The Saeima has adopted and the President promulgated the following laws: the law of environmental protection in chapter I. General provisions article 1. The terms used in the law, the law is applied in the following terms: 1) natural resources: natural ingredients, including air, water, flora, fauna, flora, soil, Earth;
2) eco-innovation — new scientific, technical, social or other idea, the introduction of environmental technologies, as well as the development and implementation of technology and competitive marketable product or service, which improves the quality of the environment;
3) emissions — man-made, direct or chemicals, chemical products (preparations), smell, organisms or micro-organisms, vibration, heat, non-ionising radiation, noise, or other types of pollutants to the environment;
4) sustainable development — the public welfare, the environment and economic development in an integrated and balanced, satisfying the population's current social and economic needs and ensure compliance with environmental protection requirements, without compromising the needs of future generations capabilities, as well as ensure the conservation of biological diversity;
5) education for sustainable development: education, which facilitates each individual's ability to acquire the knowledge, values and skills necessary for participation in decision-making on individual or collective activities at the local and global level to improve the quality of life today without risk to the needs of future generations;
6) damage soil or earth, or of any alteration of the pollution caused by chemical substances, chemical products (preparations), organisms or micro-organisms directly or indirectly entering the soil or earth and who have significant negative effects on human health or the environment. 7) the damage strictly protected species or habitats — any damage that has significant adverse effects on especially protected natural areas or mikroliegum, especially protected species or habitats favourable conservation status attainment or maintenance. Damage to protected species and specific habitats does not include previously identified adverse effects which occurred due to the professional activities of the operator, if this action is clearly authorized by the authority in accordance with the nature protection area of regulatory laws;
8) waters, any damage that has significant adverse effects on a specific environmental or chemical ūdensobjekt the quality of ecological quantitative condition or potential adverse effects other than covered by the water management Act, article 14;
9) environmental damage — measurable adverse change in a natural resource or measurable by the natural resource-related deterioration of functions, which may occur directly or indirectly. With the natural resource-related function is the benefit which the public or the environment from the natural resources;
10) emergency measures — all necessary and practicable measures for the management of the situation, the radioactive contaminant containment and collection and other injurious factors, in order to limit or to prevent further environmental damage and adverse effects on human health or natural resource related functions;
11) operator: private, public, person, derived directly or vicariously of the regulatory authority, which carries out a professional activity or is responsible for the following activities or has a decisive impact on economic activities, or technical performance which received the permission of the professional activity or logged by the pursuit of the activity concerned;
12): the baseline condition of public or other resources for the benefit of natural resources or with natural resources related to injury time that this situation would have been if the environmental damage would not be harmed. Baseline condition is determined, on the basis of the information available;
13) preventive measures — measures taken to prevent the imminent threat of damage to the environment and to prevent or minimize damage;
14) a professional activity, economic activity, including business, regardless of whether the transaction goes or does not give profit;
15) reorganisation measures — measures taken to prevent the damage, restore or clean up, rehabilitate, or replace the natural resources, which suffered damage to natural resources and related functions, which also worsened, harm reduction, prevention and interim measures, the provision of alternative or equivalent natural resources or with the following resources related functions;
16) imminent threat of injury: a sufficient likelihood that environmental damage will occur in the near future;
17) environment — natural, anthropogenic and societal factors;
18) environmental protection: a set of measures for the conservation of the environment and on sustainable use of natural resources;
19) environmental information, information on: (a)) environment, including air and atmosphere, water, soil, land, landscape, natural science, including wetlands, coastal and marine areas, biological management and for its many components, including genetically modified organisms, the environmental situation and the mutual interaction of components, b)-factors (such as chemicals, energy, noise, radiation or waste, emissions and other pollution discharges into the environment) , c) measures, also policy planning documents and other plans, programmes, environmental agreements, regulations and activities which affect or can affect environmental components and environmental factors influencing or the purpose of which is to protect the environment, as well as the cost-benefit and other economic analyses and assumptions used within the framework of the measures and activities referred to, d) reports and reports on environmental protection also on the implementation of environmental legislation, e) of the health and safety of the human situation, living conditions and cultural objects and structures, to the extent that they affect or may affect the environment, factors affecting the environment or those measures;
20) environmental information systems: an integrated cross-sectoral national information system which is collected, stored, and handled the environmental data and information, ensure the availability of environmental data and environmental movements, and observation of trends tēšan, perspective analysis, environmental and sustainable development policies and current political, economic, administrative efficiency and effectiveness of the measures;
21) environmental education — education that you get knowledge and understanding of the environment and environmental problems, a skilled environmental problem solving skills and skills as well as develop a responsible attitude and motivation for informed decision making;
22) environmental monitoring, systematic, regular and orderly environment, species and habitats, as well as the emission of observation, measurement and analysis;
23) environmental laws — laws that relate to the environment or contribute to the achievement of national environmental policy objectives: to preserve, protect and improve the quality of the environment, the sustainable use of natural resources and ensure a quality living environment; 24) environmental technology: all economic areas to use the equipment and the measures to be taken which ensure natural resources effective and efficient use of cleaner production implementation, reducing the consumption of raw materials and energy , emissions and waste;
25) environmental science — the science industry that explores the environmental interactions of the components and their interactions with the man-made environment as well as human economic activity impacts on the environment and its components.
2. article. Purpose and applicability of the law (1) the law aims to ensure the preservation of the quality of the environment and renewal, as well as the sustainable use of natural resources.
(2) the provisions of this Act also apply in respect of Latvia on the continental shelf and exclusive economic zone.
