Environmental State Inspectorate

National Infrastructure for Management of Chemicals

Mini - Profile

RIGA 1999

CONTENTS

Summary

Preface

Charter 1 General Information about Latvia

Chapter 2 International obligations of the Republic of Latvia regarding chemicals

Chapter 3 Sharing of responsibility in the chemicals management

Chapter 4 Hazardous waste problems

Chapter 5 Plant protection products (Pesticides)

Annex 1 The Law on Chemical Substances and Chemical Products

Annex 2 The Law of the Republic of Latvia on Hazardous Waste

SUMMARY

One of the first legislative acts after regaining of independence which underlines necessity for appropriate handling of chemicals is Law On Environmental Protection (1991). Environmental Protection Law has an overarching function in the environmental legal system.

Chemical Substances and Chemical Products Law. The Law is into force since January 1, 1999. The new law is essentially in harmony with Council Directive 671548/EEC and 88/379/EEC. This law itself does not fully implement any of the European Union chemicals Directives. It is like a frame law for chemicals especially dangerous substances sector. Thus it does provide for several supporting regulations (second level legislation) related to each particular element of the European Union Directives concerning the chemicals:

• Regulations of Cabinet of Ministers on Classification of chemical substances and chemical products; Regulations of Cabinet of Ministers on the packaging and labelling concerning chemical substances and chemical products;
• Regulations of Cabinet of Ministers on Notification of new substances;
• Regulations of Cabinet of Ministers on Safety data sheets;
• Regulations of Cabinet of Ministers on Prohibitions, limitations or restrictions on the handling, use and marketing of certain dangerous chemicals;
• Regulation of Cabinet of Ministers on the Register of chemical substances and chemical products;
• Regulations of Cabinet of Ministers on the Hazards and risk assessment and reduction of industrial (major) accidents;
• Lists of existing and notified substances.

This Law shall not apply to the following products in the finished stage, intended for final user: medical products (including veterinary medicine); cosmetics; foodstuffs, food additives and animal feeding stuffs; pesticides; radio-active substances; readymade explosives or chemical substances put on market with aim to obtain pyrotechnically effects; biotechnological products; wastes; additional provisions for transport of dangerous goods, and additional provisions regarding the narcotics and psychotropic substances and the precursors.

The Law states competence of institutions for control and supervision of activities with chemicals in generaly. The competence between different institutions has to be divided more precisely. Ministry of Welfare and Ministry of Environmental Protection and Regional Development share responsibility for implementation on Chemical Substances and Chemical Products law and for elaboration and implementation of the second level legislation under this law.

The Ministry of Environmental Protection and Regional Development made one action (seminar "Implementation of European Union Chemical legislation in Latvia") in order to inform/ involve economic operators about requirements of Regulation of the Cabinet of Ministers on procedure for compilation and supplying with Safety Data Sheets of chemical substances and chemical products, and other issues related to chemicals control including restrictions, classification e.t.a.

Latvia participates in Baltic Co-operation project on Chemicals control, which was established by Baltic Environmental Forum, Sweden and Finland. Objectives of this project are:

• Improve the knowledge and skills on classification and labelling of substances and preparations among producers, importers, professional users and inspectors;
• Develop the information tools to identify substances placed on the national market, which are of concern due to their hazardous properties and use patterns.

Expected outcomes of mentioned project are:

• Training program on European Union classification, labelling, packaging and safety data sheets;
• Schedule and funds for programme implementation;
• Information brochure on classification and labelling in national language ;
• Training capacity (trained trainers) to carry out the training programme;
• Involvement of trade and industry;
• Strategy for the implementation of risk assessment principles;
• Strategy for obtaining information about chemicals on the market in an efficient way;
• Branch inventory of chemical products in at least one sector of industry and transfer strategy;
• Co-operation with regard to border controls, import-export statistics and market surveys.

The Republic of Latvia has signed and ratified (1996) the Convention on the Prohibition of Development, Production, Stockpiling, and Use of Chemical Weapons and on Their Destruction.

The HELCOM Recommendation 19/5 was adopted 26 March 1998, having regard to article 13, paragraph b) of the Helsinki Convention "HELCOM Objective with Regard to Hazardous Substances" with the attachment "Strategy To Implement HELCOM Objective With Regard To Hazardous Substances".

Latvia is participating in the work of the International Forum of Chemical Safety.

PREFACE

Residents of the Republic of Latvia have the right to live in a qualitative human environment and to request that competent State institutions, legal entitles and their officials, as well as physical persons, discontinue such actions or inaction that degrade the environment, harm residents' health or endanger their lives, interests and property.

The Law of the Republic of Latvia 'On Environmental Protection', Article 1.

It is impossible to imagine an improvement of living standards in Latvia without an improvement in the state of the environment. When the quality of the environment is compromised, the national economy and society lose because environmental problems have adverse effects on human health, the stability of natural ecosystems, as well as the availability and quality of natural resources. A degraded environment also has a negative impact on public self-awareness in general. In order to reduce negative impacts on the environment, radical changes are necessary in national decision making and public attitudes towards the environment in general. A qualitative environment is a prerequisite for sustainable development in Latvia.

Environmental protection, just as any branch of the national economy, needs a clear-cut development strategy. The National Environmental Policy Plan (NEPP) offers such a strategy, and its necessity was determined by several considerations. First, the NEPP formulates basic environmental policy goals for the coming 20 - 30 years, listing principles upon which the policy should be based, and instruments for its implementation. The NEPP also discusses and analyses priority problems. It should be noted that priorities have been set at different levels according to the effects of time and location.

Taking into account the fact that the system of government, the national economy and society in general in Latvia are in a transition period, clear environmental requirements can be incorporated into larger scale State administration reforms, new legislation, and implementation of relevant economic projects. Therefore, separate ministries in drafting their strategies could use the NEPP. The NEPP also gives serious investors an idea of the types of changes in environmental requirements that may be expected in the coming years.

Active public participation is necessary for the resolution of many environmental problems. Various public organisations, formal and informal interest groups, as well as individuals can find a point of impact/attack in the NEPP for the solution of environmental problems that affect them.

An environmental strategy is necessary not only for Latvia - it is an essential step in the establishment of a common European environmental system. The necessity for national environmental strategies and action programmes was emphasised at the conferences for the Ministers of Environmental Protection of Europe in Dobris (1989) and Lucerne (1993). Thus, adoption of the NEPP as the environmental strategy for Latvia is another step towards the integration of Latvia into Europe. Having signed the Lucerne Declaration, Latvia assumed responsibility for the development of a national strategy and action programme. Therefore, also the conclusions and principles of the Environmental Action Programme for Central and Eastern Europe (endorsed in Lucerne) were taken into account when elaborating the NEPP The plan is also based to a large extent on conclusions of the UN Conference for Environment and Development (Rio de Janeiro, 1992) in regards to the need for sustainable development.

A cohesive environmental protection strategy is a strong argument to use in negotiations with potential investors, since it proves Latvia is a safe partner for co-operation that knows what it wants. It provides opportunities to channel funds towards solving the most urgent problems, as well as for substantiating the necessity of projects.

In order to implement the NEPP and further elaborate environmental policy, it is necessary to:

• guarantee the integration of environmental policy into general national development policy;
• achieve public participation in setting priorities and choosing the best practicable measures for the solution of environmental problems;
• select appropriate policy instruments for each problem situation and target group;
• involve target groups and all levels of government;
• when necessary, ensure that the State covers some of the environmental or rehabilitation costs;
• provide conditions for the promotion of environmentally friendly activities.

Chemicals, including pesticides, industrial chemicals, and consumer chemicals, have become indispensable in many economic activities and are increasingly used in the industrial, agricultural and consumer sectors of all societies. However, increasing evidence suggests that chemicals can contribute to health and environmental problems at various stages during their life cycle from production/import through disposal. Such problems include pollution generated during production processes, improper handling, storage and transport accidents, occupational accidents and diseases, and environmental contamination due to unsound disposal methods. The majority of such evidence is associated with the use, and misuse, of pesticides in the agricultural sector, but increase of industrial and consumer chemicals are reported to cause severe health and environmental problems as countries develop from agricultural to industrial societies.

It is now widely recognised that chemicals need to be managed properly in order to achieve a sustainable level of agricultural and industrial development and a high level of environmental and human health protection. One important step in strengthening national systems for the management of chemicals is a comprehensive assessment of the national infrastructure, relating to the legal, institutional, administrative and technical aspects of chemical management, along with an understanding of the nature and extent of chemical availability and use in the country.

I. GENERAL INFORMATION ABOUT LATVIA

The Republic of Latvia is located in north-eastern Europe, on the Eastern coast of the Baltic Sea. It is bordered by   Estonia on the north, by Lithuania on the South and Southwest, by the Russian Federation on the East, and by Belarus to the Southeast. Latvia’s territory of 64589 km2 is divided into four historical districts: Kurzeme (western Latvia), Zemgale (southern Latvia), Vidzeme (northern Latvia) and Latgale (eastern Latvia).

The average elevation of the land surface is 87 m above sea level, and the highest point Gaizinkalns rises to 312 m. Of the total land area 39% is cultivated, including 26% arable land; about 44% of the total territory of Latvia are forests, shrubs and groves.

Latvia is not rich in important mineral resources, solely peat is produced at industrial amounts. There are significant reserves of raw building materials - limestone, gypsum, dolomite, clay and gravel.

In Latvia are more than 3000 lakes (total area is 1 001 km2 - 1,56% country’s territory) and nearly 12 000 rivers, but only 777 are more than 10 km long. Longest rivers are the Daugava, the Gauja, the Venta and the Ogre. Largest lakes are the Lubanas, the Raznas, the Engures and the Burtnieku. Marshes cover ~ 6 400 km2 (10% country’s territory).

Climate in Latvia is determined by the proximity of the Atlantic Ocean. To a large extent climate in Latvia is influenced by flows of marine air. Frequent cyclones bring about considerable weather changes. Temperature in summer 20-28 ºC; wet, moderate winters, temperature around 0ºC.

Administratively Latvia is divided into 26 districts with local authorities. The capital of Latvia - Riga - was founded in 1201 and today is the biggest city in the Baltic States. Other largest cities are Daugavpils, Liepaja, Jelgava and Ventspils. Liepaja and Ventspils being ice-free ports on the Baltic Sea have always played an important role in the formation of policy and economy of Latvia.

Of the total population of 2,496,981 (beginning of 1996), 70,7% are citizens of Latvia. Latvia’s population is made up of several ethnic groups. Whereas census data before World War II listed ethnic Latvians as 77% of the total population, according to the State Statistics Committee in April 1995, Latvians make up 56,65% of population, Russians 30,33%, Belorussians 4,33%, Ukrainians 2,73% and Poles 2,58%. Other ethnic groups include Lithuanians, Jews, Gypsies, Estonians and others. The state language is Latvian.

Latvia is a parliamentary republic, first established on November 18, 1918. Its de facto sovereignty and independence ended with the USSR’s June 17, 1940 occupation of Latvia, which was followed by the illegal soviet annexation of Latvia as a USSR republic, German occupation (1941-45) and 46 more years of Soviet occupation (1945-91).

Both the Declaration of the Renewal of the Independence of the Republic of Latvia dated May 4, 1990 and the August 21, 1991 declaration re-establishing de facto independence proclaimed the authority of the Satversme (Constitution). The highest legislative body in Latvia is the one-chamber Saeima (Parliament), whose 100 deputies are elected for four years in direct, proportional elections by citizen 18 years of age and over.

Latvia has applied for membership in European Union and NATO.

Latvia is rapidly becoming a dynamic market economy, rivalled only by Estonia among the former Soviet states in the speed of its transformation. However, the transition has been painful; in 1994 the IMF reported a 2% growth in GDP (GDP per capita $4.245 in 1996) following steep declines in 1992-93. The national currency is Lat, and is fully convertible abroad. The government’s tough monetary policies and reform program have kept inflation at less than 2% a month, supported a dynamic private sector now accounting for more than half of GDP, and spurred the growth of trade ties with the West. Much of agriculture is already privatized and the government plans to step up the pace of privatization of state enterprises. Latvia thus is in the midst of recovery, helped by the country’s strategic location on the Baltic Sea, its well-educated population, and its diverse - albeit largely obsolete - industrial structure.

