Text consolidated by Valsts valodas centrs (State
Language Centre) with amending laws of:
16 December 2010 [shall
come into force on 1 January 2011];
28 November 2013 [shall come into force on 26 December
2013];
12 June 2014 [shall come into force on 3 July
2014];
5 November 2015 [shall come into force on 1 March
2016];
28 November 2019 [shall come into force on 24 December
2019];
31 March 2022 [shall come into force on 3 May 2022].
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.
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The Saeima1 has adopted and
the President has proclaimed the following Law:
Marine Environment Protection and
Management Law
Chapter I
General Provisions
Section 1. Terms Used in This
Law
The following terms are used in this Law:
1) ecosystem approach - comprehensive, scientifically
substantiated and integrated approach to management of human
activity to identify adverse impacts on the marine ecosystem and
take efficient measures for the reduction of such impacts
preserving integrity and sustainability of the ecosystem;
2) marine ecosystem - a dynamic complex of marine
plants, animals and communities of micro-organisms and their
habitat in the sea interacting as a functional unit;
3) marine waters of Latvia, as well as natural marine
resources, the seabed and the subsoil (hereinafter also - the
sea) - waters of the Baltic Sea, natural marine resources,
the seabed and subsoil in the territory which in accordance with
the national and international legislation is under the
jurisdiction of Latvia, namely, internal marine waters,
territorial sea and exclusive economic zone of Latvia;
4) maritime spatial planning - a long-term process for
development planning aimed at protection of marine environment,
rational use of the sea and integrated management, as well as
balancing the social welfare and economic development with the
environmental protection requirements;
5) use of the sea - use of the sea for need of public
persons and private individuals, also in economic activity,
including performing polluting activities which may affect the
marine environmental status;
6) marine environmental status - overall state of the
marine environment which is determined, taking into account the
structure, function of the marine ecosystem and processes
occurring in the sea or outside it, natural physiogeographic,
biological, geological and climatic factors, as well as physical,
acoustic and chemical conditions, including those resulting from
human activities;
7) marine pollution - such direct or indirect pollution
with substances or energy resulting from human activity, also
underwater marine noise caused by a human being, which is
discharged into the marine environment and which has or may have
a harmful impact on living resources and marine ecosystems
resulting in the loss of biological diversity, threats to human
health, interference with the activities of maritime sectors,
including fishing and tourism, recreation and other lawful types
of marine use, as well as in decrease in the quality of the use
and recreational value of marine waters or interference with
sustainable use of the sea;
8) diving - immersion of a natural person into water
with the help of any technical means or other assistive
appliances, which provide the possibility of self-contained
breathing;
9) border of the highest waves of the sea - a specific
line up until which wave impact on seashore topography may occur.
This line shall be considered also the border of the marine
coastal area;
10) buffer strip - a 20-metre strip from the border of
the highest waves of the sea landwards. It is a zone of potential
changes to topography which may be affected between the update
periods of the border of the highest waves of the sea.
[12 June 2014; 5 November 2015; 31 March 2022]
Section 2. Purpose and Scope of
Application of the Law
(1) The purpose of this Law is to ensure the protection and
management of the marine environment of Latvia in order to:
1) attain and preserve good environmental status;
2) facilitate sustainable use of the sea and marine
ecosystem;
3) promote inclusion of the environmental protection
requirements and measures necessary for attainment of good
environmental status in the policy planning documents and laws
and regulations of those fields which affect marine
environment;
4) facilitate achievement of the objectives of marine
environment protection and preservation and sustainable use of
marine resources specified in the international agreements
binding on Latvia.
(2) This Law determines:
1) the continental shelf and exclusive economic zone of
Latvia, as well as sovereign rights and jurisdiction in the
continental shelf and exclusive economic zone thereof, taking
into account the provisions of international agreements;
2) procedures by which Latvia shall co-operate with other
countries in the Baltic Sea region, i.e., in the region the
boundaries of which are determined in Article 1 of the Convention
on the Protection of the Marine Environment of the Baltic Sea
Area (hereinafter - the Helsinki Convention), in the development
and implementation of the marine strategy;
3) procedures by which the marine strategy shall be developed
and implemented by taking into account the ecosystem approach and
general environmental protection principles, as well as the
possible transboundary impact on the environmental status in the
Baltic Sea region;
4) the rights and obligations of the sea users.
(3) This Law shall not be applied to the activities which are
performed in the sea within the framework of the state defence or
state security protection. Such activities shall be performed in
the sea by taking into account the purpose of this Law to the
extent possible.
Section 3. Continental Shelf and the
Exclusive Economic Zone of Latvia
(1) The continental shelf of Latvia (hereinafter - the
continental shelf) is the seabed and the subsoil in submarine
areas which are natural prolongation of the land territory of
Latvia, are located immediately beyond the boundaries of the
territorial sea and extend to the boundaries determined in
Paragraph three of this Section.
(2) The exclusive economic zone of Latvia (hereinafter - the
exclusive economic zone) is the territory of the Baltic Sea which
is located immediately beyond the territorial sea boundaries and
which extends to the boundaries determined in Paragraph three of
this Section.
(3) The boundaries of the continental shelf and of the
exclusive economic zone of Latvia with the Republic of Estonia,
the Republic of Lithuania and the Kingdom of Sweden shall conform
to the international agreements entered into by Latvia with the
Republic of Estonia, the Republic of Lithuania and the Kingdom of
Sweden.
