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POSITION PAPER OF THE REPUBLIC OF LATVIA
Chapter 13: "Social Policy and Employment"

Setting the time frame for the process of adoption and implementation of acquis communautaire the Latvian Government adopted 1 January 2003 as the date on which Latvia will be prepared for accession to the European Union.

Latvia accepts and will implement in full the acquis communautaire in the area of "social policy and employment" including the acquis communautaire adopted during 1999 before 1 January 2003. Where it is possible Latvia is ready to adopt and fully implement Community Law even sooner. Certain provisions of acquis communautaire applicable exclusively to the Member states will be fully implemented as from the date of accession. However, for the following Directives Latvia requests transitional periods:

1) 89/655/EEC concerning the minimum safety and health requirements for the use of work equipment by workers at work - until 1 July 2004;

2) 89/654/EEC concerning the minimum safety and health requirements for the workplace - until 31 December 2004;

3) 90/270/EEC on the minimum safety and health requirements for work with display screen equipment - until 31 December 2004.

Latvia considers it necessary to keep the prohibition of import, production and marketing of chewing and sniffing tobacco based on the Article 30 (ex 36) of the Treaty establishing the European Community.

General principles

LatviaâÀ™s state policy in the social and employment sphere is in compliance with the principles laid down in the Treaty establishing the European Community and the secondary legislation and guidelines which are in force in the European Union. The judgements issued by the European Court of Justice are also taken into account when drafting legislation in the Republic of Latvia.

Currently, Latvian legislation is partly harmonised with the acquis communautaire in the sphere of social policy and employment.

Latvia is not transposing into its national legislation the provisions included in the Treaty establishing the European Coal and Steel Community, assuming that the accession to EU membership will take place after the expiry of the ECSC Treaty.

The Ministry of Welfare has overall responsibility for developing and implementing social policy in the Republic of Latvia.

The negotiating position of the Republic of Latvia has been developed by mutual agreement between the Ministry and the social partners - the Free Trade Union Confederation of Latvia and the Latvian Employers' Confederation.

Latvia is aware of the relationship between this Chapter of the negotiations and Chapters like "Structural and regional policy", "Transport", "Fisheries", "Statistics" and "Free movement of persons".

Labour law

Legislation

Currently Latvian legislation in the sphere of labour law partly conforms with EU requirements, however, it is planned to ensure full conformity by 1 January 2003.

In order to implement the acquis communautaire, the Labour Code has been drafted anew, and a draft Law "On the Protection of Employees in the Event of the Insolvency of Their Employer" and a draft Law "On Information and Consultation in Community-Scale Undertakings and Groups of Undertakings" have been elaborated.

The provisions of the following Directives have been incorporated into the draft Labour Code:

• 77/187/EEC (as amended by 98/50/EC) on the approximation of laws of the Member States relating to the safeguarding of employee's rights in the event of transfers of undertakings, businesses or parts of businesses;
• 91/383/EEC supplementing the measures to encourage improvements in the safety and health at work of workers with a fixed-duration employment relationship or a temporary employment relationship;
• 91/533/EEC on the obligation of the employer to inform the employees about conditions applicable to employment contracts or labour relations;
• 93/104/EC concerning certain aspects of the organisation of working time;
• 94/33/EC on the protection of young people at work;
• 96/71/EC concerning the posting of workers in the framework of the provisions of services;
• 97/81/EC concerning the Framework Agreement on part-time work concluded by UNICE, CEEP and the ETUC;
• 98/59/EC on the approximation of the laws of the Member States relating to collective redundancies;
• 1999/70/EC concerning the framework agreement on fixed-term work.

On 13 April 2000, the draft Labour Code was approved by the Saeima (Parliament) in the first reading.

It is planned that the Code will come in force on 1 January 2001.

The draft Law "On the Protection of Employees in the Event of the Insolvency of Their Employer" contains the provisions of Directive 80/987/EEC relating to the approximation of laws in the Member States safeguarding employees in cases of the employer's insolvency.

The draft Law has been submitted to the Saeima on 30 March 2000.

It is planned that the Law will come in force on 1 January 2002.

