addendum to the position paper of the republic of … · 2018. 8. 11. · water framework directive...

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ADDENDUM TO THE POSITION PAPER OF THE REPUBLIC OF LATVIA

Chapter 22: “Environment”

To provide the Conference with more detailed information on some specific aspects of implementation of the acquis communautaire in the field of Environment, including the acquis adopted during the year 2000, Latvia presents the following addendum to its position paper on Chapter 22: Environment (CONF-LV 60/00). The addendum provides additional information and clarifications upon request expressed in the European Union common position of 21 February 2001 (CONF-LV 8/01). Latvia has changed its position as regards several requests for transitional periods contained in the initial national position. If not stated otherwise in the current addendum, the information provided in the position paper submitted previously should be regarded as valid.

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Content

General information on institutional system and financing ..................................................... 3 General information on integration – sustainable development.............................................. 3 Horizontal Legislation................................................................................................................... 4

Directives 85/337/EEC and 97/11/EC on environmental impact assessment .................. 4 Directive 90/313/EEC on access to environmental information ........................................ 5 Directive 91/692/EEC on standardising and rationalising reports on the implementation of certain Directives relating to the environment ............................................................... 7 Climate change. Decision 93/389/EEC on monitoring and reporting of CO2 and other greenhouse gas emissions as amended by Decision 99/296/EC..................................... 7

Air quality ....................................................................................................................................... 9 Directive 98/70/EC relating to the quality of petrol and diesel fuels and amending Council Directive 93/13/EEC............................................................................................. 9 Directive 94/63/EC on the control of volatile organic compound emissions resulting from the storage of petrol and its distribution from terminals to service stations .................... 10 Directive 2000/69/EC on the limit values for benzene and carbon monoxide in ambient air..................................................................................................................................... 13

Waste management..................................................................................................................... 14 Waste framework Directive 75/442/EEC......................................................................... 14 Directive 91/689/EEC on hazardous waste..................................................................... 15 Directive 75/439/EEC on disposal of waste oils.............................................................. 17 Directive 96/59/EC on PCB/PCT..................................................................................... 18 Directive 91/157/EEC on batteries and accumulators containing certain dangerous substances ...................................................................................................................... 20 Directive 94/62/EC on packaging and packaging waste................................................. 22 Directive 99/31/EC on the landfill of waste...................................................................... 25 Directive 2000/53/EC on end-of-life vehicles .................................................................. 27

Water quality................................................................................................................................ 28 Water Framework directive (2000/60/EC)...................................................................... 28 Urban Waste Water Treatment Directive (91/271/EEC) ................................................ 28 Drinking water directive (98/83/EC) ................................................................................ 31 Bathing Water Directive (76/160/EEC)........................................................................... 37 Directive concerning the protection of waters against pollution caused by nitrates from agricultural sources (91/676/EEC) .................................................................................. 38 Dangerous substances directive (76/464/EEC) .............................................................. 39 Groundwater Directive 80/68/EEC .................................................................................. 42 Fish Waters Directive 78/659/EEC.................................................................................. 43

Nature protection ........................................................................................................................ 44 Birds (79/409/EEC) and Habitats (92/43/EEC) Directives .............................................. 44

Industrial pollution control and risk management................................................................... 45 Directive 96/61/EC on integrated pollution prevention and control ................................. 45 Directive 88/609/EEC on large combustion plants.......................................................... 47 Directive 96/82/EC on control of major accident hazards (Seveso II) ............................ 48 Council Directive 94/67/EC on the incineration of hazardous waste and Directive 2000/76/EC on the incineration of waste ........................................................................ 50 Directive 1999/13/EC on the limitation of emissions of volatile organic compounds due to the use of organic solvents in certain activities and installations .................................... 51

Chemicals and genetically modified organisms...................................................................... 52 Directive 87/217/EEC on prevention and reduction of environmental pollution by asbestos .......................................................................................................................... 52 Directive 98/8/EC on the placing on the market of biocidal products.............................. 53 Regulation 793/93 on existing substances...................................................................... 53 Regulation 2455/92/EEC on export and import............................................................... 54 Directive 86/609 on protection of laboratory animals...................................................... 54 Genetically modified organisms (Directives 90/219 and 90/220).................................... 55 Regulation (EC) 2037/2000 on substances that deplete the ozone layer....................... 56

Nuclear safety and radiation protection ................................................................................... 58 Directive 97/43/Euratom on health protection of individuals against ionising radiation in relation to medical exposure ........................................................................................... 58

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General information on institutional system and financing Latvia has established functioning institutional system for the implementation of environmental acquis, which is described in detail further in the present document. During the time period between the submission of the position paper in chapter Environment considerable progress has been achieved in institutional strengthening – Radiation Safety Centre has been established from July 2001, from the beginning of 2001 State Environmental Impact Assessment Bureau has additional functions as central IPPC institution, State Environmental Inspectorate has been strengthened with additional employees for industrial pollution control. Latvian Government has allocated additional resources in the 2002 State budget proposal for the establishment of Natura 2000 network (265 000 EUR), for the strengthening of state monitoring system (170 000 EUR), as well as for State Environmental Inspectorate (85 000 EUR) and for State Environmental Impact Assessment Bureau (90 000 EUR) for the implementation of the SEVESO directive. The transposition process has been accelerated both in Parliament and Cabinet of Ministers. To improve the adoption of the environmental legislation, the Latvian Parliament has established new subcommittee for environment. Full transposition has been achieved for EIA, IPPC, SEVESO, and new Waste incineration directives. In several other areas (for example biocides) the transposition plans have been accelerated to achieve transposition in the first part of 2002, which will allow to ensure implementation by the end of 2002. Implementation and financing plans for the most investment demanding directives had been prepared and are attached to this addendum paper.

General information on integration – sustainable development

The Environmental Protection Policy Plan (EPPP) for Latvia was approved by the Government in 1995 and embodies the main principles of the Global Environmental Policy and sustainable development approach, accepted by the RIO Summit and later enshrined by the Treaty of Amsterdam. In 2001 the Ministry of Environmental Protection and Regional Development of Latvia started preparation of a new EPPP for Latvia whose concept is based on sustainable development principles and large involvement of private business in environmental protection.

Latvia has participated in the UN Global Conference on Environment and Development/the RIO Conference in 1992 and became the Signatory to the RIO Conventions and Declaration on Sustainable development. Joint actions towards sustainable development and adoption of sectoral strategies are under the direct responsibility of the Government. Environmental concerns are taken into account in the sectoral strategies for energy, industry, transport, agriculture and forestry, tourism and education. The main regional tool for the implementation of the RIO 1992 Declaration on Sustainable Development in the Baltic Sea region is The Baltic Agenda 21 – the Programme towards sustainability, which was adopted in 1996. Latvia is taking active part in this regional instrument for sustainable development in all sectors, and together with Germany is the responsible country for co-ordination of implementation of the Transport Sector Programme for the Baltic Sea Region. Latvia is already participating in preparation of RIO +10 summit and the inter-ministerial reports on achievements towards the sustainable development. As the Baltic Sea is a special and sensitive area with high demands to the environment of the sea, Latvia took an active involvement in evaluation of the HELCOM and The Baltic Agenda 21 activities, as it was planned during revision of HELCOM work. Local Agenda 21 process is active in Latvia, as some of local municipalities are working on their local Agendas 21. Many activities have been carried out in the industrial sector to implement ideas of “cleaner technology”, ISO 9000 and ISO 14000. Latvia has already been co-operating for several years with European Environment Advisory Bodies.

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Horizontal Legislation

Directives 85/337/EEC and 97/11/EC on environmental impact assessment

Latvia has transposed the EU requirements regarding Environmental Impact Assessment (EIA) in 1998. With the Law on Environmental Impact Assessment approved by the Parliament on 14 October 1998 and the Regulations of the Cabinet of Ministers on Procedures for EIA (in force from 15 June 1999), Latvia has established the legal basis for organising and performing the Environmental Impact Assessment procedure.

Amendments to the Law On Environmental Impact Assessment transposing remaining requirements regarding transboundary issues of EIA have been adopted by the Parliament on 30 May 2001. Consequently, the acquis related to EIA is fully transposed.

According to the EIA Law: for those activities subject to EIA (Annex of Latvian EIA law, which corresponds to Annex 1 of the directive) the application prepared by developer is submitted directly to the State EIA Bureau.

For other activities (EIA directive Annex 2) that might have significant impact on the environment the application is submitted to the Regional Environmental Board that undertakes the Initial Assessment (according to selection criteria - EIA directive 97/11 Annex 3)

Latvian EIA Law and Regulation are available at the following Internet site:

http://www.varam.gov.lv/ivnvb/eng/legisl.htm

The State EIA Bureau is acting as the competent authority responsible for performing the duties arising from the EIA legislation (see attached Annex 1 on the process of EIA in Latvia). It was established on 1 January 1999. The provisions for the Bureau were approved by the Cabinet of Ministers on 24 November 1998. In the current situation the administrative capacity of the State EIA Bureau is sufficient, but according to the growing number of projects falling under the provisions of the EIA Law, the capacity is going to be increased in future. Since 1999 when the Bureau was established, the permanent staff has been increased from 13 to 16 qualified experts and it is planned that the number of employees will reach 22 by January 2002.

The State EIA Bureau has, to date, evaluated five Environmental Impact Statements (EIS). 3 of these activities were related to landfills, one to disposal site for polluted harbour mud and the last one to hydroelectric power plant. By 1 April 2001, 16 EIA procedures were started for various activities, comprising landfills (5), roads (2), thermoelectric power plants (2), incineration installation (1), installation for disposal of hazardous waste (1), crossing the river (1), pulp and paper plant (1), hydroelectric power plant (1), high voltage electrical power line (1) and well-field (1).

While evaluating the EIS, the Bureau consults independent experts, inviting them to submit written comments within a specified time (at least one month). In order to address the appropriate independent experts for the given case, the Bureau is using an extensive experts database.

The administrative capacity of the State EIA Bureau staff has been regularly improved by participating in study tours, trainings, seminars and conferences in Latvia and also abroad (e.g. Estonia, Lithuania, Denmark, Italy, Hungary). This international practice resulted in more qualitative work of evaluating the likely consequences of development projects. The improvement of the administrative capacity of the State EIA Bureau is planned to continue on the same regular basis.

The information on the introduction of the EIA process, the Latvian legislation, the State EIA Bureau and EIA applications, including also evaluation reports, is available on the Internet at: http://www.varam.gov.lv/ivnvb/default.htm. The development of EIA guidelines is under way and will be reflected in a handbook to be published by the end of 2001.

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Directive 90/313/EEC on access to environmental information

Provisions of the Directive on freedom of access to environmental information (Directive 90/313/EEC) are almost fully transposed into the national legal system. The remaining disputable question regarding cost of the environmental information will be solved after the adoption of amendments to the Law On Environmental Protection by the end of 2001, taking into account Århus convention and the European Court of Justice Case 217/97.

The Latvian legal system does not allow drawing a new law meant to address issues that are already covered by the existing legislative acts. Hence, the transposition of this Directive cannot be ensured by a single piece of the national legislation, and the correspondence table includes references to several legislative acts (See Annex 2 on Latvian legislation compliance with the provisions of the Directive on freedom of access to information).

Information accessibility in general and the procedure how natural and legal persons can receive information from public authorities are determined by several legal acts. The specific requirements of the directive are mostly covered by the amendments to the Law On Environmental Protection (amended on 20 June 2000) in the newly added Chapter 3.1. "Rights of the Public to Receive Environmental Information and Participate in the Decisions Making on Environmental Protection Matters".

Law On Examination of Applications, Complaints and Recommendations by State and Municipal Institutions provides for rights of any natural and legal person to submit individual and collective applications, complaints and recommendations to public authorities and to receive an answer. Moreover, the law defines the obligation of public authorities to provide answer according to the mandatory procedure. According to the Law, public authorities are obliged to act within defined time frames.

Law On Information Publicity determines public access to information held by public authorities and provides for a unified procedure according to which natural and legal persons are eligible to acquire and use information.

Generally accessible information that does not require special processing is free of charge.

The amended Law on Environmental Protection contains the following provisions related to environmental information:

• Definition of the environmental information;

• Requirements for public authorities to ensure environmental information processing, updating and distribution, nomination of information co-ordinators and persons responsible for the public information on environmental matters;

• Requirements for public authorities to develop easily accessible for the public data bases, registers and Internet Web pages, to prepare and publicise reports on the state of environment, environmental policy plans and programmes, as well as to inform the public on the rights to receive information and to participate in the decision making.

Provision to produce annual reports on the state of environment and make them available for the public is set by the Regulations of the Cabinet of Ministers on Monitoring of the State of Environment. Moreover, provisions covering particular aspects of the environmental information, according to the provisions of the Directive, are set by such legal acts as Law On Environment Impact Assessment, Law On Pollution (adopted by the Parliament on 15 March 2001), Law On Specially Protected Nature Territories, Law On Chemical Substances and Chemical Products, Law On Radiation Protection and Nuclear Safety and some other legal acts.

Restrictions on access to environmental information

There are several provisions regulating refusal to provide information:

Law On Information Publicity determines public access to information held by public authorities. According to this law all information is accessible, except cases stated in legislation. Information is classified in two categories: generally accessible information and information with limited access. In case of requesting information with restricted access, the applicant has to prove the need and purpose for particular information. Law On Information Publicity (Art. 5) states that information with limited access is information intended for a restricted group of persons in relation to the performance of their work or official

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duties and the disclosure or loss of which, due to the nature and content of such information, hinders or may hinder the activities of the institution, or causes or may cause harm to the lawful interests of persons. Art. 5 states that as restricted access information shall be deemed information:

1) which has been granted such status by law; 2) which is intended and specified for internal use by an institution; 3) which concerns trade secrets; 4) which concerns the private life of natural persons; or 5) which is related to certifications, examinations, submitted projects, invitations to tender and other assessment processes of a similar nature.

Information to which status of restricted access is determined by other legal acts is following:

• Law On State Secret defines which information can be determined as a state secret, nevertheless Art. 5 of this Law states that information on emergency situations and their consequences as well as on state of environment shall not be interpreted as a state secret.

• Law on Specially Protected Nature Territories (Art. 10) states that information on protected species placed in these territories could be issued only with permit of responsible authority.

• Law On Environmental Protection (Art. 17.1.) contains provision that information on objects, species or biotopes whose disclosure could cause harm to the environment could be determined as information with limited access.

• Personal Data Protection Law (Art. 1., 3., 7) states limitation for disclosure of information containing personal data on natural persons.

Additionally, Law On Information Publicity (Art. 11) determines several cases when request for information can be refused:

• if request for information is anonymous, formulated in too general manner, requested information is not in the competence of the given public authority or it is publicly available somewhere else;

• in case of request for information with limited access - information claimant has not defined purpose for the use of the relevant information.

Justification for refusals to provide information

The Law On Examination of Applications, Complaints and Recommendations by State and Municipal Institutions (Art. 9) determines that answers to request (also in the case of refusal) shall be motivated and applicant should be provided with information on his/her rights for appealing procedure and legal standing in courts. Law On Information Publicity (Art. 12) states that if authority refuses the requested written information, it has to indicate in written form on what basis the request is fully or partly refused, where and within what time it is possible to appeal this particular decision. If refusal is made due to the reason that requested information is not within the competence of the particular authority, it has to be mentioned in the refusal where it is possible to obtain the necessary information, if such particular information is available.

Procedures and terms for issuing information

Law On Information Publicity (Art. 10) states that generally accessible information shall be issued to everybody who has asked for information according to the provisions of this Law. Applicant does not need to prove his/her interest in receiving the particular information. In case of request for information with limited access, applicant has to prove in written form his/her interest and provide information how certain information will be used. Relevant public authority has to consider the request for information and decide either there is sufficient base for information request and then to provide the requested information or refuse request. If it is impossible to provide information with

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limited access, the information with limited access has to be separated from generally available information and this part of information provided to the applicant. According to the Law On Examination of Applications, Complaints and Recommendations by State and Municipal Institutions, public authorities are obliged to act within the following time frames:

• if the requested information is not in the competence of the given public authority, to forward information request to the relevant institution and notify the applicant on that within 7 days; • if there is no need for additional information verification or processing, to provide the requested information to the applicant within 15 days; • if there is need for additional information verification, processing or additional information, to provide the requested information to the claimant within 30 days and notify on reasons of the delay.

Review procedure in case of refusal of information

Law On Information Publicity (Art. 15) provides for appeal procedure in case of refusal of information. In this case, the applicant has the right to appeal to the executive person of particular public authority or to a higher public authority. Any natural or legal person in case of refusal of information or inadequate response has the right to appeal the given decision to the court. The person’s rights for appeal, procedure and access to legal system are provided in the Civil Procedural Law and the Civil Procedure Code (Art. 239). Law On Examination of Applications, Complaints and Recommendations by State and Municipal Institutions (Art. 17) also determines the right of natural and legal persons to apply to judicial institutions and legal standing in courts in case of a refusal. Revocation or suspension of decisions when rights or interests of inhabitants or public organisations have not been respected

The procedure of appeal regarding permitting activities is prescribed by the Law On Pollution Chapter 9 – Appeals (see the relevant articles in Annex 2).

Directive 91/692/EEC on standardising and rationalising reports on the implementation of certain Directives relating to the environment

Latvia confirms that it will provide available data for the respective periods prior to accession to EU on a voluntary basis and that all reporting requirements will be fulfilled for the period starting from accession. According to the Agreement between European Community and the Republic of Latvia concerning the participation of the Republic of Latvia to the European Environment Agency and European Information and Observation Network ratified by both parties on 3 May and 18 June this year, Latvia will provide all available environmental data to the Agency and European Commission. Since 1996 Latvia provides available data to the Agency on voluntary basis.

Climate change. Decision 93/389/EEC on monitoring and reporting of CO2 and other greenhouse gas emissions as amended by Decision 99/296/EC

Latvia ratified the UN Framework Convention on Climate Change in 1995 and signed Kyoto Protocol in 1998.

The Ministry of Environmental Protection and Regional Development coordinates the implementation of Decision 93/389/EEC, amended by Decision 99/296/EC: by ensuring regular monitoring and reporting data on annual national inventories on greenhouse gas emissions (GHG) and sinks, national communication, as well as annual reports on Activities Implemented Jointly under Pilot Phase, following the decisions adopted during the sessions of the Conference of Parties and Decision 93/389/EEC and 99/296/EC. Latvia accepted 1990 as the base year for national inventories on greenhouse gas anthropogenic emissions for carbon dioxide (CO2), methane (CH4) and nitrous oxide (N2O) and sinks, and 1995 as the base year for anthropogenic emissions of hydrofluorocarbons (HFCs), perfluorocarbons (PFCs) and sulphur hexafluoride (SF6).

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None of fluorinated gases (HFCs, PCFs and SF6) is produced and used for metal production and foam blowing, as well as exploited as fire extinguishers and solvents in Latvia. Emissions of HFCs, PCFs and SF6 in Latvia are mostly related to consumption of various imported equipment and products, such as refrigeration and air conditioning equipment, electrical equipment and sport shoes.

The Latvian experts are working intensively to gather the data available for imported products containing fluorinated gases. Latvian Customs Service reported the list of refrigeration appliances and air conditioning devices imported during last 5 years. Unfortunately the imported equipment is not labelled, and information about content of fluorinated gases is lacking. The main energy producing company of Latvia “Latvenergo” has promised to collect information on quantities of SF6 stocked in gas insulated switchgears, circuit breakers etc. by end of 2001. The company currently does not have complete data because imported switchgears are not labelled.

Latvian Environment Agency is responsible for calculations of national inventory data on emissions by sources and removals by sinks on an annual basis. Calculations for anthropogenic emissions of carbon dioxide, methane and nitrous oxide are carried out since 1990 and calculations of anthropogenic emissions of carbon dioxide, methane and nitrous oxide, hydrofluorocarbons, perfluorocarbons and sulphur hexafluoride from the year 1995. For calculations of emissions Latvian Environment Agency used the guidelines for national greenhouse gas inventories (top-down approach, Tier 1), best practice guidance and common reporting format (for the years 1998 and 1999). Calculations have been updated on regular basis using improved emission factors and corrections made by inventory experts of in-depth review teams and UNFCCC secretariat (See Annex 3 Table 1. Emission Trends for 1990-1999). The experts of the Latvian Environment Agency used activity data received from the Central Statistical Bureau of Latvia for calculations of emissions of direct and indirect GHG (carbon monoxide (CO), nitrogen oxides (NOx), non methane volatile organic compounds (NMVOCs) and sulphur oxides). GHG emissions projections for the year 2020 were elaborated in 1997 for the Second National Communication of the Republic of Latvia under UNFCCC. During 2001 the projections will be updated and recalculated according to the requirements for the Third National Communication, which will be prepared by the end of September 2001 and adopted by Cabinet of Ministers by the end of the year 2001. Information will be reported also to the European Commission. Projections were developed by the experts of the Ministry of Economy, the Latvian University, Energy Department of the Latvian Development Agency, Latvian Environment Agency and State Forest Service. Specific Macroeconomic Reference Scenario was worked out for 2010 and 2020. Scenario includes all the transformations that are expected to take place over time as a result of normal economic development. The forecast was based on the data of the Central Statistical Bureau of Latvia published till the end of 1996 (See Annex 3 Table 2. Projections - Aggregated GHG Emissions). MARKAL model - bottom-up dynamic optimisation model was used for projections of anthropogenic GHG emissions from Energy sector. The data on economic activities in the Industry, Agriculture and Waste sectors necessary to calculate GHG emissions were obtained from the Long-term Economic Development Forecast till 2020 elaborated by experts of the Ministry of Economy. The Forestry sector projections were developed using the methodology developed by experts from State Forest Service.

Currently the Latvian climate policy is described in the Climate Change Mitigation Policy Plan for Latvia (1998), which is combination of environmental protection policy and of strategic development plans for various economy sectors, i.e., energy, industry, transport, agriculture, forestry, etc. Requirements of Kyoto Protocol are included in the Climate Change Mitigation Policy Plan. Elaboration of the National Programme for Policies and Measures (National Climate Change Programme) is envisaged in 2002.

Regarding monitoring of greenhouse gas emissions the projected National Programme will mainly include:

1. Development of a national system for the estimation of anthropogenic emissions by sources and removals by sinks of all greenhouse gases:

- Inventories of anthropogenic emissions by sources and removals by sinks of greenhouse gases:

• Measures for improvement of data reporting from companies and institutions, data gathering and processing; • Strengthening of capacity and professional skills of the personnel;

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• Periodical updating and annual reporting of the national inventories of anthropogenic emissions by sources and removals by sinks of all greenhouse gases; • Strengthening of data reporting on annual emissions of indirect gases: carbon monoxide (CO), nitrogen oxides (NOx), non methane volatile organic compounds (NMVOCs) and sulphur oxides;

- Implementation of Quality Assurance/Quality Control system. 2. Establishment of system for regular projecting of CO2 anthropogenic emissions by sources and removals by sinks, other greenhouse gases and indirect gases:

• Estimation of the effect of implemented and planned policies and measures on emission reduction and removals and inclusion in projections for greenhouse gases;

• Estimation of the effect of implemented and planned policies and measures on emissions of carbon monoxide, nitrogen oxides, non-methane volatile organic compounds and sulphur oxides incorporation in the forecasts.