II. INTERNATIONAL OBLIGATIONS OF THE REPUBLIC OF LATVIA REGARDING CHEMICALS

DEVELOPING OF ENVIRONMENTALLY SOUND MANAGEMENT OF TOXIC CHEMICALS IN LATVIA ACCORDING AGENDA 21 OF RIO CONFERENCE

A substantial use of chemicals is essential to meet the social and economic goals of the world community and today's best practice demonstrates that they can be used widely in a cost-effective manner and with a high degree of safety. However, a great deal remains to be done to ensure the environmentally sound management of toxic chemicals, within the principles of sustainable development and improved quality of life for humankind. Two of the major problems, especially for Latvia, are:

• lack of sufficient scientific information for the assessment of risks entailed by the use of a great number of chemicals;
• lack of resources for assessment of chemicals for which data are at hand.

Gross chemical contamination, with grave damage to human health, genetic structures and reproductive outcomes, and the environment, has in recent times been continuing within some of the world's most important industrial areas. Restoration will require major investment and development of new techniques. The long-range effects of pollution, extending even to the fundamental chemical and physical processes of the Earth's atmosphere and climate, are becoming understood only recently and the importance of those effects is becoming recognised only recently as well.

A considerable number of international bodies are involved in work on chemical safety. In Latvia similarly as in many countries, work programmes for the promotion of chemical safety are in place. Such work has international implications, as chemical risks do not respect national boundaries. However, a significant strengthening of both national and international efforts is needed to achieve an environmentally sound management of chemicals.

Six programme areas are proposed:

• Expanding and accelerating international assessment of chemical risks;
• Harmonisation of classification and labelling of chemicals;
• Information exchange on toxic chemicals and chemical risks;
• Establishment of risk reduction programmes;
• Strengthening of national capabilities and capacities for management of chemicals;
• Prevention of illegal international traffic in toxic and dangerous products.

To varying degrees, the programme areas involve hazard assessment (based on the intrinsic properties of chemicals), risk assessment (including assessment of exposure), risk acceptability and risk management.

The broadest possible awareness of chemical risks is a prerequisite for achieving chemical safety. The principle of the right of the community and of workers to know those risks should be recognised. However, the right to know the identity of hazardous ingredients should be balanced with industry's right to protect confidential business information. The industry initiative on responsible care and product stewardship are developed and promoted. Industry should apply adequate standards of operation in Latvia in order not to damage human health and the environment.

EXPANDING AND ACCELERATING INTERNATIONAL ASSESSMENT

OF CHEMICAL RISKS

Assessing the risks to human health and the environment hazards that a chemical may cause is a prerequisite to planning for its safe and beneficial use. Among the approximately 100,000 chemical substances in commerce and the thousands of substances of natural origin with which human beings come into contact, many appear as pollutants and contaminants in food, commercial products, and the various environmental media. Fortunately, exposure to most chemicals (some 1,500 cover over 95 per cent of total world production) is rather limited, as most are used in very small amounts. However, a serious problem is that even for a great number of chemicals characterised by high-volume production, crucial data for risk assessment are often lacking. Within the framework of the OECD chemicals programme such data are now being generated for a number of chemicals.

Risk assessment is resource-intensive. It could be made cost-effective by strengthening international co-operation and better co-ordination, thereby making the best use of available resources and avoiding unnecessary duplication of effort. However, Latvia should have a critical mass of technical staff with experience in toxicity testing and exposure analysis, which are two important components of risk assessment.

The objectives of programme are:

To strengthen international risk assessment (Latvia is not participating in this part of programme as a result of lacking of financial resources). Several hundred priority chemicals or groups of chemicals, including major pollutants and contaminants of global significance, should be assessed by the year 2000, using current selection and assessment criteria;

To produce guidelines for acceptable exposure for a greater number of toxic chemicals based on peer review and scientific consensus distinguishing between health- or environment-based exposure limits and those relating to socio-economic factors. Latvia is not participating also in this part of programme.

Activities:

Management-related activities

Latvia through the co-operation of relevant international organisations and industry, where appropriate, should:

(a) Strengthen and expand programme on chemical risk assessment together with other organisations, including the Organisation for Economic Co-operation and Development (OECD), based on an agreed approach to data-quality assurance, application of assessment criteria, peer review and linkages to risk management activities, taking into account the precautionary approach;

(ii) develop procedures for the exchange heir assessment reports on chemicals with other countries for use in national chemical assessment programmes.

(b) Data and information

Our country through the co-operation of relevant international organisations and industry, where appropriate, should:

(i) Give high priority to hazard assessment of chemicals, that is, of their intrinsic properties as the appropriate basis for risk assessment;

(ii) Generate data necessary for assessment, building, inter alias, on programmes of IPCS (UNEP, WHO, ILO), FAO, OECD and EC and on established programmes other regions and Governments. Industry should participate actively.

Our industry should provide data for substances produced that are needed specifically for the assessment of potential risks to human health and the environment. Such data should be made available to relevant national competent authorities and international bodies and other interested parties involved in hazard and risk assessment, and to the greatest possible extent to the public taking into account legitimate claims of confidentiality.

(c) International and regional co-operation and co-ordination

Latvia, through the co-operation of relevant international organisations and industry, where appropriate, should:

(i) Develop criteria for priority setting for chemicals of global concern with respect to assessment;

(ii) Review strategies for exposure assessment and environmental monitoring to allow for the best use of available resources, to ensure compatibility of data and to encourage coherent national strategy for that assessment.

(c) Human resource development

Governments and non-governmental organisations should launch training and education projects involving women and children, who are at greatest risk, in order to enable Latvia to make maximum national use of international assessments of chemical risks.

Capacity-building

Latvia hopes for support from international organisations in developing and strengthening risk assessment capabilities at national levels to minimise, and as far as possible control and prevent, risk in the manufacturing and use of toxic and hazardous chemicals. Technical co-operation and financial support or other contributions are most preferable to be given to activities aimed at expanding and accelerating the national assessment and control of chemical risks to enable the best choice of chemicals.

HARMONISATION OF CLASSIFICATION AND LABELLING OF CHEMICALS

Basis for action

Adequate labelling of chemicals and the dissemination of safety data sheets such as ICSCs (International Chemical Safety Cards) and similarly written materials, based on assessed hazards to health and environment, are the simplest and most efficient way of indicating how to handle and use chemicals safely.

For the safe transport of dangerous goods, including chemicals, a comprehensive scheme elaborated within the United Nations system is in current use. This scheme mainly takes into account the acute hazards of chemicals.

Globally harmonised hazard classification and labelling systems are not yet available to promote the safe use of chemicals, inter alia, at the workplace or in the home. Classification of chemicals is made for different purposes and is a particularly important tool in establishing labelling systems. There is a need to develop harmonised hazard classification and labelling systems, building on ongoing work.

Objectives:

A harmonised hazard classification and compatible labelling system, including material safety data sheets and easily understandable symbols, will be available by the year 2000.

Activities:

(a) Management-related activities

Latvia, through the co-operation of relevant international organisations and industry, where appropriate, trends to establish and elaborate a harmonised classification and compatible labelling system for chemicals for our country including adequate pictograms.

(b) Data and information

Latvia established a co-ordinating group to:

(i) Evaluate and, if appropriate, study existing hazard classification and information systems to establish general principles for a harmonised system;

(ii) Develop and implement a work plan for the establishment of a harmonised hazard classification system. The plan includes a description of the tasks to be completed, deadline for completion and assignment of tasks to the participants in the co-ordinating group;

(iii) Elaborate a harmonised hazard classification system;

(iv) Draft proposals for standardisation of hazard communication terminology and symbols in order to enhance risk management of chemicals;

Elaborate a harmonised labelling system.

Means of implementation:

Human resource development

Government and institutions and non-governmental organisations, with the collaboration of appropriate international organisations and programmes, should launch training courses and information campaigns to facilitate the understanding and use of a new harmonised classification and compatible labelling system for chemicals.

INFORMATION EXCHANGE ON TOXIC CHEMICALS

AND CHEMICAL RISKS

Basis for action

Activities, related to information exchange on the benefits as well as the risks associated with the use of chemicals, are aimed at enhancing the sound management of toxic chemicals through the exchange of scientific, technical, economic and legal information.

The London Guidelines for the Exchange of Information on Chemicals in International Trade are a set of guidelines adopted by Governments with a view to increasing chemical safety through the exchange of information on chemicals. Special provisions have been included in the guidelines with regard to the exchange of information on banned and severely restricted chemicals.

In order to address this issue, provisions for Prior Informed Consent (PIC) procedures were introduced in 1989 in the London Guidelines and in the International Code of Conduct on the Distribution and Use of Pesticides (FAO). In addition a joint FAO/UNEP programme has been launched for the operation of the PIC procedures for chemicals, including the selection of chemicals to be included in the PIC procedure and preparation of PIC decision guidance documents. Unfortunately, the Republic of Latvia is not a contracting party of ILO chemicals convention which calls for communication between exporting and importing countries when hazardous chemicals have been prohibited for reasons of safety and health at work.

The objectives of programme are:

(i) To promote intensified exchange of information on chemical safety, use, and emissions among all involved parties;

(ii) To achieve by the year 2000, as feasible, full participation in and implementation of the PIC procedure, including possible mandatory applications through legally binding instruments contained in the Amended London Guidelines and in the FAO International Code of Conduct, taking into account the experience gained within the PIC procedure.

Activities:

Management-related activities

Latvia s with the co-operation of industry should:

(i) Strengthen national institutions responsible for information exchange on toxic chemicals and promote the creation of national centre;

(ii) Gain for technical co-operation with, and providing of information including training in the interpretation of relevant technical data, such as Environmental Health Criteria Documents, Health and Safety Guides and International Chemical Safety Cards.

Data and information

Latvia with the co-operation of industry should:

(i) create national chemical information system and improve access to existing international systems;

(ii) Improve databases and information systems on toxic chemicals, such as emission inventory programmes, through provision of training in the use of those systems as well as software, hardware and other facilities;

(iii) knowledge and information on severely restricted or banned chemicals to importing countries to enable them to judge and take decisions on whether to import, and how to handle, those chemicals and establish joint responsibilities in trade of chemicals between importing and exporting countries;

(iv) Provide data necessary to assess risks to human health and the environment of possible alternatives to banned or severely restricted chemicals.

(c) International and regional co-operation and co-ordination

Latvia with the co-operation of industry should co-operate in establishing, strengthening and expanding, as appropriate, the network of designated national authorities for exchange of information on chemicals and establish a technical exchange programme to produce a core of trained personnel within our country

ESTABLISHMENT OF RISK REDUCTION PROGRAMMES

Basis for action

There are often alternatives to toxic chemicals currently in use. Thus, risk reduction can sometimes be achieved by using other chemicals or even non-chemical technologies. The classic example of risk reduction is the substitution of harmless or less harmful substances for harmful ones. Establishment of pollution prevention procedures and setting standards for chemicals in each environmental medium, including food and water, and in consumer goods, constitute another example of risk reduction. In a wider context, risk reduction involves broad-based approaches to reducing the risks of toxic chemicals, taking into account the entire life cycle of the chemicals. Such approaches could encompass both regulatory and non-regulatory measures, such as promotion of the use of cleaner products and technologies, pollution prevention procedures and programmes, emission inventories, product labelling, use limitations, economic incentives, procedures for safe handling and exposure regulations, and the phasing out or banning of chemicals that pose unreasonable and otherwise unmanageable risks to human health and the environment and of those that are toxic, persistent and bio-accumulative and whose use cannot be adequately controlled.

In the agricultural area, integrated pest management, including the use of biological control agents as alternatives to toxic pesticides, is one approach to risk reduction.

Other areas of risk reduction encompass the prevention of chemical accidents, prevention of poisoning by chemicals and the undertaking of toxico-vigilance and co-ordination of clean-up and rehabilitation of areas damaged by toxic chemicals.

Objectives:

The objective of the programme is to eliminate unacceptable or unreasonable risks and, to the extent economically feasible, to reduce risks posed by toxic chemicals, by employing a broad-based approach involving a wide range of risk reduction options and by taking precautionary measures derived from a broad-based life-cycle analysis.

