Latvia

II. Main elements of EU environmental legislation embodied or becoming adopted in the national legal system

In this chapter:

Environmental regulation of constitutional character

The Satversme (Constitution) of the Republic of Latvia (adopted in 1922) does not include norms of direct bearing on the field of environmental protection. The constitutional act of the Republic of Latvia on 'Human and Citizen Rights and Responsibilities' of 1991 provides that the protection of nature, the cultural environment, landscape, monuments of architecture and history, as well as the environment in general, is the responsibility of each individual, society and the state. This provision has no direct or practical consequence, but serves as a guiding principle.

The fundamental law in the field of environmental protection is the Environmental Protection Act (1991). The objective of this law is defined in the first article and is as follows: "to establish a reciprocity mechanism between society and nature which guarantees environmental protection, effective environmental/economic activity and rights of the residents of the Republic of Latvia to a sound human environment."

The chief tasks and fundamental principles of the Environmental Protection Act have also been set as follows:

According to the Environmental Protection Act, the polluter's duty is to abate or cease pollution and cover all associated costs. It also states that natural resources can be used only in exchange for a set payment. Environmental protection control tasks have also been set as follows:

Fundamental principles in environmental protection are also included in other laws, as for instance the Act related to State Ecological Expertise (1990).

The recently adopted new version of the Act relating to the Natural Resources Tax (1990), with the same title, on Natural Resources Tax (1995), shall enter into force in 1996. It provides that a tax shall be collected for:

General environmental policy

Council Recommendation 75/436/Euratom, ECSC, EEC - Polluter Pays Principle

The natural resources tax was introduced in the Republic of Latvia in 1990 (Act on Natural Resources Tax (1990) with the overall goal to limit the irrational use of natural resources and pollution of the environment. It has two main parts: introduction of payment for the use of natural resources and involvement in economical activities, including pollution of the environment within allowable limits, as well as penalties for over-limit pollution and over-use of resources. Yet the introduction of this tax did not promote a decrease in environmental pollution and saving of natural resources, because the tax rates lost much of their value in the course of devaluation. The amount of the payable tax was calculated instead of being measured, and usually this did not reflect the actual circumstances.

The newly introduced Act related to Natural Resources Tax (1995) foresees the implementation of new economical instruments:

Those subject to the natural resources tax shall include all legal and natural persons using natural resources. The tax shall be calculated in accordance with basic rates. All the funding obtained from the payments of the natural resources tax shall be used only for the financing of such activities and projects that are directly connected with environmental protection, rehabilitation and recultivation, research or the renewal of natural resources.

A licensing mechanism can be introduced in particular regions of Latvia with the most intensive activity load or for specific types of entrepreneurial activity.

The new Act related to the Natural Resources Tax contains several amendments to the previous act, as follows:

An acquired license shall equal payment of the natural resources tax for those natural resources or types and positions of environmental pollution for which the license is envisaged.

The license for the use of natural resources or for environmental pollution shall be a special license issued by the Ministry of Environmental Protection and Regional Development, and the amount paid for the license shall be equal to the payment of natural resources tax. The licensing system shall not revoke and change the existing procedure for setting environmental pollution norms, the approximation of projects and issuance of permits.

The holder of a license shall have the right to sell licenses registered, paid for in full or paid for in part, that have become unnecessary for him or her as a result of a change to the entrepreneurial activity, technological or otherwise. A 'free' license market shall be organized by the local authorities of the respective region. The purchase and sale of licenses shall be registered at the regional environmental authority.

Council Directive 85/337/EEC - Environmental Impact Assessment

Presently, there is neither a law nor an institution that could perform environmental impact assessment as well as the coordination of projects and control over the observation of environmental impact assessment requirements.

The Act related to State Ecological Expertise (1990) lays down the fundamental tasks of ecological expertise as follows:

According to the act, society also has the right to express its point of view.

Despite the fact that this act does not directly address EIA, it does effect a measure of change in this respect. It concludes that the necessity of EIA procedure in general was not disputable and was foreseen.