3. Regular assessment of the extent of progress towards the implementation of the commitments under the UN Framework Convention on Climate Change and Kyoto Protocol, using the monitoring mechanism of the actual and projected emissions. 4. Assessment of climate change impacts and adaptations using technical guidelines for assessing climate change impacts and adaptations adopted by the Intergovernmental Panel on Climate Change.

In order to elaborate Latvia’s participation in Joint Implementation (JI) project realization the Background analytical study for JI policy and action plan in Latvia is under preparation. It mainly focuses on sectoral potential analysis as well as on elaboration of institutional and legal framework. It will provide basis for political decision-making regarding further participation in JI projects implementation in Latvia. Decision making process is very much influenced by the development of international rules and requirements for JI projects implementation. The analytical material also includes evaluation of existing institutional framework and draws attention to the need for additional capacity, which will be needed for Latvia entering into JI projects phase.

Latvia has signed a contract with the Prototype Carbon Fund for GHG reduction component in the Liepaja region solid waste management project. The project foresees capture of methane and generation of electricity. Entering into this contract foresees not only establishment of monitoring and reporting system on project bases, but will also facilitate further development of the system at the national level.

Air quality

Directive 98/70/EC relating to the quality of petrol and diesel fuels and amending Council Directive 93/13/EEC

The conformity of the quality of petrol and diesel fuel is ensured by the Regulations of the Cabinet of Ministers On Environment Standard of Fuel Quality, which were adopted on 7 July 1998 and are transposing the requirements of the EU directive 85/210/EEC on the approximation of the laws of the Member States concerning the lead content of petrol, amended by directive 87/416/EEC, and Council Directive 93/12/EEC relating to the sulphur content in certain liquid fuels. The Latvian Regulations define the allowed amount of benzene, lead and sulphur in petrol.

The Regulations of the Cabinet of Ministers On Conformity Assessment of Petrol and Diesel Fuel, adopted on 26 September 2000, will come in force from 1 January 2002. To achieve full compliance with the EU requirements, amendments to these Regulations (currently under elaboration) will enter into force from 1 January 2003. The regulations implement the requirements of directive 98/70/EC of 13 October 1998 relating to the quality of petrol and diesel fuels, amended by directive 93/12/EEC. The regulations set out requirements for such indicators as lead content, distillation and density indicators and content of benzene and determine amount of hydrocarbon and oxygen containing compounds in fuel.

According to the Regulations of the Cabinet of Ministers, adopted on 7 July 1998, two institutions have been authorised to control the quality of petrol: Joint stock Company “IBNA” (The Cabinet of

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Ministers order Nr. 608 adopted on 16 December 1998 on joint stock “IBNA” authorisation to assess the conformity of petrol) and Latvian Certification Centre LATSERT (The Cabinet of Ministers order Nr.437 adopted at 9 September 1998 On institutions authorisation to assess conformity of petrol).

With regard to the possible impact of the transitional period requested by Latvia onto the internal market, the Latvian government has reconsidered its position on this issue and committed itself to provide the necessary steps in order to achieve full compliance upon accession. Cost assessment of the implementation of the directive has been carried out. Full implementation of directive will raise the fuel costs by 5 - 6% for diesel and 3 - 5% for petrol.

The public sector costs are related mainly to fuel quality control sector. Necessary investment costs regarding laboratory equipment are calculated at maximum 678 000 EUR. Additionally to that annual costs (personnel and maintenance costs) are 93 000 EUR. The necessary funding will be included in the national budget by 1 January 2003.

Latvia is changing its position on directive 98/70/EC relating to the quality of petrol and diesel fuels and withdraws the previously requested transitional period. Latvia will fully implement the EU requirements on the quality of petrol upon accession

Directive 94/63/EC on the control of volatile organic compound emissions resulting from the storage of petrol and its distribution from terminals to service stations

The timeframe for gradual achievement of full compliance with Directive requirements is set in the Regulations of the Cabinet of Ministers On Environment Protection Requirements for Petrol Service Stations, Oil Terminals and Mobile Containers, adopted on 3 August 1999. Adoption of these Regulations was the result of a consensus reached during negotiations with the oil companies. These negotiations were held in 1997-1998 when preparing transposition of the Directive 94/63/EC. The consensus was based on the fact that smaller oil terminals and petrol stations are basically owned by small local companies with poorly developed infrastructure and weak investment capacities, needing more time to introduce the requirements of the acquis.

Till the end of 2001 Latvia will adopt amendments to the Cabinet of Ministers Regulations On Environment Protection Requirements for Petrol Service Stations, Oil Terminals and Mobile Containers to ensure full transposition of the directive 94/63/EC on the control of volatile organic compound (VOC) emissions resulting from the storage of petrol and its distribution from terminals to service stations.

According to the revised regulations, the new installations will be required to achieve the compliance with the requirements of the directive upon accession.

Terminals, which carry out transit operations and at the same time distribute petrol for local market, are required to be in compliance with the directive 94/63/EC. The proposed amendments to the Cabinet of Ministers Regulations mentioned above will clearly define that the possible exemptions from the requirements of the directive refer to the terminals that operate exclusively with transit.

The following time schedules will be specified:

1. Oil terminals shall implement the requirements of the directive:

1.1.For storage facilities of terminals: 1.1.1. by 31 December 2002 (the requirement of the directive - 31 December 1998) for all oil terminals with a throughput greater than 50,000 tonnes/year; 1.1.2. by 31 December 2003 (the requirement of the directive - 31 December 2001) for all oil terminals with a throughput greater than 25,000 tonnes/year; 1.1.3. by 31 December 2008 (the requirement of the directive - 31 December 2004) for all oil terminals with a throughput of less than 25,000 tonnes/year. 1.2. For loading facilities at terminals: 1.2.1. by 31 December 2002 (the requirement of the directive - 31 December 1998) for all oil terminals for loading onto road tankers, rail tankers and/or vessels if the throughput is greater than 150 000 tonnes/year.

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1.2.2. by 31 December 2003 (the requirement of the directive - 31 December 2001) for all oil terminals for loading onto road tankers, rail tankers and/or vessels if the throughput is greater than 25 000 tonnes/year. 1.2.3. by 31 December 2008 (the requirement of the directive - 31 December 2004) for all other oil terminals for loading onto road tankers, rail tankers and/or vessels. 2. For petrol service stations the requirements of the directive will be implemented in accordance with the following time schedule: 2.1. by 31 December 2002 (the requirement of the directive - 31 December 1998) all service stations with a throughput greater than 2,000 m3/year; 2.2. by 31 December 2004 (the requirement of the directive - 31 December 1998) all service stations with a throughput greater than 1,000 m3/year; 2.3. by 31 December 2008 (the requirement of the directive - 31 December 2001) all service stations with a throughput greater than 500 m3; 2.4. by 31. December 2008 (the requirement of the directive - 31 December 2004) all other service stations. Terminals

Detailed inventory of every terminal according to the annual throughput of petrol is compiled in Annex 4. The annex includes information on the location of each terminal (if rural), state of compliance and estimated costs for compliance with the provisions of directive 94/63/EC. As terminals belong to the private sector, financial sources will be private.

The total annual throughput of terminals with throughput less than 25 000 tonnes of petrol per year (i.e., terminals for which the transition period is requested) is 225 000 tonnes of petrol. It is approximately 15% from the total throughput of Latvia's terminals.

The oil terminals not meeting the requirements of the directive 94/63/EC are those, which have not been renovated in previous 10 years. Oil terminals with annual throughput loaded at a terminal less than 25 000 tonnes/year basically are located in rural settlements where the local incomes often mostly depend from the operation of these terminals. The owners of these terminals are small companies with rather poor infrastructure and weak investment capacity, currently unable to afford technologies requested by the directive 94/63/EC within shorter periods. Petrol service stations

Information on the level of compliance of service stations as well as requested transitional periods are included in Annex 4 Table 2.

The additional division for service stations with throughput greater than 2000 m³ was introduced into Latvian regulations in order to differentiate and to ensure earlier compliance of the largest service stations within the group of the service stations with throughput greater then 1000 m³.

The timetable for gradual achievement of full compliance with the above-mentioned deadlines for service stations with a throughput less than 2000 m³ per annum was carefully elaborated as a consensus between the Government and the oil companies during the negotiations on transposition of the Directive 94/63/EC in 1997 - 1998.

There are two major arguments justifying the adopted timetable:

1. Impact on the small and medium sized businesses, particularly, in the rural area and the least developed regions.

Most of the service stations with the throughput less than 2000 m3 are owned by the small and medium sized enterprises with weak investment capacities and are located in the least developed regions of Latvia. The low financial turnover combined with the high credit rates in Latvian banking institutions provides these enterprises with limited investment means to introduce the requirements of the acquis. Since the small and medium sized enterprises contribute to the local employment and municipal revenues in the rural and least developed areas in Latvia, the gradual introduction of the environmental norms shall be regarded as an integral part of the State support policy to these enterprises and regions.

2. General impact on the national economy and loss of competitiveness with regards to the peer economies.

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While considering the realistic timetable for the introduction of the EU acquis, the cumulative impact of various EU legal norms on the national economy was taken into account. In particular, price increase for petrol and diesel fuel was calculated.

• Latvia already harmonised its excise tax rates with the minimum rates set by the EU Directives, thus achieving the highest fuel price among the Baltic States.

• The petrol and diesel fuel distributed by oil companies should comply with the Directive 98/70/EC relating to the quality of petrol and diesel fuels as amended by the Directive 93/12/EEC by accession and it will rise the prices of petrol by 3 - 5%.

• Fulfilment of the requirements of the EU Directive on the building-up of 90-days emergency stocks for oil and oil products will further contribute to the rise of prices.

If carried out simultaneously, the implementation of the said EU Directives would cause sharp increase in the fuel price and consequently, in the short term would affect the competitiveness of the national economy that is considerably dependent on the revenues from the transit operations including the road haulage to the third countries. Moreover, since Latvia’s countryside is sparsely populated, the road transport is the main element of infrastructure contributing to the social development that would be particularly affected by the rise of fuel prices and reduction of the network of the service stations.

The aforementioned indicates that it is not economically, socially and even politically feasible to reach new consensus on tightening timetables for the petrol stations.

In cases where the service station is located in a geographical area or on a site where vapour emissions are unlikely to contribute significantly to environmental or health problems, Latvia may use derogation from the requirements of paragraph 1 of Article 6 according to the Article 6 (4) of the directive 94/63/EC. Latvia will inform the European Commission on the granted derogations according to the provisions of the Article 9 of the Directive. Latvia confirms that derogation will only be used in exceptional cases, but not as a general rule.

Air quality conditions in respect to ozone concentrations in Latvia are not high taking into account following results: In Rucava, where the ozone concentrations are measured in rural area vegetation protection threshold for 24 hours (65 mg/m3) has been exceeded 55 times in 1999. In this monitoring station vegetation protection threshold for 1 hour (200 mg/m3) and health protection threshold (110 mg/m3) has never been exceeded.

Information on mobile containers

In order to ensure the legal basis for control of the compliance of the operating mobile containers, amendments to the Regulations of the Cabinet of Ministers On Environment Protection Requirements for Petrol Service Stations, Oil Terminals and Mobile Containers will be adopted by the end of 2001.

According to the recently accomplished survey of companies transporting petrol carried out in July 2001 there are approximately 95 road tankers used in Latvia from which 20 - 25% are road tankers constructed for the bottom loading of petrol and 75 - 80% are road tankers constructed for top loading of petrol into road tanker. No new road tankers, non-compliant with the requirements of the directive, will be registered in Latvia after 1 January 2003. As to the existing non-compliant road tankers, it is assumed that most of these vehicles will be naturally replaced with new tankers upon accession. Existing non-compliant road tankers will be used only for the distribution of petrol from terminals to petrol stations non-compliant with the requirements of the directive. So maximal period for the use of non-compliant road tankers is till 31 December 2008.

The Road Safety Directorate controls the registration of road tankers (registration is required for new vehicles and then at least once a year). State Environmental Inspectorate will control the provision that the existing non-compliant road tankers will be used only for the distribution of petrol from terminals to petrol stations non-compliant with the requirements of the directive

There are 1189 rail tankers in the rolling stock in Latvia, used for transport of petrol having a Reid vapour pressure of 27.6 kilopascals or more, which mostly fall outside the scope of the directive. These rail tankers are almost exclusively operated for transit of petrol from Russian Federation, Byelorussia and other Eastern European Countries via Latvia's ports to other countries. Rail tankers are owned by the Latvian State Joint Stock Company “Latvian Railway”. “Latvian Railway” plans to modernise tank wagons of the rolling stock by purchasing at least 50 new tank wagons

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annually. As it is estimated that only approximately 45 rail tankers are used for distribution of petrol within the country and concerned by the requirements of the directive, Latvia will have no difficulties to ensure compliance of rail tankers with the requirements of the directive as from the date of accession. From the day of accession Latvia will ensure that rail tankers will be designed and operated so as to accept and retain return vapours from the storage installations at the service stations or terminals if they supply petrol to service stations or to terminals where intermediate storage of vapours is used.

Technical Inspection of Railway and Regional Environmental Boards are the institutions, which supervise the compliance of the rail tankers with the provisions of directive.

Currently Latvia uses no vessels for distribution of petrol that fall under the scope of the Directive. However, legal requirements of the Latvian legislation apply also to vessels.

Taking into account the information presented above Latvia specifies its request for the transition periods. 1. Oil terminals shall implement the requirements of the directive: 1.1.For storage facilities of terminals: 1.1.1. by 31 December 2003 all oil terminals with a throughput greater than 25,000 tonnes/year; 1.1.2. by 31 December 2008 all oil terminals with a throughput of less than 25,000 tonnes/year. 1.2. For loading facilities at terminals: 1.2.1. by 31 December 2003 all oil terminals for loading onto road tankers, rail tankers and/or vessels if the throughput is greater than 25 000 tonnes/year. 1.2.2. by 31 December 2008 for all other oil terminals for loading onto road tankers, rail tankers and/or vessels. 2. For petrol service stations: 2.1. by 31 December 2004 all service stations with a throughput greater than 1,000 m3/year; 2.2. by 31 December 2008 all service stations with a throughput greater than 500 m3. 2.3. by 31 December 2008 all other service stations. 3. For mobile containers - by 31 December 2008 for existing non-compliant road tankers which will be used only for the distribution of petrol from terminals to petrol stations non-compliant with the requirements of the directive. Directive 2000/69/EC on the limit values for benzene and carbon monoxide in ambient air

The requirements of the directive 2000/69/EC will be transposed by the end of 2002 with the amendments to the Regulations of the Cabinet of Ministers On Air Quality.

Implementation of the directive 2000/69/EC on the limit values for benzene and carbon monoxide in ambient air will cause no serious difficulty. Benzene monitoring is already being carried out in all 14 air quality-monitoring stations. Carbon monoxide monitoring is also being carried out in 4 air quality-monitoring stations.

The requirements will be implemented according to the timetable determined in the Directive; therefore Latvia has no request regarding Directive 2000/69/EC on the limit values for benzene and carbon monoxide in ambient air.

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Waste management

Waste framework Directive 75/442/EEC

In December 2000, the Latvian Parliament adopted a new Waste Management Law (in force from 1 March 2001), which transposes the basic requirements of EU directives 75/442/EEC on waste and 91/689/EEC on hazardous waste into the Latvian legislation. The law is available on the Internet homepage of the Ministry of Environmental Protection and Regional Development (MEPRD): http://www.varam.gov.lv/varam/likumd/vad_lik/evad_lik.htm.

Regarding current transposition status Latvia submits revised Table of Concordance from the Progress Monitoring project according to the situation 17.07.2001 (see annex 5).

Waste classification has been adopted in compliance with the new EU Decisions on waste classification.

Based on the new law, Waste Management Plan will be elaborated by the MEPRD and accepted by the Cabinet of Ministers till middle of year 2002. It will be fully in line with the provisions of the directive, taking into account all the existing strategies and programmes. The permitting system will be improved and the main improvements of waste management system will include issuing permits for waste collection, storage and transfer. From 1 January 2003 the Latvian system of waste statistics will be in full compliance with the EU requirements.

Current situation regarding hazardous waste statistics is included in table 1.

Table 1

Type of waste Produced in 1999 (t)

Non-hazardous waste 650 000*

Hazardous waste 93 112

*-estimation

Administrative capacity in waste management is described in table 2

Table 2

Institution (title) Roles and Responsibilities in terms of waste management issues

Number of employees, responsible for waste management issues (percent from total)

MEPRD

Responsible for policy-making; prepares draft legislation; supervises activities at subordinate levels of the environmental administration.

4 persons (4%)

State Environmental Inspection: Hazardous Waste and Chemical Substances Control Section; Land Use Control Section

Carries out and partly supervises the enforcement work carried out mainly by the REBs.

7 persons (11%)

Latvian Environment Agency Compiles and processes data regarding the production and disposal of waste.

2 persons (3%)

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Institution (title) Roles and Responsibilities in terms of waste management issues

Number of employees, responsible for waste management issues (percent from total)

Regional Environmental Boards

Cradle-to-grave monitoring of hazardous substances; responsible for waste management and data collection.

16 persons (5%)

Hazardous Waste Management Project Implementation Unit

Responsible for HW strategic and investment plans.

2 persons

State Enterprise “Vides projekti”

Project implementation agency for waste management projects.

6 persons

Environmental Impact Assessment State Bureau

Preparation of programmes for environmental impact assessment of waste management projects.

3 persons (25%)

Since 1993 staff members with higher education of environmental protection institutions are trained at Institute of Environmental Science and Management Studies. They graduate from this institute with degree of Master of Sciences in environmental science. Since 1993 approximately 40 employees of environmental protection institutions have received M.Sc. degree. Regular training of REB inspectors is provided by State Environmental Inspectorate, especially on the most recent changes of legislation and data collection requirements. Specific courses on waste management for wider target group, including municipalities and waste management enterprises have been organized by the aforementioned Institute and by non-governmental organization “Latvian Waste management association”. The staff has been sent to training courses abroad, e.g., waste management training courses organized by SIDA. In accordance with Latvian legislation (Law on Civil Servants) all employees in these institutions have to follow different courses on regular basis.

Directive 91/689/EEC on hazardous waste

As from 1995, the government of Latvia, in co-operation with the EU experts and Danish government representatives has elaborated the National Hazardous Waste management Strategy, whose updated version was approved in 1999.

The strategy aims to establish an environment friendly hazardous waste management system at the national level in line with the EU requirements, thereby minimizing the hazardous waste impact on environment.

• After its complete establishment, the system will be sustainable; it will function according to the "polluter pays" principle. Functioning of the system will be financed by funds collected from waste generators, levied on waste recycling or final disposal of waste.

• The system will ensure an operative information flow on hazardous waste generation, transport, recycling and final disposal between the institutions involved in hazardous waste management, adequate and competent decision-making and control over its implementation.

• System shall stimulate use of cleaner technologies in production. The Latvian hazardous waste management system is intended to fulfil step by step all the requirements of the EU legislation by its incorporation into the national legislation and the

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implementation of the described management system (see Annex 6 – Implementation and financing plan for HW directive).

According to the Law On Hazardous Waste (1993) for all activities with hazardous waste (collection, transport, processing) the producer or owner of HW had to obtain permit. Currently, the permitting requirements are replaced with more detailed ones under the newly adopted legislation. For IPPC installations there is a requirement for integrated permits according to the Law On Pollution. These permits include detailed requirements for waste management. Integrated permits are required for waste incinerators and co-incinerators even if these installations do not correspond to Annex I of the IPPC directive. The application and permit forms are determined by regulations (On Application of Permit, Permitting and Use of Best Available Techniques for Category A (IPPC) Polluting Activities and Category B Polluting Activities for Waste Incineration) adopted by the Cabinet of Ministers on 17.07.2001. For activities that are not covered by Law On Pollution, the permitting requirements are covered by Article 11 of the Law On Waste Management.

“Article 11. (1) Regional environment administrations, informing the city council (municipal council) in whose administrative territory waste management activities are planned to be performed, prior to the performance of the relevant activity shall issue the following waste management permits:

1) permits for the recovery of waste; 2) permits for the disposal of waste; and 3) permits for the collection, storage and reloading of waste.

(2) The regional environment administration shall, in accordance with the final destination of hazardous waste to be transported, issue permits for the transportation of the hazardous waste in the territories under its supervision and inform the relevant city council (municipal council). (3) The Cabinet shall determine the procedures for the issue, extension and cancellation of waste management permits, the requirements to be set in the waste management permits, and shall approve the forms for waste management permits.”)

Besides the permitting requirements Article 14 of the law sets detailed requirements for the management of Hazardous Waste.

(“Article 14. (1) The producer of waste or holder of hazardous waste shall:

1) separate hazardous waste from other types of waste; 2) store hazardous waste so that it does not threaten human life and health, the

environment, or the property of persons; 3) deliver the hazardous waste to specially equipped hazardous waste collection places or

enter into a contract regarding the management of hazardous waste with a person who performs hazardous waste management and has obtained a permit to manage hazardous waste; and

4) cover the costs of hazardous waste management. (2) Legal persons who store hazardous waste for longer than 12 months shall obtain a permit for the storage of hazardous waste and shall perform the activities referred to in Paragraph three, Clause 3 of this Section. (3) A person who performs the management of hazardous waste shall:

1) obtain a permit for the collection, storage, reloading, recovery, and disposal of hazardous waste;

2) obtain a permit to transport hazardous waste; 3) ensure the recording, packing, labelling and identification of hazardous waste; and 4) organise specially equipped hazardous waste collection sites.”)

The requirements for waste statistics and information to public are covered by Article 20.

(“ Article 20. (1) Persons who engage in waste management shall:

1) record the amount (volume), type, origin, frequency of collection, transportation, type of recovery and disposal, and place of recovery and disposal regarding waste under management, and once per year submit the compiled information to the Ministry of Environmental Protection and Regional Development or its authorised institution, as well as to the relevant local government, and shall preserve such materials for three years;

2) at their request, provide information to State authorities, local governments and the general public regarding waste management; and

3) at the request of the previous holder of the waste, issue a certification regarding the collection, storage, reloading and transportation, recovery and disposal of the relevant waste.”)

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In accordance with the Waste management law, legal persons who store hazardous waste for longer than 12 months shall obtain a permit for the storage of hazardous waste and shall ensure the recording, packing, labelling and identification of hazardous waste. Regulations of the Cabinet of Ministers On issuing, prolonging and annulling permits on waste management and on requirements to be contained in permits” will be adopted in second half of year 2001. In accordance with these regulations, in order to receive permit for storage of waste, the person shall submit to the regional environmental board an application for the permit, containing name and addresses of waste storage places, types and amounts of waste to be stored, and intended storage period, as well as description of the technologies and equipment used for storage of waste. The representative of the regional environmental board shall visit potential waste storage site and evaluate the proposed waste storage site and proposed waste storage technologies. Based on this visit and information contained in the application, regional environmental board is taking a decision about issuing permit for the storage of waste.

The above-mentioned provisions of the law together with more detailed regulations to be adopted by the end of this year will ensure that HW management system will ensure avoiding negative impact to human health and environment from the date of accession.

