organic
compounds, including spread of odours caused by a polluting
activity which are generated by carrying out loading of petroleum
products and hazardous chemical substances and mixtures into
tankers, local governments shall issue binding regulations in
which the requirements for the installation, operation, and
monitoring of the freight evaporation emission control systems
are laid down for the operators of polluting activity which in
the port territories reload petroleum products and hazardous
chemical substances and mixtures the vapour pressure of which is
27.6 kilopascals (kPa) or more by measuring according to Reid
technique, or mazut, crude oil, or benzol if total turnover of
the polluting activity specified in the permit for a polluting
activity is 200 000 tons per year or more in the port territory
owned or used by the operator.
(4) Local governments are entitled to determine a time limit
which is less than 168 hours per calendar year for exceeding the
odour target value in the binding regulations of the local
government which have been taken in accordance with Paragraph
three of this Section, and provide therein that the conformity
with the odour target value should be ensured on the border of
the territory in use or owned by the operator, as well as to
determine the procedures by which the authority which controls
protection of the port territory against pollution shall be
informed regarding the results of measurements.
(5) The operator of polluting activity who reloads petroleum
products and hazardous chemical substances in the port territory
the vapour pressure of which is 27.6 kilopascals (kPa) or more by
measuring according to Reid technique, or mazut, crude oil or
benzol, and if the turnover of such products and substances in
the port territory owned or used by it is more than 200 000 tons
per year shall install the freight evaporation emission control
systems by 31 December 2021 if the local government has not
issued binding regulations in accordance with Paragraph three of
this Section or has issued binding regulations, however, it has
not specified another, sooner time period for the installation of
freight evaporation emission control system in the port
territory. After installation of freight evaporation emission
control systems, the operator of polluting activity shall ensure
their operation and monitoring, as well as carry out measurements
of odour target values on the border of the territory used or
owned by it.
[18 December 2003; 31 January 2013; 1 February
2018]
Section 24.3 Information
System of the State Environmental Service
(1) The information system of the State Environmental Service
(hereinafter - the information system) is a State information
system which includes the information and documents necessary for
the fulfilment and control of the requirements laid down in the
laws and regulations regarding environmental protection and
ensures the circulation of information among public
administration and control authorities and merchants, and also
involvement of the society in decision-making. The information
system shall be created and maintained by the State Environmental
Service.
(2) The information system shall include:
1) the issued Category A and B permits and decisions taken in
relation thereof, and also the registered Category C
activities;
2) the baseline reports on the quality of soil and groundwater
in the territory of the installation;
3) the information on environmental inspections carried out in
Category A installation;
4) other information necessary for the enforcement of this
Law.
(3) In the information system:
1) the operator shall submit the submission for obtaining
Category A or B permit and for registering Category C
activity;
2) [9 October 2025];
3) the State Environmental Service shall issue a Category A or
B permit, and also shall register Category C activities.
(4) The documents referred to in Paragraph three of this
Section which are submitted in the information system shall have
legal effect also if they do not contain the detail
"signature".
(5) The information referred to in Paragraph two, Clauses 1,
2, and 3 of this Section shall be accessible to the public in the
information system free of charge.
[12 April 2018; 9 October 2025]
Chapter V
Submission for, Issue, Review and Revocation of Permits
[18 December 2003; 10 December
2009]
Section 25. Preconditions in Respect
of Issue of Permits for Initiation or Substantial Change of
Polluting Activities
(1) A permit for the initiation or substantial change of a
polluting activity shall be issued if an operator has submitted a
submission in accordance with the requirements laid down in this
Law and other laws and regulations.
(2) Category A or B permits for the initiation or substantial
change of a polluting activity shall be issued if in addition to
the conditions in Paragraph one of this Section, the following
conditions are also conformed to:
1) the operator has assessed the environmental impact of such
activity and has received an opinion on the acceptance of
intended activity - in cases where in accordance with laws and
regulations the polluting activity requires an environmental
impact assessment;
2) a programme for the prevention of industrial accidents or a
safety report, as well as an installation emergency readiness
plan and a plan of civil defence measures has been developed - in
cases where it is required in accordance with laws and
regulations;
3) information has been provided to the public and a
sufficiently long time period has been given for the submission
of proposals by the public regarding the initiation or
substantial change of a polluting activity - in cases where in
accordance with laws and regulations the participation of the
public in the taking of decisions has been specified.
(3) [9 October 2025]
[18 December 2003; 27 January 2005; 10 December 2009; 31
January 2013; 9 June 2016; 12 April 2018; 9 October 2025]
Section 26. Consultations with Other
State Institutions and Local Governments
Prior to the issuing of a permit, the State Environmental
Service shall send to the relevant local government (prior to the
issuing of a permit for Category A or B polluting activities -
also to the Health Inspectorate) the information required for
submitting proposals on the conditions for submissions and
permits, and examine the proposals submitted by such
institutions.
[20 June 2002; 27 January 2005; 10 December 2009; 12 April
2018]
Section 27. Public Participation
(1) A submission for the receipt of a Category A permit, but
in the cases stipulated by the Cabinet - also for the receipt of
a Category B permit, shall be available to the public in order
that it may submit proposals regarding matters related to the
issue of the permit.
(11) The hearing of the public opinion if the
decision-taking process has been commenced shall be ensured at
the very least when the decision relates to:
1) obtaining the permit referred to in Paragraph one of this
Section, except for the case specified in Section 28, Paragraph
eight of this Law;
2) substantial changes in Category A polluting activities and
in specific cases also in Category B polluting activities;
3) the review of the conditions of a permit in accordance with
Section 32, Paragraph three, Clause 8 of this Law;
4) a Category B polluting activity where the State
Environmental Service or the relevant local government, in
addition to the cases specified in this Section, has taken a
decision to hear the public opinion.
(2) The public shall have access to the information necessary
for participation in decision-making, including the essence of
the possible decisions or, if only one decision is possible, the
draft decision, as well as all decisions which relate to the
issuing of Category A or B permits, the conditions of the issued
permits, and the information on monitoring and control
results.
(21) The public shall have access to the
information related to the issuing of a permit which is at the
disposal of the State Environmental Service.
(3) If a submission or a permit contains information which is
to be considered restricted access information in accordance with
laws and regulations, the State Environmental Service, on the
basis of a submission from the operator, shall take a decision on
restricted access to certain sections of the submission or the
permit. This provision shall not apply to information regarding
emission and the risk of accidents.
[18 December 2003; 27 January 2005; 25 October 2007; 7 May
2009; 10 December 2009; 12 April 2018; 9 October 2025]
Section 28. Submission for, Issue
and Revocation of Category A or B Permits
(1) A submission for a permit shall be prepared by an
operator, inviting experts, if necessary. The operator shall be
responsible for the veracity of the information indicated in the
submission.
(11) The submission for obtaining a permit shall be
submitted electronically in the information system, using a
special online form if a person has been electronically
identified by the personal identification shared use module under
the supervision of the State Regional Development Agency.
(2) The submission shall contain the following
information:
1) the installation and its activities;
2) the raw materials and auxiliary materials, other substances
and energy used or generated by the relevant installation;
3) the sources of emission from the installation, including
the sources of emission causing noise, vibration, and conducting
heat into the environment;
4) the environmental conditions on the site of operation of
the installation;
5) the nature and quantities of the substances which may be
emitted from the installation into water, air (except for
greenhouse gas emissions) or soil, as well as the substantial
impact of the emission on the environment;
51) the quantity of such substances, which may be
emitted, as a result of uncharacteristic activity of the
installation, into water, air (except for greenhouse gas
emission) or soil;
6) the technology and other techniques intended to be used in
order to prevent or, if it is impossible, reduce emission from
the relevant installation;
7) the best available techniques which the operator performing
Category A activities uses or has intended to use to prevent or
restrict the occurrence of pollution;
8) the measures to be taken in order to prevent or reduce
generation of waste and recover the waste generated by the
installation;
9) other measures which will be taken to ensure the fulfilment
of the requirements laid down in Chapters II and III of this
Law;
10) the procedures by which the monitoring of the polluting
activity is intended to be carried out.
(21) The following shall be appended to a
submission:
1) the information summary referred to in Paragraph two of
this Section in which specific technical descriptions and
terminology are not used in order for it to be easily
understandable to the public;
2) a baseline report on the quality of soil and groundwater in
the territory of the installation (hereinafter - the baseline
report), if it is necessary for the performance of Category A
activities in accordance with Section 29, Paragraph six of this
Law.
(3) A submission shall include possible alternatives to the
polluting activity and justify why the relevant variant has been
chosen. If the abovementioned alternatives have already been
examined upon assessing the environmental impact, the operator
shall append the report on the environmental impact assessment
and the opinion on the acceptance of the intended activity to the
submission.
(4) When issuing a permit for the performance of a polluting
activity for which, in accordance with laws and regulations, an
environmental impact assessment is required, the State
Environmental Service shall assess and take into account the
report on the environmental impact assessment and meet the
requirements brought forward in the opinion of the State
Environmental Service on the report on the environmental impact
assessment.
(5) A permit shall be issued by the State Environmental
Service according to the place of operation of an installation.
If necessary, the State Environmental Service shall invite
experts, except for those who have participated in the
preparation of the submission.
(6) Prior to issuing a permit, the State Environmental Service
shall evaluate the proposals submitted during the public
participation process and, by posting them on its website, shall
also make information regarding such opinions and recommendations
accessible to the public which have been received prior to the
public discussion of the permit.
(7) The State Environmental Service may revoke the issued
permit, decide to refuse to issue a permit or to amend the
conditions of the issued permit if it is established that the
operator:
1) does not provide the information requested by the State
Environmental Service which is necessary for taking the decision
to issue a permit, to issue a permit or to amend the conditions
of the permit, upon commencing a new Category A or B activity or
making substantial changes in the existing Category A or B
activity;
2) has not commenced the polluting activity within three years
from the day of entering into effect of the Category A or B
permit.
(8) [12 April 2018]
(9) [12 April 2018]
(10) [12 April 2018]
[20 June 2002; 18 December 2003; 27 January 2005; 25
October 2007; 10 December 2009; 16 December 2010; 31 January
2013; 12 April 2018; 9 October 2025]
Section 28.1 Submission
for, Issuing, Amending and Revocation of a Greenhouse Gas
Emission Permit
[9 October 2025]
Section 28.2 State Fee
for a Category A or B Permit
A State fee shall be paid for the issuance of a permit for a
Category A or B polluting activity and the review thereof. The
amount of the fee and the procedures for payment thereof, as well
as reliefs shall be determined by the Cabinet.
[16 December 2010 / Section shall come into force on
1 March 2011. See Paragraph 32 of Transitional
Provisions]
Section 29. Permits for Continuation
of Existing Polluting Activities and for Initiation of New
Polluting Activities
(1) Existing Category A and Category B activities are the same
polluting activities for the performance of which a Category A or
Category B permit is required and the permits specified in other
laws and regulations in respect of pollution emission have been
obtained.
(2) [12 April 2018]
(3) [12 April 2018]
(4) [12 April 2018]
(5) [12 April 2018]
(6) If a Category A activity includes the use, production, or
emission of such hazardous chemical substances which may cause
soil and groundwater pollution in the territory of the
installation, the operator shall develop a baseline report and
submit it to the State Environmental Service together with the
submission for obtaining a permit for a Category A polluting
activity and the information summary referred to in Paragraph
2.1, Clause 1 of this Section appended thereto. The
baseline report, which is necessary for the performance of the
existing polluting activities, shall be submitted to the regional
environmental board before the polluting activity permit is
reviewed for the first time in accordance with Section 32,
Paragraph 3.2 of this Law. The State Environmental
Service shall use the information included in the baseline
report, bringing forward the conditions of the permit for the
operation of the installation or, if operation of the
installation is discontinued, for returning the territory of the
installation to the satisfactory state in accordance with Section
30 of this Law. The development of a baseline report shall not be
required for Category A activities for which the assessment of
soil and groundwater quality has been carried out during the
environmental impact assessment, if the submission for the
receipt of a permit for the performance thereof has been
submitted not more than three years after receipt of an opinion
on the environmental impact assessment.
(7) The Cabinet shall determine the procedures for the
development of a baseline report and the content thereof.
(8) If the information included in the baseline report points
to a level of pollution which causes risk to human health or the
environment, the State Environmental Service, upon reviewing a
permit for Category A activity, shall bring forward conditions to
the operator for performing of such measures which are necessary
in order to ensure returning the site of the installation to
satisfactory state. The State Environmental Service shall justify
the conditions with the requirements of the laws and regulations
regarding the quality standards of soil and ground, as well as
regarding the quality of groundwater.
[27 January 2005; 31 January 2013; 12 April 2018]
Section 30. Notification of Change
in Operation, Change of Installation Operator and Complete
Cessation of Installation Operation
(1) Before a change in operation an operator shall notify the
State Environmental Service thereof within the time period
stipulated by the Cabinet. The State Environmental Service shall
assess whether such change should be regarded as a substantial
change and whether it is necessary to make amendments to the
conditions of a permit, and inform the operator thereof. A change
in operation as a result of which the operational indicators of
the installation exceed the indicators specified in Annexes to
this Law is a substantial change.
(2) If an operator has introduced a change in operation due to
which the category of the polluting activity changes, the State
Environmental Service shall consider the matter on the issue of a
permit of another category or take a decision that henceforth a
permit for the relevant polluting activity shall not be
required.
(3) If there is a change of operator, the State Environmental
Service shall, on the basis of a submission by the operator,
correct the permit by writing therein data regarding the new
operator, without changing however the conditions of the
permit.
(4) Not later than 30 days prior to the complete cessation of
the operation of the installation, the operator shall submit to
the State Environmental Service a relevant submission, indicating
measures which will be performed for the arrangement of the site
of operation according to the conditions of the permit. Within 30
days after information has been received from the operator on the
arrangement of the site in appropriate condition, the State
Environmental Service shall revoke the Category A or B permit.
The State Environmental Service shall post the information on its
website on the measures performed by the operator and indicated
in the baseline report for the arrangement of the territory in
appropriate condition.
(5) In case if the operation of a Category A activity is
discontinued the operator shall ensure an assessment of the soil
and groundwater condition in relation to such hazardous chemical
substances which are used in production, have been produced in
the installation or released into the environment. Upon
submitting a submission to the State Environmental Board on
discontinuation of the operation of the installation, the
operator shall append an assessment of soil and groundwater
pollution in comparison to the information included in the
baseline report.
(6) If in comparison to the information included in the
baseline report the soil and groundwater pollution indicated in
the soil and groundwater assessment is substantial, as well as is
hazardous to human health and the environment, the State
Environmental Service shall bring forward conditions to the
operator for performing such measures which are necessary to
return to the initial state of soil and groundwater. The State
Environmental Service shall justify the conditions with the
requirements of the laws and regulations regarding the quality
standards of soil and ground, as well as regarding the quality of
groundwater.
(7) If the conditions of a permit do not provide for a
requirement to develop a baseline report, in case if the
operation of the installation is discontinued the operator shall
evaluate the potential soil and groundwater pollution and, where
appropriate, perform measures that are necessary for the
installation not to be hazardous to soil and groundwater
pollution.
[18 December 2003; 25 October 2007; 10 December 2009; 31
January 2013; 9 June 2016; 1 February 2018; 12 April 2018; 9
October 2025]
Section 31. Conditions of Category A
and B Permits
(1) A permit shall include conditions the conformity with
which is required to ensure the protection of human health and to
achieve high environmental quality at large - protection of air,
surface water, groundwater, soil, and subterranean depths, as
well as determine:
1) the emission limit values and limits for polluting
substances which are likely to be emitted from an installation in
conformity with the nature of the relevant substance and the
potential transfer of pollution from one environment to another
(water, air, soil), as well as other types of emission limits.
The emission levels related to the best available techniques
shall be included in the permit for Category A activities;
2) the requirements ensuring protection of soil and
groundwater against pollution, the conditions for the monitoring
of emissions generated by an installation, as well as the
methodology, frequency, and evaluation of monitoring measurements
in order to prove the conformity of operation of Category A
installation with the best available techniques;
3) the requirement for an operator to provide an annual report
and other necessary information regarding the fulfilment of the
conditions of the permit;
4) the requirements to be conformed to by an operator in order
to ensure the protection of human health and the environment, as
well as waste management, upon using natural resources and
energy, as well as upon using chemical substances and mixtures.
In order to prevent soil and groundwater pollution, the
requirements for installations the operation of which is related
to the use, production, or emission of hazardous chemical
substances, in relation to the safety control of operation of
installations shall be included in the conditions of the permit,
including the conditions for monitoring of chemical substances
used, produced, or utilised in the installation in accordance
with Section 45 of this Law;
5) measures related to conditions other than normal operating
conditions for the installation, including start-up (for example,
adjustment or testing of the operation of an installation or part
thereof after putting into service or after rebuilding thereof
according to the technical documentation of the installation),
likely leaks, malfunctions, momentary stoppages and cessation of
operations of an installation;
6) environmental quality targets in a particular territory or
the measures to be performed according to the river basin
district management plan and the time periods for implementation
thereof;
7) the requirements in relation to the energy performance of
an installation which an operator of the installations referred
to in Annex 2 to this Law need not apply in cases where it is not
otherwise possible to conform to the conditions specified in the
greenhouse gas emission permit;
71) the requirements in conformity with the
conditions brought forward in the opinion on the environmental
impact assessment for those polluting activities in respect of
which the environmental impact assessment has been carried out
and acceptance of the intended activity has been received;
8) other measures to be performed to ensure the fulfilment of
the requirements referred to in Chapter II of this Law.
(2) The conditions of a Category A permit, including emission
limit values or characteristics, shall be justified by the use of
the best available techniques. Upon specifying the conditions of
a permit:
1) the conclusions regarding the best available techniques
shall be used for the activities (installations) included in
Annex 1 to this Law, without determining the specific type of
technology to be used;
2) the technical characteristics, geographical location, and
environmental conditions of the relevant installation shall be
taken into account.
(3) The emission limits values of polluting substances in a
Category A permit shall be determined so that in normal operating
mode of the installation they would not exceed the emission level
related to the best available techniques. Upon determining the
emission limit values, the following considerations shall be
taken into account:
1) the emission limit values apply to the same or shorter
periods and the same conditions for the operation from which the
emission levels related to the best available techniques were
derived;
2) the emission limit values do not apply to the circumstances
indicated in Clause 1 of this Paragraph, but the operator proves
to the State Environmental Service by the results of the annual
emission monitoring that, upon operation of the installation in
normal operating mode, emission does not exceed the emission
levels related to the best available techniques.
(4) If the State Environmental Service includes conditions for
the operation of an installation in a Category A permit on the
basis of the best available techniques that have not been
included in the conclusions on the best available techniques, it
shall ensure that the principles referred to in Section 21,
Paragraph five of this Law are used for the determination of
techniques, as well as the conformity of emissions generated by
the installation with the limit values and target values. The
State Environmental Service shall conform to such condition also
in case if the conclusions on the best available techniques do
not apply to an activity performed in the installation or
production process or if the abovementioned conclusions do not
apply to the potential impact of the activity or process on the
environment. In such case the State Environmental Service, upon
determining the conditions for the permit, shall find out the
opinion of the operator, append it to the permit, and publish on
the website of the State Environmental Service as an appendix to
the permit.
(5) If the environmental quality standards specified in laws
and regulations provide for stricter conditions than it follows
from the requirement to use the best available techniques, the
Category A permit shall include other conditions to be conformed
to in order to achieve the relevant environmental quality
standards.
(6) The State Environmental Service may grant derogations from
the emission level related to the best available techniques for
Category A activities. Derogations shall be granted if an
operator, on the basis of the environment quality standard
specified in laws and regulations, as well as the geographical
location of the installation and the results of the research of
technical characteristics thereof, proves that application of the
abovementioned emission levels causes costs that are
incommensurately high in comparison to the threat to the
environment. Derogations shall be granted if an operator, on the
basis of the environment quality standard specified in laws and
regulations, as well as the geographical location of the
installation and the results of the research of technical
characteristics thereof, proves that application of the
abovementioned emission levels causes costs that are
incommensurately high in comparison to the threat to the
environment. The emission limit values applied as a result of
derogation shall not exceed the emission limit values generated
by installations, which have been specified in accordance with
the procedures referred to in Section 11, Paragraph two or
Section 24.2 of this Law.
(7) For installations which are used for the research,
development, or testing of new products or production processes,
the State Environmental Service shall determine a transitional
period in a Category A permit for derogations from the emission
limit values and the use of the best available techniques, as
well as measures restricting the occurrence of pollution for a
period of time that does not exceed nine months. After the
specified transitional period, the operator shall ensure that the
operation of such installations which are used for the research,
development, or testing of new products or production processes
conforms to the emission level related to the best available
techniques. The operation of the abovementioned installations
shall be discontinued if after the specified transitional period
the operator fails to ensure conformity with the specified
emission level.
(8) The State Environmental Service shall justify the
monitoring conditions of a Category A permit with the monitoring
conditions referred to in the conclusions on the best available
techniques.
(9) The conditions of a Category B permit shall be justified
by the characteristics, geographical location, and environmental
conditions of the relevant polluting activity. If the emission
limit generated by the installation does not have applicable
emission limits values, the Category B permit shall include
technical characteristics of the specific installation.
(10) A permit shall include conditions which provide for the
reduction of the transfer of pollution for long distances, as
well as transboundary transfer.
(11) If a polluting activity is performed or it is intended to
be performed on a polluted or potentially polluted site, the
State Environmental Service shall include the requirement for an
operator in the permit conditions to perform an investigation of
the polluted or potentially polluted site or remediation of the
polluted site. A decision to include an investigation or
remediation in the permit conditions shall be taken in accordance
with Chapter VII of this Law.
[31 January 2013; 12 April 2018]
Section 31.1 Greenhouse
Gas Emission Permit Conditions
[9 October 2025]
Section 32. Review and Renewal of
Category A and B Permits
(1) Category A and B permits shall be issued for the whole
period of operation of the relevant installation.
(11) If the State Environmental Service cannot
assess and anticipate, with sufficient precision, the impact of
polluting activity on human health or the environment at the time
of issue of the permit, upon issuing the permit, the State
Environmental Service may determine the time period for review
thereof which does not exceed three years.
(2) The State Environmental Service shall, in accordance with
the procedures stipulated by the Cabinet, review the permit
conditions and, if necessary, renew or supplement them.
(3) The matter regarding the issue of a permit or permit
conditions shall be reviewed in the following cases:
1) when information regarding the negative effects of
pollution on human health or the environment has been received,
the limit values of environmental quality requirements have been
exceeded, or amendments to the laws and regulations determining
the environmental quality requirements have been made;
2) the European Commission has issued new conclusions
regarding the best available techniques for the polluting
activities (installations) indicated in Annex 1 to this Law. The
conditions of the permit shall be reviewed within four years from
the day of issue of the conclusions of the European
Commission;
3) when according to an opinion of State institutions the use
of another technology is required in order to guarantee the
safety of the process;
31) in order to ensure the issuance of the permit
in accordance with the conditions referred to in Section 31,
Paragraph seven of this Law;
4) when it is determined by other laws and regulations;
5) prior to changes in the polluting activity;
6) if it is provided for in the conditions of the permit;
7) in the cases specified in Sections 50 and 51 of this
Law;
8) if the pollution created by the installation is so
substantial that it is necessary to review the conditions of the
permit or the emission limits specified therein, or to specify
new emission limits in the permit.
(31) The conditions in the permits in the cases
referred to in Paragraph three, Clauses 1-6 and 8 of this Section
and in Section 50, Paragraph three of this Law may be reviewed,
renewed or added to during the whole period of validity of the
permit.