The implementation of ecological expertise is promoted through the following instruction: 'Organization of State Ecological Expertise for Economic Activity Projects' (1993).

Council Directive 90/313/EEC - Access to environmental information

The fundamental principle is defined within the Environmental Protection Act (1991) as follows: inhabitants of the Republic of Latvia have the right to receive full and true information about the condition of earth, ground, soil, soil, water, forest, atmospheric air and other natural objects in the republic in general and also for specific areas in its territory.

Article 13 of the act provides that the inhabitants and public organizations of the Republic of Latvia have the right to demand such information as objects' impact on the environment, as well as the results of ecological expertise. Environmental protection institutions and local authorities are responsible for providing inhabitants with information about the state and quality of environment on a regular basis.

Article 14 imposes on the local environmental protection authorities the duty to regularly inform inhabitants about the condition of the environment.

The same regulations that require public access to information regarding environmental regulations and permits (Articles 12, 13) also allow for the public to be notified of violations only in response to specific requests. The mass media occasionally reports on violations of environmental regulations. Public protest against the storage of radioactive waste in Baldone was a notable case of public demonstration against the violation of environmental regulations.

Specific procedures on providing information during national and regional territorial planning are laid down in the Regulations on Territorial Project Planning (1994). Under the regulations, the Ministry of Environmental Protection and Regional Development must give notice of public discussions on planning decisions in a newspaper eight weeks prior to the meeting. The notice must include a deadline for submission of written comments.

The statutes on the Ministry of Environmental Protection and Regional Development provide that one of the fundamental tasks of the ministry is to catalogue and promulgate information on environmental quality in the country.

Council Regulation EEC/1973/92- Financial Instrument for the Environment ( LIFE )

Besides the Natural Resources Tax, there are several other financial and economic instruments in force:

The incoming natural resources tax is placed in a special state environmental protection budget and in special local budgets. This money may only be used for the financing of projects or activities directly related to environmental protection, sanitation, utilization of hazardous waste, recycling of waste, etc. [Act related to Natural Resources Tax (1995)].

Council Regulation EEC/1836/93 - Eco-management and audit scheme

Eco-management and audit scheme. These issues are not discussed in the present legal system.

Proposal for a Council Directive 93/C 31/106 - Integrated pollution prevention and control

The order of issuing of permits for activities that may have an impact on the state of the environment is provided in the following among other statutes:

The Environmental Protection Act (1991) provides that permits for the discharge of pollutants in the environment are issued according to norms.

Air

Council Directive 70/220/EEC - Emission from motor vehicles

The state transportation infrastructure, the means of transportation, as well as the fuel generally in use in Latvia, does not comply with the environmental quality norms in effect in developed countries. Air pollution from nitrogen oxides, carbon-oxide, and lead has rapidly increased during recent years and exceeds maximum permissible concentrations.

The major part of air pollution is created by transport. Transboundary air pollution also influences air quality.

The emission standards of USSR are still in force, for instance:

The Act related to the Natural Resources Tax (1995) provides the application of a natural resources tax for the discharge of pollutants into the atmosphere. This tax could also promote and facilitate the use of unleaded gasoline in the future. The tax is calculated in accordance with basic tax rates for air pollution.

Any payer of the natural resources tax shall receive a permit from the relevant environmental institution for discharge of pollutants into the atmosphere. Permits shall be issued for a limited time period on the basis of an application. The tax shall be paid for the actual amount of environmental pollution, based on the recorded data and the limits as set in the permit. For unlawful, non-registered (concealed) amounts of pollution, besides the tax for the concealed amount, the taxpayer shall be liable to a fine (sanction) double the amount of the unpaid tax.

Council Directive 84/360/EEC - industrial plants

Council Directive 89/369/EEC - new municipal waste incinerators

The Act related to the Protection of Atmospheric Air (1981) is still in effect, as well as other norms and standards of former LSSR and USSR.

There also exists a so-called Resolution of the Latvian Environmental Protection Committee on Charges for Air Pollution by Point Sources without a Permit or Exceeding the Norms (1992). The overall goal is to reduce air pollution and accumulate finances for environmental protection.