Taking into account that provisions of the directive have been transposed by Waste Management Law, and given that detailed implementation and financial plans for development of hazardous waste management infrastructure have already been elaborated (including construction of the hazardous waste landfill) and the request for transitional period for temporary waste storage before its final disposal is included in position regarding Landfill directive, Latvia is changing its position on directive 91/689/EEC on hazardous waste and withdraws the previously requested transitional period.

Directive 75/439/EEC on disposal of waste oils

On 17 July 2001 Latvia has adopted Regulations of the Cabinet of Ministers On requirements for incineration of waste and waste incineration plants, determining also requirements for incineration of waste oils according to the new directive 2000/76/EC on the incineration of waste. It is planned that by the end of year 2001 the Cabinet of Ministers will adopt Regulations On management of certain hazardous waste types, including also management of waste oils and thus transposing the requirements of the Directive 75/439/EEC. These regulations will contain the legal requirement that the regeneration of waste oils shall be given priority over incineration. In accordance with the Waste Management Law, permits for collection, storage, transfer, recovery and disposal of waste oils are issued by Regional Environmental Boards (REB). In accordance with their statutes REBs are also controlling and inspecting institutions for the management of waste oils.

The system of collection and utilisation of waste oils is partially in place and will be further improved before accession. Taking into account that waste oils have high calorific value and collection of waste oils is subsidised by Latvian Environmental Protection Fund, this type of waste is actively collected for several companies and used as an alternative fuel. The biggest consumer of oil waste is "Broceni" cement kiln where waste oil is used as additional fuel in cement production There are also three companies, which provide separation of oil from bilge waters in all three biggest Latvian ports. There is no need for additional capacity for treatment of water contaminated with oil, as A/s Ventbunkers is only utilising a minor part of their capacity.

37 thousand tons of oil are brought into Latvia annually. In the Phare study for "Implementation of the Latvian Hazardous Waste Strategy" in 1998, it was concluded that for the large part of the enterprises found adequate and effective ways for disposal of waste oils, mostly by combustion. There are two companies, EKO-Osta and A/S Broceni, currently collecting about 30% of the used oil. Broceni capacity for utilisation of waste oils is about 1000 tons per month, at present Broceni utilizes 400 – 700 tons of waste oils monthly. Part of the remainder is utilized by EKO-Osta.

The costs for the collection of waste oils have been subsidised by Latvian Environmental Protection Fund (LEPF)1.

1 Latvian Environmental Protection Fund - State institution established in 1996 according to the Law on Natural resources tax and Law on Environmental Protection. The Fund’s council manages special budget resources (environmental protection tax, some part of other environmental taxes and fines), which can be allocated only for environmental and nature protection.

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For the purpose of management of waste oils following resources have been allocated: In 1999 –135 600 EUR2 In 2000 – 60 000 EUR Planned in 2001 –508 500 EUR Sharp increase of the amount of subsidies is explained because until year 2000 waste oils were collected, but cement kiln in Broceni had limited capacity for the incineration of waste oils. In 2001 technical capacities of Broceni were improved and earmarked subsidies for waste oils were used. In the coming years the subsidy level will not decrease.

According to Article 3.1. of the Directive where technical, economic & organisational constraints so allow, Latvian Environmental Protection Fund will take the measures necessary to give priority to processing of waste oils by regeneration when deciding on subsidies on waste oil management, including using regeneration facilities in other countries.

Other costs besides the State subsidies will be private costs.

Latvia will fully transpose the directive (Cabinet of Ministers regulations On management of certain hazardous waste types will be adopted by the end of 2001) and will ensure full implementation by 1 January 2003 of its provisions related to equipment and enterprises, which are working with recycling of waste oils. Waste oil management issues including more detailed assessment of costs will be included in waste management plan, which is prepared within the scope of REAP project “Multi-year waste management plan for Latvia”. It is planned that this project will be finalised in November, 2001 and approved by Cabinet of Ministers in middle of 2002.

Latvia will implement provisions of this directive upon accession. After analysis of information about the current practice of collection and recovery of waste oils, planned development of hazardous waste management infrastructure and already completed transposition of the requirements of this directive and Directive 2000/76/EC, Latvia is changing its position on directive 75/439/EEC on waste oils and withdraws the previously requested transitional period.

Directive 96/59/EC on PCB/PCT

Requirements of the directive have been partially transposed by Waste Management Law. In order to complete the transposition, it is planned to adopt Regulations of the Cabinet of Ministers On the management of certain hazardous waste types by the end of year 2001. These regulations will contain ban for use of PCB/PCT. In accordance with Waste Management Law permits for collection, storage, transfer, recovery and disposal of PCB/PCT are issued by Regional Environmental Boards (REB). In accordance with their statutes REBs are also controlling and inspecting institutions for the management of PCB/PCT.

Non-inventoried equipment will be managed in accordance with regulations mentioned above: owners of such equipment will be obliged to submit information to Regional environmental boards; environmental inspectors will control implementation of this requirement. When the incinerator for hazardous waste will be operational, the possibilities to incinerate mentioned equipment will be evaluated.

LEPF is funded by:

1) taxes for extracted natural resources, 2) charges for environmental pollution; 3) taxes on sale or import of goods harmful for the environment; 4) taxes on packaging of goods and products, which are imported or produced domestically.

Annual budget of LEPF is approximately 14,5 M EUR. 20% from the budget is used for the subsidies (waste recycling and recovery on tender basis), 25% for ISPA preparation and co-financing, 25% for different investments part of public investment programme, 30% for different kind of projects including environmental education etc. 2 Here and after exchange rate 1 EUR = 0,59 LVL is used.

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EU directive 96/59/EC sets out principles of management for PCB containing oil products and equipment containing PCBs. PCB containing equipment – high voltage transformers can be found in power supply system. Electrical power production and supply system is owned by “Latvenergo” – the main company in energy supply. Minor companies are dealing with production of electrical energy in co-generation plants, hydro-electrical plants and wind generators.

In the power supply system of “Latvenergo” there are about 300 high voltage transformers, which potentially can contain PCB. Investigation by Swedish company Watenfall was carried out in order to examine whether PCB containing oils were present in energy supply system. Totally oils from thirteen transformers were analysed and it was determined that in all cases concentration of PCB did not exceed the fixed limits in EU directive.

“Latvenergo” has organised and financed disposal of out-of-use capacitors at the company “AVR” in the Netherlands. 99,73 tons of capacitors containing PCB/PCT have been destroyed. “Latvenergo” has assessed also capacitors used in grid containing PCB, which are out of use. Total amount of PCB containing oil in these capacitors make about 98 t. It is expected that due to the ban of PCB use there will be no more sources of this kind of waste from energy industry. Further plans for the destruction of these capacitors will depend from the development plans of “Latvenergo”.

Costs for the management of the inventoried PCB/PCT equipment are approximately 164 000 EUR, and they will be covered by the owner. So far it can be estimated that costs for the management of 1 ton of PCB/PCT are approximately 1700 EUR. Total costs for the managing PCB/PCT will be assessed after the finalisation of inventory. Costs for the management of PCB/PCT will be covered by the owner.

The costs for the implementation of the directive (incinerator, storage and final disposal) are included in the overall costs of Hazardous Waste management (see Annex 6 chapter 6).

Project in co-operation between Danish EPA and company COWI and Environmental State Inspectorate of the Republic of Latvia “Identification of PCB and inventory of materials and equipment containing PCB in LATVIA” has started.

The main task of project is to elaborate guidelines for environmental inspector and enterprises that will help to identify potential pollution sources of PCB (typical locations of equipment and materials containing PCB).

The project will be realised in two phases.

The tasks of the first phase are following :

• to prepare guidelines on PCB inventory and proposals for priority remedial actions;

• to organise training programme (workshop) for environmental inspectors and representatives from industry;

• to arrange site visits and intensive discussion/consulting of the companies;

• to propose destruction and decontamination processes for PCB-contaminated equipment.

The tasks of the second phases will cover analytical measures, sampling and laboratory analytical tests of PHB etc.

See more detailed information in report “Status on POPs Phase-out in the Baltic States (Latvia)” in annex 7. Latvia will implement the provisions of the directive upon accession, taking also into account flexibility provided by the directive, granting 10 years for the decontamination and disposal of inventoried equipment, stipulated in Article 3 of the directive, as it is possible that other enterprises, besides “Latvenergo”, may have capacitors and other equipment containing PCB/PCT After assessment of the information about existing PCB/PCT sources and taking into account planned transposition of the directive by the end of year 2001, Latvia is changing its position on directive 96/59/EEC on PCB/PCT and withdraws the previously requested transitional period.

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Directive 91/157/EEC on batteries and accumulators containing certain dangerous substances

Latvia will fully transpose the directive by Regulations of the Cabinet of Ministers On management of certain hazardous waste types by the end of 2001. Terminology and definitions within the national legislation will be aligned with the Directive 91/157/EEC by the end of 2001.

There is no production of batteries and accumulators in Latvia.

Latvia submits information on import of batteries and accumulators in table 3 and table 4.

Table 3.

Import of batteries and parts in Latvia Year Type of accumulator or batteries Weight, in tons 1998 Manganese dioxide 274 Mercury oxide 0,008 Silver oxide 0,054 Lithium 2,75 Air-zinc 3,07 Other 39, 57 Spare parts 0,036 Total: 319,49 1999 Manganese dioxide 316,273 Mercury oxide 0,008 Silver oxide 0,715 Lithium 1,399 Air-zinc 0,579 Other 68,955 Spare parts - Total: 388,15 2000 Manganese dioxide 220,568 Mercury dioxide - Silver oxide 0,137 Lithium 3,831 Air-zinc 0,321 Other 117,903 Spare parts 0,059 Total: 342,82 Source of data: Central Statistical Bureau of Latvia Table 4.

Import of accumulators in Latvia Year Type of accumulator Number of

pieces/parts Weight, tons

1999 Lead accumulators 113 747 2171 Nickel- cadmium

accumulators 37 405 19,52

Ferrous- nickel accumulators 3693 23 Other accumulators 29449 32,23 Parts 33129 121,11 Total 2366,86 2000 Lead accumulators 109 848 2134 Nickel-cadmium accumulators 28 076 19,92 Ferrous- nickel accumulators 3921 40,01 Other accumulators 19248 53,67 Parts 46482 189,54 Total: 2437,14

Source of data: Central Statistical Bureau of Latvia

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In accordance with Waste Management Law, permits for collection, storage, transfer, recovery and disposal of batteries and accumulators are issued by Regional Environmental Boards (REB). In accordance with their statutes, REBs are also controlling and inspecting institutions for the management of batteries and accumulators. Lead containing accumulators are taxable objects in accordance with Latvian Law On Natural resource tax, and tax is paid with the regard to their capacity. For other batteries and accumulators natural resource tax is paid with regard to the value of 1 kg of batteries and accumulators.

Collection system for lead containing accumulators is set up by private enterprises using subsidies from Latvian Environmental Protection Fund (LEPF)3 for collected accumulators. At the moment there are 3 enterprises collecting accumulators. Two of them are sales representatives of accumulator producer “VARTA” and are accepting accumulators at workshops and spare-part shops. Third company is accepting only dried accumulators. Emptied accumulators are exported to Estonia for further processing and sending to Sweden or UK.

As part of the subsidy programme of Latvian Environmental Protection Fund, company “BAO”4 has started collection of used batteries, placing boxes for batteries at the shops and supermarkets. ‘BAO” receives subsidies 1,36 EUR per kg of used batteries. “BAO” will ensure safe temporary storage of the collected batteries. Collected batteries are stored at safe storage site until the collected amount will be sufficient for the transportation of batteries for disposal/recovery operations in France. There are no suitable facilities for processing of used batteries in Latvia. Currently the process of collection of batteries has just started and during the first months of collection 3 tonnes of used batteries have been collected. However it is expected that the collection rate will improve. More detailed information will be available at the beginning of 2002.

The costs for the collection of accumulators and their transportation to foreign countries for recycling has been subsidised by Latvian Environmental Protection Fund. For this purpose following resources have been allocated: In 1999 – 2,27 MEUR In 2000 – 2,29 MEUR Planned in 2001 – 2,29 MEUR. In the coming years the subsidy level will not decrease.

The procedures for recycling of accumulators are functioning well, due to the activities of the Latvian Environment Protection Fund.

Estimates show that in vehicles and trucks approximately 265 000 accumulators are used, and a certain amount of accumulators is used in industry, in ships.

In 1999, 381 000 pieces of accumulators were collected.

Table 5. Collected amounts of lead accumulators and other accumulators in 2000

Time period Lead accumulators, pieces Other accumulators, tons 1st quarter, 2000 66 405 192,917

2nd quarter, 2000 90 042 164,406 3rd quarter, 2000 58 057 58,496 4th quarter, 2000 59 035 93,461

Total, 2000: 270 539 509,28

Source of data: Latvian Environmental Protection fund

3 See the relevant footnote nr. 1 above describing the functions of LEPF 4 In accordance with the Hazardous waste strategy elaborated by the MEPRD the company a/s “Bao” was founded in 1996 to carry out the management of discarded pesticides. This includes running of the interim storage in Gardene, safe collection and storage. The company a/s ”Bao” was founded by an order of the Cabinet of Ministers. “Bao” is carrying out hazardous waste liquidation, and internment of residual hazardous substances in special dumping sites, as well as taking part in design, construction and management of these sites.

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In accordance with the draft regulations On Management of Certain Hazardous Waste Types it is envisaged that importer will be responsible for the marking of the batteries and accumulators, as well as for the organization of the collection system for these batteries an accumulators, including setting up of public awareness campaigns. All traders of batteries will be obliged to take back batteries from households and submit them to the collection system.

The collection system will ensure the collection of all types of batteries, not only those included in the directive.

Plan for the management of used batteries will be included as a chapter of waste management plan currently under preparation in the framework of Phare REAP financed project planed to be adopted by Cabinet of Ministers by the middle of year 2002.

Latvia will fully implement the directive requirements on trade of batteries containing dangerous substances as well as develop programmes for recycling of used batteries and accumulators upon accession.

Taking into account accelerated plans for the transposition of the directive, involvement of the importers of the batteries and accumulators into setting up collection system and providing information for the public, as well as taking into account development of hazardous waste management system, Latvia is changing its position on directive 91/157/EEC on batteries and accumulators containing certain dangerous substances and withdraws the previously requested transitional period. Directive 94/62/EC on packaging and packaging waste

A draft Packaging law has been elaborated and the adoption is planned by the end of year 2001 in order to implement Directive 94/62/EC on Packaging and Packaging Waste. The draft law was submitted to the Cabinet of Ministers on 10 April 2001 and approved in the Cabinet of Ministers Committee. It is planned that the law will be enforced from 1 July 2002. According to the requirements of the EU legislation, the draft law incorporates clarification of terms related to packaging and sets requirements to packaging, packaging waste collection, reuse and recycling. It also prescribes the obligation of the packaging producers to organize management of the packaging waste, the obligation of users to summarize and provide information on packaging to the database. Establishment of deposit-refund system is intended in order to facilitate packaging reuse. The Law will apply to packaging producer, packer, packaging importer, importer, who imports packed goods and products, merchant state and municipal institutions, as well as packaging waste management organizations.

The Law delegates to the Government the right to pass several Regulations of the Cabinet of Ministers, in order to concretise the procedure for performing the tasks stated by the law, as well as to settle the procedure according to which packaging classification and marking must be performed. It is planned that the Government regulations will be enforced on 1 July 2002.

The Packaging Institute of Latvia has elaborated draft Implementation and Financing Plan for implementation of the Packaging and Packaging Waste Directive. The plan is attached in Annex 8 and provides the information relevant to the justification of the requested transitional period. The strategy for establishment of packaging waste management system of Latvia covers the period from 2001 till the end of 2007.

A state level packaging account database has been elaborated according to Annex 3 of the directive. In order to receive reliable data on packaging flow in Latvia in the shortest possible time, an indirect accounting of packaging flow will be elaborated and implemented upon accession, allowing to define the packaging amount in Latvia more precisely. Since 1996, the law On Natural Resources Tax is in force. The tax is applied to packaging of products and goods. Tax on packaging, which is used repeatedly, has to be paid only once. Producers started to join in for solution of the packaging and packaging waste problem in 1997, when the Ministry of Environmental Protection and Regional Development and Packaging Association of Latvia signed an agreement on cooperation for packaging legislation development and improvement and EU Directive 94/62/EC implementation in Latvia. During this time a dialogue took place between state institutions and the producers, in order to achieve joint goals in packaging and packaging waste rational management. Simultaneously a provision to receive tax allowances exists if the company or company alliance enforce voluntary packaging waste management programmes. Under the Ministry of Environmental Protection and Regional Development, the

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Council of Packaging Management has been established in order to evaluate the mentioned programmes and collaborates with non-governmental organizations, which work in the field of packaging management. Council of Packaging Management includes experts from the Ministries of Finance, Economy, Environmental Protection and Regional Development, the Environmental Protection Fund, Packaging association of Latvia, Standardization Technical Committee “Packaging”. Thus, voluntary packaging waste management is facilitated. An organization of voluntary packaging waste management has started to operate - Green Dot Latvia (GDL), established on 11 January 2000 and its programme of work intends to implement the Directive requirements within its member companies. Currently, 8 largest Latvian food producers have become members of Green Dot Latvia, and almost 10% of total packaging in Latvia is under their supervision. Since year 2000 Green Dot Latvia is a member of European organization Pro Europe.

Establishment of volunteer packaging waste management organization is a step towards effective implementation of the Directive, as it has been done is the EU member states, but it requires strong organizational support and significant financial resources, in order to achieve the preset targets within the set period, i.e. until the end of year 2007 (see Table 6). The draft law proposes that filler, packer or importer who is not joining a voluntary packaging waste management organization shall register in an institution appointed by the Ministry of Environmental Protection and Regional Development, organise their own packaging waste collection and recovery and report anually to the Ministry of Environmental Protection and Regional Development the progress along the action plan, including packaging waste collection and recovery schemes and volumes. Synchronized adaptation of all the legal acts will allow achievement of the requirements of the Directive in the scheduled period. Table 6.

Targets for packaging waste recycling, recovery and reuse (%)

1998 1999 2000 2001 2002 2003 2004 2005 2006 2007 Paper, cardboard 31% 34% 37% 40% 43% 47% 50% 53% 56% 59% Wood 5% 6% 6% 7% 7% 8% 8% 9% 9% 10% Plastic 5% 6% 7% 8% 9% 11% 12% 13% 14% 15% Metals 0% 4% 7% 10% 13% 17% 20% 23% 27% 30% Glass 12% 12% 12% 15% 19% 22% 25% 28% 32% 35% Total recycling 21% 22% 24% 27% 31% 33% 36% 40% 42% 45% Total recovery + recycling + reuse 27% 28% 31% 34% 39% 41% 45% 51% 55% 59% Total reuse 6% 6% 7% 7% 8% 8% 8% 9% 9% 9%

Note: The figures in the table indicate achieved targets at the end of the year, not the average of the year.

Return system for returnable packaging will be set up using mechanisms provided by coming Packaging law, e.g., deposit system.

Collection & recovery systems will be set up based on producers responsibility obligation in accordance with draft Packaging law, Law on municipalities and Waste management law.

Currently municipal waste collection in Latvia is organised by municipalities in co-operation with waste management companies. The present system of waste collection is largely ineffective with respect to the packaging, because packaging waste is not separated from the total waste flow, except for some regions where implementation of such separate collection is started by some waste management organisations and it is not possible to make differentiated payments for household waste (reduced in case if the waste is sorted).

Certain positive traits can be observed in separate collection of packaging waste from enterprises, which are influenced by the economic interest of waste management organisations (subsidies from Latvian Environmental Protection Fund5), as well as by activities of the producers’ voluntary responsibility organisation.

5 See the relevant footnote nr. 1 above describing the functions of Latvian Environmental Protection Fund

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There is a remarkable potential for recycling of materials that are to be separated from the rest of the household waste (paper, polymers (PET), glass, metal), the realisation of which is hindered by the high collection cost and underdeveloped markets for recycling end products, which is the current obstacle for development of reusable glass packaging industry.

Public relation campaigns have a major role in implementation of the separate packaging waste system. Care will be taken for the producers and importers who can unite to diminish the costs of separate packaging waste collection and recycling. The main task of the organisations is to ensure attainment of the State defined norms of energy recovery and recycling. The main co-contractors of the organizations are municipalities and recyclers of secondary raw materials. Activities performed by private organisations are more effective both with respect to the result reached and the resources utilised. Therefore, the major part of responsibility for separate collection of waste will be allocated to indicators of packaging, leaving the State institutions only the control functions. The task of municipalities is to ensure investments in infrastructure and participation in development of public opinion in co-operation with GDL and waste managers.

According to the Directive specific implementation and financing plan (Annex 8), Latvia provides implementation of adequate legislation and guarantees long-term waste management policy directed towards development and support of private business in this industry, and especially in the field of packaging waste. Already now it is noticeable that introduction of producers’ liability principles allows waste management companies to introduce efficient separate waste collection systems in order to be able to participate in and stand the competition. Provisions of the legislation on separate packaging waste collection and producers’ responsibility will ensure waste management companies to invest into technologies of separate collection. These schemes are financed from private sector and will remain so according to the long-term policy implemented by Latvia. To conclude by providing adequate and stimulating legislative base, state can expect raising interest of private investors and waste management companies to participate in the management of packaging waste.

In accordance with the draft Packaging law, fillers, packers and importers are responsible for management of their generated packaging waste.

The Cabinet of Ministers determines the percentage of total packaging waste to be recovered, as well as the specific recovery targets for particular materials, and also the due dates for reaching the targets.

Packer, filler or importer can, in order to fulfil the task to manage their generated packaging waste, form or join a packaging waste management organization that organizes and administrates packaging waste management. This organization shall sign a contract with Ministry of Environmental Protection and Regional Development to ensure collection of generated packaging waste. The term of the contract shall exceed five years. The contract shall be supplemented with the action plan of the organization. Organization shall report annually to Ministry of Environmental Protection and Regional Development the progress along the action plan, including packaging waste collection and recovery schemes and volumes. Organization shall organize, administer, and perform separate collection and responsible waste management promotion. For additional information see Annex 8 chapter 2 in Implementation and Financing plan of the Directive 94/62/EC.

Organization shall ensure the public availability of information about separate collection and resource recovery possibilities, final consumers’ role in packaging waste reuse and recovery schemes, the significance and meaning of packaging marking.

Filler or importer that has not joined an organization shall register in an institution appointed by Ministry of Environmental Protection and Regional Development and organize their own packaging waste collection and recovery, as well as report annually to Ministry of Environmental Protection and Regional Development the progress along the action plan, including packaging waste collection and recovery schemes and volumes.

Filler, packer and importer who generate packaging waste volume, which does not exceed the level determined by the Cabinet of Ministers, is allowed not to participate in packaging waste management, but is not relieved of the duty to register and report on packaging in accordance with Packaging law.

Packer, filler or importer can set a deposit fee for reusable packaging. Deposit fee is paid by the buyer of a good or merchandise in reusable packaging as a fixed sum paid back by the seller upon receiving back the packaging. A distributor selling goods or merchandises with the deposit fee is

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responsible for accepting the used packaging, repaying the deposit fee. The implementation procedure of deposit fee is regulated by the Cabinet of Ministers.

