Outline of the 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.
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).
Nature of licensing
If Automatic, administrative purpose
If Non-Automatic, description of the notified Non-Automatic Licensing regime
Products under restriction as to the quantity or value of imports
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
Questions for products under restriction as to the quantity or value of imports
Not applicable in general, but under 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.
The system applies to products originating from which country?
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:
Bosnia and Herzegovina
Syrian Arab Republic
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.
Expected duration of licensing procedure
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.
Does the legislation leave designation of products to be subject to licensing to administrative discretion?
Is it possible for the government to abolish the system without legislative approval?
The system cannot be abolished without legislative approval.
Eligibility of applicants
Is there a system of registration of persons or firms permitted to engage in importation?
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 33.
Is there a published list of authorized importers?
Contact point for information on eligibility
Submission of an application
Administrative body(ies) for submission of an application
What information is required in applications?
An importer is required to submit the application and a respective set of documents pursuant to Regulations No.348.Application form for radioactive substances.pdf
What documents is the importer required to supply with the application?
Window of submission of an application
How far in advance of importation must application for a licence be made?
Application should be made in advance of arrival of the goods.
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.
Issuing the license
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).
Can licences be obtained within a shorter time-limit or for goods arriving at the port without a licence
Which administrative body is responsible for approving application of licences?
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).
Must the applications be passed on to other organs for visa, note or approval?
Are there any other conditions attached to the issue of a licence?
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.
Fees and other administrative charges
Is there any licensing fee or administrative charge?
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;
(ii) 10 LS - Export/import of radioactive substances and other ionising radiation sources: Import for the needs of an Institution
Is there any deposit or advance payment required associated with the issue of licences?
Amount or rate?
Is it refundable?
What is the period of retention?
What is the purpose of this requirement?
Refusal of an application
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.
Are the reasons for any refusal given to applicants?
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.
If so, to what bodies and under what procedures?
Are there any limitations as to the period of year during which importation may be made?
What documents are required upon actual importation?
A copy of the written licence is required to be produced on import.
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.”
Conditions of licensing
What is the period of validity of a licence? Can the validity 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.
Is there any penalty for the non-utilization of a licence or a portion of a licence?
Are licences transferable between importers? If so, are any limitations or conditions attached to such transfer?
Is foreign exchange automatically provided by the banking authorities for goods to be imported?
Is a licence required as a condition to obtaining foreign exchange?
Is foreign exchange always available to cover licences issued?
What formalities must be fulfilled for obtaining the foreign exchange?