3. article. Environmental protection principles (1) the environmental policy of the country and the decisions that may affect the environment or human health, adopted pursuant to the following environmental principles: 1) the "polluter pays" principle: the person shall bear the costs associated with its activities, the evaluation of pollution prevention, control and rehabilitation;
2) the precautionary principle — is an allowed limit or prohibit action or measure which may affect the environment or human health, but which are not sufficiently assess the impact or scientifically proven, if the ban is a reasonable tool to ensure the environmental or human health. Principle does not apply to emergency measures to prevent the threat of damage or irreparable damage;
3: the principle of prevention), to the extent possible, prevent the pollution and other environmental or human health impacts of harmful, but if this is not possible, prevent their spread and negative consequences;
4) evaluation principle — of any activity or measure the consequences, which may significantly affect the environment or human health must be assessed before the transactions or activities or allow launch. An action or event that may negatively affect the environment or human health, even when all the requirements of environmental protection, is permissible only if the expected positive results for society as a whole of the actions or measures of damage to the environment and society.
(2) creating environmental policies and decisions, the law on regional development regional development defined in the basic principles.
4. article. Environmental policy planning (1) developing policy planning documents and draft legislation, the developer planning documents or legislative proposal reviewing the synopsis it impact on sustainable development and the environment. The policy planning document projects carried out strategic environmental impact assessment, as determined by the environmental impact assessment of regulatory legislation.
(2) the Cabinet of Ministers approved the environmental policy guidelines, taking into account the national priorities and the European Union and international conditions.
5. article. Eco-innovation and environmental technologies (1) the Ministry of the environment, in cooperation with the other institutions contribute to the development of environmental technologies, development and use, to improve the quality of the environment, natural resources and appropriate use of effective and quality of life.
(2) environmental policy guidelines determined by the cross-sectoral policies in the use of natural resources, the development of environmental technologies and eco-innovation.
Chapter II. Society of environmental law article 6. The general right of the public in the field of the environment to any private person, as well as associations of persons, organizations and groups (hereinafter referred to as the company) has the right to: 1) require public bodies and local authorities, officials or individuals cease such act or omission, which impair the quality of the environment, harming human health or endanger her life, legal interests or property;
2) to support environmental measures and to cooperate with national institutions and local authorities to prevent the carrying out of activities, including a decision that can degrade the quality of the environment or interfere with the environmental legislation requirements;
3) to provide information to public authorities and municipalities about actions and measures affecting or likely to affect the quality of the environment, as well as news about the environment the observed negative changes that result from such action or measures;
4) to submit to the State authorities and local authorities proposals on the legal framework and the documents of the projects developed in the field of the environment.
7. article. The right of the public to environmental information (1) the company shall have the right to be of this law article 10 authorities listed in environmental information in writing, audio, Visual, electronic or other means.
(2) the public's right to information, if available, on the measurement procedures, including methods of analysis, sampling and pre-processing methods, or other form of standardised procedure used in gathering information on factors affecting the environment.
(3) the applicant does not have information on the environment should be based on the purpose the information required.
8. article. Public participation in decision-making in environmental matters (1) the company has the right to participate in making decisions and in the preparation of the programming documents, including in the preparation of those amendments (referred to in this article, the document preparation), which may affect the environment. the company may exercise this right before the decision has been taken or documents, including in relation to: 1) planning documents, in accordance with the laws and regulations governing the territory planning, strategic environmental impact assessment or a specific environment covered by the document, the planning documents, which are developed in accordance with the laws and regulations governing: a) waste management, hazardous waste management also, b) on the management of batteries and accumulators, packaging) management, (c) (d)), air quality, water resources protection, e), also used in agriculture to nitrate pollution;
2) for action, in accordance with the laws and regulations governing the environmental impact assessment and construction;
3) proposed construction-under construction at normat vajiem governing law;
polluting activities-4) in accordance with the laws and regulations governing polluting activities and the grant of the authorization;
5) genetically modified organisms into the environment, in accordance with the laws and regulations governing transactions with genetically modified organisms.
(2) the company shall have the right to make suggestions or provide feedback before the adoption of the relevant decision or the preparation of the final version of the document.
9. article. Public health (1) any person who has requested information pursuant to article 7 of this law, and considers that the request for information has been ignored or wrongly rejected (in whole or in part), the appropriate response is received, or otherwise in violation of the right to environmental information, are entitled to challenge and appeal against the actions or omissions of the administrative procedure law.
(2) If a person's rights provided for in article 8 of this law, or have not complied with this statutory public participation rights, a person is entitled to challenge and appeal against the actions or omissions of the administrative procedure law.
(3) the company is entitled to challenge and appeal to the State authorities or local administrative act or actual action which does not meet the environmental requirements of the laws and threaten to cause injury, or environmental damage.
(4) If an individual violates the environmental legislation, any other person may by providing sound information on the alleged violations, apply to the authority which has competence in respect of the relevant legislative control, and require that the authority would act according to the competency.
(5) of this article, an individual rights laid down by itself may not cause adverse to that person, including a private, consequences.
Chapter III. State and local authorities for the provision of environmental information and the dissemination and public involvement in decision making article 10. State and local authorities regarding environmental information provision and dissemination (1) State and local government institutions (hereinafter the authority) in the action (to prepare or received) for supplying environmental information provide: 1) any national regulatory authority or a municipality;
2) persons performing public administrative functions, including duties, activities or services in relation to the environment;
3) persons delegated public tasks or providing public services this part 1 or 2 of the persons referred to in paragraph 1.
(2) in addition to the first paragraph of this article provides the information to the authority and access to environmental information, which is kept in the individual's behalf.
(3) the authority under competency: 1) collects and restores the environment information;
2) provide the public with environmental information in its possession;
3) designate a responsible officer or Coordinator, providing public access to environmental information and provides the information required for requesting help in defining or clarifying submissions;
4) inform the public about its rights and opportunities to receive environmental information;
5) creates and updates the public free databases included in this Act referred to in article 16 environmental information, or provide this information to another authority that such a database is maintained;
6) establishes the environmental information accounting system, as well as indicate where the relevant information is available when you create a reference to the other institutions of the information available.
(4) the authority continuously distributed environmental information which it gathered according to competence and which are in its possession.
(5) the publicly available information presented in a way that this information is potentially very readable and understandable.