Activities:

(a) Management-related activities

Latvia, through the co-operation of industry, where appropriate, should:

(i) Consider adopting policies based on accepted producer liability principles, where appropriate, as well as precautionary, anticipatory and life-cycle approaches to chemical management, covering manufacturing, trade, transport, use and disposal;

(ii) Undertake concerted activities to reduce risks for toxic chemicals, taking into account the entire life cycle of the chemicals. These activities could encompass both regulatory and non-regulatory measures, such as promotion of the use of cleaner products and technologies; emission inventories; product labelling; use limitations; economic incentives; and the phasing out or banning of toxic chemicals that pose an unreasonable and otherwise unmanageable risk to the environment or human health and those that are toxic, persistent and bio-accumulative and whose use cannot be adequately controlled;

(iii) Adopt policies and regulatory and non-regulatory measures to identify, and minimise exposure to, toxic chemicals by replacing them with less toxic substitutes and ultimately phasing out the chemicals that pose unreasonable and otherwise unmanageable risk to human health and the environment and those that are toxic, persistent and bio-accumulative and whose use cannot be adequately controlled;

(iv) Increase efforts to identify national needs for standard setting and implementation in the context of the FAO/WHO Codex Alimentarius in order to minimise adverse effects of chemicals in food;

(v) Develop national policies and adopt the necessary regulatory framework for prevention of accidents, preparedness and response, inter alia, through land-use planning, permit systems and reporting requirements on accidents;

(vi) Promote establishment and strengthening, as appropriate, of national poison control centre to ensure prompt and adequate diagnosis and treatment of poisonings;

(vii) Reduce over-dependence on the use of agricultural chemicals through alternative farming practices, integrated pest management and other appropriate means;

(viii) Require manufacturers, importers and others handling toxic chemicals to develop, with the co-operation of producers of such chemicals, where applicable, emergency response procedures and preparation of on-site and off-site emergency response plans;

(ix) Identify, assess, reduce and minimise, or eliminate as far as feasible by environmentally sound disposal practices, risks from storage of outdated chemicals.

Industry should be encouraged to:

(i) Develop an internationally agreed upon code of principles for the management of trade in chemicals, recognising in particular the responsibility for making available information on potential risks and environmentally sound disposal practices if those chemicals become wastes, in co-operation with Government and relevant international organisations (b) Develop application of a "responsible care" approach by producers and manufacturers towards chemical products, taking into account the total life cycle of such products;

(ii) Adopt community right-to-know programmes based on international guidelines, including sharing of information on causes of accidental and potential releases and means of preventing them, and reporting on annual routine emissions of toxic chemicals to the environment.

(b) Data and information

Latvia through the co-operation of industry, where appropriate, should:

(i) Promote exchange of information on national and regional activities to reduce the risks of toxic chemicals;

(ii) Co-operate in the development of communication guidelines on chemical risks at the national level to promote information exchange with the public and the understanding of risks.

(c) International and regional co-operation and co-ordination

Latvia, through the co-operation of industry, where appropriate, should:

(i) Collaborate to develop common criteria to determine which chemicals are suitable candidates for concerted risk reduction activities;

(ii) Co-ordinate concerted risk reduction activities;

(iii) Develop guidelines and policies for the disclosure by manufacturers, importers and others using toxic chemicals of toxicity information declaring risks and emergency response arrangements;

(iv) Encourage large industrial enterprises including transnational corporations and other enterprises wherever they operate to introduce policies demonstrating the commitment, with reference to the environmentally sound management of toxic chemicals, to adopt standards of operation equivalent to or not less stringent than those existing in the country of origin;

(v) Encourage and support the development and adoption by small- and medium-sized industries of relevant procedures for risk reduction in their activities;

(vi) Develop regulatory and non-regulatory measures and procedures aimed at preventing the export of chemicals that are banned, severely restricted, withdrawn or not approved for health or environmental reasons, except when such export has received prior written consent from the importing country or is otherwise in accordance with the PIC procedure;

(vii) Encourage national and regional work to harmonise evaluation of pesticides;

(viii) Promote and develop mechanisms for the safe production, management, and use of dangerous materials, formulating programmes to substitute for them safer alternatives, where appropriate;

(ix) Formalise networks of emergency response centre;

(x) Encourage industry, with the help of multilateral co-operation, to phase out as appropriate, and dispose of, any banned chemicals that are still in stock or in use in an environmentally sound manner, including safe reuse, where approved and appropriate.

STRENGTHENING OF NATIONAL CAPABILITIES AND CAPACITIES

FOR MANAGEMENT OF CHEMICALS

Basis for action

Latvia lacks national system to cope with chemical risks. Latvia also lacks scientific means of collecting evidence of misuse and of judging the impact of toxic chemicals on the environment, because of the difficulties involved in the detection of many problematic chemicals and systematically tracking their flow. Significant new uses are among the potential hazards to human health and the environment in developing countries.

Basic elements for sound management of chemicals are:

(a) adequate legislation,

(b) information gathering and dissemination,

(c) capacity for risk assessment and interpretation,

(d) establishment of risk management policy,

(e) capacity for implementation and enforcement,

(f) capacity for rehabilitation of contaminated sites and poisoned persons,

(g) effective education programmes and

(h) capacity to respond to emergencies.

As management of chemicals takes place within a number of sectors related to various Latvia’s Ministries, experience suggests that a co-ordinating mechanism is essential.

Objective:

By the year 2000, national system for environmentally sound management of chemicals, including legislation and provisions for implementation and enforcement, should be in place in Latvia to the extent possible.

Activities:

Management-related activities

Latvia, with the collaboration of relevant intergovernmental organisations, agencies and programmes of the United Nations system, should:

(i) Promote and support multidisciplinary approaches to chemical safety problems;

(ii) Consider the need to establish and strengthen, where appropriate, a national co-ordinating mechanism to provide a liaison for all parties involved in chemical safety activities (for example, agriculture, environment, education, industry, labour, health, transportation, police, civil defence, economic affairs, research institutions, and poison control centres);

(iii) Develop institutional mechanism for the management of chemicals, including effective means of enforcement;

(iv) Establish and develop or strengthen, where appropriate, networks of emergency response centre, including poison control centre;

(v) Develop national and local capabilities to prepare for and respond to accidents by taking into account the UNEP APELL programme and similar programmes on accident prevention, preparedness and response, where appropriate, including regularly tested and updated emergency plans;

(vi) Develop, in co-operation with industry, emergency response procedures, identifying means and equipment in industries and plants necessary to reduce impacts of accidents.

(b) Data and information

Our country should:

(i) Direct information campaigns such as programmes providing information about chemical stockpiles, environmentally safer alternatives and emission inventories that could also be a tool for risk reduction to the general public to increase the awareness of problems of chemical safety;

(ii) Establish, in conjunction with IRPTC, national register, and databases, including safety information, for chemicals;

(iii) Generate field-monitoring data for toxic chemicals of high environmental importance;

(iv) Co-operate with international organisations, where appropriate, to effectively monitor and control the generation, manufacturing, distribution, transportation and disposal activities relating to toxic chemicals, to foster preventive and precautionary approaches and ensure compliance with safety management rules, and provide accurate reporting of relevant data.

(c) International and regional co-operation and co-ordination

Latvia with the co-operation of international organisations, where appropriate, should:

Prepare guidelines, where not already available, with advice and checklists for enacting legislation in the chemical safety field;

Promote implementation of UNEP's APELL programme and, in particular, use of an OECD/UNEP international directory of emergency response centres;

Arrange information courses at all levels of production and use, aimed at staff working on chemical safety issues;

Develop mechanisms to make maximum use in Latvia of internationally available information;

Means of implementation

Latvia should organise, in collaboration with industry and trade unions, training programmes in the management of chemicals, including emergency response, targeted at all levels. Basic elements of chemical safety principles should be included in the primary education curricula. 

PREVENTION OF ILLEGAL INTERNATIONAL TRAFFIC IN TOXIC AND

DANGEROUS PRODUCTS

There is currently no global international agreement on traffic in toxic and dangerous products (toxic and dangerous products are those that are banned, severely restricted, withdrawn or not approved for use or sale by Governments in order to protect public health and the environment). However, there is international concern that illegal international traffic in these products is detrimental to public health and the environment. Illegal traffic refers to traffic that is carried out in contravention of a country's laws or relevant international legal instruments. The concern also relates to transboundary movements of those products that are not carried out in accordance with applicable internationally adopted guidelines and principles. Activities under this programme area are intended to improve detection and prevention of the traffic concerned.

Further strengthening of international and regional co-operation is needed to prevent illegal transboundary movement of toxic and dangerous products. Furthermore, capacity-building at the national level is needed to improve monitoring and enforcement capabilities involving recognition of the fact that appropriate penalties may need to be imposed under an effective enforcement programme.

The objective of the programme is :

To reinforce national capacities to detect and halt any illegal attempt to introduce toxic and dangerous products into the territory of Latvia, in contravention of national legislation and relevant international legal instruments;

Activities:

(a) Management-related activities

Latvia according to its capacities and available resources and with the co-operation of international organisations, as appropriate, should:

(i) Adopt, where necessary, and implement legislation to prevent the illegal import and export of toxic and dangerous products;

(ii) Develop appropriate national enforcement programme to monitor compliance with such legislation, and detect and deter violations through appropriate penalties.

(b) Data and information

Latvia should develop, as appropriate, national alert system to assist in detecting illegal traffic in toxic and dangerous products; local communities, and others could be involved in the operation of such a system.

Latvia should co-operate in the exchange of information on illegal transboundary movements of toxic and dangerous products and should make such information available to appropriate international bodies.

International and regional co-operation and co-ordination

Latvia should strengthen international and regional co-operation to prevent illegal transboundary movement of toxic and dangerous products.

INTERGOVERNMENTAL FORUM ON CHEMICAL SAFETY

The INTERGOVERNMENTAL FORUM ON CHEMICAL SAFETY (IFCS or Forum) was established in 1994 in response to a recommendation of the United Nations Conference on Environment and Development (UNCED). The Forum is a mechanism for the promotion of the risk assessment of chemicals and their environmentally sound management.

The Forum is a non-institutional arrangement whereby representatives of governments, international and intergovernmental organisations, and a wide range of non-governmental organisations, meet to consider all aspects of the assessment and management of chemical risks. There is a strong emphasis on the full and open participation of all partners with the result that the Forum operates by consensus.

At its first meeting, the Forum adopted detailed recommendations on Priorities for Action for the effective implementation of national and international efforts in the six Programme Areas of Chapter 19 of Agenda 21. At its second meeting, in February 1997, the Forum has taken stock of its accomplishments and noted where progress has been slow or non-existent on the recommendations, charting its direction for the next three years.

In general, the level of achievement has been most encouraging. The targets for the assessment of chemicals are being met, the global system for the harmonisation and classification of chemicals is progressing well, a number of new initiatives are improving information exchange on chemicals, the Forum has had appreciable influence on a number of risk reduction activities and has promoted the development of comprehensive national profiles which strengthen the management capacity of countries. A new international mechanism for co-ordination between international and inter-governmental organisations, the Inter-Organisation Programme for the Sound Management of Chemicals, has been established.

However, much remains to be done. Their involvement and support of Forum initiatives have not always matched the commitment of governments to the goals of the Forum. Many countries need to institute a stronger infrastructure to manage effectively their chemical risks. The level of funding by the participants has been less than adequate to provide a Secretariat with long-term support and to ensure the full participation of developing countries.

The Forum provides a unique, over-arching mechanism for co-ordinating global action on chemicals. Its non-institutional nature and wide range of participation by all parties give it a remarkable ability to provide answers and assessments to the problems to health and the environment raised by chemicals. It has been well launched, now it needs for all its participants to follow through on their commitments to pursue the goal of the environmentally sound management of chemicals, particularly as set out in Agenda 21.

The Intergovernmental Forum on Chemical Safety (IFCS):

Reaffirms the importance of Chapter 19 of Agenda 21 and recommends, therefore, that the United Nations General Assembly Special Session (UNGASS):

• Recognise that the sound management of chemicals is essential to sustainable development, and that it is a fundamental underpinning of human health, safety and environmental protection and in achieving success in many other chapters of Agenda 21;
• Recognise that the IFCS, established in response to the request of governments at the United Nations Conference on Environment and Development, has evolved to be the over-arching framework to develop and promote through a consensus building process international strategies and partnerships among national governments, intergovernmental organisations, and non-governmental organisations for the sound management of chemicals;
• Recognise that governments alone cannot assure the sound management of chemicals. There is a critical role for voluntary industry efforts of responsible care and product stewardship, advocacy and community efforts by worker and public interest non-governmental organisations, and the specialised work of intergovernmental and scientific organisations. The greatest achievements come when all parties work together in partnership;
• Recognise that substantial progress has been made through co-operation among partners in achieving the targets in Chapter 19, especially in relation to:
• identifying the risks to human health and the environment posed by persistent organic pollutants;
• accelerating the international assessment of the risks of chemicals;
• implementing the voluntary procedures and in negotiating the legally binding instrument for Prior Informed Consent;
• developing Pollutant Release and Transfer Registers;
• moving toward a globally harmonised system for the classification and labelling of chemicals;
• the promotion of alternatives that reduce the need for using of chemicals (e.g., integrated pest management);and
• starting to deal with the problems of stocks of obsolete chemicals.

