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About VEI/ Rules of the Energy Inspection |
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About VEI News Normative acts Publications |
Translated from Latvian STANDING ORDER OF THE STATE ENERGY INSPECTION Issued in conformity with The State Administration Act, paragraph 73, part one, p.1 I. General Regulations 1. The present Standing Order regulates the order according to which the State Energy Inspection (further in the text as Energy Inspection) performs state technical supervision and control of objects and power supply merchants and power operation equipment and devices. 2. The Power Industry Act and the Energy Inspection Regulations forms the legal foundation of the Energy Inspection activities. II Sphere of Supervision and Control, Tasks and
Functions 3. The Energy Inspection organises and provides unitary state supervision and control over power supply merchants based upon normative act requirements on: 3.1. performance of appropriate and timely assembling quality, safety and operation check-ups of power supply merchants’ objects and power consumption equipment; 3.2. compliance evaluation order and certification of equipment used in electric power, thermal energy and gas supply; 3.3. fulfilment and conformity with electric power, thermal energy and gas quality requirements. 4. The Energy Inspection takes part in clarification of cause’s failures in electric power, thermal energy and gas supply systems and in the work of commissions investigating accidents. 5. The Energy Inspection performs market supervision of equipment and protective systems used in explosive environments within marketing and service provision locations and workplaces. 6. The Energy Inspection supervises construction of 110 kV and 330 kV electric lines. 7. The Energy Inspection performs market supervision of transportable pressure equipment. 8. The Energy Inspection takes part in elaboration and co-ordination of regulatory acts and their realisation procedures of the energetic branch, as well as in the harmonisation work with the legal acts of the EU. 9. The Energy Inspection performs analysis of information submitted by power supply merchants. 10. The Energy Inspection consults and provides information to physical and legal persons regarding issues of its direct competence. III. The Energy Inspection Officers, their Rights and
Obligations, Activity Limits 11. The state supervision and control within the spheres mentioned in part II is realised by the following Energy Inspection officers: 11.1. Director of the Energy Inspection; 11.2. Deputy Director of the Energy Inspection; 11.3. Sector Managers of the Energy Inspection; 11.4. Inspectors of the Energy Inspection. 12. Electric energy, thermal energy and gas quality requirements’ fulfilment and conformity control and supervision within energy supply merchants’ objects, evaluation of the equipment conformity used in energy supply according to the acting normative acts, as well as assembling quality, safety and technical check-ups in operation of energy application equipment and devices are to be performed by the particular energy supply merchant. 13. Performance and conformity check-ups of energy supply merchants’ objects, electric, thermal energy and gas application equipment and devices as to fulfilment of quality requirements are to be performed : 13.1. according to the acting standard
LVS (45004) EN requirements – by the inspecting institutions, testing and
calibrating laboratories formed and accredited in 13.2. by internal technical services of energy supply merchants according to normative and technical documentation envisaging performance of mentioned procedures. 14. Evaluation of conformity and certification check-ups of energy supply merchants’ equipment used in energy supply is to be performed : 14.1. according to the acting standard
LVS (45004) EN requirements – by the inspecting institutions, testing and
calibrating laboratories formed and accredited in 14.2. by conformity evaluation institutions reported to the EU member states’ European Commission. 15. The assembling quality, safety and operation check-ups of energy supply merchants’ objects, operating equipment and devices are performed: 15.1. according to the acting standard
LVS (45004) EN requirements – by the inspecting institutions, testing and
calibrating laboratories formed and accredited in 15.2. by internal technical services of energy supply merchants according to normative and technical documentation envisaging performance of mentioned procedures; 15.3. by conformity evaluation institutions reported to the EU member states’ European Commission. 16. Following the Power Industry Act, paragraph 82, the State Energy Inspection officers perform: 16.1. fulfillment and conformity control and supervision of electric and thermal energy and gas quality of energy supply merchants periodically and selectively realise control of energy supply objects according to normative and technical documentation, as well as analysis of information submitted by merchants. 16.2. periodical and selective control of conformity evaluation of equipment used in provision of energy supply objects of merchants in conformity with normative and technical documentation, as well as analysis of information submitted by merchants. 16.3. periodical and selective control assembling quality, safety and operation control of equipment and devices of energy supply objects of merchants in conformity with normative and technical documentation, as well as analysis of information submitted by merchants. 