Radioactive substances
- Document symbol
- G/LIC/N/3/LVA/2
- Original language
- English
- Published on
- 17/01/2002
Outline of Systems
Q1. Give a brief description of each licensing system as a whole and, with respect to each, reply to the following questions as relevant, placing all of the material with respect to a given system in sequence together, and using cross references as appropriate when elements which have already been described are also present in another system.
The licensing system for radioactive substances is regulated by the Cabinet of Ministers of the Republic of Latvia, Regulation No. 223 "On Issuance of Licences and Permits for Activities with Radioactive Substances and Other Ionising Radiation Sources", issued in accordance with Articles 6,7,9, the law “On Radiation and Nuclear Safety”, of June 20 1996, and the law.
According to the Law “On Radiation and Nuclear Safety”:
- Article 3 part (2): The regulations, radiation protection and nuclear safety standards of the Republic of Latvia, as well as the requirements for safety measures are compulsory for every person who conducts activities with ionising radiation sources in the territory of Latvia, regardless of the form of ownership and possession of the said sources.
- Article 1 part (4): Activities with radioactive substances - the manufacture, import, export, transportation, sale, transfer, lease, acquisition, possession, use, storage or any other comparable activity with radioactive substances.
- Article 26 part (3): “The import of radioactive waste into the Republic of Latvia shall not be permitted.”
- Article 5 part (1): The Radiation and Nuclear Safety Inspectorate of the Environmental State Inspectorate at the Ministry of Environmental Protection and Regional Development shall supervise radiation protection and nuclear safety in the Republic of Latvia and shall take decisions concerning the issuance of licences and permits.
According to the Cabinet Regulation No. 223 of 20 June 1997 "On Issuance of Licences and Permits for Activities with Radioactive Substances and Other Ionising Radiation Sources":
- Article 4: The issuing of the licences are carried out by Licensing Commissions established by the respective authorities.
- Article 8: Radiation and Nuclear Safety Inspectorate is solely entitled to make decision upon granting the licence or permit for export or import of radioactive substances and nuclear materials, if said substances and materials are not enclosed in The List of Strategic Dual Use Goods, Products, Services and Technologies.
- Article 9: Export-Import Control Department of Latvian Development Agency, in accordance with Statutes of Strategic Export Import Control Committee, shall grant licences for export, import and transit of radioactive substances and nuclear materials that are enclosed in the List of Strategic Dual Use Goods, Products, Services and Technologies, approved by Strategic Export Import Control Committee, providing that the respective entrepreneur holds the permit or licence for certain activities with said materials.
Purposes and Coverage of Licensing
Q2. Identify each licensing system maintained and state what products, appropriately grouped, are covered.
The goods include any radioactive or nuclear materials if according to article 2 of Licensing Regulations: “Licence or Permit is required for any activity with radioactive substances, the amount thereof exceeding that of referred to in Annex I, and other ionising radiation sources, except those, which according to the present Regulations are regarded as exceptions, licence is required for entrepreneurial activity or permit for any other type of activity.” The Annex 1 directly introduces in Latvia’s legislation the numeric values from EU Council Directive 96/29/Euratom Annex I.
The List of Strategic Dual Use Goods, Products, Services and Technologies, approved by the Strategic Export Import Control Committee, introduced requirements as to when imports shall be considered as strategic Dual Use Goods, and therefore require special authorization (licensing) from another competent authority (Strategic Export Import Control Committee not only from Radiation and Nuclear Safety Division of the Environmental State Inspectorate of the Ministry of Environmental Protection and Regional Development).
Q3. The system applies to goods originating in and coming from which countries?
The regulations apply to the import of goods from all countries in general, but if goods are included in the Strategic Dual Use category, then according to the Decision No. 8 of the Control Committee of Strategic Export and Import, 20 September 1995:
- There shall be no restrictions on export of strategic goods, products, services and technologies to the European Union member countries.
- There shall be no restrictions on export of strategic goods, production, services and technologies to member countries of all intentional export control regimes (NSG, MTCR, AG).
- Licences for export of strategic goods, products, services and technologies to countries lacking efficient export control, seeking to obtain weapons of mass destruction or causing risk of their proliferation, shall be issued only after careful checking, consultations and receiving of guarantees:
Afghanistan
Albania
Algeria
Angola
Armenia
Azerbaijan
Belarus
Brazil
Bosnia and Herzegovina
Bulgaria
Myanmar
China
Croatia
Cuba
Egypt
Georgia
India
Iran
Iraq
Israel
Kazakstan
Kyrgyz Republic
Libya
North Macedonia
North Korea
Pakistan
Russian Federation
Syrian Arab Republic
Chinese Taipei
Tajikistan
Turkmenistan
Ukraine
Viet Nam
Serbia
Montenegro
Somalia
South Africa
Republic of Korea
For proliferation risks exporting to the above mentioned and other countries importers are advised to consult the 1995 edition of "Proliferation and Export Controls: An Analysis of Sensitive technologies and Countries of Concern", Deltac/Saferworld, p. 113-185.