Packaging manufacturer and importer shall report annually to the Ministry of Environmental Protection and Regional Development or their appointed institution the type and volume or packaging produced.

Basing on the reports form organization, packaging manufacturer, filler, packer and importer, Ministry of Environmental Protection and Regional Development or their appointed institution shall form and develop a database of types and volumes of packaging and packaging waste.

The Cabinet of Ministers shall regulate the procedure of reporting and the form of the report.

Latvian Environment Agency shall annually develop and publish a report on packaging and packaging waste volumes and its management in Latvia.

The actions of packaging manufacturer, filler, packer, importer and organization shall be supervised in accordance to the requirements of this Law by State Environmental Inspection and Regional Environmental Boards.

Standardization Technical Committee “Packaging” was established in 1998. Main attention of the Standardization Technical Committee is devoted to adaptation of CEN standards in Latvia, as well as development of Latvia standards as suggested by New Approach directives. These standards concern the EU Directive 94/62/EC on Packaging and Packaging Waste has already been translated and adapted. Further more they have received the status of National Standards of Latvia.

Directive requirements regarding the total concentration level of lead, cadmium, quicksilver and chrome VI in packaging or its components, which must not exceed 100 ppm of weight, except for packaging, which is fully lead made, will be implemented with the enforcement of the law on 1 July 2002. The draft law foresees that the Government may determine packaging types and materials, for which exceptions regarding the heavy metal content and term, when the exceptions apply in accordance with Directive 94/62/EC and Commission decision from 19 February 2001. The Environmental State Inspection and Regional Environment Boards will control abidance to the law requirements. Taking into account the accelerated plans for the implementation according to the recently elaborated Implementation and Financing Plan (Annex 8), Latvia is changing its position on directive 94/62/EC on packaging and packaging waste and requests a transitional period until the end of 2007 for gradual implementation of Article 6 of the Directive according to the targets set in Table 6 of this addendum. Other provisions of the Directive will be implemented upon accession.

Directive 99/31/EC on the landfill of waste

The directive has been partially transposed to the Latvian legislation with the Regulations of the Cabinet of Ministers On establishment, management and closure of municipal waste landfills adopted on 8 February 2000. According to the new Waste Management Law, by the end of 2001 the Cabinet of Ministers will adopt Regulations On requirements for establishing of landfills, for management and closure and after-care of landfills and dumpsites. These regulations will complete transposition of this Directive.

The MEPRD is responsible for elaboration of relevant legal acts, national plans and strategies for the management of waste. Municipalities are responsible for the site selection of the landfills taking into account results of the EIA. Before the establishment of the landfill a feasibility study analysing all aspects of management of municipal waste shall be carried out. The operator of the landfill has to register amounts of disposed waste and amounts of recyclable material transported from the landfill. It is also required that monitoring of the nearby environment shall be carried out. These data shall be registered too and submitted to the Regional Environmental Boards (REB) once in a year. Permits for landfilling of waste are issued by REBs. REBs are also competent authorities regarding control of landfills as well as evaluation and closure of the landfills. REBs are setting the requirements for the monitoring of landfills.

Presently, hazardous waste is temporary stored in enterprises and in specially equipped storage places. At the moment there are 3 special storage places for obsolete pesticides, where approximately 2000 tons of the mentioned waste are stored. One of these storage places with

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storage volume of 1500 tons corresponds to all requirements of the Landfill directive, including monitoring programme, except measuring of meteorological data. It is equipped with fire extinguishing and fire-fighting system, all area is paved and there is a collection system for run-off water and sewage from the storage place. At other enterprises waste is mainly stored in separate areas, where it is packed. Stored hazardous waste has to be reported to the REBs and consequently to the Latvian Environment Agency which is collecting data on hazardous waste management. It is planned that stored waste will be either incinerated, or disposed off at the landfill for hazardous waste.

As hazardous waste is temporary storied for a period more than 12 months and not all storage places correspond to the requirements of the landfill directive and this situation can be solved only after the construction of hazardous waste final disposal landfill, Latvia requests transitional period till the end of 2004 regarding storage of hazardous waste. Action plan for Construction of Hazardous Waste Final Disposal Landfill and cost assessment for construction of such landfill is included in Annex 6.

Hazardous wastes will be accepted for landfilling only if they meet the following conditions: • The waste must be solid or dewatered sludge (e.g. filter cakes); • The waste is not combustible (comment; the content of organics must be low); • The waste is not chemical reactive; • The waste is well packaged, except bulk waste, e.g. large volume of fly ash, for which special conditions will be developed.

Typical examples of hazardous waste to be landfilled are:

• Filter cake from treated waste from galvanic industry; • Ion exchange resins (high organic content, to be placed in special section); • Adsorbents that cannot be incinerated (high organic content); • Fly ash from incinerators; • Sludge and filter cakes from industrial wastewater treatment plants; • Solid waste containing heavy metals (e.g. slag from HW incineration); • Discarded inorganic chemicals and salts (non dissolvable); • Residues from alumna industry.

Approximately 20-25% of HW amounts will be landfilled (13-15% - incinerated in a special HW incineration facility, but app. 60% destructed in combustion processes).

There are no plans for establishment of combined hazardous and household waste landfills as separate 10 – 12 regional municipal solid waste landfills, one State financed hazardous waste landfill for different types of hazardous waste as well as one asbestos landfill will be constructed.

Draft regulations of the Cabinet of Ministers On sitting of landfills and on management and closure of landfills and dumps will provide requirements for sitting, management and closure of inert waste landfills. In accordance with these draft regulations inert waste can be used for inner roads and covering in landfills. Issue of inert waste has been addressed in the scope of the feasibility studies for construction of regional landfill in Nort Vidzeme and Liepaja. In both cases it has been recognized that there are no amounts of inert waste justifying a construction of separate landfill for inert waste, thus inert waste will be landfilled in landfills for municipal waste.

At the moment there are 2 recovery plants for inert waste in Riga and Ventspils, both operating with considerable support from municipalities. Issue of inert waste will be addressed by waste management plan, which will be developed in the scope of REAP project until November 2001 and approved by the Cabinet of Ministers till the middle of 2002.

Industrial non-hazardous waste will be landfilled in landfills for municipal waste, investments needed are included in project costs. Amount of non-hazardous municipal waste has been taken into account during preparation of preliminary designs of landfill and calculations of the total volume of waste to be landfilled. Collection of this waste type will be provided by the same companies, which are dealing with municipal waste.

Separate landfill for asbestos waste is planned. See information on asbestos directive presented in this addendum.

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In order to implement the requirements of the directive 1999/31/EC on landfills of waste, Latvia has elaborated and launched the investment programme National Programme “500-Implementation of the Solid Waste Management System in Latvia”, which includes building of 10 to 12 new municipal solid waste landfills in Latvia and closing the existing dumpsites. In the framework of the programme “500-” the requirements of the directive will be implemented till year 2009. Until year 2009, new municipal waste landfills will comply with the requirements of the directive 1999/31/EC and all municipal solid waste remaining after separation, recycling, biodegradation and re-use will be disposed.

Strategy for reduction of biodegradable waste will be developed until 1 January 2003. Targets mentioned in Article 5.2 will be achieved. Latvia does not have Eurostat data on the amounts of biodegradable waste produced in 1995, as for the first time the Eurostat questionnaires were filled in 1998.

Latvia submits directive specific implementation and financing plan for the Council Directive 1999/31/EC on the landfill of waste (see Annex 9). Note: Hazardous waste landfilling issues are included in Annex 6.

By the end of year 2008 half of existing landfills will be remediated and till year 2012 all the other landfills will be remediated.

Based on the inventory made during the project preparing, the Solid Waste Management Strategy, the amount of waste production and composition was estimated. Total amount of waste produced in Latvia in 1996 is estimated 2,4 millions m3. Total annual waste production is from 600,000 to 700,000 ton per year. (see Annex 10 Table 1 - Amounts of solid household waste in Latvia).

Information on dumpsites recultivated from 1998 - 2001 is presented in Annex 10 tables 2- 4.

In 4 regions it is planned to start regional waste management projects after year 2005 and complete the construction of landfills till 2009. Projects will include several activities: creation of centralised collection and transportation system of municipal solid waste, elaboration of unified tariff system, foundation of regional institution for municipal solid waste management, construction of regional municipal solid waste landfill and closure (with following remediation) of existing dumps. Until construction of landfills will be finished, some of existing disposal facilities will remain in operation. Only when the operation of new landfills will be started in the respective 4 regions, it is possible to start the re-cultivation of dumps. Taking into account requirements of the Directive 1999/31/EC and costs related to the measures mentioned in the directive it can be estimated that re-cultivation/remediation of existing dumps will be finished in 2012.

Remediation of the existing dumpsites after 2009 will concern a comparatively small part of the existing dumpsites (see Annex 10 tables 5-7).

The costs for the remediation of landfills to be closed are included in Annex 10 table 8.

As until year 2009 all construction works of regional landfills will be finished, there will be no more need to accept waste in existing dumpsites. Main part of them will be closed and also remediated by 2009, but the remaining ones (193) will be closed and will not accept waste as from 2009, and will be remediated until 2012.

Taking into account the foregoing, Latvia is changing its position and withdraws its request for transitional period on directive 99/31/EC on the landfills of waste regarding solid waste landfills and will achieve compliance or closure of the existing landfills until the date stipulated in Article 14 of the Directive.

Directive 2000/53/EC on end-of-life vehicles

Latvia has applied for assistance by the Regional Environmental Accession Project (REAP) to transpose and implement the directive 2000/53/EC on end-of life vehicles. The TOR of this project has been approved and the work has started in spring 2001. The project will last for six months.

The short-term objective of the project is the transposition of the directive 2000/53/EC into the Latvian legislation by elaborating a proposal for legislation and the establishment of a management system for end-of-life vehicles. In the long term the project will ensure full implementation of the requirements of the directive.

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Responsibilities will be defined between the institutions involved in treatment of end-of-life-vehicles and proposals for a certification system and permits for dismantling, re-use and destruction methods will be prepared.

The study will analyse the economical implications of end-of life-vehicle management and will be based on a free of cost delivery of the vehicle to an authorised treatment facility.

The project will consist of three main stages:

1. Review of the existing situation in end-of-life-vehicles management system and related legislation and organisation in Latvia;

2. Preparation of draft legislation, implementing 2000/53/EC Directive in Latvia;

3. Preparation of proposals for the future management system, responsibilities and practical implementation of the requirements of 2000/53/EC directive.

In the framework of the above-mentioned REAP project, Latvia will calculate implementation costs and elaborate the implementation timetable for the directive 2000/53/EC. These documents will be submitted to the Accession Conference if so requested. According to a preliminary assessment there are no specific major problems in Latvia regarding implementation of the directive, therefore Latvia withdraws the previously expressed reservation and will implement the Directive 2000/53/EC within the time period stipulated therein.

Water quality

Water Framework directive (2000/60/EC)

By the end of 2002, Latvia will adopt Law on Water Management, which will include the basic provisions of the Directive. Draft Law is already prepared. Transposition will be completed after adoption of the relevant Regulations of the Cabinet of Ministers till 22 December 2003 at the latest.

Latvia has already started a joint project with Sweden to develop the river basin management plan for the biggest Latvian river basin – the Daugava basin. River catchments and the proposed 3 River basin districts in Latvia are included in Annex 11. Latvia will implement Water Framework Directive within the time frame specified therein, thus it has no specific requirements in relation to this directive.

Urban Waste Water Treatment Directive (91/271/EEC)

Urban Waste Water Treatment Directive (91/271/EEC) has yet not been fully transposed into Latvian legislation. It is planned to adopt Regulations of the Cabinet of Ministers On waste water emission limit values by the 1 January 2002, which will fully transpose all the remaining requirements.

According to the draft regulations mentioned above (adoption 01.01.2002), it is planned to declare the entire Latvian territory as a sensitive area. Thereby transitional periods related to sensitive areas shall apply and corresponding requirements for agglomerations of more than 10 000 p.e. and of more than 2000 p.e. shall be implemented by the year 2011 and 2015 respectively. The special reference is made to agglomerations of more than 100 000 p.e., where more ambitious requirements on N and P removal were set and in these cities the requirements will be achieved by the year 2008.

Latvia submits final draft (only minor changes are expected) of directive specific implementation and financing plan for the directive 91/271/EEC on Urban Waste Water Treatment (See Annex 12, Excel tables are presented in Annex 12A, map of proposed 3 River basin districts in Latvia is presented in Annex 11). In accordance with the priorities set by the directive, all agglomerations in Latvia are classified in 3 categories:

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1. Agglomerations of more than 100 000 p.e., where the directive will be implemented by the year 2008 (there are 3 such agglomerations in Latvia with 0,968 million inhabitants6 and 58% of population covered by the directive);

2. Agglomerations with p.e. between 10 000 and 100 000, where the directive will be implemented by the year 2011 (20 agglomerations with 0,460 million inhabitants and 27% of population covered by the directive);

3. Agglomerations with p.e. between 2000 and 10 000, where the directive will be implemented by the year 2015 (65 agglomerations with 0,250 million inhabitants and 15% of population covered by the directive).

The classification (register) of the agglomerations has been established on the basis of the official statistics about Latvian population in towns and settlements and estimated organic pollution load from industries. The definition of agglomeration according to the draft Latvian legislation as well as information presented in this position paper fully comply with the definition of the directive. In Annex 13 the register of agglomerations according to the population equivalents, broken down into categories relating to the time for full compliance with the requirements of directive is presented.

Additional information on pollution load has been requested from all enterprises according to their statistical reports on emissions in water, which will allow to calculate precise p.e. till May 2002 and to provide such information to the EU in middle 2002. Collecting systems:

According to the Population Census 2000, 77 % of population has connection to waste water collection systems. However, environmental statistics declare that only 64 % of wastewater collected in public sewerage systems was subject to appropriate treatment in year 2000. Detailed information on dates and % of wastewater collection network coverage in each agglomeration is presented in the Annex 12A – Table III. Network extension component usually is included in the long-term programme of investment projects, therefore timetable for compliance with the effluent standards for treated wastewater differs from timetable of providing collection systems. Although the general services standard for network coverage of 95% is set for year 2015, in exceptional cases due to very low current connection rate and low dwelling density this target for centralized collection system could became economically unjustifiable, therefore lower standard for connection rate for some towns will be applied. Also it is not possible to set individual service standard target before a detailed study of each town. However, an appropriate local collection and treatment, or treatment at the centralised WWTP will be introduced by 2015. The same refers to the network rehabilitation. It is assessed that in average 60% of the network have to be replaced, and that will be done by 2015. The most urgent sections of network will be rehabilitated already in short-term investment programmes, according to the target dates for each category of agglomerations presented above. As the investment programmes provide only connection possibility to the centralized sewerage network, connection from the household to the municipal network is a private decision with corresponding cost. The estimated private costs to achieve 95% of connection are presented in Annex 12A – Table IV.

Sewage sludge:

• The envisaged regulatory system (i.e.; general rules, registration or authorization, cf.Article 14 of the Directive):

According to annual statistical report “Water – 2”, sludge is used in agriculture, composted or stored (which means that the requirements of Article 14.1. are implemented). Concerning regulatory system and disposal of sludge as required under Article 14.2 – 14.4. of the Urban Waste Water Directive, currently disposal of sludge to surface waters is not practised in Latvia. Disposal to surface waters will be prohibited by Regulations On waste water emission limit values that will enter into force in the beginning of 2002. So there is no need for any regulatory system for such discharges. The existing Regulations On the Use of Effluent Sludge in the Fertilizing of Soil and in Organizing Territorial Public Services set general rules and specific procedure for application of sewage sludge as agricultural fertilizer, for storage of sewage sludge, and for use of sewage sludge for other 6 Data of year 2000.

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purposes. The Regulations require the producer of sludge to obtain a Quality Certificate and register it in Regional Environmental Board. Prior to use of sludge, the producer has to obtain an opinion from regional agricultural authorities. The Regulations also set maximum permissible concentrations of heavy metals in sewage sludge used for agriculture. These requirements correspond to the lower limits of the EU legislation concerning heavy metals. Regulations On the use of effluent sludge will be amended during 2002. Besides that, currently disposal of sewage sludge is subject to Water Use Permit. Article 27 of the Regulations On water use permits determines that the Regional Environmental Board shall include in the permit requirements concerning the volume and composition of the sediments from waste water treatment and sewage sludge, as well as limiting concentrations for sludge contents. These requirements are included in Annex 3 to the Water Use Permit, which, according to the Latvian legislation, shall be obtained by every operator, who extracts water or discharges into aquatic environment. Also Cabinet of Ministers Regulations On Application of Permit, Permitting and Use of Best Available Techniques for Category A (IPPC) Polluting Activities and Category B Polluting Activities for Waste Incineration (adopted on 17.07.2001.), which represent the first step towards establishment of integrated permits system, requires setting of permit conditions concerning disposal of sludge. It might be concluded that regulatory system for disposal of sludge is generally established in Latvia and will be even strengthened after adoption of new permitting legislation, that follows integrated pollution prevention and control approach.

• The approach foreseen for disposal and/or reuse of sludge: Projects for construction or reconstruction of wastewater treatment plants typically include also components for handling of sludge, that means dewatering of sludge, appropriate sludge storage and compliance for use in agriculture and forestry. In the upgraded plants sludge liquor is returned to the works. In most cases wastewater treatment plants receive waste waters only from domestic-type users, therefore the quality is within the limits required by the Directive on Protection of the Environment when the Sewage Sludge is used for Agriculture and it can be used without special treatment. Where the industrial enterprises are discharging the industrial waste waters into the centralised wastewater collection system, they have to provide pre-treatment, to reduce the pollution to the quality acceptable for technological processes in WWTP. In the year 2000 about 137 200 tonnes sludge were produced. Out of these 49 400 t or 36% were reused on soil and agriculture, 52 600 or 38% stored and 35 300 t or 26% reused in other ways. It can be said that the rate of reuse is rather large. Industrial wastewater treatment: Regarding the current status of the industrial sector, Regulations of the Cabinet of Ministers On water use permits set the limits to all industries (not only for those, where the pollution is more than 4000 PE) for amounts and quality of wastewaters discharged to the receiving waters. Following these Regulations, enterprises/industries have to apply for the permit to the Regional Environmental Board (REB), which is the competent authority. In case when the wastewaters are discharged into the municipal sewerage network, industries/enterprises have to pre-treat the wastewater before discharge into the central collection system.

REB issues the permit to a particular enterprise, limiting the abstraction of groundwater that can be used for industrial or household needs and also sets the requirements for wastewater discharges – need for treatment, limits the amount of wastewater and the maximum permissible concentrations for each parameter.

Currently the data on water use, wastewater amounts and pollution from industrial sectors listed in the Annex III of the Urban Wastewater Directive, is collected in the database of Environment Agency of Latvia.

In year 1999, 24% of all wastewater from food and drinks industries was treated in compliance with the requirements set in individual permits for wastewater discharge, 44% comply with the requirements without any treatment and 31% has been treated, but not to the necessary standards, and only 1% of wastewater from food and drinks industries was without any treatment and complying with the requirements. However the statistics relate to all enterprises and most of them have lower emissions than threshold 4000 PE.

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Upon accession Latvia will ensure that all industries included in article 13.1. of the directive will comply with the requirements of the directive. Advanced waste water treatment (Nitrogen and Phosphorus):

According to existing strategy for water management, Latvia is going to ensure wastewater treatment per each treatment plant. Timetable and division of towns by categories see in Annex 12A – Table III. As the whole territory has been defined as sensitive area, it will be required to provide nitrogen and phosphorus removal at the treatment plants in all towns and cities, where population equivalent exceeds 10 000 (as by Article 5(2) and 5(3)).

On the basis of the abovementioned information and taking into account heavy investment costs, Latvia maintains the request for the transitional period till 31 December 2015 to ensure full compliance with the requirements of the EU Urban Waste Water Treatment Directive (91/271/EC). Compliance will be achieved gradually according to the priorities set in the Directive:

• For agglomerations of more than 100 000 p.e., till the end of the year 2008; • For agglomerations with p.e. between 10 000 and 100 000, till the end of the year 2011; • For agglomerations with p.e. between 2000 and 10 000, till the end of the year 2015.

Considering that in Latvia investment projects for drinking water and waste water treatment are being implemented attendant, transition period for these directives should be of similar length.

Drinking water directive (98/83/EC)

Latvia provides additional information on the transposition of the Article 6 of the Directive 98/83/EC.

The Paragraph 1 of the Article 6 of Directive 98/83/EC is transposed by Article 2 and Annex 1 of the Regulations of the Cabinet of Ministers (23 February 1999) On Obligatory Requirements for Harmlessness of Drinking Water. However, some of the provisions transposing Paragraph 1 are included also in Article 24 of the Regulations of the Cabinet of Ministers (14.04.1998) On Hygiene Requirements for Food Circulation, as well as in Article 7 of the Regulations of the Cabinet of Ministers (01.02.2000) Construction regulations - External Networks and Constructions of Water Supply.

The Paragraph 2 of the Article 6 of Directive 98/83/EC is transposed in Law on Supervision of Food Circulation (19.02.1998), Articles 2, 4, 11, as well as in draft Regulations of the Cabinet of Ministers on Hygiene Requirements for schools, kindergartens, health care institutions.

The Paragraph 3 of the Article 6 of Directive 98/83/EC is transposed in Law on Safety of Goods and Services (20.06.2000), Article 8.

After amending the Regulations of the Cabinet of Ministers On Obligatory Requirements for Harmlessness of Drinking Water (till the middle of 2002) transposition of the Article 6 of Directive will be ensured in a more compact way.

Compliance with the provisions of the Regulations of the Cabinet of Ministers On Obligatory Requirements for Harmlessness of Drinking Water is controlled by State Sanitary Inspectorate, while monitoring of drinking water is carried out by National Environmental Health Centre and territorial Environmental Health Centres.

Latvia submits final draft (only minor changes are expected) of directive specific implementation and financing plan for the directive 98/83/EC on Drinking Water (See Annex 14, Excel tables are presented in Annex 14A, map of proposed 3 River basin districts in Latvia is presented in Annex 11).

The need for transition period is based and justified by the financial resources available for the realization of drinking water treatment projects, mainly extension and rehabilitation of water supply

Wastewater from food and drinks industries = 100% Treated wastewaters

55 % Without treatment

45 % Sufficiently treated

24 % Insufficiently treated

31 % Comply with requirements

44 %

Not comply with requirements

1 %

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networks and construction or reconstruction of iron and manganese removal facilities. Necessary amount of financing for full compliance with the directive has been calculated previously by the Phare DISAE Facility project “LAT-108” with the support from Phare financing, and this assessment showed that all needed financing could be invested in the period till 2015, with respect to available financing from state budget and the ability of municipalities to co-finance and maintain the projects.

The key elements of the implementation plan are: • justification of transition time required; • assessment of current situation regarding drinking water quality and treatment in Latvia, practical compliance; • assessment of existing legislative and institutional gaps; • assessment of financial resources for investments in water supply sector; • timetable for implementation.

In Latvia drinking water is most commonly obtained either from shallow ground water strata (individual households) or from deeper artesian strata (towns and settlements). Only the capital – Riga – uses surface water for production of drinking water. Also in individual water supply mainly ground water is used.