(6) the Latvian environment, geology and Meteorology Agency not less frequently than once every four years to prepare and publish a national report on the State of the environment, including information about the quality of the environment and the load on the environment. the publication of the Report in between information and regularly placed in the Agency's home page on the internet.
(7) where a person's Act or omission or natural phenomena pose threats to the environment or human health, the authority that is in possession of information that could help take the necessary measures to prevent or reduce damage, immediately disseminate this information to the public, which it can influence.
11. article. A procedure for the provision of environmental information, deadlines and fees for the provision of
(1) environmental information be provided as soon as possible, taking into account the time limit specified by the applicant or the provision of information in the laws governing certain information request review time, but no later than one month from the receipt of the request. If the volume or complexity of the period in question to prepare this information is not possible, the delivery time may be extended to two months. The applicant is informed of the extension and of the reasons for it.
(2) environmental information gathered and compiled on the State or local government funds and public environmental information contained in the database is available free of charge. If the information requested is necessary to provide additional processing or preparation, for it may determine the fees in accordance with the provision of information to the regulatory laws. If there is a fee, the applicant is informed of the levels, as well as specify the circumstances in which the applicant can be exempted from the fee.
(3) the environmental information shall, in the light of this article fourth and fifth conditions, as well as the provision of information in accordance with the laws and regulations governing individual data protection act and other legislative requirements with respect to the limited availability of information and its delivery.
(4) limit the environmental information act only in the cases provided for in the freedom of information act. The authority may restrict the access to environmental information in respect of the information on the environmental components, including species and habitats, the disclosure of which could harm the environment, and in relation to information disclosure may endanger public safety.
(5) environmental information restrictions in each individual case, balanced against the public interest in disclosure of the information. Information on emissions into the environment are not limited by the availability of information.
(6) environmental information provide the information specified in the request form or format, except when: 1) the information requested is already available to the applicant in a different form or format;
2) is a good reason to provide the information in a different form or format. In this case, the applicant shall be informed of the reasons of this article within the time limit referred to in the first subparagraph.
12. article. Public participation in decision-making in environmental matters (1) the authority shall ensure timely and effective information and public participation article 8 of this law, the decision referred to in the first paragraph or in the preparation of the document. Public participation is provided under this Act, international treaty, and the scope of the regulatory laws and requirements.
(2) the authority to the public free access to information relevant to decision making or preparation of the documents and is available in the public participation process.
(3) the decision and the authority preparing the public, subject to the following conditions: 1) in good time and in an appropriate way, including by electronic means, informing the public of the decision or document preparation;
2) giving the public information on the possibilities of participation, including: a) authority, which contains information, the decision or document project, if any, and related documents, (b)) to be submitted to the Authority's opinions, proposals or c) responsible for making the decision or document preparation and on public participation, (d)), the time limit for submitting proposals or opinions, e) public consultation meeting venue and time If such a meeting is organised.
(4) the deadline for the submission of a proposal from the public would be not less than 30 days if other laws which determine the public participation, not otherwise provided for. That period may be shortened if the public have already had the opportunity to comment on the document. If you are a public consultation meeting, the Organizer will duly and promptly communicate it.
(5) the provisions of this article do not apply to documents that are designed for national or civil defence purposes, as well as on the planning documents that are developing public participation took place: 1) strategic environmental impact assessment process;
2) in accordance with the water management act.
(6) the authority, in adopting this law, article 8 of the decision referred to in the first subparagraph or papers: 1) evaluate the public participation process, the views expressed and proposals;
2) balanced individual rights and interests with the public interest and damages, having regard to the decision or the impact on sustainable development, as well as respecting the principle of assessment.
(7) the authority shall duly inform the public of the decision or document, giving reasons for the successful solutions, as well as a place where you can get acquainted with the agreed documents and other documents related to it, including information on the public participation process.
13. article. Public involvement in the preparation of environmental legislation (1) the authority or its representatives of companies involved in environmental legislation, including amendments, preparation and consultation possible in earlier stage.
(2) the authority shall establish environmental legislative proposal, ensure its availability in accordance with the legislation governing the circulation of draft legislation.
14. article. Environmental Advisory Council (1) the Ministry of the environment, in cooperation with interested associations and foundations whose purpose in accordance with the Statute is the protection of the environment, establishing the Environmental Advisory Board. The decisions of the Council in the field of the environment are recommendations. The Cabinet of Ministers approved the Statute of the Council. Charter establishes environmental rights Advisory Board, the functions and operating procedures, as well as the procedures referred to in this article and the foundations of the society representatives delegated to work Environmental Advisory Council.
(2) Environmental Advisory Council promotes the widest possible public involvement in environmental decision making, cooperation and exchange of information in the field of the environment between each of the individuals and the general public, that public authorities and municipalities, as well as facilitate the provision of proposals on issues related to environmental policy development and implementation and the relevant legislation or the preparation of programming documents.
(3) the Ministry of the environment to ensure that the environmental financial Advisory Board activities as well as cooperate with the Environmental Advisory Council, submit it for discussion and the proposal for the provision of environmental legislation projects and getting it to the environment in the preparation of documents.
Chapter IV. Environmental information system for article 15. Environmental information systems fundamentals (1) environmental information systems according to environmental and sustainable development policy objectives, priorities, environmental quality and resource state changes. Environmental and sustainable development policy implementation efficiency and compliance with the environmental policy objectives are evaluated using the environmental information system and the national environmental and sustainable development indicators. National environmental indicators established by the Cabinet of Ministers.
(2) environmental information system composed of interoperable individual registries and databases, which are located in different countries and the authorities of the establishment and functioning of which determine the environmental laws.
(3) environmental information system is compatible with the sectors of national information systems. General requirements of the environmental information system for the establishment and development of national information systems.
(4) each environmental information systems or database record holder provides timely, accurate, consistent, reliable data and information storage and the updating of the information system, quality management and quality control. Environmental information systems and the information contained in the data processing of spatial and geographical information systems.