The draft Law "On Information and Consultation in Community-Scale Undertakings and Groups of Undertakings" contains the provisions of Directive 94/45/EC on the establishment of a European Work Council or a procedure in Community-scale undertakings and Community-scale groups of undertakings for the purposes of informing and consulting employees.

The draft Law was submitted to the Saeima on 25 August 2000.

It is planned that the Law will come in force on 1 January 2001.

Issues relating to the organisation of working time for seafarers (Directive 1999/63/EC) are discussed in the Chapter "Transport".

Latvian legislation provides definite mechanisms and there are institutions in place for settling labour disputes. Settling of labour disputes is currently regulated by the Labour Code of Latvia, the Law "On Collective Labour Agreements", the Law on Strikes and the Civil Procedure Law.

Individual legal disputes in an undertaking are settled by mutual negotiations between the employee and the employer, or by labour dispute committees, depending on whether the dispute has been settled by mutual negotiations or whether no labour dispute committee has been set up in the undertaking. Cases of individual legal disputes may be settled outside the undertaking by court. The employee and the employer may agree that the dispute should be brought to a court of arbitration.

Collective legal disputes are settled by a reconciliation committee, which is set up based on parity and consists of authorised representatives of the parties involved in the dispute. If the reconciliation committee reaches no settlement, the dispute may be settled in a court of law or court of arbitration.

Collective disputes of interests are settled by a reconciliation committee, which is set up based on parity and consists of authorised representatives of the parties involved in the dispute. If the dispute is not solved by the reconciliation Committee, the employees have the right to initiate a strike.

In order to improve the settlement of disputes, on 18 January 2000, the Cabinet of Ministers adopted a Concept for settlement of labour disputes to form a basis for the drafting of a Law "On Labour Disputes Settlement". The draft law will prescribe new methods of settling collective disputes of interests, i.e., reconciliation, mediation and arbitration.

Institutional provision

The policy of labour law is set and the relevant legislation drafted by the Ministry of Welfare and the Ministry of Justice.

The control and supervision on behalf of the Government over the application of legislation is exercised by the State Labour Inspection.

The practical implementation of the Law "On the Protection of Employees in the Event of the Insolvency of Their Employer" will be the responsibility of a new institution - the Board of Guarantee Funds Supporting Employees' Claims. It is envisaged that the administration of the Fund shall be established by October 2001, so that the Fund can start operating on 1 January 2002.

Equality of treatment

Legislation

The general principles of non-discrimination and equality based on gender are laid down in the Constitution of the Republic of Latvia and are consolidated in the Labour Code of Latvia, the Law "On Labour Protection" and the Civil Procedure Law.

The legislation of Latvia is in conformity with EU requirements relating to equal treatment in the sphere of social security.

The legislation of Latvia is in full conformity with the provisions of Directive 79/7/EEC on the progressive implementation of the principle of equal treatment for men and women in matters of social security (applicable to such branches of social security as sickness, invalidity, old age, labour accidents and occupational diseases, and unemployment).

On 5 August 1999, amendments were made to the Law "On State Pensions" which include a provision that the retirement age for men and women will be gradually equalised by increasing it by six months every year and thus raising it to 62 years of age. The retirement age of 62 for men will be reached in 2003, and for women this age will be reached in 2009. An equal early retirement opportunity has been granted for both men and women, i.e., two years before reaching the retirement age as set by law.

Thus, the general pension scheme provides equal treatment of men and women as regards retirement age and early retirement.

The provisions included in Directive 86/378/EEC (as amended by 96/97/EC) on the implementation of the principle of equal treatment of men and women in occupational social security schemes (applicable to social security schemes which are not regulated by Directive 79/7/EEC and ensure guarantees in cases of such risks as sickness, invalidity, old age, including early retirement, accidents at work and occupational diseases and unemployment) have been transposed into the Law "On Private Pension Funds" ( 19 December 1997).

In order to exclude any discrimination, the Law provides that "issues of the participation of the persons to whom the same objective criteria apply (duration of service, employment position) shall be equally treated without any discrimination on the basis of origin, property status, race and nationality, sex or religion".

The Laws "On State Compulsory Social Insurance" and "On Maternity and Sickness Insurance" are in compliance with the provisions of Directive 86/613/EEC on the application of the principle of equal treatment between men and women engaged in an activity, including agriculture, in self-employed capacity, and on the protection of self-employed women during pregnancy and motherhood.

