Civilian Uses For The Circulation Of Explosives Act

Original Language Title: Civilām vajadzībām paredzētu sprāgstvielu aprites likums

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Read the untranslated law here: https://www.vestnesis.lv/ta/id/221395

The Saeima has adopted and the President promulgated the following laws: Civil needs for explosive movement law chapter I General provisions article 1. The terms used in the law, the law is applied in the following terms: 1) explosives and explosive components — the movement of explosives and explosive components for the manufacture, labelling, enforcement, acquisition, storage, use, export, import, transit, transport, moving, removal and destruction of the listing;
2) explosives and explosive components: storage blasting explosives and the holding of the installations, subject to certain requirements;
3) explosives and explosive components — the movement of explosives and explosive components for the transfer or transport from one Member State of the European Union or the European economic area country to another Member State of the European Union or the European economic area;
4) explosives and explosive components — manufacture of explosives and explosive components of designing, testing, industrial or individual making the exercise with your brand name or trade mark. Explosives, which he made for the same purposes the blasting site and used immediately after production, shall not be considered as made (produced);
5) explosives and explosive components — exercise of explosives and explosive components of the sale or other transfer of property of another person, to be distributed for consideration or free of charge;
6) explosive, chemical compound, mechanical mixture of chemical compounds or solutions that external factors quickly responds by distributing large quantities of gas or heat;
7) explosive device — a feature that provides a set of explosions from a place and at a time, or specific effects (attacks and launching devices, detonators).
2. article. The purpose of the law this law aims to provide natural and legal persons, the rights and obligations relating to explosives and explosive movement of civil guards needs in Latvia, as well as explosives and blasting appliances sliding requirements to guarantee public safety, human health, property and the environment, as well as the professional user security.
3. article. The scope of the law (1) of the Act applies to blasting explosives and appliances, which are regarded as such under the European Agreement on the international carriage of dangerous goods by road (ADR), the international maritime dangerous goods code (IMDG Code), 3 June 1999, Protocol on amendments 9 May 1980 Convention concerning international carriage by rail (COTIF) of Appendix "C", "rules for the international carriage of dangerous goods by rail (RID) ' attachment The international railway cooperation organization of 1 November 1951 agreement on international goods transport by rail (SMGS) Annex 2 "in the transport of dangerous goods regulations", the Convention on international civil aviation (the Chicago Convention), annex 18. "carriage of dangerous goods by air", the international civil aviation organisation (ICAO) technical instructions for the safe transport of dangerous goods by air (Doc 9284 ICAO TI.) and within those documents specified dangerous goods of class 1 (other than pyrotechnic articles of ammunition and firearms).
(2) military explosives and explosive components of commercial movement determines the strategic movement of regulatory laws.
(3) to the gunpowder law relates to only part of the manufacture of explosives.
4. article. (1) prohibition is prohibited in Latvia: Latvia 1) binding international agreements restricted components of explosives and explosive movements, except their removal and disposal;
2) explosives and explosive components on the market, the implementation of which has not undergone conformity assessment in accordance with this Act;
3) safety requirements for explosive substances and compliant blasting guards ensured;
4) unmarked explosives and explosive guards.
(2) natural persons are prohibited to make, buy, store, carry, perform, transfer, transport and use of explosives, explosive devices and their components.
(3) legal persons are prohibited to make, buy, store, perform, transfer, transport and use of explosives and explosive devices.
(4) the second and third subparagraphs shall not apply the prohibition imposed on operators who have been granted a special permit (license) for the purpose of commercial explosives and blasting appliances, and national institutions, which the right to purchase and use in explosives and blasting rigs assigned in accordance with the law, as well as to the economic operators and national authorities, which shall take appropriate actions with the explosives and firing installations, performance of job responsibilities.
Chapter II explosives and bomb components for conformity assessment, marking and safety requirements of article 5. Explosives and blasting guards conformity assessment (1) before an explosive or explosive devises a first implementation of the Member State of the European Union or the European economic area on the market or use, whether for a consideration or free of charge to the manufacturer or importer receiving explosives or blasting rigs of the conformity assessment certificate.