(5) environmental information systems maintenance and development is coordinated by the Ministry of the environment environmental regulations, as well as the national information system and electronic circulation of documents regulatory legislation.
16. article. Environmental information system for the information to be included (1) environmental information systems to be included in at least the following information: 1) environmental laws, international treaties, conventions and legislation of the European Union in the field of environment;
2) environmental policy plans, programmes, strategies and other plans relating to the environment; 3) messages (if any are prepared) for 1 and this part of the document referred to in paragraph 2;
4) reports and reports on the State of the environment, pollution and its sources, environmental and sustainable development indicators report;
5) data and information on the monitoring of activities affecting, or likely to affect, the environment; 6) authorisations issued in accordance with the law "on pollution" and other environmental laws and regulations, and this permit conditions or an indication that such information can be requested or found;
7) environmental monitoring programs, plans and results;
8) studies on environmental impact and risk assessment in relation to the environmental components, or an indication that such information can be requested or found;
9) information on reporting to the European Commission and other international institutions.
(2) the Latvian environment, geology and Meteorology Agency shall establish and maintain a register of protected areas, in which the information in the appropriate group for each river basin district. Protected areas within the meaning of this article is the water management Act, article 1, paragraph 1 of the said territory.
Article 17. Environmental monitoring environmental monitoring (1) the purpose is to identify the State of the environment, to assess the trends and perspectives, to develop environmental policy measures and evaluate existing measures of effectiveness and efficiency.
(2) environmental monitoring organized and carried out national and local authorities and economic operators in accordance with environmental legislation requirements. The cabinet shall determine the requirements for environmental monitoring and its procedure.
(3) Cabinet of Ministers every four years confirms the environmental monitoring programme guidelines that set a monitoring structure, priorities and funding, which requires legislation, European Union law and International Convention requirements.
(4) on the basis of the third paragraph of this article, those guidelines, Minister of environment approves environmental monitoring program four years ago. In establishing the State environmental protection authorities and organized environment monitoring network parameters, regularity and the method used.
(5) persons, which the environmental law established environmental monitoring carried out and which is the environment, geology and Meteorology Agency or other environmental regulations statutory authority public service licence is issued shall have the right, informing the owner or the person in charge, to get into State, municipal and private property in the territory, to the extent necessary to perform environmental monitoring necessary for observations and measurements. National security and the protection of the territory and facilities, including prisons, may enter the relevant laws.
(6) environmental monitoring data and information accumulated and processed environmental information systems databases and registers.
Chapter v. Control the environment article 18. State control in the field of the environment State control in the field of the environment (hereinafter referred to as the State environment control) is the environmental regulatory compliance controls, including the following areas: 1) natural resource exploration, extraction, use and accounting;
2 polluting activities);
3) contaminated and potentially contaminated sites and remediation;
4) activities in chemicals and chemical products (preparations);
5) activities with ionizing radiation sources;
6) industrial accident risk assessment and reduction;
7) waste management;
8) national specially protected natural areas, especially protected species and habitats, mikroliegum management and protection;
9) conditions for the pursuit of activities or technical provisions according to regulations governing the environmental impact assessment.
19. article. Environmental State control authorities (1) the State of the environment in implementing the national environmental service, specially protected natural areas and other environmental legislation in certain direct authorities.
(2) the national environmental services control their compliance with environmental laws that control with laws not passed to other direct administrative authorities or municipal jurisdiction.
20. article. State environmental inspectors (1) environmental State control of the national environmental service and specially protected natural areas of the Administration, State environmental inspectors.
(2) the national environment officer's certificate, a badge and uniform. Certificate, badge and uniform sample approved by the Cabinet of Ministers.
(3) the national environment officer decisions relating to State control, the environment can be a challenge when submitting the application to the Director-General of the national environmental authorities. The Director-General of the national environmental guard decision can be appealed in court.
21. article. State environmental inspectors the rights and social guarantees (1) the State of the environment, the State Environmental Inspectorate has the right to: 1) enter or enter and examine any undisturbed areas, equipment or other objects, regardless of the ownership of the home, if necessary with the environment control, carrying out planned inspections, or if there is reasonable suspicion of environmental law violations. National security and the protection of the territory and facilities, including prisons, State Environmental Inspectorate has the right to enter the relevant laws in the order;
2) take samples and perform reference test;
3) to stop the vessels and other floating means and make them enter port or dock at the shore;
4) to stop motor vehicles beyond road in the Baltic Sea and Gulf of Riga coastal shore dunes and beach zone, or zone of surface ūdensobjekt of specially protected natural territory.
5) to request and receive, free of charge from private individuals, State and local authorities, national control of the environment requires information that is private or the authority, natural resource accounting and other records to control the mining of natural resources, pollution of the environment of use, volume, packaging, waste management, construction and other activities affecting the environment;
6) temporarily suspend or prohibit an action that violates environmental laws that give rise to significant changes in the environment or endanger human health or life;
7) within their competence to issue administrative provisions necessary environmental legislation requirements, the law "on pollution" set environmental quality standards and rational use of natural resources;
8) for administrative infringement cases set out in the code to draw up protocols on administrative violations, review of administrative offences and impose administrative sanctions;
9) other laws and rights.
(2) If it is in violation of the laws and requirements for the movement of motor vehicles, parking or stopping, also outside the road to the Baltic Sea and Gulf of Riga coastal zone and coastal dunes beach or specially protected nature reserve and the driver is not in the place of the offence, the State Environmental Inspectorate has the right to draw up the Protocol, notification of the fine imposed on it. The administrative violations of the Protocol, the communication of the information to be included in the Protocol, the notification procedure, the notice of unpaid fines to be information and communication about the unpaid fines shipping arrangements as well as a fine collection and control procedures established by the Cabinet of Ministers.
(3) the State insures State environmental inspectors for life and health. Insurance sum cannot exceed the national environment officer of 24 months ' salary.
22. article. Local government control in the field of the environment (1) local government according to the law "on local governments" or environmental regulations prescribed for the control of the municipal responsibilities in the field of the environment.
