Regulations in Latvia
Article 3 of Directive 2008/68 / EC of the European Parliament and of the Council of 24 September 2008 on the internal carriage of dangerous goods (hereinafter - Directive 2008/68 / EC) provides that the carriage of dangerous goods is permitted if the conditions of the relevant annexes to this Directive are complied with (section I .1 annex I section II.1 of annex II and section III.1 of annex III).
The carriage of dangerous goods by road in Latvia is regulated by the Law on the Movement of Dangerous Goods, the Road Transport Law and Cabinet Regulation No. 674 of 6 September 2005 “Regulations on the Carriage of Dangerous Goods” (hereinafter - MC Regulations No. 674). The implemented requirements of Directive 2008/68 / EC into Latvian legislation, i.e., Paragraph 3 of Cabinet Regulation No. 674 stipulate that international and domestic carriage of dangerous goods is performed in accordance with the requirements of the ADR Agreement. Paragraph three of the Law on the Movement of Dangerous Goods stipulates that issues regarding the movement of dangerous goods and its supervision in the field of road carriage is regulated by the ADR.
The carriage of dangerous goods by rail is regulated by the Railway Law, the Carriage by Rail Law, the Law on the Movement of Dangerous Goods and Cabinet Regulation No. 226 of 29 April 2005 “Regulations Regarding Carriage of Dangerous Goods by Rail”. Annex II, Section II.1 to Directive 2008/68 / EC, Section 3 contain RID. Section 3, Paragraph four of the Law on the Movement of Dangerous Goods stipulates that issues related to the movement of dangerous goods and supervision thereof in the field of carriage by rail shall be regulated by the RID, but in traffic to states that are not European Union Member States - by Annex 2 to "Provisions for the Carriage of Dangerous Goods" to the Agreement on International Goods Carriage by Rail (SMGS) of 1 November 1951.
The transport of dangerous goods by sea is regulated by the International Convention for the Safety of Life at Sea, 1974 (SOLAS-74 Convention) and its Protocols of 1978 and 1988, and the codes laid down as binding in the above-mentioned Convention and its Protocols: the International Maritime Dangerous Goods Code (IMDG Code), International Code for the Construction and Equipment of Ships Carrying Dangerous Chemicals in Bulk (IBC Code), International Code for the Construction and Equipment of Ships Carrying Liquefied Gases in Bulk (IGC Code) and the International Code for the Safe Carriage of Packaged Irradiated Nuclear Fuel, Plutonium and High-Level Radioactive Waste on Board Ships (INF Code), and The Convention on the Protection of the Marine Environment of the Baltic Sea Area, Section 38 of the Maritime Administration and Marine Safety Law, Cabinet Regulation No. 129 of 19 March 2002 “Requirements for Operations with Radioactive Waste and Materials Related Thereto” and Cabinet Regulation No. 1060 of 15 September 2009 “Regulations Regarding the Handling and Control of Dangerous and Polluting Cargoes in Ports”.
The carriage of dangerous goods by air is governed by the Convention on International Civil Aviation and the International Civil Aviation Organization Technical Instructions for the Safe Transport of Dangerous Goods by Air (ICAO-TI), which is made binding by that Convention. Cabinet Regulation No. 123 of 26 February 208 “Procedures for the Carriage of Dangerous Goods and Dangerous Goods by Air”, Issued in accordance with Section 84, Paragraph two of the Law on Aviation.
International regulatory framework
As most carriage is international and the consequences of possible accidents could also be international, an international system has been developed to guarantee the safety of the carriage of dangerous goods.
The Committee of Experts on the Carriage of Dangerous Goods of the United Nations Economic and Social Council has developed and regularly updates the Recommendations on the Transport of Dangerous Goods (hereinafter referred to as the UN Recommendations). This document contains common rules for the classification, packaging, marking and other carriage requirements for the carriage of dangerous goods for all modes of transport, thus also facilitating multimodal transport. The UN Recommendations are addressed to all governments for the development of national regulations, as well as to international organizations such as the International Railway Organization (OTIF), the International Maritime Organization (IMO), the International Civil Aviation Organization (ICAO) and regional commissions such as the UN Economic Commission for Europe.
The development of the following agreements and conventions is based on the UN Recommendations:
- The United Nations Economic Commission for Europe has drawn up a European Agreement concerning the International Carriage of Dangerous Goods by Road (hereinafter referred to as "ADR");
- The International Maritime Dangerous Goods Code has been developed by the International Maritime Organization;
- The International Organization of Railways (OTIF) has drawn up the Annex of Appendix C "Regulation concerning the International Carriage of Dangerous Goods by Rail (RID)" to the Protocol of Modification of 3 June 1999 of the Convention concerning International Carriage by Rail (COTIF) of 9 May 1980 (hereinafter referred to as "RID");
- The International Civil Aviation Organization has developed Technical Instructions for the Safe Carriage of Dangerous Goods by Air (ICAO-TI).