According to the Regulations of the Cabinet of Ministers of the Republic of Latvia On Obligatory Requirements for Harmlessness of Drinking Water, Article 12, for the period until 2015, the following standards for the below-mentioned parameters for drinking water are set (except water offered for sale in bottles or containers, where no transitional arrangements are required): 1. content of bromates is no higher than 25 µg/l; 2. content of total trihalogenmethanes is no higher than 150 µg/l; 3. content of aluminium is no higher than 0.5 mg/l; 4. content of iron is no higher than 0.4 mg/l; 5. content of manganese is no higher than 0.2 mg/l; 6. content of KMnO4 is no higher than 8 mg/ O2 /l.

According to the Regulations of the Cabinet of Ministers of the Republic of Latvia On Obligatory Requirements for Harmlessness of Drinking Water, Annex 1, the limit values of the above-mentioned parameters, which will be applied when the investment projects will be completed, but in all territory of Latvia after 2015 (except water offered for sale in bottles or containers), are: 1. content of bromates is no higher than 10 µg /l; 2. content of total trihalogenmenthanes is no higher than 100 µg /l; 3. content of aluminium is no higher than 200 µg /l; 4. content of iron is no higher than 200 µg /l; 5. content of manganese is no higher than 50 µg /l; 6. content of KMnO4 is no higher than 5 mg/ O2l.

It is planned to amend the Regulations of the Cabinet of Ministers of the Republic of Latvia On Obligatory Requirements for Harmless of Drinking Water till the middle of 2002 and revise some of the parameters and respective standards of drinking water harmlessness (for example for content of total trihalogenmethanes). The amendments will strengthen certain requirements towards those of the EU and define the timeframe for gradual implementation of the EU requirements.

Assessing all the available information and making amendments to the Regulations of the Cabinet of Ministers On Obligatory Requirements for Harmless of Drinking Water (till the middle of 2002), the general highest permissible manganese level in drinking water during the transitional period (till the end of 2015) will be reduced to 0,1 mg/l. In certain geographical areas, where compliance with the increased requirement is not feasible, different harmlessness standards will be set.

Transitional measures are necessary for the whole territory of Latvia for all the other parameters where Latvia has requested transitional period because the non-compliance is mainly result of poor quality of water supply networks throughout the territory of Latvia. Before drafting amendments to the Regulations of the Cabinet of Ministers On Obligatory Requirements for Harmlessness of Drinking Water, Latvia will assess the possibility to shorten the transitional periods for bromates and trihalogenmethan, adjusting it with the time schedule set in the directive.

From the 6 parameters listed above only first 2 relate to Annex I Part B values of the Directive, while the other 4 relate to Annex I Part C, where according to Directive Article 5 the values need be fixed only for monitoring purposes and for the fulfilment of the obligations imposed in Article 8 of

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the Directive. However for Bromate and Trihalomethanes the Directive already grants transitional period of 10 years, i.e. until 25 December 2008.

Two basic reasons supporting the need for transitional period are following:

1) Typical properties of Latvian groundwater are high concentrations of several chemical elements and ions, so additional and expensive treatment is needed to comply with the EU limit values. For instance natural iron (Fe) concentrations in groundwater are 0.3 – 5 mg/l, where only 200 µg/l are acceptable according to the EU Drinking Water Directive. According to National Environmental Health Centre, 58,1% of drinking water samples were not complying with chemical standards in 2000, basically due to the high iron content. Similarly, increased background level of manganese (Mn) is typical, also high concentrations of sulphate (SO4) and chloride (Cl-) ions are common in coastal areas. As the proprieties mentioned occur due to the natural enrichment, it cannot be regarded as a contamination. Non-compliance with the parameters mentioned does not create significant risks for public health. However, the required drinking water quality shall be achieved via extended drinking water treatment. As currently most of the towns and settlements have poor iron removal plants or even do not have them at all, time and heavy investments are needed to construct and upgrade these plants. Moreover, it is taken into account that also other sectors need investments, for instance to ensure control of industrial pollution or to establish proper urban wastewater collection and treatment system.

Due to natural reasons there is increased manganese level in drinking water in Latvia. Increased manganese level is typical to all regions in Latvia in groundwater because usually there are underground water layers with increased manganese concentration in every water output place. In surface water manganese is not a problem, however only Riga city partially abstract water from the surface water.

The table “List of projects for iron removal” in Annex 15 presents the investments for currently completed, ongoing or in short-term proposed projects for construction or reconstruction of iron removal plants in Latvia (only for those proposed projects cost has been shown, where feasibility studies are completed). The total amount for these projects is about 55 MEUR that is only small part of investments calculated for the period till year 2015, when the full compliance with EU directives will be reached (547 MEUR for drinking water sector – see Annex 14 table 15). The table also reflects the timing of the implementation of projects that corresponds to the implementation of wastewater projects.

Investments for iron removal plants can be significant part of investments for water supply sector. Part of projects listed in the Annex 15 deals only with the reconstruction of Iron removal projects and in many towns and cities the water supply network is divided in separate systems with its own treatment works, so the proposed short-term project can cover just most urgent needs, not the whole system.

2) Another issue that is being worked on is extension and replacement of water supply network, which also requires heavy investments. According to the Population Census 2000, 83 % of population is covered by centralised water supply network. Outdated and rusting iron networks decrease the quality of supplied water. Quite often they are source of contamination, especially in terms of bacteriological pollution. These water supply networks are the basic reason why Latvia currently is not able to comply with the requirements of the Article 6 (1) of the directive 98/83/EC.

To avoid negative impact on public health, significant improvements in water treatment and networks conditions have to be achieved. The only sound solution would be replacement of the existing network, but appropriate time and financial resources shall be allocated for this purpose, as totally about 60% of water supply networks shall be replaced in Latvia. Currently only in 10 towns projects for improvement of drinking water quality have been completed, where the process of Iron removal ensures the full compliance with the EU requirements for drinking water supplied into centralized water supply system and another 10 projects are ongoing.

Network extension also will need heavy investments to provide as more as possible inhabitants with the quality drinking water. More detailed information on these components is presented in the Directive Specific Implementation and Financing Plan for Drinking water directive (see Annex 14).

Microbiological and chemical pollution of drinking water

Specialists of the Environmental Health Centre carry out microbiological and chemical sampling of drinking water according to the established drinking water monitoring programme (see Annex 16).

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Uniform sampling methods are used, allowing comparing results and achieving objective quality assessment, as well as detecting changes in the long run.

A total of 957 water pipes were tested in 2000 in the framework of the drinking water quality monitoring programme.

A total of 14 440 drinking water samples were tested in 2000 in the framework of monitoring: 1) for chemical parameters - 7081 samples:

- 1298 from subsurface springs; - 5783 from the distribution network;

2) or microbiological parameters - 7359 samples: - 1316 from subsurface springs; - 6043 from the distribution network.

Samples not complying with Latvian standards: 1) by chemical parameters - 4118 samples (58.1%):

- 805 from subsurface springs; - 3313 from the distribution network;

2) by microbiological parameters - 482 samples (6.5%): - 79 from subsurface springs; - 403 from the distribution network.

About half of the population receive drinking water that fails to comply with chemical parameters (mainly iron and manganese) and 6% - microbiological parameters.

In comparison to 1999, the quality of water obtained from subsurface springs has not changed, while in the distribution network inconsistency has slightly increased with regard to chemical parameters (51% in 1999, 58% in 2000), but decreased with regard to microbiological parameters (10% in 1999, 6.47% in 2000). The increased chemical pollution level (mainly – iron) indicates that there is a necessity to renovate drinking water supply equipment. Whereas the decreased microbiological pollution shows, that drinking water has become healthier and drinking water inspection is more effective.

In Latvia drinking water is obtained from groundwater that is free from microbiological pollution and does not require additional disinfection of the obtained water. Only in Riga drinking water is obtained from surface water. Disinfection with ozone gas has been introduced in Riga in 2001.

Riga city and Riga region can account for the best water quality with regard to both chemical and microbiological parameters (inconsistency with chemical parameters stands at 20.7% in subsurface springs and 11.6% in the distribution network, inconsistency with microbiological parameters in the distribution network at 1%).

Higher incidence of inconsistency with microbiological parameters than the national average was detected in the regions of Tukums (7.8%), Ventspils (8%), Rēzekne (9.9%), Gulbene (10.8%) and Jēkabpils (11.3%).

According to monitoring data for 2000, no microbiological pollution was detected in subsurface springs in Riga and Jelgava regions.

The microbiological pollution parameter most frequently exceeded in drinking water in Latvia is coliform bacteria. In average drinking water samples, which do not comply with the requirements, contain 3 – 5 colony forming units. During the last years the number of the units have never exceeded 10.

Microbiological pollution level in drinking water is closely connected with the technical conditions of drinking water supply network. Therefore the decrease of microbiological pollution should be connected with the implementation of the investment programme (see Annex 14).

Since one of the harmless drinking water factors is enhancement of water supply network in living-houses, housing credit system is developed in Latvia.

In accordance to drinking water quality monitoring results, microbiological pollution is discovered only in few cases in small concentration and there is no need to take measures throughout the whole territory of Latvia. In the discovered cases microbiological pollution is successfully prevented using temporary disinfections measures and pollution source liquidation. Therefore it is evident that taking measures (according to the Implementation and Financing Plan for Implementation of the Council Directive 98/83/EC) to improve technical condition of centralized water supply system and efficiency of disinfections practice in Latvia simultaneously with decrease of drinking water chemical pollution will decrease significantly possibility of microbiological pollution. Due to that

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measures for preventing microbiological pollution in drinking water was not emphasized separately in the above mentioned implementation plan.

As a result it can be outlined, that drinking water microbiological pollution is not a significant problem in Latvia. During last 3 years there has not been registered any case of infection disease expansion, which has originated in microbiological pollution in water.

Disinfection of drinking water

Water supply companies of the big cities are equipped with water chlorinating systems and in all other towns and settlements water pipe networks are chlorinated.

To ensure safety of water consumption, disinfection of water processing and supply installations is carried out. Disinfection of water takes place in case of necessity, as determined by Latvian legislation.

Paragraph 125 of Regulations of the Cabinet of Ministers (01.02.2000) Construction regulations - External Networks and Constructions of Water Supply sets methods of water disinfection and dosage of reagents depending on water consumption and quality, efficiency of decontamination and conditions of supply. Depending on water quality indicators and according to requirements of the environmental health service, water disinfection may be permanent or periodical.

Paragraph 126 of the same regulations states that disinfection of pipework (including tankers, water-towers, settling site and network) shall be carried out before commencement of exploitation, after emergency repair and for preventive purposes at least twice a year, as well as in case contamination has taken place. Disinfection of water supply drill holes before commencement of exploitation is mandatory.

Paragraph 127 states that chlorine, ozone, ultraviolet rays, potassic permanganate and other means that ensure adequate drinking water quality may be used for disinfection. In practice, chlorine is used most commonly. In Riga, ozone is used as well. Manufacturer is obliged to control efficiency of disinfection.

Despite the above-mentioned measures, there are cases of pollution detected, as described above. The main reasons are poor quality of drinking water supply equipment (especially in buildings) and water pipe accidents.

Monitoring of drinking water quality and information to the public

The parameters for which the transition measure has been requested are assessed within the drinking water monitoring programme.

Environmental Health Centres (EHC) provide information on drinking water monitoring results both to the population (through mass media) and governmental institutions (State Sanitary Inspectorate (SSI) and the Ministry of Welfare). In cases if pollution which could constitute a potential danger to human health has been determined in drinking water, EHC immediately informs in written form National Environmental Health Centre, SSI, local authorities, water producers and consumers about the current situation and proposals for further actions. The cause of the determined pollution and its potential danger is assessed by an EHC expert, who in case of necessity can organize additional investigations.

In case if SSI has determined that drinking water does not comply with the requirements, the drinking water producer shall immediately accomplish all necessary corrective measures to ensure that drinking water quality complies with the requirements. SSI orders the producer to inform the population about the non-compliance and in case of necessity ensure consumers with an alternative water supply.

Harmlessness of drinking water is of great importance in Latvia, therefore it is evaluated in the Environmental Health Action plan (accepted in 16 June 1997) and Public Health strategy (accepted in 6 March 2001).

Environmental Health indicator system, which also includes Water indicator group, is currently under elaboration. The water indicator group will also cover drinking water indicators. It is expected that the indicator system will be implemented till 2005 and the Water group will be implemented as priority. Therefore the drinking water monitoring, assessment of the results (including risk) and circulation of information on monitoring results will be additionally strengthened.

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In the framework of drinking water control, State Sanitary Inspectorate performs the following activities aimed at ensuring compliance of drinking water quality with specified requirements:

• Requires manufacturers to carry out secondary measures for improvement of drinking water quality: irrigation of waterpipes, disinfection of water supply system both for preventive purposes and in case of necessity;

• Requires manufacturer to set up a plan of activities, specifying short term and long-term activities for improvement of drinking water quality, including installation of filters, irrigation of waterpipes, establishment of new water intake places. Elaboration of such plans is the main requirement to implement investment projects;

• In case of treat to human health SSI has rights to temporarily stop the water supply from the water producing enterprise according to the Law on the Procedure of Suspension of Manufactories, Institutions and Organisations.

State Sanitary Inspectorate (SSI) and local Environmental Health Centres (EHC) inform corresponding local authorities, water producers and the population about every case of pollution. The producers also have responsibility to provide the information to the population.

Using National Environmental Health Centre regularly published “Epidemiological Bulletin”, as well as through mass media, the population is constantly informed about the influence of noncompliant drinking water on human health and about epidemiological situation and the following actions for improving epidemiological situation.

Responsibility to inform the population about drinking water quality is foreseen in: • the paragraph No. 8 of the Law On Safety of Goods and Services; • the paragraph No. 20 of the Law On Supervision of Food Circulation.

Drinking water monitoring in Latvia is carried out in accordance with the instructions on drinking water quality monitoring, accepted by the National Environmental Health Centre’s order No. 212 (4 December 2000) (see Annex 16).

Drinking water sample gathering frequency is planned in accordance to the Annex 2, paragraph No. 2 of the Regulations of the Cabinet of Ministers (CM) On Obligatory Requirements for Harmlessness of Drinking Water. Samples have to be gathered before water supply into networks and at the networks (in 1 till 3 sample sites, according to average daily supplied water amount).

Water gathering and analysis is carried out in accordance with unified standards.

When laboratorial analysis of drinking water parameters is finished, the responsible specialist evaluates the values according to the Regulations On Obligatory Requirements for Harmlessness of Drinking Water.

Drinking water monitoring programme in Latvia needs to be improved. In order to objectively assess the situation in the country, the number of gathered samples should be increased, the list of analysed parameters should be improved (the parameters for which transitional measures have been requested should be monitored more widely), control of parameters included in Annex 1, paragraph No. 2 should be developed further (including audit monitoring).

For this purpose additional funding (660 000 EUR) for drinking water monitoring programme will be provided. Latvia will ensure full compliance with EU drinking water monitoring requirements upon accession.

On the basis of the abovementioned information and taking into account heavy investment costs, Latvia maintains the request for the transitional period till 31 December 2015 to ensure full compliance with the requirements of the EU Drinking Water Directive (98/83/EC). During the transitional period Latvia will take the necessary measures to avoid negative impact on public health from non-compliance with the requirements of the directive. Considering that in Latvia investment projects for drinking water and waste water treatment are being implemented attendant, transition period for these directives should be of similar length.

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Bathing Water Directive (76/160/EEC)

In accordance with the Regulations of the Cabinet of Ministers On the Establishment of Hygienic Requirements in Bathing Areas, which transposes Bathing Water Directive, monitoring of bathing waters is carried out by Environmental Health Centres subordinated to the Ministry of Welfare. The enforcement of the Regulations is controlled by the State Sanitary Inspection.

Regulations On Bathing Areas Management and Sanitary Requirements will be amended by 1 January 2003, in order to transpose all the remaining requirements of the Bathing Water Directive.

Latvia is an active player in the European ‘’Blue flags’’ for beaches campaign since 1998. In 1999 Latvia received one blue flag and two certificates, in 2000 two blue flags, in 2001 received three flags and one certificate.

In order to ensure supervision of water quality in bathing sites in Latvia, water quality monitoring programme is implemented by Environmental Health Centres supervised by the Ministry of Welfare.

In accordance with the Regulations of the Cabinet of Ministers (CM) No. 300 (11 February 1998) On Bathing Areas Management and Sanitary Requirements, Environmental Health Centres start bathing water quality testing two weeks before bathing season begins and continues through all the bathing season (from 01.05. till 30.09.), taking bathing water samples at least once in two weeks. Water quality in every bathing site is tested using microbiological, physical and chemical parameters.

To date, full compliance with the monitoring requirements set in the directive has been achieved only in limited number of bathing sites. Latvia has set 149 bathing sites, whereas monitoring is carried out in compliance with the directive at 32 sites. In 2000 1141 bathing water samples from 32 officially registered bathing sites were gathered. 606 samples were used in microbiological tests. 15% of them (91 samples) did not comply with the requirements. From 535 samples that were used in chemical tests, 14% (75 samples) did not comply with the requirements. Nevertheless, the deviations from the requirements were insignificant. During the last 5 years there have been no cases in Latvia, when chemical or microbiological pollution in bathing areas could constitute danger to public health. Currently there are 117 bathing sites in Latvia, where additional water monitoring shall be carried out. In all bathing places Latvia will ensure monitoring according to requirements of the directive upon accession.

In order to ensure the quality of water in bathing sites, as well as to ensure that there is no harm to human health, the Regulations of the CM (paragraphs No. 11, 12, 16, 17, 18, 19 and 20) provide various requirements, for example:

• water in bathing sites must comply with the quality parametric values determined in the regulations; • bathing sites shall not be located in ports, industrial enterprises and in territories of any objects with heightened risk or at their shelter belts. • drainage of sewage and breeding of water birds is restricted in bathing areas; • presence and use of motorised water vehicles (water-bicycles, motorboats, ships) in bathing areas are prohibited, except vehicles belonging to rescue and inspection institutions; • animal presence in bathing areas is prohibited.

In cases, when SSI has discovered any of the above-mentioned violations, the illegal action shall be immediately interrupted and administrative sanctions can be applied. In accordance to the 8th paragraph of the Law on Epidemiological Safety, in cases when there is a threat of expansion of infection diseases, SSI and Environmental Health centres require local authorities to close bathing sites or restrict their usage. In 2001 there has been 1 case, when SSI has recommended local authorities to close a bathing site, which subsequently was closed. So far there have been no more such cases.

Within the framework of monitoring, bathing water quality laboratorial investigation results are assessed by Environmental Health Centre specialists and their following assessment shall be provided within 24 hours. National Environmental Health Centre informs the population about the quality of water in bathing sites. The owner of bathing site has to ensure that information on the quality of water is accessible also at bathing areas. In the bathing season of 1999 due to microbiological pollution bathing was temporary prohibited in 10 occasions in 6 bathing sites, in 2000 – in 20 occasions in 13 bathing sites.

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There is no direct correlation with the emissions from urban waste water treatment plants and the quality of bathing water. There are many factors that influence bathing water quality, for example nitrates and phosphorus pollution from agriculture sources, which has decreased significantly during the 90ties. So the measures for the control of bathing water quality, and measures to inform inhabitants are not directly linked with the implementation of UWWD.

For the reduction of total pollution load to the environment and improvement of water quality in Baltic Sea and inland waters, including bathing waters, investment programme for development of water supply and wastewater services in Latvia has been developed and implemented since 1995. The projects included in this programme ensure quality of urban wastewater discharges to fresh waters and coastal waters in compliance with the requirements of Urban Waste Water Treatment Directive, also supporting the implementation of Bathing Water Directive, which lays down the biological, chemical and physical water quality standards.

Currently improvements to the quality of receiving waters have been achieved through the implementation of investment projects in largest cities - Rīga, Daugavpils and Liepāja, and many other smaller towns (for more detailed information see Annex 12).

The Ministry of Welfare is already working on a new monitoring programme, which will be in compliance with the requirements of the Directive. It has evaluated the necessary investments and maintenance costs and will ensure the necessary additional monitoring upon accession.

With regard to the fact that no transitional periods may be acceptable for monitoring provisions, the Latvian government has reconsidered its position on this issue and committed itself to provide the necessary steps in order to achieve compliance upon accession. Cost assessment of the full implementation of the directive has been carried out. Necessary investment costs regarding laboratory equipment is 89 000 EUR. Additionally to that annual costs (personnel and maintenance costs) are 483 000 EUR. The Latvian government has already included these costs in the budgetary proposal. According to the revised position, the necessary resources will be provided till 1 January 2003.

Therefore, Latvia will ensure compliance with the monitoring requirements of the Bathing Water Directive upon accession and adopt bathing water quality improvement programme by accession at the latest. Directive concerning the protection of waters against pollution caused by nitrates from agricultural sources (91/676/EEC)

See implementation programme of the Nitrates directive in Annex 17.

According to the new Law On Pollution (adopted in Parliament on 15 March 2001), Latvia will ensure full transposition of the Directive until 1 January 2002 by adopting Regulations of the Cabinet of Ministers On the Protection of Waters and Soil Against Pollution Caused by Nitrates from Agricultural Sources and on Vulnerable Zones Subject to Special Requirements for Protection Against Pollution Caused by Nitrates. Also vulnerable zones will be designated by that time. Latvia will adopt Regulations of the Cabinet of Ministers On action programmes in respect of vulnerable zones within 2 years after the date of designation, but no later than upon accession to the EU.

Designation of vulnerable zones has been performed using GIS procedures (overlay of 9 factor maps were used taking into account weight of each factor). The resulting map shows different levels of agricultural impact (1-100 points), and 4 subgroups were used (impact of the agriculture was graduated in four groups). The proposed result (territory of vulnerable zone) covers most fertile agricultural soils of the Latvia – all main areas where intensive agricultural activities are foreseen in the coming years, and also ground water extraction region (Riga).

An indicator for the eutrophication in run-off from agricultural catchments, inland and marine waters in Latvia are nutrient concentrations (N, P), chlorophyll concentrations, N/P ratio, deviation of N and P from reference (natural background) values and trends in changes of these indicators. The eutrophication of the Gulf of Riga started to decrease since 1990 e.g. nitrogen decreased to the level of 1970 (see Annex II). Therefore Gulf of Riga was deleted from the list of HELCOM hot spots in November 2000 (decision LD-16 HELCOM PITF 17/2000, hot spot No 37, Gulf of Riga Management).

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Minimum storage capacity, taking into account climate and length of the vegetation period for agricultural crop, is 6 months for solid manure and 8 months for slurry and urine (GAP Code for Latvia). HELCOM Annex III on Agriculture has minimal demands 6 months for the organic manure. Cost assessment for the manure storages in the proposed vulnerable zone has been carried out. Costs of manure storage are 26.68 M EUR (see Annex 17 table 7-8). It is planned that approximately 50% of the costs will be covered from the private resources and the remaining 50% from SAPARD programme, Structural funds after accession as well as State subsidies. Costs may reach approximately 170 million EUR per country if the whole territory of Latvia was designated as the vulnerable zone.

Taking into account information mentioned above currently enlargement of the proposed vulnerable zones is not necessary from the environmental point of view and not feasible from the economical point of view.