However, despite substantial progress much remains to be done and will need to continue to be a priority well beyond the year 2000.

• Recognise that scientific research will continue to uncover new facts and bring about a better under-standing of the effects of chemical substances on human health and the environment. One example is the rapidly growing body of scientific research that indicates that a number of substances have the potential to interfere with normal body functions governed by the endocrine system. Such emerging issues need to be addressed through research that leads to strategic actions to deal with these risks.
• Recognise the leadership role of those governments and organisations that have furthered the work of the Forum by bringing together governments, intergovernmental organisations and non-governmental organisations, and the support of countries and organisations that have generously contributed by providing assistance to governments in need for their participation. Other countries and organisations are invited to join in promoting the sound management of chemicals through donation of funds or contributions in kind.
• Recommend that donors, including multilateral development banks, ensure that development policies, and investments in programs and projects that entail chemicals management include support for the necessary capacity building for developing countries and countries in economic transition to ensure the environmentally sound management of chemicals.
• Recommend that national governments take leadership to enhance the efforts of all the partners in finding innovative ways to provide necessary resources for the sound management of chemicals. In particular, this should focus on improving safety, promotion of cleaner technology, adoption of pollution prevention concepts, and capacity building.

ACHIEVEMENTS ON PRIORITIES FOR ACTION

CONVENTION ON THE PROTECTION OF THE MARINE ENVIRONMENT OF THE BALTIC SEA AREA, 1992

CONSCIOUS of the indispensable values of the marine environment of the Baltic

Sea Area, its exceptional hydrographic and ecological characteristics and the sensitivity of its living resources to changes in the environment, the Contracting Parties undertake to prevent and eliminate pollution of the marine environment of the Baltic Sea Area caused by harmful substances from all sources, according to the provisions of this Convention and, to this end, to implement the procedures and measures.

In order to fulfil the requirements of relevant parts of this Convention the following procedure shall be used by the Contracting Parties in identifying and evaluating harmful substances.

CRITERIA ON THE ALLOCATION OF SUBSTANCES

The identification and evaluation of substances shall be based on the intrinsic properties of substances, namely:

• persistency;
• toxicity or other noxious properties;
• tendency to bio-accumulation,

as well as on characteristics liable to cause pollution, such as:

• the ratio between observed concentrations and concentrations having no observed effect;
• anthropogenically caused risk of eutrophication;
• transboundary or long-range significance;
• risk of undesirable changes in the marine ecosystem and irreversibility or durability of effects;
• radioactivity;
• serious interference with harvesting of sea-foods or with other legitimate uses of the sea; distribution pattern (i.e. quantities involved, use pattern and liability to reach the marine environment);
• proven carcinogenic, teratogenic or mutagenic properties in or through the marine environment.

These characteristics are not necessarily of equal importance for the identification and evaluation of a particular substance or group of substances.

PRIORITY GROUPS OF HARMFUL SUBSTANCES

The Contracting Parties shall, in their preventive measures, give priority to the following groups of substances, which are generally recognised as harmful substances:

• heavy metals and their compounds;
• organohalogen compounds;
• organic compounds of phosphorus and tin;
• pesticides, such as fungicides, herbicides, insecticides, slimicides and chemicals used for the preservation of wood, timber, wood pulp, cellulose, paper, hides and textiles;
• oils and hydrocarbons of petroleum origin;
• other organic compounds especially harmful to the marine environment;
• nitrogen and phosphorus compounds;
• radioactive substances, including wastes;
• persistent materials which may float, remain in suspension or sink;
• substances which cause serious effects on taste and/or smell of products for human consumption from the sea, or effects on taste, smell, colour, transparency or other characteristics of the water.

BANNED SUBSTANCES

In order to protect the Baltic Sea Area from hazardous substances, the Contracting Parties shall prohibit, totally or partially, the use of the following substances or groups of substances in the Baltic Sea Area and its catchment area:

3.1. Substances banned for all final uses, except for drugs

• DDT (1,1,1-trichloro-2,2-bis-(chlorophenyl)-ethane) and its derivatives DDE and DDD;

3.2. Substances banned for all uses, except in existing closed system equipment until the end of service life or for research, development and analytical purposes

• PCB's (polychlorinated biphenyl’s);
• PCT's (polychlorinated terphenyls).

3.3. Substances banned for certain applications

• Organotin compounds for antifouling paints for pleasure crafts fewer than 25 m and fish net cages.

PESTICIDES

In order to protect the Baltic Sea Area from hazardous substances, the Contracting Parties shall endeavour to minimise and, whenever possible, to ban the use of the following substances as pesticides in the Baltic Sea Area and its catchment area:

According of the Convention on the Protection of the Marine Environment of the Baltic Sea Area, 1992 (Helsinki Convention), in which the Contracting Parties undertake individually or jointly to take all appropriate legislative, administrative or other relevant measures to prevent and eliminate pollution in order to promote the ecological restoration of the Baltic Sea Area and the preservation of its ecological balance, in 26 March 1998 was adopted HELCOM Recommendation 19/5.

Assessments made, and programmes and measures adopted to implement The Strategy to achieve the HELCOM Objective with Regard to Hazardous Substances will be in accordance with the general obligations as set out in Articles 3 and 5 of the Helsinki Convention 1992, and consequently will involve the application of:

• the precautionary principle;
• the polluter pays principle;
• best available technology and best environmental practice.

In addition, substitution of the use of hazardous substances by less hazardous substances or preferably non-hazardous substances where such alternatives are available as a means to reach this objective. Using the principles of the EU legislation concerning the marketing and use of dangerous substances and similar legislation in Contracting Parties not members of the EU, emissions, discharges and losses of new hazardous substances shall be avoided except where these are justified for intermediate use by the application of the principle of substitution.

In the work to achieve this objective, the assessment of risks is a tool for setting priorities and developing action programmes.

Private selected substances for immediate priority action

(Recommendation 19/5)

Table 1

CONTROL OF STRATEGIC GOODS IN THE REPUBLIC OF LATVIA

The Republic of Latvia has signed (1992) the Treaty on the Non-Proliferation of Nuclear Weapons, signed and ratified (1996) the Convention on the Prohibition of Development, Production, Stockpiling and Use of Chemical Weapons and on Their Destruction, ratified (1997) the adherence to the Convention on the Prohibition of the Development, Production and Stockpiling of Bacteriological (Biological) and Toxin Weapons and on Their Destruction, ratified (1997) accession to the Supplementary Protocol of Convention on the Prohibition of Use or Limitation of Certain Kinds of Weapons Regarded as Weapons of Mass Destruction or Non-selective Action and has signed (1993) the Agreement with the International Atomic Energy Agency on the Application of Safeguards in connection with the Treaty on the Non-Proliferation of Nuclear Weapons. Accordingly with the principles of the agreements and conventions mentioned above Latvian government in 1995 introduced export, import and transit control system based on the guidelines of AG, NSG and MTCR and later made formal applications for membership of AG, NSG and the Wassenaar Arrangement international export control regimes. Latvia has been accepted as a member of NSG and IAF-A in 1997.

Two years of export, import and transit control practice made it clear that a number of amendments to existing regulations of control are necessary, but ratification of CWC required complete rewriting of regulations and so since December of 1997 in Latvia there are new regulations in force.

THE LEGAL BASIS OF LATVIAN EXPORT IMPORT

AND TRANSIT CONTROLS

The following provides the legal basis for export, import and transit control:

• Regulations of the Cabinet of Ministers No. 429, December 23, 1997 "Regulations of the Control Committee of Strategic Goods";
• Regulations of the Cabinet of Ministers No. 42 1, December 16. 1997 "Regulations of the Control of Strategic Goods"
• Decision of the Control Committee of Strategic Goods, May 14, 1997 "On Lists of Goods, Production, Services and Technologies Which Require Licences for Export, Import and Transit".

The Regulations have been published in the official newspaper and translated into English.

LICENSING AUTHORITY

Applications for export, import and transit licences and international import certificates for strategic goods are submitted to the Latvian Export and Import Control Department of the Latvian Development Agency (hereinafter - the Department). The Department is a non-governmental institution accountable to government, The Department is responsible for pre-Licence checks, preparing of licences, control of use of strategic goods, delivery verification and maintaining databases of customers, goods and issued documents.

Export, import and transit licences and import certificates are signed by the Chairman, his deputies or the Secretary of the Control Committee of Strategic Goods (hereinafter - the Committee) and authorised by the seal of the Ministry of Foreign Affairs. The Committee is an inter-ministerial body appointed by the Cabinet of Ministers and it consists of representatives of Ministry of Foreign Affairs, Ministry of Defence, Ministry of Interior, Ministry of Agriculture, Ministry of Environmental Protection, Ministry of Economy, Ministry of Finance, State Revenue Service, Customs Department and Security police. The Committee determines export and import control policy, lists of goods subject to control and is responsible for implementation of international economic sanctions and embargoes.

ENFORCEMENNT AND PENALTIES

The Customs Department and the Security police are responsible for export, import and transit control enforcement. The Customs and Police co-operate closely with the Export and Import Control Department and are linked to the databases of the Department.

Inspections of export, import and transit goods take place at customs on an ad hoc basis or confidential information. The Department makes random controls of use and storage of imported strategic goods. Such controls may also be made on request of export control authorities of exporting countries.

The Latvian Criminal Code provides penalties for violations of the export control regulations - a fine or imprisonment for up to ten years, or both. The penalty for illegal handling of nuclear materials or sources of radiation or CWC toxic chemicals is imprisonment for up to five years.

Besides that a penalty or fines may be imposed in accordance with the Latvian Administrative Code for providing false information or forged documents to the export control authorities.

For lesser violations of export control regulations the Committee may deny licences to guilty companies.

LISTS OF GOODS SUBJECT TO EXPORT, IMPORT

AND TRANSIT CONTROL

The Regulations of Control of Strategic Goods define Strategic Goods as goods, materials, equipment, technologies, software and services listed by the Control Committee of Strategic Goods. The latest decision of the Committee of May 14, 1997 contains three lists:

1) List of Toxic Chemicals of the Convention on the Prohibition of Development, Production, Stockpiling and Use of Chemical Weapons and on Their Destruction.

2) List of Arms, Weapons and Munitions.

3) List of Dual-Use Goods.

List 1 contains toxic chemicals of the schedules 1, 2 and 3 of the CWC. The separate list for CWC chemicals, which are already completely covered by lists 2 and 3, was created for convenience of reference, regarding that CWC requires different licensing procedure.

List 2 is a direct translation into Latvian of the former COCOM International Munitions List.

List 3 is a direct translation into Latvian of the Annex 1 of the Council Regulations (EC) No 3381/94 of 19 December 1994 setting up a Community regime for the control of exports of dual-use goods. List 3 also includes the latest amendments to the EU lists made in 20.01.1997 by Decision No 97/10OCFSP and in 26.07.1997 by Decision No 97/419CFSP.

By decision of the Committee since 1996 it is forbidden to export antipersonnel mines, handcuffs and leg irons to all destinations for humanitarian reasons.

SENSITIVE DESTINATIONS AND EXPORT RESTRICTIONS

By decision of the Committee export and transit licences of strategic goods to countries developing weapons of mass destruction or with risk of uncontrolled proliferation of such weapons shall be issued only after careful pre-licence checks, consultations with experts and receiving end-use guaranties. This also applies to countries without efficient export control system or countries with lists of controlled goods not based on AG, NSG, MTCR and WA guidelines.

Licences are not issued for transactions with countries under current embargoes and economic sanctions of the UN Security Council.

TYPES OF LICENCES AND LICENSING PROCEDURE

For every export, import or transit transaction of strategic goods an individual licence is required to all destinations. The licences and licensing procedure are the same for military and dual-use goods and there are no value or quantity thresholds. Licences are valid for 6 months.

Licences and import certificates are issued to companies registered in the Register of Enterprises of the Republic of Latvia. To obtain a licence the company shall submit to the Department:

• application declaration on standard form;
• registration certificate of the company;
• special permit (licence) for several specified entrepreneurial activities (arms, dangerous chemicals etc.) if such permit is required by normative acts currently in force;
• description of the goods (giving the international registration number for chemical substances;
• agreement or invoice (or a copy);
• International Import certificate and/or End User statement of the importing country (or an equivalent document - statement, permit etc.) - if required so by the Department (for export and transit).

