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/203000

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, journal, 2009, 82 no) the following amendments: 1. Replace the words "the whole law Latvian environment, geology and Meteorology Agency" (fold) with the words "public limited liability company" Latvian environment , geology and Meteorology Centre "(the fold).
2. in article 1: Add to articles 3.2 and 3.3 of the point as follows: "32) aircraft operator: a person who performs and operates air services aircraft at the time it carried out this Act 1.1 the aviation activities specified in the annex, or, if that person is unknown or the owner of the aircraft it has indicated, — aircraft owner;
33) commercial air transport operator: the person operating the air service and for remuneration or provide regular non-scheduled air transport services through the carriage of passengers, freight or mail services; ";
Add to article 10.2 of the point as follows: "102) greenhouse gas emissions: the greenhouse gas emissions into the atmosphere of this law listed in annex 2 of the equipment or to aircraft of the Act is set out in annex 1.1 flights starting or when you arrive from a third country, the aerodrome, located in the territory of Latvia;";
to supplement the article with a 12.1 point as follows: "121) noise-air environment, unwanted, distressing for all types of sounds that creates discomfort, affect your hearing and interferes with the acoustic communication;"
Replace paragraph 13, the words "existing or predicted noise level" with the words "existing or predicted noise level";
14. point off the word "environment";
Replace paragraph 15, the words "to various noise sources" with the words "to various sources of noise".
3. Replace the first paragraph of article 3, article 11, first paragraph of article 32 in the third, fifth and sixth subparagraphs, article 32.3, article 45 in the first and eighth in the word "operator" (fold) with the words "operators and aircraft operators" (fold).
4. Add to the first paragraph of article 3 with 7.1 points as follows: ' 71) requirements for greenhouse gas emissions control area must comply with the aircraft operators; ".
5. in article 4: Supplement to the second part of the article as follows: "(2) the operator of an aircraft, doing the polluting activities, comply with the first paragraph of this article 1, 3, 4 and 7 requirements.";
believe the current text of article about the first part.
6. Replace article 6, fourth paragraph, the words "regional environmental administration" with the words "national environment service regional environmental authority (hereinafter regional environmental administration)".
7. Express article 10, second subparagraph by the following: "(2) the emission limit values determined where the pollution emitted from the equipment. Reduction of the concentration of the dilution limit values, the determination of the moment is not taken into account. "
8. in article 11: turn off the first part of paragraph 4, the word "pollution";
Add to the second part of paragraph 17 of the following: "17) order in which aviation activities include the European Union's emissions trading system."
9. Replace article 16, first and second paragraph, the words "emissions" with the word "emission".
10. Put the name of the article 18.1 as follows: "article 18.1. Noise assessment and reduction ".
11. Article 20 of the Present fifth paragraph 7 as follows: "7) consideration of the application and the timescale for a decision, which must be no longer than 90 days."
12. Replace article 21, in the fifth paragraph, the words "the law" on environmental protection "with the words" environmental protection law ".
13. Express article 22 2.1 part as follows: "(21) Cabinet of Ministers determine the consideration of the application and the timescale for a decision, which may not be longer than 60 days. If the polluting activities applied to the public hearing procedure in accordance with article 27 of this law, consideration of the application and the decision deadline may not be longer than 90 days. "
14. Replace the fifth subparagraph of article 24 paragraph 3, the word "five" with the word "eight".
15. the title of chapter V be expressed by the following: "chapter V permits application, issuance, review and repeal".
16. off throughout the article 25, the word "continued" (fold).
17. Replace article 26, the words "national agencies" public health agency "branch" with the words "health authorities".
18. Article 27: adding to 1.1. point after the words "authorisation" by the words "and except article 28 of this law in the eighth in part;";
Express 2.1 part as follows: "(21) is available to the public with the authorization of the linked information, which is at the disposal of the competent authorities.";
off in the third paragraph, the word "pollution".
19. in article 28: put the name of the article as follows: "article 28. Category a and B permit application, issuance and cancellation of ";
to make the second part of paragraph 3 as follows: "3 equipment emission sources), including emission sources, which creates a vibration and heat into the environment;"
Add to the second part of paragraph 5.1 by the following: "the quantity of the substances 51), which takes the typical activities could emit water, air (excluding greenhouse gas emissions) or soil;"
turn off the sixth paragraph, the words "category A".
to supplement the article with seventh, eighth, ninth and tenth by the following: "(7) the regional environmental administration issued permission shall cancel and stop it, if it is found that the operator provided false or misleading information.
(8) if the category (A) or (B) the action does not plan changes, the operator at least 30 days before the expiry of the term of the permit shall be submitted to the regional environmental management application that requires a new authorization is issued to indicate that no operational changes are planned.
(9) regional environmental management, based on the operator's application, submitted in the case specified in eighth, assess the information in its possession that relates to the previously issued to the operator (A) or (B) permit the category and its condition (if any is made) and in accordance with article 32 of this law provided for in the first subparagraph shall issue a new licence for 30 days from the date of receipt of the application.