(4) Latvia has sovereign rights to explore the continental
shelf and use the natural resources thereof in accordance with
the requirements of this Law and other laws and regulations. The
natural resources of the continental shelf are the property of
Latvia.
(5) Latvia has the following rights in the exclusive economic
zone:
1) sovereign rights to explore, protect, use and manage the
natural resources of the exclusive economic zone located in the
seabed, in the subsoil and waters thereof, and manage the use of
such resources, as well as to perform other actions necessary for
the exploration and use of the exclusive economic zone, including
to produce wave, tidal and wind energy;
2) exclusive rights to construct and arrange artificial
islands, structures and installations necessary for the
exploration, extraction of natural resources and for other
actions, as well as to supervise construction, arrangement and
use of such artificial islands, structures and installations;
3) exclusive jurisdiction in respect of protection and
preservation of the marine environment, scientific research of
the sea, construction, arrangement and use of artificial islands,
as well as structures and installations;
4) other rights provided for in this Law and the United
Nations Convention on the Law of the Sea of 1982.
(6) The constructed and established artificial islands,
structures and installations, the installed cables, pipelines and
the operation of such, as well as customs, fiscal, health
protection, external and internal security and immigration
provisions on the continental shelf and in the exclusive economic
zone shall be under the jurisdiction of Latvia.
(7) Latvia, in exercising its rights and fulfilling its
obligations in the exclusive economic zone, shall take into
account the rights and obligations of other states provided for
in the United Nations Convention on the Law of the Sea of 1982,
as well as the requirements of other international agreements
binding on Latvia.
(8) Latvia may allow a public person or private individual to
perform activities on the continental shelf or in the exclusive
economic zone in accordance with this Law or special laws which
govern extraction of natural resources and performance of other
activities in the marine waters of Latvia by issuing a permit or
licence appropriate for the relevant type of activity.
Section 3.1 Marine
Coastal Line, Border of the Marine Coastal Area, and Buffer
Strip
(1) If the border of the marine coastal area has become
irrelevant as a result of impact of the sea or other natural
processes between the update periods, it shall be determined as a
buffer strip.
(2) The Cabinet shall issue regulations regarding the
procedures for determining, updating, and approving a marine
coastal line, border of the highest waves of the sea, and buffer
strip and for transferring the data for registration in State
information systems, and also the data updating frequency.
[31 March 2022]
Chapter II
Regional Co-operation
Section 4. General Provisions for
Regional Co-operation
(1) Latvia shall co-operate with European Union Member States
and, if possible, with other states having jurisdiction over the
marine waters of the Baltic Sea region in order to:
1) facilitate coherent and co-ordinated development and
implementation of marine strategy in the entire Baltic Sea
region;
2) co-ordinate assessment methods of the environmental status,
determination of marine environment targets and indicators
related thereto, as well as the marine environment monitoring
programme, thus facilitating the co-ordinated use of monitoring
methods and comparability of the monitoring results in the entire
Baltic Sea region;
3) promote co-ordinated drawing up and introduction of the
Programme of Measures for the Achievement of Good Marine
Environmental Status (hereinafter - the Programme of Measures) in
the Baltic Sea region.
(2) If it is necessary for the achievement of the objectives
determined in this Law, Latvia shall co-operate with the states
in the catchment area of the Baltic Sea region, including
land-locked countries.
Section 5. Co-operation Within the
Framework of International Organisations and Regional
Co-operation Institutions
(1) Regional co-operation shall take place within the
framework of the Baltic Marine Environment Protection Commission
(HELCOM) and other regional co-operation institutions, also with
countries other than European Union Member States.
(2) The Ministry of Environmental Protection and Regional
Development and other competent authorities shall ensure the
participation of Latvia in the co-operation occurring within the
framework of international organisations and regional
co-operation institutions in the field of marine environment
protection and use of the sea and, if the measures provided for
in the European Union or other international development planning
documents may significantly affect the marine environment of
Latvia, including marine protected areas, shall address the
aforementioned organisations and institutions so that the
decisions on measures necessary for the preservation or
restoration of marine ecosystem are taken.
[16 December 2010]
Section 6. Co-operation Outside
International Organisations and Regional Co-operation
Institutions
(1) Regional co-operation, if necessary, shall take place
outside international organisations and regional co-operation
institutions in conformity with intergovernmental co-operation
agreements regarding environmental protection.
(2) In performing a co-ordinated drawing up of marine strategy
and by taking into account the transboundary impact, the Ministry
of Environmental Protection and Regional Development shall
co-operate with the competent authorities of the countries:
1) with which Latvia has a joint sea border;
2) other than European Union Member States including the
states in the catchment area of the Baltic Sea region, including
land-locked countries, in order to assess and prevent
transboundary pollution in compliance with intergovernmental
co-operation agreements regarding environmental protection.
[16 December 2010]
Chapter III
General Provisions for the Development and Implementation of
Marine Strategy
Section 7. Preparation of Marine
Strategy
(1) The marine strategy is a comprehensive aggregate of
systematic measures which is drawn up and implemented in order
to:
1) achieve good environmental status in the Baltic sea region
in accordance with the procedures specified in this Law and other
laws and regulations;
2) protect and preserve the marine environment and prevent
deterioration of the environmental status or, where practicable,
restore marine ecosystem in areas where it has been adversely
affected;
3) prevent or reduce pollution of the sea, to ensure that the
pollution does not significantly affect or endanger marine
biodiversity, marine ecosystem, human health or legitimate use of
the sea.