(2) environmental control officials have this law, article 21, first paragraph, 1, 2, 5 and 9 above.
23. article. Public control in the field of the environment (1) the national environmental service may involve environmental controls the public environmental inspectors, national environmental service authorized.
(2) the public environmental inspectors granted and cancelled the national environmental service Cabinet. The public environmental inspectors izvirzāmo criteria and requirements established by the Cabinet of Ministers. The public environmental inspectors licence model is determined by the Cabinet of Ministers.
(3) the public environmental inspectors have the right to: 1) to carry out checks with State environmental inspectors;
2) draw up inspection, finding the actual situation, and send it to the national environmental service;
3) where legislation to carry out inspections without the presence of inspectors of the environment, to draw up administrative Protocol and send it for review to the relevant competent authority.
Chapter VI. Liability for environmental damage article 24. Environmental damage (1) conditions of this chapter on liability for environmental damage refers to damage caused to specially protected natural territories, mikroliegum, as well as specially protected species and habitats, waters, soil and soil depths.
(2) a specially protected species or habitats suffered the assess the impact significance compared to the baseline condition, taking account of the Cabinet of Ministers certain criteria.
(3) environmental damage also includes damage caused by air pollutants, if they cause damage to especially protected natural areas, mikroliegum or specially protected species and habitats, waters, soil and soil depths.
25. article. The basic conditions of liability (1) the Operator is responsible for your professional activities caused environmental damage or to an imminent threat of injury caused by his deliberate or negligently performed an action or omission that is a violation of environmental legislation.
(2) the Operator's prosecution of administrative liability or criminal responsibility for violation of environmental laws, shall not release the operator from the obligation to bear the costs caused him damage the environment or the imminent threat of injury.
(3) a Person who is not considered an operator, is responsible for the environmental damage or an imminent threat of injury caused by the negligence or willful act or omission that is a violation of environmental legislation, and that person is obliged to bear the costs caused its damage to the environment or the imminent threat of injury, including prevention, emergency and rehabilitation activities.
(4) the Operator is responsible for the environmental damage or imminent threat of damage, regardless of fault, if the environmental damage or imminent threat of injury incurred by following these steps: 1 Professional) the law "on pollution" category (A) or (B) set out the polluting activities;
2) operation that requires the authorisation of waste management;
3) water abstraction and impoundment, which requires the use of water resources;
4) gas stations or oil base;
5), chemicals and chemical products (preparations) regulations governing the movement of certain dangerous chemical substances or products (preparations), plant protection products or biocides, use, processing, packaging, transport or release into the environment of plants in the territory;
6) chemicals or chemical products (preparations) transport by pipeline;
7 of dangerous or polluting goods) by road, inland waterway, sea or air;
8) genetically modified organisms, including genetically modified micro-organisms, contained use, deliberate release into the environment, the distribution market, also;
9) of the regulations of the European Union in certain cross-border shipments of waste that requires permission.
(5) to environmental damage or to an imminent threat of injury caused by diffuse pollution (pollution in air, water or soil that are not organized in a perceived and output from stationary sources of pollution), the terms of this section apply only if you can find a causal link between the damage or the imminent threat of injury and the operator's activity.
26. article. International law in the liability for environmental damage (1) the Operator is not liable for the environmental damage or imminent threat of damage in accordance with the provisions of this chapter, if his liability or damage compensation is determined in Latvia such binding international conventions and their amendments: 1) 27 November 1992 Protocol amending the 1969 International Convention on civil liability for oil pollution damage;
2) 1992 Protocol on the amendment to the 1971 International Convention on the establishment of an International Fund for oil pollution compensation;
3) of 23 March 2001, the International Convention on civil liability for bunker oil pollution damage;
4) 3 May 1996 International Convention on liability and compensation for damage in connection with the hazardous and noxious substances by sea;
5) 21 May 1963 Vienna Convention on civil liability for nuclear damage and 12 September 1997 of the Protocol on 21 May 1963 Vienna Convention on civil liability for nuclear damage;
6) 21 September 1988 Joint Protocol to the Vienna Convention and the Paris Convention applications;
7) 1971 Convention relating to civil liability in the field of maritime transport of nuclear materials.
(2) the provisions of this chapter do not apply to environmental damage or to an imminent threat of injury caused by activities covered by the Treaty establishing the European Atomic Energy Community.
(3) the Operator is entitled to limit his liability in accordance with 19 November 1976 Convention on limitation of liability for maritime claims, as amended.
27. article. Action direct harm (1) where environmental damage is not done, but there is an imminent threat of injury, the operator shall promptly take all necessary preventive measures.
(2) if there is an imminent threat of injury, as well as if, through preventive measures, has failed to eliminate the direct threat of damage, the operator shall immediately inform in writing the national environmental authorities about the threat, the preventive measures taken and other important aspects characterize the situation.
(3) the national environmental service: 1) finds the operator whose professional activity is caused by the imminent threat of damage;
2) is entitled to require the operator to provide information on the direct threat of injury, even if there is a suspicion of the existence of such threats;
3) require the operator to take the necessary preventive measures;
4) is entitled to give instructions to the operator binding for preventive measures;
5) if necessary, the Cabinet of Ministers in cases and order organized preventive measures.
(4) the third paragraph of this article 1, 3, and 4. the cases referred to the national environmental authorities shall take a decision on the finding that the operator's professional activity is caused by the imminent threat of damage and preventive measures. This decision shall immediately be notified to the operator. National environmental service 15 days may challenge the environmental monitoring national Office. The draft decision and the application for annulment of the Court of Justice, recognition of the unenforceable or invalid shall not suspend the operation of the decision.
28. article. Action when there is damage to the environment (1) if there is damage to the environment, the operator whose professional activity was caused by, or could be caused by: 1) in writing, without delay, inform the public about environmental damage to the environment and provide a complete description of the situation;
2) immediately take emergency measures;
3) reorganisation measures.
