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Amendments To The Law "on Environmental Protection"

Original Language Title: Grozījumi likumā "Par vides aizsardzību"

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The Saeima has adopted and the President promulgated the following laws: the amendments to the law "on environmental protection" to do the law "on environmental protection" (the 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.) the following amendments: 1. Replace the entire law, the words "the protection of the environment and regional development Ministry" (fold) with the words "Ministry of environment" (fold).
2. To turn off "the terms used in the law," the term "State Cadastre of natural resources" and its explanation.
3. Put the name of article 4 by the following: "article 4. Environmental protection laws ".
4. Put article 5 by the following: "article 5. National security is the protection of the environment, the protection of the environment in the Republic of Latvia provides: 1) State, local authorities and environmental protection authorities;
2) State control over environmental legislation;
3) environmental monitoring national system;
4) natural resources, the use of the early‐warning;
5) environmental impact assessment;
6) environmental protection facilities;
7) environmental information and environmental education;
8) land planning. "
5. in article 5.2: to supplement the first subparagraph following the words "company environmental management" with the words "and audit";
to supplement the first sentence with the following: "the company participation in the eco-management and audit scheme is voluntary.";
make the third paragraph as follows: "the environmental impact assessment State Bureau cabinet order set up, maintain and restore the eco-management and audit system included in the business register, the environmental verifier accreditation system and a register of environmental verifiers carried out registration of companies environmental management and audit system registry, environmental verifiers the accreditation and oversight of operations."
6. Supplement article 7, after the word "bodies" with the words "in cooperation with public organizations".
7. Express article 8 by the following: ' article 8. The competence of the Ministry of environment, Ministry of the environment: – develop and implement the environmental and nature protection as well as the use of natural resources and the reduction of climate change policy, developing regulations, control their implementation and to establish the required institutional structure;
— develop and not less frequently than every five years, renewed environmental policy plan;
— monitor environmental impact assessment;
— the national territory, continental shelf, and the Baltic Sea economic zone of the Republic of Latvia national control over the protection of the environment and use of natural resources in compliance with the law;
— develop and submit proposals to the Cabinet on the specially protected natural areas;
— ensure the Latvian Environmental Protection Fund and the investment fund of the environment laws and other regulations in accordance with the procedure laid down in the legislation;
— ensure foreign and international funds allocated in the relevant areas, as well as the European Union co-financed environmental investment project application preparation and implementation of these projects;
-other legal or statutory functions of the environment and nature protection, natural resources and the reduction of climate change. "
8. in article 9: make 1 paragraph by the following: "1) participates in the environmental protection of the Republic of Latvia, the use of natural resources and climate change reduction policy;";
Supplement to the article 13, 14 and 15 of the following paragraph: "13) makes provisions for surface cleaning and deepening of the ūdensobjekt;
14) genetically modified organisms in contained use, deliberate release into the environment and market, as well as monitoring procedures;
15) determines which types of batteries and accumulators applies the deposit system, its application and deposit fees. "
9. Article 10: replace in paragraph 2, the word "law" with the words "laws";
to supplement the article with the following paragraph: "taking care of the quality of the environment in their administrative territory."
10. To supplement the law with the 10.1 article as follows: "article 10.1. Environmental Advisory Council in the Ministry of environment in cooperation with public organizations and professional associations establish environmental Advisory Board, whose decisions in the field of environmental protection is recommended. The Minister of the environment approved by the Council regulation and Council personnel. Charter establishes environmental rights Advisory Board, the function and agenda.
Environmental Advisory Council aims to promote the widest possible public involvement in environmental decision making, cooperation and exchange of information in the field of environmental protection between each of the individuals and the general public, government institutions and local authorities, as well as to encourage the provision of proposals on issues related to environmental policy development and implementation and the preparation of appropriate legislation. "
11. Article 11: turn off the title and text, the word "life";
to supplement the article with the second part as follows: "citizens of the Republic of Latvia is entitled in connection with the protection of the environment or the exploitation of natural resources in violation of the laws apply to State and local government institutions and the laws in court."
12. Article 13: put the title and the introductory paragraph as follows: "article 13. The public environmental protection measures in any natural and legal person, as well as their associations, organizations and groups (hereinafter the company) is right: ";
Replace paragraph 5, the words "environmentally hazardous economic and other effects on the environment" with the words "dangerous for the environment to economic and other activities";
make paragraph 6 by the following: '-the law in order to turn to law enforcement agencies in connection with national and municipal institutions act or omission of matters affecting the public interest in the field of the environment, as well as the laws and regulations in order to challenge or appeal against decisions on these issues of public administration institutions and municipal decisions; "
to supplement the article with point 7 the following reaction: ' — submit the Environmental Advisory Board proposals and recommendations for environmental regulatory frameworks, as well as developing environmental plans, programs or projects. "
13. in article 14: put the name of the article as follows:

