Amendments To The Law "on Pollution"

Original Language Title: Grozījumi likumā "Par piesārņojumu"

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Read the untranslated law here: https://www.vestnesis.lv/ta/id/233957

The Saeima has adopted and the President issued the following law: amendments to the law "on pollution" make law "on pollution" (Latvian Saeima and the Cabinet of Ministers rapporteur, 2001, no. 9; 2002, 16; 2004, nr. 2. No; 2005; 2006, nr. 5, 9. No; 2007, 21, no no, 12, 2009; Latvian journal, 2009, no. 205; 2010, no. 104, 206) the amendments are as follows: 1. Article 1: Add to 3.2 point with the following sentence: "this Act shall apply to the operator of the aircraft, which the administering Member State in accordance with the European Commission on 5 august 2009, Regulation (EC) no 748/2009 on their aircraft operators list, which on 1 January 2006 or after that date are made by EC Directive 2003/87 Annex I lists the aviation activities, each aircraft operator specifying the administering Member State (text with EEA relevance) is Latvia; ";
Supplement to the article 3.4 point as follows: "izsolīšan 34) emissions — emissions allocation way according to the European Commission 12 November 2010 to Regulation (EU) no 1031/2010 for greenhouse gas emission allowance auction timing, administration and other aspects in accordance with Directive 2003/87/EC of the European Parliament and of the Council establishing a scheme for greenhouse gas emission allowance trading within the Community (text with EEA relevance);";
Add to article 4.1 and 4.2 of the point as follows: "41) carbon dioxide (CO2), carbon dioxide storage flow suction, ensuring complete and permanent inclusion of geology;
42) carbon dioxide streams — the flow of substances that results from carbon dioxide capture processes; ";
Add to article 11.1 and 11.2 points with the following wording: "111) the place of storage: fixed volume area geologic structure, used for the storage of carbon dioxide and related surface and suction equipment;
112) vertical water layer continuous vertical mass of water from the surface of the water to the water bottom sediments; ".
2. Express 3 the first paragraph of article 7 of the following paragraph: "7) requirements should be taken into account in the issue of greenhouse gas emissions, as well as assigning permissions and the emission quota auction;".
3. To supplement the law with article 8.1 as follows: "article 8.1. Carbon capture and storage in the territory of Latvia, its exclusive economic zone and continental shelf are prohibited in carbon dioxide storage in geological structures, as well as the vertical water layer. "
4. Add to article 11, the second paragraph with the following paragraph 18: "18) procedures for ensuring the flow of carbon dioxide transport by pipeline to storage sites, as well as the carbon dioxide stream purity criteria and procedures in the present disputes about access to transport networks and storage sites."
5. in article 32.1: express the sixth and seventh subparagraph as follows: "(6) the list of Equipment includes stationary technological equipment, which made this law, referred to in annex 2 of the polluting activities, as well as in technological equipment, which issued its greenhouse gas emissions permit of this law, in the third paragraph of article 24.1. The list of the equipment determines the annual free emission allowance allocation between operators.
(7) the list of equipment developed according to European Union emission allowance allocation, as well as taking into account the provisions of the Cabinet of Ministers of the free allocation of emission quotas for the production of electricity, if the Cabinet of Ministers adopted a decision to support the free allocation of emission quotas for the production of electricity. ";
Add to article at the eighth, ninth, tenth and eleventh subparagraph by the following: "(8) in order to prepare a list of the equipment, the operator under the protection of the environment and regional development Ministry to submit the request to the relevant regional environmental administration full and check the information needed to calculate the free allowances for that installation. The information submitted on the machine during the period from 1 January 2005 to 31 December 2010. Regional environmental authority shall take a decision on the approval of the information submitted.
(9) in the eighth, part of this article that information be verified and certified pursuant to requirements that the annual report on greenhouse gas emissions testing and approval of regulations laid down for the procedure in the monitoring of greenhouse gas emissions, as well as being checked and approved the annual report on greenhouse gas emissions.