(32) [12 April 2018]
(4) An operator shall lodge a submission for the receipt of a
new permit or for the implementation of substantial changes in
the polluting activity to the relevant regional environmental
board in the time periods and in accordance with the procedures
which are provided for in the laws and regulations determining
the issuance of permits for the performance of polluting
activity, or within one month after discovery of the
circumstances referred to in Paragraph three, Clauses 1-4 or
Clause 8 of this Section.
(5) [12 April 2018]
[18 December 2003; 27 January 2005; 25 October 2007; 7 May
2009; 10 December 2009; 31 January 2013; 12 April 2018]
Chapter
V.I
Emission Allowance Auction Instrument
[9 October 2025 / Chapter
shall be repealed concurrently with the coming into force of the
Economic Sustainability Law. See Paragraph 83 of
Transitional Provisions]
Section 32.1 Allowance
Allocation Plan and List of Installations
(1) The Ministry of Climate and Energy shall, taking into
account also the public opinion, develop and the Cabinet shall
approve a national emission allowances allocation plan
(hereinafter - the allocation plan) for each of the periods
specified in Section 24.1, Paragraph five, Clauses 1
and 2 of this Law. The allocation plan shall be drawn up in
conformity with European Union legislation.
(2) The allocation plan shall determine the total quantity of
the allowance to be issued to operators in the relevant period,
and a list of the installations that perform the polluting
activities referred to in Annex 2 to this Law, as well as the
planned allocation of allowances between the operators of the
installations shall be appended thereto.
(3) The allocation plan shall be developed, taking into
account the following basic provisions:
1) the total quantity of allowances allocated by the State to
operators in the relevant period shall be consistent with the
greenhouse gas emission reduction targets of Latvia specified by
the Kyoto Protocol to the United Nations Framework Convention on
Climate Change (hereinafter - the Convention);
2) the total quantity of the allowance shall be determined,
taking into account the actual and projected greenhouse gas
emissions from the installations referred to in Annex 2 to this
Law, as well as the greenhouse gas emissions to which the
conditions of this Law do not apply, taking into account also the
policy planning documents in the energy industry field;
3) conforms to the requirements of other laws and regulations
from which an increase in greenhouse gas emissions arise;
4) conforms to the provision that the number allowances
allocated to a relevant installation may not exceed the necessary
quantity thereof, taking into account the potential of the
installation (including technological potential) for the
reduction of greenhouse gas emissions;
5) the greenhouse gas emission per one as a result of
polluting activity produced production unit referred to in Annex
2 to this Law and the achievable progress in the reduction of
emissions may be used in the allocation of allowances as a
condition;
6) includes information regarding the method for calculating
allowances and the base (reference) years to be used in the
specification of emissions;
7) includes information regarding the procedures by which an
operator receives allowances for an installation for which larger
greenhouse gas emissions are planned in relation to changes in
activities, if such changes are implemented after submission of
the allocation plan to the European Commission, as well as for
new installations in relation to which a greenhouse gas emission
permit has been obtained after submission of the allocation plan
to the European Union and which are not included in the
allocation plan;
8) includes information regarding the already implemented
greenhouse gas emission reduction measures, also using the best
available techniques guidelines for Category A installations;
9) takes into account the impact of clean technologies, also
energy efficient technologies on greenhouse gas emissions;
10) includes information regarding the proposals expressed by
the public during the course of consultations of this plan, and
information regarding as to how the relevant proposals shall be
evaluated before a decision to allocate allowances is taken;
11) may include information regarding the observance of
competition in relation to such undertaking (companies) which are
not companies from the Member States if the European Union;
12) does not include norms which discriminate against
undertakings or sectors, as well as conditions which may be
acknowledged as State aid that does not conform to laws and
regulations;
13) determination of the quantity of the maximum emission
reduction unit and certified emission reduction unit which an
operator may use in the European Union allowance trade system, as
a percentage part of the quantity of allowance allocated to each
installation. The emission reduction units shall be allocated in
accordance with the Convention Kyoto Protocol. Certified emission
reduction units shall be allocated in accordance with Article 12
of the Convention Kyoto Protocol and decisions which are taken in
accordance with the Convention or the Convention Kyoto
Protocol.
This Clause relates to the allocation plan, which has been
developed for the period specified in Section 24.1,
Paragraph five, Clause 2 of this Law.
(4) After the Cabinet has approved the allocation plan, the
Ministry of Climate and Energy shall submit it for approval to
the European Commission.
(5) The Ministry of Climate and Energy shall develop and the
Cabinet shall approve a list of installations for the period
referred to in Section 24.1, Paragraph five, Clause 3
of this Law.
(51) The Ministry of Climate and Energy shall
develop and the Cabinet shall approve the list of installations
for each period referred to in Section 24.1, Paragraph
five, Clause 4 of this Law once every five years.
(6) The list of installations shall include stationary
technological installations performing the polluting activities
referred to in Annex 2 to this Law, as well as stationary
technological installations to which greenhouse gas emission
permits have been issued in accordance with the procedures
specified in Section 24.1, Paragraph three of this
Law. The annual distribution of free-of-charge emission
allowances among operators shall be determined in the list of
installations.
(7) The list of installations shall be developed in accordance
with legal acts of the European Union in the field of allocation
of allowances, as well as taking into account Cabinet regulations
regarding granting of free-of-charge allowances to generation of
electricity, if the Cabinet has taken the decision to support
allocation of free-of-charge allowances to generation of
electricity.
(8) In order to prepare the list of installations for the
period referred to in Section 24.1, Paragraph five,
Clause 3 of this Law, the operator shall, according to the
request of the Ministry of Climate and Energy, submit to the
State Environmental Service complete and verified information
which is necessary to calculate the free emission allowances for
the installation. Information shall be submitted regarding the
operation of the installation during the time period from 1
January 2005 to 31 December 2010. The State Environmental Service
shall take a decision to approve the submitted information.
(81) In order to prepare the list of installations
for each five-year period of the ten-year period referred to in
Section 24.1, Paragraph five, Clause 4 of this Law,
the operator shall, according to the request of the Ministry of
Climate and Energy, submit to the relevant State Environmental
Service complete and verified information and data which are
necessary to determine the amount of allocation of emission
allowances for the relevant installation. Operators shall submit
such information in respect of the first five year period of the
period of 10 years referred to in Section 24.1,
Paragraph five, Clause 4 of this Law which starts on 1 January
2021 for the period of time from 1 January 2014 until 31 December
2018. The State Environmental Service shall take a decision to
approve the submitted information. The abovementioned information
shall be verified and approved in conformity with the
requirements which are laid down in the legal acts of the
European Union in the field of allocation of emission allowances
and in the regulatory enactments regarding the participation of
stationary technological equipment in the European Union
Emissions Trading System.
(9) The information referred to in Paragraph eight of this
Section shall be examined and approved in conformity with the
requirements which have been laid down for examination and
approval of annual emission reports on greenhouse gas emissions
in the laws and regulations regarding the procedures by which
monitoring of greenhouse gas emissions shall be performed, as
well as annual emission reports on greenhouse gas emissions shall
be examined and approved.
(10) The State Environmental Service shall ensure the
submission of the approved information to the Ministry of Climate
and Energy.
(11) After the Cabinet has approved the list of installations,
the Ministry of Climate and Energy shall submit it to the
European Commission for approval.
[27 January 2005; 6 April 2006; 17 June 2010; 16 December
2010; 14 July 2011; 9 June 2016; 1 February 2018; 12 April 2018;
8 March 2023]
Section 32.2 Revenues
from Auctions of Emission Allowances and the Conditions for the
Use Thereof
(1) The Ministry of Climate and Energy, upon evaluating also
the public opinion and taking into account the list of
installations approved by the European Commission and amendments
thereto, shall, not more than within two months after approval of
the European Commission regarding the list of installations or
amendments thereto, take the decision to allocate allowances to
an operator who has obtained a greenhouse gas emission permit.
The Ministry of Climate and Energy shall take the decision to
allocate allowances to an aircraft operator. The decision of the
Ministry of Climate and Energy may be appealed in accordance with
the procedures laid down in the Administrative Procedure Law. The
appeal of the decision shall not suspend the operation
thereof.
(11) [9 October 2025]
(2) [9 October 2025]
(3) [9 October 2025]
(31) The financial resources obtained by auctioning
the emission allowances referred to in Section 32.27
of this Law (hereinafter - the auctioning revenue) shall be
transferred into the State basic budget account opened in the
Treasury according to the classification of revenue of the State
budget.
(32) Financing in the State basic budget for the
current year and in long-term liabilities for subsequent years
for the objectives referred to in Paragraph 4.4 of
this Section shall be provided for as a grant from general
revenue in a separate budget programme (sub-programme) of the
Ministry of Climate and Energy according to the amount of
auctioning revenue obtained in the preceding years and not
used.
(33) The Ministry of Climate and Energy shall be
the executor of the programme (sub-programme) referred to in
Paragraph 3.2 of this Section.
(4) [31 January 2013]
(41) [31 January 2013]
(42) [31 January 2013]
(43) [31 January 2013]
(44) Auctioning revenue shall be used for reduction
climate changes and provision of adaptation to climate changes,
including:
1) for reduction or restriction of greenhouse gas emissions in
energy, industry, transport, agriculture, forestry and waste
management sectors, as well as for the financing of such projects
and financial instruments the objective of which is:
a) to improve the energy performance of buildings of
technological installations and vehicles;
b) to expand the use of renewable energy resources;
c) to promote adaptation to climate changes on national and
regional scale, including for funding of such projects in which
implementation of pilot projects for reduction and prevention of
the negative impact of extreme weather conditions is
intended;
2) for increasing the possibilities of reduction or
restriction of greenhouse gas emission, as well the possibilities
of adapting to climate changes, also for financing of such
projects and financial instruments, the objective of which
is:
a) to develop environmental technologies which ensure the
increase of energy performance, the use of renewable energy
resources, the reduction of greenhouse gas emissions in
technological processes, or adaptation to climate changes;
b) to implement climate policy measures which are directed
towards reduction of greenhouse gas emissions and adaptation to
climate changes, as well as to prepare the necessary study,
planning and technical document for integration in different
sectors;
c) to implement educating measures which result in improving
the understanding and knowledge of the society regarding climate
changes and measures to be performed in order to reduce them and
to ensure adaptation to climate changes, and which promote
changes in habits of consumers, as well as promote the
development of low carbon economy in Latvia;
3) for the fulfilment of commitments of the Convention and the
Kyoto Protocol thereof, as well as other international
commitments in the field of reduction of greenhouse gas
emissions;
4) for the participation of Latvia in the European Union
Emissions Trading System, for the covering of administrative
costs of provision of the auctioning process of allowances, and
also for expenditures for ensuring the administrative activity of
the Ministry of Climate and Energy.
(45) When using auctioning revenue, the impact of
measures not only on the quantity of greenhouse gas emission, but
also on the quality of the environment at large, including
emission of other polluting substances, cross-border air
pollution, natural habitats, shall be taken into account.
(46) The use of auctioning revenue for the
objectives referred to in Paragraph 4.4, Clauses 1 and
2 of this Section shall be ensured by organising open tenders of
project applications. The Cabinet shall issue by-laws of open
tenders of project applications in which the criteria for
assessment of project applications, the procedures for the
submission, examination, and approval of project applications and
granting of financing, as well as the procedures for the
implementation of projects, submission and examination of reports
shall be determined. Auctioning revenue from the European Union
Emission Trading System may be continued to be granted for the
purposes referred to in Paragraph 4.4, Clauses 1 and 2
of this Section for five years after the end of the time period
of operation of the European Union Emissions Trading System.
(47) The Ministry of Climate and Energy shall
prepare and, commencing from 2013 and by 1 April of the current
year, submit an informative report to the Cabinet on the use of
auctioning revenue in the previous year, including information on
the financed measures, on the achieved reduction of greenhouse
gas emissions, on what achievements have been had when ensuring
adaptation to the climate change, and also on the improvement of
the environmental quality at large.
(48) The funds obtained from the auctioning of the
allowances referred to in Paragraph three of this Section may be
used for a one-off measure to reduce the costs of electricity
final customers for the electricity used and to compensate them
for the costs of the electricity system service.
(5) [9 October 2025]
(6) [9 October 2025]
(7) The Cabinet shall determine the procedures by which the
auctioning of greenhouse gas allowances allocated to Latvia shall
be ensured.
(8) [9 October 2025]
[27 January 2005; 6 April 2006; 25 October 2007; 10
December 2009; 17 June 2010; 16 December 2010; 14 July 2011; 31
January 2013; 9 June 2016; 1 February 2018; 10 December 2020; 22
December 2021; 8 March 2023; 9 October 2025]
Section 32.3 Activities
with Allowances
[9 October 2025]
Section 32.4 Register for
Kyoto Units and Allowances
[9 October 2025]
Section 32.5 Provision of
Surrender of Allowances
[9 October 2025]
Section 32.6 Advisory
Council of the Emission Allowance Auction Instrument
(1) The objective of operation of the Advisory Council
(hereinafter - the Advisory Council) of the Emission Allowance
Auction Instrument (hereinafter - the EAAI) is to promote
transparency of the utilisation of the EAAI funds and conformity
thereof with the objectives and requirements referred to in
Section 32.2, Paragraphs 4.4,
4.5, and 4.6 of this Law, as well as to
involve the representatives of the public in the supervision of
the management and implementation of the EAAI.
(2) In order to improve the efficiency of introduction of the
EAAI, the Advisory Council shall examine the financial and work
plan of the current year and provide proposals to the Ministry of
Climate and Energy.
(3) The Advisory Council shall also examine other issues
related to the management or implementation of the EAAI upon its
own initiative or that of the Ministry of Climate and Energy.
(4) The Chair of the Advisory Council shall be the Minister
for Climate and Energy or a representative appointed by the
Minister for Climate and Energy. The following persons shall be
included in the Advisory Council:
1) one representative from the Ministry of Climate and Energy,
the Ministry of Smart Administration and Regional Development,
the Ministry of Economics, the Ministry of Agriculture, the
Ministry of Transport, and the Ministry of Education and Science
each;
2) two representatives who are delegated by associations and
foundations which are operating in the sectors referred to in
Section 32.2, Paragraph 4.4 of this Law for
one year according to the rotation procedures;
3) two representatives of such associations or foundations
delegated by the Environmental Advisory Council the objective of
which is environmental protection according to the articles of
association.
(5) Members of the Advisory Council shall not receive
remuneration for the work in this Council.
(6) The personnel of the Advisory Council shall be approved by
the Minister for Climate and Energy. The functions of the
Secretariat of the Advisory Council shall be ensured by the
Ministry of Climate and Energy.
(7) The Cabinet shall approve the by-laws of the Advisory
Council.
[1 February 2018; 8 March 2023; 9 October 2025]
Section 32.7 Informing
the Public and Public Participation in the Allocation of
Allowances
[9 October 2025]
Section 32.8 Information
to the European Commission
[9 October 2025]
Chapter
V.2
Suspension of Installation Operation
[25 October 2007 /
Chapter shall come into force on 1 January 2008. See
Transitional Provisions]
Section 32.9 Conditions
for the Suspension of Installation Operation
(1) The operation of an installation shall be suspended if the
required permit for Category A or B polluting activity has not
been obtained or a submission for the performance of Category C
activity has not been submitted. This shall not be applicable to
cases where the Category A or B polluting activities permit or
the greenhouse gas emission permit has been revoked within the
scope of the dispute procedures.
(2) The operation of an installation shall be suspended if the
necessary permit or a submission regarding Category C activity
has been received, but:
1) due to the unlawful acts of the operator the installation
has caused or may cause environmental pollution which incurs or
may incur significant harm to the environment or human
health;
2) in operating the installation, repeatedly is violated
environmental protection laws and regulations or the
administrative acts of environment protection State institutions
are not implemented.
(3) It is prohibited to commence the operation of an
installation or it may be suspended if the responsible person of
the operator has not submitted a safety report or an industrial
accident prevention programme within a specified time period.
(4) It is prohibited to commence the operation of an
installation or it is suspended if the measures performed by the
responsible person of the operator for industrial accident risk
and the reduction of the seriousness of the consequences of
accidents have significant deficiencies.
(5) If the pollution is caused not by the whole installation,
but only one of its parts, only the operation of such part which
causes pollution or industrial accident risk shall be
suspended.
(51) If violation of the conditions of a permit or
requirements of the laws and regulations of environmental
protection causes direct threat to human health or may cause
irreversible harm to the environment, the board shall suspend the
operation on an installation or part thereof until the time when
renewal of operation of the installation is permissible in
accordance with Section 32.11 of this Law.
(52) If failing to conform to the requirements of
Section 24.2, Paragraph three or five of this Law is
established in accordance with the procedures of Section 49,
Paragraph five of this Law and it causes direct threat to human
health or may cause irreversible harm to the environment, the
board shall suspend the operation on an installation or a part
thereof until the time when renewal of operation of the
installation is permissible in accordance with Section
32.11 of this Law.
(6) The operation of an installation or the parts thereof
shall not be suspended if the suspension may cause the
environment, human health or animal welfare greater harm than the
pollution caused by the installation. After receipt of the
opinion of the Health Inspectorate or the Food and Veterinary
Service, the State Environmental Service shall take a written
decision. The decision shall determine binding restrictive
conditions on the operator in relation to the continued operation
of the installation.
[10 December 2009; 31 January 2013; 1 February 2018; 12
April 2018; 9 October 2025]
Section 32.10 Procedures
for the Suspension of Installation Operation
(1) Before suspending operation of an installation the
general-director of the State Environmental Service shall issue a
warning regarding suspending operation of an installation if the
violations referred to in the warning are not rectified. The
warning is not disputable and cannot be appealed.
(2) The warning shall indicate the violations committed by the
operator and other circumstances which may be the basis for the
suspension of operation of the installation, and shall determine
a time period from three days up to three months for
rectification of the violations referred to in the warning. If
the operator, within one month, develops and submits for
acceptance by the State Environmental Service a plan of measures
for rectification of the violations, the official of the State
Environmental Service who issued the warning shall extend the
time period for rectification of the violations up to nine months
if only it is not possible to rectify the violations sooner and
the pollution does not cause significant harm or risk to the
environment or human health.
(3) If within the time period specified in the warning, the
violations are not rectified or the measures specified in the
plan of measures are not performed, the general-director of the
State Environmental Service shall take a decision to suspend
operation of the installation.
(4) If the operator commences or performs operation without
the necessary permit for Category A or B polluting activities or
has not submitted a submission for the performance of Category C
activity, the decision to suspend the operation of the
installation shall be taken without warning the operator in
advance.
(5) The decision to suspend operation of the installation
shall enter into effect and shall implemented without delay. The
decision may be contested to the State Environmental Service in
accordance with the procedures laid down in Section 50, Paragraph
ten of this Law. The decision of the State Environmental Service
may be appealed in court. The appeal of the decision shall not
suspend the operation thereof.
(6) The suspension of operation of the installation shall be
ensured by the operator of the installation so that its
suspension shall cause as little harm to the environment as
possible. The general-director of the State Environmental Service
has the right to instruct the operator to seal or restrict access
to technological devices or premises which lead to the devices
for the operation of the installation in order to ensure that the
decision to suspend operation of the installation is implemented.
Access to the technological devices or the abovementioned
premises shall be sealed or access restricted by the operator in
the presence of a representative of the environmental protection
authority which had expressed the warning regarding the
suspension of operation of the installation.
[12 April 2018; 9 October 2025]
Section 32.11 Renewal of
Installation Operation
(1) An operator shall submit to the State Environmental
Service a submission indicating that the violations indicated in
the decision to suspend operation of the installation have been
rectified and the tasks imposed have been fulfilled. Documents
which certify the facts referred to therein shall be appended to
the submission.
(2) The State Environmental Service shall, within five working
days, examine the rectification of the violations indicated in
the decision to suspend operation of the installation and the
fulfilment of the tasks imposed. The general-director of the
State Environmental Service shall take a decision on full or
partial renewal of the operation of the installation or a refusal
to renew the operation of the installation. The decision of the
general-director of the State Environmental Service may be
contested to the State Environmental Service in accordance with
the procedures laid down in Section 50, Paragraph ten of this
Law. The decision of the State Environmental Service may be
appealed in court. The appeal of the decision shall not suspend
the operation thereof.
[9 October 2025]
Chapter
V.3
Modernisation Fund
[14 July 2022 / Chapter
shall be repealed concurrently with the coming into force of the
Economic Sustainability Law. See Paragraph 83 of
Transitional Provisions]
Section 32.12 Framework
and Financing of the Modernisation Fund
(1) The Ministry of Climate and Energy shall, by 31 December
2030 each year, submit investment proposals in accordance with
the multiannual operational programme of the Modernisation Fund
referred to in Paragraph five of this Section and the calls for
project applications referred to in Section 32.13,
Paragraph four of this Law to the European Investment Bank and
the Investment Committee established under the Modernisation Fund
in order to receive the financing of the Modernisation Fund
available to Latvia and held by the European Investment Bank in
accordance with the period of operation of the Modernisation
Fund.
(2) After the European Commission has taken the decision to
disburse financing, the financing of the Modernisation Fund shall
be transferred into the State basic budget revenue account opened
in the Treasury according to the classification of the State
budget revenue.
(3) Financing in the State basic budget for the current year
and in long-term liabilities for subsequent years for the
directions of use referred to in Section 32.13,
Paragraph one of this Law shall be provided for as a grant from
general revenue in a separate budget programme (sub-programme) of
the Ministry of Climate and Energy according to the conditions
for the implementation of projects, the procedures for the
approval thereof, and the schedules for the implementation,
without exceeding the maximum amount of the financing of the
Modernisation Fund received.
(4) The Ministry of Climate and Energy shall be the executor
of the programme (sub-programme) referred to in Paragraph three
of this Section.
(5) The Cabinet shall issue the rules of procedure for the
operation of the Modernisation Fund and approve the multiannual
operational programme of the Modernisation Fund. State
administration tasks arising from the investment functions of
financing of the Modernisation Fund shall be delegated to a
private individual or public entity.
(6) When performing the delegated tasks, the private
individual or public entity specified in laws and regulations
issued in accordance with Paragraph five of this Section shall be
subordinated to the Ministry of Climate and Energy.
[14 July 2022; 8 March 2023]
Section 32.13 Use of the
Financing of the Modernisation Fund
(1) In order to provide an additional contribution to Latvia
in paving the way towards climate neutrality, the financing of
the Modernisation Fund shall be used to implement the measures
for the reduction of greenhouse gas emissions, including at least
70 per cent of the total financing from the Modernisation Fund
available to Latvia shall be used to support investments:
1) in generation of electricity from renewable energy
resources and use of such electricity;
2) in improvement of energy performance (except for measures
for the improvement of energy efficiency related to the
generation of energy from solid fossil energy resources),
including in the fields of transport, agriculture, waste
management and in the sector of buildings;
3) in energy storage, including in the purchase and
installation of electricity storage facilities;
4) in modernisation of centralised heating supply networks and
also modernisation of electricity transmission and distribution
networks, including introduction of smart solutions;
5) in expanding, modernising of interconnections of
electricity transmission networks between the Member States of
the European Union or increasing the capacity thereof;
6) in measures related to the relocation, retraining,
improving qualification, and education of employees, job search
initiatives, and start-up companies within the framework of a
just transition to a climate-neutral economy.
(2) Financing of the Modernisation Fund shall not be granted
to combustion plants using solid fossil energy resources.
(3) Prior to granting financing for the measures referred to
in Paragraph one of this Section, the Ministry of Climate and
Energy shall coordinate it with the Investment Committee and the
European Investment Bank.