After further clarification and taking into account that action programme for vulnerable zones will be adopted before accession, Latvia changes its position regarding the directive on protection of waters against pollution caused by nitrates from agricultural sources (91/676/EEC) and withdraws its request for transitional period. Latvia will adopt the action programme for vulnerable zones upon accession. Action programme will be implemented within 4 years from its adoption.

Dangerous substances directive (76/464/EEC) Currently the Cabinet of Ministers (CM) Regulations 155 On water use permits provides general regulatory framework for any discharges into aquatic environment. According to Paragraph 3 of these Regulations, it is mandatory for any water use (which includes both extraction and discharges) to obtain a water use permit. Paragraph 23 demands monitoring requirements and emission standards to be included in the permit conditions, where Annex 14 lays down emission limit values for 4 dangerous substances – Cd, Hg, HCH and CCl4. These limit values fully correspond with those provided by the relevant EU directives (83/513/EEC, 84/156/EEC, 84/491/EEC and 86/280/EEC) and shall be used as a basis for emission standards. Paragraph 24 requires pre-treatment of the industrial waste water. Article 15.4 of the Latvian Law on Subsoil states that one of the main requirements on the protection of subsoil is: “subsoil shall be used precluding pollution caused by ecologically dangerous substances, stored in surface and underground constructions and storage places, and waste water”. This article delegates to the Cabinet of Ministers the authority to set specific and legally binding requirements concerning groundwater protection against pollution caused by dangerous substances.

There is an operating permitting system applicable to any discharges of pollutants into water environment, which is set up by the Regulations of the Cabinet of Ministers On Water Use Permits from 1997. These Regulations prohibit any discharge of dangerous substances in the water. In the case if dangerous substances are used in industries, the pre-treatment is an obligatory demand. This demand covers both direct discharges into the water and to the industrial connections to the municipal sewerage.

However, Latvian legislation does not include all necessary provisions related to the dangerous substances under Directive 76/464/EEC and its daughter directives. Therefore specific Regulations of the Cabinet of Ministers On Waste Water Emission Limit Values are currently under development to fill this gap and the adoption of the new document is planned at the end of 2001, according to the Law On Pollution (adopted in Parliament on 15 March 2001).

It is planned that Latvian Regulations will enter into force in the beginning of 2002. Provisions of these Regulations shall take into account several Latvian legal acts, which determine restrictions on the import, production, spreading and/or use of some dangerous substances referred to in the Daughter Directives. So, Paragraph 4 of the CM Regulations 406 On the protection of ozone layer (it transposes Council Regulation 2037/2000) states that “it is prohibited to produce and import substances belonging to groups 1, 2, 4, 5 and 7 referred to in Annex 1 as from 1 January 2001”. Group 1 and 2 includes chlorofluorocarbons, Group 4 – CCl4 (carbon tetrachloride). All these substances are referred to in Annex 2 of the Directive 86/280/EEC. Groups 5 and 7 contain substances that deplete ozone layer and are not referred to in the Directive. Also CM Regulations 107 On prohibited plant protection products prohibit import, spreading and use of plants protection products, which contain: mercury compounds (referred to in the Directive 84/156/EEC), aldrin,

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dieldrin, endrin, DDT, 1,2 – dichloroethane (referred to in the Directive 86/280/EEC) and hexachlorocyclohexane (referred to in the Directive 84/491/EEC) (see Annex 18).

Latvian List I and List II will be fully based on the lists under Dangerous Substances Directive. It is planned that Latvian Regulations On waste water emission limit values will include List I and List II of families and groups of substances taken directly from the Directive 76/464/EEC. Besides that, Latvian List I will include 17 specific substances regulated by the Daughter Directives. Latvian List II will include specific dangerous substances belonging to the families and groups mentioned in the Directive 76/464/EEC. These specific substances will be nominated on the basis of the above-mentioned families and groups, the inventory of dangerous substances relevant for Latvia and taking into account Commission Communication to the Council of 22 June 1982. At the moment only outdated proposal for Latvian List II (including specific substances) is available. Latvian specialists together with Danish experts are currently revising it. This work will be completed by October 1, 2001, and Latvia will provide the list to the EU as soon as possible.

The heavy recession in the industry of the entire region after 1990, and in the Latvian industry at this case in particular, resulted in the difficulties to get a real picture on the substances, which are in use by the industries at this moment. The last inventories on dangerous substances were completed in the years when former industries were stopped completely or had reduced their production many times. Even in the acting industries many of the technologies are not under regular use and amounts of chemicals are very small (see Annex 18 for the Latvian industries that currently have List I substance emissions). There may be few amendments to the list after the repeated inventory, which will be carried out by the Regional Environmental Boards and Latvian Environment Agency till 1 April 2002.

Identification of probable List II substances was carried out in 1999 within the framework of Latvian – Danish project “Assistance to the Latvian Ministry of Environmental Protection and Regional Development for approximation of legislation and regulations in the water sector, Latvia”. The following information sources were used to identify dangerous substances relevant for Latvia: annual report “Ūdens – 2” (“Water – 2”, which includes information on all discharges, their amounts and specific substances discharged in Latvia during the year), annual report “4 – KP” (includes information on chemical substances and chemical products, imported, produced and used by Latvian industries), Report on pesticides used in Latvia, as well as monitoring data from Hydrometeorological Agency. Also relevant EU documents as well as Danish legal acts were studied. On the basis of this investigation, proposal for an inventory of List II substances was developed, including 117 specific substances and chemical products. This proposal is currently under revision; this work will be completed by October 1, 2001. It is planned that Latvian Environment Agency will gather and collect information on List I and List II substances and will include it in the pollutant emission register based initially on EPER mandatory substances.

Initially pollutant emissions register will be developed as a local branch of European Pollutant Emission Register, which provides for control of 26 dangerous substances in the aquatic environment. These 26 substances belong to the groups and families named in Dangerous Substances Directive. Later the number of substances controlled by the register might be increased, to include other substances belonging to the List I and List II.

For the inventory of discharges, required under Article 11 of the Dangerous Substances Directive, currently Regional Environmental Boards issue permits for all discharges into waters and register these permits, as well as any amendments to the permit conditions. Information about the permits and their conditions is sent to the Latvian Environment Agency and collected there. Such practice will be used in the future as well. It means that all discharges into water, including those of dangerous substances, are registered and there is no need to establish a separate inventory.

Pollution reduction programmes for list II substances will be adopted according to the Article 17 of the Law On Pollution. (“Article 17. Implementation programmes for environmental quality standards and action programmes for pollution reduction

(1) If the limit values related to certain pollution are exceeded or are likely to be exceeded, or in other cases prescribed by legislation, the Ministry of Environmental Protection and Regional Development or other institutions, which have this duty according to legislation, shall develop implementation programmes for environmental quality standards or action programmes aiming at pollution reduction within certain areas or within the national territory. The programmes shall specify:

1) the purpose of pollution reduction; 2) emission limit values for certain substances and a prohibition to emit certain pollutants;

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3) specific measures to reduce emissions arising from different sectors of the national economy, in particular, transport, energy industries, agriculture and forestry; 4) financial sources for implementation of the programmes.

(2) The Cabinet of Ministers or, in cases determined in legislation, relevant local governments shall approve the implementation programmes for environmental quality standards or action programmes for pollution reduction.”)

The programmes will provide a transparent, comprehensive and coherent structure. The programmes will include deadlines for the implementation of the measures included in the programmes. The programmes will be adopted before accession and will be legally binding.

Implementation programmes for environmental quality standards will be introduced in cases and for areas that will be incompliance with environmental quality standards. Action programmes will be prepared in cases where the EU directives require such programmes.

Latvia is aware of “Guidance Document on elements for pollution reduction programmes under Article 7 of Council Directive 76/464/EEC” and has taken it into account when developing the new Regulations On waste water emission limit values. This programme (programmes) will be adopted by the Cabinet of Ministers according to the provision of the Law on Pollution on the Action programmes.

Definition of the Category A, B and C polluting activities is provided in Chapter 4 of the Law on Pollution (relevant articles follow in the Annex 19). Their purpose is to establish different permitting regime, taking into account pollution load and impact on the environment and human health caused by each type of the activities. All category A activities (those carried out by IPPC installations) and category B activities will be subject to a prior permit, while category C activities (causing insignificant pollution) will be subject to the notification only. The relevance to Dangerous Substances Directive is the following: new integrated permitting system will be established both for Category A and Category B activities. These permits will cover all types of pollution, including water pollution by Dangerous Substances. It is planned to state that all polluting activities (production processes etc.) that lead to discharges of dangerous substances, should be at least Category B activities and therefore require a permit. In the following relevant articles of the Law on Pollution are provided. CM regulations issued under this law will provide more specific provisions on application for a permit and permit conditions, including those imposed by Dangerous Substances and its Daughter Directives.

Currently surface water monitoring is ensured by the Latvian Hydrometeorological Agency, but groundwater monitoring by the State Geological Survey. Surface water monitoring network includes 123 sampling stations where samples are taken 6 – 24 times per year. For List I substances, the state surface water monitoring programme controls following parameters: mercury and its compounds (Group 5 of List I), cadmium and its compounds (Group 6 of List I). For List II substances, following parameters are monitored: heavy metals (Pb, Cr, Cu, Ni, Zn) and their compounds (Group 1 of List II), phosphorus and its inorganic compounds, expressed as Ptot and P – PO4 (Group 5 of List II), oily products (Group 6 of List II) nitrogen compounds, expressed as N-NO2, N-NO3, N-NH4, Ntot (Group 8 of List II). The monitoring programme also covers AOX, oily products and detergents, which are under families and groups of List I.

Besides that, all dischargers are required to monitor the above-mentioned parameters plus some additional ones, which are not relevant to List I or List II (BOD, COD). Regional Environmental Boards lay down permit conditions, including emission standards for above mentioned parameters and requirements concerning frequency of monitoring and methods of analysis. Monitoring of other - specific List I and List II substances will be required as soon as there is appropriate legal basis (Regulations On waste water emission limit values, to be in force as from beginning 2002).

It is planned to upgrade the monitoring network so that to ensure monitoring of all substances included in the List I. Latvian Environment Agency does not envisage technical problems with monitoring of List II substances. Latvian Government has allocated additional 170 000 EUR for the monitoring program in 2002 mainly for the improvement of water monitoring.

The new water sector legislation will clearly distinguish between the effluent monitoring (which will generally be the responsibility of the operator, but will be also carried out by environmental authorities for control purposes) and monitoring of the water quality. Proposed Regulations On waste water emission limit values will generally address monitoring of the effluents, while proposed

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Regulations On surface and groundwater quality (entry into force planned for beginning 2002) – that of the water quality.

The institutional system for the implementation of the directive is already in place. The permits will be issued by Regional Environmental Boards. State Environmental Impact Assessment Bureau is designated as central institution responsible for appeals and for BAT information and permits database. State Environmental Inspectorate and inspectors in the Regional Environmental Boards are responsible for implementing the enforcement regime. Latvian Environment Agency is responsible for collecting of the monitoring information, as well as for the pollutant emission register, which will be introduced from 2002. Inventory of discharges of dangerous substances according to the Article 11 of the directive 76/464/EEC will be included in the pollutant emission register.

There are no specific costs regarding institutional system, because all permitting and enforcement institutions are in place. Some training may be necessary for the Latvian institutions; however, training costs are included in the general budget. Institutional strengthening of State environmental inspectorate regarding additional personal and training mainly for IPPC purposes, but this relates also to the dangerous substances, is planned for 2001/2002.

The costs for IPPC installations regarding dangerous substances are included in overall cost assessment. There is no calculation regarding other enterprises. However, these all will be private sector costs.

Latvia provides a checklist of steps to be taken, together with timetables, to ensure compliance upon accession (see Annex 19). Latvia has reassessed its request and taking into account that no transitional period may be granted for monitoring Latvia has allocated additional financial resources for water monitoring and changes its position regarding Dangerous substances directive (76/464/EEC) by withdrawing the previously requested transition period. Latvia will implement provisions of the directive 76/464/EEC related to List I substances and adopt pollution reduction programme regarding List II substances before accession. Groundwater Directive 80/68/EEC

According to the new Law On Pollution (adopted on 15 March 2001, in force from 1 July 2001), Regulations of the Cabinet of Ministers On surface water and ground water quality will be adopted in the beginning of 2002. Therefore full transposition of this directive will be completed and the required permitting system in full compliance with the directive will be established before accession.

The requirements of the Groundwater Directive on prohibition of direct discharges of hazardous substances from the list 1 to the groundwater are already transposed in the Law on Subsoil and the Regulations of the Cabinet of Ministers On Water Use Permits since 1997. Currently any kind of direct discharges of waste water in the ground water is not permitted, even if this water does not contain dangerous substances from the List I.

The responsible institutions for issuing water use permits and integrated permits according to the Law on pollution are Regional environmental boards. State Environmental Inspectorate, as well as inspectors from the Regional environmental boards, are responsible for enforcement.

The responsible institution for ground water monitoring is State Geological Survey. Comprehensive ground water monitoring system in Latvia was introduced since 1959. In 1975 there were 600 control dwellings and 40 monitoring posts in Latvia. However, in the beginning of the 1990s the financing of ground water monitoring decreased. Still the monitoring continued on regular basis especially in the polluted areas. In 1996-1998 the ground water quality was tested in 26-56 dwellings. On 20 December 1999, State Programme for Groundwater Monitoring was adopted. According to the monitoring programme there is no need for investment costs for ground water monitoring, however additional annual operational costs are estimated at 50 000 EUR. Additional financing will be provided upon accession. By means of this programme, Latvia will ensure that the groundwater monitoring will fully comply with the EU requirements before accession. Latvian Environment Agency is responsible to include ground water monitoring information in the annual State of Environment reports. So the institutional system for the implementation of the directive is fully in palace. In the future the groundwater-monitoring programme will be adjusted in accordance with the time limits specified under the Water Framework Directive.

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The reason why Latvia required transitional period for this directive was because Latvia considered that directive contain requirements also for the reduction of indirect pollution of the ground waters from the contaminated sites. Latvia will need approximately 10 years to investigate and remediate past contaminated sites and reduce indirect pollution of ground water.

Taking into account that the Directive does not contain requirements for retroactive clean-ups, Latvia is changing its position on Groundwater Directive (80/68/EEC) and withdraws the previously required transitional period. Fish Waters Directive 78/659/EEC

Regulations of the Cabinet of Ministers On Water Use Permits, adopted in 1997, have set the water quality objectives for salmonydes for around 375 rivers and streams of Latvia and objectives for cyprinids for the rest of waters in accordance to the Directive 78/659/EEC. Elaboration of these regulations started in middle 90’s and the basic approach was to establish challenging water quality targets for coming twenty years, but not to set real standard for practical use. According to this approach not real salmon catch was used or even limited migration through the stream, but mainly high or potentially high water quality, stream velocity and the substrata. Investigations were very limited and records of the catch were not regular, therefore in practice the major part of these rivers cannot be considered as salmon rivers.

Water quality (biological indicators) in small streams is controlled annually by the Regional Environmental Boards, and the maps are being prepared once in five years. The available printed water quality maps show the real improvements of water quality during 1993 –1997. Control of water quality is ongoing and the next mapping will show the trends during 1998 – 2002.

Regular salmon’s monitoring was started in the middle 90-ties on the Salaca river as an essential part of the HELCOM’s monitoring programme on salmon. This monitoring has been carried out for almost ten years and confirms the high importance of the Salaca River as forth salmon river in the Baltic Sea catchments. Monitoring includes also ten of its main tributaries.

The bilateral Latvian –Danish project on water issues has started recently with the task to revise water quality objectives and to set clear standards. The Ministry of Environmental Protection and Regional Development, together with Latvian Fisheries Research Institute, has already set a draft list of salmon rivers of Latvia. This list includes the River Salaca with 10 tributaries, River Gauja with 22 tributaries, River Daugava with 12 tributaries, River Venta with 18 tributaries, 26 small streams directly falling into the Baltic Sea and 12 small streams falling into the Gulf of Riga. Hereby 100 rivers and streams in total are identified as potential salmon’s rivers. The Latvian Fisheries Research Institute is already preparing a programme for investigation of the mentioned rivers and streams for elaboration of the monitoring programme. The programme at the minimum level will cover all the mentioned salmon rivers already upon the accession. Full investigation of all tributaries and small streams considered as a salmon rivers will be completed in 2001 –2002.

Latvia will fully transpose this directive by 1 March 2002, when adoption of Regulations of the Cabinet of Ministers On surface and groundwater quality is planned, based on the new Law On Pollution (adopted by Parliament on 15 March 2001). By the date of accession, Latvia will have revised designation of salmonyd and cyprinid waters and will elaborate pollution prevention programme required under Article 5 of the Fish Water Directive, which allows Latvia to withdraw the previously requested transition period. The pollution prevention programme will be implemented within 5 years after its adoption. Latvia will fully ensure monitoring and sampling frequency corresponding with directive requirements upon accession. Latvia will institute a water monitoring programme corresponding with the Water Framework Directive requirements within the time period stipulated therein. See implementation plan in Annex 20.

Taking into account the foregoing, Latvia changes its position on Fish Waters Directive 78/659/EEC and withdraws the previously requested transition period.

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Nature protection

Birds (79/409/EEC) and Habitats (92/43/EEC) Directives The transposition of requirements of the Birds and Habitats Directives into the Latvian legislation will be finished by adopting amendments to the Law On Specially Protected Nature Territories planed by the end of year 2001 as well as amendments to General Regulations on Conservation and Use of the Specially Protected Nature Territories and Hunting Regulations which will be adopted by the middle of year 2002. The list of legal acts already in force is attached in Annex 21.

Birds Directive determines that Member states have to submit to the European Commission the list of special areas of conservation for the protection of birds in line with Paragraph 4 of Article 4 of the directive In the process of evaluating the most appropriate areas for the protection of birds, Latvia follows the scientific patterns, for example, the pattern of “Important Bird Areas” established by Birdlife International. The partner of this organization in Latvia is Latvian Ornithological Association. At the beginning of 2001, it published the book with the title “Bird areas of international importance in Latvia”. There are 61 areas described in the book. 54 areas are situated inland, whereas 7 areas are situated in the sea. The total terrestrial area of these sites constitutes 259 688 ha (4% of the national territory). Altogether, around 71% of all terrestrial areas are under the protection of the state – situated in the existing specially protected areas while for the remaining sites adequate protection status will be introduced by the accession at the latest. At the same time several particular projects have been started and are planed for more precise elaboration of specific requirements for IBAs in co-operation with Latvian Ornithological Society (Birdlife International partner in Latvia). These projects are aimed at sites without protection status. It is estimated that SPAs will cover approximately 4% of terrestrial territory of Latvia and 339470 ha of coastal waters.

Habitats Directive foresees the designation of sites of Community importance. Accession states are required to be ready to submit their proposals right after entering the European Union in order for Paragraphs 2., 3. and 4. of Article 6. of the Directive to start to operate. It implies that the protection of those areas should be ensured and environmental impact assessment should be carried out with regard to all undertakings likely to impact areas negatively.

Field surveys and inventories in the implementation plan are also carried out outside the already protected territories. There are field studies from previous periods used, as for example “Inventory of Pietlands of Latvia”, “Inventory of Grasslands”, “Inventory of Internationally Important Wetlands”. All available publications and project reports are used to recognize potential SCIs and SPAs

Under the leadership of the Nature protection department of the Ministry of Environmental Protection and Regional Development, a project “Preparation for Latvia’s Compliance with the EMERALD and NATURA 2000 Network of Protected Areas” has been launched (See Project implementation plan in Annex 22). The purpose of the project is to make inventory of all existing specially protected areas and identify how many species and habitats of Community importance are being protected in Latvia.

87 experts are involved in fieldwork and scientific analyses on which the SPA and SCI selection in 2001. For the field seasons 2001 and 2002 altogether 60 000 EUR are assigned for site inventories in field, 55 000 EUR for data analyses, Standard Data Form preparation and operation of Natura 2000 database, 22 000 EUR for field equipment and 23 000 EUR for transportation of field survey teams.

It is planned that inventory will be carried out also regarding special areas of conservation for the protection of birds. As the result of the project, territories that ought to be included in the list of special protection areas for conservation of bird species and sites of Community importance will be designated. The corresponding database and digitalized borders of protected territories will also be established. Simultaneously, the proposals for amendments into the list of specially protected areas will be elaborated in order to ensure the protection of areas at issue.

GIS is widely used in the process of selection of SCI and SPA, as well as in the process of selection of Natura 2000 sites. All boundaries of sites will be digitised at the scale 1:50 000, which corresponds to Latvian official digital base map. Administrations of larger sites (e.g. Engure Nature Park, Kemeri National Park, Gauja National Park etc.) have developed their own detailed digital maps, which allow detailed planning of conservation measures.

Moreover, GIS is used together with applications of remote sensing techniques (satellite imagery) in order to develop methods of assessment of habitat type representativity in potential SCIs and

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SPAs sites. Several recent projects have demonstrated that it is possible to analyse distribution and quality of at least some specific habitat types using these methods.

Starting from 2001, GPS receivers are widely used in field studies, which allows precise mapping of species record sites, as well as polygons of important habitats on digital maps.

Upon Latvia’s accession to the European Union, the proposals will have to be approved in the Parliament as specially protected nature areas of international importance, afterwards the list will be ready for submission to the European Commission.

The planned project activities include: 1. Review of current Protected territories. 2. Field surveys and inventories of distribution of habitats and species of Community interest. 3. Development and operation of Emerald (NATURA 2000) database. 4. Establishment of boundaries of SCIs and SPAs.

This will enable Latvia to produce a list of proposed sites of Community importance (92/43/EEC) and to designate special protection areas (79/409/EEC) – both upon accession. National legislation will provide for application of the Article 6(2), (3) and (4) of 92/43/EEC on the date of accession for all sites included in the national list and protection measures required under the Birds directive (79/409/EEC) also upon accession.

Maintenance of values of listed sites will be secured by a national protection status. Listed sites will remain protected nationally even if some of them will not be later granted NATURA 2000 status.

National EIA legislation has been brought in line with EU requirements (directives 85/337/EEC, 97/11/EC). Environmental impact assessment is needed for the developments that affect specially protected nature territories. It will refer to Natura 2000 sites as soon as these territories will be designated.

Rough estimate of the expected percentage of the national territory qualifying for proposed SCIs is 10%. It is made taking into account prognosis made by Latvian experts during preparatory phases for EMERALD/NATURA 2000 project.

See also Institutional development in the area of Nature Protection in Annex 23.

Taking into consideration additional clarification regarding the implementation of the Habitats and Birds directives as well as commitment of the Latvian Government to accelerate the implementation process and to allocate additional financing, Latvia is changing its position and withdraws its request for transitional periods regarding Birds (79/409/EEC) and Habitats (92/43/EEC) Directives.

Industrial pollution control and risk management

Directive 96/61/EC on integrated pollution prevention and control

In order to transpose the requirements of the directive 96/61/EC on industrial pollution prevention and control into the Latvian legislation, Law On Pollution has been adopted by the Parliament on 15 March 2001 and came in force on 1 July 2001.

Law On Pollution in English is available in MEPRD home page: http://www.varam.gov.lv/ein/Polution/likumd/latvijas/elikum.htm

With the adoption of Cabinet of Ministers Regulations On Application of Permit, Permitting and Use of Best Available Techniques for Category A (IPPC) Polluting Activities and Category B Polluting Activities for Waste Incineration (adopted on 17.07.2001.) transposition of IPPC directive has been completed.