(10) the regional environmental Board approved the submission of the information provided for the protection of the environment and regional development Ministry.
(11) after the equipment list is approved by the Cabinet of Ministers of the environment and regional development Ministry, submit it for approval to the European Commission. "
6. in article 32.2: make the third paragraph as follows: "(3) to 2012 January 1, the operator shall receive allowances free of charge. Starting with January 1, 2012, aircraft operators and, from 1 January 2013, operators, other than allowances allocated free allowances, auctioned. ";
Add to article 3.1, 3.2 and 3.3 of the part as follows: "(31) the financial means obtained the auction referred to in the third subparagraph the emission quota (hereinafter referred to as the auction proceeds), including a Treasury in the open country the general revenue account, according to the national classification of budget revenue.
(32) in the State budget for the current year and long-term commitment in future years for funding this article 4.4 for the purposes referred to in part a grant from the general revenue, a separate environmental protection and regional development Ministry in the budget (subprogramme) according to prior years and acquired the unused auction revenue.
(33) this article 3.2 of the programme referred to in (sub) the artist is the protection of the environment and regional development Ministry. ";
make part of this version 4.4: "(44) auction revenues is used to mitigate climate change and to ensure that adaptation to climate change, including: 1) greenhouse gas emission reduction or limitation of energy, industry, transport, agriculture and waste management sectors, the project and the funding of financial instruments, the purpose of which is: (a) to raise the building or technological) the energy efficiency of equipment and vehicles, b) to expand the use of renewable energy, c) promoting adaptation to climate change at national and regional level , including the financing of projects involving implementation of extreme weather pilotpasākum the negative impact and prevention;
2) greenhouse gas emission reduction or limitation, as well as the ability to adapt to climate change, the project and the funding of financial instruments, the purpose of which is: (a)) develop environmental technologies, energy efficiency, renewable energy, reducing greenhouse gas emissions to the technological processes or adaptation to climate change, b) implement climate policy measures aimed at reducing greenhouse gas emissions and adaptation to climate change as well as preparing the integration of the different sectors, the necessary research, planning and technical documents, c) to implement educational measures that result in improved public awareness and knowledge on climate change and measures to reduce them and enable adaptation to climate change, and which contribute to the change of consumer habits, as well as to promote low-carbon economic development in Latvia;
3) of the Convention and its Kyoto Protocol, as well as other international commitments of greenhouse gas emissions;
4) the participation of Latvia in the European Union emission trading scheme, ETS izsolīšan process assurance to cover administrative costs. "
Add to article 4.5, 4.6 and 4.7 of the part as follows: "(45) the auction shall take into account the use of the revenue impact not only on the quantity of greenhouse gas emissions, but also on the quality of the environment as a whole, including other pollutant emissions, transboundary air pollution, natural habitats.
(46) the use of auction proceeds this article 4.4 parts 1 and 2, for the purposes referred to in paragraph provides, through the open project submission contest. The Cabinet of Ministers issued the open project submission contest regulations, which determines the application of the project assessment criteria projects application submission, review, approval, and funding arrangements, as well as project implementation, reporting and verification procedures.

(47) the protection of the environment and regional development Ministry prepares and, starting in 2013, up to the current year's April 1 submitted to the Cabinet a report on the information the use of auction revenue in the previous year, including information on the measures financed, for the reduction of greenhouse gas emissions, of which the progress made in ensuring adaptation to climate change, as well as on the improvement of the quality of the environment as a whole. "
Supplement fifth subparagraph following the words "the relevant period" with the words "free of charge" to be allocated;
replace the words "the sixth part of the greenhouse gas emissions of the unit" with the word "issue";
to supplement the article with the seventh subparagraph by the following: "(7) the cabinet shall determine the order in which provide Latvia for greenhouse gas emission allowance izsolīšan."
7. Express article 32.4 the following: ' article 32.4. Greenhouse gas emission unit register (1) the emission quota transactions are carried out electronically using emission register, which is created and maintained by the European Commission. Emission register is available to the public online.