(4) The use of the financing of the Modernisation Fund shall
be ensured by organising calls for project applications. The
Cabinet shall issue by-laws of calls for project applications
determining therein the criteria for the assessment of project
applications, the conditions for granting aid for commercial
activity, the procedures for the submission, examination, and
approval of project applications and for the granting of
financing, the procedures for the implementation of projects, and
also the procedures for the submission and examination of
reports.
[14 July 2022; 8 March 2023]
Section 32.14 Reporting
Procedures Related to the Modernisation Fund
(1) The Ministry of Climate and Energy shall, each year in
accordance with Article 3 of Commission Implementing Regulation
(EU) 2020/1001 of 9 July 2020 laying down detailed rules for the
application of Directive 2003/87/EC of the European Parliament
and of the Council as regards the operation of the Modernisation
Fund supporting investments to modernise the energy systems and
to improve energy efficiency of certain Member States
(hereinafter - Regulation No 2020/1001), prepare and submit, by
30 November, an overview of investments to the European
Investment Bank and the Investment Committee.
(2) The Ministry of Climate and Energy shall, every year in
co-operation with the private individual or public entity
referred to in Section 32.12, Paragraph six of this
Law (if applicable), prepare and submit, by 31 March, the
informative report to the Cabinet on the use of the Modernisation
Fund financing in the previous year, including information on the
measures financed and the greenhouse gas emission reductions
achieved.
(3) The Ministry of Climate and Energy shall, each year in
accordance with Article 13 of and Annex 2 to Regulation No
2020/1001, prepare and submit, by 30 April, an annual report to
the European Commission on the activities of the Modernisation
Fund in the previous year.
[14 July 2022; 8 March 2023]
Chapter
V.4
European Union Emissions Trading System
[9 October 2025]
Section 32.15 Conditions
for Carrying Out the Activities of the European Union Emissions
Trading System
The operator, aircraft operator, and shipping company that
carries out the activities referred to in Parts I, II, and III of
Annex 2 to this Law, or the fuel and heating fuel operator that
releases fuel and heating fuel for consumption for the activities
referred to in Part IV, Paragraph 1 of Annex 2 to this Law shall
meet the following requirements:
1) implement measures for the reduction of greenhouse gas
emissions;
2) supervise and control the activity data and the generated
amount of greenhouse gases by performing monitoring in accordance
with the conditions of Sections 32.17,
32.21, and 32.23 of this Law;
3) comply with the compulsory requirement to surrender the
emission allowances;
4) use the financial resources from transactions involving
free emission allowances allocated thereto, where such allowances
are received, solely in accordance with the conditions of Section
32.28 of this Law;
5) provide the information specified in this Law and the laws
and regulations adopted pursuant thereto, including information
on greenhouse gas emissions, to the authorities administering the
European Union Emissions Trading System in Latvia.
[9 October 2025]
Section 32.16 Activities
of Operators in the European Union Emissions Trading System
(1) For an installation in which one or several activities
referred to in Part I of Annex 2 to this Law are carried out, the
operator shall obtain the greenhouse gas emission permit
specified in Section 32.18 of this Law.
(2) If the operator has not been issued a corresponding
greenhouse gas emission permit, it shall not commence or continue
the activities referred to in Part I of Annex 2 to this Law.
(3) The limit values specified in Part I of Annex 2 to this
Law shall apply to production capacity or output. The operator
that carries out several of the activities referred to in Part I
of Annex 2 to this Law in the same installation shall add
together the capacities of such activities.
(4) If the production capacity limit values for the activities
referred to in Part I of Annex 2 to this Law are exceeded in an
installation, the greenhouse gas emission permit shall, in
accordance with the conditions of Part I of Annex 2 to this Law,
include all technical units in which heating fuel is combusted,
other than technical units for the incineration of hazardous or
municipal waste.
(5) If a technical unit serves an activity for which the limit
value is not expressed as total rated thermal input, the limit
value of this activity shall take precedence for the decision on
the inclusion in the installation in the European Union Emissions
Trading System.
(6) Installations or parts of installations used for research,
development, or testing of new products or production processes
shall not be included in the European Union Emissions Trading
System.
(7) If, due to changes made in the production processes to
reduce the greenhouse gas emissions, the total rated thermal
input of the technical units of a heating fuel combustion
installation covered by the European Union Emissions Trading
System no longer reaches 20 megawatts, the operator of the
relevant installation may decide that the installation is to
remain within the scope of the European Union Emissions Trading
System until the end of the five-year cycle of the current period
referred to in Section 32.18, Paragraph four of this
Law, or until the end of the next five-year cycle.
(8) The Ministry of Climate and Energy shall notify the
European Commission of any changes to the list developed in
accordance with Section 32.24, Paragraph one of this
Law.
(9) If the operator carries out an activity without the
permission specified in Paragraph one of this Section, the State
Environmental Service shall take the decision to suspend that
activity.
[9 October 2025]
Section 32.17 Activities
of Fuel and Heating Fuel Operators in the European Union
Emissions Trading System for Buildings, Road Transport, and
Additional Sectors
(1) A fuel and heating fuel operator that carries out one or
several of the activities referred to in Part IV, Paragraph 1 of
Annex 2 to this Law and releases fuel or heating fuel for
consumption for one or several of the activities referred to in
Part IV, Paragraph 1 of Annex 2 to this Law shall obtain the
greenhouse gas emission permit at the State Environmental
Service.
(2) A fuel and heating fuel operator that has not obtained the
permit referred to in Paragraph one of this Section shall not
commence or continue the release of fuel and heating fuel for
consumption for the activities referred to in Part IV, Paragraph
1 of Annex 2 to this Law.
(3) The fuel and heating fuel operator has the obligation to
regularly control the amount of greenhouse gas emissions, to
ensure continuous participation in the European Union Emissions
Trading System, and also the monitoring of greenhouse gas
emissions resulting from its activities, and to provide
information to the issuer of the permit and the competent
authorities.
(4) In order to commence or continue an activity covered by
the European Union Emissions Trading System for buildings, road
transport, and additional sectors, the fuel and heating fuel
operator shall prepare a plan for monitoring greenhouse gas
emissions it has generated and submit it to the State
Environmental Service for approval.
(5) The greenhouse gas emissions data and the monitoring plan
shall be available to the issuer of the greenhouse gas emission
permit, the competent authorities, and the public.
(6) The fuel and heating fuel operator shall, by 31 May each
year, surrender an amount of emission allowances which is equal
to the total emissions of the fuel and heating fuel operator,
corresponding to the quantities of fuel and heating fuel released
for consumption during the preceding calendar year, and which
corresponds to the activity referred to in Part IV, Paragraph 1
of Annex 2 to this Law.
(7) The fuel and heating fuel operator shall, by 15 April each
year, prepare the annual emission report on the activities
carried out in the European Union Emissions Trading System for
buildings, road transport, and additional sectors and the amount
of greenhouse gas emissions resulting from those activities
during the preceding calendar year, and also ensure the
verification of that report.
(8) The fuel and heating fuel operator shall, by 15 April each
year, submit the verified reports referred to in Paragraph seven
of this Section and the verifier's report to the State
Environmental Service for assessment and for approval or
rejection of the reports.
(9) The fuel and heating fuel operator for which the report
referred to in Paragraph seven of this Section has not been
approved or has been found non-compliant by 30 April of the
relevant year is prohibited from conducting transactions
involving emission allowances. These transactions shall be
conducted following approval of that report.
(10) The State Environmental Service shall verify and approve
or reject the report referred to in Paragraph seven of this
Section.
(11) [Paragraph shall come into force on 1 January 2028 and
shall be included in the wording of the Law as of 1 January
2028. / Paragraph shall be repealed on 1 January 2031.
See Paragraph 74 of Transitional Provisions]
(12) Section 32.19, Section 32.27,
Paragraphs one, two, three, and six, Sections 32.29,
32.30, and 32.31, Section 32.33,
Paragraphs one, three, and four, and Section 32.34 of
this Law shall apply to the European Union Emissions Trading
System for buildings, road transport, and additional sectors.
(13) The Cabinet shall determine the following:
1) the procedures for issuing, amending, and revoking the
greenhouse gas emission permit for carrying out an activity
covered by the European Union Emissions Trading System for
buildings, road transport, and additional sectors;
2) the conditions for monitoring and reporting on the
quantities of fuel and heating fuel released for consumption;
3) the conditions for monitoring, reporting, and verification
in cases where the fuel and heating fuel operator releases fuel
or heating fuel for consumption for the activities referred to in
Parts I and II of Annex 2 to this Law or where fuel or heating
fuel is released for consumption for activities other than those
included in Part IV, Paragraph 1 of Annex 2 to this Law;
4) the conditions for the calculation and disbursement of
compensation in the cases of consumption referred to in Clause 3
of this Paragraph following verification thereof;
5) the procedures for assessing the compliance of potential
fuel and heating fuel operators with Section 1, Paragraph one,
Clause 30 of this Law and the requirements of this Section;
6) information to be included in the submission for obtaining
the greenhouse gas emission permit and in the permit itself.
(14) The obligations of fuel and heating fuel operators in the
European Union Emissions Trading System for buildings, road
transport, and additional sectors shall apply to fuel and heating
fuel referred to in Section 1, Paragraph one, Clause 31 and
Paragraph two of this Law, except for peat, and also other energy
products referred to in Annex to the law On Excise Duties which
are combusted when carrying out the activities referred to in
Part IV, Paragraph 1 of Annex 2 to this Law.
(15) The requirements included in this Section shall not apply
to merchants that release for consumption solely sustainable
renewable fuel and heating fuel for which the carbon dioxide
emission factor is zero.
(16) If the fuel and heating fuel operator releases fuel and
heating fuel for carrying out one or several of the activities
referred to in Part IV, Paragraph 1 of Annex 2 to this Law
without the permission referred to in Paragraph one of this
Section, the State Environmental Service shall take the decision
requiring the fuel and heating fuel operator to suspend those
activities.
[9 October 2025 / Paragraph six shall not be applied
until 31 December 2027. See Paragraphs 72, 73 and 74 of
Transitional Provisions]
Section 32.18 Issuance,
Amendment, and Revocation of a Greenhouse Gas Emission Permit
(1) When carrying out the activities of the European Union
Emission Trading System, the operator shall meet the monitoring
conditions and requirements specified in the greenhouse gas
emission permit.
(2) The greenhouse gas emission permit for the operation of
the installation shall be issued, amended, and revoked by the
State Environmental Service.
(3) The operator shall inform the State Environmental Service
of any planned changes ib the nature or operation of the
installation, or any extension or reduction of its capacity,
which may require amendments to the greenhouse gas emission
permit issued to the operator.
(4) The greenhouse gas emission permit shall be issued to the
operator for each period of the European Union Emission Trading
System:
1) the fourth period - from 1 January 2021 to 31 December
2030;
2) the fifth and subsequent periods - 10 calendar years
starting from 1 January 2031.
(5) During the first five-year phase of the period specified
in Paragraph four, Clause 1 of this Section, the greenhouse gas
emission permit may also be obtained for activities the limit
values of which do not exceed the limit values for the activities
referred to in Part I of Annex 2 to this Law.
(6) The State Environmental Service shall align the conditions
of the greenhouse gas emission permit with those of the permit
for Category A or B polluting activities issued in accordance
with the procedures laid down in the corresponding laws and
regulations governing polluting activities.
(7) The Cabinet shall determine the following:
1) the procedures for issuing, amending, and revoking the
greenhouse gas emission permit for carrying out the activities of
the European Union Emissions Trading System;
2) information to be included in the submission for obtaining
the greenhouse gas emission permit and in the greenhouse gas
emission permit itself;
3) the procedures for assessing the eligibility of potential
operators for obtaining the permit in accordance with Section
32.16, Paragraph one of this Law and the requirements
outlined in this Section.
[9 October 2025]
Section 32.19 State Fee
for the Greenhouse Gas Emission Permit
(1) A State fee shall be paid for issuing and amending the
greenhouse gas emission permit.
(2) The Cabinet shall determine the procedures for paying the
State fee, the amount of the State fee, and the cases in which it
shall not be refunded.
[9 October 2025]
Section 32.20 Activities
of Aircraft Operators in the European Union Emissions Trading
System
(1) The European Union Emissions Trading System shall include
aircraft operator flights to and from aerodromes located in the
territory of a Member State of the European Union Emissions
Trading System and specified in Part II of Annex 2 to this
Law.
(2) Latvia shall be the administering Member State of an
aircraft operator if:
1) the aircraft operator holds a valid operating licence
issued in Latvia in accordance with Regulation (EC) No 1008/2008
of the European Parliament and of the Council of 24 September
2008 on common rules for the operation of air services in the
Community;
2) the aircraft operator holds a valid operating licence
issued in a country other than a Member State of the European
Union Emissions Trading System, and Latvia is the Member State
with the greatest estimated attributed aviation emissions from
flights performed by that aircraft operator in the base year (the
calendar year starting on 1 January 2006 or the first calendar
year of operation for aircraft operators that started the
aviation activity after 1 January 2006).
[9 October 2025 / See Paragraph 38 of Transitional
Provisions]
Section 32.21 Monitoring
and Reporting Performed by Operators and Aircraft Operators
(1) The operator and the aircraft operator have the obligation
to regularly control the amount of greenhouse gas emissions, to
ensure continuous participation in the European Union Emissions
Trading System and the monitoring of greenhouse gas emissions
resulting from its activities, and to provide information to the
competent authorities.
(2) In order to commence or continue an activity covered by
the European Union Emissions Trading System, the operator or
aircraft operator shall prepare a plan for monitoring the
European Union Emissions Trading System activities and the
resulting greenhouse gas emissions. The operator shall submit
this plan for approval to the State Environmental Service, but
the aircraft operator - to valsts aģentūra "Civilās aviācijas
aģentūra" [State agency Civil Aviation Agency] (hereinafter -
the Civil Aviation Agency).
(3) The monitoring of flights performed by the aircraft
operator shall include non-CO2 effects of
aviation.
(4) If the plan for monitoring the greenhouse gas emissions
prepared by the aircraft operator has not been approved, the
aircraft operator shall not commence or continue the European
Union Emissions Trading System activities.
(5) The monitoring plan and the annual emission report shall
be available to the issuer of the greenhouse gas emission permit,
control authorities, the relevant local government, and the
public.
(6) The operator and the aircraft operator shall, by 15 March
each year, prepare and ensure the verification of the following
reports:
1) the annual emission report on the performed European Union
Emissions Trading System activities and the resulting amount of
greenhouse gas emissions in the preceding calendar year;
2) the report on the implemented measures for the reduction of
greenhouse gas emissions and the use of financial resources from
transactions involving free emission allowances allocated
thereto.
(7) The operator shall, by 15 March each year, prepare the
annual activity level report on activity data of the installation
in the preceding year, taking into account the monitoring plan
referred to in Paragraph two of this Section and the results of
the annual data monitoring.
(8) The verified reports referred to in Paragraph six and,
where applicable, Paragraph seven of this Section and the
verifier's reports shall, by 15 March each year, be submitted for
evaluation and approval or rejection:
1) to the State Environmental Service by the operator;
2) to the Civil Aviation Agency by the aircraft operator.
(9) The operator or aircraft operator whose report referred to
in Paragraph six and, where applicable, Paragraph seven of this
Section has not been approved by 31 March of the relevant year or
has been rejected is prohibited from conducting transactions
involving emission allowances until the report is approved.
(10) The Cabinet shall determine the procedures, by which:
1) the operator monitors the greenhouse gas emissions
resulting from the European Union Emissions Trading System
activities, and also prepares and, in accordance with the
procedures for exchanging information within the European Union
Emissions Trading System, submits a verified annual emission and
activity level report on the implemented measures for the
reduction of greenhouse gas emissions and the use of financial
resources from transactions involving free emission allowances
allocated thereto;
2) the State Environmental Service reviews and approves the
reports referred to in Clause 1 of this Paragraph;
3) the aircraft operator monitors the greenhouse gas emissions
resulting from the European Union Emissions Trading System
activities, develops the emission monitoring plan, prepares and,
in accordance with the procedures for exchanging information
within the European Union Emissions Trading System, submits a
verified annual emission report, provides information on the
implemented measures for the reduction of greenhouse gas
emissions and the use of financial resources from transactions
involving free emission allowances allocated thereto, and also
receives free emission allowances resulting from the use of
eligible aviation fuel;
4) the aircraft operator provides the Civil Aviation Agency
with information on the performed monitoring referred to in
Clause 3 of this Paragraph and Paragraph three of this
Section;
5) the Civil Aviation Agency reviews and approves the reports
and information referred to in Clauses 3 and 4 of this
Paragraph;
6) the verifiers ensure the verification of the reports
referred to in Paragraphs six and seven of this Section, and the
procedures for evaluating the eligibility of the verifier for
performing verification.
(11) If the operator or aircraft operator carries out an
activity in the European Union Emissions Trading System but has
not fulfilled the obligations specified in Paragraph two of this
Section, the State Environmental Service shall, in respect of the
operator, and the Civil Aviation Agency shall, in respect of the
aircraft operator, take the decision to suspend the
abovementioned activity.
[9 October 2025 / See Paragraph 38 of Transitional
Provisions]
Section 32.22 European
Union Emissions Trading System Activities in the Field of
Maritime Transport
(1) The European Union Emissions Trading System shall be
applied to the activities and greenhouse gases referred to in
Part III of Annex 2 to this Law.
(2) The European Union Emissions Trading System, the
allocation of allowances, and the application of surrender
requirements in respect of maritime transport activities shall
apply in respect of:
1) 50 per cent of the emissions from ships departing from a
port of call under the jurisdiction of a Member State of the
European Union Emissions Trading System and arriving at a port of
call outside the jurisdiction of a Member State of the European
Union Emissions Trading System;
2) 50 per cent of the emissions from ships departing from a
port of call outside the jurisdiction of a Member State of the
European Union Emissions Trading System and arriving at a port of
call under the jurisdiction of a Member State of the European
Union Emissions Trading System;
3) 100 per cent of emissions from ships departing from a port
of call under the jurisdiction of a Member State of the European
Union Emissions Trading System and arriving at a port of call
under the jurisdiction of a Member State of the European Union
Emissions Trading System;
4) 100 per cent of emissions from ships within a port of call
under the jurisdiction of a Member State of the European Union
Emissions Trading System.
(3) Latvia shall be the administering Member State of a
shipping company if:
1) the shipping company is registered in Latvia;
2) the shipping company is not registered in Latvia but its
ships account for the greatest number of port calls in Latvia
from voyages performed in the past four years and corresponding
to the voyages referred to in Paragraph two of this Section;
3) the shipping company is not registered in a European Union
Member State, and its ships did not carry out any voyage falling
within the scope set out in Paragraph one of this Section in the
preceding four monitoring years, and the ship of the shipping
company has started or ended in Latvia its first voyage falling
within the scope referred to in Paragraph one of this
Section;
4) the shipping company has been included in the Commission
Implementing Decision on the list of shipping companies
specifying the administering Member States of the shipping
companies.
(4) If the ultimate responsibility for the purchase of the
fuel or the operation of the ship, or both, is assumed by an
entity other than the shipping company according to a contractual
arrangement, the shipping company is entitled to reimbursement
from that entity for the costs arising from the surrender of
allowances.
(5) The Cabinet shall determine the amount of emission
allowances to be surrendered and the derogations from the
surrender obligation of shipping companies in accordance with
Section 32.27, Paragraph four of this Law.
[9 October 2025]
Section 32.23 Monitoring
and Reporting of Greenhouse Gas Emissions from Maritime
Transport
(1) A shipping company has the obligation to regularly control
the amount of greenhouse gas emissions, while a shipping company
that is subject to Section 32.22, Paragraph one of
this Law additionally has the obligation to ensure continuous
participation in the European Union Emissions Trading System and
the monitoring of greenhouse gas emissions resulting from its
activities, and also provide information to the competent
authorities.
(2) The shipping company shall submit the documents and
information to the State Environmental Service in accordance with
Article 6(6) and (7), Article 7(4), Article 11(1)(2), Article
11(2), and Article 11a(2) of Regulation No 2015/757.
(3) The State Environmental Service shall approve the
monitoring plan submitted by the shipping company or the
modifications thereof in accordance with the procedures laid down
in Regulation No 2015/757.
(4) The verifier shall, in accordance with Article 17(4) of
Regulation No 2015/757, inform the State Environmental Service
and valsts sabiedrība ar ierobežotu atbildību "Latvijas Jūras
administrācija" [State limited liability company Latvian
Maritime Administration] of the issuance of a document of
compliance.
(5) The Ministry of Climate and Energy, the State limited
liability company Latvian Maritime Administration, and the State
Environmental Service shall, within the scope of their
competence, supervise and control the compliance with the
requirements laid down for the shipping company in Regulation No
2015/757.
(6) The Cabinet shall provide for the conditions and
procedures by which it approves aggregated emissions data at the
shipping company level which are submitted to the State
Environmental Service in accordance with Paragraph two of this
Section.
[9 October 2025]
Section 32.24 List of
Installations Covered by the European Union Emissions Trading
System for the Free Allocation of Emission Allowances
(1) The Ministry of Climate and Energy shall develop a list of
installations covered by the European Union Emissions Trading
System for each five-year cycle of the ten-year period of the
European Union Emissions Trading System referred to in Section
32.18, Paragraph four of this Law. The list of
installations covered by the European Union Emissions Trading
System shall be approved by the Cabinet after agreement with the
European Commission.
(2) The list of installations shall include installations for
which a greenhouse gas emission permit has been issued. The list
of installations shall include information on the activities of
installations, the transfer of heat and gasses, electricity
production, and greenhouse gas emissions at the sub-installation
level for five consecutive calendar years preceding the
submission of the list of installations to the European
Commission. The annual free allocation of emission allowances to
the operators shall be determined in the list of
installations.
(3) The list of installations shall be developed in accordance
with Commission Delegated Regulation (EU) 2019/331 of 19 December
2018 determining transitional Union-wide rules for harmonised
free allocation of emission allowances pursuant to Article 10a of
Directive 2003/87/EC of the European Parliament and of the
Council.
(4) In order to prepare the list of installations for each
five-year cycle of the ten-year period referred to in Section
32.18, Paragraph four of this Law, the operator shall,
in accordance with the request of the Ministry of Climate and
Energy and the directly applicable European Union legal acts
governing the allocation of emission allowances, submit to the
State Environmental Service complete and verified information and
data which are necessary to determine the amount of free
allocation of emission allowances to the relevant
installation.
(5) The State Environmental Service shall take the decision to
approve the submitted information referred to in Paragraph four
of this Section.
(6) The State Environmental Service shall submit the approved
information to the Ministry of Climate and Energy.
(7) The Ministry of Climate and Energy shall, every five
years, submit to the European Commission the list of
installations covered by the European Union Emissions Trading
System which has been approved by the Cabinet.
(8) The Cabinet shall determine the procedures, by which:
1) the operators prepare and submit information for the
development of the list of installations;
2) the operators whose have the obligation to conduct the
initial or regular energy audit of the company or to implement a
certified or re-certified energy management system or an enhanced
environmental management system submit information on the
implementation of recommendations for energy-efficiency
improvement;
3) the operators submit a climate-neutrality plan for the
activities of an installation;
4) free emission allowances are to be allocated to the
installations in sectors and subsectors, insofar as they are
covered by measures aimed at preventing carbon leakage, in
accordance with Regulation (EU) 2023/956 of the European
Parliament and of the Council of 10 May 2023 establishing a
carbon border adjustment mechanism (hereinafter - Regulation No
2023/956);
5) the list of installations shall be developed, the amount of
free emission allowances to be allocated to the operator shall be
calculated, and the allocation and return of those free emission
allowances shall be ensured;
6) the amount of free emission allowances to be allocated to
the aircraft operator shall be calculated, and the allocation and
return of those free emission allowances shall be ensured;
7) the list of installations covered by the European Union
Emissions Trading System shall be approved for each five-year
cycle of the ten-year period of the European Union Emissions
Trading System referred to in Section 32.18, Paragraph
four of this Law;
8) the Ministry of Climate and Energy takes the decision to
revoke the free allocation of emission allowances to the operator
and exclude the installation from the European Union Emissions
Trading System;
9) exchange of information within the European Union Emissions
Trading System takes place, i.e. submissions for the free
allocation of emission allowances are submitted and information
is submitted to the European Commission.