(2) the national environment agency is entitled to request that the operator whose professional activity caused or could have caused environmental damage, provide all required information related to this injury.
(3) the national environmental service shall inform the local authorities about environmental damage.
(4) the national environmental service: 1) finds the operator whose professional activities have caused damage to the environment;
2) require the operator to take emergency measures to prevent the damage, and has the right to give binding instructions on to the operator;
3) require the operator to take the necessary measures, and rehabilitation is entitled to give instructions to the operator binding on these measures;
4) organise the emergency measures, if it is established that the operator's professional activities have caused environmental damage, or if the operator does not take these measures, or if the operator does not comply with this part, (2) the instructions referred to in binding;
5) clarified, assess and take into account the considerations which the individual has submitted an application in accordance with article 30 of this law, as well as the property owner, the observations take remediation measures.
(5) the fourth paragraph of this article 1, 2, and 3. the cases referred to the national environmental authorities shall take a decision on the finding that the operator's professional activity has caused environmental damage, and emergency and rehabilitation activities. This decision shall immediately be notified to the operator. The national environmental guard on the operator's detection and emergency measures may be appealed within 15 days, but the decision on a reorganisation measure, the administrative procedure law and order environment monitoring country office. The decision on emergency measures and the submission of the dispute to the Court for decision, the recognition of unenforceable or void does not suspend the operation of the decision.
(6) the cabinet shall determine the recovery objectives and methods, as well as the procedure for the determination and to the reorganisation measures.
(7) where environmental damage caused in such a way that it is not possible to ensure the reorganisation measures, at the national environment agency is entitled to decide on the reorganisation measures in order, considering the nature of the environmental damage, and the dangers, threats to human health, as well as the possibility of natural recovery.
29. article. Action in the event of damage to the environment is a cross-border effect (1) where environmental damage affects or is likely to affect other areas of the country, the national environmental service, informing the Foreign Ministry and the State fire and rescue services are provided by other national competent authority about the nature of this damage, the extent of penetration, and taken the necessary emergency or rescue measures.
(2) if the other country induced environmental damage affects or is likely to affect the territory of Latvia, national environmental service in cooperation with the competent authority in that State determines the necessary emergency or rescue measures and inform the respective Latvian local governments.
(3) if the operator carrying out professional activity in the territory of another State, voluntarily does not take the necessary emergency or rescue measures, the national environmental service is entitled, in agreement with the operator or the legal proceedings, request the reimbursement of the costs of these measures.
30. article. The public case is caused by environmental damage or the imminent threat of injury (1) If the public becomes aware of the environmental damage or imminent threat of damage, it has the right to submit to the national environmental service or other competent body an application with a request to take necessary actions in accordance with this chapter.
(2) the application shall specify as accurately as possible information about the environmental damage or imminent threat of damage.
(3) the national environmental service or other competent authority of the administrative procedure law as soon as possible examine the application, find the operator's view of the application of these facts and considerations, and if necessary, take appropriate action in accordance with this chapter.
31. article. Remedying of environmental damage (1) Operator whose professional activity caused the environmental damage or the imminent threat of damage, cover preventive, emergency and rehabilitation activities.
(2) if the environmental damage or the imminent threat of damage after the completion of the activity in question or the closure of the plant, preventive, emergency and rehabilitation activities are borne by the last operator.
(3) If the operator whose professional activity caused the environmental damage or the imminent threat of damage, the national environmental guard finds before preventive, emergency and rehabilitation measures and national environmental service has provided these measures are taken in accordance with article 27 of this law, the third subparagraph of paragraph 5, or the fourth paragraph of article 28, paragraph 4, of the costs shall be borne by the operator (individual, public entity or derived sub-delegation authority) of the administrative procedure law.
(4) If the operator whose professional activity caused the environmental damage or the imminent threat of damage, the national environmental service after preventive, emergency and rehabilitation measures, the State Environmental Department of the civil procedure law shall recover from the operator in the amount of money referred to in the first subparagraph to cover costs. The national environmental Guard has been released from State duty payment claims for the recovery of funds referred to in the first subparagraph to cover costs.
(5) the first paragraph of this article costs include costs that is justified by the need to ensure the proper and effective implementation of the provisions of this chapter, including the cost of the damage to the environment, the direct damage and the threat of alternative assessment, administrative costs, legal costs and the costs of enforcement, data collection and monitoring, as well as other costs related to environmental damage or to an imminent threat of injury.
(6) where the operator proves that the environmental damage or the imminent threat of damage caused by a third party, although it was made due to security measures that the operator was required to provide, or environmental damage or imminent threat of damage caused by the public law, observance of the binding decision, which does not apply to the operator of or emissions caused by the accident, the operator: 1) is entitled to recover his cover of preventive and emergency measures;
2) does not cover the costs of reorganisation measures and is entitled to recover his cover costs.
(7) where the operator proves that the environmental damage or the imminent threat of damage caused by a third party, although it was made due to security measures that the operator had the obligation to ensure that the operator is entitled law of civil procedure require that the third party who caused the environmental damage or the imminent threat of damage, make the preventive, emergency and rehabilitation activities.
(8) where the operator proves that the environmental damage or the imminent threat of damage caused by the public law, observance of the binding decision, which does not apply to the operator of emissions or caused by accident, he is entitled to ask for the preventive, emergency, and the costs of reorganisation measures in accordance with national regulatory authorities the damages suffered by the law.
(9) the Operator does not bear the costs of reorganisation measures, if it is shown that the environmental damage is not caused by his willful or recklessly made transaction or omission and the damage to the environment caused by: 1) an emission or activity, which is explicitly allowed and fully in line with article 25 of this law in the fourth part of the operations of the issued administrative act or other conditions;
2) emissions or use of a product's operation if it impacts on the environment in accordance with the scientific and technical knowledge was considered not to be harmful at the time when the emission was released or the activity took place.