Every enterprise must receive a permit for emissions, record emissions, and report them to environmental protection authorities. The emission charges are based on the reported information.

The application procedure for point sources begins with the registration of the point source of emissions. The next step differs, depending on whether the point source is a new source or one that has already been functioning. For a new source, the emission volume 'inventory' is calculated based on theoretical methods. Emissions are monitored on the basis of grams per second and this is the control volume used for enforcement. Permits for air pollution are issued by the regional environmental protection authorities. The permits stipulate limits for the discharge of emissions in the atmosphere.

Council Decision 93/389/EEC - Monitoring mechanism of Community CO2 and other greenhouse gas emissions

No special national policy countering climate changes has been adopted in Latvia, 'climate change' meaning the depletion of the ozone layer and the greenhouse effect. The objectives and underlying principles of the state environmental protection policy are set out in the Environmental Protection Policy Plan (1995), which considers a solution to priority environmental problems, as well as appropriate political tools. To a large extent the climate policy is an amalgamation of environmental protection policy and of strategic development plans for a variety of economic sectors such as energy and industry. One might say the national climate policy is in a developmental stage, because the plans for various economical sectors have neither been finalized nor approved by the cabinet.

One of the most powerful tools for the implementation of climate policy is legislation. Principal laws and regulations poised to have significant influence are the Environmental Protection Act (1991), Act related to the Natural Resources Tax (1995), Act related to State Ecological Expertise (1990), Regulations related to the Use of State Forests (1995), Regulations on Road Traffic (1994), State Technical Check-up Rules for Mechanical Vehicles and Trailers (1994) etc. Relevant bills include those on energy and on air protection.

Systematic observations of environmental pollution are carried out by institutions ancillary to the Ministry of Environmental Protection and Regional Development. Climate monitoring is undertaken by the Hydrometereological Agency of the Ministry of Transport. Scientific research is mainly centered at the University of Latvia and Riga Technical University, as well as at the Institutes of Biology and Physical Energy of the Latvian Academy of Sciences.

Proposal for a Council Directive 94/C 216/04 - Ambient air quality assessment and management

Databases on the pollution of air and water are compiled at the Environmental Data Center. Statistical reports are submitted by all regions of Latvia on an annual basis to current data basis. Each region reports on types and amounts of emissions. Reports indicate the amount of pollutants emitted into air. Since 1995, the reports have required enterprises to implement measures aimed at the reduction of pollutant emissions into the atmosphere.

There is an extensive network of long-term services for observation of environmental pollution in Latvia. Regional networks are tailored to the respective regions and participate in international monitoring programs. Local networks are also being created at the national level to deal with local monitoring issues.

Chemicals, industrial risks and biotechnology

Commission Directive 67/548/EEC - Classification, packaging and labeling of dangerous substances

Presently there is no specific law on chemical substances, but there is a draft version.

Council Directive 82/501/EEC - industrial accidents and emergency response

Council Regulation EEC/793/93 - evaluation and control of the risks of existing substances

The requirements of the EU directives have promoted and initiated the modification of legislation to include the development of a national 'risk' concept and the implementation of risk assessment. Yet there is no united approach to risk assessment to date, and there is no clear definition of risk assessment procedure and applicable methods in Latvia. Nor is there an appropriate legal basis. Presently, risk assessment and control over risk objects is performed by different institutions within their competent limits. This issue is covered partly by the Environmental Protection Act (1991) and the Act related to the Procedure of Suspension of Enterprises, Institutions and Organizations (1991).

The greatest accident risk for the population of city of Ventspils, for example, is created by the storage, loading and export of ammonia (two storage tanks of 30,000 cubic meters each) within the industrial park at the port of Ventspils. The following hazardous substances are also transported, stored and reloaded within the city limits: acrylonitril, isobutanol, methyethyeketone, 2-ethylhexanol. Integrated risk assessment has been performed in Ventspils using the experience of the Netherlands and Britain.