(2) Marine strategy shall be developed in the following
order:
1) an initial assessment of the environmental status of the
waters shall be performed by including impact assessment of human
activities and transboundary pollution on the marine environment
therein;
2) good environmental status shall be defined;
3) marine environment targets and indicators related thereto
shall be determined;
4) the marine environment monitoring programme shall be
developed;
5) Programme of Measures for the Achievement of Good
Environmental Status shall be developed.
(3) The Marine Environment Council (hereinafter - the Council)
shall be established for the co-ordination of drawing up and
implementation of the marine strategy. Representatives of the
State administration institutions, local governments, as well as
associations and foundations shall be included in the composition
of the Council. The Cabinet shall approve the composition and
by-laws of the Council, the Minister for Environmental Protection
and Regional Development - the personnel.
[16 December 2010]
Section 8. Assessment of the
Environmental Status
(1) Latvian Institute of Aquatic Ecology shall perform initial
assessment of the marine environmental status (hereinafter - the
marine assessment) on the basis of data, information and studies
at the disposal thereof, including studies regarding impact of
climate change on the marine ecosystem. The marine assessment
shall characterise the environmental status and include
socio-economic analysis of the use of the sea, as well as
geospatial information and thematic maps.
(2) In performing marine assessment, the following shall be
taken into account:
1) the requirements of the Water Management Law and other laws
and regulations regarding the coastal, transitional and
territorial waters;
2) the newest scientific conclusions and assessment methods,
assessments and studies which have been included in the
management plans of river basin districts drawn up in accordance
with the Water Management Law, European Union legislation in the
fields of environment, fishery, maritime and other fields related
to protection of marine environment and the use of the sea, as
well as with international agreements, including assessments
drawn up jointly for the Baltic Sea region within the framework
of the Baltic Marine Environment Protection Commission
(HELCOM).
(3) The content and type of the information to be included in
the marine assessment shall be determined by the Cabinet.
(4) The marine assessment shall be approved by the Minister
for Environmental Protection and Regional Development.
(5) The marine assessment shall be reviewed and, if necessary,
updated at least once in a six-year period.
[16 December 2010]
Section 9. Good Environmental
Status
(1) Good environmental status is such a status where
ecological diversity and dynamics, cleanness, healthiness and
productivity of the sea within the conditions intrinsic to the
relevant sea is ensured, and the use of the marine environment is
at the level that is sustainable, thus safeguarding the potential
for uses by current and future generations. The following
features indicate a good environmental status:
1) the structure, functions and processes of the constituent
marine ecosystem, together with the associated physiographic,
geographic, geological and climatic factors, allow such ecosystem
to function fully and to maintain its resilience to human-induced
environmental change. Marine species and habitats are protected,
human-induced decline of biodiversity is prevented and diverse
biological components function in balance;
2) the hydro-morphological, physical and chemical properties
of the marine ecosystem, including those properties which result
from human activities in the sea, ensure the processes referred
to in Clause 1 of this Paragraph, and inputs of substances and
energy (including noise) into the marine environment do not cause
pollution effects.
(2) The qualitative descriptors of good environmental status,
as well as the list of features, pressures and impacts
characterising the environmental status shall be determined by
the Cabinet.
(3) On the basis of the results of the marine assessment
referred to in Section 8 of this Law, the Latvian Institute of
Aquatic Ecology shall draw up and the Minister for Environmental
Protection and Regional Development shall approve the criteria of
good marine environmental status which shall be co-ordinated in
the Marine Environment Protection Commission (HELCOM).
Criteria - distinctive technical features, also those expressed
in figures, that are closely linked to the qualitative
descriptors referred to in Paragraph two of this Section shall be
determined by taking into account:
1) the physical and chemical properties, types of habitats,
biological features and hydro-morphology of the sea;
2) the human-induced pressures or impacts in the Baltic Sea
region.
(4) The Latvian Institute of Aquatic Ecology shall, at least
once in a six-year period, review good environmental status
criteria and, if necessary, prepare recommendations for the
adjustment thereof in compliance with the criteria co-ordinated
in the Baltic Sea region.
(5) Good environmental status shall be attained by 2020.
[16 December 2010]
Section 10. Marine Environment
Targets
(1) The Latvian Institute of Aquatic Ecology shall, on the
basis of the results of the marine assessment, draw up and, by
taking into account provisions of Section 4 of this Law,
co-ordinate in the Baltic Sea region, but the Minister for
Environmental Protection and Regional Development shall approve
the marine environment targets that are qualitative or
quantitative characterisation of the desirable status of the
components, as well as of pressures and impacts on the sea of the
marine ecosystem, and a set of indicators related to these
targets. In determining marine environment targets and indicators
related thereto, the following shall be taken into account:
1) the environmental targets determined for the Baltic Sea
region in accordance with the laws and regulations of the
European Union and international agreements binding on Latvia,
including the Helsinki Convention;
2) the transboundary impacts and transboundary features;
3) the environmental quality objectives determined for coastal
and transitional waters in compliance with the Water Management
Law.
(2) The Latvian Institute of Aquatic Ecology shall draw up the
marine environment targets and indicators related thereto so as
they are comparable with the relevant targets and indicators
determined in the entire Baltic Sea region and so as it would be
possible to assess the progress achieved towards good marine
environmental status.
(3) The Latvian Institute of Aquatic Ecology shall, at least
once in a six-year period, review the marine environment targets
by co-operating with the competent institutions of the Baltic Sea
region countries and, if necessary, prepare recommendations for
updating thereof.