As of 1 January 2001, amendments to the Law "On State Compulsory Social Insurance" will be enforced, which in accordance with the requirements included in the said Directive, widen the scope of persons to be socially insured by stating that the spouse of a self-employed person has an opportunity to participate voluntarily in invalidity, maternity and sickness insurance in addition to old-age pension insurance.

The requirements set forth in the Directive on the application of the principle of equal pay for men and women (75/117/EEC), on equal treatment for men and women as regards access to employment, vocational training and promotion, and working conditions (76/207/EEC), parental leave for childcare (96/34/EC), on the burden of proof in cases of discrimination on the basis of sex (97/80/EC) and on safety of pregnant workers (92/85/EEC) have been transposed into a new draft Labour Code and a new draft Labour Protection Law.

Institutional provision

The Ministry of Welfare is responsible for the co-ordination of equal treatment policy in Latvia.

The infrastructure required for the implementation of this legislation has been provided: there is the State Labour Inspection, the State Employment Service, the State Social Insurance Agency, and the State Human Rights Bureau, which promotes observation of fundamental human and citizen rights and freedoms.

Social dialogue

Legislation

All the elements necessary for social dialogue have been created in Latvia, including mechanisms for information and consultation between employees and employers, so that the EU requirements may be fully complied with as soon as Latvia becomes a Member State, and the country could participate in the work of the EU Sectoral Dialogue Committees.

The acquis communautaire for social dialogue consists of decisions relating to the establishment and operation of sectoral dialogue committees to promote dialogue between social partners at European level. The operation of the Latvian institutions is related to informing the respective social partners (employersâÀ™ organisations and trade unions) of the existence of such procedures, as well as preparation for participation in the work of the said committees when Latvia becomes an EU Member State.

The status of a social partner is determined by the Law "On Employers' Organisations and their Associations" (29 April 1999), the Law "On Trade Unions" (13 December 1990), and the Law "On Collective Labour Agreements" (26 March 1999), which all conform to the basic positions of the European Union concerning social dialogue. Besides the above laws, issues of social dialogue are regulated by Article 108 of the Constitution of the Republic of Latvia (freedom of association and the protection of trade union rights), by the Law "On Strikes" (23 April 1998), the Labour Code of Latvia (14 April 1972), and the Law "On Labour Protection" (4 May 1993). In drafting the new Labour Code, the Labour Protection Law and other regulatory acts, the issues of encouraging mutual consultations between employees and employers were emphasised.

The Republic of Latvia has ratified 45 ILO Conventions, including C 87 "Convention Concerning Freedom of Association and Protection of the Right to Organise" (4 May 1990), C 98 "The Right to Organise and Collective Bargaining" (4 May 1990) and C 144 "Convention Concerning Tripartite Consultations to Promote the Implementation of International Labour Standards" (5 July 1994).

Institutional provision

Trilateral consultation between Government representatives and the largest employers' and trade union organisations (the Free Trade Union Confederation of Latvia and the Latvian Employers' Confederation) are held at the National Tripartite Co-operation Council and its institutions - the Sub-council for Vocational Education and Employment, the Sub-council for Labour Matters, and the Social Insurance Sub-council.

The Government is represented by ministers and state secretaries of ministries.

The National Tripartite Co-operation Council is the mediator through which any employment and social issues are co-ordinated with social partners.

During the work of the National Tripartite Council a procedure has been consolidated in which trade unions and the employers' organisation participate in the drafting of legislation and voice their opinions.

Since 1996, the Free Trade Union Confederation of Latvia and the Latvian Employers' Confederation have annually signed a bilateral social partnership agreement. On the basis of this agreement the parties agree upon the conditions concerning the raising of the minimum salary level in the country.

As regards bilateral consultation, it has been decided to support the promotion of regional and sectoral dialogue by providing information to the general public, including employees and employers.

Fight against racism and xenophobia

Legislation

Latvia has achieved compliance with EU requirements in this sphere. Latvian legislation prohibits discrimination of any kind.

As regards constitutional rights, on 15 October 1998, the Constitution of the Republic of Latvia was supplemented by adding a new Chapter - "Fundamental Human Rights". This Chapter replaces the Constitutional Law of the Republic of Latvia "Rights and Obligations of a Person and Citizen". Article 91 of the new Chapter states that human rights shall be exercised without any discrimination.