[9 October 2025]
Section 32.25 Aviation
Allocation Table and Free Allocation of Aviation Emission
Allowances
(1) Each aircraft operator whose administering Member State is
Latvia and who performs the flights referred to in Section
32.20, Paragraph two of this Section may apply for the
free allocation of emission allowances.
(2) The Ministry of Climate and Energy shall, after assessing
public opinion and taking into account the decision adopted by
the European Commission and any amendments thereto regarding the
total number of allowances to be allocated to aircraft operators,
and not later than within three months after the European
Commission has notified the Ministry of Climate and Energy of the
decision of the European Commission on the aviation allocation
table or amendments thereto, take the decision on the allocation
of emission allowances to the aircraft operator whose
administering Member State is Latvia.
(3) The State limited liability company Latvian Environment,
Geology and Meteorology Centre shall, by 30 June each year,
allocate the emission allowances by the accounts of aircraft
operators in the Emissions Unit Register in conformity with the
aviation allocation table approved by the European Commission,
the decisions of the Ministry of Climate and Energy, and the
directly applicable legal acts of the European Union governing
the allocation and auctions of emission allowances.
(4) The Cabinet shall determine the procedures, by which:
1) the aircraft operator prepares and submits information to
the Civil Aviation Agency for the development of the aviation
allocation table;
2) the amount of emission allowances for all aircraft
operators is to be determined.
[9 October 2025]
Section 32.26 Free
Allocation of Emission Allowances to the Operators
(1) The Ministry of Climate and Energy shall, taking into
account the list of installations approved by the European
Commission, the amendments thereto, and the laws and regulations
governing the allocation of emission allowances, and also
assessing public opinion, and not later than within two months
after the European Commission has notified the Ministry of
Climate and Energy of the decision of the European Commission on
the list of installations or amendments thereto, take the
decision on the free allocation of emission allowances to the
operator included in the list of installations covered by the
European Union Emissions Trading System.
(2) The State limited liability company Latvian Environment,
Geology and Meteorology Centre shall, by 30 June each year,
allocate the emission allowances by the accounts of operators in
the Emissions Unit Register in conformity with the list of
installations approved by the European Commission, the decisions
of the Ministry of Climate and Energy, and the directly
applicable legal acts of the European Union governing the
allocation and auctioning of emission allowances.
(3) The Cabinet shall determine the following:
1) the procedures by which the operator of a new installation
prepares and submits a submission for the free allocation of
emission allowances;
2) the conditions for adjusting the amount of free emission
allowances to be allocated to the operator and for taking
decisions.
[9 October 2025]
Section 32.27 Activities
with Allowances
(1) The holder of an emission allowance may be any natural or
legal person (hereinafter - the person). The person holding an
emission allowance may, without restriction, transfer it to
another person and perform other operations involving emission
allowances, as specified in Commission Delegated Regulation (EU)
2019/1122 of 12 March 2019 supplementing Directive 2003/87/EC of
the European Parliament and of the Council as regards the
functioning of the Union Registry.
(2) The validity of an emission allowance shall depend on its
issuance period:
1) emission allowances issued from 1 January 2013 onwards
shall be valid indefinitely;
2) emission allowances issued within the period specified in
Section 32.18, Paragraph four of this Law shall be
valid indefinitely, and they shall include an indication showing
in which ten-year period of the European Union Emissions Trading
System they have been issued. Such emission allowances shall be
valid for the surrendering of emission allowances for such amount
of emissions which has been generated starting from the first
year of the abovementioned period.
(3) Emission allowances issued by the competent authority of a
Member State of the European Union or another country shall also
be valid for surrendering the emission allowances in Latvia, if
the emission allowances issued by the relevant country have been
recognised by the European Commission.
(4) The operator or aircraft operator who is subject to
Section 32.21, Paragraph one of this Law or the
shipping company shall, by 31 March every year, enter data on the
amount of greenhouse gases emitted by the installation, aircraft,
or the shipping company in the preceding calender year in the
Emissions Unit Register and shall, by 30 September each year,
surrender the emission allowances corresponding to the amount of
entered emission data by transferring them from its account in
the Emissions Unit Register to the Union allowance deletion
account and concurrently ensuring the deletion of those emission
allowances from the Emissions Unit Register.
(5) The obligation to surrender emission allowances shall not
apply to the amount of carbon dioxide which is captured and:
1) chemically bound in the product, preventing the release of
greenhouse gas emissions into the atmosphere during the usual
product service life, meaning any way in which the end user,
taking into account the product properties, would usually use it,
including after any usual product recycling or storage process
that takes place after the product service life; or
2) transported to a permanent storage site the operator of
which holds a licence in accordance with the law On Subterranean
Depths.
(6) Upon request of the owner of emission allowances, the
State limited liability company Latvian Environment, Geology and
Meteorology Centre, as the national administrator, shall delete
the relevant number of allowances in the Emissions Unit
Register.
(7) Latvia shall auction emission allowances that are not
subject to free allocation operators, aircraft operators, and
shipping companies and are not placed in the market stability
reserve.
(8) [Paragraph shall come into force on 1 January 2027 and
shall be included in the wording of the Law as of 1 January
2027 / See Paragraph 77 of Transitional
Provisions]
[9 October 2025 / Paragraphs seven and eight shall
be repealed concurrently with the coming into force of the
Economic Sustainability Law. See Paragraph 83 of
Transitional Provisions]
Section 32.28 Use of
Financial Resources from Transactions Involving Free Emission
Allowances
(1) The free allocation of emission allowances, and also the
activities performed with emission allowances shall be recorded
in accordance with the laws and regulations governing
accounting.
(2) An operator or an aircraft operator which obtains
financial resources from transactions involving free emission
allowances allocated thereto shall use the relevant financial
resources to compensate for the measures previously taken or
planned for the reduction of greenhouse gas emissions, including
the following measures for:
1) replacing the installation or parts thereof used in its
operation so that the installation could use renewable energy
resources, electricity, or such raw materials that reduce the
amount of greenhouse gas emissions of the relevant operator;
2) upgrading an aircraft used for the operation of the
installation or replacing the aircraft with a more effective one,
including one capable of using fuel produced from renewable
energy resources;
3) improving energy efficiency of the installation or building
used in its operation;
4) improving energy efficiency of heating supply and power
supply systems used in its operation and energy efficiency of end
users, expanding the centralised heating supply systems, and
connecting new end users to the centralised heating supply
system;
5) installing and using a new installation that uses renewable
energy resources to reduce the amount of greenhouse gas emissions
of the country;
6) implementing nature-based solutions to achieve climate
targets.
(3) The State limited liability company Latvian Environment,
Geology and Meteorology Centre shall, upon request, provide the
Ministry of Climate and Energy with information on transactions
performed by the operator and the aircraft operator involving
emission allowances other than the surrender of emission
allowances referred to in Section 32.27, Paragraph
four of this Law.
(4) At the end of the five-year cycle of the ten-year period
of the European Union Emissions Trading System referred to in
Section 32.18, Paragraph four of this Law, the
Ministry of Climate and Energy shall, taking into account the
information provided by the operator and the aircraft operator,
verify the measures for the reduction of greenhouse gas emissions
implemented by the operator and the aircraft operator which have
been financed from the financial resources obtained by the
operator and the aircraft operator from transactions involving
free emission allowances allocated thereto, and also the
compliance of the use of those financial resources with the
conditions referred to in Paragraph two of this Section.
(5) If, during the verification referred to in Paragraph four
of this Section, it is established that the financial resources
have not been used in accordance with the conditions of this Law,
the Ministry of Climate and Energy shall take the decision on the
obligation of the operator and the aircraft operator to implement
the measures referred to in Paragraph two of this Section within
three years in such financial amount which corresponds to the
income from transactions involving the allocated free emission
allowances.
(6) If the decision referred to in Paragraph five of this
Section is not implemented or is implemented only partially, the
Ministry of Climate and Energy shall take the decision on the
obligation of the operator and the aircraft operator to return
the financial resources that have been obtained from transactions
of the operator and the aircraft operator involving free emission
allowances allocated thereto and have not been used in accordance
with the conditions of this Law and to transfer them into the
State basic budget account opened in the Treasury according to
the classification of revenue of the State budget. The
abovementioned financial resources shall be used within the scope
of the Emission Allowance Auction Instrument in accordance with
the Economic Sustainability Law.
(7) The requirements laid down in this Law regarding the use
of financial resources obtained from transactions shall also
apply to an operator and an aircraft operator that withdraws from
the European Union Emissions Trading System.
(8) The Cabinet shall determine the procedures for calculating
the unused financial resources referred to in Paragraph six of
this Section.
[9 October 2025]
Section 32.29 Emissions
Unit Register
(1) In the Emissions Unit Register emission allowances, annual
emission allocation units, removal units, managed forest land
flexibility units, Kyoto units, and units under the Paris
Agreement shall be recorded, their transfer, surrender,
replacement, revocation, and deletion procedures shall be carried
out, and information on the ownership of emission allowances held
in electronic accounts shall be registered.
(2) Latvian State accounts, Latvian operator accounts, Latvian
aircraft operator accounts, Latvian shipping company accounts,
and Emissions Unit Register accounts under Latvian jurisdiction
shall be administered by the State limited liability company
Latvian Environment, Geology and Meteorology Centre as the
national administrator.
(3) The Cabinet shall determine the procedures, by which:
1) activities in the Emissions Unit Register, including
activities with Emissions Unit Register accounts, activities with
emission allowances and Kyoto units are performed and an account
holder, authorised representative, or additional authorised
representative of the account is determined;
2) activities in the Emissions Unit Register are supervised,
the Emissions Unit Register is accessed, and co-operation with
other institutions for ensuring supervision and control is
ensured;
3) other institutions and the public are provided with
information on activities in the Emissions Unit Register,
including on transfers carried out;
4) the fee for the service provided by the State limited
liability company Latvian Environment, Geology and Meteorology
Centre as the national administrator, i.e. the administration of
Emissions Unit Register accounts, is approved.
[9 October 2025]
Section 32.30 Failure to
Comply with the Obligation to Surrender the Emission
Allowances
(1) The State limited liability company Latvian Environment,
Geology and Meteorology Centre shall, by 10 October each year,
aggregate information on operators, aircraft operators, and
shipping companies which have not surrendered the emission
allowances referred to in Section 32.27, Paragraph
four of this Law within the specified period or have not
surrendered them in the specified quantity.
(2) The State limited liability company Latvian Environment,
Geology and Meteorology Centre shall, by 1 December each
year:
1) inform the State Environmental Service of operators,
aircraft operators, or shipping companies which have not
surrendered the emission allowances within the specified period
or have not surrendered them in the specified quantity, and also
indicate the number of emission allowances not surrendered by
each operator, aircraft operator, or shipping company;
2) publish the list of those operators, aircraft operators, or
shipping companies on its website which have not surrendered the
emission allowances within the specified period or have not
surrendered them in the specified quantity.
(3) If, after receiving the information referred to in
Paragraph two of this Section, the State Environmental Service
establishes that the operator, aircraft operator, or shipping
company has not surrendered the emission allowances referred to
in Section 32.27, Paragraph four of this Law within
the specified period or has not surrendered them in the specified
quantity, it shall take the decision imposing the following
obligations on the operator, aircraft operator, or shipping
company:
1) to surrender such quantity of allowances which covers the
quantity of allowances not surrendered;
2) to make a payment for not surrendering the allowances
referred to in Section 32.27, Paragraph four of this
Law within the specified time period or in the specified
quantity.
(4) The State Environmental Service shall, by 1 September each
year, publish the rate of the payment referred to in Paragraph
three, Clause 2 of this Section per emitted tonne of carbon
dioxide equivalent. Upon calculating the abovementioned rate, the
following conditions shall be conformed to:
1) the base rate of the payment shall be EUR 100 per each
emitted tonne of carbon dioxide equivalent for which no emission
allowances have been surrendered;
2) the payment rate is increased, taking into account the
information on the European Consumer Price Index available on the
website of the Statistical Office of the European Union.
(5) After receiving the decision of the State Environmental
Service, the operator, aircraft operator, or shipping company
referred to in Paragraph three of this Section shall, by 15
February of the following year, pay the amount calculated in
accordance with the procedures laid down in this Section into the
budget account indicated by the State Environmental Service. If
the payment is not made within that period or is not made in
full, the State Environmental Service has the right to recover
the relevant amount.
(6) The operator, aircraft operator, or shipping company may
contest the decision of the State Environmental Service referred
to in Paragraph three of this Section in accordance with the
procedures laid down in the Administrative Procedure Law by
submitting the relevant submission to the Ministry of Climate and
Energy.
[9 October 2025 / Section in relation to a fuel and
heating fuel operator shall be applied from 1 January 2028.
See Paragraph 76 of Transitional Provisions]
Section 32.31 Report on
the Implementation of the Conditions of the European Union
Emissions Trading System
The State limited liability company Latvian Environment,
Geology and Meteorology Centre shall, in respect of reporting on
the implementation of the conditions of the European Union
Emissions Trading System:
1) co-ordinate the collection of the necessary information for
the report on the introduction and implementation of the European
Union Emissions Trading System in accordance with the directly
applicable European Union legal acts governing emission
allowances;
2) taking into account the information referred to in Clause 1
of this Section, prepare the report, harmonise it with the
Ministry of Climate and Energy, the State Environmental Service,
the State Revenue Service, the Civil Aviation Agency, and the
Latvian National Accreditation Institution and shall, by 30 June
each year, upload it to the central data repository of the
European Environmental Agency, and also publish it on its
website.
[9 October 2025]
Section 32.32 Public
Participation in the Monitoring and Reporting of the European
Union Emissions Trading System Activities and the Free Allocation
of Emission Allowances
(1) Prior to issuing the greenhouse gas emission permit, the
State Environmental Service shall electronically send to the
relevant local government, the Ministry of Climate and Energy,
and the State limited liability company Latvian Environment,
Geology and Meteorology Centre as the national administrator the
address of the website on which the submission for obtaining or
amending the greenhouse gas emission permit is available and
shall review the proposals submitted by them.
(2) The State Environmental Service shall ensure that the
information in its possession is available to the public. The
information shall be necessary for participation in
decision-making relating to the issuance of the greenhouse gas
emission permit, the conditions of the issued greenhouse gas
emission permit, and the information on monitoring and control
results.
(3) If the submission for obtaining or amending the greenhouse
gas emission permit or the greenhouse gas emission permit itself
contains information which, in accordance with the laws and
regulations governing the access to information, is classified as
restricted access information, the State Environmental Service
shall not publish the relevant information. This provision shall
not apply to information on greenhouse gas emission.
(4) Information on greenhouse gas emissions resulting from the
European Union Emissions Trading System activities carried out by
the operator and the aircraft operator shall be made available to
the public. The annual activity level report shall be available
to the control authorities.
(5) The list of installations and the decisions and draft
decisions of the Ministry of Climate and Energy on the free
allocation of emission allowances or amendment of the allocation
of emission allowances to operators and aircraft operators shall
be available to the public on the website of the Ministry of
Climate and Energy.
(6) Decisions on the free allocation of emission allowances to
aircraft operators shall also be published on the website of the
Civil Aviation Agency.
(7) The Ministry of Climate and Energy shall ascertain the
public opinion on the developed draft plan for the free
allocation of emission allowances and the draft decision on the
allocation of emission allowances, providing the opportunity to
submit proposals for not less than 30 days after the relevant
draft has been published on the website of the Ministry of
Climate and Energy.
(8) The conditions of greenhouse gas emission permits, as well
as information regarding the results of monitoring and inspection
shall be available for the public.
[9 October 2025]
Section 32.33 Contesting
of a Greenhouse Gas Emission Permit, a Decision on a Greenhouse
Gas Emission Permit, and Reports
(1) A person who may be affected by a decision of the State
Environmental Service on a greenhouse gas emission permit, the
amendments thereto, and classification of information may contest
that decision in accordance with the procedures laid down in the
Administrative Procedure Law by submitting a relevant submission
to the State Environmental Service.
(2) Any person may apply to the State Environmental Service
with a submission also when the requirements laid down in the
laws and regulations in relation to the right of public
participation or the right to environmental information have not
been conformed to. The submission may be submitted during the
whole of the decision-making process or within one month from the
day the decision of the State Environmental Service enters into
effect.
(3) The decision of the State Environmental Service on the
annual emission report or annual activity level report submitted
by an operator may be contested in accordance with the procedures
laid down in the Administrative Procedure Law by submitting a
relevant submission to the State Environmental Service.
(4) The decision of the Civil Aviation Agency on the annual
emission report submitted by an aircraft operator may be
contested in accordance with the procedures laid down in the
Administrative Procedure Law by submitting a relevant submission
to the Ministry of Transport.
(5) The decision taken by the State Environmental Service and
the Ministry of Transport may be contested to a court in
accordance with the procedures laid down in the Administrative
Procedure Law.
(6) Contesting and appeal of the decisions referred to in
Paragraphs one, three, four, and five of this Section shall not
suspend their operation.
[9 October 2025]
Section 32.34 Additional
Activities of the Civil Aviation Agency in Respect of Aircraft
Operators
If an aircraft operator fails to fulfil the obligations
specified in this Law, the Civil Aviation Agency may submit to
the European Commission or the Ministry of Transport (if the
aircraft operator holds an operating licence issued by the
Ministry of Transport) a request to take the decision prohibiting
the operation of the relevant aircraft operator. If the European
Commission has taken the decision upon request of Latvia or any
other European Union Member State, the Civil Aviation Agency
shall inform the European Commission of all measures performed in
order to implement such decision.
[9 October 2025]
Section 32.35 Additional
Sanctions for Shipping Companies
(1) If a shipping company has failed to surrender the emission
allowances referred to in Section 32.27, Paragraph
four of this Law within the specified period for two or more
consecutive years and the enforcement measures referred to in
Section 32.30, Paragraphs two, three, and four of this
Law have failed to ensure the fulfilment of these obligations,
the State Environmental Service may, after giving the opportunity
to the shipping company to provide explanations, issue an order
for the expulsion of the shipping company from a Latvian port or
anchorage until the shipping company has surrendered the emission
allowances referred to in Section 32.27, Paragraph
four of this Law. The State Environmental Service shall, within
one working day, send a notification of the decision taken to the
Latvian Naval Flotilla Coast Guard Service of the National Armed
Forces, the Maritime Safety Inspectorate of State limited
liability company Latvian Maritime Administration (hereinafter -
the Maritime Safety Inspectorate), the European Commission, the
European Maritime Safety Agency, other European Union Member
States, and the flag State of the relevant ship.
(2) If a ship has been expelled from a Latvian port or
anchorage or a port or anchorage of another European Union Member
State for failing to meet the requirements regarding the
surrender of greenhouse gas emission allowances, the ship is
prohibited from entering Latvian ports and anchorages. The
decision on the expulsion and detention of ships shall be
enforced by the Naval Units of the National Armed Forces which
perform coast guard functions in accordance with the procedures
stipulated by the Cabinet.
(3) If a shipping company which manages ships flying the flag
of Latvia and whose ships enter or are found in one of Latvian
ports has failed to surrender the emission allowances referred to
in Section 32.27, Paragraph four of this Law within
the specified period for two or more consecutive years and the
enforcement measures referred to in Section 32.30,
Paragraphs two, three, and four of this Law have failed to ensure
the fulfilment of these obligations, the State Environmental
Service may, after giving the opportunity to the shipping company
to provide explanations and after agreement with the Maritime
Safety Inspectorate, take the decision on the detention of the
ship until the shipping company has surrendered the emission
allowances referred to in Section 32.27, Paragraph
four of this Law. The State Environmental Service shall, within
one working day, notify the Maritime Safety Inspectorate of the
decision taken, requesting to issue a flag State ship detention
order until the shipping company has surrendered the allowances.
The Maritime Safety Inspectorate shall, within one working day,
communicate the issued flag State ship detention order to the
ship master and its shipping company, the State Environmental
Service, the Latvian Naval Flotilla Coast Guard Service of the
National Armed Forces, the European Commission, the European
Maritime Safety Agency, and other European Union Member
States.
(4) The provisions referred o in this Section shall be without
prejudice to international maritime rules applicable in the case
of ships in distress.
(5) A shipping company may contest the decision on the
expulsion of a ship from a Latvian port or anchorage and the
decision on the detention of the ship taken by the State
Environmental Service in accordance with the procedures laid down
in the Administrative Procedure Law by submitting a relevant
submission to the Ministry of Climate and Energy.
(6) Contesting of the decision referred to in Paragraph one of
this Section shall not suspend its operation.
[9 October 2025]
Section 32.36
Implementation of a Global Market-based Measure of the
International Civil Aviation Organisation
(1) Aircraft operators who meet the conditions of Article 1 of
Commission Delegated Regulation (EU) 2019/1603 of 18 July 2019
supplementing Directive 2003/87/EC of the European Parliament and
of the Council as regards measures adopted by the International
Civil Aviation Organisation for the monitoring, reporting and
verification of aviation emissions for the purpose of
implementing a global market-based measure shall, by 15 March
each year and in accordance with the requirements laid down in
this Regulation, carry out monitoring, reporting, and
verification and report on emissions from the flights referred to
in Article 2 of this Regulation, including flights between
aerodromes located in two different third countries.
(2) The aircraft operator shall submit the verified report
referred to in Paragraph one of this Section to the Civil
Aviation Agency for assessment and for taking a decision on the
approval or rejection of the report.
(3) The Cabinet shall determine the procedures for ensuring
participation in the Carbon Offsetting and Reduction Scheme for
International Aviation.
[9 October 2025]
Section 32.37 Competent
Authority under the Carbon Border Adjustment Mechanism
(1) The State Revenue Service shall be the competent authority
within the meaning of Article 11(1) of Regulation No
2023/956/EU.
(2) The State Revenue Service shall impose the payments
specified in Article 26 of Regulation No 2023/956 and Article 16
of Commission Implementing Regulation (EU) 2023/1773 of 17 August
2023 laying down the rules for the application of Regulation (EU)
2023/956 of the European Parliament and of the Council as regards
reporting obligations for the purposes of the carbon border
adjustment mechanism during the transitional period by issuing an
administrative act.
(3) The rate specified in Article 26 of Regulation No 2023/956
shall be calculated in accordance with Section 32.30,
Paragraph four of this Law.
[9 October 2025]
Chapter
VI
Ascertaining and Registration of Polluted and Potentially
Polluted Sites
Section 33. Ascertaining and Initial
Assessment of Polluted and Potentially Polluted Sites
(1) Polluted and potentially polluted sites in the relevant
administrative territory shall be ascertained and initially
assessed by the local government in co-operation with the State
Environmental Service.
(2) The Ministry of Defence shall ascertain and initially
assess the polluted territories in its possession and notify the
relevant local government and the State Environmental Service
thereof.
(3) The methods and procedures for the ascertaining of
polluted and potentially polluted sites, as well as the
procedures for financing, the conditions for data collection and
use shall be governed by the Cabinet.
(4) The results of ascertaining and initial assessment of
polluted and potentially polluted sites shall be freely available
to the public.