The foreign International Import Certificate (or an equivalent document) and End Use Certificate may be written in any language. If they are not written in Latvian, English, German or Russian language, an official translation shall be provided.

The Department issues the licence or denial within 20 days. The Department may also require additional information stating the origin, technical characteristics and end -use of the goods.

The licences are issued after consulting the Ministry responsible for special permits. The corresponding Ministry shall confirm its consent or denial to issue the licence within 7 days.

The licence is also required if the goods are transferred by the company in transit outside the Republic of Latvia.

If the transit of strategic goods is supplied with export licence of the exporting country and import licence or certificate of the importing country (or equivalent documents) and the transaction is not performed by the Latvian company, Latvian transit licence is not required.

Re-export of strategic goods shall be performed only with a special permission of the Committee, observing export control legislation of the country of origin of the goods.

Licences are not required for conventional weapons imported by the Ministry of Defence and Ministry of Interior.

The department issues licences and other documents for a fee, except to State institutions and for temporary export or import (exhibitions, repairs etc.).

The exporting company with its signature on the licence undertakes to inform the Committee if it is aware of any possibility that the exported goods might be used for production, use or development of chemical, bacteriological, nuclear or other weapons of mass destruction and means of their delivery or in any other possible ways to hann the international security.

The Department may write special conditions on licences, end use or import certificates that are mandatory to companies.

END USE GUARANTIES

1) End Use Certificates are written on standard form by the importing company and authorised by the Department.

The importing company with its signature on the Import Certificate and End Use Certificate verifies that the goods shall not be used for production of weapons of mass destruction and means of their delivery, is aware that these goods are controlled in accordance with the laws of Latvia and the exporting country and that violations of those laws are criminal offence. Importer also undertakes not to divert, re-export or tranship the goods without a written permission of the Department and export control authorities of the exporting country, as well as to inform export control authorities, if he knows that the goods might be used for production of weapons of mass destruction or means of their delivery.

2) Delivery Verification Certificates are issued by the Department on request of the company within 10 days stating the date and place of arrival, mode of transport, number of corresponding import certificate and customs declaration. By signing the Delivery Verification Certificate the Department undertakes to control the further use of the goods by the company.

TECHNICAL EXPERTISE

The Department uses assistance of technical experts from Riga Technical University and Customs Laboratories to determine whether the specified materials, equipment, chemical substances, technologies or software are subject to export controls. The technical expertise may prolong the processing of the licence up to 10 days.

III. SHARING OF RESPONSIBILITY IN THE CHEMICALS MANAGEMENT

Six Ministries of the Republic of Latvia and some of their subordinated bodies are involved in activities regarding to chemicals:

Ministry of Environmental Protection and Regional Development is responsible for enforcement of classification, labelling, safety data sheets requirements and statistics and also supervision and control. The Ministry deals with control of chemicals used in production processes, substances depleting the ozone layer and oil industry. The Ministry and its subordinated institutions are responsible for areas related to environmental protection. The Environmental Protection Department of the Ministry is responsible for elaboration, development implementation of common policy, strategy, actions programmes for chemicals control in relationship with environmental protection, and preparation of legal acts concerning the chemicals.

Environmental State Inspectorate supervises and controls activities with chemicals and chemical products.

Latvian Environmental Data Centre manages database named "4-KP" (statistical report on use of chemicals and products). The database includes information on imported, used and produced chemicals and products by enterprise during year. Data is available since 1995.

Regional Environmental Board control activities with chemicals in relationship with environmental protection, and organisation of processes and collection of statistical reports "4-KP".

Ministry of Interior is supervising and controlling transportation of chemicals. The Ministry and its subordinated institutions are also responsible for control and liquidation of emergency situations

Ministry of Economy is participating in the work of Committee for Control of Goods of Strategic importance and Committee for Control of Precursors. The Ministry is responsible for licences on goods of strategic importance.

Ministry of Agriculture is responsible for approval of pesticides (also control and licences).

Ministry for Welfare is supervising and controlling activities with chemicals including statistics (consumer goods, precursors, narcotic drugs, food additives, cosmetics, medicines, and psychotrophics). The Ministry deals with licensing and permission requirements with regard to handling of chemicals.

Subordinated institutions of Ministries are responsible for areas related to human health and working environment:

National Environmental Health Centre controls issues and guidance for assessment regarding the harmful effects to human health.

State Sanitary Inspection supervises and controls use and trade of chemicals for human consumption including foodstuffs.

Labour Inspection controls the quality of working environment

Ministry of Defence is also supervising and controlling handling of chemicals in National Armed Forces.

Obligations of Branches of Industry of Latvia

An user or a producer of chemicals shall observe the order defined by law for production of chemicals or chemical products, and for their importing, processing, packaging, storing, transference, usage, collecting, destruction, reprocessing or trade, as well as activities in which chemicals or chemical products are used within a chemical process as raw materials or additives or as intermediate products, or any similar activities.

The following main principles are stated in existing rules dealing with chemicals:

• responsibility for classification and safety data sheets:
  • producer or importer of chemicals or chemical products is responsible that any chemical or chemical product which reach trade or usage shall be classified in conformity with their characteristic physical, chemical, toxicological and other qualities;
  • chemicals and chemical products shall be considered to be dangerous chemicals and dangerous chemical products in accordance with provisions mentioned in correspondent normative, and also to identify the hazards of the chemicals;
  • the procedure for classification of chemicals and chemical products, depending upon the dangerous qualities of the mentioned substances and products and degree in which those qualities possess by them, is regulated by correspondent normative;
  • the user or producer shall avoid activities with chemicals or chemical products which are classified as dangerous if less dangerous substitutes are available;
  • all persons handling chemicals in business activities shall have special knowledge to do this in conformity with the properties of chemicals or chemical products;
  • manufacturer or importer is responsible about classification of chemicals or products according properties before the trading or usage;
  • a producer or importer of a dangerous chemical or a dangerous chemical product shall fill in a safety data list in accordance with correspondent normative;
  • it is prohibited to import or sell new chemicals before assessing the risks and making a notification showing the results of such assessment.
• responsibility for labelling and packaging:
  • a producer or importer of chemicals or chemical products shall ensure durability and safety in the packaging of dangerous chemicals or chemical products;
  • a producer or importer of chemicals or chemical products ensures that packaging of dangerous chemicals or chemical products intended for further distribution within the Latvia is labelled in the State's language.
  • responsibility for storage and transportation:
  • chemicals shall be stored accordingly to correspondent normative;
  • collection of poured out or spilled chemicals must be accomplished to correspondent normative.
• responsibility for working environment:
  • taking into consideration the dangerousness of the chemicals and chemical products, their quantity and conditions for their utilisation or storage, an executor of activities shall consider requirements of legislative documents, as well as care and precautions, and execute necessary measures to preclude a detriment to the environment, human life, health and property; the professional user of a chemicals is obliged to use this information with the purpose to protect workers' health and environment.

IV. HAZARDOUS WASTE PROBLEMS

In 1989 and 1990 about 200,000 tones of hazardous wastes were generated annually in Latvia. In 1992, this amount was 30,000 tones per year, in 1993 – 42,000 tones and in similarly also in 1994-1998. Such a difference was a result of decrease of industrial production in our country after collapsing of the former USSR. In the future the increase of industrial production is expected and it should result also in increase of the hazardous waste. Unfortunately the lack of conception for development of national economy hinders estimating of total increase of hazardous waste.

The plans for hazardous waste disposing still are not arranged and its converting also is not organised in Latvia. It was decided that all enterprises shall store hazardous waste generated by them on their territories and now on the territories of these enterprises are disposed large amount of hazardous waste, generated by them threw a long period.

The local governments are responsible for safe storage of hazardous waste in the cases when it is located on the territories of municipalities which were obtained by them in a result of privatisation of land or state enterprises situated on this territory. Hazardous waste left without control in a result of privatisation of land and enterprises is a serious problem in Latvia. Such hazardous waste includes different remains of raw materials, side products of industrial processing, remains of artificial fertilisers and pesticides and other chemical substances.

Important part of this kind of hazardous waste is different materials left by the Russian Army. In most cases the substances left by Russian Army are classified as hazardous waste because they not only pose risk to environment and human health but also it is not possible to find for them a useful application in national economics and sometimes they are not also permitted for using in it.

A serious problem also is a useless pesticide and artificial fertilisers brought to Latvia in the time of collective farming. The term of using of these substances expired, the names and composition of such a hazardous waste is unknown and a lot of these pesticides are prohibited for using. These pesticide stocks were left under the control of local governments after dissolving of collective and state farms. The storage of this hazardous waste very often is not in accordance with environmental protection standards. The amount of such compounds is approximately 2200 tones.

The conditions of storage of generated hazardous waste are unacceptable in many cases because they are dangerous both for human health and environment. The storage of these substances is under control of regional environmental departments but the Environmental State Inspectorate of Latvia also takes part in this control.

Enterprises often transport hazardous waste together with common non-hazardous waste to landfills to get free from it. Such a flow of hazardous waste is hard to control because our analytical laboratories are not equipped for determination of the composition of these loads.

Important problem also is hazardous waste generated in everyday life (storage batteries, tires, luminescent lamps etc.). People are not interested to store this waste in their flats waiting for waste problem solution by government and the simplest way for them to get free from such a waste is to throw it away as common household waste.

Nevertheless there are trends to solve these problems. For example, the possibility to incinerate used tires in the cement-factory in Broceni is studied. Different projects also are proposed for collection and converting of used storage batteries but these projects are only on the very beginning.

There is the Law "On Hazardous Wastes" elaborated in Latvia, which came in forth in 1993 (see Annex 2). It is so called roof-law determining the goals and main principles in operations with hazardous waste. In this act groups of hazardous wastes are accounted and the competence of governmental institutions concerning operations with hazardous waste and the obligations of physical and juridical persons operating with hazardous waste also determined.

Since hazardous waste management should be realised in the scale of all our country, it is necessary also solve in the same scale problems concerning hazardous waste treatment, reusing, disposing and utilisation. Accordingly with the Law "On Hazardous Wastes" collecting of hazardous waste should be realised by joint scheme for all our country. Unfortunately such a scheme is not elaborated because the problem of establishing of disposal places is not solved.

Paragraph 1 of above mentioned Law acts determining that the import of hazardous waste into the Republic of Latvia with an aim to treat, to process, to store, to deposit is forbidden. In the Law are accounted the main kinds of hazardous waste and they are divided in 25 groups/

In accordance to Paragraph 6 of the Law actions with hazardous waste are permitted to be carried out only after presentation the declaration concerning actions with hazardous waste to an authoritative institution and reception the license for managing or transportation of hazardous waste from this institution. Examples of these documents concerning operations with hazardous waste is:

1. Notification for operations with hazardous waste;

2. License for operations with hazardous waste;

3. License for transportation of hazardous waste.

The co-ordination of these documents in some way are delayed by including some obligatory points in the process of getting a license for transportation of hazardous waste:

a) confirmation of the safety regulations;

b) confirmation of the route of transportation;

c) obligatory insurance.

It is necessary to mention here that the procedure of obligatory insurance of the load of the hazardous waste still is not solved. Some efforts are made to solve the problem but we have objections that the document is very complicated and bureaucratic and its filling in takes a lot of time from public. The main objection is that the license for transportation is necessary to take for every load of hazardous waste.

It is also necessary to mention that Latvia has acceded to Basle Convention on the Control of Transboundary Movements of Hazardous Waste and their Disposal and to the corresponding annexes with hazardous waste lists to be controlled. In the process of elaborating of temporary classification we were keeping also in mind the Basle Convention. Nevertheless the temporary classification differs and it is not possible to link our edition with the Basle Convention.

During the last two years Latvia with assistance of EU and Danish Government has worked up the National Hazardous Waste Management Strategy (NHWMS) and now has started the implementation stage of this Strategy.

The key elements of the NHWMS involve: the upgrading of the suitable former Russian military site to act as a storage facility for hazardous waste: the purchase of two new trucks which will conform to EU standards for the transportation of hazardous wastes; the interim storage of hazardous wastes at the upgraded storage facility; the upgrading of the cement kiln for the reception and disposal of organic hazardous wastes, the implementation of the physical/chemical treatment methods for inorganic hazardous wastes and a secure landfill for direct disposal. It should be noted that insufficient attention has been paid also to the questions of the introduction of the institutional system, categorisation and registration of hazardous wastes, tariffs etc.