(10) If this article is the eighth in the case laid down in part to the regional environmental governance need to request additional information from the operator, then the period of necessary information in the operator to prepare and submit the regional environmental administration, not including the ninth part of this article within the time limit. "
20. in article 28.1: put the name of the article as follows: "article 28.1. Greenhouse gas emissions permit application, issuance and cancellation of ";
to supplement the article with the sixth part as follows: "(6) the regional environmental governance greenhouse gas emissions issued licence is revoked, if it finds that the operator provided false or misleading information."
21. Article 30: a supplement to the third part of the text by the following: "facilities in the event of a change of operator, the current operator of the draw up and submit to the verification and approval of the annual report on the greenhouse gas emissions of its performance in the period, as well as transferring allowances according to the approved report that amount. This requirement does not apply if the new operator of the regional environmental authority shall provide written certification that will prepare and submit to the verification and approval of the annual report on greenhouse gas emissions throughout the calendar year in which the operator of an Exchange has taken place, as well as give allowances according to the approved report that amount. ';
to make the fourth subparagraph by the following: "(4) not later than 30 days before the complete cessation of operation of the equipment operator shall be submitted to the regional environmental authority the application, indicating the measures that will be taken to organize the site according to the conditions of the permit. 30 days after receiving information from the operator on the space organization in the right condition, regional environmental administration cancels the operator category (A) or (B) issued licence and the greenhouse gas emissions permit. Greenhouse gas emissions permit regional environmental administration repealed by next January 1 of the calendar year. "
22. Article 31, first paragraph: replace the introductory paragraph, the word "relevant" with the word "high";
Add to paragraph 3, after the word "launch" with the words "(for example, equipment or its parts or testing operational tuning before commissioning or after reconstruction in accordance with the equipment specified in technical documentation)".
23. Article 32: make the first paragraph by the following: "(1) category A and B permit is issued for the entire duration of the equipment concerned.";
Add to article 3.2 of the following parts:

"(32) permission to review and renew every seven years, except in the third paragraph of this article means. Equipment located in the environmental management and audit system (EMAS) registered organisations, permit review and renewable every ten years. If the polluting activities impact on human health or the environment, at the time the permit is not sufficiently clarified, the regional environmental authority shall authorise, specifying the time limit for the review, which may not be longer than three years. "
24. in article 32.2: turn off 4.1, paragraph 2, the words "or withdrawn";
Add to 4.1 part with paragraph 3 by the following: ' 3) for emission allowance allocation of aircraft operator the Cabinet. ";
Add to article 4.2, 4.3 and 4.4 in part as follows: "(42) aircraft operators allowances granted for the following periods: 1) first period — from 1 January 2012 to 31 December 2012;
2 the second and subsequent period) — eight calendar years, starting with January 1, 2013.
(43) starting with January 1, 2013, provides for emission allowance reserve for new aircraft operators, as well as the rapidly growing aircraft operators that meet the Cabinet criteria. The decision on the allocation of allowances from the reserve Environment Ministry adopted the Cabinet.
(44) the Cabinet of Ministers a specific part of this article, the period defined in paragraph 4.2 aircraft operators provided emission quota auction. The auctions for funds financed climate change prevention measures. "
25. in article 32.3: make the first paragraph by the following: "(1) the Operator and the operator, starting with January 1, 2013, each year up to 30 April of the national limited liability company" Latvian environment, geology and Meteorology Centre "emission quotas, which corresponds to the previous calendar year equipment or aircraft the quantity of greenhouse gases emitted, who checked in accordance with article 45 of this law, the seventh and part equivalent 7.1 emissions quantity State limited liability company" Latvian environment , geology and Meteorology Centre "reverses the emissions register.";
Add to article 3.1 part as follows: "(31) if the aircraft operator does not comply with this law and other legal obligations, the national agency of Civil Aviation Agency" (hereinafter referred to as the Civil Aviation Agency) may submit a request to the European Commission to take a decision on the aircraft operator concerned activities. If the European Commission has adopted a decision by Latvia or the request of a Member State of the European Union, the Civil Aviation Agency informs the European Commission of all the measures taken to comply with those decisions. "
replace the fourth and the sixth paragraph, the words "cancelled" with the word "Cancel";
replace the words "the ninth part of the void" with the word "cancelled".
26. To replace the second paragraph of article 32.4 of the word "cancellation" with the word "cancellation".
27. in article 32.5: replace the third paragraph, the word "withdraw" with the word "Cancel";
make the fifth part of the third sentence by the following: "after this explanation the State limited liability company" Latvian environment, geology and Meteorology Centre "shall take a decision on the publication of this information Center home page on the internet and the newspaper" journal "of Latvia."
28. Add to article 32.7 of 1.1 part as follows: "(11) the decisions on the allocation of emission allowances aircraft operators are published by limited liability company" Latvian environment, geology and Meteorology Centre "and Civil Aviation Agency's homepage on the internet."