"article 14. Local environmental protection authorities and the obligation to promote the public's active participation in improving the quality of the environment and the protection of the environment ";
Add to the introductory paragraph, after the word "responsibilities" with the words "within their competence";
make paragraph 1 by the following: "— to examine everyone's submissions and proposals with regard to the protection of the environment and natural resources and to inform the person of the decision taken;"
Replace in paragraph 2, the words "citizens and social organisations" with the word "society";
to complement the article, paragraph 3 by the following: ' — human health or environmental menacing danger immediately distribute the information in your possession when it can empower the public, which is or may be affected, appropriate action to mitigate the risk of adverse effects or consequences or avoid them. "
14. Replace article 15, second paragraph, the word "code" with the words "the law".
15. in article 17.1: make the name of the article, first, second and third subparagraph by the following: "17.1 pants. The public's right to information on the environment and the availability of information to the public is entitled to receive from the State authorities and municipalities environmental information: any information in written, Visual, aural, electronic or any other format of: 1) State of the environment, including information on water, air, soil, Earth's depths, flora, fauna, natural areas and landscapes, biodiversity, species and habitats and the interaction of these components, as well as information on genetically modified organisms;
2) load and anthropogenic activities that affect or may affect in paragraph 1 of this article, those components of the environment or the environment as a whole;
3) environmental protection measures, including administrative measures that affect or may affect in paragraph 1 of this article, those components of the environment, on measures aimed at protecting these components, including information on environmental policies, programs, plans, strategies and legislation, and information on applications for licences and permits (also on the conditions of the permit) activities that may affect the quality of the environment;
4) reviews and reports on the protection of the environment;
5) human health and safety, conditions of human life, cultural environment, structures and construction, in so far as it affects or may affect the paragraph 1 of this article, the environmental component referred to in condition 2 and 3 the measures referred to in points.
The public is entitled to receive environmental information from persons who, under the laws and the exercise of State administration functions related to the performance of the specific obligations, actions or provide services, or information located in the monitoring.
The first and second subparagraph, environmental information holders to ensure that the public is able to get them on-hand (or the institution they received) and the environmental information available to them, including information on national or local authorities controlled the activities of environmental protection, on the basis of the licences issued to carry out the operation and the pollutant content, information on safety measures and emergency action. State institutions and public authorities ensure the access to environmental information, which is stored in the task of natural or legal persons. ";
to supplement the article with the seventh and eighth by the following: "environmental information restrictions in each individual case must be balanced against the public interest in disclosure of the information. The company is required to provide information on emissions into the environment. Information on emissions into the environment can not be limited by the availability of information.
Applicant and a third party whose rights and legitimate interests are or may be violated, has the right to appeal against an information holder's actions or omissions with respect to the requested environmental information, submitting the first application for a higher authority and then going through the appeal court in the law. "
16. in article 17.2: Add to the third paragraph with the sentence the following wording: "the national institution and the local authority has a duty to assess the validity of the information provided.";
to make the fourth subparagraph by the following: "public bodies, municipalities and communities, collaboration (information, consultation and active participation), supports environmental decision making in relation to the rights and interests of the individual with the rights and interests of the public in the field of environmental protection."
to supplement the article with the fifth and sixth the following: "public databases shall contain at least the following information: — the protection of the environment and natural resource laws and regulations as well as international treaties, conventions and European Union legislation;
-environmental policy plans, programmes, strategies and plans in relation to the environment;-reports on the first two paragraphs of that document, if any, and a report on the State of the environment;
— data or summaries of data on the monitoring of activities affecting, or likely to affect, the environment;-information on authorisations issued in accordance with the law "on pollution", and this permit or an indication of where such information can be requested or found;
-environmental impact studies and risk assessments concerning this law 17.1 article referred to in paragraph 1 or of the environmental components indicated that such information can be requested or found.
Environmental information including the publicly available databases, comply with the regulations set out requirements for the limited availability of information. "
17. in article 17.4: express first and second subparagraph by the following: "the provision of environmental information to ensure, taking into account the specific conditions of this law as well as under the freedom of Information Act requirements and the laws and requirements with respect to the limited availability of information, the procedure and time limits. If the information is not necessary in the particular process or preparation, response to request to be provided as soon as possible. National Statistics Act limitations and privacy does not apply to the provision of environmental information and use.
State institutions and local executive responsibility to provide environmental information to the applicant the necessary assistance in formulating as well as, if necessary, specifying the request. ";
adding to the third paragraph with the sentence by the following:

"On environmental information, which is collected and gathered on the State, local governments or environmental protection fund, can claim that corresponds to the information processing and issuance costs.";
to supplement the article with the fourth paragraph by the following: "environmental information provide the information specified in the request form or format, except when: — the information requested is already available in the form or format and accessible to the applicant;
— There is a reason to issue information form or format; in this case, the applicant should be informed of those reasons. "
18. in article 10.9: make the second paragraph by the following: "public institutions and local authorities, making a decision that affects the environment and use of natural resources, including the decision on the acceptance of such action, which conducted environmental impact assessment: assess the views expressed in the public participation process;
rather the individual's rights and interests to the public the benefits and losses, respecting the principle of sustainable development. ";
adding to the third paragraph with the sentence by the following: "national environmental institutions cooperate with the Environmental Advisory Council, which submits the opinion and proposal projects.";
to make the fourth subparagraph following the words "preparatory" by the following: "laying down deadlines, providing opportunities for public participation, as well as ensure timely public availability of the draft".
19. off 17.6 article after "national institutions", the word "and" and adding to the article after the word "the" with the words "local authorities and public bodies, as well as the Environmental Advisory Council."
20. off 21.
21. Article 25: replace the title and the text, the words "discharge (discharge)" (fold) with the word "emission" (fold);
to complement the article, after the words "existing institutions" with the words "in accordance with the law" on pollution "conditions".
22. Article 29 of the expression by the following: ' article 29. Obligations of the users of natural resources natural resources the user is obliged to promote low-waste production cycles, clean and sealed water technologies. "
23. Replace article 44 the ninth paragraph, the words "the protection of the environment and the Minister of regional development" with the words "Minister of environment".
24. in article 44.1: turn off the first part of paragraph 2, the words "in the absence of the sort of" and replace the words "discharge (discharge)" with the words "emissions";
make the first part of paragraph 9 by the following: "9) environmental legislation requirements in construction and newly built object location, object, reconstructing, expanding production capacity and pārprofilēšan, but in terms of the activities envisaged, which does not require an environmental impact assessment, compliance with the technical provisions and the State environment authorities issued special rules of civil design requirements;";
to supplement the article with the third part as follows: "the State environment inspectorate: 1) participates in the construction of the control, if the building is built in the dunes, the beach and the sources of the water protection zone, proper and specially protected natural areas, and the work of the Commission, which shall take the appropriate decision-making structures into, as well as participating in the control of other legislation the cases;
2) according to the results of the checks carried out and the respective opinions of the participants in the construction of binding guidelines for the prevention of the laws, if the building is built in the dunes, the beach and the sources of the water protection zone and specially protected natural areas. "
25. in article 44.2: Supplement 1 of the first subparagraph of paragraph before the word "smooth" with the words "to enter or enter and";
make the first part 2, 3 and 4 as follows: "2) hold in environmental law violators and if necessary (for clearance of the person), to deliver them to the police premises;
3) view and check the environmental law violators personal effects, and vehicles, confiscation illegal obtained from natural resources and production, its mining tools and other trace evidence in the collection, storage, processing and marketing places the State Environment Inspectorate's order;
4) suspend or prohibit the specially protected natural areas, which do not meet the environmental and natural resources law; ";
to supplement the first part of paragraph 12 of the following wording: "12") controlling the compliance with environmental protection requirements in construction, building and construction followed up. "
26. To complement the article 47 of the second part as follows: "the State environment inspectorate may involve the protection of the environment and use of natural resources are controlled by the public environmental inspectors. The State environment inspectorate may delegate a public environmental inspectors the right to draw up protocols on administrative violations. The public environmental inspectors izvirzāmo criteria, their rules of procedure and a sample of the certificate approved by the Minister of the environment. "
27. Article 48 excluded the word "disciplinary".
28. Article 50: replace the first paragraph, the words "Penal Code" with the words "criminal law";
replace the second paragraph, the words "ecological crime" with the words "criminal offences against the environment".
29. Replace article 56 in the second part of the word "code" with the word "law".
30. Article 63 of the expression as follows: "article 63. The environmental damage compensation resulting from the Latvian Republic to pay to the other countries of the environmental damage as a result of the losses, in accordance with the concluded international treaties, as well as the procedures for their implementation.
The environmental damage as a result of the loss amount, if the damage was caused in the territory of another State and the losses incurred by Latvian environment, including the Latvian Environmental Protection Fund. "
31. the transitional provisions: to make paragraph 1 by the following: "1.5.1 and 5.2 of the law's entry into force article will be determined by a special law.";
transitional provisions be supplemented with 6, 7, 8 and 9 in paragraph by the following: "6. The Cabinet of Ministers to 30, 2003 November issue 13 article 9 the provisions referred to in the paragraph.
7. in article 17.3 of the law the fifth and sixth, and the fourth part of article 17.4 shall enter into force on 14 February 2005.
8. The Cabinet of Ministers-2004 January 1 issue 14 article 9 the provisions referred to in the paragraph.

9. The Cabinet of Ministers until July 1, 2004, manages paragraph 15 of article 9 of these rules. "
32. To supplement the law with reference to the following: "Informative reference to European Union directives, the law includes provisions arising from the directive 90/313/EEC, 2003/4/EC and 2000/60/EC."
The Parliament adopted the law of 15 May 2003.
State v. President Vaira Vīķe-Freiberga in Riga, June 3, 2003 Editorial Note: the law shall enter into force on 17 June 2003.