(10) the ninth part of this article shall not apply to genetically modified organisms, including genetically modified micro-organisms, contained use, deliberate spread of the equestrian market environment, including transportation.
(11) decision on the finding that the operator's professional activity caused harm you to environmental damage or to an imminent threat of damage, or of third parties and establishing preventive measures or emergency and rehabilitation activities of the national environmental service may accept or application may be submitted to the Court within five years from the date on which those measures were completed, or from the date on which the operator or third party is established, depending on the which of these events is the later.
(12) the proceeds from payments for environmental damage assessment, prevention, preventive or rehabilitation measures, also referred to in the first subparagraph, costs, including the State budget.
(13) arrangements for the invaluable and incalculable environmental damage in the first paragraph of this article costs, determined by the Cabinet of Ministers.
32. article. Joint and several liability for direct damage or threat of damage to the environment (1) on the direct threat of injury or damage to the environment caused by multiple operators, the operators are jointly responsible.
(2) where the operator proves that his action has caused only a part of the direct threat of injury or damage to the environment, the operator shall cover preventive, emergency and rehabilitation activities for the direct damage or threat of environmental damage part caused by his actions.
33. article. Provision of financial guarantees for certain activities in order to ensure this statutory preventive, emergency and rehabilitation activities, the operator may use the collateral types of financing, including insurance, funds and bank guarantees.
34. article. Gathering information on damage to the environment (1) Latvian environment, geology and Meteorology Agency shall establish and maintain a database that collects information on cases where the resulting environmental damage or imminent threat of injury to list the cases in accordance with the provisions of this chapter are to be preventative, emergency and rehabilitation measures.
(2) of this article, the information referred to in the first subparagraph, the Latvian environment, geology and Meteorology Agency provides national environmental service and the operators of the Cabinet of Ministers.
35. article. Force majeure and other exceptions (1) conditions of this chapter shall not apply to cases where the environmental damage or imminent threat of injury incurred exceptional, inevitable, unforeseeable time and inevitable natural phenomenon, or of armed conflict, hostilities, civil war or insurrection (hereinafter referred to as force majeure).
(2) the conditions of this chapter shall not apply to activities the main purpose of which is defence or international security, as well as to activities the sole purpose of which is to protect from natural disasters.
(3) in the case of force majeure, the operator shall immediately inform in writing the national environmental service for environmental damage or to an imminent threat of injury, if possible, indicate the steps taken and planned measures to prevent, control or reduce the environmental damage or the imminent threat of damage, as well as to immediately take all emergency measures.
(4) after the force majeure relief operator provides national environmental information service for environmental damage, the scope and the measures taken to control or eliminate it, as well as an assessment of the current situation.
Chapter VII. Voluntary environmental management measures article 36. Arrangements with economic operators for environmental objectives (1) the State authority may conclude agreement with merchants or merchants of organizations representing the environmental requirements which go beyond environmental legislative requirements, or for specific environmental objectives.
(2) the first paragraph of this article with the Merchant Agreement components can be full or partial exemption from taxation of natural resources the natural resources tax in the cases stipulated by law.
37. article. Voluntarily apply environmental management tools to promote natural resources economically efficient use of limited environmental pollution and reduce environment polluting production and marketing, public bodies and authorities: 1) in public procurement, the technical specifications shall include reasonable environmental protection requirements;
2) may introduce voluntary environmental management features, including environmental certificates, or to promote their application.
38. article. The eco-label (eco-labels) and its (1) to promote environmentally friendly production and distribution, the relevant products conform to the criteria laid down by the European Commission, the European Union eco-label (the label) of the European Parliament and of the Council of 17 July 2000, the Regulation (EC) no 1980/2000 on a revised Community eco-label award scheme.
(2) the Latvian environment, geology and meteorology agency coordinating the European Union's eco-label award scheme (eco-labelling) in Latvia, shall inform the manufacturer of the relevant requirements, promotes the European Union eco-label (the label), as well as to provide necessary information to the European Commission.
39. article. Environmental management and audit system (1) to assess and improve the public and private entities (agencies, merchants, associations, economic actors in URu.tml.) environmental performance, as well as provide the public and other interested parties of relevant information, public and private entities may participate in the European Community eco-management and audit scheme of the European Parliament and of the Council of 19 March 2001, Regulation (EC) no 761/2001 allowing voluntary participation by organisations in a Community eco-management and audit scheme.
(2) environmental monitoring national Office shall take the necessary measures referred to in the first paragraph of the regulation 11, 12 and 13 of article requirements.
(3) environmental monitoring national Office cabinet order shall establish and maintain environmental management and audit system registry and registers public and private entities in the register or the decision on refusal of registration.
(4) the registration of eco-management and audit scheme required elements tested and approved accredited environmental verifier. State Agency "Latvian National Accreditation Bureau ' Cabinet in the order of accreditation of environmental verifiers shall be carried out and monitoring of their activities, as well as establish and maintain a register of environmental verifiers.
Chapter VIII. Environmental science, environmental education and education for sustainable development article 40. Environmental science development in the Ministry of the environment, in cooperation with the Ministry of education and science shall take the necessary measures for the development of environmental science to promote scientific activities in sustainable development, environmental protection and environmental education, ensuring environmental quality studies, eco-innovation and environmental technologies, as well as environmental problem identification and resolution.
Article 41. Environmental science and Education Council (1) the Ministry of the environment in cooperation with other environmental science and environmental education in the participating ministries, universities and colleges creates environmental science and Education Council. The decisions of the Council's recommendations. Council by-laws approved by the Cabinet of Ministers. Ministry of the environment financial support environmental science and Education Council.
(2) environmental science and education the Council promoted by environmental science and environmental education development cooperation institutions, identify and resolve problems related to environmental science and education for sustainable development, as well as to promote cooperation between the bodies involved in the implementation of sustainable environmental policies and the development of instruments.
Article 42. Environmental education (1) the subject or course standard mandatory training content according to the specifics of each subject, the reconciling and ensuring the succession of different education stages, include questions relating to environmental education and education for sustainable development.