Q4. Is the licensing intended to restrict the quantity or value of imports, and if not, what are its purposes? Have alternative methods of accomplishing the purposes been considered and if so which? Why have they not been adopted?
The importation of radioactive substances is regulated for the protection of people and the environment against the harmful effects of ionising radiation, according to the Law “On Radiation and Nuclear Safety”, and for introduction of the supplementary financing mechanism for future expenses related to the radioactive waste management. It was stipulated because the major parts of radioactive materials are imported, therefore such funding mechanism makes certain warranties that those resources will be available.
The Licensing Regulations in article 18 introduce requirements - “To obtain the licence for import of radioactive substances, the licence applicant shall make a payment for import of radioactive substances into the Republic of Latvia. The application of licence shall be submitted together with document confirming payment of such duty. The amount of duty is set according to the activity and toxicity of radioactive substances
Q5. Cite the law, regulation and/or administrative order under which the licensing is maintained. Is the licensing statutorily required? Does the legislation leave designation of products to be subjected to licensing to administrative discretion? Is it possible for the government (or the executive branch) to abolish the system without legislative approval?
Is the licensing statutorily required?
The control on importation of radioactive materials is a statutory requirement under the Cabinet Regulations. The system cannot be abolished without legislative approval.
Is it possible for the government to abolish the system without legislative approval?
The system cannot be abolished without legislative approval.
Procedures
Q6. For products under restriction as to the quantity or value of imports (whether applicable globally or to a limited number of countries or whether established bilaterally or unilaterally):
Q6.I. Is information published, and where, concerning allocation of quotas and formalities of filing applications for licences? If not, how is it brought to the attention of possible importers? Of governments and export promotion bodies of exporting countries and their trade representatives? Is the overall amount published? The amount allocated to goods from each country? The maximum amount allocated to each importer? How to request any exceptions or derogations from the licensing requirement?
Q6.II. How is the size of the quotas determined: on a yearly, six-monthly or quarterly basis? Are there cases where the size of quota is determined on a yearly basis but licences are issued for imports on a six-monthly or quarterly basis? In the latter case, is it necessary for importers to apply for fresh licence on a six-monthly or quarterly basis?
Q6.III. Are licences allotted for certain goods partly or only to domestic producers of like goods? What steps are taken to ensure that licences allocated are actually used for imports? Are unused allocations added to quotas for a succeeding period? Are the names of importers to whom licences have been allocated made known to governments and export promotion bodies of exporting countries upon request? If not, for what reason? (Indicate products to which replies relate.)
Q6.IV. From the time of announcing the opening of quotas, as indicated in I above, what is the period of time allowed for the submission of applications for licences?
Q6.V. What are the minimum and maximum lengths of time for processing applications?
Q6.VI. How much time remains, at a minimum, between the granting of licences and the date of opening of the period of importation?
Q6.VII. Is consideration of licence applications effected by a single administrative organ? Or must the application be passed on to other organs for visa, note or approval? If so, which? Does the importer have to approach more than one administrative organ?
Q6.VIII. If the demand for licences cannot be fully satisfied, on what basis is the allocation to applicants made? First come, first served? Past performance? Is there a maximum amount to be allocated per applicant and, if so, on what basis is it determined? What provision is made for new importers? Are applications examined simultaneously or on receipt?
Q6.IX. In the case of bilateral quotas or export restraint arrangements where export permits are issued by exporting countries, are import licences also required? If so, are licences issued automatically?
Q6.X. In cases where imports are allowed on the basis of export permits only, how is the importing country informed of the effect given by the exporting countries to the understanding between the two countries?
Q6.XI. Are there products for which licences are issued on condition that goods should be exported and not sold in the domestic market?
Q7. Where there is no quantitative limit on importation of a product or on imports from a particular country:
Q7.a. How far in advance of importation must application for a licence be made? Can licences be obtained within a shorter time-limit or for goods arriving at the port without a licence (for example, owing to inadvertency)?
Application should be made in advance of arrival of the goods.
Q7.b. Can a licence be granted immediately on request?
Licence cannot be issued immediately as importers must obtain a licence for activities with radioactive materials (at least for storage).
Q7.c. Are there any limitations as to the period of the year during which application for licence and/or importation may be made? If so, explain.
Are there any limitations as to the period of the year during which application for licence can be made? If so, explain
Licence may be issued at any period of the year.
Are there any limitations as to the period of year during which importation may be made?
No.