(2) explosive and blasting guards conformity assessment certificates issued by the Member States of the European Union or the European economic area countries accredited conformity assessment bodies.
6. article. Explosives and blasting guards conformity assessment bodies and their sliding requirements (1) explosive and blasting in Latvia 23 conformity assessment carried out by the accredited institution, a society with limited liability "the standardization, accreditation and Metrology Centre" Latvian National Accreditation Bureau (hereinafter referred to as the Latvian National Accreditation Bureau).
(2) the Ministry of the economy shall inform the European Commission, the Member States of the European Union and European economic area countries of those accredited institutions, which granted rights to make explosives and explosive guards in the conformity assessment. Information the identification numbers, which the authorities granted by the European Commission.
(3) the Ministry of the economy, getting the Latvian National Accreditation Bureau in a statement that the institution accreditation is suspended or cancelled, it shall inform the European Commission, the Member States of the European Union and European economic area countries.
(4) explosive and blasting guards for conformity assessment body sliding down the requirements, the Cabinet of Ministers.
7. article. Explosives and blasting guards labelling All explosives and explosive devices that are manufactured or imported and exported in Latvia, from Latvia, are marked with the CE European mark of conformity, as well as additional marked with special markings, except the explosives, transported and delivered in bulk in the vehicle from which they are extracted and added to the direct firing.
8. article. Explosives and explosive components of the conformity assessment procedures and marking of explosives and explosive components and marking of conformity assessment procedures shall be determined by the Cabinet of Ministers.
9. article. Explosives and blasting guards safety requirements for Explosives and blasting appliances safety requirements laid down in the adoption by the Cabinet of Ministers.
Chapter III commercial licensing article 10. Special permission (license) (1) To deal with, blasting explosives and explosive components manufacture, export, import, transit or transfer, you need a special permit (license).
(2) the first paragraph of this article of the special permission (license) issued by the State police, which for this purpose shall establish licensing Commission of not less than five persons.
(3) the National Police Commission issued the following licensing of special permissions (licenses): 1) special permit (license) for carrying out blasting, which gives the right to perform blasting operations, as well as to acquire and keep blasting requires explosives and explosive devices;
2 special permission) (license) explosives and explosive components, which makes the exercise of the right to dispose of explosives and explosive devices, as well as deal with explosives and explosive components handling, export, import and transit;
3 special permission) (license) explosives and blasting for the construction of the installations, which gives the right to deal with explosives and explosive components manufacture, transfer, import, export, and transit.
(4) the operator shall receive special permission (license) duplicate, if special permit (license) is damaged, lost or stolen, and repeated special permission (license), if you changed the special permission (license) the data given on the merchant or installed, other explosives and bomb-making components, storage or disposal site.

(5) The special permission (license), they duplicate and repeated special permissions (licenses) of the issuing State fee is payable.
(6) details of special permits (licenses), the licensed operator of the managers and the persons who occupy positions in the governing bodies of economic operators, as well as for the employees, subject to the limitations provided for in this Act, register the National Police Information Centre of the Ministry of the Interior's register of licences and certificates. The amount of news to be included, use and deletion, as well as institutions to be granted access to this information in the register shall be determined by the Cabinet of Ministers.
(7) the requirements for special permissions (licenses) and special permissions (licenses) performed during the operation, the order in which the operator shall issue a special permit (licence), a duplicate or repeat special permission (license), revoke the special permission (license), suspend the special permissions (licenses), as well as the special permissions (licenses), a duplicate and repeated special permissions (licenses) of the issuing State toll payable and arrangements for payment shall be determined by the Cabinet of Ministers.
11. article. Special permission (license) issued restrictions (1) special permission (license) issued by individual merchants and corporates, if on the individual merchant or persons who occupy positions in the governing bodies of the merchant, and the merchant's employees directly related to explosives and bomb-making components, storage, accounting, marketing or where blasting operations, are not covered in the second part of this article, certain limitations.