(2) University and College all courses included in the mandatory part of the course of environmental protection.
(3) All high school and College educators courses include a course on sustainable development.
Transitional provisions 1. With the entry into force of this law shall lapse by law "on environmental protection" (Republic of Latvia Supreme Council and Government Informant, 1991, 33/34.nr.; The Saeima of the Republic of Latvia and the Cabinet of Ministers rapporteur, 1997, no. 13; 2000, no. 15; 2002, nr. 3, 22; 2003, no. 12; 2004, no. 9; in 2005, no 6; in 2006, No 15).
2. This law, 25, 26, 27, 28, 29, 30, 31, 32, 34 and 35 shall enter into force on 30 April 2007.
3. If the pollution occurred before the April 30, 2007, contaminated and potentially contaminated sites research and restoration carried out in accordance with the law "on pollution".
4. the environmental damage that occurred before 30 April 2007 shall be determined and compensate in the following order: 1) individuals that caused damage to the environment, must: (a)) as to eliminate or reduce the effects of environmental damage in order to avoid negative impacts on the environment and sustainable development environmental hazards, (b)) for the compensation of expenses that are necessary to restore the affected environmental value or create an equivalent environmental values, if environmental damage cannot be avoided;
2 national environmental service) regional environmental management or marine and inland waters Administration Director or specially protected natural areas, the Director of the Administration with the order established by the Commission to determine the damage caused by environmental damage (hereinafter referred to as the Commission). Damage caused by environmental damage, in accordance with environmental laws and regulations of the Commission, on the basis of the inspection;
3) national environment service regional environmental management or marine and inland waters Administration Director or specially protected natural areas, the Director of the Administration in the two months following the checks carried out on the basis of the calculation of the Commission, shall issue the administrative act concerning the prevention of environmental damage and compensate for damage (hereinafter referred to as the Act). Act shall be communicated to the person who caused damage to the environment. The Act sets out the overall loss and determines the term of the renewal work, this work procedure and the period to which the said works carried out. If environmental damage cannot be avoided, the Commission shall set a time-limit within which the loss calculated for the amount to be paid into the State budget;
4) the total damage caused by environmental damage shall be determined on the basis of the amount of work and costs that are required to restore the affected environmental value or create an equivalent environmental values, if environmental damage cannot be avoided, as well as on the basis of the loss amounts in accordance with environmental laws and regulations concerning the environment calculated the remaining and secondary pollution;
5) where environmental damage may prevent the consequences only in part, the person who caused damage to the environment, it is the duty of the remaining loss amount within the time limit laid down in the legislation of a country in General;
6) national environment service regional environmental management or marine and inland waters Administration Director or specially protected natural areas Act issued by the Director of Administration for the month from the date of its entry into force could challenge the environmental monitoring national Office. Environmental monitoring national Office's decision may be appealed to the administrative procedure law.
5. The Cabinet of Ministers: 1) to the 2008 December 1, approved by the environmental policy framework;
2) to the 2007 December 1 approved environmental monitoring program guidelines;
3) to 1 March 2007 does this law article 14, first paragraph, the second paragraph of article 24 and article 41 the provisions referred to in the first subparagraph;
4) until the 2007 December issue 1 article 15 of this law in the first part of article 17, in the second paragraph of article 20, in the second paragraph of article 21, in the second paragraph of article 23, the second paragraph of article 39 of the third and fourth part of these provisions.
6. Until the new cabinet from the date of entry into force of the provisions, but no longer than up to 2007 December 1, following cabinet rules, in so far as they are not inconsistent with this law: 1) the Cabinet of Ministers on 8 April 2003, the provisions of no. 162 "regulations on environmental monitoring and pollutant emission register";
2) Cabinet 24 May 2005 a Regulation No. 357 "nature monuments suffered damage due to the calculation procedure";
3) the Cabinet of Ministers of 20 April 2004 the Regulation No 320 "procedures for establishing and maintaining environmental management and audit system and recorded in the register of organizations";
4) Cabinet on august 3, 2004 No. 689 of the rules "rules for testing and calibration laboratories, certification and inspection bodies and the accreditation of environmental verifiers and supervision";
5) Cabinet of Ministers of 7 March 2006, Regulation No 187 of the "procedures for administrative violations of the Protocol form – statement of movements of vehicles in violation of the terms of the road outside the Baltic Sea and Gulf of Riga coastal dunes, coastal zone beach or specially protected natural territories".
7. Until the new cabinet from the date of entry into force of the provisions, but not longer than until 1 December 2008, apply to the Cabinet of Ministers of 20 April 2004, Regulation No 333 "rules on genetically modified organisms for contained use and deliberate release into the environment and market, as well as monitoring procedures", to the extent they do not conflict with this Act.
8. This law, article 26, paragraph 4, the first subparagraph shall enter into force simultaneously with the 3 May 1996, the International Convention on liability and compensation for damage in connection with the hazardous and noxious substances by sea entry into force.
9. This Act article 21, third paragraph shall enter into force on 1 January 2007.
Informative reference to European Union directives, the law includes provisions resulting from: 1) of the European Parliament and of the Council of 21 April 2004, Directive 2004/35/EC on environmental liability with regard to the prevention and remedying of environmental damage;
2) the European Parliament and of the Council of 26 May 2003 of Directive 2003/35/EC providing for public participation in the drawing up of certain plans and programmes relating to the environment and with regard to public participation and access to Justice Council directives 85/337/EEC and 96/61/EC;
3) of the European Parliament and of the Council of 28 January 2003 of Directive 2003/4/EC on public access to environmental information and repealing Council Directive 90/313/EEC;
4) of the European Parliament and of the Council of 23 October 2000, Directive 2000/60/EC establishing a framework for Community action in the field of water policy.
The law adopted by the Parliament in 2006 on November 2.
State v. President Vaira Vīķe-Freiberga in Riga 2006 15 November Editorial Note: the law shall enter into force on 29 November 2006.