In the sphere of criminal law, the new Criminal Law came into force on 1 April 1999, which provides for criminal liability for violating the principle of national and racial equality and for the restriction of human rights. The new Criminal Law includes more severe sanctions for such offences than the previous Criminal Code.

The Law "On the Protection of Children's Rights" (19 June 1998) provides for all the rights, including those included in international instruments, of children, applicable to any children permanently or temporarily resident in the territory of Latvia, without any discrimination on the basis of race, nationality etc.

The existing Labour Code of Latvia provides for the equality of employees irrespective of their race, colour, gender, age, religion, political views, nationality or social origin, and property status. A similar regulation will be included in the new Labour Code.

Latvia has ratified the most significant European instruments of human rights, incl. those mentioned in the Resolution of the meeting of the Council and Government representatives of the Member States of 29 May 1990, concerning the fight against racism and xenophobia, Article 2.

Institutional provision

Human rights issues in Latvia are in the competence of the Ministry of Justice. The State Human Rights Bureau promotes observation of fundamental human and citizen rights and freedoms.

Social protection

Legislation

Latvia recognises and implements the principles recommended by the European Council in the sphere of social protection (contained in Council Recommendations 92/441/EEC on common criteria concerning sufficient resources and social assistance in social protection systems; 92/442/EEC on the convergence of social protection objectives and policies).

A social security system has been created covering all the traditional branches listed in the EU Regulation 1408/71.

Social protection in the Republic of Latvia is regulated by the following laws:

• "On State Social Insurance" (1 October 1997)
• "On Social Security" (7 September 1995)
• "On State Pensions" (2 November 1995)
• "On Compulsory Social Insurance against Accidents at Work and Occupational Diseases" (2 November 1995)
• "On Insurance against Unemployment" (25 November 1999)
• "On Maternity and Sickness Insurance" (6 November 1995)
• "On Social and Medical Protection of the Disabled" (29 September 1992)
• "On Social Assistance"(26 October 1995)
• "On Employment" (23 December 1991)
• "Medical Treatment Law" (12 June 1997)
• "On State Funded Pensions" (17 February 2000, in force as from 1 July 2001).

Participation in social insurance schemes is compulsory for all employees and self-employed persons. The minimum amount of pension is set by law.

If an old-age person is not entitled to an insurance pension, the Law "On Social Assistance" guarantees, irrespective of the person's income, the right to receive a social security benefit from the state. The same applies to disability and survivor's benefits.

Health care services are provided to any person residing in the territory of Latvia.

All families are entitled to a state-granted family allowance irrespective of the family income.

Under the Law "On Social Assistance" low-income people are entitled to receive social assistance benefit. This benefit is administered by local governments, in which social assistance offices are formed. In cases of able-bodied persons an opportunity to participate in employment-promoting activities are offered. To guarantee that social assistance system of local governments reaches the most needy inhabitants in the municipality, to prevent stratification of society, social exclusion and inheritance of poverty from previous generations, work has started on introducing changes in the system of benefits granted by local governments.

To ensure the social integration of the aged, unemployed, young and disabled persons and to fight against marginalisation, the Government has adopted a Concept of addressing the poverty situation, a Concept of ensuring a guaranteed minimum income level to low-income people, and a Concept "Equal Opportunities for All". Within the framework of these programmes, measures are taken to integrate young people into the labour market, to integrate disabled into social life, to develop alternative care etc.

Institutional provision

Social protection policy is developed by the Ministry of Welfare.

The required infrastructure for ensuring social protection has been created: a State Social Insurance Agency, a State Compulsory Health Insurance Agency, a Social Assistance Fund and social assistance offices in local governments.

Rights of disabled persons

Legislation

Latvia recognises and implements the acquis communautaire in the sphere of rights of the disabled set by the instruments, which include Commission Decisions, Council Recommendations as well as resolutions issued by the Council and Government representatives of the Member States.

The rights of disabled persons and the obligations assumed by the state and local governments of the Republic of Latvia are laid down in the Law "On Social and Medical Protection of the Disabled".