(2) special permit (licence) issued to the operator to be prohibited: 1) If a sole proprietor or a person who occupies a position in the administrative organ of the merchant, or the merchant's employee, directly linked to the explosives and bomb making components, storage, exercise or blasting operations: a) is convicted of committing a criminal offence, criminal history, prior to the deletion or removal, b) is convicted of a criminal offence, release from punishment, — until the passed year after ruling on the release of the entry into force of the Penal , c) is exempt from criminal liability, — until the year has elapsed after the date of entry into force of the decision, d) is conditionally released from criminal responsibility, — while not passed inspection, e) suspected or accused of committing a crime is punished by administrative, f) for explosives and blasting the chain the installations regulations, alcoholic beverages, drugs, or other intoxicating substances in infringements, waiver of medical tests to determine alcohol content from the illicit manufacture of narcotic drugs or other intoxicating substances, the impact test for petty hooliganism or malicious defying police authorities, border guard or militia of the employee's legitimate order or requirement, — until the year has elapsed after the execution of the administrative penalty, g) is a person with diagnosed mental disorders, h) is a person diagnosed with alcohol, narcotic, psychotropic or toxic substances, i) is a person for whom the State police or public security authorities is a validly obtained and verified information that shows the person's affiliation with the banned paramilitary or armed formations, political parties or public organizations (associations), their associations or movements, which embarked on a public action before their registration or continue the operation after it has been suspended or terminated by the Court ruling, as well as of belonging to organized crime groups.
2) which cancelled special permit (license) for the purpose of commercial explosives and blasting or commercial appliances with weapons, ammunition, special funds or pyrotechnic articles, while not passed year after its cancellation;
3) which is a legal person, which last year reversed a special permit (license) for the purpose of commercial explosives and blasting or commercial appliances with weapons, ammunition, special funds or pyrotechnic articles;
4) which members of the administrative organ or official is the individual who had the sole proprietor or the operator's participants, which last year reversed a special permit (license) for the purpose of commercial explosives and blasting or commercial appliances with weapons, ammunition, special funds or pyrotechnic articles, or post such a merchant governing body.
12. article. Special permission (license) the suspension and cancellation (1) special permission (license) may be suspended national police for up to 60 days if: 1) has reason to believe that the operator's action threatens national security, stability, international commitments, public safety or order, the environment, human life, health or property — to make and get the opinions of the competent authorities;
2) merchant has violated explosives and bomb-making components, enforcement, storage, carrying, use, or transfer provisions — to stop and prevent violations.
(2) the National Police Commission of licensing is entitled to revoke the special permission (license), if: 1) found in article 11 of this law set out in the special permission (license) the limitations of the service;
2) is revealed in the fact that the operator's action threatens national security, stability, international commitments, public safety or order, the environment, human life, health or property;
3) merchant has not prevented a deadline of the first paragraph of this article, paragraph 2;
4) special permission trader (license) for deliberately providing false information;
5) merchant eliminates or suspended for a period longer than 60 days.
13. article. The decision on the appeal against the decision of refusal to issue a special permit (license) for the special permission (license) the suspension or special permissions (licenses) cancellation may be challenged, and to appeal to the administrative procedure law. The decision on the special permission (license) the suspension or withdrawal of the opposition and appeal shall not suspend its activity.
Chapter IV the explosives and blasting guards movement provisions article 14. Explosives and explosive components manufacture (1) merchant who received special permission (license) explosives and blasting for the construction of the installations, you can make explosives and blasting rigs, subject to the following conditions: 1) explosives and explosive devises are manufactured specially fitted in place, the address given special permission (license);
2) explosives and explosive raw materials keep guards in circumstances where they are not available to other persons;
3) explosives and explosive components manufacturing site provides the conditions that prevent the environment, human life, health or property risks.
(2) explosives made in such a way that when appropriate techniques, they can be disposed of in a manner that reduces the impact on the environment. Article 15. Explosives and blasting guards enforcing merchant who received special permission (license) explosives and explosive guards excercise, explosives and blasting rigs marketed under the following conditions: 1) explosives and blasting rigs marketed only specially equipped premises, which address the special permission (license);
2) explosives and blasting rigs marketed the entities that received the law referred to in article 10 of the special permission (license), or public authorities, which by law to granted rights to purchase, store, and use in explosives or explosive devices.