17. The State Energy Inspection officers perform market supervision of equipment and protective systems to be used in explosive environments within locations of sale and service, as well as workplaces following Regulations No. 336 “Regulations on the Equipment and Protective Systems to be Used in Explosive Environments” adopted by the Cabinet of Ministers on 25.06.2003 and in conformity with normative and technical documentation, as well as analysing information submitted by merchants. 18. The State Energy Inspection officers supervise construction of 110 kV and 330 kV electric lines following Regulations No, 841 “Order of Building of Electric Supply Constructions “adopted by the Cabinet of Ministers on 08.11.2005 and in conformity with normative and technical documentation, as well as analysing information submitted by merchants. 19. Perform market supervision of transportable pressure equipment following Regulations No. 234 “Regulations on Transportable Pressure Equipment “adopted by the Cabinet of Ministers on 18.06.2002 and in conformity with normative and technical documentation, as well as analysing information submitted by merchants. 20. The officers have the right: 20.1. of entering without hindrance objects of energy supply merchants in order to inspect them irrespective of form of ownership; 20.2. while performing inspection: 20.2.1. to demand information from the energy supply merchant’s object’s manager or the responsible employee’s necessary for the performance of inspection; 20.2.2. to take photos and make video and audio records; 20.2.3. to demand the energy supply merchant’s object’s manager, owner or the responsible employees to stop operation of the object, equipment or device in case of non-compliance with requirements of normative acts receiving a written confirmation of the same; 20.2.4. in case of such a need, to invite representatives of police and law enforcement institutions to guarantee fulfilment of their tasks. 20.3. to draft a Protocol of Administrative Violation and to consider administrative violation cases. 21. Officers may be assigned rights and obligations foreseen by other normative acts. 22. The Energy Inspection officers are forbidden: 22.1. to take part, either personally, or by mediation of the third persons, in activities of enterprises subjected to Energy Inspection supervision; 22.2. during performance of its obligations, or after termination of civil service obligations or work relations: 22.2.1. to divulge manufacturing or commercial secrets on the work processes revealed in the course of performance of direct obligations; 22.2.2. to divulge information on persons complaining on violations of normative acts in the processes of merchant’s energy supply object, as well as to render information, that the inspection has been performed due to the receipt of such information. 23. Regulations of the Act “On the State Civil Service” are binding to the Energy Inspection officers as civil servants. IV. Inspection of Enterprises 24. Officers perform check-ups of merchant’s energy supply objects according to work schedules. Schedules are accepted by the Director of the Energy Inspection. Check-ups are classified as the planned, unplanned and complex check-ups. 25. Planned check-ups are arranged, taking into account: 25.1. the analysis of check-ups and submitted reports on the merchant’s energy supply objects of the previous year; 25.2. statistic analysis of violations. 26. Unplanned check-ups are arranged, taking into account: 26.1. complaints or applications; 26.2. in case of revealed normative act violations. 27. Complex check-ups are arranged in the framework of collaboration agreement with other state administration institutions. The Energy Inspection representative is nominated by the Energy Inspection management. The periodicity of complex check-ups is determined by the mentioned agreements. 28. The planned and unplanned check-ups include at least two Energy Inspection officers, one of which is nominated as the group leader. Complex check-ups include officers nominated by Energy Inspection management. 29. Prior arrangement of check-ups officers get acquainted with licence conditions issued to the merchant’s energy supply object for the performance of business activities in the particular energy supply sphere , paying particular attention to the tasks related to energy equipment safety, compliance and energy quality guarantees. 30. On the arrival in the merchant’s energy supply object, the check-up group leader familiarizes the object manager, owner or the responsible employee with his title, family name, presents his identity card and introduces him with check-up group members, presenting their identity cards, and: 30.1. informs on the normative acts, according to which the particular check-up is being made; 30.2. informs on the normative acts, compliance with which is to be checked; 30.3. informs on the rights and obligations of the Energy Inspection officers, as well persons, to be checked; 30.4. informs on the volume of documentation to be checked. 31. Check-ups are made in the presence of responsible employee of the merchant’s energy supply object and carried out in compliance with the present Standing Order. 32. An Act is drafted on the results of any check-up, including information on the course of enterprise inspection, the stated non-compliances or violations and terms of elimination of the same. 33. The terms of elimination of the fixed violations mentioned in the Act are determined in co-ordination with the responsible officer of the enterprise or its authorised person. 34. The Act is drafted in two counterparts and is signed by the officer of Energy Inspection carrying out the inspection and the responsible officer of the merchant’s energy supply object, or its authorised person. 35. After signing the Act, one counterpart is issued to the responsible officer of the merchant’s energy supply object or its authorised representative. 36. After realisation of proposals stated in the check-up Act, the responsible officer of the merchant’s energy supply object or its authorised representative informs in writing the Energy Inspection. Alteration of the performance terms is made following a written application of the energy supply merchant. 37. The State Energy Inspection forms a data summary on the check-ups made at the energy supply merchants’ objects and their results. V. Determination of Administrative Violation and