Q7.d. Is consideration of licence applications effected by a single administrative organ? Or must the application be passed on to other organs for visa, note or approval? If so, which? Does the importer have to approach more than one administrative organ?
A licence is issued by Radiation and Nuclear Safety Division of the Environment Protection Inspectorate of the Environmental Protection and regional Development Ministry in respect of the decision of the Licensing Commission composed of representatives from the Ministry and Inspectorate. If a licence is requested for Strategic Dual use goods, then it is issued by the Strategic Export Import Control Committee with prior existing licence for other activities (see above); the representative from Radiation and Nuclear Safety Division in such situation also has a veto power in decision of the Committee (he has to have such authorization from the Ministry of Environmental Protection and Regional Development).
Q8. Under what circumstances may an application for a licence be refused other than failure to meet the ordinary criteria? Are the reasons for any refusal given to the applicant? Have applicants a right of appeal in the event of refusal to issue a licence and, if so, to what bodies and under what procedures?
Under what circumstances may an application for a licence be refused other than failure to meet the ordinary criteria?
An application cannot be refused without failure to meet the ordinary criteria (existence of licence for other activities and certain procedures set by the Licensing Regulations). Applications can be also referred to the Nuclear Supplier Group Regime - there are some restrictions for certain countries (see above Decision No 8 of the Control Committee of Strategic Export and Import, 20 September 1995) and certain suppliers.
Have applicants a right of appeal in the event of refusal to issue a licence?
An appeal against the decision of the Licensing Committee can be made to the relevant Ministry and further to the Court.
Eligibility of Importers to Apply for Licence
Q9. Are all persons, firms and institutions eligible to apply for licences: (If not, is there a system of registration of persons or firms permitted to engage in importation? What persons or firms are eligible? Is there a registration fee? Is there a published list of authorized importers?) a) under restrictive licensing systems? b) under non-restrictive systems?
Is there a system of registration of persons or firms permitted to engage in importation?
Not applicable.
What persons or firms are eligible to apply for a licence?
All persons, firms and institutions are eligible to apply for licence to import. (There are restrictions under NSG regime implementation see above Decision No 8 of the Control Committee of Strategic Export and Import, 20 September 1995).
Is there a registration fee?
See reply 12.
Documentational and Other Requirements for Application for Licence
Q10. What information is required in applications? Submit a sample form. What documents is the importer required to supply with the application?
An importer is required to submit the application and a respective set of documents pursuant to Regulations No.348.
Q11. What documents are required upon actual importation?
A copy of the written licence is required to be produced on import.
Q12. Is there any licensing fee or administrative charge? If so, what is the amount of the fee or charge?
Is there any licensing fee or administrative charge?
Yes.
What is the amount of the fee or charge?
According to the Licensing Regulations the registration fee is:
(i) 50 LS - Export/import of radioactive substances and other ionising radiation sources: Export/import transactions on a regular basis in Trading;
and
(ii) 10 LS - Export/import of radioactive substances and other ionising radiation sources: Import for the needs of an Institution
Q13. Is there any deposit or advance payment requirement associated with the issue of licences? If so, state the amount or rate, whether it is refundable, the period of retention and the purpose of the requirement.
Is there any deposit or advance payment required associated with the issue of licences?
Yes.
Amount or rate?
See Annex.
Conditions of Licensing
Q14. What is the period of validity of a licence? Can the validity of a licence be extended? How?
Article 53 of the Licensing Regulations sets out “Export, import licences are issued once for each consignment of goods, but other type of licences or permits are valid for the period of 3 years.
Q15. Is there any penalty for the non-utilization of a licence or a portion of a licence?
No.
Q16. Are licences transferable between importers? If so, are any limitations or conditions attached to such transfer?
No.
Q17. Are any other conditions attached to the issue of a licence? a) for products subject to quantitative restriction? b) for products not subject to quantitative restriction?
The licence granted under the Licensing Regulations for other activities may hold specified conditions or requirements to be complied with by the holder of the such licence.
Other Procedural Requirements
Q18. Are there any other administrative procedures, apart from import licensing and similar administrative procedures, required prior to importation?
Notification about planned import and information about import operations which have actually taken place - see Licensing regulations article 57. “Person, who deals with export/import of radioactive substances and other ionising radiation sources, or has prepared the consignment of the said substances and sources, shall submit to respective Competent Authorities the following information on consignments on a quarterly basis within 21 days (every three months):
- 57.1. name and address of the Consignee;
- 57.2. number of consignments, total activity for each isotope in each consignment;
- 57.4. type of consignment : sealed sources or other; and
- article 58. “Importer or Exporter of radioactive substances shall submit, within 10 days, the Control Certificate (Annex 2, form 9) to Radiation and Nuclear Safety Inspectorate to confirm that the goods have been transported across the state border of the Republic of Latvia.”