(4) Marine environment targets shall be attained by
implementing the Programme of Measures.
(5) Requirements in respect of development of marine
environment targets and indicators related thereto shall be
determined by the Cabinet.
[16 December 2010]
Section 11. Marine Environment
Monitoring Programme
(1) The Latvian Institute of Aquatic Ecology shall, on the
basis of the marine assessment and in accordance with the marine
environment targets determined in Section 10 of this Law, as well
as by taking into account the indicative list of features,
pressures and impacts characterising the marine environment
status referred to in Section 9, Paragraph two of this Law and
the transboundary impact, draw up and the Minister for
Environmental Protection and Regional Development shall approve
the marine environment monitoring programme. The monitoring
programme shall be developed and implemented in compliance with
the requirements of the Environmental Protection Law.
(2) The marine environment monitoring programme shall be drawn
up in order to ensure the generation, accumulation and analysis
of comprehensive information, as well as to:
1) assess on regular basis the environmental status and the
trends of changes in such status, as well in characteristic
features thereof;
2) in reviewing the marine environment targets referred to in
Section 10 of this Law, determine suitable indicators for
them;
3) determine significant changes and potential changes of the
environmental status, reasons thereof and possible improvement
measures for attaining or restoration of good environmental
status;
4) assess the efficiency of implemented improvement measures
and Programme of Measures, as well as social and economic
impacts;
5) acquire information on the contaminants in fish caught in
industrial fishing regions and used for human consumption.
(3) In developing the marine environment monitoring programme,
the Water Management Law, laws and regulations regarding the
protection of nature and resources thereof, as well as legal
norms of the European Union and international legal norms binding
on Latvia in the field of environmental protection, preservation
of marine natural resources and maritime shall be taken into
account.
(4) The Ministry of Environmental Protection and Regional
Development shall, at least once in a six-year period, review the
marine environment monitoring programme by co-operating with the
competent authorities of the Baltic Sea region countries and, if
necessary, update it.
(5) The implementation of the marine environment monitoring
programme shall be co-ordinated and organised by the Latvian
Institute of Aquatic Ecology in co-operation with the competent
authorities of the relevant sector.
[16 December 2010; 12 June 2014]
Chapter IV
Programme of Measures for Attaining Good Environmental
Status
Section 12. General Provisions for
the Development of the Programme of Measures
The Ministry of Environmental Protection and Regional
Development shall, on the basis of the marine assessment and
marine environment targets, draw up the Programme of Measures in
order to achieve and maintain good marine environmental
status.
[16 December 2010]
Section 13. Requirements for the
Programme of Measures
(1) The Programme of Measures shall include the measures which
will be taken in order to fulfil the requirements of the laws and
regulations of the European Union and Latvia or international
agreements regarding:
1) the reduction of pollution of surface waters caused by
municipal waste water, hazardous and priority substances and
water management;
2) the integrated pollution prevention and control;
3) the reduction of pollution of priority fish waters and
bathing waters and ensuring the quality thereof;
4) the flood risk prevention and management;
5) the protection of water and soil from pollution with
nitrates caused by agricultural activity;
6) the protection of specially protected nature territories,
species and biotopes;
7) the protection and preservation of fish resources;
8) the reduction of the impact of climate changes and
adaptation to climate changes;
9) the reduction of emissions of air polluting substances;
10) the protection of marine environment in the field of
maritime and maritime safety;
11) the prevention of the impact of incidental marine
pollution (also emergencies) and reduction of damage caused to
marine ecosystem as a result of accidents.
(2) In developing the Programme of Measures, the impact of
intended measures on social and economic environment shall be
assessed and in addition to the measures referred to in Paragraph
one of this Section at least the following management measures
related to the use of the sea shall also be included:
1) management measures of the use of the sea, including:
a) the marine spatial planning and other measures in order to
regulate human activity and impact in time and space in a certain
part of the marine ecosystem;
b) the control measures for the fulfilment of the requirements
of this Law and other laws and regulations,
c) the measures which ensure co-ordinated and coherent use of
the sea;
2) measures facilitating economic interest in achievement of
good environmental status;
3) measures necessary in order to study the trends of changes
of marine pollution;
4) risk reduction and marine ecosystem remediation
measures;
5) public participation and awareness measures.
(3) In drawing up the Programme of Measures, the Baltic Sea
Action Plan of the Baltic Marine Environment Protection
Commission (HELCOM), as well as other action plans and programmes
of measures drawn up jointly by the Baltic Sea region countries
shall be taken into account.
(4) The way of implementing the measures and the extent to
which they will promote the achievement of the marine environment
targets laid down in Section 10 of this Law shall be indicated in
the Programme of Measures. The Ministry of Environmental
Protection and Regional Development shall assess the efficiency
of the measures envisaged in the Programme of Measures also by
performing the cost-benefit analysis in order to ensure that the
planned measures are cost-effective and technically feasible.
(5) In order to assess the risk of possible transboundary
pollution and threat and ensure favourable impact of the
Programme of Measures on the Baltic Sea region waters, the
Ministry of Environmental Protection and Regional Development
shall perform the assessment of transboundary impact of those
measures which are intended to be included in the Programme of
Measures.