Presently the existing situation with hazardous wastes is estimated, the priorities of the next few years are defined, upgrading of storage facility is finished, a special hazardous waste management company is established, very soon the transportation problem will be solved and identification of unknown hazardous wastes will be started. The collection and temporary disposal of unwanted agricultural chemicals (pesticides) just now is practically complete, which was defined as the first priority of the present stage.

The tasks which according to the NHWMS are necessary to solve in the near future is Incineration and treatment of hazardous wastes, as well as establishment of the secure landfill for finale disposal of hazardous wastes. There is also necessity to prepare the guide-lines for pollution assessment and remediatiation of former storage sites of unwanted pesticides and other kinds of hazardous wastes.

THE PROBLEM OF INCINERATION OF HAZARDOUS WASTES IN LATVIA.

From the very beginning the problem of incineration of hazardous wastes was planed to solve by using the cement kiln which offers by far the best opportunity for the incineration of hazardous wastes, as both the temperature and residence time of the kiln are easily sufficient to ensure the complete destruction of wastes of various types. However, additional upgrading works are required. On the whole the main technical solutions of the upgrading the kiln already have been determined and discussed. Unfortunately due to the stressed situation on the world-wide cement market the owners of the only cement plant in Latvia are not ready presently to take part in the incineration project of hazardous wastes. At the same time it is not possible to postpone the solution of the problem on indefinite time as in the next few years there is necessity to incinerate approximately 1500 tons of unwanted pesticides which will be collected and disposal in the specially upgraded storage facility. Besides that there is necessity to incinerate also the other kinds of hazardous wastes, from solids and sludge’s to liquids including such materials as oil products, paint sludge’s, solvents, hospital wastes and some others. At the present time annually Latvia produces approximately 40-50 thousand tons of hazardous wastes from which approximately 9 tons/ year are necessary to incinerate.

Taking into account current situation we are looking for the alternative ways of incineration of hazardous wastes by using mobile, semi-mobile incinerators or constructing a small hazardous waste incineration plant which meet the emission requirements for the cleaning systems for flue gases according to the EC directive of December 1994 on Hazardous Waste Incineration.

Presently we have started to collect the available information of small size incineration units, their parameters and possibilities. There is no producer of such incineration facilities in Latvia as well as our knowledge and experience is not sufficient in using of the mobile or semi-mobile incinerators. Therefore for the successful solution of this problem we are interested very much in cooperation with institutions and companies of other countries which have experience in production, exploitation, upgrading etc. mobile or semi-mobile hazardous waste incineration facilities.

THE PROBLEM OF ESTABLISHMENT OF A SECURE CONTAINED LANDFILL

No contained landfill facility exists in Latvia, and many hazardous wastes have been disposed of to uncontained gravel pits and other locations, with consequent adverse impacts upon groundwater and surrounding environment. There is an urgent need to begin the work to develop such landfill. Without contained landfill, the Strategy will flaw, as wastes, which cannot be incinerated, will accumulate at the just upgrade interim storage facility with no final outlet.

Based on the date of 1994 the amounts of hazardous waste from ongoing production in Latvia which need to be deposited on controlled secure landfill are 50,000 ton/year.

Various studies have been carried out in order to evaluate existing landfill sites, but there is not evaluated any specific locations for secure contained landfill.

At the present time there are identified the main elements for the establishment of secure contained landfill, which are:

• site selection
• environmental impact assessment
• public participation
• site investigation and interpretation (geology and hydro-geology)
• preliminary design of the landfill facility
• detailed design of the landfill facility
• initial site preparation
• construction of the site infrastructure
• lining of initial cells on landfill site
• ongoing monitoring
• training of local operatives.

For the successful solution of the problem and begin the work to develop a contained landfill facility we are interested very much in co-operation with institutions and companies of other countries which have experience in this area.

THE PROBLEM PHYSICAL/CHEMICAL TREATMENT AND STABILISATION OR SOLIDIFICATION OF INORGANIC WASTES IN LATVIA

Latvia produces annually approximately 1.0 thousand tons of inorganic hazardous wastes, which can not to be burnt in incineration due to a very low calorific value and high amount of heavy metals. There are plans to treat such wastes by physical/chemical processes, thus achieving a reduced volume of solid residues of hazardous wastes with no or very low toxicity, which can then be disposed of in a safe manner at the residual repository. Stabilisation or solidification is considered for some types of hazardous wastes or their residues to avoid leaching of heavy metals or other materials which could harm the environment.

The main types of inorganic wastes for physical/chemical treatment and stabilisation are as follows:

• wastes from etching and galvanic processes;
• inorganic alkali;
• inorganic acids and their mixtures;
• wastes containing chromium.

As it was already mentioned, it is assumed that at the present time approximately 1000 ton/year of inorganic wastes is subject of physical/chemical treatment. The inorganic wastes are mainly generated by electroplating enterprises and usually treated by them with more or less modern equipment. For stabilisation or solidification of hazardous wastes there is considered first of all the using of a cement based method.

At the same time it is necessary to mention that we are in a very beginning in solution of the task of physical/chemical treatment and stabilisation of inorganic wastes and therefore we are interested very much in co-operation with institutions and companies of other countries which have experience in this area.

NECESSITY FOR THE PREPARATION OF THE GUIDE –LINES FOR POLLUTION ASSESSMENT AND REMEDIATION OF FORMER STORAGE SITES OF UNWANTED PESTICIDES AND OTHER KINDS OF HAZARDOUS WASTES

The problem of unwanted pesticides in the Republic of Latvia is considered as an extremely serious as that kind of hazardous waste is kept in very poor conditions in more than 430 sites throughout all Latvia, and which causes threat to human health and to the environment.

The main reason of such situation is some shortcomings in process of privatisation in rural areas. When former landowners or their heirs got back their lands according to the Law of land reform, most of Soviet collective farms collapsed and their property were privatised. However in general privatised were the more attractive and useful things, but rest of property actually became as unclaimed property. Those mainly were urban stile multiflat houses, several infrastructure units, as well as pesticide storage sites with some amount of useful pesticides, however main part of which makes out unwanted (forbidden, spoiled etc.) pesticides collected for tens of years. At present time all this property including pesticide storage sites formally are under the authority of local Municipalities. But the financial situation of most local Municipalities does not allow in proper way to manage this property, including storage, treatment or elimination of unwanted pesticides. Therefore there was decision to solve the problem of unwanted pesticides on state level using the state budget and international donor institution means.

For the present moment the collection and disposal of unwanted pesticides is defined as the first priority of the NHWMS and the process of collection just now is practically complete.

At the same time there is one additional problem – the problem how take care the sites where pesticides were kept for tens of years and most of which are polluted. It is necessary to mention that huge amount of them are situated on agricultural lands. There is necessity for a special which judge how to asses a situation, how to remedy the site, how to determine the further use of site, buildings, etc. The same situation would be also for places (for example, in territories of enterprises) where presently are stored other kinds of hazardous wastes.

Unfortunately presently such guidelines do not exist in our country. This is an urgent necessity to prepare the guidelines for pollution assessment and remediation of former storage sites of hazardous wastes and we are interested very much in co-operation for this with institutions and companies of other countries, which have experience in this area.

V. PLANT PROTECTION PRODUCTS (PESTICIDES)

1. Legislation on plant protection products

• Plant Protection Law (adopted 17.12.98.)
• Regulations on Placing on the Market, Storage and Use of Plant Protection Products (adopted 09.09.99.)
• Regulations on Authorisation of Plant Protection Products (in process of adoption)

2. Responsibility for plant protection products sector falls upon State Plant Protection Service. It provides evaluation and authorisation, as well as the state supervision and control of import, marketing and use of plant protection products.

3. Authorisation of plant protection products in Latvia has been started in 1995. It is based on and complies with the principles of the EU legislative requirements for authorisation. Up to now 117 plant protection products have been authorised in Latvia.

4. Marketing of plant protection products is allowed only for enterprises which have obtained a special permit (licence), granted by Ministry of Agriculture. Use of plant protection products is allowed only for persons who have obtained Certificate, which confirms that the person has obtained minimum knowledge in field of plant protection.

5. Preparations used in 1998

Table 2

6. Amount of active substances used in 1998 is approximately 0,21 kg/ha.

Annex 1

THE LAW ON CHEMICAL SUBSTANCES AND CHEMICAL PRODUCTS

Chapter I. GENERAL PROVISIONS

Article 1. Definitions

For the purpose of this Law following terms are used:

1. Handling of chemical substances or chemical products - manufacturing, import, treatment, packaging, warehousing, moving, using, collecting, extermination, processing or sale, as well as operations where chemical substances or chemical products are used in the chemical process as raw materials or additives, or any other comparable activities;
2. Person - any natural or legal person handling chemical substances or chemical products;
3. Chemical substances - chemical elements and their chemical compounds of natural or artificial origin, including any additive, necessary for preserving their stability and any impurities deriving from the process of manufacturing or storage;
4. Chemical products - mixtures or solutions of chemical substances, composed from two or more substances.
5. Register of Chemical Substances and Chemical Products - System of registration of chemical substances and chemical products being imported, manufactured and traded within a territory of the Republic of Latvia.

Article 2. Aim of the Law

The aim of this Law is to prevent and diminish possibility of harm to environment, human health and property, caused by chemical substances or chemical products due to their inherent properties.

Article 3. Scope of application of the Law

(1) This Law regulates handling of chemical substances and chemical products.

(2) In addition to this Law, handling of chemical substances and chemical products is regulated by:

1. Law oh hazardous waste- regarding mixtures of chemical substances in form of waste;
2. legal acts regulating transport of dangerous goods- regarding transport (including transit) of dangerous chemical products by road, rail,, air, sea, mail or by pipelines, if no any treatment or processing of them takes place;
3. Law on Legal Circulation of Narcotics and Psychotropic Substances and legal acts based on this Law- regarding the narcotic and psychotropic substances;
4. the Law on Precursors and legal acts based on this Law- regarding drug precursors;
5. the Convention on the Prohibition of the Development, Production, Stockpiling and Use of Chemical Weapons- regarding chemical substances.

(3) This Law shall not apply to:

1. following products and goods in final stage of their manufacture:

• medical products (including veterinary medicine),
• cosmetics,
• alcoholic beverages,
• tobacco goods,
• foodstuffs,
• pesticides,
• radio-active substances;
• ready-made explosives or chemical substances which are offered to market with aim to obtain pyrotechnical effects;
• biotechnological products and products obtained from molecular biology.

2. natural persons which does not handle chemical substances or chemical products in order to perform business activities, except cases mentioned under articles one to three of paragraph nine, articles one to three of paragraph 17, paragraph 19 and paragraph 20.

Chapter II. SUPERVISION AND CONTROL

Article 4. Competency of state authorities

(1) Ministry of Welfare and it's supervised and subordinated control and supervisory authorities provides control of handling of chemical substances and chemical products and supervises its compliance to this Law and other legal acts in scope of protection human health and life (working environment).

(2) Ministry of the Environmental Protection and Regional Development and it's supervised and subordinated control and supervisory authorities provides control of handling of chemical substances and chemical products and supervises its compliance to legal acts in scope of environmental protection.

(3) Ministry of Defence provides supervision of handling of chemical substances in the National Armed Forces.

(4) Activities in abolishing of chemical accidents and other accidents and emergency situations connected with use of chemical substances or chemical products and immediate rescue operations are taken, as well as control of corresponding safety requirements is provided by the Ministry of Interior Affairs and it’s supervised and subordinated authorities the laws and other legal acts.

(5) Other authorities supervise and control handling of chemical substances or chemical products within the frame of existing legislation.

Article 5. Rights of supervising and control authorities

(1) Supervising authorities have right to claim and receive with no charge from person information, necessary for supervision according to this Law and other legal acts.

(2) Supervising authorities have right in each specific case within their competence to give recommendations, mandatory provisions or order to stop handling of chemical substances and chemical products in order to ensure compliance of handling of chemical substances and chemical products to this Law and legal acts based on it.

(3) In cases of existing solid doubts about uncompliance of handling of chemical substances and chemical products to this Law, supervising authorities have right to take samples of chemical substances or chemical products in quantities necessary to provide adjudgement of authorised conformity evaluation institution about chemical substances and chemical products or handling of them. In case of justification of suspicion, costs shall be covered by the person.

(4) Supervising authorities have right with no charge obtain information needed to provide supervision from other state authorities and use samples taken by other state authorities.