Specific activities and solutions to emergency situations are covered by special acts related to Civil Security and on Fire Control and Safety, which provide that the owner or manager of a hazardous installation is liable for the implementation of on-site safety measures. Special response and rescue services for local residents in the event of emergencies is the responsibility of local governments, the Center for Civil Security, and the Fire Safety and Rescue Department. Emergency response plans are required by the Act related to Civil Security.

The Cabinet Regulations on Territorial Planning (1994) and other normative documents provide information on the arrangement of safety zones around risk objects.

The environmental authorities are responsible for the supervision of industrial activities.

Council Decision 89/569/EEC - Good Laboratory Practice

There are no special normative acts to date regarding laboratory activities.

Council Directive 90/220/EEC - Genetically modified organisms

The Environmental Protection Act (1991) includes a special article, number 28, which states: 'Micro-organisms, viruses, and their metabolite increase, utilization, transport, storage, and liquidation regulations, and also micro-organisms and their metabolite maximum allowable concentration norms, are confirmed by the Ministry of Welfare and the Ministry of Environmental Protection and Regional Development of the Republic of Latvia. New micro-organisms, viruses, and form creations (through selection, genetic engineering, and other methods) and their utilization, and also the import of such organisms into the Republic of Latvia is allowed only with the reception of a positive state environmental impact statement notice. Control is carried out by the Ministry of Welfare and the Ministry of Environmental Protection and Regional Development of the Republic of Latvia. Article 26 provides that noxious chemical substance production, transport, use, storage and disposal regulations must be observed by all physical and legal entities (persons). The Republic of Latvia's noxious chemical production and use register, and also use regulations, are confirmed by the Ministry of Welfare in coordination with the Ministry of Environmental Protection and Regional Development. The introduction of new noxious chemicals, or their production, use, storage and disposal in the Republic of Latvia, is allowed only with the permission of the Ministry of Environmental Protection and Regional Development.

Nature

Under the socio-economic system present in Latvia since 1940, when part of the territory was intensely used but the rest was used inefficiently or abandoned, ecosystems, biotopes, and particular species were preserved that have become extinct or are very rare elsewhere in Europe.

Council Directive 79/409/EEC - Conservation of wild birds

The Red Book of Latvia (1985) was compiled on disappearing and specially protected bird species. Approximately 200 specially protected nature areas were designed for endangered species such as the black stork and eagles, as listed in the Red Book of Latvia.

Presently the Act relating to the Protection of Species and Biotopes is being drafted and will provide general principles for the protection of wild plants and animals, as well as regulations for the trade of these species, and on integrating the provisions of the EC directives into the legislation of Latvia.

Issues related to the protection of biological diversity are provided in the Resolution on Specially Protected Natural Objects in the Republic of Latvia of the Council Of Ministers (1987).

The Hunting Act (1995) provides that animals subject to hunting are subdivided into the following two main categories:

The hunting regulations approved in 1995 provide a full list of game animals, as well as conditions under which hunting is allowed.

Strictly determined hunting terms are applicable for unlimited hunting birds. Year-round hunting of certain species is allowed.

Photo-shoots and filming is allowed by permit from the State Forest Service. Regulations provide that the hunting or deaths of specially protected animal or bird species must be reported to the regional environmental protection service.

Latvia's membership in the Ramsaar Convention (1995) and the Rio Convention on Biological Diversity (1995), and its participation in related activities, should also be noted as an important factor.

Council Directive 92/43/EEC - Conservation of natural habitats and of wild fauna and flora

The Act relating to Specially Protected Natural Areas (1993) states that protected areas are geographically determined areas under special state protection, in accordance with the decisions of the competent state authorities and administrative institutions; and which are created, protected and managed for the following purposes:

These territories occupy 6.45 percent of the territory of Latvia.

Protected areas are classified thus: nature reserves, national parks, nature parks, natural monuments, restricted natural areas and protected landscape areas. The land in protected areas may be the property of the state, local governments, physical persons or legal entities, but some protected areas or parts thereof which have been included in the list set up and approved by the supreme state environmental protection institution may only be state property and shall not be privatized. The state also has first refusal rights with respect to the purchase of land in protected areas.