(2) the register of Emissions accumulated emissions and greenhouse gas emissions unit granted in accordance with the provisions of the Convention and the Kyoto Protocol, making the greenhouse gas emissions and emissions per unit allocation, transfer, transfer, substitution, cancellation and deletion procedures.
(3) the national emissions registry administrator in accordance with the European Commission of 7 October 2010 Regulation (EU) No 920/2010 for a standardised and secured system of registries pursuant to Directive 2003/87/EC of the European Parliament and of the Council and the European Parliament and of the Council and decision No 280/2004/EC (text with EEA relevance) is a public limited liability company "Latvian environment, geology and Meteorology Centre" (hereinafter referred to as national administrator). The public administrator shall take account of the State of Latvia, Latvian operator account, Latvian aircraft operator account and emissions under the jurisdiction of Latvia register account administration.
(4) the public administrator provides limited access information protection laws. "
8. in article 44.1: Add to the introductory part of the fifth paragraph after the word "members" in words and figure "(natural persons), except that the participation of shareholders in the company's share capital is less than 10 percent of the company's share capital, prokūrist";
make the fifth subparagraph of paragraph 2 as follows: "2) is not punished for committing a criminal offence;"
make the fifth subparagraph of paragraph 7 as follows: "7) is not the defendants in criminal proceedings;"
Supplement fifth with 8, 9, 10 and 11 by the following: ' 8) are not exempt from criminal liability under the criminal law, article 58 — earlier than one year after the entry into force of the decision;
9) is relatively spared from criminal liability under the criminal law, article 58.1 — before the expiry of the probationary period;
10) is not exempt from penalties under the criminal law, article 59, a year after the earlier of the ruling on the release of a fine entry into force;
11) they did not fit the suspect's status in criminal proceedings for serious or particularly serious crime. "
to complement the seventh part 3 after the word "members" in words and figure "(natural persons), except that the participation of shareholders in the company's share capital is less than 10 percent of the company's share capital, prokūrist";
to make an eighth of the following: "(8) a licence is cancelled, if the economic operator within three months from the date of the decision on the suspension of the licence is not distracted in the seventh part of this article, these abuses or to merchant's application."
9. Article 45 of the 7.1 part: to exclude the words "and the public";
Add to part with the sentence the following wording: "the Civil Aviation Agency collects aircraft operator annual reports specified emissions volume and the number of tonne-kilometres and made public their homepage on the internet."
10. transitional provisions: replace paragraph 11, the words "March" and "April" with the word "June";
transitional provisions be supplemented with 30, 31, 32 and 33 as follows: "Cabinet of Ministers 30. up to 15 august 2011, adopt a decision to support the free allocation of emission quotas for the production of electricity or the decision on the refusal of such aid. If the Cabinet decides to support the free allocation of emission quotas for the production of electricity, it issued this law 32.1 the seventh subparagraph of article for these provisions.
31. This law 32.1 the eighth article that information be submitted: 1) operator — up to 15 august 2011;
2) regional environmental management — up to 30 august 2011.
32. This law shall apply to article 8.1 2012 31 December.
33. The Cabinet of Ministers up to 31 December 2011 shall decide on operators not assigned this law, in article 24.1 of the fifth part 2 the period laid down in point emission allowance sales or withdrawal. If the decision is taken to sell allowances, the cabinet shall determine the emission allowance sales and funding arrangements. "
11. Express 1.1 paragraph 1 of the annex to the introductory paragraph by the following: "1. The European Union emission trading system included aircraft flights from the aerodrome or airfield, located in the territory of a Member State of the European Union, carried out an aircraft operator, including flights, carried out in the Member States of the European Union, the reigning monarch and his/her immediate family, heads of State, heads of Government and Government Ministers for transport of official missions, except:".
The law shall enter into force on the day following its promulgation.
The Parliament adopted the law of 14 July 2011.
The President a. Smith in Riga august 3, 2011 in