[12 April 2018]
Section 34. Registration of Polluted
and Potentially Polluted Sites and Restrictions on Use of the
Territories
(1) Polluted and potentially polluted sites shall be
registered by the State Environmental Service in accordance with
the procedures stipulated by the Cabinet. The State Environmental
Service shall register militarily polluted territories according
to the opinion of the Ministry of Defence.
(2) After registration of a polluted site and receipt of an
opinion of the State Environmental Service, the local government
shall determine the restrictions on territorial planning, as well
as the restrictions in respect of living in such territory and
other use of such territory if it is necessary in order to
protect human health or the environment. The Health Inspectorate
shall determine the restrictions required to ensure human health
protection.
(3) Restrictions shall be determined, taking into account the
level of danger of polluting substances, the possible effect on
people living in the surrounding territories, the environmental
quality of such territories, and the necessity to take
remediation measures in the future.
(4) The Ministry of Defence shall submit proposals on
determination of relevant restrictions on militarily polluted
territories which are not in its possession and determine the
restrictions on territories which are in its possession.
(5) The institution which has determined the restrictions
shall revoke them if such restrictions are no longer necessary
for the protection of human health or the environment and an
opinion from the responsible institution has been received.
(6) The institution which has determined the restrictions
referred to in this Section shall notify other institutions and
natural persons and legal persons to whom such restrictions apply
regarding the restrictions or regarding the revocation
thereof.
[20 June 2002; 18 December 2003; 25 October 2007; 10
December 2009; 12 April 2018]
Section 35. Information Regarding
Polluted or Potentially Polluted Sites
(1) The owner or user of land which contains a polluted site,
the operator and other natural persons or legal persons, if they
have information at their disposal regarding polluted or
potentially polluted sites that have not been ascertained and
registered in accordance with the procedures laid down in this
Law and other laws and regulations must submit such information
to the State Environmental Service or local government.
(2) If a polluted or potentially polluted site may pose a
threat to human health or the environment, the State
Environmental Service shall notify the relevant local government,
other institutions, as well as natural persons and legal persons,
taking into account the specific circumstances of each case.
(3) If explosive items, materials, or toxic or otherwise
hazardous substances used for military purposes are located or,
according to unverified information, may be located in a polluted
or potentially polluted site, the local government or the State
Environmental Service shall notify the Ministry of Defence
thereof to receive an opinion.
(4) The owner or user of land has an obligation to inform the
possible successors in interest or obligations regarding the
polluted or potentially polluted sites in the relevant property
or territory in use, and its vicinity.
(5) The State Environmental Service shall compile data on
polluted and potentially polluted sites in the State.
[27 January 2005; 10 December 2009; 12 April 2018; 9
October 2025]
Chapter
VII
Investigation of Polluted and Potentially Polluted Sites and
Remediation of Polluted Sites
Section 36. Objective of and
Preconditions for an Investigation
(1) The objective of an investigation is to determine whether
environmental quality requirements have been exceeded and whether
the pollution endangers or may endanger human health or the
environment.
(2) Before the State Environmental Service commences an
investigation, it must have information at its disposal that the
relevant territory is polluted or potentially polluted.
[12 April 2018]
Section 37. Preconditions and
Measures for Remediation of Polluted Sites
(1) Remediation of polluted sites shall be performed if:
1) the limit values of the environmental quality requirements
have been exceeded;
2) the pollution may endanger human health or the
environment.
(2) Remediation shall include measures to be performed in
order to:
1) prevent the spreading of the pollution or its penetration
into underground waters;
2) restore or improve the environmental quality in a polluted
site.
Section 38. Persons who Cover
Expenses Related to Investigation and Remediation Measures
(1) Expenses related to investigation and remediation measures
shall be covered by:
1) the operator who has performed a polluting activity due to
which a polluted or potentially polluted site has been
created;
2) the operator who performs or has intended to perform a
polluting activity at a polluted or potentially polluted
site;
3) the land owner who has had a decisive influence in an
undertaking which has performed a polluting activity due to which
a polluted or potentially polluted territory in the land property
owned by such owner has been created;
31) the land owner if the land has been acquired in
ownership after the registration of the polluted site;
4) the owner or the user of the relevant land or installation
who voluntarily undertakes to fully or partially cover such
expenses.
(2) A land owner, if the conditions referred to in Paragraph
one of this Section do not apply to him or her, shall cover the
expenses related to remediation measures, if such measures are
performed with his or her consent and the land value after
implementation thereof increases and if the persons referred to
in Paragraph one of this Section cannot cover the remediation
measures in full.
[18 December 2003; 25 October 2007 / See
Transitional Provisions]
Section 39. Joint-Responsibility of
Persons in Covering Expenses Related to Investigation and
Remediation
(1) If expenses related to the investigation or remediation
are covered by several of the persons referred to in Section 38,
Paragraph one, Clause 1 of this Law, the expenses shall be
distributed in proportion to the harm caused to the environment
by each person. Expenses shall be distributed, taking into
account the quantity and type of emission, as well as the time
when the polluting activity was performed. If it is impossible to
distribute expenses, the persons referred to in Section 38,
Paragraph one, Clause 1 of this Law shall be jointly and
severally liable.
(2) The distribution of expenses shall be assessed by the
State Environmental Service.
[12 April 2018]
Section 40. Institutions Responsible
for Investigation and Remediation
(1) The State Environmental Service shall supervise and
control the investigation and remediation of polluted or
potentially polluted sites, except for the polluted and
potentially polluted sites in the possession of the Ministry of
Defence.
(2) The Ministry of Defence or its authorised institution
shall supervise and control the investigation and remediation of
polluted or potentially polluted sites in the possession of the
Ministry of Defence.
(3) The State Environmental Service, the Ministry of Defence
or its authorised institution (hereinafter - the responsible
institution) shall co-operate with local governments, the State
Land Service, the Ministry of Health, and other institutions
involved in investigation and remediation.
[18 December 2003; 12 April 2018]
Section 41. Decision to Initiate an
Investigation
(1) If information regarding a polluted or potentially
polluted site which causes or may cause a threat to human health
or the environment is at the disposal of the responsible
institution, but there is not sufficient information for the
assessment of such a threat, the responsible institution shall
take a decision on the necessity of an investigation.
(2) If a decision on the necessity of an investigation has
been taken, the responsible institution shall determine, in
accordance with Section 38 of this Law, the persons who shall
cover the expenses related to the investigation.
(3) If it is not possible to specify the persons who shall
cover the expenses related to the investigation or to obtain the
funds required for the investigation, the responsible authority
shall determine the quantity of funds required and notify the
Ministry of Climate and Energy or the Ministry of Defence of the
territories in their possession.
(4) The Ministry of Climate and Energy or the Ministry of
Defence shall consider the possibility of attracting funds from
the State budget or other funds for the performance of an
investigation.
(5) Upon determining the investigation and remediation
methods, the pollution spreading risk shall be taken into
account, moreover, the method chosen shall be economically
substantiated so that its implementation does not cost more than
it is necessary to reach the objective.
(6) If the funds required for an investigation have been
provided, the responsible institution shall take a decision on
initiation of the investigation.
[18 December 2003; 16 December 2010; 9 October
2025]
Section 42. Management of
Investigation Process
(1) The responsible institution shall formulate the tasks of
the investigation. The investigation shall be conducted by
qualified natural or legal persons according to an agreement with
the person who covers the expenses related to the investigation,
or with the responsible institution and on the basis of the tasks
of the investigation.
(2) The tasks of the investigation shall indicate the possible
investigation methods, parameters to be determined, precautionary
measures to be conformed to in conducting the investigation, the
timetable, monitoring, and the procedures by which information
regarding the investigation shall be provided.
(3) The responsible institution shall instruct the performer
of the investigation to develop an investigation programme in
which the objective of the investigation, methods and
precautionary measures to be conformed to in performing the
investigation are indicated. The investigation programme shall be
approved by the responsible institution.
Section 43. Decision to Initiate
Remediation
(1) If information regarding a polluted site which causes or
may cause a threat to human health or the environment is at the
disposal of the responsible institution, the responsible
institution shall take a decision on the necessity of
remediation.
(2) If a decision on the necessity of remediation has been
taken, the responsible institution shall, in accordance with
Section 38 of this Law, determine the persons who shall cover the
expenses related to remediation and the degree of liability of
such persons.
(3) If it is not possible to specify the persons who shall
cover the expenses related to remediation or to obtain the funds
required for remediation, the responsible institution shall
determine the quantity of funds required and notify the Ministry
of Climate and Energy or the Ministry of Defence of the
territories in their possession.
(4) The Ministry of Climate and Energy or the Ministry of
Defence shall consider the possibility of attracting funds from
the State budget or other funds for the performance of
remediation.
(5) If the funds required for remediation have been provided,
the responsible institution shall take a decision to initiate
remediation.
[18 December 2003; 16 December 2010; 9 October
2025]
Section 44. Management of
Remediation Process
(1) The responsible institution shall formulate the tasks of
remediation (for each specific case). Remediation shall be
performed by qualified natural persons or legal persons according
to an agreement with the person covering the expenses related to
remediation, or with the responsible institution, and on the
basis of the tasks of remediation.
(2) The desirable results, possible remediation methods, the
timetable, monitoring, and the procedures by which information
regarding the remediation is to be provided shall be indicated in
the tasks of remediation.
(3) The responsible institution shall instruct the performer
of remediation to develop a remediation programme in which the
objective of the remediation, the methods and precautionary
measures to be conformed to in performing remediation, the
specified time periods in which the performer of remediation
shall inform the responsible institution regarding the
remediation measures performed are indicated and which includes
the intended monitoring after the end of the remediation work.
The responsible institution shall approve the remediation
programme.
(4) The performer of remediation after performance of the
remediation measures shall submit to the responsible institution
a report certifying that the remediation measures have been
performed in conformity with the remediation tasks and
programme.
(5) In order to ensure updating of information in the polluted
site register, the responsible institution, on the basis of the
report certifying that the remediation measures have been
performed in conformity with the remediation tasks and programme,
shall inform in writing the holder of the polluted site register
specified in laws and regulations regarding the implementation of
the remediation measures.
[25 October 2007]
Section 44.1
Investigation of Territory Potentially Polluted and Polluted with
Explosive Articles of Military Nature and with Unexploded
Ammunition, as well as Remediation of Polluted Territory
(1) In order to protect the environment, human life and
health, as well as the property of natural persons and legal
persons from explosive articles of military nature and unexploded
ammunition, the Cabinet shall determine the procedures by which
investigation of territory potentially polluted and polluted with
explosive articles of military nature and with unexploded
ammunition shall be conducted, as well as the remediation of the
polluted territory.
(2) Investigation of territory potentially polluted and
polluted with explosive articles of military nature and with
unexploded ammunition and the search, identification, removal,
collection, and storage of unexploded ammunition shall be
conducted by licensed merchants and certified specialists.
(3) The Ministry of Defence shall certify specialists who
conduct the investigation of territories potentially polluted and
polluted with explosive articles of military nature and with
unexploded ammunition and the search, identification, removal,
collection, and storage of unexploded ammunition.
(31) A natural person who conforms to the
requirements of Paragraph five, Clauses 1, 2, 3, 4, 5, 6, 7, 8,
9, 10 and 11 of this Section and has passed a qualification
examination of a specialist who conducts the investigation of
territories potentially polluted and polluted with explosive
articles of a military nature and with unexploded ammunition and
the search, identification, removal, collection and storage of
unexploded ammunition, is entitled to receive a certificate. The
certificate shall be issued for the time period of five
years.
(32) The Ministry of Defence shall suspend the
operation of the certificate if:
1) the person has provided false information for the receipt
of the certificate;
2) the person does not comply with at least one of the
requirements of Paragraph five, Clause 1, 2, 3, 4, 5, 6, 7, 8, 9,
10, or 11 of this Section;
3) economic activity of the person has been suspended;
4) it is determined by another law or court ruling.
(33) The operation of the certificate shall be
cancelled, if a natural person, within four months from the day
when the decision on suspension of operation of the certificate
was taken, has not rectified the violations referred to in
Paragraph 3.2, Clauses 1 and 2 of this Section, the
restrictions referred to in Paragraph 3.2, Clauses 3
and 4 of this Section remain in effect or the violation cannot be
rectified.
(34) The Ministry of Defence shall, not less than
once in three years, examine the conformity of the certified
specialists with the requirements of Paragraph five of this
Section.
(35) The Cabinet shall determine the procedures, by
which:
1) certificates shall be issued to natural persons who conduct
the investigation of territories potentially polluted and
polluted with explosive articles of military nature and with
unexploded ammunition and the search, identification, removal,
collection, and storage of unexploded ammunition, cancelled or
their operation shall be suspended;
2) the qualification examination of a specialist who conducts
the investigation of territories potentially polluted and
polluted with explosive articles of military nature and with
unexploded ammunition and the search, identification, removal,
collection, and storage of unexploded ammunition shall be
taken.
(4) The Ministry of Defence shall issue a licence to merchants
for the investigation of territory potentially polluted and
polluted with explosive articles of military nature and with
unexploded ammunition and for the search, identification,
removal, collection, and storage of unexploded ammunition
(hereinafter - the licence). The procedures by which the licence
shall be issued, cancelled or its operations shall be suspended,
as well as regarding the amount of the State fee for payment for
the issue of the licence shall be determined by the Cabinet.
(5) Individual merchants or commercial companies are entitled
to receive the licence if State security institutions do not have
information at their disposal regarding the fact that the
activities of the relevant merchant are directed against the
security of the Republic of Latvia or such merchant has violated
the restrictions included in international agreements binding
upon the Republic of Latvia or specified by international
organisations, or violations of economic activity or labour law
have been detected in relation to a court ruling in relation to
the activities thereof which has entered into effect during the
last year, or a decision (opinion) of another competent
authority, and if the participants of merchants (natural
persons), except for stockholders whose participation in the
equity capital of a company is less than 10 per cent of the
equity capital of the company, proctors, managers, persons who
hold positions in administrative institutions, as well as
employees (certified specialists) who are directly related to
conducting of the abovementioned activities of such merchant
comply with the following requirements:
1) are Latvian citizens or European Union Member State
citizens, or citizens of the European Economic Area of at least
21 years of age;
2) have not been punished for the committing of a criminal
offence;
3) no mental disturbance has been diagnosed for them;
4) no addition to alcohol, narcotic, psychotropic or toxic
substances has been diagnosed for them;
5) within the last five years have not been administratively
punished for violations committed under the influence of alcohol,
narcotic, psychotropic or toxic substances;
6) the office of the public prosecutor or State security
institutions do not have information which attests to their
membership of prohibited militarised or armed groups, prohibited
public organisations, parties or the unions thereof;
7) are not accused in criminal proceedings;
8) have not been released from criminal liability in
accordance with Section 58 of The Criminal Law - not sooner than
a year after entering into effect of the relevant decision;
9) have not been conditionally released from criminal
liability in accordance with Section 58.1 of the
Criminal Law - sooner than expiration of the probationary
period;
10) have not been released from punishment in accordance with
Section 59 of the Criminal Law - sooner than a year after
entering into effect of a ruling regarding release from
punishment;
11) they have not been applied the status of a suspect in
criminal proceedings for committing of a serious or especially
serious crime;
12) the operation of the certificate has not been
suspended.
(6) The licence shall be issued after payment of the State fee
for an unspecified period of time. It shall be re-registered with
the Ministry of Defence not less than once in three years.
(7) The Ministry of Defence shall suspend the operation of the
licence if:
1) the merchant has provided false information for receiving
of the licence;
2) the merchant in his or her activities has violated the
conditions included in the licence or the requirements of this
Law or other laws and regulations governing the activities
specified in the licence;
3) the merchant or participants of the merchant (natural
persons), except for stockholders whose participation in the
equity capital of a company is less than 10 per cent of the
equity capital of the company, proctors, managers, persons who
hold positions in administrative institutions, as well as
employees (certified specialists) who are directly related to the
performance of the activities referred to in the licence, no
longer conform to the requirements of Paragraph five of this
Section;
4) the merchant has been declared insolvent by a court
judgment or the economic activity thereof has been suspended;
5) on the basis of a court judgment or a decision (opinion) of
another competent authority which has entered into effect, it has
been detected that the merchant has violated the laws and
regulations governing environmental protection, competition, tax
or labour law within the last three years until examination of
the relevant decision of the Ministry of Defence;
6) it is determined by another law or court ruling.
(8) The licence shall be cancelled, if the merchant has
submitted a relevant submission or, within four months from the
day when a decision to suspend the licence was taken, the
merchant has not rectified the violations referred to in
Paragraph seven of this Section, or if the violation cannot be
rectified.
[25 October 2007; 14 July 2011; 31 January 2013]
Chapter
VIII
Monitoring, Supervision and Control
Section 45. Monitoring Performed by
an Operator
(1) An operator has the obligation to control the amount of
emissions on a regular basis, to perform monitoring, and to
provide information in accordance with the procedures stipulated
by the Cabinet.
(11) The Cabinet shall determine the procedures for
filling out, submitting, and inspection of the form of a report
of monitoring performed by an operator.
(2) [12 April 2018]
(3) An operator shall carry out monitoring according to the
permit which specifies the parameters to be determined, the sites
of taking samples, the frequency and methods of measurements, the
type of compilation and keeping of data. An operator of Category
A polluting activity shall carry out monitoring of groundwater at
least once every five years and soil monitoring - at least once
every 10 years, unless it has been specified in the permit that,
on the basis of a pollution hazard assessment, monitoring should
be carried out more frequently.
(4) An operator shall inform relevant institutions without
delay:
1) if threats to human life, health or the environment have
arisen or may arise due to a polluting activity;
2) in the event of an accident or a threat thereof.
(5) Monitoring data and monitoring report shall be available
to the issuer of the permit, control institutions, the relevant
local government and the public.
(6) [12 April 2018 / See Paragraph 59 of Transitional
Provisions]
(7) [9 October 2025]
(71) [9 October 2025]
(72) [9 October 2025]
(8) [9 October 2025]
(9) [9 October 2025]
[18 December 2003; 27 January 2005; 6 April 2006; 10
December 2009; 14 July 2011; 31 January 2013; 9 June 2016; 1
February 2018; 12 April 2018; 10 December 2020; 9 October
2025]
Section 45.1 Monitoring
of Carbon Dioxide Emissions from Maritime Transport
[9 October 2025]
Section 46. Register of Polluting
Substances
(1) Data from the monitoring performed by an operator shall be
aggregated in the register of polluting substances.
(2) The State limited liability company Latvian Environment,
Geology and Meteorology Centre shall ensure the establishment of
the register of polluting substances and public access to the
information in accordance with the procedures stipulated by the
Cabinet.
[27 January 2005; 10 December 2009]
Section 47. Supervision
(1) The fulfilment of the requirements laid down in this Law
shall be supervised by the Ministry of Climate and Energy and the
State Environmental Service within the scope of their
competence.
(2) The Ministry of Defence shall supervise the fulfilment of
the requirements laid down in this Law in the militarily polluted
and potentially polluted territories in its possession.
[9 October 2025]
Section 48. State Environmental
Service
The State Environmental Service shall:
1) examine submissions regarding decisions of the State
Environmental Service related to the issuance of permits and
permit conditions, the investigation of polluted or potentially
polluted sites, and covering or allocation of remediation and
investigation or remediation expenditures;
2) in co-ordination with the Ministry of Climate and Energy,
inform other states of submissions for obtaining permits in cases
where a transfer of transboundary pollution is possible;
3) insert and update on the website thereof the guideline
documents of the best available techniques published by the
European Commission or the information published by international
organisations regarding the best available techniques in the
relevant area, the conclusions on the best available techniques,
inform the State Environmental Service thereof, as well as
provide consultations to operators in respect of this issue;
4) create, maintain, and update on the website thereof the
information on the permits issued.
[18 December 2003; 27 January 2005; 10 December 2009; 16
December 2010; 31 January 2013; 12 April 2018; 9 October
2025]
Section 49. Control of the
Implementation of this Law
(1) In order to ensure the fulfilment and control of the
requirements laid down in this Law, the State Environmental
Service shall develop and the Director-general of the State
Environmental Service shall approve an environmental inspection
plan. Controls according to the environmental inspection plan
shall be carried out by State environment inspectors. The State
environment inspectors shall verify:
1) whether an operator has obtained the necessary permit, but
if a Category C activity is performed - submitted a submission
regarding such activity;
2) the conformity of a polluting activity with the
requirements laid down in Chapter II of this Law;
3) the conformity with the permit conditions;
4) the conformity with the environmental quality requirements
and the Cabinet regulations;
5) the fulfilment of the task of an investigation of polluted
or potentially polluted sites, and tasks and programmes of
remediation of polluted sites.
(11) The State Environmental Service shall publish
the environmental inspection plan on the website thereof. The
environmental inspection plan shall be updated not less than once
every six months.
(12) The environmental inspection plan shall
cover:
1) a general assessment of the significant environmental
issues;
2) a reference to the geographical area covered by the
plan;
3) a register of installations covered by the plan;
4) the procedures for drawing up programmes for routine
environmental inspections which provide for the time period
between two inspections of an installation according to the
environmental risk created by the installation: for installations
posing the highest risks annual inspections shall be carried out,
for installations posing the lowest risks inspections shall be
carried out not less than once every three years;
5) extraordinary environmental inspection procedures, namely,
procedures which are carried out within as short period of time
as possible and, where necessary, before issuance, review, or
renewal of a permit if complaints on severe non-conformity with
the requirements laid down in the laws and regulations of
environmental protection have been received or severe accidents,
incidents, or other severe non-conformities in the field of
environmental protection have been detected;
6) the provisions on the co-operation between different
inspection authorities.
(13) The State Environmental Service shall, within
four months after carrying out of an inspection, post a report on
the inspection results of installations on the website
thereof.
(14) Upon developing the environmental inspection
plan and selecting installations for which regular inspections
should be carried out, the following criteria shall be taken into
account:
1) the possible and actual impact of the particular
installation on human health and the environment, taking into
account the emission caused by installation, the possibility of
impact on the local environment, and the possible accident
risk;
2) the conformity of the particular installation with the
defined permit conditions;
3) participation of the operator in the eco-management and
audit scheme (EMAS) of the European Union in accordance with
Regulation (EC) No 1221/2009 of the European Parliament and of
the Council of 25 November 2009 on the voluntary participation by
organisations in a Community eco-management and audit scheme
(EMAS), repealing Regulation (EC) No 761/2001 and Commission
Decisions 2001/681/EC and 2006/193/EC.
(15) The State Environmental Service shall, after
each inspection of a Category A installation, draw up a report on
the results of the inspection carried out and send it to the
operator within two months after performance of the inspection,
as well as post it on the website thereof within four months
after performance of the inspection.
(16) If during the inspection it is detected that
the operator has failed to comply with the defined permit
conditions, the State Environmental Service shall, within six
months after performance of the relevant inspection, carry out
additional visit on site, assessing whether the deficiencies are
duly rectified.
(2) The Health Inspectorate shall control of the conformity
with the noise limit values, as well as the relevant local
government institutions which have been delegated the
abovementioned function by the local government.
(3) [9 October 2025]
(4) [9 October 2025]
(5) If it is established that the requirements included in the
binding regulations of the local government issued in accordance
with Section 24.2, Paragraph three of this Law, or the
requirements included in Section 24.2, Paragraph five
of this Law are not conformed to, the State Environmental Service
shall decide on the restriction of smells caused by the polluting
activity.
[20 June 2002; 27 January 2005; 27 September 2007; 10
December 2009; 31 January 2013; 9 June 2016; 1 February 2018; 12
April 2018; 9 October 2025]
Section 49.1 On
Distribution of Competences
(1) The State Environmental Service shall fulfil the
obligations of the competent authority and the contact person
referred to in Regulation (EU) No 1257/2013 of the European
Parliament and of the Council of 20 November 2013 on ship
recycling and amending Regulation (EC) No 1013/2006 and Directive
2009/16/EC (hereinafter - Regulation No 1257/2013).
