COUNTRY REPORTS * LATVIA
In order to formulate a clear action program, several tasks must be undertaken. First, present or planned actions should be coordinated with the measures provided for in the Policy Plan, and opportunities for action outside the scope of the Ministry of Environmental Protection and Regional Development should also be studied, such as those involving other ministries, regional authorities, and other organizations.
Second, the method of implementing formulated environmental policies must be clearly defined.
The Action Program will be reviewed each current fiscal year, as well as every two to three years. This is necessary in the first place to enable more efficient use of existing environmental protection funding, channeling it to the most urgent activities; and secondly, the Action Program can be used as a basis to request further budget funding.
The Environmental Protection Action Program shall be the fundamental document in guiding the amendment of existing legislative acts as well as the development of new ones.
While the system of environmental legislation in Latvia has been established in part, some laws still require the development of supporting rules, regulations, standards, and so forth, in order to guarantee implementation of all their provisions. Also, for the effective application and enforcement of laws, proper guarantees are necessary, such as a system of state environmental administration institutions, material and technical support (e.g., guaranteed budget funding), guarantee it.
New bills are presently being drafted at the ministry, taking into consideration the relevant EU norms, standards and directives.
It is of major importance to promote the amendment of existing legislative acts and the development of new ones in the field of environmental protection.
The following are among the EU principles which must be incorporated in Latvian environmental legislation:
The harmonization of environmental standards has become one of the central tasks for the Ministry of Environmental Protection and Regional Development. This task is aided by various EU programs, for example. But Latvian environmental standards, as is the case with other Central and Eastern European countries, are in some areas similar to or more stringent than those of the EU or its member states. Their stringency, however, does not always correspond with the economic maneuverability of the given countries, meaning that such laws are inadequately enforced.
The harmonization process might be a good opportunity to adopt feasible, realistic and enforceable environmental standards. As they cannot be achieved overnight, this process must be preceded by a thorough cost/benefit analysis, feasibility studies, and public participation. In addition, it must be designed in such a way as to achieve Latvia's environmental goals in the most cost-effective way and to enable the investor to make sensible and long-term business decisions.
| criteria | assessment |
|---|---|
| 1. Has the Constitution any direct reference to environmental protection | |
| as a priority state objective? | yes |
| a human right? | yes |
| 2. Environmental regulation is based upon a framework environmental act? | in principle |
| 3. Environmental regulation is based upon | |
| a general environmental policy adopted by the parliament or government? | yes |
| a relatively detailed environmental program adopted by the parliament or government? | no |
| a general environmental concept that has not really been adopted by a regulatory body? | no |
| 4. Are there any specific provisions in the association agreement concerning the environment? | yes |
| 5. Is there a central government organ specializing in environmental protection | |
| a ministry? | yes |
| a central authority (inspectorate)? | yes |
| 6. Is there a specific administrative authority system for environmental protection in the country? | yes |
| 7. Is there an advisory body to the government on environmental matters? | no |
| 8. Are there any specific provisions concerning environmental liability | |
| in the Civil Code? | no direct information |
| in the Criminal Code? | no direct information |
| in the general administrative law? | no direct information |
| in privatization laws? | no direct information |
| GENERAL POLICY | |||
|---|---|---|---|
| criteria | score | weight | level of compliance |
| 1. Do the following principle appear in environmental legislation? prevention/precaution rectifying the pollution at source polluter pays Integrating environmental policy into other policies the high level of protection |
0.33 | 0.15 | 0.0500 |
| 2. Is the polluter pays principle embodied or reflected in the framework environmental act? other basic law on the environment? in civil law? in other laws? |
0.33 | 0.05 | 0.0167 |
| 3. Does the polluter pays principle cover the damages? a specific environment damage? the costs of reinstatement? the costs of prevention? the costs of monitoring and control? |
0.33 | 0.10 | 0.0333 |
| 4. Is there an EIA regulation existing in the country in a draft format? in a detailed regulation? in general? |
0.00 | 0.15 | 0.0000 |