[16 December 2010; 12 June 2014]
Section 14. Marine Spatial Planning
Measures for Marine Environment Protection
(1) In order to promote sustainable use of the sea, ecosystem
approach shall be applied in the maritime spatial planning
process, the principles of the environmental protection and
territorial development planning shall be observed, as well as
the following shall be taken into account:
1) common principles for marine spatial planning recommended
by the European Commission and developed jointly by the Baltic
Sea region countries;
2) information on the environmental status and trends of
changes thereof, including the marine assessment referred to in
Section 8 of this Law;
3) specially protected nature territories in the coastal area,
marine protected areas, as well as protection zones determined in
compliance with laws and regulations, thus ensuring the
preservation of biodiversity and economic and recreational
capacity of the marine ecosystem in the Baltic Sea region.
(2) Features characteristic to the relevant part of the marine
ecosystem shall be observed in the maritime spatial planning.
Section 15. Approval and
Introduction of the Programme of Measures
(1) The Programme of Measures shall be approved by the Cabinet
and the implementation thereof shall be commenced not later than
a year after approval.
(2) The Programme of Measures shall be introduced by applying
ecosystem approach, using achievements of scientific and
technological developments, as well as adaptive management
methods, in order to take the decisions which most efficiently
would ensure achieving of a good marine environmental status.
(21) If according to the marine assessment the
status of the sea is so critical that urgent action is required
for the improvement thereof, Latvia, in co-operation with other
states of the Baltic Sea region and in conformity with the
regional co-operation provisions referred to in this Law, may
draw up the marine strategy referred to in Section 7, Paragraph
two of this Law by providing for as early commencement of the
Programme of Measures as possible, as well as stricter protection
measures, provided that it does not hinder the achievement or
preservation of good marine environment status outside the Baltic
Sea region.
(3) The Ministry of Environmental Protection and Regional
Development shall, at least once within six years, review the
Programme of Measures and, if necessary, update it.
[16 December 2010; 12 June 2014]
Section 16. Exceptions to be
Indicated in the Programme of Measures
(1) The Programme of Measures shall specify exceptional cases
when even after the implementation of necessary measures the
marine environment targets cannot be achieved or good
environmental status cannot be fully attained within the time
schedule specified in this Law, if at least one of the following
reasons exists:
1) action or inaction for which Latvia is not responsible;
2) nature conditions, including natural disasters, accidents
or circumstances caused by unfavourable climatic phenomena;
3) force majeure;
4) modifications or alterations to the physical
characteristics of marine waters brought about by actions taken
for reasons of overriding public interest which outweigh the
negative impact on the environment, including any transboundary
impact.
(2) It shall be determined in the Programme of Measures, if
the marine environmental status cannot be improved because of
natural conditions of the sea and marine environment targets
cannot be achieved or good marine environmental status cannot be
fully achieved within the time schedule laid down in this
Law.
(3) Temporary measures to be taken in order to prevent further
deterioration of the marine environmental status due to the
circumstances referred to in Paragraph one, Clauses 2, 3 and 4 of
this Section and mitigate the adverse impact thereof on the
marine waters of the Baltic Sea region or of other countries
shall be included in the Programme of Measures. The measures to
be taken in order to ensure that the modifications and
alterations do not preclude or compromise the achievement of good
environmental status of the marine waters of the Baltic Sea
region or of other countries shall be included in the Programme
of Measures in the cases referred to in Paragraph one, Clause 4
of this Section.
(4) The measures, which are not necessary because the marine
environment is not significantly endangered or the costs of which
are unjustifiably high in comparison to threat to the marine
environment, shall not be included in the Programme of Measures,
if the marine environment will not deteriorate in the future.
(5) The Ministry of Environmental Protection and Regional
Development shall characterise in the Programme of Measures
exceptional cases specified therein and submit to the European
Commission a justification for the application of exceptions and
non-taking of the measures referred to in Paragraph four of this
Section.
[16 December 2010; 28 November 2013]
Chapter V
Public Participation and Awareness Thereof regarding the
Development and Implementation of the Marine Strategy
Section 17. Public Participation and
Awareness
(1) The Ministry of Environmental Protection and Regional
Development and the Latvian Institute of Aquatic Ecology shall
ensure the public access to the information related to the
drawing up and implementation of the marine strategy, as well as
public participation in the drawing up and implementation of the
marine strategy, and also the Programme of Measures, in
accordance with the Environmental Protection Law and the laws and
regulations regarding freedom of information and public
participation in the development planning process.
(2) Summaries on the marine assessment, criteria of good
marine environmental status, marine environment targets, as well
as a report on implementation of the marine environment
monitoring and the Programme of Measures after drawing up thereof
shall be published by the Ministry of Environmental Protection
and Regional Development and the Latvian Institute of Aquatic
Ecology on their websites.
(3) The Ministry of Environmental Protection and Regional
Development and the Latvian Institute of Aquatic Ecology shall
facilitate active involvement of the public in the drawing up,
public hearing, reviewing and adjustment of the marine
assessment, criteria of good marine environmental status, marine
environment targets, as well as the marine environment monitoring
programme and the Programme of Measures.
(4) The Ministry of Environmental Protection and Regional
Development and the Latvian Institute of Aquatic Ecology shall
provide the geospatial information included in the marine
assessment and obtained in the course of the implementation of
the marine environment monitoring programme to public persons and
private individuals using the State united geospatial information
portal in accordance with the laws and regulations regarding the
availability of geospatial data sets and metadata thereof.
[16 December 2010]
Section 18. Provision of Information
to other Countries and the European Commission
(1) The Ministry of Environmental Protection and Regional
Development shall, within three months after approval and
publication of the relevant documents, submit to the European
Commission, the Baltic Marine Environment Protection Commission
(HELCOM) and all European Union Member States in the Baltic Sea
region:
1) the marine assessment referred to in Section 8 of this
Law;
2) the criteria of good environmental status referred to in
Section 9 of this Law;
3) the marine environment targets referred to in Section 10 of
this Law;
4) the marine environment monitoring programme referred to in
Section 11 of this Law;
5) the Programme of Measures referred to in Section 12 of this
Law.
