The translation of this document is outdated.
Translation validity: 22.11.2017.–05.12.2017.
Amendments not included:
09.11.2017.
Text consolidated by Valsts valodas centrs (State
Language Centre) with amending laws of:
28 January 2010 [shall come
into force on 3 March 2010];
16 December 2010 [shall
come into force on 1 January 2011];
9 November 2017 [shall come
into force on 6 December 2017].
If a whole or part of a section has been amended, the
date of the amending law appears in square brackets at
the end of the section. If a whole section, paragraph or
clause has been deleted, the date of the deletion appears
in square brackets beside the deleted section, paragraph
or clause.
|
The Saeima 1 has adopted and
the President has proclaimed the following law:
On Participation of the Republic
of Latvia in the Flexibility Mechanisms under the Kyoto
Protocol
Chapter I
General Provisions
Section 1. Terms Used in the Law
The following terms are used in the Law:
1) flexibility mechanisms under the Kyoto Protocol -
the Joint Implementation project laid down in Article 6, the
Clean Development Mechanism laid down in Article 12, and the
International Emissions Trading laid down in Article 17 of the
Kyoto Protocol to the United Nations Framework Convention on
Climate Change (hereinafter - the Convention) (hereinafter - the
Kyoto Protocol);
2) Kyoto units - assigned amount units, emission
reduction units, certified emission reductions, removal units,
long-term certified emission reductions, and temporary certified
emission reductions within the meaning of Article 3(12) of
Commission Regulation (EU) No 389/2013 of 2 May 2013 establishing
a Union Registry pursuant to Directive 2003/87/EC of the European
Parliament and of the Council, Decisions No 280/2004/EC and No
406/2009/EC of the European Parliament and of the Council and
repealing Commission Regulations (EU) No 920/2010 and No
1193/2011;
3) climate change financial instrument - a financial
instrument the funds of which have been acquired by selling the
assigned amount units owned by the State in accordance with the
procedures laid down in Article 17 of the Kyoto Protocol and are
used in accordance with the conditions of this Law.
[9 November 2017]
Section 2. Purpose of the Law
The purpose of the Law is to promote the prevention of climate
change, adaptation to the consequences caused by climate change
and to facilitate the fulfilment of the commitments for the
reduction of greenhouse gas emissions assigned to the Republic of
Latvia in the Kyoto Protocol by using the flexibility mechanisms
under the Kyoto Protocol.
Section 3. Scope of Application of
the Law
The Law prescribes:
1) the basic principles for the participation of the Republic
of Latvia in the flexibility mechanisms under the Kyoto Protocol
and the competence of authorities related to this
participation;
2) the procedures for the planning, use, and administration of
the funds obtained as a result of sale of the State Kyoto
units.
[9 November 2017]
Chapter II
International Trade of Emission Units
Section 4. Ownership of Kyoto
Units
The assigned amount units, emission reduction units, certified
emission reductions, long-term certified emission reductions, and
temporary certified emission reductions which are in the register
of Kyoto units and emission allowances opened in the State
account of the Republic of Latvia, and also removal units shall
be the State property, and the Ministry of Environmental
Protection and Regional Development shall be its lawful
possessor.
[9 November 2017]
Section 5. Participation in the
International Trade of Emission Units
(1) The Republic of Latvia may sell such Kyoto units which are
or will not potentially be used to ensure the fulfilment of the
commitments for the reduction of greenhouse gas emissions of the
Republic of Latvia.
(2) Upon receipt of an offer from another country or upon a
proposal of the Ministry of Environmental Protection and Regional
Development, the Cabinet shall decide on participation in the
international trade of emission units and on actions involving
the Kyoto units owned by the State.
(3) The Ministry of Environmental Protection and Regional
Development shall conduct negotiations in relation to the entry
into a contract on the trade of Kyoto units, including assigned
amount units, and prepare a draft contract. The provisions for
the type, number, and price of Kyoto units and payment procedures
shall be mandatorily included in the draft contract.
(4) The Cabinet shall approve a draft contract on the trade of
Kyoto units.
(5) The Minister for Environmental Protection and Regional
Development shall sign a contract on the trade of Kyoto
units.
[16 December 2010; 9 November 2017]
Section 6. Greenhouse Gas Emission
Unit Register
[9 November 2017]
Chapter III
Climate Change Financial Instrument
Section 7. Planning of the Climate
Change Financial Instrument
(1) Resources which are obtained by selling the Kyoto units
owned by the State shall be transferred to the State budgetary
revenue account opened in the Treasure in conformity with the
classification of State budgetary revenue.
(2) Financing for the implementation of projects related to a
climate change financial instrument shall be provided for in the
State basic budget for the current year according to the amount
of financial resources obtained in the preceding years and not
used for this purpose.
