The Movement Of Dangerous Goods Law

Original Language Title: Bīstamo kravu aprites likums

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now

Read the untranslated law here: https://www.vestnesis.lv/ta/id/220516

The Saeima has adopted and the President promulgated the following laws: the law of the movement of dangerous goods in article 1. The terms used in the law, the law is applied in the following terms: 1) — preventive measures and measures taken to reduce to a minimum the theft of dangerous goods or abuse that might pose a risk to persons, property or the environment; 2) dangerous goods — goods which, because of their inherent nature, transport or temporary storage associated with it in the process can cause explosion, fire, human or animal disease, death, poisoning, irradiation or burns , property damage or harm the environment and at the same time that according to this law, referred to in article 3 of the international treaties to be considered dangerous;
3) dangerous goods with special risk potential, loads that could be used in terrorist acts, causing loss of human lives, massive crop damage or other serious consequences, and at the same time that according to this law, referred to in article 3 of the international treaties considered as dangerous goods with special risk potential;
4) movement of dangerous goods — organizational and technological operations (for example, classifying, packing, tank, tank-container or gas tank filling, labelling, documentation, transport, loading, unloading, transport, send, the recipient of the service) to do when transporting dangerous goods by road, rail transport, sea transport, air transport, or a combination of these modes of transport. The movement of dangerous goods include also the temporary storage of goods transport in the interim, they need to change the mode of transport or vehicle (reloading), as well as all the security and protection measures necessary for operations;
5) movement of dangerous goods — members of the dangerous goods involved in the movement of a natural person, legal person or Association of persons. Members of the movement of dangerous goods is the consignor, the consignee, loader, whipper, Packer, iepildītāj, carrier, as well as tank, portable tank or tank operator;
6) dangerous goods transport means used for circulation, packages, containers, tanks, tank, bulk containers (containers for bulk transport);
7) vehicle within the meaning of this law: dangerous goods circulation disposable vehicle, a railway wagon, ship and aircraft.
2. article. The purpose of the law this law aims to ensure a coherent and secure movement of dangerous goods in order to prevent or reduce the risk or damage it could cause to human or animal life or health, property or the environment.
3. article. The scope of the law (1) this law determines questions of competence for all types of dangerous goods and any of the members of the movement of dangerous goods, as well as the movement of dangerous goods control and monitoring mechanisms.
(2) issues related to the movement of dangerous goods governed by this article also third, fourth, fifth and sixth part of those international treaties, as well as other relevant transport regulatory laws.
(3) questions about the movement of dangerous goods and the monitoring of road transport in the area governed by the European Agreement concerning the international carriage of dangerous goods by road (ADR) and Protocol of amendments to this agreement.
(4) the questions of the movement of dangerous goods and the monitoring of the railway the area governed by the 1999 Protocol on 3 June amendments 9 May 1980 Convention concerning international carriage by rail (COTIF) Appendix C "rules for the international carriage of dangerous goods by rail (RID)" annex, but traffic to countries which are not members of the European Union, the International Organization for cooperation of railways on 1 November 1951 agreement on international goods transport by rail (SMGS) Annex 2 "in the transport of dangerous goods regulations".
(5) questions about the movement of dangerous goods and its monitoring in the field of maritime transport is governed by the 1974 International Convention for the safety of life at sea (SOLAS-74 Convention) and its 1978 and 1988 Protocols, that Convention and its protocols provided for binding codes: international maritime dangerous goods code (IMDG Code), the international code for the construction and equipment of ships carrying dangerous chemicals as liquid (IBC Code) , The international code for the construction and equipment of ships carrying liquefied gases as liquid (IGC Code) and international code packaged radioactive nuclear fuel, plutonium and radioactive waste with a high level of radioactivity for safe transport with ships (INF Code).
(6) questions about the movement of dangerous goods and its monitoring in the field of air transport is governed by the Convention on international civil aviation, as well as the international civil aviation Organization Technical instructions for the safe transport of dangerous products by air (ICAO-TI), which the said Convention lays down binding.
(7) this law does not apply to the order in which the armed forces organizes the transport of dangerous goods for the purposes of national defence with vehicles belonging to the armed forces or released to their custody.
4. article. Dangerous goods of General requirements for members of the movement of dangerous goods in the performance of their duties, comply with the movement of dangerous goods, the applicable requirements laid down in article 3 of this law, specified in international agreements, as well as the regulations on the carriage of goods by road, rail, maritime transport and aviation.
5. article. The competence of the Ministry of transport of dangerous goods movement (1) coordinates the Ministry of transport of dangerous goods, under the supervision and control of the participating State and local institutions and merchant activity dangerous goods movement and as the coordinating body shall cooperate with the international organizations and institutions in other countries.
(2) the Ministry of transportation is this law referred to in article 3 of the international treaties that the competent authority, unless this Act provides otherwise.
6. article. Competence of the Ministry of the environment movement of dangerous goods in the field of (1) the Ministry of the environment in accordance with the waste management regulations governing monitored the movement of hazardous waste, which are classified as dangerous goods.
(2) the Ministry of the environment has this law specified in article 3 of the international treaties that the competent authority with radioactive cargo movement.
7. article. The competence of the Ministry of the economy of movement of dangerous goods of the economic Ministry has this law referred to in article 3 of the international treaties referred to the competent authority as regards the circulation of dangerous goods transport means used for conformity assessment systems of coordination and technical supervision of dangerous equipment in order.
8. article. The competence of the Ministry of the Interior movement of dangerous goods in the field of the control of the Ministry of the Interior of this Act specified in article 3 of the international agreements specified dangerous goods with special risk potential measures of planning and implementation.
9. article. The competence of the Ministry of Agriculture of the movement of dangerous goods (1) Ministry of agriculture, in accordance with the laws and regulations on animal by-products and derived products not intended for human consumption, and their movement is monitored and controlled by the animal by-products and derived products not intended for human consumption and are classified as dangerous goods.
(2) the Ministry of agriculture is the law specified in article 3 of the international treaties that the competent authority of such animal by-products and derived products circulation issues, not intended for human consumption and are classified as dangerous goods.
10. article. The movement of dangerous goods Advisory Council (1) to ensure the coordination of the movement of dangerous goods traffic, the Ministry establishes a chain of dangerous goods Advisory Council (hereinafter Council). The Council is composed of the Ministry of defence, the Ministry of Economy, Ministry of finance, the Ministry of Interior, regional development and local government Ministry, the Ministry of transport, Ministry of environment and Ministry of agriculture, as well as the sectoral representatives of non-governmental organizations that involve movement of dangerous goods.
(2) the Council shall: 1) prepare proposals on State policy priorities for the movement of dangerous goods;
2) encourage dangerous goods safety national policy and dangerous goods for the production development policy coordination;
3) evaluate the proposals and recommendations regarding the movement of dangerous goods regulatory laws;
4) prepare proposals for the following dangerous goods accident prevention measures;
5) collects and analyzes the dangerous goods control and monitoring measures and develop appropriate proposals.
11. article. The movement of dangerous goods control (1) the control of movements of dangerous goods legislation provide for the carriage of goods by road, rail and maritime transport and aviation in certain State institutions (hereinafter referred to as the institutions).
(2) the institutions that control the movement of dangerous goods, in addition to the regulations rights have the following rights:

1) to carry out inspections to monitor compliance with this law;
2) if there is a suspected dangerous goods requirements, movement — organise free cargo sampling their research;
3) to request and receive, free of charge from the movement of dangerous goods to members information on the movement of such goods;
4) dangerous goods movement control, if necessary, call upon independent competent authorities or experts;
5) if the offences of dangerous goods transport security threat to circulation, creating a risk to human or animal life or health, property or the environment, dangerous goods, ask participants to complete the circulation failures to stop transactions with such goods.
(3) the Cabinet of Ministers shall lay down the procedures for the implementation of this article in the second paragraph of the said rights, the order in which stops the circulation of dangerous goods, open vehicles and freight containers, samples, perform analyses, eliminate conflict, move and keep conveyances, cargo containers and vehicles, as well as cover the costs associated with it.
(4) the cabinet shall determine the dangerous goods with special risk potential life protection measures planning, implementation and control procedures.
12. article. The obligation to bear the expenses of irregularities in the course of dangerous goods dangerous goods movement which, in accordance with the appraisal decision has violated this Act or any other movement of dangerous goods regulatory requirements, legislation covers all control during the sampling, analysis, transport means, the cargo container and vehicle removal and storage, as well as the prevention of infringements detected.
1. Transitional provisions this law, article 11, the second subparagraph shall apply from 1 July 2011.
2. the Cabinet of Ministers until 30 June 2011 manages this law, article 11 on the third and fourth part of these provisions.
The law shall enter into force on January 1, 2011.
The Parliament adopted the law on 14 October 2010.
President Valdis Zatlers in Riga V. 3.2010 November