(2) The Latvian Institute of Aquatic Ecology shall submit to
the European Environment Agency the information included in the
marine assessment and obtained in the course of implementation of
the marine environment monitoring programme not later than six
months after such information has become available.
(3) The Ministry of Environmental Protection and Regional
Development shall, within three years after publication of the
Programme of Measures, submit to the European Commission an
interim report on the implementation of the Programme of
Measures.
(4) The holders of data necessary for the marine environment
protection shall provide to the European Commission the
geospatial information by taking into account the Commission
Regulation (EU) No 268/2010 of 29 March 2010 implementing
Directive 2007/2/EC of the European Parliament and of the Council
as regards the access to spatial data sets and services of the
Member State by Community institutions and bodies under
harmonised conditions.
(5) The information referred to in this Section which Latvia
has provided to the European Commission shall be freely available
for the public in accordance with Section 17 of this Law.
[16 December 2010]
Chapter VI
Basic Provisions for the Use of the Sea
Section 19. Rights of Public Persons
and Private Persons to Use the Sea
(1) A public person and private person (hereinafter - the user
of the sea) shall use the sea in accordance with the laws and
regulations governing the relevant type of activity and this Law,
taking into account the objectives thereof, environment
protection principles, public interests, as well as maritime
spatial plan.
(2) A permit of the Cabinet or licence shall be necessary for
the following activities in the sea:
1) exploration of natural resources, except subterranean
depths, including for the purpose of scientific research, as well
as exploration of underwater cultural and historical heritage,
ship wrecks and other submerged property in compliance with the
laws and regulations regarding fishery and procedures for use of
Latvian waters;
2) use of subterranean depths in compliance with the laws and
regulations regarding subterranean depths;
3) fishing in compliance with laws and regulations regarding
fishery;
4) construction, establishment of artificial islands,
structures and installations, including platforms and
installations necessary for energy production (hereinafter - the
structures), also exploration related thereto and operation of
structures, except for construction of structures necessary for
operation of ports, establishment and maintenance of navigation
means and systems, in accordance with the requirements of this
Law and of laws and regulations governing construction, and also
in the cases specified in Paragraph 2.1 of this
Section;
5) cleaning and deepening of surface water bodies and port
aquatoria, and placement of soil taken out during the cleaning
and deepening in soil stands in the sea in compliance with the
laws and regulations regarding water management;
6) construction of hydrotechnical structures necessary for the
operation of ports in accordance with the laws and regulations
regarding construction;
7) installation of sea cable lines of electronic
communications networks, cable lines of electronic networks,
submarine power cable lines and submarine pipelines, including
gas, oil and petroleum product pipelines.
(21) The local government which is the legal
possessor of the relevant marine coastal waters shall issue a
permit for the construction of engineering constructions
corresponding to the first or second group and intended for
recreational needs in marine coastal waters in accordance with
the requirements of laws and regulations governing construction,
and also for the construction of such engineering constructions
corresponding to the first or second group in marine coastal
waters which are connected to the land and form the continuation
thereof.
(3) Before the Cabinet issues a permit or licence for use of
the sea, it shall, upon an order in each case, determine a
certain territory of the sea (hereinafter - the permit or licence
area in the sea) for the performance of the activities determined
in Paragraph two, Clause 4 of this Section by taking into account
the conditions of Section 14 of this Law. The right to use a
permit or licence area in the sea shall be acquired by a person
who has won a tender regarding the right to use the permit or
licence are in the sea.
(31) Before the Cabinet issues a permit or licence
for the use of the sea, it shall, upon an order in each case,
determine the permit or licence area in the sea for the
performance of the activities determined in Paragraph two, Clause
7 of this Section, also by taking into account the conditions of
Section 14 of this Law. The responsible ministry shall, on the
basis of a person's application, prepare the abovementioned order
by requiring in advance an opinion on the draft order from the
perspective of the maritime safety from the State limited
liability company Maritime Administration of Latvia.
(32) Prior to the issue of the permit referred to
in Paragraph 2.1 of this Section, the relevant local
government shall request an opinion from the State limited
liability company Maritime Administration of Latvia, and also
opinions of the authorities specified in other laws and
regulations. Following the receipt of opinions, the local
government shall organise a tender for the right to use coastal
waters in accordance with the requirements of laws and
regulations governing leasing of public waters.
(33) The Cabinet may, by an order, authorise the
local government which is the legal possessor of marine coastal
waters to issue a permit for the construction of structures
intended for tourism and recreation which are connected to the
land and for the continuation thereof, and the order shall
include the conditions for the issuance of the permit and
activities in the sea.
(4) The Cabinet shall regulate:
1) the procedures by which a permit or licence area in the sea
referred to in Paragraphs three and 31 of this Section
shall be determined;
2) the procedures by which a tender regarding the right to use
a permit or licence area in the sea shall be organised;
3) the procedures by which a permit or licence for use of
permit or licence area in the sea for the actions referred to in
Paragraph two, Clauses 4 and 7 of this Section shall be issued,
suspended or cancelled;
4) requirements in respect of establishment, construction of
structures in the sea and operation thereof, as well as the
requirements in respect of destruction or disassembly thereof
after complete termination of the activity;
5) the procedures by which a permit or licence for use of
permit area in the sea in the cases referred to in Paragraph
2.1 of this Section shall be issued, suspended or
cancelled.