(2) The Ship Recycling Council is an advisory body which
evaluates the conformity of the ship recycling plans and plans of
ship recycling facilities referred to in Regulation No 1257/2013
with the requirements of this Regulation and the decisions of
which are of recommendatory nature in the field of ship recycling
conforming to the abovementioned Regulation. The Cabinet shall
determine the institutions represented in the Ship Recycling
Council and approve the by-laws of this Council.
(3) The Minister for Climate and Energy shall approve the
personnel of the Ship Recycling Council.
[9 June 2016; 9 October 2025]
Chapter
IX
Dispute Procedures
[20 June 2002]
Section 50. Dispute of Decisions
(1) An operator or natural person or legal person, also public
organisation may contest to the State Environmental Service a
decision taken by the State Environmental Service in relation to
Category A or B permits for the performance of polluting
activities within one month from the day of the decision entering
into effect.
(2) Any person may apply to the State Environmental Service
with a submission also when the requirements laid down in the
laws and regulations in relation to the right of public
participation or the right to environmental information have not
been met. The submission may be submitted during the whole of the
decision-making process or within one month from the day the
decision of the State Environmental Service enters into
effect.
(3) If according to the conditions of the Category A or B
permit it is possible to initiate or continue such polluting
activity which may have a substantial negative impact on human
health or the environment, or the environmental quality
objectives specified in accordance with the laws and regulations
governing the field of environmental protection, as well as other
requirements of laws and regulations, the conditions of the
permit may be contested at any time while the relevant permit is
in effect. Contesting of the decision shall not suspend the
operation of the permit.
(4) If the decision is contested to the State Environmental
Service within the time period specified in Paragraphs one and
two of this Section, the operation of the relevant permit may be
suspended until examination of the submission. If the suspension
of the operation of the permit may cause a substantial negative
environmental impact, the State Environmental Service shall take
the decision not to suspend the operation of the permit.
(5) If a decision on operation of such already existing
installation which requires the revision of the Category A or B
permit or another type of permit is needed, is contested, the
operation of the permit shall not be suspended. If as a result of
revision of the Category A or B permit the operator is allowed to
commence new polluting activity and the decision on commencement
of such activity is contested in accordance with Paragraph one of
this Section, the dispute of the decision shall suspend the
permit as regards the part of the new polluting activity.
(6) A natural person or legal person whose health, security,
or property may be affected by the decision taken by the State
Environmental Service on the necessity for an investigation or
remediation of a polluted or potentially polluted site or on
covering the expenses of investigation or remediation may, within
one month from the day when he or she became aware of taking the
decision, contest such decision to the State Environmental
Service.
(7) If, in accordance with Paragraph six of this Section, the
decision of the State Environmental Service is contested, its
implementation shall be suspended until examination of the
submission. If the suspension of the operation of the decision
may cause a substantial negative environmental impact, the State
Environmental Service shall not suspend the operation of the
decision.
(8) [9 October 2025]
(9) The decisions referred to in Paragraph eight of this
Section which are taken without conforming to the right to public
participation and the right to information specified in this Law,
or taken without evaluating the proposals submitted by the public
during the decision-making process may be contested by
anyone.
(10) The decision to specify binding restrictive conditions on
polluting activity, to suspend the operation of the installation,
to partially renew the operation of the installation, or to
refuse to renew the operation of the installation may be
contested to the State Environmental Service within one month
after entering into effect thereof. Contesting of the decision
shall not suspend the operation thereof.
[18 December 2003; 27 January 2005; 25 October 2007; 10
December 2009; 12 April 2018; 9 October 2025]
Section 51. Examination of
Submissions
(1) [10 December 2009]
(2) [10 December 2009]
(3) [10 December 2009]
(4) If the State Environmental Service concludes that,
according to the Category A or B permit issued, it is possible to
perform such polluting activity which may have a significant
negative impact on human health or the environment or the
requirements laid down in this Law and other laws and regulations
have not been taken into account, the State Environmental Service
shall take the decision to revoke the decision of the State
Environmental Service to issue the relevant permit or to revoke
part of the conditions of the permit, or to instruct the State
Environmental Service to change part of the conditions of the
permit, to supplement the conditions of the permit, or to issue a
permit with different content.
(41) In the case of a violation of the right of
public participation, the State Environmental Service shall
require that the violation is rectified within the specified time
period and until the violation has been rectified shall suspend
the decision-making process of the State Environmental Service
or, if the decision has already been taken, shall decide on the
necessity to revoke the decision or suspend it until the
violation is rectified and send its decision to the submitter,
operator, and the State Environmental Service.
(5) A decision taken by the State Environmental Service may be
appealed to a court in accordance with the procedures laid down
in law. An application to a court shall not suspend the operation
of the administrative act.
[20 June 2002; 18 December 2003; 27 January 2005; 10
December 2009; 12 April 2018; 9 October 2025]
Chapter X
Conditions in Relation to the Total Greenhouse Gas Emissions of
Latvia and Removal of Carbon Dioxide
[9 June 2016 / Chapter
shall be repealed concurrently with the coming into force of the
Economic Sustainability Law. See Paragraph 83 of
Transitional Provisions]
Section 52. Fulfilment of the
Obligations of Reduction of Greenhouse Gas Emissions and Removal
of Carbon Dioxide
(1) The Ministry of Climate and Energy shall, in co-operation
with the Ministry of Agriculture, the Ministry of Economics, the
Ministry of Transport, the Ministry of Smart Administration and
Regional Development, and other sectoral ministries, develop the
policy for the fulfilment of climate change reduction commitments
- greenhouse gas emissions reduction and removal of carbon
dioxide - according to the commitment fulfilment periods and
co-ordinate the implementation of the relevant policy.
(2) In order to ensure the development of the policy referred
to in Paragraph one of this Section and co-ordinate its
implementation, the Ministry of Climate and Energy shall
establish an interinstitutional working group. The working group
shall include representatives of the Ministry of Agriculture, the
Ministry of Economics, the Ministry of Transport, the Ministry of
Smart Administration and Regional Development, and other sectoral
ministries, as well as of the Interdepartmental Co-ordination
Centre.
(3) The Ministry of Climate and Energy shall, every year in
co-operation with the Ministry of Agriculture, the Ministry of
Economics, the Ministry of Transport, the Ministry of Smart
Administration and Regional Development, and other sectoral
ministries and after submission of the reports referred to in
Article 18(1) and Article 26(2) and (3) of Regulation (EU)
2018/1999 of the European Parliament and of the Council of 11
December 2018 on the Governance of the Energy Union and Climate
Action, amending Regulations (EC) No 663/2009 and (EC) No
715/2009 of the European Parliament and of the Council,
Directives 94/22/EC, 98/70/EC, 2009/31/EC, 2009/73/EC,
2010/31/EU, 2012/27/EU and 2013/30/EU of the European Parliament
and of the Council, Council Directives 2009/119/EC and (EU)
2015/652 and repealing Regulation (EU) No 525/2013 of the
European Parliament and of the Council (hereinafter - Regulation
No 2018/1999), prepare and submit to the Cabinet, by 31 December,
the informative report on the reduction of greenhouse gas
emissions and the fulfilment of the commitments in relation to
removal of carbon dioxide. The following shall be included in the
abovementioned informative report:
1) evaluation of the fulfilment of the commitments related to
reduction of greenhouse gas emissions and removal of carbon
dioxide;
2) if necessary, proposals regarding additional measures for
the fulfilment of the commitments related to reduction of
greenhouse gas emissions and removal of carbon dioxide,
corresponding to the sectoral policy planning documents for the
relevant period which are cost-efficient and have been evaluated
from the socio-economic point of view.
[14 July 2022; 8 March 2023; 9 October 2025]
Section 53. Monitoring and Control
of Greenhouse Gas Emissions and Removal of Carbon Dioxide, as
well as Reporting Thereon
(1) The Ministry of Climate and Energy shall, in accordance
with Regulation No 2018/1999 and the decisions taken by the
Parties to the Convention, the Parties to the Kyoto Protocol and
the Paris Agreement, upon co-operation with the relevant sectoral
ministries, institutions, and merchants:
1) monitor greenhouse gas emissions and removal of carbon
dioxide for the activities referred to in Annexes 2 and 4 to this
Law;
2) prepare and submit regular reports to the European
Commission and the Secretariat of the Convention on greenhouse
gas emissions and removal of carbon dioxide;
3) prepare and submit other data, information, and reports
specified in Regulation No 2018/1999 to the European Commission
and the Secretariat of the Convention.
(2) The Cabinet shall:
1) determine the procedures by which reporting systems for the
greenhouse gas inventories, projections, and adaptation to
climate change are established and maintained;
2) determine the methodology by which a unified estimate of
greenhouse gas emissions is to be performed, assessing the impact
of measures and projects on climate changes (except for the
supervision of greenhouse gas emissions referred to in Section
53, Paragraph one of this Law and for monitoring of the emissions
quantity of an operator or aircraft operator referred to in
Section 45, Paragraph one of this Law).
[14 July 2022; 8 March 2023]
Section 54. Annual Emission
Allocation and Annual Emission Allocation Units
(1) The annual emission allocation to Latvia shall be granted
in annual emission allocation units.
(2) The annual emission allocation units and the Kyoto units
granted to Latvia may be used for the fulfilment of the
greenhouse gas emissions reduction commitments.
(3) The annual emission allocation units are the State
property the legal possessor of which is the Ministry of Climate
and Energy.
(4) The Ministry of Climate and Energy shall develop and the
Cabinet shall approve a long-term strategy for action with annual
emission allocation units and also, if necessary, amend the
long-term strategy.
(5) The Ministry of Climate and Energy shall, within five
months after submitting the approximated greenhouse gas
inventories referred to in Article 26(2) of Regulation No
2018/1999 and in cooperation with the Ministry of Agriculture,
the Ministry of Economics, the Ministry of Transport, and other
sectoral ministries, prepare information on the possibilities of
Latvia to carry out transactions with the annual emission
allocation units and Kyoto units owned by the State and submit it
to the Cabinet which shall take the decision on actions with the
annual emission allocation units and Kyoto units.
(6) The Ministry of Climate and Energy shall conduct
negotiations regarding transactions with the annual emission
allocation units and Kyoto units and prepare a draft
contract.
(7) The financial resources from transactions with annual
emission allocation units shall be transferred into the account
referred to in Section 32.2, Paragraph 3.1
of this Law and utilised in accordance with the conditions of
this Law in relation to the use of revenue from auctions.
[14 July 2022; 8 March 2023]
Chapter
XI
Conditions for a Fuel Supplier in Respect of Reduction of
Greenhouse Gas Emissions of Transport Energy
[10 December 2020 / See Paragraph
68 of Transitional Provisions]
Section 55. Reduction of Greenhouse
Gas Emissions of Transport Energy and Submission of a Report of a
Fuel Supplier
[10 December 2020 / See Paragraph 68 of Transitional
Provisions]
Section 56. Ensuring Reduction of
Greenhouse Gas Emissions of Transport Energy
[10 December 2020 / See Paragraph 68 of Transitional
Provisions]
Chapter
XII
Administrative Offences in the Field of Pollution and Competence
in Administrative Offence Proceedings
[11 June 2020 / Chapter
shall come into force on 1 July 2020. See Paragraph 67 of
Transitional Provisions]
Section 57. Administrative Liability
in the Field of Environmental Noise and Radiation of
Electromagnetic Field
For exceeding the permissible limit value of environmental
noise or radiation of electromagnetic field, a warning or a fine
from six to seventy units of fine shall be imposed on a natural
person, but a fine from fourteen to one hundred and forty units
of fine - on a legal person.
[11 June 2020 / Section shall come into force on 1
July 2020. See Paragraph 67 of Transitional
Provisions]
Section 58. Administrative Liability
for Failure to Notify of an Accident or Threats of an Accident,
when Performing a Polluting Activity
For failure to notify of an accident or threats of an
accident, when performing a polluting activity, a fine from
twenty-eight to eighty-six units of fine shall be imposed on a
natural person, but a fine from seventy to one hundred and forty
units of fine - on a legal person.
[11 June 2020 / Section shall come into force on 1
July 2020. See Paragraph 67 of Transitional
Provisions]
Section 59. Administrative Liability
in the Field of the Pollution Caused by Agricultural
Activities
(1) For failure to conform to the documentation requirements
in the use of fertilisers in agricultural activities, a warning
or a fine from three to twenty-eight units of fine shall be
imposed on a natural person, but a fine from six to fifty-six
units of fine - on a legal person.
(2) For offences in relation to the use of fertilisers, a fine
from six to one hundred and forty units of fine shall be imposed
on a natural person, but a fine from fourteen to two hundred and
eighty units of fine - on a legal person.
[11 June 2020 / Section shall come into force on 1
July 2020. See Paragraph 67 of Transitional
Provisions]
Section 60. Administrative Liability
in the Field of Greenhouse Gas Emissions
[9 October 2025]
Section 61. Administrative Liability
in the Field of Environmental Pollution
For environmental pollution, a warning or a fine from fourteen
to one hundred and forty units of fine shall be imposed on a
natural person, but a fine from seventy to five hundred and
eighty units of fine - on a legal person.
[11 June 2020 / Section shall come into force on 1
July 2020. See Paragraph 67 of Transitional
Provisions]
Section 62. Administrative Liability
in the Field of Polluting Activities
(1) For the performance of Category C polluting activity
without notification thereof, a warning or a fine from ten to
forty units of fine shall be imposed on a natural person, but a
fine from fourteen to seventy units of fine - on a legal
person.
(2) For the performance of Category C polluting activity
without conforming to the requirements laid down in laws and
regulations, a warning or a fine from six to seventy units of
fine shall be imposed on a natural person, but a fine from
fourteen to two hundred and eighty units of fine - on a legal
person.
(3) For the performance of Category B polluting activity
without conforming to the requirements for the prevention or
reduction of pollution, or performance of the monitoring of
polluting activities, a warning or a fine from twenty-eight to
seventy units of fine shall be imposed on a natural person, but a
fine from fifty-six to two hundred and eighty units of fine - on
a legal person.
(4) For the performance of Category A polluting activity
without conforming to the requirements for the prevention or
reduction of pollution, or performance of the monitoring of
polluting activity, a fine from fifty-six to one hundred and one
hundred and twenty-eight units of fine shall be imposed on a
natural person, but a fine from one hundred and fourteen to four
hundred and twenty units of fine - on a legal person.
(5) For the performance of Category B polluting activity
without obtaining a permit, a fine from forty-two to eighty-six
units of fine shall be imposed on a natural person, but a fine
from one hundred to five hundred and eighty units of fine - on a
legal person.
(6) For the performance of Category A polluting activity
without obtaining a permit, a fine from seventy to one hundred
and forty units of fine shall be imposed on a natural person, but
a fine from one hundred and forty to eight hundred and sixty
units of fine - on a legal person.
[11 June 2020 / Section shall come into force on 1
July 2020. See Paragraph 67 of Transitional
Provisions]
Section 63. Administrative Liability
in the Field of the Use and Supply of Marine Fuels
(1) For the offences of the conditions for the use of marine
fuels and for failure to conform to the requirements for the use
of the methods of the reduction of related emission or new
methods in the territorial waters, exclusive economic zone,
internal maritime waters of Latvia, including port aquatic
waters, quaysides, and inland waterways, a fine from forty to
four hundred units of fine shall be imposed on a natural person,
but a fine from four hundred to four thousand units of fine - on
a legal person.
(2) For the supply of marine fuels non-conforming to the fuels
specified in the accompanying document of the supply of fuels or
to the requirements, a fine from forty to four hundred units of
fine shall be imposed on a natural person, but a fine from four
hundred to four thousand units of fine - on a legal person.
[11 June 2020 / Section shall come into force on 1
July 2020. See Paragraph 67 of Transitional
Provisions]
Section 64. Competence in
Administrative Offence Proceedings
(1) The administrative offence proceedings for the offences
referred to in Section 57 of this Law shall be conducted by the
Health Inspectorate.
(2) The administrative offence proceedings for the offences
referred to in Section 59 of this Law shall be conducted by the
State Plant Protection Service.
(3) The administrative offence proceedings for the offences
referred to in Sections 58, 60, 61, 62, and 63, Paragraph one of
this Law shall be conducted by the State Environmental
Service.
(4) The administrative offence proceedings for the offences
referred to in Section 63, Paragraph two of this Law shall be
conducted by the State Revenue Service.
[11 June 2020 / Section shall come into force on 1
July 2020. See Paragraph 67 of Transitional
Provisions]
Transitional
Provisions
1. Sections 22, 23, and 24 of this Law, as well as the
conditions of Chapter V shall come into force:
1) in respect of the existing Category B activities -
according to a timetable stipulated by the Cabinet by 1 January
2007;
2) in respect of new Category B activities - on 1 January
2003.
2. In respect of installations where waste incineration is
carried out, such installations for the operation of which the
permits prescribed in laws and regulations are obtained by 28
December 2002 and which commence their operation not later than
on 28 December 2004 shall be deemed to be existing
installations.
3. By 1 January 2002, the Cabinet shall issue the following
regulations:
1) regarding Category B and Category C polluting activities, a
submission therefor and the issue of Category B permits;
2) regarding the limit values of wastewater emission, the
prohibition to emit specific polluting substances into the
aquatic environment and regarding highly sensitive territories to
which higher requirements for urban wastewater treatment
apply;
3) regarding the quality of surface water and underground
water;
4) regarding the protection of water and soil against
pollution with nitrates caused by agricultural activity and
regarding highly sensitive territories to which higher
requirements for the protection against pollution with nitrates
apply.
4. By 1 January 2003, the Cabinet shall issue the following
regulations:
1) regarding the emission of noise from installations used
outdoors;
2) regarding the procedures by which the emission of air
polluting substances from stationary air pollution sources shall
be prevented, restricted and controlled;
3) regarding soil quality requirements;
4) regarding the emission of pollutants caused by the
combustion engines of mobile mechanisms not to be utilised in
traffic;
5) regarding pollution resulting from the production of
asbestos and asbestos-based products;
6) regarding the procedures for monitoring carried out by an
operator and the establishment of a register of polluting
substances and accessibility of the information therein to the
public;
7) regarding the requirements to be made for waste
incineration and waste incineration installations.
5. [17 June 2010]
6. Assessment and initial evaluation of polluted and
potentially polluted sites shall be performed up to 31 December
2004.
[18 December 2003]
7. Permits for the existing Category A activities shall be
requested according to a timetable stipulated by the Cabinet by 1
October 2007.
8. Section 31, Paragraph one, Clause 3.1 shall come
into force simultaneously with the Water Management Law.
[20 June 2002]
9. The regulations referred to in Section 11, Paragraph two,
Clause 8; Section 18.1, Paragraph three and Section
24.2, Paragraph two of this Law shall be issued by the
Cabinet by 1 June 2004.
[18 December 2003]
10. The strategic noise maps referred to in Section
18.1, Paragraphs one and two of this Law, which
reflect the noise assessments of the previous year in the
relevant territories, agglomerations with more than 250 000
inhabitants, roads upon which the traffic intensity is more than
six million vehicles per year, railways upon which the traffic
intensity is more than 60 000 trains per year, and airports where
the traffic intensity is more than 50 000 aircraft per year shall
be developed by 30 March 2007, but action plans for the reduction
of noise - by 30 April 2008.
[18 December 2003; 6 April 2006]
11. The strategic noise maps referred to in Section
18.1, Paragraphs one and two of this Law, which
reflect the noise assessments of the previous year in the
relevant territories, agglomerations with more than 100 000
inhabitants, roads upon which the traffic intensity is more than
three million vehicles per year, and railways upon which the
traffic intensity is more than 30 000 trains per year shall be
developed by 30 June 2012, but action plans for the reduction of
noise - by 30 June 2013.
[18 December 2003; 6 April 2006; 14 July 2011]
12. The Cabinet shall, by 30 September 2011, approve the list
of installations for the time period from 1 January 2013 to 31
December 2020.
[17 June 2010]
13. The Ministry of Environmental Protection and Regional
Development shall, by 1 December 2004, take a decision on
allocation of allowances for the period specified in Section
24.1, Paragraph five, Clause 1 of this Law.
[18 December 2003; 6 April 2006; 16 December 2010]
14. The implementation Section 32.2, Paragraphs
five and six of this Law shall be commenced by the State limited
liability company "Latvian Environment, Geology and Meteorology
Centre" by 1 January 2005.
[18 December 2003; 27 January 2005; 10 December
2009]
15. The regulations referred to in Section 24.1,
Paragraphs three and seven, Section 32.3, Paragraph
nine, Section 32.5, Paragraphs seven and Section 45,
Paragraph seven of this Law shall be issued by the Cabinet by 1
August 2004.
[18 December 2003]
16. Section 32.1, Paragraph four, Section
32.5, Paragraph six, Section 32.6,
Paragraph two and Section 32.8 of this Law shall come
into force on 1 May 2004.
[18 December 2003]
17. The Cabinet shall by 1 November 2005 issue the regulations
referred to in Section 11, Paragraph two, Clause 12 of this Law,
but by 1 July 2006 - the regulations referred to in Section 11,
Paragraph two, Clauses 9, 10, 11 and 13 of this Law.
[27 January 2005]
18. The Cabinet shall, by 1 January 2006, issue the
regulations referred to in Section 12, Paragraph 2.1
of this Law.
[27 January 2005]
19. The Cabinet shall by 11 August 2006 issue the regulations
referred to in Section 11, Paragraph two, Clause 14 of this
Law.
[6 April 2006]
20. Chapter V.2 of this Law shall come into force
on 1 January 2008.
[25 October 2007]
21. Amendments to Section 38 of this Law in relation to the
addition of Clause 3.1 and the deletion of the second
sentence of Paragraph two shall come into force on 1 January
2009.
[25 October 2007]
22. The Cabinet shall by 1 June 2008 issue the regulations
referred to in Section 44.1, Paragraphs one, three and
four of this Law.
[25 October 2007]
23. Section 24.1, Paragraph 2.1 of this
Law and amendment to Section 24.1, Paragraph four of
this Law regarding installations, which use renewable energy
resources as fuel, but other fuels - exclusively during start-up
or shut-down of installations, shall come into force on 1 January
2013.
[17 June 2010]
24. Aircraft operators shall commence the fulfilment of the
conditions of Section 32.3, Paragraph one of this Law
from 1 January 2013.
[17 June 2010]
25. The State Environmental Service shall request the data
referred to in Section 32.8, Paragraph two of this Law
in accordance with the legal acts of the European Union in the
field of greenhouse gas emission monitoring.
[17 June 2010]
26. The Ministry of Environmental Protection and Regional
Development shall submit the information referred to in Section
32.8, Paragraph four of this Law to the European
Commission by 30 June 2010.
[17 June 2010; 16 December 2010]
27. The Cabinet shall by 1 January 2011 issue regulations
regarding the protection of water and soil from the pollution
with nitrates as a result of agricultural activities and
regarding highly sensitive territories to which higher
requirements for the protection from pollution with nitrates
apply. Until the date of the coming into force of new Cabinet
regulations, but not longer than until 1 January 2011, Cabinet
Regulation No. 531 of 18 December 2001, Regulations regarding
Protection of Water and Soil from Pollution with Nitrates Caused
by Agricultural Sources, shall be in force insofar as they are
not in contradiction with this Law.
[17 June 2010]
28. Section 28.2 of this Law shall come into force
on 1 March 2011.
[16 December 2010]
29. The Cabinet shall issue the regulations provided for in
Section 28.2 of this Law by 1 March 2011.