| 5. Does the EIA provisions contain the list of activities subject to mandatory EIA? a direct link to permitting? the details of the procedure? public participation? |
0.00 | 0.15 | 0.0000 |
| 6. The free access to information provided for in a legal regulation? covers most of the environmental information in general? provides for an obligation of the public authorities? provides for some obligation of the polluters? is protected by a judicial review process? |
0.33 | 0.15 | 0.0500 |
| 7. Is there an eco-label award scheme embodied in law reflecting the eco-label regulations? | 0.00 | 0.05 | 0.0000 |
| 8. Are there any provisions concerning the development of environmental management schemes? EMAS (voluntary) environmental auditing reflected in law provisions connected with permitting |
0.00 | 0.05 | 0.0000 |
| 9. Is there an environmental fund existing as a separate state fund? as part of other funds? |
0.67 | 0.10 | 0.0667 |
| 10. Is the concept of IPPC reflected in environmental policy/legislation? | 0.00 | 0.05 | 0.0000 |
| Total | 0.22 | ||
| AIR | |||
|---|---|---|---|
| criteria | score | weight | level of compliance |
| 1. Are there any plans for improvement of air quality? | 0.00 | 0.20 | 0.0000 |
| 2. Are there specific regulations for point sources? | 0.33 | 0.10 | 0.0333 |
| 3. Are there specific regulations for mobile sources? | 0.33 | 0.10 | 0.0333 |
| 4. Does the BATNEC as a general requirement appear in air pollution regulation? | 0.00 | 0.10 | 0.0000 |
| 5. Concerning BATNEC, are there any special policy or strategy implemented for industrial plants? | 0.00 | 0.10 | 0.0000 |
| 6. Are there any specific regulations for greenhouse gas emissions? | 0.33 | 0.10 | 0.0333 |
| 7. Are there any specific regulations for waste incineration plants? | 0.00 | 0.10 | 0.0000 |
| 8. Is there any administrative authorization procedure for industrial plant operations regarding air pollution? | 0.67 | 0.20 | 0.1333 |
| Total | 0.23 | ||
| CHEMICALS, INDUSTRIAL RISK AND BIOTECHNOLOGY | |||
|---|---|---|---|
| criteria | score | weight | level of compliance |
| 1. Do the dangerous substances (chemicals) require a specific permit and record-keeping? | 0.00 | 0.15 | 0.0000 |
| 2. Do the dangerous substances (chemicals) require special classification, packaging and labeling? | 0.33 | 0.15 | 0.0513 |
| 3. Are the dangerous industrial activities reported and controlled? | 0.33 | 0.15 | 0.0513 |
| 4. Are internal/external plans for emergency responses for dangerous industrial activities required? | 0.00 | 0.15 | 0.0000 |
| 5. Is the public informed on dangerous activities and emergency response plans? | 0.00 | 0.12 | 0.0000 |
| 6. Are there some similar regulations like Good Laboratory Practice or other qualifications? | 0.33 | 0.12 | 0.0385 |
| 7. Are there any regulations like those in connection with GMOs or GMMOs? | 0.00 | 0.08 | 0.0000 |
| 8. Does the risk assessment appear in case of chemical substances? in case of dangerous activities? |
0.67 | 0.08 | 0.0513 |
| Total | 0.19 | ||
| NATURE CONSERVATION | |||
|---|---|---|---|
| criteria | score | weight | level of compliance |
| 1. Is nature conservation based mostly upon the regulation of protected species and protected areas? | 0.67 | 0.50 | 0.3333 |
| 2. Do the new elements of nature conservation such as natural habitats appear in law? | 0.33 | 0.50 | 0.1667 |
| Total | 0.50 | ||
| NOISE | |||
|---|---|---|---|
| criteria | score | weight | level of compliance |
| 1. Are there any specific noise pollution regulations in terms of motor vehicles? | 0.33 | 0.50 | 0.1667 |
| 2. Are there any specific product standards for noise emission of household appliances? | 0.00 | 0.50 | 0.0000 |
| Total | 0.17 | ||
| WASTE | |||
|---|---|---|---|
| criteria | score | weight | level of compliance |
| 1. Is waste management regulated by law? | 0.00 | 0.15 | 0.0000 |
| 2. Do waste management regulations cover waste management plans? | 0.00 | 0.15 | 0.0000 |
| 3. Are waste management regulations developed for hazardous wastes? other wastes? |
0.33 | 0.15 | 0.0513 |
| 4. Do waste management activities require a specific permit? | 0.33 | 0.15 | 0.0513 |
| 5. Do hazardous waste incineration plants have specific regulation? | 0.00 | 0.12 | 0.0000 |
| 6. Are there specific requirements for the landfill of wastes? | 0.33 | 0.12 | 0.0385 |
| 7. Does BANTEC form a part of the general waste management regulations? | 0.00 | 0.08 | 0.0000 |
| 8. Are there any special regulations relating waste originated from packaging materials, such as beverage containers? | 0.00 | 0.08 | 0.0000 |
| Total | 0.14 | ||
| WATER | |||
|---|---|---|---|
| criteria | score | weight | level of compliance |
| 1. Does water protection cover the water discharges? | 0.67 | 0.17 | 0.1111 |
| 2. Are there specific water quality requirements for different water uses, like drinking or bathing water? | 0.33 | 0.17 | 0.0556 |
| 3. Are there regulations for protection of groundwater against pollution? | 0.33 | 0.17 | 0.0556 |
| 4. Are water quality requirements for the general ecological quality of water reflected in national legislation? | 0.00 | 0.17 | 0.0000 |
| 5. Are water quality standards laid down? | 0.67 | 0.17 | 0.1111 |
| 6. Is a monitoring system set up for water quality control? | 0.67 | 0.17 | 0.1111 |
| Total | 0.44 | ||