The limitations of the Act relating to Specially Protected Natural Areas ensure that the most valuable protected natural areas are preserved, that management activities are not carried out there, and that the rules on the use and protection of protected areas are observed.

Forests play a key role in the protection of wild flora and fauna. The Cabinet regulations on the Subdivision of Forests into Categories and Especially Protected Forest Segments (1994), the Act on State Forest Use (1995) provides that the State Forest Service is responsible for the ecological protection of forests. The protection of biological diversity embraces particular species of plants and animals, populations, and biotopes.

Noise

Council Directive 70/157/EEC - permissible sound level of motor vehicles

Council Directive 86/594/EEC - airborne noise emitted by household appliances

Presently there is no special act relating to noise, therefore the norms and standards of the former LSSR and USSR are still applicable, as follows:

There also exist so-called Hygienic Regulations for Measuring Noise in Work Places (1993), confirmed by the Department of Health, of Environment, and Ministry of Welfare.

Regular, on-site monitoring is carried out by the Department of Environmental Quality of the Ministry of Welfare. Additional monitoring takes place in the case of a complaint.

The noise nuisance policy intends to reduce or prevent high noise levels in residential areas. One environmental problem in terms of noise nuisance is the annoyance caused by vibration. A full assessment of this problem is not available.

The Act related to Aviation (1994) lays down regulations on hypersonic plane flights.

Waste

The waste management system in Latvia unfortunately is still at a rather incipient level. All generated waste is disposed of at numerous small dump sites which cannot be considered controlled landfills. A system for hazardous waste treatment has not yet been created; nor has a separate waste collection system been introduced. Still, there are some exceptions, for example, the organized collection of scrap metal, paper, and demolition waste.

Council Directive 75/442/EEC - Waste Framework

The introduction of a modern, updated waste management system is among Latvia's priorities in the field of environmental protection. This priority is stated by the Environmental Policy Plan (1995). Presently the Republic of Latvia has no law on waste management. There are only a few fundamental principles embodied in the Environmental Protection Act (1991) and the Act related to State Ecological Expertise (1990). Despite the slow nature of this process, parliament recently adopted a new Hazardous Waste Act (1993).

Under the Act relating to the Natural Resources Tax (1990), the use of natural resources is taxed and the polluter is charged according to the actual discharge of pollutants. A tax is also imposed on waste, but only industrial enterprises are to pay this tax, it is not imposed on households. In some cases, however, the tax on waste is not very effective. If the waste producer has little or no alternative in disposing of the waste, if their opportunities are limited in reducing the amount of waste, recycling or introducing waste reduction technologies, the general tax on waste will function merely as a fiscal tax. Moreover, it may encourage illegal dumping.

The Act related to Self-Government (1994) provides that local authorities and municipalities are responsible for the organization of services, including waste collection, transportation and disposal.

Concerning activities involving hazardous waste, local authorities, on the basis of conclusions taken by environmental protection institutions, issue permits for activities with hazardous waste, confirm the location of local landfills, and confirm safety plans, as well as accident elimination plans worked out for activities involving hazardous waste.

Council Directive 91/689/EEC - Containers of liquids for human consumption

As the free market economy takes hold, the amount of household waste is rapidly increasing, changing also the morphological content of the waste. This is especially related to the increased use of various packaging materials, including some restricted in certain west European countries.

Council Directive 91/689/EEC - Hazardous waste

Council Directive 94/67/EC - Incineration of hazardous waste

The Hazardous Waste Act (1993) provides that a certain portion of the waste is separated and handled according to special regulations. The aim of the law is to establish requirements for activities with hazardous waste, to define main categories of hazardous waste, and to define the power of the local authorities and environmental protection institutions. The act prohibits any import of hazardous waste. Besides, Latvia has acceded to the Basel Convention (1989), which regulates transboundary movements and prohibits the import of hazardous waste from developed countries to countries whose economies are in transition - for example, Latvia.

Responsibility for the enforcement and state control, with respect to the Hazardous Waste Act, rests with environmental protection institutions (state inspectorates).