16. article. Blasting works (1) merchant who received special permission (license) to conduct blasting, blasting shall be carried out under the following conditions: 1) blasting operations shall perform instructs an employee who received a certificate of this bomber, in accordance with the procedure prescribed by law;
2) blasting jobs drive instructs the employee who received the blasting operations manager certificate in accordance with the procedure laid down in this Act;
3) blasting operations shall ensure the conditions that prevent the environment, human life, health or property risks.
(2) blasting operations and coordination arrangements, as well as work out limits determined by the Cabinet of Ministers.
Article 17. Explosives and blasting guards Merchants will have the right to buy explosives and explosive devices, and to deal with them under a special permit (license) for the specified type of activity.
18. article. Explosives and explosive storage installations (1) Merchant stores of explosives and blasting rigs especially installed in a warehouse at the address given in the special permission (license).
(2) the merchant and blasting explosive devices kept, subject to the following conditions:

1) explosives and explosive devices stored in the permitted storage location and in such quantities that do not exceed the special permission (license) the quantity;
2) explosives and explosive devices stored in circumstances where they are not available to other persons;
3) explosives and explosive guards in the site provides the conditions that prevent environmental, human life, health or property risks.
(3) the operator is prohibited to store explosives and explosive devices, which have no certificate of conformity assessment, which is not marked and does not meet safety requirements. This prohibition does not apply to explosives and bomb components, which are used for research, development and testing, if the product or its packaging is a clear indication of such non-compliance and the purpose of the manufacture.
(4) it is prohibited to ask the operator to make explosives and explosive components, service, storage and accounting of employee who has not received a certificate in law also.
19. article. Explosives and explosive components manufacturing, acquisition, storage and enforcement arrangements of explosives and explosive components for the manufacture, acquisition, storage and enforcement procedures and restrictions determined by the Cabinet of Ministers.
20. article. Explosives and blasting guards transport, transfer, export, import and transit (1) explosive and blasting guards transfer, export, import and transit transaction in accordance with the strategic movement of goods Act requires a strategic goods export, import and transit license and previous consent document the transfer of explosives between Member States of the European Union and European economic area countries.
(2) the requirement that the incumbent operator to explosives and bomb components in the transport shall be determined by the Cabinet of Ministers.
21. article. Explosives and blasting guards records (1) the operator is obliged to provide explosives and bomb components.
(2) the cabinet shall determine the components of the explosives and blasting accounting procedures.
(3) the operator is responsible for explosives and explosive components accounting policy compliance and provide explosives and blasting guards illegal movement.
22. article. Explosives and blasting the removal and destruction of the installations (1) explosive and blasting rigs retired State police: 1) where explosives and blasting appliances conformity assessment has not been carried out, they are not marked, or does not meet safety requirements;
2) if special permission (license), its activity stopped or special permit (license) is annulled;
3) in accordance with the Court ruling.
(2) explosives and explosive devices destroyed national armed forces: 1) at the request of national authorities;
2) after explosives and blasting at the request of the owner of the installations where explosives and blasting rigs have become unsafe or unfit for use;
3) in accordance with the Court ruling.
(3) explosives and explosive components removal and disposal procedures established by the Cabinet of Ministers.
(4) the order in which the State fee payable for explosives and explosive destruction of the installations at the request of the holder, and these fees shall be determined by the Cabinet of Ministers.
23. article. Explosives and explosive components of the sample submission (1) Merchant must submit to the national police in Latvia imported explosives and explosive components, as well as blasting work mixture used for samples. It includes the national police peer sample collection.
(2) the order in which the economic operator will be submitted to the national police in Latvia imported explosives and explosive components, as well as blasting work, samples of the mixture to be used is determined by the Cabinet of Ministers.
Chapter v Bombers and blasting operations manager certification article 24. Certificate and bombers blasting the foreman's certificate (1) for the physical person empowered to deal with explosives and blasting appliances in accordance with the procedure laid down in this Act, it shall receive the bombers a certificate certifying the person's professional competency in blasting work.
(2) the physical person empowered to conduct blasting operations, it receives the blasting operations manager's certificate certifying the person's professional competency in blasting work.