According to the law, all industrial activities mentioned in the law (Annex of the law is identical to Annex I of the Directive) will be obliged to receive one integrated permit issued by Regional Environmental Boards. Integrated permitting system is required from 1 January 2002 for new installations and substantial changes in existing installations, permits for all existing installations will be introduced gradually till 2007.

According to the Law on Pollution there will be integrated permits both for new and existing installations. For existing installations the integrated permits will be issued gradually according to

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the time schedule adopted by the Cabinet of Ministers. During the period of time while existing installations will not have integrated permits they are obliged to have separate permits for air, waste and water. All separate permits, as well as integrated permits, are issued by the same institution – Regional Environmental Boards, so the environmental requirements in the permits will be coordinated.

Latvia indicates that installations in sectors with relatively low compliance cost should get permits before those with high compliance costs. All existing IPPC installations will need to have separate permits for waste, water and air while they will not have integrated permit. All operators are informed about the necessity to introduce BAT and about the necessity to prepare implementation plans. (See more detailed explanation in Annex 24 – explanatory summary).

The cost assessment of the implementation of the directive has been carried out in the framework of several technical assistance projects and updated by the experts of the Ministry of Environmental Protection and Regional Development; the necessary improvements have been assessed. Thereby, Latvia specifies its position related to the directive requirements to implement the Best Available Techniques and provides the revised list of IPPC enterprises and the transitional period specified on specific installation level (See Annex 25 table 1). The maximal transitional period has been reduced till year 2010. The transitional period will not apply to the new installations. There are no "new" IPPC installations in Latvia, which have received permit between 30 October 1999 and the 30 June 2001 and now plans to issue non-IPPC permits for any IPPC installation till the end of year 2001. The effect of the transitional periods on the competition issues will be minor, taking into account the fact that the transitional periods are comparatively short and all relative production cost gains from temporarily non-respect of the environmental standards will be outweighed by heavy investments required to adjust the production facilities. (For more detailed information see Annex 25 table 2).

Currently Latvian Hydrometeorologial Agency provides monitoring of transboundary pollution in compliance with the appropriate conventions Latvia has signed. Measurements of transmitted air pollutants are being taken at two places (Rucava and Zosēni) under the GAW (Global Atmospheric Watch) and EMEP (European Monitoring Evaluation Programme) and the measurement results are reported to the European and World Data Banks.

In the southwestern and western parts of Latvia and along the eastern coast of the Baltic Sea southwestern winds dominate. Therefore, the transboundary pollution from countries located to the south and west from Latvia in general influences air quality and increases concentrations of pollutants in Latvia. Transport of sulphur dioxide and nitrogen oxides from Western and Central Europe countries is one of the main problems in relation to air pollution in Latvia as well as in other Baltic countries. All the biggest rivers in Latvia (Daugava, Lielupe, Venta) are flowing from neighbouring countries, so there is no transboundary impact by means of waterways from Latvia to neighbouring countries.

According to the opinion of experts from the Ministry of Environmental Protection and Regional Development, the IPPC installations from the list (Annex 25 table 1) have not been pointed out as potential sources of transboundary water pollution. 2 existing IPPC installations for which transition period is requested could only theoretically be pointed out as the sources for transboundary air pollution: JSC "Latvenergo" Riga TEC-2 and JSC "Liepājas Metalurgs".

None of the enterprises where transitional period is requested is considered as Helcom Hot-spot.

The Annex 25 table 3 below includes characteristics of the annual emissions reported to the Environmental authorities and data on location for installations to which transitional period is requested.

There are no new large combustion plants according to the definition in the LCP directive. However Latvian legislation on LCP (Regulations on emissions from stationary sources) already in large extent complies with the new draft directive (the targets and timeframe are the same). Latvian regulations will be amended after the new EU directive will be adopted, tentatively till the end of 2002. When IPPC permits will be issued, requirements for the LCP will be taken into account.

In large combustion plants where the natural gas is used as fuel, no expensive measures will be necessary to comply with the emission limit values set by the new large combustion plants directive (still some more investments may be needed to comply with the IPPC requirements).

Environmental audit was carried out for TEC – 2, its summary is presented in Annex 25 table 4.

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Investments will be needed for combustion plants, which use heavy oil with high content of sulphur (above 1 %) and where other fuels are not used. In these cases there are three possible options:

1. Build a natural gas connections (pipelines) and change the fuel;

2. Use heavy oil with sulphur content less than 1 %;

3. Build desulphurisation facilities.

In year 2000 "Latvijas gāze" (enterprise – “Latvian gas”) in cooperation with Daugavpils City Council reconstructed Daugavpils Heating plant to be connected with pipeline of natural gas as well to use natural gas as a fuel. For these measures 1,8 MEUR have been invested. As a result there is full compliance with the emission limit values as set by large combustion plants directive.

Compliance with the requirements of IPPC Directive and large combustion plants directive will be achieved when the connections with natural gas pipelines are extended (with exemption of Ventspils, Rēzekne, Preiļi). Approximate cost assessment is 90 MEUR.

The institutional system for the implementation of the directive is already in place. Regional Environmental Boards are responsible for issuing integrated permits, comprising also requirements of all other relevant EU directives, as well as permitting temporary derogation if there is a rehabilitation plan. State Environment Impact Assessment Bureau is designated as central institution responsible for appeals and for BAT information and permits database.

State Environmental Inspectorate and inspectors in the Regional Environmental Boards are responsible for implementing the enforcement regime. Latvian Environment Agency is responsible for collecting of the monitoring information, as well as for the pollutant emission register, which will be introduced from 2002.

The necessary additional staff for the implementation of IPPC directive was ensured already from the beginning of this year – both for the Regional environmental boards and for the central institution – State environmental impact assessment bureau. Resources are provided also for the strengthening of State environmental inspectorate from the July 2001, so inspectorate will be able to introduce planned regular inspections for IPPC installations. Starting from January 2002 new division (5 persons) will be introduced in State Environmental inspectorate working specifically with IPPC and Seveso installations. Training programmes are necessary and they are ongoing. During previous and this year the training programmes have been financed by Danish technical assistance projects and co-financed from Latvian Environmental protection fund. The training programmes will be continued also for next years and it is planned that for this purpose approximately 30 000 EUR financing will be allocated annually from the Latvian Environmental Protection Fund. See the implementation plan of EU IPPC Directive in Latvia in Annex 24.

Directive 88/609/EEC on large combustion plants

After the clarification of the situation regarding large combustion plants, it is specified that there are no large combustion plants in Latvia, which can be considered as “new” in the directive meaning. The requirements of the directive are fully transposed in the Latvian legislation and all the new large combustion plant construction projects must comply with the directive requirements. Existing large combustion plants (in the directive meaning) fall under the provisions of the Latvian legislation implementing the IPPC Directive (see Annex 25 table 1 – installations nr.1-22).

Latvia provides the emission data necessary to update Annex I and II for Directive 88/609/EEC.

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TABLE 7 CEILINGS AND REDUCTION TARGETS FOR EMISSIONS OF SO 2 FROM EXISTING LATVIAN LARGE COMBUSTION PLANTS

0 1 2 3 4 5 6 7 8 9 Emission ceiling (k tonnes/year)

% reduction over 1980 emissions

% reduction over adjusted 1980 emissions 7

Phase 1 Phase 2 Phase 3 Phase 1 Phase 2 Phase 3 Phase 1 Phase 2 Phase 3

SO2 emissions by large

combustion plants 1980

k tonnes

1993 1998 2003 1993 1998 2003 1993 1998 2003

40 30 25 - 30 - 50 - 60 - 30 -50 - 60 TABLE 8 CEILINGS AND REDUCTION TARGETS FOR EMISSIONS OF NO X FROM EXISTING LATVIAN LARGE

COMBUSTION PLANTS 0 1 2 3 4 5 6

Emission ceiling (k tonnes/year)

% reduction over 1980 emissions

% reduction over adjusted 1980

emissions 4 Phase 1 Phase 2 Phase 1 Phase 2 Phase 1 Phase 2

NOx emissions by large

combustion plants 1980 k

tonnes 1993 1998 1993 1998 1993 1998 10 9.3 - 4 - 10 - 4 - 10

Emissions in base year 1980: SO2 – 60.2 kt NOx – 10.4 kt Hereby Latvia is clarifying its position and withdraws its request for transitional period for Directive 88/609/EEC on large combustion plants.

Directive 96/82/EC on control of major accident hazards (Seveso II)

Regulations of the Cabinet of Ministers On Procedure for Prevention of Risk of Industrial Accidents and Risk reduction Measures, fully transposing directive 96/82/EC (Seveso II) into the Latvian legislation came in force from July 2001. These regulations define the institutional structure for implementation of the directive. (See implementation programme in Annex 26).

The deadlines for the industrial operators to submit notifications, safety reports and internal emergency plans are set by Regulations No 259 On Order of industrial accidental risk assessment and risk reduction measures accepted by the Cabinet of Ministers on 19.06.2001, which fully transpose Seveso II directive. Latvia does not anticipate major difficulties for operators to submit notifications (01.02. 2002. - see Annex 26 - Fig. 6.1.), because most of identified Seveso-establishments have only one or few dangerous substances. To improve quality of notifications, especially if notifiers should use addition of dangerous substances (directive 96/82/EC, Annex I, 4.), a specific explanatory paper on use of mentioned addition will be prepared for notifiers till end September 2001.

According to the deadlines set by the Regulations No 259, operators have approximately one year to prepare safety report and to revise the existing or prepare new internal emergency plans.

The Ministry of Environmental Protection and Regional Development has envisaged a workshop to explain issues about safety reports in the beginning of 2002. EU Guidance on the preparation of a Safety Report to meet requirements of Council directive 96/82/EC (Seveso II) is translated into Latvian. Operators will be provided with the mentioned Guidance and additional guidelines on hazards and risk assessment.

Evaluation of existing safety management and measures taken by Seveso targeted identified establishments was encouraged by the Ministry of Environmental Protection and Regional Development and done by SCC "Risks & Audits". Almost all of evaluated establishments have internal emergency plan, have arrangements for warning and most of them have exercises/ training 7 There are no adjusted emission data for year 1980.

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together with State Fire Fighting and Rescue Service (SFFRS) on a regular basis, also because these measures are required by Civil Protection Law (1992). According to the Latvian "Seveso Regulation", Operator may use for Seveso purposes the assessment or documentation, which is elaborated for other purposes, if this documentation complies with the requirements of the “Seveso Regulation”. Therefore the main task is to revise and up-date these internal emergency plans and evaluate whether these plans are in compliance with the requirements of the Seveso II directive.

Notifications

The Ministry of Environmental Protection and Regional Development has envisaged a workshop in September - October 2001 for representatives of Environmental Protection Boards together with notifiers to explain the unclear issues about evaluation of notifications, and in particular about addition of dangerous substances (directive 96/82/EC, Annex I, 4.).

Ministry of Environmental Protection and Regional Development has budget allocation for 2001 for the introduction of the SPIRS (to enter the name, hazardous substances etc. of identified Seveso installations), evaluation of data structure and requirements of the SPIRS software (how it's fit to Latvian needs). Institution, which will introduce the SPIRS, is Latvian Environment Agency.

Safety reports assessment

The Latvian government has included in draft State budget for 2002 year additional 90 000 EUR to establish a division for assessment of safety reports in State Environmental Impact Assessment Bureau by increasing the number of staff (additionally 10 employees) in order to deal with assessment of safety reports and domino effects.

Seveso establishments are identified and included in the National Plan according to the requirements on territorial planning. Risk prioritisation for these establishments has been carried out, according to IAEA Manual for the classification and prioritisation of risks due to major accidents in process and related industries, and rough estimation of consequences was made using software ALOHA 5.2.

Inspections

The responsible institution for inspections is the State Environmental Inspectorate. The Latvian “Seveso Regulation” requires also involving other institutions (State Fire Fighting and Rescue Service and State Labour Inspectorate) in the inspection, because there are systems of fire safety, labour safety and dangerous equipments (including pressure equipments) inspections. Latvia plans to focus Seveso Inspections on Safety management system inspection and chemicals management system inspection, and to assess the compliance with requirements on fire, labour and equipment safety according to existing standards, experience and inspections.

State Environmental Inspectorate will employ one person from the autumn of 2001, who will prepare Inspection programme for the next (2002) year. Starting from January 2002 a new division (5 persons) will be introduced in State Environmental inspectorate working specifically with IPPC and Seveso installations.

The Ministry of Environmental Protection and Regional Development has envisaged one workshop to explain issues about inspections to other involved institutions in November 2001. Inspectors will be provided with guidelines based on EU Guidance on Inspections as required by Article 18 of Council directive 96/82/EC.

The Ministry of Environmental Protection and Regional Development has received budget allocation in 2001 for the mentioned seminar and guidelines. In the year 2002 about 24 000 EUR (with training costs) will be allocated, but for year 2003 - 15 000 EUR. These calculations include that all establishments, which need safety report, will be inspected in 2002 year, i.e. about 20 establishments in total, or 2 establishments per month, will have to be inspected.

According to the Civil Protection Law (1992), territorial emergency plans are prepared by local authorities and State Fire Fighting and Rescue Services. Therefore the main task is to revise and up-date these territorial emergency plans and evaluate whether these plans are in compliance with Seveso II directive requirements. The difference between existing territorial emergency plans and external emergency plans is that the existing territorial emergency plans include arrangements for all identified emergencies and hazardous installations in the territory of the municipality.

Central State Fire Fighting and Rescue Services has Civil Protection Department with 15 employees, which deal with emergency preparedness and planning issues, and also Fire Safety Supervision Department with 5 employees for project, plan and building supervision and 5

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employees for supervision of preventive issues. Preparation of territorial emergency plans is dealt with by regional units of State Fire Fighting and Rescue Services (26 regional units) together with local authorities, but these plans have to be accepted by Central SFFRS. Number of staff dealing with supervision and emergency planning is sufficient in general, however training will be carried out in order to ensure preparedness to the requirements of Seveso directive.

State Fire Fighting and Rescue Services (SFFRS) have Technical Fire Safety School for training. Investments for the necessary technical equipment and inventory for providing environment investigation in the place of accident necessary for the State Fire Fighting and Rescue Service, as shown in Annex 26 (Fig.4.1), are necessary to deal with all chemical accidents (not only with accidents in Seveso establishments). Therefore these investments are needed regardless of Seveso requirements, and cannot be considered as implementation costs.

Other involved institutions will carry out their functions according to their existing responsibilities, i.e., there are no additional costs envisaged. The Ministry of Environmental Protection and Regional will inform these institutions about the specific requirements of Seveso directive, which they shall take into account.

Taking into account the significance of the Directive 96/82/EC on control of major accident hazards (Seveso II) to human safety and the fact that the national legal act transposing the Directive was in the process of adoption, the Latvian Government was able to shorten the deadlines for implementation of the Directive, therefore Latvia is changing its position and withdraws the previously requested transitional period.

Council Directive 94/67/EC on the incineration of hazardous waste and Directive 2000/76/EC on the incineration of waste

With the adoption of Cabinet of Ministers Regulations On Application of Permit, Permitting and Use of Best Available Techniques for Category A (IPPC) Polluting Activities and Category B Polluting Activities for Waste Incineration (adopted on 17.07.2001.) and Cabinet of Ministers Regulations On Requirements for Incineration of Waste and for Operation of Waste Incineration Plants (adopted on 17.07.2001) full transposition has been completed.

If the installation has the capacity according to the annex I of the IPPC directive it will receive category A (IPPC) permit otherwise it will be category B permit (also integrated permit). In all cases public will be consulted according to the requirements of the directive.

According to the regulations the new installations will have to receive permit according to the requirements of the directive. Installations which will receive permit up till 28 December 2002 will be considered as “existing installations” and may be granted some exemptions regarding emission limit values till 2005, however, they must comply with the requirements of directive 94/67/EC. All these derogations are in compliance with the directive 2000/76/EC.

There is one hazardous waste incineration installation in Latvia (in Cena municipality), which is currently not operating (does not have a permit). There are 3 co-incineration facilities. According to existing plans a new waste incineration plant will be built (see also information in Annex 6). The new incinerator to be built according to the implementation plan of HW directive will be in full compliance with the requirements of the directive 2000/76/EC.

Currently the waste co-incineration facilities in Broceni cement kiln are in line with EU requirements because of the investments (private financing) already done. Some additional investments will be needed to comply with the IPPC requirements for cement production, this information will be revised when the permit will be issued in 2002 according to the new Latvian regulations on waste incineration.

As determined from the technical data from Broceni and analysis of measurements done by the professional environmental assessment company SIA “Vide”, the technological process of incineration in Broceni cement kiln ensures compliance with EU environmental requirements, with the exception of dust particle emissions from the cement production. Investments for installation of electro-precipitators will be necessary to reduce the solid particle emissions to acceptable levels. Up to now a total of more than 900 000 EUR have been invested in Broceni waste utilisation technologies in the form of a facility for incineration of whole waste tyres (May 1998) – 370 000 EUR, a multifunctional burner (June 2001) – 230 000 EUR and for utilisation of Sulphuric Acid Tar Waste (SATW) – 320 000 EUR. The multifunctional burner allows for use of shredded solid waste materials as well as liquids, such as waste oils and SATW.

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There may be transitional periods according to the Latvian legislation for the implementation of some of the emission limit values similar to those foreseen in the directive 2000/76/EC. The institutional system for permitting and inspection is already in place. The permits will be issued by Regional Environmental Boards. IPPC directive will be taken into account when issuing permits. State Environmental Impact Assessment Bureau will work as central institution regarding appeals. State Environmental Inspectorate and Regional Environmental Boards are responsible for inspection. Previously the transitional period was requested with regard to the existing installations. However, new incinerators will be built and the existing installations will have either to comply with the requirements of the directive upon accession or will be shut down.

There are no specific costs regarding institutional system, because all permitting and enforcement institutions are in place. Some training may be necessary for the Latvian institutions; however, training costs are included in the general budget.

The costs for new hazardous waste incinerator that will be built by the Ministry of Environmental Protection and Regional Development are included in chapter hazardous waste management; however, these costs cannot be considered as implementation costs of this directive. All other costs will be private sector costs. The costs for other installations, except Broceni, are not calculated. It will be the task of the operator to ensure compliance with the permit requirements. Information on these costs will be available till July of 2002, which is the deadline for the permit application.

Hereby Latvia has no requests regarding the directive 2000/76/EC on incineration of waste and withdraws its request for transitional period for the directive 94/67/EC on hazardous waste incineration.

Directive 1999/13/EC on the limitation of emissions of volatile organic compounds due to the use of organic solvents in certain activities and installations

In order to implement the directive 1999/13/EC, a joint Latvian - German project has been launched to transpose the provisions of the directive into the Latvian legislation, to prepare an inventory of emissions and installations, and an implementation and financing plan. Under this project, draft Regulations of the Cabinet of Ministers have been elaborated, fully transposing directive provisions, as well as an overall inventory of volatile organic compounds from certain activities and installations determined by the directive has been prepared. According to the inventory, the total annual emissions of VOC in 1999 were 3600 t/year. Most part of the emissions ~2520 t/year are related to petrol stations and terminals. Approximately 250 enterprises have VOC emissions more than 100 kg/year. The VOC installations list is included in Annex 27.

The institutional system for the implementation of the directive is already in place and responsibilities of institutions are the same as for IPPC directive.

It is evident from the overall inventory data that implementation of the directive in the time period stipulated therein will cause no major problems, therefore no transitional period is necessary. It is planned to prepare the directive implementation and financing plan by the end of 2001 and to adopt the relevant Regulations of the Cabinet of Ministers, ensuring full transposition of the directive in the early 2002.

Latvia will implement thresholds and emission control system according to Annex IIA of the directive and the reduction schemes (Annex IIB). Latvia will not use the possibility of adopting National Plan.

Hereby Latvia clarifies its position and lifts the reserve regarding implementation of the directive 1999/13/EC on the limitation of emissions of volatile organic compounds due to the use of organic solvents in certain activities and installations.

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Chemicals and genetically modified organisms

Directive 87/217/EEC on prevention and reduction of environmental pollution by asbestos

Asbestos containing materials have been used in Latvia since the 1900s, but the most widespread use started at the beginning of 1940s when the Broceni cement plant started the production of asbestos cement slates. Since there are no asbestos mines in Latvia, almost all asbestos used in Latvia is imported. Since 1 January 2001, it is prohibited to import raw asbestos, to produce and to place on the market products containing asbestos, if they are not marked in accordance with the relevant registration on identification and marking on chemicals and chemical preparations. Therefore it can be assumed that amount of asbestos waste from production of asbestos will decrease.

Broceni cement plant has started elimination of asbestos production at the site, as it has started introduced production of metal slates. Use of asbestos has been prohibited in Lithuania, which is one of the major importers of construction materials in Latvia.

In 2000 a Finnish company SCC VIATEK prepared a report “Development of Asbestos Waste Management System in Latvia”. In accordance with this report it is estimated that there are accumulated approximately 220 000 tons of asbestos and 2 253 000 tons of asbestos containing products, mainly in the form of asbestos cement and asbestos cement products. It is also estimated that yearly are generated 11 000 tons of pure asbestos waste and 103 000 tons of waste from asbestos containing materials, mainly from the asbestos cement products.

It is planned that Cabinet of Ministers Regulations on environmental pollution generated by use of asbestos and working on products containing asbestos an on the management of asbestos waste will be adopted by the end of 2001. These regulations will legally transpose requirements of the Directive 97/217/EEC and they will contain more detailed provisions for the management of asbestos waste. Draft regulations contain a transitional period until the end of year 2004, during which it will be allowed to dispose of asbestos waste at the dumps for municipal waste. Asbestos shall be packed in double plastic bags and buried in ground separately from other disposed waste. The waste burial site shall be marked.

Regulations of the Cabinet of Ministers On Restrictions and Prohibitions on the Use and Marketing of Dangerous Chemical Products (adopted on 25 April 2000) provide for restricted use and putting on the market of all types of asbestos, starting from 1 January 2001. The use of already existing asbestos containing products however is not limited. The remaining issues of the directive 87/217/EEC will be fully transposed into the Latvian legislation till the end of 2001 by adopting Regulations of the Cabinet of Ministers On Pollution Caused by Asbestos.

The institutional system for the implementation of the EU requirements regarding asbestos is in place. The Regional Environmental Boards (REBs) are responsible for issuing permits for emissions into air and for setting emission limits. The operator of installation is responsible for monitoring of emissions in accordance with plan approved by the REB. State Labour Protection Inspection is issuing guidance for the work safety issues for persons handling asbestos and asbestos waste.

To minimise the negative impact on health of workers, the employer shall take the following measures:

• Reduce amount of used asbestos,

• Reduce number of employees that might be subject to negative impact on health,

• Plan activities in a way to avoid emission of asbestos fibres into working environment. In case it is not applicable, asbestos fibres shall be collected as close as possible to emission source,

• Ensure periodic cleaning of working places,

• Provide workers with individual protection means.

In case of demolition of buildings, structures and installations containing asbestos the following preventive measures shall be taken:

• All above described measures,

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• Operator shall submit a plan of demolition to State Labour Protection Inspectorate.