[16 December 2010]
30. The Cabinet shall, by 15 August 2011, take the decision to
support the allocation of free-of-charge allowances for the
generation of electricity or the decision on refusal of such
support. If the Cabinet takes a decision to support the
allocation of free-of-charge allowances for the electricity
production, it shall issue the regulations referred to in Section
32.1, Paragraph seven of this Law.
[14 July 2011]
31. The information referred to in Section 32.1,
Paragraph eight of this Law shall be provided by:
1) the operator - until 15 August 2011;
2) the State Environmental Service - until 30 August 2011.
[14 July 2011; 12 April 2018]
32. Section 8.1 of this Law shall be in force until
31 December 2012.
[14 July 2011]
33. The Cabinet shall, until 31 December 2011, take a decision
on selling or cancellation of allowances of the time period
specified in Section 24.1, Paragraph five, Clause 2 of
this Law not allocated to operators. If a decision to sell
allowances is taken, the Cabinet shall determine the procedures
for the selling of allowances and the use of the financing.
[14 July 2011]
34. Amendments to Section 11, Paragraph two, Clause 1 of this
Law regarding rewording thereof, as well as Section 11, Paragraph
two, Clauses 19 and 20 and Section 29, Paragraph seven shall come
into force on 31 March 2013.
[31 January 2013]
35. Section 28, Paragraph 2.1, Clause 2, Section
29, Paragraph six, Section 30, Paragraphs five, six and seven of
this Law, amendments to Section 31 in relation to the new wording
of Paragraph one, Clause 4, Paragraph two, Clause 1, Paragraphs
three, four, six and eight of this Section, as well as the second
sentence of Section 45, Paragraph three shall be applicable
according to the following procedures:
1) to polluting activities (installations) for the performance
of which a permit for Category A polluting activity has been
issued or in relation to which a submission for the receipt of a
permit for Category A polluting activity has been accepted until
the day when the relevant amendments come into force - starting
from 7 January 2014;
2) to polluting activities (installations), which are referred
to in Section 1, Paragraph 4, Section 5, Paragraphs 1, 2 and 3,
Section 5, Paragraphs 3.1, 4.1 and 6,
Section 6, Paragraph 1, Sub-paragraph "c", Section 6, Paragraph
4, Sub-paragraph "b" and Section 6, Paragraphs 10 and 11 of Annex
1 to this Law and for the performance of which a permit for
polluting activity has been issued or in relation to which a
submission for the receipt of a permit for polluting activity has
been accepted until the day when the relevant amendments come
into force - starting from 7 January 2015.
[31 January 2013]
36. Until 30 April 2013 the Cabinet shall issue the
regulations provided for in Section 44.1, Paragraphs
3.5 and four of this Law. Until the day when new
Cabinet regulations come into force, but not later than until 30
April 2013, Cabinet Regulation No. 671 of 25 August 2008,
Procedures for the Certification of Specialists who Conduct the
Investigation of Territories Potentially Polluted and Polluted
with Explosive Articles of a Military Nature and with Unexploded
Ammunition and the Recovery Work, and the Licensing of Merchants,
are in force insofar as they are not in contradiction with this
Law.
[31 January 2013]
37. Until 30 April 2014 the Cabinet shall issue the Cabinet
regulations referred to in Section 32.3, Paragraph
nine, Clause 1 of this Law. Until the day when new Cabinet
regulations come into force Cabinet Regulation No. 661 of 3
August 2004, Procedures for Performance of Activities with
Emission Quotas (allowances) and for Establishment of
Installation Pools, are in force insofar as they are not in
contradiction with this Law.
[6 February 2014]
38. Until 31 December 2026, the duties specified for an
aircraft operator in Section 32.20 and Section
32.21, Paragraph four of this Law shall not apply to
flights departing from:
1) an aerodrome located in the territory of Latvia and
arriving at an aerodrome located in a state outside the European
Economic Area, except for flights to aerodromes located in the
United Kingdom and Switzerland;
2) an aerodrome located in a state outside the European
Economic Area, except for flights to aerodromes located in the
United Kingdom and Switzerland, and arriving at an aerodrome
located in the territory of Latvia;
3) in an aerodrome situated in a state outside the European
Economic Area and ended in an aerodrome situated outside the
European Economic Area.
[9 October 2025]
39. Within the time period - from 1 January 2013 to 31
December 2016 - referred to in Article 1(1) of Regulation No
421/2014 the duty laid down in Section 45, Paragraph one of this
Law to regularly control the quantity of emissions, to perform
monitoring and to provide information (to submit monitoring
plans) need not be fulfilled by such aircraft operator which only
carries out the flights referred to in Paragraph 38 of these
Transitional Provisions.
[9 June 2016]
40. The Cabinet shall by 31 December 2016 issue the
regulations referred to in Section 53, Paragraph two of this
Law.
[9 June 2016]
41. The Ministry of Environmental Protection and Regional
Development shall by 31 December 2016 develop the long-term
strategy referred to in Section 54, Paragraph four of this Law.
The long-term strategy for each time period referred to in
Section 52, Paragraph one of this Law for the performance of the
particular commitments shall be developed until the end of the
first year of the abovementioned commitment period.
[9 June 2016; 1 February 2018]
42. The Cabinet shall by 31 December 2016 issue the By-laws of
the Ship Recycling Council referred to in Section 49.1
Paragraph two of this Law.
[9 June 2016]
43. The Cabinet shall by 31 December 2016 make amendments to
the regulations referred to in Section 45, Paragraphs seven and
7.1 of this Law.
[9 June 2016]
44. The Cabinet shall by 31 December 2016 issue the price list
of paid services referred to in Section 11, Paragraph six of this
Law.
[9 June 2016]
45. The Cabinet shall by 30 May 2018 issue the regulations
referred to in Section 32.6, Paragraph seven of this
Law.
[1 February 2018]
46. Section 45.1, Paragraph two of this Law shall
come into force on 1 January 2019.
[1 February 2018]
47. The Cabinet shall by 30 May 2018 issue the regulations
referred to in Section 45.1, Paragraph three of this
Law.
[1 February 2018]
48. The Cabinet shall by 31 May 2018 issue the regulations
referred to in Section 55, Paragraph seven of this Law.
[1 February 2018]
49. Section 18.2 of this Law shall come into force
on 1 November 2018. The Cabinet shall by 30 September 2018 issue
the regulations referred to in Section 18.2, Paragraph
two of this Law.
[1 February 2018]
50. In respect of the 10 year period referred to in Section
32.1, Paragraph 5.1 of this Law which
starts on 1 January 2021, the Cabinet shall by 31 December 2018
take the decision to support the allocation of free-of-charge
allowances for the electricity production or decision not to
support such allocation. If the Cabinet takes a decision to
support the allocation of free-of-charge allowances for the
electricity production, it shall by 30 June 2019 issue the
regulations referred to in Section 32.1, Paragraph
seven of this Law by including the by-laws therein where the
tender procedure and selection criteria are determined.
[1 February 2018]
51. The information referred to in Section 32.1,
Paragraph 8.1 of this Law on the period of the first
five years of the first 10 year period referred to in Section
24.1, Paragraph five, Clause 4 of this Law which
started on 1 January 2021 shall be submitted by:
1) the operator - until 15 June 2019;
2) the State Environmental Service - until 30 June 2019.
[1 February 2018; 12 April 2018]
52. [9 October 2025]
53. [9 October 2025]
54. [9 October 2025]
55. Section 28.1, Paragraph 3.1 and
Section 45, Paragraph nine of this Law shall come into force on 1
June 2018.
[1 February 2018]
56. Section 55, Paragraph four of this Law shall come into
force on 1 June 2018.
[1 February 2018]
57. The Cabinet shall by 1 September 2018 issue the
regulations referred to in Section 11, Paragraph two, Clause 21,
Section 16.1, Paragraph two, Section 16.2,
Paragraphs one and two of this Law.
[12 April 2018]
58. The Cabinet shall by 1 January 2020 issue the regulations
referred to in Section 45, Paragraph 1.1 of this
Law.
[12 April 2018]
59. Amendment regarding deletion of Section 45, Paragraph six
shall come into force on 1 January 2020.
[12 April 2018]
60. Amendment to Section 19 of this Law regarding
supplementation thereof with Paragraph 3.1 shall come
into force on 1 April 2020.
[12 April 2018]
61. Amendment to Section 20, Paragraph five, Clause 3 of this
Law regarding replacement of the words "the submission form and
the permit form" with the words "the information to be included
in the submission for obtaining the permit" shall come into force
on 1 April 2020.
[12 April 2018]
62. Amendment to Section 22, Paragraph two regarding
replacement of the words "the Category B submission form and the
permit form" with the words "the information to be included in
the submission for obtaining the permit" shall come into force on
1 April 2020.
[12 April 2018]
63. Amendment to Section 23 of this Law regarding
supplementation of Paragraph two with the words "and the
procedures by which the State Environmental Service registers
Category C activities" shall come into force on 1 April 2020.
[12 April 2018]
64. Section 24.3 of this Law shall come into force
on 1 April 2020.
[12 April 2018]
65. Amendment to Section 28.1, Paragraph 3.1 of
this Law regarding replacement of the words "on the website of
the Unified Environment Information System "TULPE"" with the
words "in the information system" shall come into force on 1
April 2020.
[12 April 2018]
66. Amendment to Section 28.1, Paragraph
4.1 of this Law regarding replacement of the words
"Category C certification" with the words "registration of
Category C activity is performed" shall come into force on 1
April 2020.
[12 April 2018]
67. Chapter XII of this Law shall come into force concurrently
with the Law on Administrative Liability.
[11 June 2020]
68. Amendment to this Law regarding the exclusion of Chapter
XI shall come into force on 1 January 2022.
[10 December 2020]
69. During the time period from 1 December 2021 to 30 April
2022, the compensation for electricity final customers provided
for in Section 32.2, Paragraph 4.8 of this
Law shall be applied in the amount of 50 per cent of the costs of
the electricity system service.
[22 December 2021]
70. Financing not exceeding EUR 77 894 000 for the measure
referred to in Paragraph 69 of these Transitional Provisions
shall be provided for as a grant from general revenue in the
budget sub-programme 29.07.00 "Financing of the Emission
Allowance Auction Instrument for Aid to Consumers of Electricity"
of the Ministry of Economics, taking into account the revenue
obtained from the auctioning of allowances referred to in Section
32.2, Paragraph three of this Law.
[22 December 2021]
71. The Cabinet shall, by 30 April 2023, issue the regulations
referred to in Section 18.1, Paragraph three, Clause 6
of this Law.
[14 July 2022]
72. Section 32.17, Paragraph six of this Law shall
not be applicable until 31 December 2027.
[9 October 2025]
73. The fuel and heating fuel operator shall prepare the
verified reports referred to in Section 32.17,
Paragraph seven of this Law starting from 2026.
[9 October 2025]
74. Section 32.17, Paragraph eleven of this Law
shall come into force on 1 January 2028 and shall be repealed on
1 January 2031.
[9 October 2025 / Section 32.17,
Paragraph eleven shall be included in the wording of the Law as
of 1 January 2028, and the amendment regarding repealing
Paragraph eleven shall be included in the wording of the Law as
of 1 January 2031]
75. If the European Commission publishes a notice in the
Official Journal of the European Union that one or both
conditions referred to in Article 30k(1) of Directive 2003/87/EC
of the European Parliament and of the Council of 13 October 2003
establishing a scheme for greenhouse gas emission allowance
trading within the Community and amending Council Directive
96/61/EC has been met, the initial period for the surrender of
allowances in respect of total emissions in 2028 shall apply
starting from 31 May 2029.
[9 October 2025]
76. Section 32.30 of this Law in relation to a fuel
and heating fuel operator shall be applied from 1 January
2028.
[9 October 2025]
77. Section 32.27, Paragraph eight of this Law
shall come into force on 1 January 2027.
[9 October 2025 / Section 32.27,
Paragraph eight shall be included in the wording of the Law as of
1 January 2027]
78. The Cabinet shall, not later than by 30 April 2026, issue
the regulations referred to in Section 32.17,
Paragraph thirteen, Clauses 1, 2, 3, 5, and 6, Section
32.18, Paragraph seven, Section 32.21,
Paragraph ten, Section 32.22, Paragraph five, Section
32.23, Paragraph six, Section 32.24,
Paragraph eight, Section 32.25, Paragraph four,
Section 32.26, Paragraph three, Section
32.28, Paragraph eight, and Section 32.36,
Paragraph three of this Law.
[9 October 2025]
79. The Cabinet shall, not later than by 31 October 2026,
issue the regulations referred to in Section 32.19,
Paragraph two and Section 32.29, Paragraph three of
this Law.
[9 October 2025]
80. The Cabinet shall, not later than by 31 December 2026,
issue the regulations referred to in Section 32.17,
Paragraph thirteen, Clause 4 of this Law.
[9 October 2025]
81. Until the coming into force of the regulations referred to
in Section 32.17, Paragraph thirteen, Clauses 1, 2, 3,
5, and 6, Section 32.18, Paragraph seven, Section
32.21, Paragraph ten, Section 32.22,
Paragraph five, Section 32.23, Paragraph six, Section
32.24, Paragraph eight, Section 32.25,
Paragraph four, Section 32.26, Paragraph three,
Section 32.28, Paragraph eight, and Section
32.36, Paragraph three of this Law, the following
Cabinet Regulations shall apply insofar as they are not in
contradiction with this Law:
1) Cabinet Regulation No. 769 of 13 November 2012, Regulations
Regarding Participation of Stationary Technological Installations
in the Emission Allowance Trading Scheme of the European
Union;
2) Cabinet Regulation No. 366 of 9 July 2013, Regulations
Regarding Participation of Aviation Activities in the European
Union Emissions Trading System;
3) Cabinet Regulation No. 430 of 17 July 2018, Procedures for
the Preparation, Verification, and Submission of a Report on
Carbon Dioxide Emissions from Maritime Transport;
4) Cabinet Regulation No. 449 of 29 June 2021, Procedures for
the Allocation of Emission Allowances to Operators of Stationary
Technological Installations.
[9 October 2025]
82. Until the day of coming into force of the regulations
referred to in Section 32.19, Paragraph two and
Section 32.29, Paragraph three of this Law, Cabinet
Regulation No. 250 of 20 May 2014, Regulations Regarding
Activities in the Emission Register, shall be applicable insofar
as it is not in contradiction with this Law.
[9 October 2025]
83. Section 1, Paragraph one, Clauses 3.4,
10.4, and 10.5, Section 32.27,
Paragraphs seven and eight of this Law, and also Chapters
V.1, V.3, and X, and Annex 4 to this Law
shall be repealed concurrently with the coming into force of the
Economic Sustainability Law.
[9 October 2025 / The abovementioned amendments will
be included in the wording of the Law as of the day of coming
into force of the Economic Sustainability Law]
Informative
Reference to Directives of the European Union
[27 January 2005; 6 April 2006;
25 October 2007; 10 December 2009; 17 June 2010; 16 December
2010; 31 January 2013; 1 February 2018; 12 April 2018; 14 July
2022; 9 October 2025]
This Law contains legal norms arising from:
1) Council Directive 91/676/EEC of 12 December 1991 concerning
the protection of waters against pollution caused by nitrates
from agricultural sources;
2) Directive 2008/1/EC of the European Parliament and of the
Council of 15 January 2008 concerning integrated pollution
prevention and control (codified version). (Text with EEA
relevance);
3) Directive 2002/49/EC of the European Parliament and of the
Council of 25 June 2002 relating to the assessment and management
of environmental noise;
4) Directive 2003/35/EC of the European Parliament and of the
Council of 26 May 2003 providing for public participation in
respect of the drawing up of certain plans and programmes
relating to the environment and amending with regard to public
participation and access to justice Council Directives 85/337/EEC
and 96/61/EC;
5) Directive 2003/87/EC of the European Parliament and of the
Council of 13 October 2003 establishing a scheme for greenhouse
gas emission allowance trading within the Community and amending
Council Directive 96/61/EC;
6) Directive 2004/101/EC of the European Parliament and of the
Council of 27 October 2004 amending Directive 2003/87/EC
establishing a scheme for greenhouse gas emission allowance
trading within the Community, in respect of the Kyoto Protocol's
project mechanisms;
7) Directive 2004/42/CE of the European Parliament and of the
Council of 21 April 2004 on the limitation of emissions of
volatile organic compounds due to the use of organic solvents in
certain paints and varnishes and vehicle refinishing products and
amending Directive 1999/13/EC;
8) Council Directive 1999/32/EC of 26 April 1999 relating to a
reduction in the sulphur content of certain liquid fuels and
amending Directive 93/12/EEC;
9) Directive 2005/33/EC of the European Parliament and of the
Council of 6 July 2005 amending Directive 1999/32/EC;
10) Council Directive 96/82/EC of 9 December 1996 on the
control of major-accident hazards involving dangerous
substances;
11) Directive 2012/18/EU of the European Parliament and of the
Council of 4 July 2012 on the control of major-accident hazards
involving dangerous substances, amending and subsequently
repealing Council Directive 96/82/EC;
12) [12 April 2018];
13) Directive 2009/29/EC of the European Parliament and of the
Council of 23 April 2009 amending Directive 2003/87/EC so as to
improve and extend the greenhouse gas emission allowance trading
scheme of the Community;
14) Directive 2009/31/EC of the European Parliament and of the
Council of 23 April 2009 on the geological storage of carbon
dioxide and amending Council Directive 85/337/EEC, European
Parliament and Council Directives 2000/60/EC, 2001/80/EC,
2004/35/EC, 2006/12/EC, 2008/1/EC and Regulation (EC) No
1013/2006. (Text with EEA relevance);
15) Directive 2008/98/EC of the European Parliament and of the
Council of 19 November 2008 on waste and repealing certain
Directives (Text with EEA relevance);
16) Directive 2010/75/EU of the European Parliament and of the
Council of 24 November 2010 on industrial emissions (integrated
pollution prevention and control) (recast) (Text with EEA
relevance);
17) Directive 98/70/EC of the European Parliament and of the
Council of 13 October 1998 relating to the quality of petrol and
diesel fuels and amending Council Directive 93/12/EEC;
18) Directive 2009/30/EC of the European Parliament and of the
Council of 23 April 2009 amending Directive 98/70/EC as regards
the specification of petrol, diesel and gas-oil and introducing a
mechanism to monitor and reduce greenhouse gas emissions and
amending Council Directive 1999/32/EC as regards the
specification of fuel used by inland waterway vessels and
repealing Directive 93/12/EEC;
19) Council Directive (EU) 2015/652 of 20 April 2015 laying
down calculation methods and reporting requirements pursuant to
Directive 98/70/EC of the European Parliament and of the Council
relating to the quality of petrol and diesel fuels;
20) Directive (EU) 2015/2193 of the European Parliament and of
the Council of 25 November 2015 on the limitation of emissions of
certain pollutants into the air from medium combustion
plants;
21) Directive (EU) 2016/2284 of the European Parliament and of
the Council of 14 December 2016 on the reduction of national
emissions of certain atmospheric pollutants, amending Directive
2003/35/EC and repealing Directive 2001/81/EC;
22) Directive (EU) 2018/410 of the European Parliament and of
the Council of 14 March 2018 amending Directive 2003/87/EC to
enhance cost-effective emission reductions and low-carbon
investments, and Decision (EU) 2015/1814;
23) Directive 2008/101/EC of the European Parliament and of
the Council of 19 November 2008 amending Directive 2003/87/EC so
as to include aviation activities in the scheme for greenhouse
gas emission allowance trading within the Community;
24) Directive (EU) 2023/958 of the European Parliament and of
the Council of 10 May 2023 amending Directive 2003/87/EC as
regards aviation's contribution to the Union's economy-wide
emission reduction target and the appropriate implementation of a
global market-based measure;
25) Directive (EU) 2023/959 of the European Parliament and of
the Council of 10 May 2023 amending Directive 2003/87/EC
establishing a system for greenhouse gas emission allowance
trading within the Union and Decision (EU) 2015/1814 concerning
the establishment and operation of a market stability reserve for
the Union greenhouse gas emission trading system.
This Law shall come into force on 1 July 2001.
The Saeima adopted this Law on 15 March 2001.
Acting for the President, Chairperson of
the Saeima J. Straume
Rīga, 29 March 2001
Law On Pollution
Annex 1
Polluting
Activities (Installations) Requiring a Category A Permit
[31 January 2013; 9 June 2016;
12 April 2018; 9 October 2025]
(1) In energy industries:
1) combustion installations the nominal thermal input of which
is 50 megawatts and more and to which the laws and regulations
regarding the procedures for preventing, restricting, and control
of emissions of air polluting substances from combustion
installation apply;
2) mineral oil and gas treatment and refining
installations;
3) coke ovens;
4) gasification and liquefaction installations for fuels, in
which the following is used:
a) coal;
b) other fuels if the total rated thermal input of the
installation is 20 MW or more.
(2) In production and processing of metals:
1) installations for metal ore, including sulphide ore,
roasting and sintering;
2) installations for the primary or secondary fusion of pig
iron or steel, including continuous casting, with a capacity
exceeding 2.5 tonnes per hour;
3) installations for the processing of ferrous metals:
a) hot-rolling mills with a capacity exceeding 20 tonnes of
crude steel per hour;
b) smitheries utilising mechanisms (for example, pneumatic or
hydraulic hammers, presses) the energy of which exceeds 50
kilojoules per each mechanism, if the calorific power used
exceeds 20 megawatts;
c) installations for the application of protective fused metal
coats with an input exceeding 2 tonnes of crude steel per
hour;
4) ferrous metal foundries with a production capacity
exceeding 20 tonnes per day;
5) installations:
a) for the production of non-ferrous crude metals from ore,
ore concentrates or secondary raw materials (for example, scrap
iron) by metallurgical, chemical or electrolytic processes;
b) for the melting, including the alloyage, of non-ferrous
metals, including recovered products, with a melting capacity
exceeding 4 tonnes per day for melted lead and cadmium or 20
tonnes per day of any other melted metal;
6) installations for surface treatment of metals or plastic
materials using an electrolytic or chemical process where the
total volume of the electrolytic or chemical treatment vats
exceeds 30 cubic metres.
(3) In production of mineral products:
1) installations for the production of cement clinker in
rotary kilns with a production capacity exceeding 500 tonnes per
day or in other type of furnaces with a capacity exceeding 50
tonnes per day or installations for the production of lime in
rotary kilns with a production capacity exceeding 50 tonnes per
day;
2) installations for the production of asbestos and the
manufacture of asbestos-based products;
3) installations for the manufacture of glass, including glass
fibre, with a melting capacity exceeding 20 tonnes per day;
4) installations for the melting of non-metallic minerals,
including the production of non-metallic mineral fibre, with a
melting capacity exceeding 20 tonnes per day;
5) installations for the manufacture of ceramic products by
firing, including roofing tiles, bricks, refractory bricks,
tiles, stoneware or porcelain, with a production capacity
exceeding 75 tonnes per day or with a kiln capacity exceeding 4
cubic metres and with a setting density per kiln exceeding 300
kg/m³;
6) installations for the manufacture of magnesium oxide in
kilns the manufacture capacity of which exceeds 50 tonnes per
day.