(3) if the person's certificate or bombers blasting the driver's certificate or equivalent to the person's professional competency certificate received in a foreign country, and it is recognized in the law "on the regulated professions and the recognition of professional qualifications" in the order, it has the same rights as the first or second paragraph.
(4) the certificate of the bombers are entitled to at least 18 years of age reached individuals who received adequate professional development program and passed the qualification test, if they are outside the scope of this law, article 11, paragraph 1, second subparagraph the limits imposed.
(5) where blasting is the driver's certificate is entitled to at least 21 years of age, persons who have attained an educational qualification of engineer mountain acquired or received adequate professional development program and passed the qualification test, if they are outside the scope of this law, article 11, paragraph 1, second subparagraph the limits imposed.
(6) certificate of Bombers and blasting foreman's validity period is five years.
(7) On the certificate or the bombers blasting the driving certificate, duplicate it and resubmit the certificate is issued for the duty payable.
(8) certificate of Bombers and blasting foreman's certificate, certificate for bombers or work driver of blasting certificate, duplicate it and resubmit the certificate is issued the national toll to be paid and the payment arrangements as well as the institutions that adopt the bombers and blasting the driver qualification test shall be determined by the Cabinet of Ministers.
25. article. Bombers blasting certificate and certificate revocation of the driver (1) State police withdrawing bombers blasting certificates and driver's certificate to a person covered by article 11 of this law, the second subparagraph of paragraph 1, the restrictions.
(2) certificate and bombers blasting the foreman's cancellation of the certificate procedure determined by the Cabinet of Ministers.
26. article. Bombers and blasting certificate manager certificate in accounting (1) news of the bombers and blasting operations manager certificates recorded the national police information centre Ministry of the Interior's register of licences and certificates.
(2) the Ministry of Interior information center of licences and certificates to be registered in the Register message volume, inclusion, use and deletion, as well as institutions to be granted access to this information in the register shall be determined by the Cabinet of Ministers.
Chapter VI liability insurance and explosives and blasting guards monitoring the circulation of article 27. The obligation of indemnification, the trader who received this law referred to in article 10 of the special permission (license) is obliged to pay the damages to third parties, which it did with his action or inaction.
28. article. Civil liability (1) the operator who received this law referred to in article 10 of the special permission (license), there is an obligation to insure their civil liability for acts or omissions of third party damage to life and health, and damage to the property of third parties, as well as the existence of compulsory third party insurance to inform the special permissions (licenses) vendor.
(2) third party property damage is evaluated pursuant to the principle of compensation according to the law "on insurance contracts". The amount of the claims is determined by agreement between the parties.
(3) If, after the insurance case, the loss is suffered by several persons and exceeds the insurance contract (policy) defined the limits of liability, the insurance indemnity is calculated for each applicant in proportion to the injury suffered by him to the extent that the total remuneration to be paid shall not exceed the insurance contract (policy) for one insurance event specified limits of liability.
(4) civil liability insurance policy and limit is determined by the Cabinet of Ministers.
29. article. Explosives and explosive components of the movement control (1) the State police and the State revenue service, the Customs authorities shall check that the market be realized only explosives and blasting rigs that have a conformity assessment certificate, European CE mark of conformity marking and special markings.

(2) national police, judicial police, State fire and rescue service and the State Department of the environment within the limits of its competence control of explosives and bomb-making components, enforcement, storage and transport rules.
1. Transitional provisions this law article 7 requirements for explosives and blasting guards special markings applied by 5 April 2012.
2. special permission (license) and business registration certificate with explosives, issued before the date of entry into force of the law, in force until their expiry date. Special permission (license) the merchant request 30 days prior to the special permission (license) to the specified expiry date. In this case, the special permission (license) the State fee for the issue applies to the extent intended for re-use permission (license).
Informative reference to European Union directives, the law includes provisions deriving from Council of 5 April 1993 of Directive 93/15/EEC on the harmonisation of the provisions relating to explosives for civil uses the placing on the market and monitoring.
The law shall enter into force on January 1, 2011.
The law in the Parliament adopted the 2010 October 28.
President Valdis Zatlers in Riga of the 2010 November 17.