The materials containing asbestos can be transported only in special packaging.

Upon accession Latvia will implement all EU requirements regarding asbestos except safe disposal of asbestos containing waste in the hazardous waste landfill. The same requirements as for landfilling of hazardous waste relate to asbestos, therefore full implementation of the directive 87/217/EEC is very closely linked with the implementation of directive 91/689/EEC on hazardous waste. (See Annex 6 on implementation of HW directive)

It is planned that a special landfill for the disposal of asbestos waste will be operational in 2004. Estimated costs of such landfill are 2.3 millions EUR. The source of financing will be LEPF8.

The costs for implementation of directive 87/217/EEC are included in total costs for Hazardous Waste management (see also Annex 6 chapter 6 - on investment plan for development of hazardous waste final disposal landfill).

Hereby Latvia is clarifying its position on directive 87/217/EEC on asbestos and asks for transitional period for safe disposal of asbestos containing hazardous waste in appropriate hazardous waste landfill (Article 8 of the Directive 87/217/EEC) till the end of 2004.

Directive 98/8/EC on the placing on the market of biocidal products

The Ministry of Environmental Protection and Regional Development and Ministry of Welfare are the responsible institutions for policy development and for elaboration of legislation related to chemical substances, chemical products and biocides.

National Environmental Health Centre subordinated to the Ministry of Welfare carries out hygiene assessment of several biocides and will make risk assessment of new chemical substances, existing substances and biocides to human health, by involving experts from Medical Academy, Work and Environmental Health Institute and Latvian Toxicology Information Centre.

Chemical Register’s division of Latvian Environment Agency will accept applications of new chemical substances and will provide risk assessment of new chemical substances, existing substances and biocides.

Directive 98/8/EC on biocides will be fully transposed into the Latvian legislation by the end of 2002 when Regulations of the Cabinet of Ministers On Activities with Biocides will be adopted. The permits for biocides will be issued and risk assessment will be started from the beginning of 2003.

See Annex 28 - The costs and timetable for transposition and implementation of directive 98/8/EC on the placing on the market of biocidal products.

Regulation 793/93 on existing substances Administrative Capacity:

Chemicals Bureau: currently 3 employees, who are chemists with background training for environmental science. Foreseen number of employees from beginning of 2003 is 9 persons, including 2 additional persons to deal with risk assessment and risk reduction.

Additional costs, including training costs, are calculated as about 28 500 EUR for the year 2003, but starting with year 2004 - 19 000 EUR annually.

Staff of Chemicals Bureau and experts for human health risk assessment from National Environmental Health Centre will be trained on risk assessment methodology in 2002 -2003.

Latvia's experts shall need software for risk assessment, and importers and producers who will have to report data shall need software for data reporting.

Laboratory Department of Latvian Environment Agency (LEA) provides the system of environment quality testing laboratories, which will operate according to the requirements of the EU acquis. The Law On Conformity assessment (1996) also provides for procedure of use of foreign laboratories to test chemical properties, including toxicity and ecotoxicity, by producers, users or importers of chemicals. 8 See the relevant footnote nr. 1 above describing the functions of Latvian Environmental Protection Fund

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Regulation 2455/92/EEC on export and import

Latvia has ensured following preparatory measures towards adequate implementation of the regulation by the date of accession.

Under Plant protection law (1998) regulation on prohibited plant protection products (2000) initially based on directive 79/117/EEC has been adopted. This Latvian Regulation forbids the same plant protection products, which are under requirements of Regulation 2455/92, for example mercury compounds (mercury oxide, mercury chloride (calomel), alkyl mercury compounds etc.), persistent organo-chlorine compounds (aldrin, chlordane, DDT etc.), nitrofen, 1,2 dibromoethane, dichloroethane etc.

PCB, PCT, PBB, crocidolite etc. chemicals banned or severely restricted by Regulation 2455/92 (Annex I - use limitation) are restricted or prohibited by the Latvian Regulations on Restrictions and Limitation on the Marketing and Use of Certain Dangerous Chemical Substances and Chemical Preparations (2000) based on Directive 76/769/EEC.

Latvia will designate Competent Authorities for information exchange about export and import of certain dangerous chemicals and plans acceding to the Rotterdam Convention till the end of 2002.

Latvia will be prepared to deal in the full compliance with requirements of Regulation EEC/2455/92 till end of 2002. Real implementation of Regulation EEC/2455/92 will take place upon accession.

Administrative Capacity:

Chemicals Bureau: currently 3 employees, who are chemists with background training for environmental science. Foreseen number of employees from beginning of 2003 is 9 persons, including 1 person who will ensure the correct performance of the procedure required by the Regulation 2455/92.

In the year 2003, additional financing of 16 200 EUR (including office equipment and training costs) will have to be allocated, and starting with year 2004 - 9 000 EUR annually.

The staff will be trained on risk assessment methodology used for purposes of directive 93/67/EEC and Regulation EC/1488/94 in 2002-2003.

Directive 86/609 on protection of laboratory animals

Under Animal protection law (1999), Regulations of the Cabinet of Ministers On keeping, using, trading animals for experimental and scientific purposes are prepared by the Ministry of Agriculture, and are currently in the co-ordination process with other ministries. It is planned that Regulations, which will ensure full compliance with the EU directive, will come into force from 1 January 2002.

Regulations will be fully implemented by the end of 2002 at the latest.

Food and Veterinary Service (Subordinated to the Ministry of Agriculture) will assume the function of the Designated Authorities for the purpose of the Directive.

Food and Veterinary Service includes central administrative apparatus, district veterinary boards and veterinary laboratories. Administrative staff - 152 employees; staff dealing with supervision - 343 employees; and technical staff - 248 employees.

Currently, there is one inspector at the Food and Veterinary Service responsible for the protection of laboratory animals. It is planned to employ one additional inspector. The required qualifications for these inspectors include the diploma of veterinarian and a certificate for work with laboratory animals.

Training course to meet the training needs of administration and laboratory employees about specific requirements of Directive 86/609 on protection of laboratory animals are scheduled to December 2001.

Before starting animal experiment, permit issued by the Food and Veterinary Service is required. Conclusion from the Animal Protection Council is required before permit is issued. The person who requires permit submits to the Food and Veterinary Service application with detailed information and with description of the experiment. So the Food and Veterinary Service has collected all the

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information on animal experiments. After the adoption of the draft regulations mentioned above the requirements for the statistics will be fully in line with the requirements of the directive.

It is envisaged in the draft regulations that the Food and Veterinary Service will have right to revoke the licence in case the required information is not provided.

Genetically modified organisms (Directives 90/219 and 90/220)

On 19 September 2000 the Cabinet of Ministers adopted Regulations for the Use and Distribution of Genetically Modified Organisms (in force from 15 October 2000). These Regulations aim to implement the Directive 90/219/EEC, as amended by Directive 98/81/EEC, and Directive 90/220/EEC.

Competent Authorities are Ministry of Welfare and Ministry of Environmental Protection and Regional Development. In future Ministry of Agriculture will be involved as a Competent Authority. Advisory Board in Latvia is Monitoring Council of Genetically Modified Organisms.

The Regulations provide general requirements for the contained use, deliberate release into the environment, and placing on the market of GMOs, with a view to prevent harm to human health, animals, biological diversity, property or the environment.

In addition to general provisions, the Regulations contain notification and permit requirements for certain activities. The Regulations contain a transitional provision for products already being in circulation before the adoption of the Regulations. This provision correlates with the Regulations of the Cabinet of Ministers on Labelling of Foodstuffs.

The Ministry of Welfare issues permits for the contained use and placing on the market of GMOs. The Ministry of Environmental Protection and Regional Development issues permits for deliberate release of GMOs into the environment.

For technical advice, the Monitoring Council of Genetically Modified Organisms has been established by the Regulations of the Cabinet of Ministers of 19 September 2000. This Council is a co-ordinating and consultative institution for advice and information with regard to prevention or reduction of the potentially harmful effect on human health and the environment of the contained use, release into the environment, and placing on the market of genetically modified organisms. Under the Regulations, it is foreseen that the Council will inform the public on the use of GMOs in Latvia.

According to Article 4 of the Regulations of the Cabinet of Ministers No 322 (19 September 2000) On Monitoring Council of Genetically Modified Organisms, the Council shall include a representative of each of the following institutions:

• Ministry of Environmental Protection and Regional Development; • National Plant Protection Service of the Ministry of Agriculture; • Latvian Food Centre; • Ministry of Economy; • Latvian Academy of Science (two representatives); • Faculty of Biology of the University of Latvia; • Environmental Impact Assessment Board; • Organization of Latvian specialists in genetics and selection.

Membership of the Council is approved by the Minister of Welfare (Order No 301, (31 October 2000). The term of office of members of the Council is five years.

Current staff of Monitoring Council is 9 members, including 5 PhD’s in the field of molecular biology and genetic engineering. 3 of them are authors of numerous articles published during last years and members of international projects, e.g. “Molecular monitoring and pathological role of HCV, HGV and altered HBV genomes in the Baltic region” (1998-2001); an INCO-Copernicus RTD project “Artificial chimeric proteins as diagnostic, vaccine, and gene therapy” (2000-2002); “Quality of Life and Management of Living Resources” (EC 5th Framework).

In the nearest future Latvia foresees to increase the number of the staff of the Monitoring Council by adding new tasks/functions of Novel foods (particularly Novel technologies) and enlarging the staff with 3 members of PhD qualification, Professors, specialists in the field of Novel technologies.

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Monitoring Council of Genetically Modified Organisms is a co-ordinating and consultative institution for the purpose of preventing or reducing the potentially harmful effect on human health and the environment of the contained use, release into the environment and placing on the market of genetically modified organisms, as well as consulting monitoring institutions and consumers, providing recommendations and informing the public on the circulation of modified organisms.

The practical enforcement of existing legal base in Latvia is carried out at the present moment by: - State Sanitary Inspection; - State Plant Protection Service; - State Environment Inspection.

The education and training of above mentioned inspectors are carried out by regular activities of NordBalt, Project: “Novel Food, Technical Assistance to Harmonisation and Implementation of Legislation” between Latvian Food Centre and the Danish Ministry of Foreign Affairs. The purpose of the project is to ensure harmlessness of Novel Food, including Genetically Modified Products, by decreasing the impact of harmful and risk factors on the public health. Matra projects and BEF (Baltic Environmental Forum) are also taking place in the form of seminars, workshops and training courses. These projects foresee activities in future in correspondence to the existing training needs.

The purpose of the ongoing project: “Novel Food, Technical Assistance to Harmonisation and Implementation of Legislation” between Latvian Food Centre and the Danish Ministry of Foreign Affairs is to ensure harmlessness of Novel Food, including Genetically Modified Products, by decreasing the impact of harmful and risk factors on the public health. The main activities of the Project are:

• Technical assistance to specify the requirements for an official food control system in relation to Novel Foods; a specification of the elements of the food control system comprising inspection, paper control, laboratory requirements, e.g. analytical equipment, inter-calibration, filing and reporting systems for Novel Foods.

• Technical assistance to define the requirements of Novel Foods to be included in a national register /database on Food Safety and Quality; defined requirements for Novel Foods for a set up of a national register/database on Food Safety and Quality.

Planned activities:

• A workshop with the primary aim to define how the consumers should be informed, including a public approach to inform mass media; defined requirements for an information strategy towards consumers and mass media taking actual and practical problems into consideration.

• Technical assistance to prepare a Latvian strategy for consumer and mass media information; a defined information strategy for consumers and mass media.

Latvia has experts in the areas of molecular biology, genetic engineering, good laboratory skills necessary for risk assessment, modern methods and analytical methods and analytical support.

An investment project for equipment the GMO testing labs in Latvia with modern methods (PCR, DNA – sequencing, ELISA methods) has been submitted to the Government. Latvia is looking forward to the accreditation of these labs at EU level, including proficiency testing, interlaboratory calibration.

According to Article 3 of the Regulation No 322 (19 September 2000) On Monitoring Council of Genetically Modified Organisms, the Council may: obtain information necessary for the work of the Council from institutions of Government administration, businesses and companies (regardless of the form of their structure and ownership), as provided in normative acts, invite experts with appropriate education and experience (genetic engineering, cell biology, agro-biology etc.) to address matters within its competence in order to provide consultations and expertise on the contained use of modified organisms, their release into the environment and placing on the market.

Regulation (EC) 2037/2000 on substances that deplete the ozone layer

By the end of 2001 Latvia will adopt amendments to the Regulations of the Cabinet of Ministers On the Protection of Ozone Layer adopted on the 9 December 1997, therefore transposing into the

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Latvian legislation the requirements of the Regulation 2037/2000/EC on substances that deplete the ozone layer.

According to the Regulation (EC) 2037/2000 (Annex III) and draft amendments to the national Regulations On Ozone Layer Protection, Latvia is intended to place on the market the following amounts of HCFC and CFC (expressed in ODP tonnes):

Table 9 Substance

For 12 month periods from 1 January to 31 December

Group I Group VIIIx

1999

2000

2001

2002

2003

2004

2005

2006

2007

2008

2009

2010

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36 0

5 5 5

4.4

2.25

1.5

1.5

1.5

1.5

1.25

1.25 0

x Base level for imports of HCFC for year 1989 is 5.3 ODP tonnes

Latvia is importer of HCFC and CFC.

Base level for consumption of HCFC has been estimated in 1995 on the basis of questionnaires received from importers and users of HCFC. Based on this data, the Country Programme "For phasing Out Ozone Depleting Substances under the Montreal Protocol" has been developed and adopted by the Cabinet of Ministers in 1995. The quantitative limits for importers placing HCFC and CFC on the Latvian market (Table 9 above) is calculated on the basis of Article 4 of Regulation (EC) No 2037/2000 on substances that deplete the ozone layer for the period after 1 January 2003. For the period before 1 January 2003, the quantitative limits have been estimated according to provisions of Montreal Protocol and specific Decisions of Parties to the Montreal Protocol.

For the purposes of successful implementation of Regulation (EC) No 2037/2000 of the European Parliament and of the Council of 29 June 2000 on the substances that deplete ozone layer by the accession to EU Latvia wishes not to import products containing HCFC.

The use of only the Combined Nomenclature (CN) codes of Annex V of Regulation No 2037/2000 for control of import products containing HCFC is not yet effective measure because of these codes is still not widely used. Therefore additional measures to restrict import of products containing HCFC could be advisable.

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In the years 1996, 1997 and 1998 for quarantine and pre-shipment Latvia used the following amounts of methyl bromide:

Table 10

Year For quarantine and pre-shipment (ODP tonnes)

1996 1997 1998

3.05 11.58 4.97

Taking into account that Latvia has not requested Halon-2401 for Critical uses under the Montreal Protocol "On Ozone Depleting Substances" of Vienna Convention "On Ozone Layer Protection", Latvia does not intend to require European Commission to include into the list of Critical Uses of Halon (Annex VII of Regulation No 2037/2000 of the European Parliament and of the Council of 29 June 2000 on substances that deplete the ozone layer).

Latvia will provide full compliance to the EU Regulation EC/2037/2000 upon accession.

Nuclear safety and radiation protection

Directive 97/43/Euratom on health protection of individuals against ionising radiation in relation to medical exposure

According to the new Law on Radiation Protection and Nuclear Safety, the Cabinet of Ministers will adopt Regulations On protection against ionising radiation in relation to medical exposure by the end of 2001, providing full transposition of the directive.

From 1998 to May 2001, 260 licences and 33 permits were issued in Latvia for activities with radioactive substances and other ionising radiation sources in relation to medical exposure.

At the beginning of this year, 59 stationer radio-diagnostic equipment units were not provided with electronoptical image intensificat techniques (further EOP), 37 of them were regularly exploited. Article 8 point 4 of the Directive prohibits use of such equipment without EOP in EC from 13 May 2000.

The necessary improvements and investments to achieve compliance with the directive: Use of radioscopy without EOP in Latvia is allowed by the end of 2005, but this deadline depends on the available investments. If Latvia receives external support, the relevant activities could be finished earlier. In order to solve this problem, new radiological equipment is necessary, because the reconstruction of 32 existing radiological equipment units is not possible due to limits in technology. The total necessary investments to purchase new technology are 6 300 000 EUR.

It is necessary to equip stationer and mobile radiological equipment (each X-ray lamp) with patient dose measure equipment. Total costs of this equipment are 810 000 EUR

Thereby, Latvia will ensure that the replaced not compliant equipment will not be put on the market. It is necessary to purchase equipment for radiation safety, patient dose optimisation and quality control measurements, which costs 850 000 EUR. In order to implement the requirement of the directive 97/43/Euratom (Article 9.1 paragraph 3) stating that Member States shall ensure that appropriate radiological equipment, practical techniques and ancillary equipment are used for the medical exposure as part of a health screening programme, it is necessary to provide fluoroscopy equipment with digital picture processing equipment, which at the same time reduces received radiation dose. The costs of the programme by keeping the old fluoroscopy equipment are 5 043 000 EUR.

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Table 11 Activity related to requirements of Directive Planned time for full

implementation To stop any use of radiodiagnostic equipment without image intensification

30.06.2003

Replacement of out-dated radiological equipment in diagnostics

31.12.2005

Installation of dose monitoring system for radiological investigations to the children

31.12.2002

Assembling of all diagnostic equipment with dose monitoring systems

31.12.2005

Upgrading of radiation protection, optimisation and QA/QC measurement equipment for Regulatory Body (RB) and Technical Support organizations (TSO)

31.12.2003

Installation of digital picture processing systems for fluoroscopic equipment

31.12.2003

Full implementation of QC on State level by RB and TSO 31.12.2003 Training, education and re-training of all personnel (including new experts)

31.12.2002

Updating of educational programs and syllabus 31.12.2001 Implementation of full QA programme for dental practices 31.12.2005 Implementation of new syllabus for radiation safety at all relevant education centres

01.09.2003

* The investment programme will be implemented gradually according to the state investment programme, and taking into account the private sector investments. Latvian provides a detailed timetable of actions related to the exchange and supplementation of radiological equipment necessary for fulfilling the requirements of Directive 97/43/Euratom, and related financial costs:

The draft plan on the structure of state healthcare provision is in the process of preparation within the Health Reform Project, which is credited by the World Bank, and is being negotiated with local governments. The deadline for the submission of the plan to the Cabinet of Ministers is 31 December 2001. Upon approval of this plan, a detailed timetable will be prepared with description of actions and envisaged expenses, then Latvia will submit it to the EU. It is planned to carry out optimisation of national infrastructure for the X-ray diagnostics during the time period of 1998-2004, where planning phase is envisaged to be completed in 2001 and the implementation – during 2002-2004. The main characteristics - the total number of relevant medical facilities (financed by the State) will be reduced to ~ 50. The programme is financed from the State Investment programme with involvement of the World Bank.

Establishment and enhancement of independent state supervisory system: • 2000-2001 enhancement of regulatory infrastructure (new regulatory authority, Radiation Safety Centre, was established in July 2001). Radiation Safety Centre is an independent Regulatory Authority and supervised by the Ministry of Environmental Protection and Regional Development. The planned number of employees of the Centre is 31, the operational expenses are covered by the state budget (since June 2001, average annual budget ~ 350 000 EUR), the establishment expenses - by the Latvian Environmental Protection Fund9 (~350 000 EUR) and will be sponsored by the Swedish Nuclear Power Inspectorate (up to 100 000 EUR); • 2000-2002 updating of secondary level legal documents. The new regulations on medical exposures will be in force from 2002, but for licensing, set of regulations was approved in July 2001:

1. Statutes of Radiation Safety Centre; 2. Regulations on practices with sources of ionizing radiation that do not require special permit (licence) or permit; 3. Regulations on state duty for issuance of special permit (licence) or permit for practices with sources of ionizing radiation;

9 See the relevant footnote nr. 1 above describing the functions of Latvian Environmental Protection Fund

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4. Procedure on issuance of special permits (licences) or permits for practices with sources of ionizing radiation and procedure on public hearing on establishment of ionizing radiation facilities of state significance or significant modifications thereof; 5. Criteria for receipt of special permit (licence) or permit for practices with sources of ionizing radiation; 6. Regulations on the minimum insurance amount of the Operator’s civil liability if practices with sources of ionizing radiation are conducted.

• 2001-2003 upgrading of quality control (QC) equipment for Radiation Safety Centre (partly financed by the International Atomic Energy Agency (IAEA) and the Swedish Radiation Protection Institute, the estimated expenses are 100 000 EUR).

Establishment of comprehensive quality assurance (QA) system for radio-diagnostic and enhancement of QA in radio-therapy:

• 2000-2002 establishment of the model QA system in the Latvian Oncology Centre. (The new project will be launched with support from the Swedish Radiation Protection Institute in late October 2001. During 2000-2001 the main activities were supported by International Atomic Energy Agency and oriented to the training of staff); • 2002-2003 development of QA documentation for other medical establishments; • 2003-2005 establishment of QA/QC systems at all medical facilities;

Modernisation of X-ray equipment (the total estimate for expenses is 6.3 M EUR): • decommissioning of all medical equipment, which does not have electro-optical image intensifiers - 2001-2003 (32 of 59 X-ray devices shall be decommissioned, the rest can be modernised); • 2002-2004 upgrading of X-ray equipment for radio-diagnostics.

Upgrading of central calibration and metrology services: • 1998-2001 establishment of the secondary standard dosimetry laboratory (SSDL) in Salaspils (Project was financed by the IAEA and the Latvian Environmental Protection Fund, total expenses was ~ 400 000 EUR as a sub-regional project for Latvia, Estonia and Lithuania. As result of this project the SSDL was established in Salaspils (Latvia) and references centres in Tallinn and Vilnius. Official opening of all three facilities will be in November 2001.); • 2003-2004 - enhancement of capabilities for the secondary standard dosimetry laboratory (project will be submitted by a sub-region as follow-up activities).

2001-2005 upgrading of QC equipment for facilities (the estimated expenses are 750 000 EUR)

2001-2005 enhancement of QA and radiation safety for equipment used for health screening program, including digital picture processing and information storage equipment (the total expenses with the same number of equipment as in 2001 - ~ 5 M EUR)

All costs are estimated based on the information from completed and ongoing technical co-operation projects, national investment programme and initial screening of potential suppliers, however actual costs will depend on bidding.

Radiotherapy and nuclear medicine is used in radiological procedures only in few main hospitals. The following equipment is used in hospitals:

• Five (5) linear accelerators; • Three (3) devices for short distance X-ray therapy; • Five (5) units for radiotherapy with Co-60.

It is planned to replace two linear accelerators, and purchase the positron emission tomography device and the gamma knife.

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In addition, these hospitals have already achieved the level close to full implementation of the Directive, therefore there is no need for a transition period for radiotherapy and nuclear medicine. The last fact-finding mission recognised the Latvian Oncology Centre as a candidate facility for Excellence centre in Latvia (and also for region of Baltic States). There are several ongoing activities to upgrade radiation safety at these main hospitals. The full implementation of requirements from the Directive regarding radiotherapy and nuclear medicine will be achieved upon accession with support also from the IAEA and the Swedish Radiation Protection Institute.

Latvia specifies that its request for the transitional period till the end of 2005 refers to Articles 8 and 9.1. of the directive 97/43/Euratom on health protection of individuals against ionising radiation in relation to medical exposure.

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