Penalty Application 38. Consideration of cases of administrative violation and application of penalty fee is arranged in conformity with Administrative Violation Code requirements. 39. Persons empowered to draft a protocol on administrative violations are: 39.1. Director of the Energy Inspection; 39.2. Deputy Director of the Energy Inspection; 39.3. Sector Chiefs of the Energy Inspection; 39.4. Inspectors of the Energy Inspection. 40. Officers of the Energy Inspection, while considering the administrative violation case have to state, if the administrative violation had taken place, if the definite person is to be blamed in commitment of the same, can that person be called to administrative account, are there any palliative or strengthening conditions, is there an material detriment caused, as well as any other factors of importance in the correct adjudging of the case. 41. Having considered the administrative violation case, the officer takes one of the following decisions: 41.1. on application of administrative penalty; 41.2. on cancelling the record. 42. Decision on application of the administrative penalty is taken by the officer in 15 days since the day of drafting the Administrative Violation Protocol and receipt of case materials, at the latest. 43. The officer to be called to administrative account, has the right of acquaintance either personally, or together with the assisting solicitor, with all the case materials, to render explanations, submit demands and to express requests, as well as to participate in case proceeding, submit supplements and express requests or to appeal against the decision. In case the person isn’t present, the case proceeding may take place exclusively, if there is enough evidence, that the person is timely informed on the time and place of case proceeding and in case there is no application received from the person regarding postponing of the case proceeding. 44. Decision on application of the administrative penalty shall contain: 44.1. full title of Energy Inspection; 44.2. officer’s name, surname and position; 44.3. identifying data of merchant’s energy supply objects to be checked; 44.4. date and place of the decision taken; 44.5. facts revealed in the course of check-up; 44.6. case decision taken; 44.7. justification of the decision taken; 44.8. execution control of the decision taken; 44.9. order of appeal against the decision taken. 45. The Administrative Violation Case decision is signed by the officer considering the case. 46. The copy of the decision in three days’ time is submitted or forwarded to the person regarding which it is taken. 47. While taking the decision on application of administrative penalty, the Energy Inspection officer states the bank account to which the payment has to be made. The violator has to make the payment in ten days’ time, at the latest since the day of application of the penalty fee, but in case of appeal or a submitted protest on the same – in ten days’ time, at the latest since the day of rejected complaint or protest. 48. The Administrative Violation Case decision may be appealed in the order stipulated by normative acts. 49. The order of appeal is the following: 49.1. the Administrative Violation Case decision may be appealed by a person, against which it has been taken; 49.2. the complaint regarding the Administrative Violation Case may be submitted in ten days time since the day of decision. If due to justified conditions the term is delayed, following the request submitted by the person, against which the decision is taken, the term may be resumed; 49.3. Submission of the complaint in the due term stops the execution of the decision on application of the administrative penalty fee until consideration of the complaint. VII. The Officer’s Responsibility 50. The Energy Inspection officers appear to be civil servants responsible for legality of their activities. 51. Disregarding of legal acts while performing official duties, as well as violation of particular order described in official duty descriptions, a disciplinary case may be initiated against the Energy Inspection officer, as well as application of another type of responsibility following normative acts. VIII. Informing of the Society, Considering of
Proposals, Applications and Complaints 52. The Energy Inspection informs society on its activities: 52.1. by drafting annual reports; 52.2. in the homepage of the Internet; 52.3. in the mass media. 53. The Energy Inspection in its activities follows the conditions stipulated by the Act “On the Information Openness”. 54. Any physical and legal person has the right to submit individual and collective applications, complaints and proposals to the Energy Inspection as well as to receive answers to them. 55. Applications, complaints and proposals of physical and legal persons are considered in the order stipulated by the Act “Order of Considering of Applications, Complaints and Proposals within the State and Municipal Institutions”. IX. Collaboration with Institutions of State
Administration 56. Order of exchange of information, as well as collaboration with other institutions is stated by normative acts and agreements of mutual collaboration. Harmonised with ……………………………… K.Gerhards State Secretary, Ministry of Economics …………………………, 2006 Director of the Energy Inspection J.Labanovičs
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