(5) A user of the sea shall pay an annual State fee in the
State basic budget for the use of a permit or licence area in the
sea for the performance of the activities referred to in
Paragraph two, Clause 4 and Paragraph 2.1 of this Law.
The Cabinet shall determine the procedures for the payment of the
fee and amount thereof, as well as exemptions from the payment of
the fee.
(6) A permit or licence for the use of the specified permit or
licence area in the sea shall be issued for a period of time not
exceeding 30 years.
(7) None of the activities referred to in Paragraph two of
this Section, also exploration, is prohibited in the sea, if a
user of the sea or his or her authorised person performs it
without a permit or licence issued by a competent institution of
Latvia, and such activity shall be immediately interrupted, if
the user of the sea or his or her authorised person fails to
observe the provisions of the permit or licence or does not
notify of changes in the planned activity or exploration
programme.
(8) The State Environmental Service or issuer of a permit or
licence shall, in co-operation with the National Armed Forces and
the State Border Guard, control the use of the sea and marine
environment protection in accordance with the laws and
regulations regarding environmental protection, fishery, maritime
administration and maritime safety, as well as border guard. The
control of construction of the structures referred to in
Paragraph two, Clauses 4 and 6 of this Section shall be performed
in compliance with laws and regulations regarding
construction.
[28 November 2013; 5 November 2015; 31 March 2022]
Section 19.1 Restrictions
and Prohibitions Laid Down for Diving in the Sea
(1) At places where shipwrecks or submerged objects are
located in the sea, which endanger or may endanger the marine
environment or cultural and historical values, restricted areas
for diving (hereinafter - the restricted area) shall be
established. The restricted area shall be established depending
on the character, the potential risk and the need for the
monitoring of the wreck or the submerged object. The restricted
area shall not be larger than one nautical mile from the outer
edge of the wreck or the submerged object. If several shipwrecks
or submerged objects are located closer than one nautical mile
from each other, one restricted area shall be established.
(2) To dive in the restricted area a natural person shall need
a permit from the Coast Guard Service of the Naval Forces
Flotilla of the National Armed Forces (hereinafter - the Coast
Guard). The permit shall be issued for a period of 30 days, and
it shall indicate the specific restricted area, the diving time
and conditions. If for the performance of tasks laid down in the
laws and regulations diving in the restricted area is needed,
public authorities shall not require a permit, but they shall
inform the Coast Guard about the planned diving not later than 10
working days in advance.
(3) At places where shipwrecks or submerged objects which
endanger or may endanger State safety or human health or life are
located in the sea prohibited areas for diving (hereinafter - the
prohibited area) shall be established. The prohibited area shall
not be larger than three nautical miles from the outer edge of
the wreck or the submerged object. If several shipwrecks or
submerged objects are located closer than one nautical mile from
each other, one prohibited area shall be established.
(4) A natural person shall be prohibited from diving in the
prohibited area. If for the performance of tasks laid down in the
laws and regulations diving in the prohibited area is needed,
public authorities shall coordinate the envisaged diving with the
Coast Guard not later than 10 working days in advance.
(5) The supervision and control of the restrictions and
prohibitions established on diving in the sea shall be carried
out by the Coast Guard in co-operation with the State Border
Guard. The Coast Guard and the State Border Guard officials
shall, when supervising and controlling the compliance with the
restrictions on and prohibitions against diving in the sea, have
the right to take a decision on initiating the administrative
offence proceedings as well as to request that the relevant
person immediately stops diving and that the floating craft
leaves the restricted or prohibited area, if they establish an
infringement on the prohibition of or restriction on diving in
the sea.
(6) The Cabinet shall determine:
1) the areas in which diving is restricted and the areas in
which diving is prohibited;
2) the conditions for issuing a diving permit, the procedures
for issuing, refusing to issue and annulling the authorisation
for diving in a restricted area, as well as the procedures for
maintaining the register of the issued diving permits;
3) the provisions for the use of the issued permits for diving
in restricted areas;
4) the amount of the State fee and the payment procedures for
the issuance of a permit for diving in the sea in the restricted
areas.
[5 November 2015; 28 November 2019 / Amendment to Paragraph
five regarding replacement of the words "proceedings for
administrative violation" with the words "administrative offence
proceedings" shall come into force on 1 July 2020. See Paragraph
11 of Transitional Provisions]
Section 20. Obligations and
Responsibilities of a User of the Sea
(1) A user of the sea shall have the following
obligations:
1) not to allow pollution of the sea and activities which may
negatively affect the environmental status;
2) to perform environmental impact assessment for the intended
activity to be performed in the sea in compliance with the laws
and regulations regarding environmental impact assessment;
3) to receive permits and licences provided for in laws and
regulations for activities in the sea;
4) to take measures in order to prevent threats of damage or
damage to the marine environment in compliance with the
Environmental Protection Law;
5) to observe the rights of other users of the sea and of
other states in the Baltic Sea region, as well as the
requirements of the United Nations Convention on the Law of the
Sea of 1982, the Helsinki Convention, other international
agreements binding on Latvia, and other laws and regulations.
(2) In addition to the obligations referred to in Paragraph
one of this Section a foreign ship performing scientific research
works in the territorial sea, continental shelf and the exclusive
economic zone of Latvia (hereinafter - the foreign ship
performing scientific research) has an obligation to receive a
special permit of the State Environmental Service. The Ministry
of Foreign Affairs shall forward the aforementioned permit
through diplomatic channels.