Proposal for a Council Directive 93/C 212/02 - Landfilling of waste

However, due to the fact that waste is not sorted, all types of waste - municipal, industrial, sludge, and hospital waste - is disposed of in a landfill, or what is better termed, a 'dump site', where no environmental protection requirements are observed. According to the existing legislation, hazardous waste originating during the industrial processes shall be managed by the given enterprises themselves. The disposal of hazardous waste on municipal landfills is strictly forbidden. Although the amount of toxic waste is being assessed, a data base has yet to be created. No environmental monitoring takes place in areas of landfill sites, and reduced CH4 is not utilized.

Water

Water quality, although among the priorities established in the National Environmental Policy Plan, is not yet regulated by law.

The Environmental Protection Committee adopted the Water Use Permit in 1991 (a new one is presently being drafted) which regulated the utilization of inland and sea waters and set out the procedure for obtaining water use permits. The permit lays down:

The water use permit is necessary for the utilization of water and sewage drainage. Environmental protection institutions issue permits on the basis of applications, which must be approved by the appropriate local authority. Applications shall indicate necessary means of water extraction, the characteristic form of water utilization, water consumption norms and common volumes, and also water extraction and utilization regime, sewage sources, sewage volume, the drainage regime to be used, the characteristics of sewage treatment, sewage composition, pollutant concentration, and volume in sewage.

Water users pay for water extraction and sewage drainage in accordance with the required rates set by the natural resources tax.

Permits are issued by environmental protection institutions, which are responsible for the observation of environmental protection norms and standards, and for the state inspection of water use and water pollution.

Council Directive 75/440/EEC - Surface water for drinking

Surface water pollution monitoring must be carried out by the Hydrometereological Department of the Ministry of Transport in accordance with the Resolution of the Council of Ministers, which entered into force in 1991. The methodology for this type of monitoring is regulated by the former USSR regulations.

Drinking water quality is regulated by special normative, issued by the former USSR.

Surface water and ground water quality is evaluated based on maximum allowable concentration norms which are fixed in Sanitary Norms and Requirements (USSR, 1988). In order to supervise the utilization of ground water and surface water, the State Statistical Report No2 on Water was confirmed by the State Committee of Statistics and by Environmental Protection Committee in 1991 (The highest institution dealing with environmental protection in Latvia at present is the Ministry of Environmental Protection and Regional Development, founded in 1993 by restructuring the Environmental Protection Committee.)

Due to the high water demand in urban/industrial areas and limited ground water resources, Latvia utilizes surface water to a great extent for both domestic and industrial purposes.

In order to find solutions to these problems, the Environmental Protection Policy Plan provides:

Council Directive 76/160/EEC - Quality of bathing water

The quality of bathing water is determined by special norms, the observance of which is controlled by the Ministry of Welfare.

Council Directive 80/68/EEC - Protection of groundwater against pollution

Latvia has organized Groundwater Pollution Monitoring. A Council of Ministers Resolution (1979) created water basin protection belts under two categories: strict regime belt and limited activity belt.

Council Directive 76/464/EEC - Dangerous substance discharges

In order to prevent the contamination of surface water and ground water from dump sites, the former USSR's 'Instruction for Planning and for the Utilization of Dump Sites for Municipal Solid Waste' (1975) is still in force.

Proposal for a Council Directive 94/C 222/06 - Ecological quality of water

Still in force are previously adopted standards of the former USSR. The Water Code (1973) is intended to govern all water use relations, to ensure the rational use of water, to improve the conditions of bodies of water, to prevent harmful effects on water, and to protect bodies of water against pollution and from drying up.

Under this code, there were almost 4,000 water quality indicators. Water quality requirements were defined in terms of these indicators for households, recreational use, and for use in the fisheries.

Similar to air quality standards, the water quality standards were too strict and too numerous. For example, the standards for sludge quality in sewage water treatment facilities are much stricter in Latvia than in the EU and Germany: Ni standards are three to four times stricter; those for Cr exceed German standards four to five-fold; the standards for Cu exceed those of the EU by two to four times; and in the case of Cd, EU standards are exceeded by one to three times. The relaxation of these standards is not envisaged.

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