(5) Supervising authorities, when carrying out supervision according to this Law or other legislative acts, have right to visit territories, buildings and other objects, of whatever belonging (taking into the consideration principle of inviolability of residence of person), in order to control compliance of the handling of chemical substances or chemical products to this Law and legal acts based on it. During stay in the objects precautionary regulations and peculiarities of technological processes shall be taken into the consideration. Person shall supply representatives from supervisory and control authorities with personal protection equipment.

Article 6. Conformity evaluation institutions

Tests necessary for identification of chemical substances and chemical products and investigations of their physical and chemical properties, needed for supervision authorities, shall be made only by laboratories certified according to requirements of legal acts.

Article 7. Register of Chemical Substances and Chemical Preparations

(1) Information, necessary for providing of supervision, on chemical substances and chemical products, what are imported or manufactured in means of business activities shall be registered in a Register of Chemical Substances and Chemical Products.

(2) Order of the registration of chemical substances and chemical products, as well as chemical substances, chemical products and their groups, which have to be registered in the Register of Chemical Substances Chemical Products, shall be approved by the Cabinet of Ministers.

Article 8. Confidentiality

(1) Anyone, who, in course of providing supervision in accordance with this Law or other regulations, has obtained any information concerning person’s financial circumstances, business or professional secrets, has prohibited to supply this information to third party without agreement of the person.

(2) Article one of this Paragraph does not apply to supplying of information to state institutions mentioned in Paragraph 5 for the survey, as well as to supplying information to legal authorities.

Chapter III. OBLIGATIONS OF THE PERSON.

Article 9. General obligations of the person

(1) Person, taking into account dangerousness and amounts of the chemical substances or chemical products, shall observe the requirements of existing legislation, as well as necessary precautions and take necessary steps to avoid harm to the environment, human life, health and property.

(2) Person shall avoid handling of chemical substances or chemical products classified as hazardous, if there are less hazardous substitutes available.

(3) Person has to have necessary information on chemical substance or chemical product, it's physical and chemical properties and effects on the environment or human health. This information shall be sufficient to assess possible hazards of chemical substances or chemical products for human health, environment and property in order to label the chemical substances or chemical products and to take appropriate safety measures in case of accident.

(4) Person handling the chemical substances or chemical products in frame of business activities shall assess probability of accidents and foresee measures to be taken in order to avert the accidents or to reduce their effects

(5) Person handling the chemical substances or chemical products shall have certain level of knowledge to do so depending from the properties of chemical substances or chemical products or the scale of activity. Requirements for the level of knowledge necessary shall be set by the Cabinet of ministers. If person is a legal person, specific knowledge should have those physical person who are in charge and responsible for handling of chemical substances or chemical products.

(6) While planning, designing and renovating equipment and buildings for industrial usage or storage of chemical substances or chemical products as well as during handling of chemical substances and chemical products:

1) probability of accidents influencing the environment, human health or property should be estimated and set of measures to prevent the accidents or mitigate effects of accidents should be developed;

2) location of buildings, topographical, geological, meteorological and hydrological conditions, location of nearest other buildings, highways, railways, pipelines, as well as location of protected nature areas should be taken into consideration.

Article 10. Classification chemical substances or chemical products

(1) Producer or importer of chemical substances or chemical products is responsible for the classification of the substances or preparation according to physical, chemical, toxicological and other properties inherent to them when they are supplied for sale or use.

(2) Chemical substances or chemical products are regarded as dangerous if, according to a regulations mentioned in Article three of this Paragraph, they are classified in one of following categories:

1. corrosive chemical substances or chemical preparations;
2. irritant chemical substances or chemical preparations;
3. sensitising chemical substances or chemical preparations;
4. carcinogenic chemical substances or chemical preparations;
5. mutagenic chemical substances or chemical preparations;
6. chemical substances or chemical preparations which are toxic for reproduction;
7. chemical substances or chemical preparations which are dangerous to the environment;
8. explosive chemical substances or chemical preparations;
9. oxidising chemical substances or chemical preparations;
10. highly flammable chemical substances or chemical preparations;
11. extremely flammable chemical substances and chemical preparations:
12. flammable chemical substances or chemical preparations;
13. very toxic chemical substances or chemical preparations;
14. toxic chemical substances or chemical preparations;
15. harmful chemical substances or chemical preparations;

(3) Order of the classification of chemical substances and chemical preparations depending from their dangerous properties and a level these properties are inherent, shall be set by the Cabinet of Ministers.

Article 11. Risk analysis

(1) Cabinet of Ministers determines order of assessment of risk caused by chemical substances and actions to be taken in order to reduce the risk, and determines to which substances and which products are falling under these regulations.

(2) Cabinet of Ministers determines order of assessment of risk of industrial accidents involving dangerous chemical substances and dangerous chemical products and actions to be taken in order to reduce the risk, and indicates what chemical substances or products (depending of their amounts and level dangerousness) are falling under these regulations.

Article 12. Packaging and labelling of chemical substances or chemical products

(1) Producer or importer of chemical substances or chemical products shall provide endurance and safety of packaging of dangerous chemical substances or chemical products.

(2) Producer or importer of chemical substances or chemical products shall provide labelling of package of dangerous chemical substances or chemical products in Latvian if dangerous chemical substances or chemical products are intended for further distribution within the territory of the state.

(3) Regulation for packaging and labelling of chemical substances or chemical products shall be approved by the Cabinet of Ministers.

Article 13. Notification of new chemical substance

(1) Cabinet of Ministers approves a list of existing chemical substances and a list of notified chemical substances.

(2) Chemical substance which is not mentioned in the list of existing chemical substances shall be deemed as a new chemical substance.

(3) It is forbidden to import or sell new chemical substance in Latvia before trial of impact of said substance to the health or the environment and making a notification where results of this trial are represented according to regulations of the Cabinet of Ministers on notification of new chemical substance.

(4) Provisions of Article one of this Paragraph shall not apply to:

1. chemical substances what are imported or manufactured for precisely formulated scientific research purposes in quantities not exceeding 100 kg per manufacturer or importer per year. In this case importer or manufacturer shall keep and (upon request) present to the supervisory and control authorities written information about amount, labelling and recipients of the chemical substance;
2. chemical substances what are imported or manufactured in quantities not exceeding 100 kg per manufacturer or importer per year for such scientific research purposes as analyses or research carried out in controlled circumstances with aim to determine inherent properties of the substances;
3. chemical substances what are manufactured or according to the order set by the Cabinet of Ministers imported by limited number of registered customers for the purpose of precisely formulated experimental manufacture needs in quantities not exceeding those needed for investigation of particular process. This exemption is in force for the period of one year starting from first manufacture or import action with requirement that person supplies State Environmental Inspectorate with the information in written about himself and the chemical substance including its labelling, amount, list of customers and plan of research activities;
4. polymers containing less than two per cent of new chemical substance.

Article 14. Duty to compile Safety Data Sheet

(1) Producer or importer of dangerous chemical substance or dangerous chemical product shall compile the Safety Data Sheet for particular chemical substance or chemical product in accordance to requirements set out in Article 15 of this Law.

(2) Producer, importer of chemical substances or dangerous chemical products or other person shall with no charge provide the receiver of chemical substances or chemical products with the Safety Data Sheet if:

1) material is intended for industrial or other professional use;

2) material is delivered for wholesale trade for the first time;

3) in other cases, if receiver requires so.

Article 15. Content of the Safety Data Sheet

(1) Example of the Safety Data Sheet and regulations on how to fill shall be approved by the Cabinet of Ministers.

(2) The Safety Data Sheet should include the following information:

1. identification of chemical substance or chemical product and name and address of producer, importer or person dealing with delivery of particular chemical substances or chemical products in the territory of the Republic f Latvia,
2. content of chemical product and information on each composite,
3. characteristics of dangerousness,
4. first aid measures,
5. fire safety measures,
6. measures to be taken in case of accident,
7. instruction for use and storage,
8. labour safety measures,
9. information on physical and chemical properties ,
10. information on stability and reactivity,
11. toxicological information,
12. environmental information,
13. possible ways of utilisation,
14. instructions for transportation,
15. list of legal acts determining handling of particular chemical substance or chemical product,
16. other information important from point of view of human health or environment.

Chapter IV. RESTRICTIONS ON HANDLING OF CHEMICAL SUBSTANCES AND CHEMICAL PRODUCTS

Article 16. Restriction or prohibition of handling of chemical substances or chemical products

Cabinet of Ministers sets out special restrictions or prohibitions of handling of chemical substances or chemical products, or other materials containing or treated with such chemical substances or chemical products.

Article 17. Restrictions on sale of very toxic and toxic chemical substances or chemical products

(1) Toxic and very toxic chemical substances or chemical products may be sold under presentation of written requisition from buyer, taking into account restrictions set out in elsewhere legal texts.

(2) Requisition shall state a purpose for what chemical substance or chemical product is intended to be used. Natural persons shall approve the requisition in the National Environmental Health Centre.

(3) It is prohibited to sell toxic or very toxic chemical substances or chemical products to persons under 18 years of age.

(4) Legal persons selling toxic or very toxic chemical substances or chemical products shall register customers of these chemical substances or chemical products in a list, shall keep this list, as well as requisitions mentioned in paragraph one of this article, and shall provide them under request of supervisory authorities.

Article 18. Fees for registration of chemical substances and chemical products and examination of requisitions

Fees are collected for registration of chemical substances or chemical products in extent and order approved by the Cabinet of Ministers. Fee shall be entered the State Budget.

Chapter V. LIABILITY FOR TRANSGRESSION WHILE HANDLING CHEMICAL SUBSTANCES OR CHEMICAL PRODUCTS

Article 19. Liability for violations of legal acts while handling chemical substances or chemical products

(1) Person who violates this Law or other legal acts while handling chemical substances or chemical products shall be called to account accordingly to the laws and other legal acts.

(2) If handling of chemical substances or chemical products is contradicting to this Law or legal acts based on this Law, those substances or products can be withdrawn or confiscated in conformity with existing legislation.

(3) Confiscated chemical substances or chemical products can be given in charge or sold to other person or annihilated within the frame of existing legislation.

Article 20. Compensation of costs and loss

(1) If contamination of environment or buildings while handling chemical substances or chemical products is taking place, person responsible for this shall provide recovery of the environment and buildings till the level that will not create danger in future.

(2) If harm to other person life, health or property while handling chemical substances or chemical products is taking place, responsible person recompenses the harm according to laws and other legal acts.

(3) Person who has been admitted to be guilty in violation of this Law or other law or legal act regulating handling of chemical substances and chemical products, covers all expenses connected with take of samples and investigation.

The Law comes into force on January 1, 1999

The Law adopted in Saeima on April 1, 1998

The President of the state G.Ulmanis

Riga, April 21, 1998

Annex 2

THE LAW OF THE REPUBLIC OF LATVIA ON HAZARDOUS WASTE

Terms used in the Law

Hazardous waste - hazardous remains and derivatives caused as a result from economic or other action, which can be either pollutants, exerting bad influence on environment and human health, or material resources, used immediately after the creation or after special processing (treatment).

In the sense of present Law the hazardous waste is characterised by:

• explosivenes
• fire hazard;
• inflammability
• toxicity,
• corrosiveness,
• non conductive reaction power,
• the potency to create carcinogenic, mutagenic and other changes in living organisms (factors causing malignant tumours are called carcinogenic; mutagenic factors cause congenial diseases and bodily defects).

Chapter I. GENERAL RULES

Article 1. Aim and fundamental principles of the law shall be taken into consideration when performing actions with hazardous waste

The aim of the Law is to establish requirements and order to be observed when performing the actions with hazardous waste in the territory of the Republic of Latvia, so as to protect the environment, human health, property and interests of physical and juridical persons from the influence of hazardous waste.

In the Republic of Latvia actions with hazardous waste are performed in accordance with the requirements established in the normative acts of the Republic of Latvia.

The actions with hazardous waste are performed paying royalty in accordance with the order established in the normative acts of the Republic of Latvia.

It is forbidden to importation hazardous waste into the Republic of Latvia with an aim to treat, to process, to store, to deposit or to liquidate. In particular cases the Cabinet of Ministers can permit to import hazardous waste for treatment or recessing from Estonia and Lithuania if intergovernmental agreements in this area provide this. The import of hazardous waste in Latvia through Estonia and Lithuania from third countries is inadmissible.