(3) The procedures by which a special permit for the
performance of scientific research works is issued for a ship of
scientific research of a foreign state shall be determined by the
Cabinet.
(4) [28 November 2019].
[28 November 2013; 28 November 2019]
Chapter VII
Administrative Offences in the Fields of Marine Environment
Protection and Use of the Sea, and Competence in Administrative
Offence Proceedings
[28 November 2019 / Chapter
shall come into force on 1 July 2020. See Paragraph 11 of
Transitional Provisions]
Section 21. Violation of
Restrictions and Prohibitions Laid Down for Diving in the Sea
(1) For diving without a permit, a warning or a fine of up to
seventy units of fine shall be imposed.
(2) For diving in the prohibited area, a fine from nine to one
hundred and forty units of fine shall be imposed.
[28 November 2019 / Section shall come into force on 1 July
2020. See Paragraph 11 of Transitional Provisions]
Section 22. Pollution from Ships and
Terminals
For polluting the exclusive economic zone, territorial sea,
internal marine waters, port aquatoria, and river estuaries of
Latvia from ships and terminals with hazardous or other harmful
substances, materials or waste by violating the requirements laid
down in laws and regulations, a fine from twenty-eight to four
hundred units of fine shall be imposed on a natural person but a
fine from two hundred and eighty to two thousand and eight
hundred units of fine shall be imposed on a legal person.
[28 November 2019 / Section shall come into force on 1 July
2020. See Paragraph 11 of Transitional Provisions]
Section 23. Competence in
Administrative Offence Proceedings
(1) The administrative offence proceedings for the offences
referred to in Section 21 of this Law shall be conducted by the
Coast Guard or the State Border Guard.
(2) The administrative offence proceedings for the offences
referred to in Section 22 of this Law shall be conducted by the
State Environmental Service.
[28 November 2019 / Section shall come into force on 1 July
2020. See Paragraph 11 of Transitional Provisions]
Transitional Provisions
1. With the coming into force of this Law, the law On the
Continental Shelf and the Exclusive Economic Zone of the Republic
of Latvia (Latvijas Republikas Augstākās Padomes un Valdības
Ziņotājs, 1993, No. 7; Latvijas Republikas Saeimas un
Ministru Kabineta Ziņotājs, 1998, No. 23), is repealed.
2. The Cabinet shall issue the regulations referred to in
Section 8, Paragraph three, Section 9, Paragraph two and Section
10, Paragraph five of this Law by 30 December 2010.
3. The Cabinet shall issue the regulations referred to in
Section 7, Paragraph three and Section 20, Paragraph three of
this Law by 15 July 2011.
4. The Cabinet shall issue the regulations referred to in
Section 19, Paragraphs four and five of this Law by 31 December
2013.
[28 November 2013]
5. The initial assessment of the marine environmental status
referred to in Section 8, Paragraph one of this Law, the criteria
of good marine environmental status referred to in Section 9,
Paragraph three and the marine environment targets and indicators
related thereto referred to in Section 10, Paragraph one shall be
drawn up and approved not later than by 15 July 2012.
[28 November 2013]
6. The marine environment monitoring programme referred to in
Section 11, Paragraph one of this Law shall be developed and
approved by 30 December 2013. Such a programme shall be commenced
to be implemented to full extent not later than on 1 January
2014.
7. The Programme of Measures referred to in Section 15,
Paragraph one of this Law shall be developed and approved by the
Cabinet not later than by 15 December 2015.
8. Until the day of coming into force of the maritime spatial
plan referred to in Section 19, Paragraph one of this Law, if
other laws and regulations do not provide otherwise, the Cabinet
shall take a decision on permissibility of the activities
referred to in Section 19, Paragraph two, Clause 4 and 7 of this
Law in the relevant permit or licence area in the territorial
sea, continental shelf and the exclusive economic zone of Latvia,
taking into account the provisions of Section 14 of this Law.
[28 November 2013]
9. Permits which have been issued for the performance of the
activities referred to in Section 19, Paragraph two, Clause 4 of
this Law until the day of coming into force of this Law shall be
valid until the end of the term specified in the permit.
10. Section 19, Paragraph five of this Law comes into force
concurrently with the relevant amendments to the law On Taxes and
Fees.
11. The amendment by which the words "proceedings for
administrative violation" in Section 19.1, Paragraph
five of this Law are replaced with the words "administrative
offence proceedings" and Chapter VII of this Law shall come into
force concurrently with the Law on Administrative Liability.
[28 November 2019]
12. The Cabinet shall, by 30 June 2023, issue the regulations
referred to in Section 3.1, Paragraph two of this
Law.
[31 March 2022]
13. The Cabinet shall, by 31 March 2023, issue the regulations
referred to in Section 19, Paragraph four, Clause 5 of this
Law.
[31 March 2022]
Informative Reference to a
Directive of the European Union
This Law includes legal norms arising from Directive
2008/56/EC of the European Parliament and of the Council of 17
June 2008 establishing a framework for community action in the
field of marine environmental policy (Marine Strategy Framework
Directive) (Text with EEA relevance).
This Law shall come into force on the day following the
proclamation thereof.
This Law was adopted by the Saeima on 28 October
2010.
President V. Zatlers
Rīga, 17 November 2010
1 The Parliament of the Republic of
Latvia
Translation © 2022 Valsts valodas centrs (State
Language Centre)