29. Replace article 32.9 of the sixth paragraph, the words "public health agencies" with the words "health inspection".
30. Replace article 34, second paragraph, the words "national agencies" public health agency "Affiliate" with the words "health inspection".
31. Article 45: put the name of the article as follows: "article 45. The operator and the operator's aircraft carried out monitoring ";
to supplement the article with the 7.1 part as follows: "(71) operators of aircraft, starting with January 1, 2011, prepares the annual report on greenhouse gas emissions for the previous calendar year. This report examined and approved by the Cabinet of Ministers. Annual review and report on the results of the inspection shall send the Civil Aviation Agency. The annual report is available for the control authorities and the public. "
32. Supplement article 47 with the third subparagraph by the following: "(3) the Ministry of the environment and Civil Aviation Agency in matters within their competence, monitor this law and on the basis of this law on Cabinet of Ministers issued regulations for aircraft operators specific requirements."
33. Express 3 and article 48 paragraph 4 by the following: "3) creates, maintains and restores your homepage on the internet information on best available techniques in the field concerned and inform them of the regional environmental management, as well as advise the operators in this matter and others;
4) creates, maintains and restores the information about permits. "
34. Supplement article 49 by the third part as follows: "(3) for the purposes of this Act and on the basis of this law on Cabinet of Ministers issued regulations for aircraft operators comply with the requirements of the control of the Civil Aviation Agency."
35. Article 50: make the third paragraph as follows: "(3) If, under the category (A) or (B) the conditions of the permit is possible to initiate or continue the polluting activity which may have significant negative effects on human health or the environment, or the environmental quality objectives laid down in accordance with environmental protection regulations, regulatory, as well as other regulatory requirements permit conditions may be challenged at any time While the permit is valid. Draft decision shall not suspend the authorization action. ";
to make a fifth by the following: "(5) where a decision on such an existing system that requires a review of the licence or permit, is contested, permit activity is not stopped. If the category (A) or (B) revision of the permit to the operator is allowed to initiate a new pollutant activities and decision on this activity being challenged under the first paragraph of this article, a disputing the decision stops the permission part of new polluting activity. "
36. Article 51: turn off in the first, second and third subparagraph;
to make the fourth subparagraph by the following: "(4) where environmental monitoring national Office concludes that under category (A) or (B) issued permits to allow the polluting activities that may have significant negative effects on human health or the environment, or the permit is not taken into account in this law and other legislative requirements, it shall take the decision to cancel the regional environmental management decision on the relevant permit or cancel part of the permit conditions or ask for regional environmental administration to change part of the conditions of the permit to supplement the conditions of the authorisation or to issue other content. "
37. To complement the informative reference to directives of the European Union with the following paragraph 12: "12") of the European Parliament and of the Council of 19 November 2008, Directive 2008/101/EC amending Directive 2003/87/EC so as to include aviation activities in the Community scheme for greenhouse gas emission allowance trading system. "
38. To supplement the law with Annex 1.1 as follows: "the law" on pollution "1.1 Annex activities covered the European Union emission trading system for aviation 1. The European Union emission trading system included aircraft flights from the aerodrome or airfield, located in the territory of Latvia, including flights carried out by the Member States of the European Union, the reigning monarch and his/her immediate family, heads of State, heads of Government and Government Ministers on official missions for the transport of except: 1) carried out flights of countries that are not 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 if it is substantiated by an appropriate status indicator in the flight plan;
2) military flights performed by military aircraft, as well as flights by the performance of customs or police functions;
3) flights related to search, rescue and fire-fighting operations or emergency ambulances, as well as flights by humanitarian purposes and authorized by the competent authority;
4) flights performed exclusively under visual flight rules, as provided for in the Convention on international civil aviation (the Chicago Convention) in annex 2;
5) flight that ends at the same airfield where it had begun, and that the aircraft is not sitting at another aerodrome;
6) training flights performed exclusively for the purpose of obtaining a licence or specific category and with just the cockpit crew if the flight concerned is justified by the corresponding note in the flight plan and if this is not the passenger or freight services, air travel, aircraft or aircraft delivery;

7) flights performed exclusively for the purpose of scientific research or checking, testing or certifying aircraft or equipment, whether or not the relevant equipment used in flight or on the ground;
8) flights performed by aircraft with a certified maximum take-off weight of less than 5700 kilograms;
9) flights carried out as public service obligations laid down in accordance with Regulation (EEC) No 2408/92 as regards the routes further regions, as defined in Article 299 of the Treaty, paragraph 2, or on routes where the capacity offered does not exceed 30 000 seats per year;
10) flights by commercial air transport operator, which meets one of the following conditions: (a)) in each of three consecutive four-month periods, fewer than 243 flights, b) flights where the total annual carbon dioxide emissions of less than 10 000 tonnes per year.
2. paragraph 1 of this annex shall apply to carbon dioxide emissions. "
The Parliament adopted the law in 2009 December 10.
President Valdis Zatlers in Riga V 2009 December 30