(4) In chemical industry in conformity with the condition
referred to in Section 7 of this Annex:
1) installations for the production of organic chemicals, such
as:
a) for the production of simple hydrocarbons (linear or
cyclic, saturated or unsaturated, aliphatic or aromatic);
b) for the production of oxygen-containing hydrocarbons, such
as alcohols, aldehydes, ketones, carboxylic acids, esters,
acetates, ethers, peroxides, epoxy resins;
c) for the production of sulphurous hydrocarbons;
d) for the production of nitrogenous hydrocarbons, such as
amines, amides, nitrous compounds, nitro compounds or nitrate
compounds, nitriles, cyanates or isocyanates;
e) for the production of phosphorus-containing
hydrocarbons;
f) for the production of halogenic hydrocarbons;
g) for the production of organometallic compounds;
h) for the production of plastic materials - polymers
synthetic fibres and cellulose-based fibres;
i) for the production of synthetic rubber or rubber;
j) for the production of dyes and pigments;
k) for the production of surface-active agents;
2) installations for the production of inorganic chemicals,
such as:
a) for the production of gases, such as ammonia, chlorine or
hydrogen chloride, fluorine or hydrogen fluoride, carbon oxides,
sulphur compounds, nitrogen oxides, hydrogen, except for hydrogen
produced by water electrolysis, sulphur dioxide, carbonyl
chloride;
b) for the production of acids, such as chromic acid,
hydrofluoric acid, phosphoric acid, nitric acid, hydrochloric
acid, sulphuric acid, oleum, sulphurous acid;
c) for the production of bases, such as ammonium hydroxide,
potassium hydroxide, sodium hydroxide;
d) for the production of salts, such as ammonium chloride,
potassium chlorate, potassium carbonate, sodium carbonate,
perborate, silver nitrate;
e) for the production of non-metals, metal oxides or other
inorganic compounds, such as calcium carbide, silicon, silicon
carbide;
3) installations for the production of phosphorous-, nitrogen-
or potassium-based simple or compound fertilisers;
4) installations for the production of plant protection
products or biocides;
5) installations which produce pharmaceutical products,
utilising chemical or biological processes;
6) installations for the production of explosives.
(5) In waste management:
1) installations for the disposal or recovery of hazardous
waste with a capacity exceeding 10 tonnes per day involving one
or more of the following activities:
a) biological treatment;
b) psysico-chemical treatment;
c) blending or mixing prior to submission to any of the other
activities referred to in Paragraphs 1 and 2 of this Section;
d) repackaging prior to submission to any of the other
activities referred to in Paragraphs 1 and 2 of this Section;
e) solvent reclamation and (or) regeneration;
f) recycling and (or) reclamation of inorganic materials other
than metals or metal compounds;
g) regeneration of acids or bases;
h) recovery of components used for pollution abatement;
i) recovery of components from catalysts;
j) oil re-refining or other reuses of oil;
k) surface impoundment;
2) installations for the incineration or recovery of waste, as
well as installations for the co-incineration of waste to which
the laws and regulations regarding the requirements for the
incineration of waste and operation of the installations for the
incineration of waste apply, with the following capacity:
a) for non-hazardous waste - with a capacity exceeding 3
tonnes per hour;
b) for hazardous waste - with a capacity exceeding 10 tonnes
per day;
3) installations for the disposal of non-hazardous waste with
a capacity exceeding 50 tonnes per day (excluding activities
covered by the regulation of the laws and regulations regarding
emission of polluting substances into water) involving one or
more of the following activities:
a) biological treatment;
b) psysico-chemical treatment;
c) pre-treatment of waste for incineration or
co-incineration;
d) treatment of slags and ashes;
e) treatment in shredders of metal waste, including waste
electrical and electronic equipment and end-of-life vehicles and
their components;
31) installations for the recovery of non-hazardous
waste, as well as installations for recovery and disposal of
non-hazardous waste with a capacity exceeding 75 tonnes per day
(excluding activities covered by the regulation of the regulatory
enactments regarding emission of polluting substances into
water), conforming with the condition referred to in Section 8 of
this Annex and involving one or more of the following
activities:
a) biological treatment;
b) pre-treatment of waste for incineration or
co-incineration;
c) treatment of slags and ashes;
d) treatment in shredders of metal waste, including waste
electrical and electronic equipment and end-of-life vehicles and
their components;
4) installations for the landfills in accordance with the
Waste Management Law which may accept more than 10 tonnes of
waste per day or with a total capacity exceeding 25 000 tonnes,
excluding landfills of inert waste;
41) areas for temporary storage of hazardous waste,
which do not conform to the conditions referred to in Paragraph 4
of this Section and in which hazardous waste with the total
amount over 50 tonnes is stored, prior carrying out of the
activities referred to in Paragraphs 1, 2, 4 and 6 of this
Section involving hazardous waste. This activity does not cover
temporary storage of hazardous waste at the generation site
thereof (prior to collection thereof);
5) installations for disposal of hazardous waste if
polychlorinated biphenyls, polychlorinated terphenyls or waste or
devices containing such substances are disposed of;
6) underground storage of hazardous waste with a total
capacity exceeding 50 tonnes.
(6) In other sectors:
1) installations:
a) for the production of pulp from timber or other fibrous
materials,
b) for the production of paper or card board with a production
capacity exceeding 20 tonnes per day;
c) for the production of orientated strand board,
particleboard or fibreboard (types of individual boards, or
different types of boards together) with a production capacity
exceeding 600 m3 per day;
2) installations for the pre-treatment (operations such as
washing, bleaching, mercerisation or dying) of textile fibres or
textiles where the treatment capacity exceeds 10 tonnes of
material per day;
3) installations for the treatment of hides and skins where
the treatment capacity exceeds 12 tonnes of finished products per
day;
4) installations for the production of food:
a) slaughterhouses with a carcass production capacity greater
than 50 tonnes per day;
b) production facilities for food or feed where the following
is treated or processed (other than exclusively packaging):
- animal raw materials (other than exclusively milk), with a
finished product production capacity greater than 75 tonnes per
day,
- vegetable raw materials, with a finished product production
capacity greater than 300 tonnes per day or greater than 600
tonnes per day where the installation operates for a period of no
more than 90 consecutive days in any year;
- animal and vegetable raw materials, both in combined and
separate products (packaging shall not be included in the final
weight of the product. These provisions shall not apply to the
production where the raw material is milk only), if the finished
product production capacity is greater than 75 tonnes per day and
the portion of animal material (in per cent of weight) is equal
to 10 or more. In all other cases the threshold, taking into
account animal raw materials (in per cent of weight) in the
finished product, shall be calculated using the following
formula:
300 - (22,5 x A), where
A - the portion of animal material in per cent of weight of
the finished product, or accordingly thresholds shall be
calculated for the diagram in Annex 3 to this Law,
c) milk production facilities in which more than 200 tonnes of
milk per day may be accepted (if 200 tonnes per day is an average
value on an annual basis);
5) installations for the disposal or recycling of animal
carcasses and animal waste with a treatment capacity exceeding 10
tonnes per day;
6) farms for the intensive rearing of pigs and poultry:
a) with more than 40 000 places for poultry;
b) with more than 2000 places for production pigs with weight
over 30 kg;
c) with more than 750 places for sows;
7) installations for the surface treatment of substances,
objects or products using organic solvents, also for dressing,
printing, coating, degreasing, waterproofing, sizing, painting,
cleaning or impregnating, with an organic solvent consumption
capacity of more than 150 kg per hour or more than 200 tonnes per
year;
8) installations for the production of carbon or
electrographite by means of incineration at high temperatures or
graphitising;
9) carbon dioxide (CO2) stream capture from
activities (installations), which have been indicated in this
Annex, in relation to the geological storage of carbon dioxide as
specified in Directive 2009/31/EC of the European Parliament and
of the Council of 23 April 2009 on the geological storage of
carbon dioxide and amending Council Directive 85/337/EEC,
European Parliament and Council Directives 2000/60/EC,
2001/80/EC, 2004/35/EC, 2006/12/EC, 2008/1/EC and Regulation (EC)
No 1013/2006 (Text with EEA relevance);
10) installations for the preservation of wood and wood
products with chemicals with a production capacity exceeding 75
m3 per day, other than exclusively treating against
sapstain;
11) installations for the independently operated treatment of
waste water which ensure treatment of waste water created by the
polluting activities referred to in this Annex, if the
installations for treatment of waste water are not covered by the
regulation of the laws and regulations regarding emission of
polluting substances into water;
12) water electrolysis for the production of hydrogen, with a
production capacity exceeding 50 tonnes per day.
(7) The term "production" in relation to the activities
referred to in Section 4 of this Annex shall mean industrial
production, within the process of which chemical or biological
recycling of the substances or groups of substances referred to
in Paragraphs 1, 2, 3, 5, and 6 of this Section is carried
out.
(8) When the only waste treatment activity referred to in
Section 5, Paragraph 3.1 of this Annex and carried out
is anaerobic digestion, the capacity threshold for this activity
shall be 100 tonnes per day.
Law On Pollution
Annex 1.1
Activities to
which the European Union Emissions Trading System Applies in the
Field of Aviation
[9 June 2016]
Law On Pollution
Annex 2
[9 October 2025]
Polluting
Activities Included in the European Union Emissions Trading
System
I. Polluting
Activities Included in the European Union Emissions Trading
System for which a Greenhouse Gas Emission Permit is
Necessary
When the total rated thermal input of the installation is
calculated in order to decide upon its inclusion in the European
Union Emissions Trading System in accordance with the conditions
of this Law, the State Environmental Service shall add together
the rated thermal inputs of all technical units of the
installation in which fuels are combusted (such as boilers,
burners, turbines, heaters, furnaces, incinerators, calciners,
kilns, ovens, dryers, engines, fuel cells, chemical looping
combustion units, flares, and thermal or catalytic
post-combustion units). The following shall not be taken into
account in the sum total:
1) technical units with a rated thermal input under three
megawatts;
2) technical units in which renewable energy resources meeting
the sustainability criteria and greenhouse gas emission saving
criteria laid down in laws and regulations are used as heating
fuel, while other heating fuels are used only for commencing or
terminating the operation of the units (until 31 December
2025).
This Annex shall not cover installations for which the
five-year emissions resulting from the combustion of biomass
complying with the sustainability criteria and the greenhouse gas
emission saving criteria that are used for the development of the
abovementioned list of installations referred to in Section
32.24, Paragraph one of this Law, exceed, on average,
more than 95 per cent of the total average greenhouse gas
emissions defined in accordance with the monitoring and reporting
requirements laid down in Section 32.21 of this
Law.
|
No.
|
Activities for which a Greenhouse Gas Emission
Permit is Necessary |
Greenhouse gases |
|
1.
|
Combustion of heating fuel - oxidation of heating fuel,
regardless of the way in which the heat, electrical, or
mechanical energy produced by this process is used, and any
other directly associated activities, including waste gas
scrubbing, in installations with a total rated thermal
input exceeding 20 megawatts (except for in installations
for the incineration of hazardous or municipal waste).
The conditions of Section 32.21 of this Law
shall apply to combustion of heating fuel in installations
for the incineration of municipal waste with a total rated
thermal input exceeding 20 MW
|
Carbon dioxide |
|
2.
|
Refining of oil, where combustion units with a total
rated thermal input exceeding 20 MW are operated |
Carbon dioxide |
|
3.
|
Production of coke |
Carbon dioxide |
|
4.
|
Metal ore, including sulphide ore) roasting or
sintering, including pelletisation |
Carbon dioxide |
|
5.
|
Production of iron or steel (primary or secondary
fusion), including continuous casting, with a total capacity
exceeding 2.5 tonnes per hour |
Carbon dioxide |
|
6.
|
Production or processing of ferrous metals,
including ferro-alloys, where combustion units with a total
rated thermal capacity exceeding 20 megawatts are operated.
Processing includes, inter alia, rolling mills, re-heaters,
annealing furnaces, smitheries, foundries, coating and
pickling |
Carbon dioxide |
|
7.
|
Production of primary aluminium or alumina |
Carbon dioxide, perfluorocarbons |
|
8.
|
Production of secondary aluminium where combustion
units with a total rated thermal capacity exceeding 20
megawatts are operated |
Carbon dioxide |
|
9.
|
Production or processing of non-ferrous metals,
including production of alloys, refining, foundry casting,
etc. where combustion units with a total rated thermal input,
including the rated thermal capacity for fuels used as
reducing agents, exceeding 20 megawatts are operated |
Carbon dioxide |
|
10.
|
Production of cement clinker in rotary kilns with a
production capacity exceeding 500 tonnes per day or in other
furnaces with a production capacity exceeding 50 tonnes per
day |
Carbon dioxide |
|
11.
|
Production of lime or calcinations of dolomite or
magnesite in rotary kilns or in other furnaces with a
production capacity exceeding 50 tonnes per day |
Carbon dioxide |
|
12.
|
Manufacture of glass including glass fibre with a
melting capacity exceeding 20 tonnes per day |
Carbon dioxide |
|
13.
|
Manufacture of ceramic products by firing, in
particular roofing tiles, bricks, refractory bricks, tiles,
stoneware or porcelain, with a production capacity exceeding
75 tonnes per day |
Carbon dioxide |
|
14.
|
Manufacture of mineral wool insulation material
using glass, rock or slag with a melting capacity exceeding
20 tonnes per day |
Carbon dioxide |
|
15.
|
Drying or calcination of gypsum or production of
plaster boards and other gypsum products, with a production
capacity of calcined gypsum or dried secondary gypsum
exceeding a total of 20 tonnes per day |
Carbon dioxide |
|
16.
|
Production of pulp from timber or other fibrous
materials |
Carbon dioxide |
|
17.
|
Production of paper or cardboard with a production
capacity exceeding 20 tonnes per day |
Carbon dioxide |
|
18.
|
Production of carbon black involving the
carbonisation of organic substances such as oils, tars,
cracker, and distillation residues with a production capacity
exceeding 50 tonnes per day |
Carbon dioxide |
|
19.
|
Production of nitric acid |
Carbon dioxide, nitrous oxide |
|
20.
|
Production of adipic acid |
Carbon dioxide, nitrous oxide |
|
21.
|
Production of glyoxal and glyoxylic acid |
Carbon dioxide, nitrous oxide |
|
22.
|
Production of ammonia |
Carbon dioxide |
|
23.
|
Production of bulk organic chemicals by cracking,
reforming, partial or full oxidation or by similar processes,
with a production capacity exceeding 100 tonnes per day |
Carbon dioxide |
|
24.
|
Production of hydrogen (H2) and synthesis
gas with a production capacity exceeding five tonnes per
day |
Carbon dioxide |
|
25.
|
Production of soda ash
(Na2CO3) and sodium bicarbonate
(NaHCO3) |
Carbon dioxide |
|
26.
|
Capture of greenhouse gases from technological
installations in which one or several of the polluting
activities referred to in this Annex are performed, for the
purpose of transport or geological storage in a storage site
where storage is permitted in accordance with the laws and
regulations regarding the use of subterranean depths and the
performance of polluting activities |
Carbon dioxide |
|
27.
|
Transport of greenhouse gases to a storage site for
which a permit has been obtained in accordance with Directive
2009/31/EC of the European Parliament and of the Council of
23 April 2009 on the geological storage of carbon dioxide and
amending Council Directive 85/337/EEC, European Parliament
and Council Directives 2000/60/EC, 2001/80/EC, 2004/35/EC,
2006/12/EC, 2008/1/EC and Regulation (EC) No 1013/2006, with
the exclusion of those emissions covered by another activity
under this Directive |
Carbon dioxide |
|
28.
|
Geological storage of greenhouse gases in a storage
site where storage is permitted in accordance with the laws
and regulations regarding the use of subterranean depths and
the performance of polluting activities |
Carbon dioxide |
II. Aviation
Activities Included in the European Union Emissions Trading
System
The European Union Emissions Trading System shall include
aircraft flights which are performed by an aircraft operator from
an aerodrome or to an aerodrome situated in the territory of a
European Union Member State, including flights performed only for
the transport, on official mission, of a reigning Monarch and his
immediate family, Heads of State, Heads of Government and
Government Ministers of European Union Member States, except:
1) flights performed only for the transport, on official
mission, of a reigning Monarch and his immediate family, Heads of
State, Heads of Government and Government Ministers, of a country
other than a European Union Member State, where this is
substantiated by an appropriate status indicator in the flight
plan;
2) military flights performed by military aircraft and customs
and police flights;
3) flights related to search, rescue and fire-fighting works
or provision of emergency medical aid, as well as flights which
are performed for the provision of humanitarian aid and which are
authorised by the relevant competent authority;
4) flights performed exclusively under visual flight rules in
conformity with Annex 2 to the Convention on International Civil
Aviation (Chicago Convention);
5) flights terminating at the aerodrome from which the
aircraft has taken off and during which no intermediate landing
has been made;
6) training flights performed exclusively for the purpose of
obtaining a licence, or a rating in the case of cockpit flight
crew where the relevant flight is substantiated by an appropriate
remark in the flight plan and the flight does not serve for the
transport of passengers or cargo, for the positioning or ferrying
of the aircraft;
7) flights performed exclusively for the purpose of scientific
research or for the purpose of checking, testing or certifying
aircraft or equipment whether airborne or ground-based;
8) flights performed by aircraft with a certified maximum
take-off mass of less than 5700 kg;
9) flights performed within the framework of public service
obligations laid down in accordance with Council Regulation (EEC)
No 2408/92 of 23 July 1992 on access for Community air carriers
to intra-Community air routes on routes within outermost regions,
as laid down in Articles 349 and 355 of the Treaty on the
Functioning of the European Union, or on routes where the
capacity offered does not exceed 50 000 seats per year;
10) flights which, but for this point, would fall within this
activity, performed by a commercial air transport operator
operating either:
a) fewer than 243 flights per period for three consecutive
four-month periods; or
b) flights with total annual emissions lower than 10000 tonnes
per year;
11) flights which from 1 January 2013 to 31 December 2030 are
performed by a non-commercial air transport operator operating
flights with total annual emissions lower than 1000 tonnes of
CO2 per year.
III. European
Union Emissions Trading System Activities in the Field of
Maritime Transport
The European Union Emissions Trading System shall include
maritime transport activities covered by Regulation No 2015/757,
except for maritime transport activities covered by Article
2(1)(a) and, until 31 December 2026, by Article 2(1)(b) of that
Regulation. The European Union Emissions Trading System shall
include the following greenhouse gases resulting from maritime
transport activities:
1) carbon dioxide;
2) from 1 January 2026 - methane and nitrous oxide.
IV. Polluting
Activities and Categories of Fuel and Heating Fuel Operators
Covered by the European Union Emissions Trading System for
Buildings, Road Transport, and Additional Sectors
A fuel and heating fuel operator defined in this Law shall
require a greenhouse gas emission permit to release fuel and
heating fuel for consumption regarding the following
activities:
|
No.
|
Activities for which a Greenhouse Gas Emission
Permit is Necessary |
Greenhouse gases |
|
1.
|
The activities covered by the buildings and road transport
sectors which correspond to the definitions laid down in
the 2006 Intergovernmental Panel on Climate Change (IPCC)
Guidelines for National Greenhouse Gas Inventories shall be
as follows:
a) combined heat and power generation plants (source
category code 1A1a ii) and heat plants (source category
code 1A1a iii), insofar as they produce heat for categories
under points (c) and (d) of this paragraph, either directly
or through district heating networks, including for
ensuring the activity process;
b) road transportation (source category code 1A3b),
excluding the use of agricultural vehicles on paved
roads;
c) commercial/institutional (source category code
1A4a);
d) residential (source category code 1A4b).
The activities covered by the additional sectors which
correspond to the definitions laid down in the 2006
Intergovernmental Panel on Climate Change (IPCC) Guidelines
for National Greenhouse Gas Inventories shall be as
follows:
e) energy industries (source category code 1A1),
excluding the categories defined under point (a) of this
Paragraph;
f) manufacturing industries and construction (source
category code 1A2).
|
Carbon dioxide |
|
2.
|
The activities covered by the European Union Emissions
Trading System for buildings, road transport, and
additional sectors shall not include the following
activities:
a) the release for consumption of fuels or heating fuels
used in the activities listed in Part I of this Annex,
except if released for combustion in the activities related
to the transport of greenhouse gases for geological storage
as set out in the table, point 26, of Part I of this
Annex;
b) the release for consumption of fuels or heating fuels
for which the emission factor is zero;
c) the release for consumption of hazardous or municipal
waste used as heating fuel.
|
Carbon dioxide |
Law On Pollution
Annex 3
Diagram for the
Calculation of the Threshold for Animal Material (in Per cent of
Weight of the Finished Product)
[31 January 2013]

Law On Pollution
Annex 4
Conditions in
Relation to Activities not Included in the European Union
Emissions Trading System
[9 June 2016 / Annex
shall be repealed concurrently with the coming into force of the
Economic Sustainability Law. See Paragraph 83 of
Transitional Provisions]
I. Other Sources
of Greenhouse Gas Emissions
1. Energy industry:
a) fuel combustion in stationary technological installations
in which such activities are performed which are not included in
the European Union Emissions Trading System and for which a
greenhouse gas emission permit is not necessary,
b) fuel combustion in mobile sources - road, water, air,
railway, as well as off-road vehicles,
c) non-combustion activities with fossil liquids and solid
fuels from which volatile greenhouse gas emissions emerge.
2. Industrial processes and manufacturing of industrial
products in installations which are not included in the European
Union Emissions Trading System and for which a greenhouse gas
emission permit is not necessary, and in which greenhouse gas
emissions emerge from the use of different materials and raw
materials (mineral resources) in manufacturing of industrial
products, including volatile greenhouse gas emissions.
3. Use of hydrofluorocarbons, perfluorocarbons and sulphur
hexafluoride.
4. Use of solvents and different chemical substances.
5. Agricultural activities, including:
a) management of the land used in agriculture, including use
of different types of fertilisers, liming, urea application,
field burning of agricultural residues,
b) livestock farming, including management of manure and
internal (intestinal) fermentation processes of farm animals,
c) manufacturing of agricultural products.
6. Land use, land-use change and forestry activities,
including:
a) arable land, pasture and meadows, wetland, populated areas
and other infrastructure, and other types of land - preservation
of land use and changes in the land-use type to another land-use
type,
b) burning of biomass,
c) harvested wood products.
7. Agriculture, forestry and wood processing:
a) wastewater management,
b) waste management, including disposal and waste
incineration, except burning of waste for production of
energy,
c) composting.
8. Other activities not mentioned previously.
II. Activities
for Removal of Carbon Dioxide
1. Land use, land-use change activities, including:
a) management of arable land which is any activity performed
according to a complex of measures applicable to land on which
agricultural cultures are grown, and to land which has been left
in fallow or which is temporarily not used for growing crops,
b) management of pastures and meadows which is any activity
performed according to a complex of measures applicable to land
used in livestock farming, and the purpose of which is to control
or influence the quantity and type of vegetation and farm
animals,
c) wetland,
d) populated areas and other infrastructure,
e) other types of land - preservation of land use and change
in the land-use type to another land-use type.
2. Forestry activities, including:
a) afforestation which within the meaning of the Kyoto
Protocol and the legal acts of the European Union is the direct
human-induced conversion of land that has not been forest for a
period of at least 50 years to forest through planting, seeding
and/or the human-induced promotion of natural seed sources, where
the conversion has taken place after 31 December 1989,
b) reforestation which within the meaning of the Kyoto
Protocol and the legal acts of the European Union is any direct
human-induced conversion of land that is not forest to forest
through planting, seeding and/or the human-induced promotion of
natural seed sources, which is confined to land that was forest
but ceased to be forest before 1 January 1990, and which has been
reconverted to forest in the period after 31 December 1989,
c) harvested wood products,
d) deforestation which within the meaning of the Kyoto
Protocol and the legal acts of the European Union is the direct
human-induced conversion of forest to land that is not forest,
where the conversion has taken place after 31 December 1989,
e) forest management which within the meaning of the Kyoto
Protocol and the legal acts of the European Union is any activity
resulting from a system of practices applicable to a forest that
influences the ecological, economic or social functions of the
forest.
1The Parliament of the Republic of
Latvia
Translation © 2025 Valsts valodas centrs (State
Language Centre)