[9 November 2017]
Section 8. Use of Resources Obtained
as a Result of the International Trade of Emission Units
(1) Resources of a climate change financial instrument shall
be used for the financing of such projects in the field of
agriculture, transport, energy, forestry, waste management,
manufacturing and other fields of national economy:
1) which have a significant impact on State greenhouse gas
emission or removal thereof and which promote the reduction or
restriction of emission of greenhouse gases and other polluting
substances by the following measures:
a) increase of energy efficiency;
b) increase of renewable energy resources, especially
biomass;
c) development and use of such environmental technologies
which promote the increase of energy efficiency or the use of
renewable energy resources;
d) development and introduction of a policy for the mitigation
of climate change in order to ensure the fulfilment of
commitments included in the Kyoto Protocol and the conformity of
operation of the Republic of Latvia to the conditions for the use
of flexibility mechanisms under the Kyoto Protocol;
e) educational measures and scientific research which shape
public awareness of climate change;
f) development and introduction of such measures which promote
the adaptation to climate change;
2) which significantly improve the environmental quality,
including the reduction of transnational air pollution, water
pollution and pollution dangerous to human health, increase the
possibilities for carbon capture and storage.
(2) The Treasury shall ensure the making of payments of a
climate change financial instrument according to the Law on
Budget and Financial Management and the Law on the State Budget
for the current year.
(3) The residual resources obtained from the international
trade of emission units shall be used in conformity with the
conditions referred to in Section 32.2 of the law On
Pollution.
[9 November 2017]
Section 9. Principles for the
Management and Implementation of a Climate Change Financial
Instrument
The climate change financial instrument shall be managed and
implemented according to the guidelines of the European Union for
State support and international principles of good practice in
the administration of expenditure of environmental protection,
including:
1) transparency;
2) traceability;
3) efficiency of the environmental protection;
4) economic efficiency;
5) financial precaution.
Section 10. Management and
Implementation of a Climate Change Financial Instrument
(1) The Ministry of Environmental Protection and Regional
Development shall be the executor of the budgetary programme of
the climate change financial instrument and shall perform the
following functions:
1) prepare a financial and working plan of the climate change
financial instrument for the current year;
2) evaluate the project applications and approve projects
which receive financing from the resources of the climate change
financial instrument, and also grant financing for the particular
project;
3) [28 January 2010];
4) prepare and submit payment orders to the Treasury;
5) compile information on the projects which receive financing
from the climate change financial instrument;
6) prepare and submit an informative report, by 1 June of the
current year, to the Cabinet on operation of the climate change
financial instrument in the preceding year, including on the use
of finances and on improvement of the environmental quality which
has been achieved by implementing the respective projects.
(11) Valsts sabiedrība ar ierobežotu atbildību
"Vides investīciju fonds" (State limited liability company
Environmental Investment Fund) (hereinafter - the Environmental
Investment Fund) shall:
1) organise calls for proposals, perform analysis of project
applications, and prepare proposals for the project application
evaluation commission in accordance with the laws and regulations
regarding the evaluation criteria of climate change financial
instruments and projects, and also prepare proposals for the
Ministry of Environmental Protection and Regional Development
regarding approval of projects and granting of financing;
2) supervise the project implementation and the execution of
the contracts on the project implementation;
3) examine the reports submitted by project implementers on
the progress of project implementation and monitoring of project
results and submit the aggregated information to the Ministry of
Environmental Protection and Regional Development.
(12) When carrying out the tasks laid down in this
Law, the Environmental Investment Fund shall be under functional
subordination of the Ministry of Environmental Protection and
Regional Development.
(13) If financing has been granted to the project
from the resources of the climate change financial instrument,
the project implementer shall enter into a trilateral agreement
on the project implementation with the Ministry of Environmental
Protection and Regional Development and the Environmental
Investment Fund.
(2) Expenditures for the implementation of a climate change
financial instrument and for examination of reports shall be
covered from the resources of the climate change financial
instrument.
(3) The Cabinet shall determine:
1) the tender regulations for project applications for the
implementation of a climate change financial instrument,
evaluation criteria and the procedures for the application,
examination, approval, and financing of projects;
2) the procedures for the implementation of projects financed
by the climate change financial instrument, for submission and
examination of reports.
[28 January 2010; 16 December 2010; 9 November
2017]
Section 10.1 Decisions to
Approve or Reject Projects
(1) If a project applicant is a private individual, the
decision of the Ministry of Environmental Protection and Regional
Development to approve or reject a project shall be an
administrative act.
(2) If a project applicant is an institution of direct or
indirect administration, another State institution, or derived
public person, the decision of the Ministry of Environmental
Protection and Regional Development to approve or reject a
project shall be an administrative decision.
(3) The decision of the Ministry of Environmental Protection
and Regional Development to approve or reject a project shall be
taken not later than within four months from the end of the time
period for the submission of project applications.
[16 December 2010]
Section 10.2 Appeal of
Decisions
The decisions referred to in Section 10.1 of this
Law may be appealed to a court if the addressee of the decision
is the person referred to in Section 10.1, Paragraph
one of this Law. The appeal of the decision shall not suspend the
operation thereof.