Article 2. Sorts of hazardous waste

The Law is to be applied to actions with following kinds of hazardous waste (if they possess indications characterising hazardous waste):

• waste, containing oil products and lubricators (mineral-oils, oil, black oil, diesel oils, their emulsions, oil containing water mixtures, sediments, soil polluted with them);
• waste, containing organic solvents (used solvents from washing and fat depriving processes in metal-working industry, equipment building and other enterprises, solvents from synthesis and extraction processes in chemical, pharmaceutical and food industries, solvents from dry-cleaning processes etc.;
• waste, containing halogens;
• waste, containing cyanides;
• needless substances and products containing polychlorinated biphenyl’s (PCB), polychlorinated terphenyls (PCT), polybromated biphenyl’s (PBB) or their admixtures;
• waste, containing heavy metal ions;
• waste-water treatment slime from leather processing enterprises or tanning work-shops and other chromium containing waste;
• residue from lacquers, paints and glues;
• waste, containing mercury and its compounds;
• waste, containing cadmium and its compounds;
• waste from inorganic substances formed in different chemical processes (exhausted acids, alkalies, and salts);
• waste, containing different organic substances, including surface active substances (coolants, residue from washing and cleaning processes);
• used organic filtration and cleaning materials (textiles, papers, filter materials made of natural and synthetic polymeric materials, wood-waste contaminated with lubricants etc.);
• waste from metal moulding and casting;
• waste from meat and fish processing, waste from vegetable oil;
• waste from metal polishing and grinding;
• contaminated polymeric materials - natural and synthetic polymers (ion- exchangers, latex’s, plasticizers, etc.);
• waste from wood preservatives;
• waste from chemical substances used for plant and animal protection (pesticides, also herbicides, insecticides, etc.);
• waste from chemical and pharmaceutical industries;
• waste from production of biocides, biologically active substances and phytopharmaceutical preparations;
• needless, unused medical preparations, microbiological preparations and waste from medical establishments;
• sludge from waste-water treatment plants with heightened content of hazardous substances (heavy metals, oil products etc.);
• residue and waste from household;
• other hazardous waste adjusted to the requirements of the present Law.
  

Classification of hazardous waste and criteria by which the waste is considered to be hazardous are prepared by the Ministry of Environmental Protection and Regional Development in co-ordination with the Ministry of Welfare and adopted by Cabinet of Ministers.

The actions with radioactive waste are regulated by particular normative acts of the Republic of Latvia.

Chapter II COMPETENCY OF STATE INSTITUTIONS CONCERNING THEACTIONS WITH HAZARDOUS WASTE

Article 3. The competency of The Ministry of Environmental Protection and Regional Development of the Republic of Latvia concerning the actions with

hazardous waste

The Ministry of Environmental Protection and Regional Development of the Republic of Latvia and its territorial (regional) environmental protection institutions:

• realise state controls over the actions with hazardous waste;
• Co-ordinate licences for physical and juridical persons to be issued for actions with hazardous waste as well as issue the hazardous waste transporting licenses;
• establish order for monitoring in objects, where the actions with hazardous waste are performed;
• determine the minimum of knowledge in ecology for the officials and specialists responsible for the hazardous waste management;
• elaborates model statutes of state importance hazardous waste collection stations, storage places, facilities for processing and utilisation and disposal places;
• perform other actions concerning environmental protection functions envisaged in the normative acts of the Republic of Latvia, controlling activities with hazardous waste.

Article 4. Competency of the Cabinet of Ministers of The Republic of Latvia concerning the actions with hazardous waste

The Cabinet of Ministers of the Republic of Latvia:

• determines the limits and compensation system of ecological insurance concerning the actions with hazardous waste;
• provides the working out of all the State hazardous waste transporting scheme and implementation of it in all the territory of State;
• in accordance with the normative acts of the Republic of Latvia, co-ordinates and directs the elimination of consequences, caused by actions with hazardous waste;
• secures and defines state sanitary supervision at sites where the actions with hazardous waste are performed;
• determines the order of usage, processing, transport and disposal of hazardous waste;
• adopts siting of state importance hazardous waste collection stations, storage places, facilities for processing and utilisation of and disposal places;
• performs other functions envisaged in the normative acts of the Republic of Latvia, controlling the actions with hazardous waste.

Article 5. Competency of local governments (small rural districts, municipalities, the City of Riga) concerning the activities with hazardous waste

Local governments (small rural districts, municipalities, the City of Riga) in the territory under their control:

• in accordance with normative acts of the Republic of Latvia perform supervision over activities with hazardous waste carried out by physical and juridical persons;
• in accordance with normative acts of the Republic of Latvia, participate in the elimination process of accidents, caused by actions with hazardous waste;
• in accordance with normative acts of the Republic of Latvia, perform other environmental protection functions controlling the actions with hazardous waste.
  

On the background of conclusions given by territorial (regional) environmental protection institutions of the Republic of Latvia:

• issue licences to physical and juridical persons to act with hazardous waste and cancel them in accordance with the order established in the normative acts of the Republic of Latvia;
• in accordance with the State hazardous waste collection and transport scheme, elaborate and confirm local scheme;
• confirm the location of local facilities for hazardous waste processing and utilisation as well as location of landfills;
• confirm the security and anti-accident plans and accident elimination plans worked out by physical and juridical persons concerning the actions with hazardous waste.

Chapter III. SETTLEMENT OF DOCUMENTS NECESSARY FOR ACTIONSWITH HAZARDOUS WASTE

Article 6. Obligatory preconditions for actions with hazardous waste

Actions with hazardous waste are permitted to be carried out only after presentation of a notification concerning actions with hazardous waste to an authoritative institution and reception of licence for managing or transportation of hazardous waste.

Article 7. Notification concerning actions with hazardous waste

Any physical or juridical person planning to deal or dealing with hazardous waste prepares and presents a notification concerning actions with hazardous waste to an authoritative institution, authorised for issuing the licence for actions with hazardous waste or transport licence.

The notification is obligatory precondition for the receipt of the licence or the transport licence.

Article 8. Licence for actions with hazardous waste

Any physical or juridical person, dealing with hazardous waste is to receive the licence to carry out these actions.

A licence for dealing with hazardous waste (except transport of hazardous waste), taking as a background the conclusion drew by the territorial (regional) environmental institutions is issued by a local government in the case when these actions are performed at their territory.

For the transport of hazardous waste in the territory of the Republic of Latvia, the transport licence shall be received. It is issued by the territorial (regional) environment protection institutions (accordingly to location of physical or juridical person dealing with transport), informing about it local governments.

The licence for the hazardous waste transit through the territory of the Republic of Latvia is issued by the Ministry of Environmental Protection and Regional Development of the Republic of Latvia informing the corresponding territorial (regional) environmental protection institutions and local governments about it.

The licence to act with hazardous waste loses its validity in the case of the reorganisation of juridical persons, changing of technological processes, changing of way of hazardous waste transport (type of transport, technology etc.) as well as in other cases if any changes in hazardous waste operations have taken place. In order to be able to continue the actions with hazardous waste, a new licence or a transport licence is to be received.

The institution issuing a licence has a right to cancel it in accordance with the order established in the normative acts of the Republic of Latvia.

Article 9. Other documents necessary for operating with hazardous waste

Accordingly to other normative acts of the Republic of Latvia, regulating the actions with hazardous waste, also other documents, necessary for carrying out the actions with hazardous waste, may be requisite.

Chapter IV. OBLIGATIONS OF PHYSICAL AND JURIDICAL PERSONS CARRYING OUT THE ACTIONS WITH HAZARDOUS WASTE

Article 10. Obligations to be observed carrying out the actions with hazardouswaste

Physical and juridical persons, performing the actions with hazardous waste, have following obligations:

• observe the requirements of the normative acts of the Republic of Latvia concerning the actions with hazardous waste in the territory of the Republic of Latvia;
• before starting the actions with hazardous waste, present an notification to an authoritative institution in order defined by the present Law and to receive the corresponding licence;
• implement in production processes low-waste, non-waste or closed technologies which reduce or preclude hazardous waste formation;
• inform local governments and environmental protection institutions immediately in the case of any technological or production changes, reorganisations, changes of hazardous waste amount, composition, etc.;

observe hazardous waste collection and transportation schemes;

• elaborate security and anti-accident plans concerning actions with hazardous waste;- in proper time settle payments concerning actions with hazardous waste;- provide local governments and environmental
• protection institutions, residents and public organisations with demanded information concerning the actions with hazardous waste and ensure the possibility for control of objects;
• organise the monitoring regarding their actions with hazardous waste;
• compensate detriment caused to environment, human life and health, to interests and property of physical and juridical persons, caused as a result of infringement of environmental protections laws;
• perform other functions foreseen in the normative acts of the Republic of Latvia, dealing with hazardous waste;
• support the public control of environmental protection, making allocations in the Funding for Public Control.

Physical and juridical persons are responsible in accordance with order stated by normative acts for dereliction of these obligations. Any dereliction can be a background for cancelling the Licence for actions with hazardous waste.

Chapter V. CONTROL OVER THE ACTIONS DEALING WITH HAZARDOUS WASTE

Article 11. Institutions controlling the actions dealing with hazardous waste

Control over actions with hazardous waste in accordance with the order established in the normative acts of the Republic of Latvia, is realised by:

• the Ministry of Environmental Protection and Regional Development of the Republic of Latvia and tits territorial (regional) environmental protection institutions;
• local-governments' institutions;
• the Ministry of Prosperity of the Republic of Latvia institutions;
• physical and juridical persons, carrying out actions with hazardous waste (self-control).

Article 12. Public control of the environmental protection

Public control of the environmental protection:

• proposes to state and municipal institutions to carry out polls on issues related to hazardous waste management;
• proposes to state institutions to reprieve or interrupt the actions with hazardous waste performed by physical or juridical persons;
• requires information from state and municipal institutions and from physical and juridical persons on performed actions with hazardous waste;
• checks the spots where actions with hazardous waste are performed;
• collaborates with environmental protection institutions;
• controls the payment to experts from he Funding for Public Control.

Article 13. Accessibility of information

Information on actions with hazardous waste is accessible openly to institutions of government and local governments and also for public control of the environmental protection.

Chapter VI. LIABILITY FOR THE VIOLATION OF THE LAW AND PROCEEDING OF CONTENTIONS WHICH ARISE DEALING WITH HAZARDOUS WASTE

Article 14. Restriction, reprieve or cessation of actions with hazardous waste

The Ministry of Environmental Protection and Regional Development of the Republic of Latvia and its territorial (regional) institutions or other plenipotentiary institutions, in accordance with the order established in the normative acts of the Republic of Latvia, have rights to restrict, reprieve or cease the actions with hazardous waste, if any requirements of the present Law and other normative acts of the Republic of Latvia or of International Agreements are violated and in the case of detriment or possible detriment could be caused to environment, human life and health, to interests and property of physical and juridical persons.

Article 15. Types of liability in cases of violation of the law dealing with hazardous waste

Physical and juridical persons, who performing the actions with hazardous waste, have violated the requirements established in the environmental legislative acts, shall be held accountable in accordance with administrative, criminal, disciplinary or other liability.

Article 16. Liability for detriment caused performing actions with hazardous waste

Physical and juridical persons which perform actions with hazardous waste, shall compensate all loses to environment, human health and life, physical and juridical persons interests and property for the detriment caused in case of infringement the requirements of the present Law or the demands of other normative acts of the Republic of Latvia.

Physical and juridical persons which perform actions with hazardous waste, are to be exempted from compensation in cases, if losses are caused by invincible forces (natural elemental forces, etc.) or in a result of other actions, when above mentioned persons are not to be blamed for.

Article 17. Proceeding of contentions which arise registering officially and performing the actions with hazardous waste

The Ministry of Environmental Protection and Regional Development of the Republic of Latvia consider the contentions, which arise registering officially and performing the actions with hazardous waste. The interested persons can appeal to the Court against a decision of the Ministry of Environmental Protection and Regional Development of the Republic of Latvia.

In the cases prescribed in international agreements adopted by the Republic of Latvia the International Court or the Arbitration considers such contentions.

Chapter VII. INTERNATIONAL AGREEMENTS CONCERNING ACTIONS WITH HAZARDOUS WASTE

Article 18. International agreements concerning actions with hazardous waste

If requirements of international agreements concerning actions with hazardous waste adopted by the Republic of Latvia differ from Laws and regulations acting in the Republic of Latvia, the regulations from international agreements are to be applied for the Republic of Latvia, except the cases when requirements of normative acts of the Republic of Latvia are stronger.

Chairman of the Supreme Council of the Republic of Latvia A. Gorbunovs

Secretary of the Supreme Council of the Republic of Latvia I. Daudishs

Riga, 30 March, 1993

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*The amendments adopted by Saeima on 17 December, 1996 are included in this text.