[16 December 2010]
Section 11. Examination of
Improvements of the Environmental Quality and Use of Finances
within the Framework of a Climate Change Financial Instrument
(1) If a project has received the financing from the resources
of a climate change financial instrument, the project implementer
shall, in accordance with the laws and regulations regarding the
implementation of the climate change financial instrument,
provide reports to the Environmental Investment Fund on the
progress of the project implementation, including on the use of
the allocated financing and the monitoring of project results,
also on the achieved improvement of environmental quality.
(2) Information on the implementation of projects, use of
finances, and achieved improvement of the environmental quality
shall be available to the public.
(3) [28 January 2010]
[28 January 2010]
Section 12. Advisory Council of a
Climate Change Financial Instrument
(1) The objective of operation of the Advisory Council of a
Climate Change Financial Instrument (hereinafter - the Advisory
Council) shall be to promote the transparency of use of the
resources of the climate change financial instrument and the
conformity thereof to the objectives and requirements of this
Law, and also to involve representatives of the public in the
supervision of the management and implementation of the climate
change financial instrument.
(2) In order to improve the efficiency of introduction of a
climate change financial instrument, the Advisory Council shall
examine the financial and working plan thereof for the current
year and submit proposals to the Ministry of Environmental
Protection and Regional Development.
(3) The Advisory Council, upon its own initiative or the
initiative of the Ministry of Environmental Protection and
Regional Development, shall also examine other issues related to
the management or implementation of a climate change financial
instrument.
(4) The Cabinet shall approve the by-law of the Advisory
Council.
(5) The Chairperson of the Advisory Council shall be the
Minister for Environmental Protection and Regional Development or
a representative appointed by the Minister for Environmental
Protection and Regional Development. The following persons shall
be included in the Advisory Council:
1) one representative from the Ministry of Environmental
Protection and Regional Development, the Ministry of Economics,
the Ministry of Agriculture, the Ministry of Transport, and the
Ministry of Education and Science each;
2) two representatives delegated by associations and
foundations which operate in the fields referred to in Section 8,
Paragraph one of this Law, on a rotational basis for one
year;
3) two representatives of such associations or foundations
delegated by the Environmental Advisory Council the objective of
which is environmental protection according to the articles of
association.
(6) Representatives delegated by a party of a contract on the
trade of assigned amount units may also participate in meetings
of the Advisory Council according to the conditions of the
contract.
(7) Members of the Advisory Council shall not receive a
remuneration for participation in the work of the Advisory
Council.
(8) The personnel of the Advisory Council shall be approved by
the Minister for Environmental Protection and Regional
Development. The Ministry of Environmental Protection and
Regional Development shall ensure the work of the Advisory
Council.
[16 December 2010; 9 November 2017]
Chapter IV
Mechanisms under the Kyoto Protocol
Section 13. Implementation of the
Mechanisms under the Kyoto Protocol
(1) The mechanisms under the Kyoto Protocol shall be:
1) the Joint Implementation project - a project of the
mechanism laid down in Article 6 of the Kyoto Protocol which is
carried out by a country included in Annex 1 to the Convention
with the commitments laid down in Annex B to the Kyoto Protocol
in another country included in Annex 1 to the Convention with the
commitments laid down in Annex B to the Kyoto Protocol and as a
result of which emission reduction units may be allocated;
2) the Clean Development Mechanism - a project of the
mechanism laid down in Article 12 of the Kyoto Protocol which is
carried out by the country included in Annex 1 to the Convention
with the commitments laid down in Annex B to the Kyoto Protocol
in a country which is not included in Annex 1 to the Convention
and as a result of which certified emission reductions, long-term
certified emission reductions, and temporary certified emission
reductions may be allocated.
(2) Approval of the mechanisms under the Kyoto Protocol
submitted in foreign countries by legal persons registered in the
Republic of Latvia shall be ensured according to the memorandum
of understanding entered into by the Republic of Latvia and other
countries in respect of the joint implementation of the
mechanisms under the Kyoto Protocol.
[9 November 2017]
Section 14. Competence of the
Cabinet in the Implementation of the Mechanisms under the Kyoto
Protocol
The Cabinet shall determine the procedures by which:
1) projects mechanisms of the Kyoto Protocol shall be
implemented in the Republic of Latvia, including Kyoto units
shall be allocated;
2) a certification for the implementation of the mechanisms
under the Kyoto Protocol outside the territory of Latvia shall be
issued.
[9 November 2017]
Transitional
Provisions
1. The Cabinet shall, by 1 May 2008, issue the regulations
referred to in Section 10, Paragraph three, Section 12, Paragraph
four, and Section 14 of this Law.
2. Section 10, Paragraph one, Clause 6 of this Law shall come
into force on 1 January 2009.
3. Until the coming into force of the Cabinet Regulation
referred to in Section 14 of this Law, but not later than until
31 January 2018, Cabinet Regulation No. 510 of 7 July 2008,
Procedures for the Implementation of the Kyoto Protocol
Mechanisms, shall be applied, insofar as it is not in
contradiction with this Law.
[9 November 2017]
The Law has been adopted by the Saeima on 8 November
2007.
President V. Zatlers
Rīga, 29 November 2007
1 The Parliament of the Republic of
Latvia
Translation © 2022 Valsts valodas centrs (State
Language Centre)