On 30 June 1998, The Cabinet of Ministers approved the concept "Equal Opportunities for All". The concept provides for a multidisciplinary approach to the solution of problems related to invalidity. Its aim is to set guidelines for the creation of equal social integration opportunities to every individual and to ensure a normal quality of life irrespective of age, gender, social and cultural factors. The concept sets forth the measures required to eliminate hindrances and create a society with equal opportunities for all. The main directions of activity are health care, education, employment, and accessibility to environment and social security.

Institutional provisions

The implementation of the measures included in the concept is co-ordinated by the Ministry of Welfare. As principal partners in the implementation, several ministries are involved - the Ministry of Education and Science, the Ministry of Environment and Regional Development, and the Ministry of Transport.

In order to co-ordinate issues related to the disabled, the National Council for the Disabled has been established. This is an advisory body, which may issue recommendations concerning integration of disabled persons to be considered by the state, municipal and other institutions, by voluntary organisations, legal entities and individuals.

Health and safety at work

Legislation

Legislation in the sphere of safety and health at work is partly in conformity with the EU acquis, and it is planned to ensure full conformity by 1 January 2003.

Protection of employees at work is also provided under the current legislation. The main principles of labour safety and health protection are laid down in the Law "On Labour Protection" (4 May 1993).

The provisions of framework Directive 89/391/EEC concerning measures to improve safety and health at work have been incorporated into the draft of the new Labour Protection Law submitted to the Saeima on 26 July 2000. The expected date when the law could come into force is 1 January 2002. The principle of trilateral co-operation was applied when drafting this Law.

The provisions laid down in seven of the so-called "individual" Directives have been transposed into the national legislation - those of Directive 90/269/EEC on minimum safety and health requirements for the manual handling of loads where there is a risk particularly of back injury to workers, 83/477/EEC and 91/382/ EEC on the protection of workers from the risks related to exposure to asbestos at work, 92/58/EC related to the use of safety signs in workplaces, 89/655/EEC concerning the minimum safety and health requirements for the use of work equipment, 89/656/EEC on the use of personal protective equipment, 92/57/EEC concerning requirements of safety in construction work. The provisions included in other "individual" Directives (86/188/EEC, 89/654/EEC, 90/270/EEC, 90/394/EEC, 90/679/EEC, 91/322/EEC, 92/29/EEC, 92/91/EEC, 92/104/EEC, 93/103/EEC, 96/94/EC, 98/24/EC, 1999/92/EC) will be transposed by the end of 2002 (see the transposition schedule in the Annex).

Latvia recognises and implements fully the acquis communautaire of the Chapter "Safety and Health at Work", except the following Directives, for the implementation of which Latvia requests to be granted periods of transition:

1) 89/655/EEC concerning the minimum safety and health requirements for the use of work equipment by workers at work - until 1 July 2004;

2) 89/654/EEC concerning the minimum safety and health requirements for workplaces - until 31 December 2004;

3) 90/270/EEC on the minimum safety and health requirements for work with display screen equipment - until 31 December 2004.

Transitional periods are necessary because currently the organisation of the labour protection system in undertakings and the standards adopted differ from the position adopted by the European Union. In order to implement fully the required safety and health measures at work, employers will have to make considerable investments.

Justification for requesting transitional periods

Directive 89/655/EEC concerning the minimum safety and health requirements for the use of work equipment by workers at work

The requirements of the Directive are incorporated into the "Regulations on Minimum Labour Safety and Health Protection Requirements for the Use of Work Equipment" of 8 February 2000, issued by the Cabinet of Ministers, which were enforced as of 1 July 2000. These Regulations lay down a provision that work equipment which has been in use before 1 July 2000, should be changed to conform to the provisions of these Regulations not later than within four years after the enforcement of the Regulations.

The Regulations apply to equipment used in every sphere of operations except some specific spheres mentioned in the Labour Protection Law.

Considering the costs involved when work equipment is improved, a transitional period has been set by the Regulations in order to achieve conformity to the requirements. The length of this transition period coincides with the length of time when most of the equipment becomes obsolete, and thus the costs of its replacement will be considerably lower, resulting in lower costs of implementing the said requirements on the national scale.

Directive 89/654/EEC concerning the minimum safety and health requirements for the workplace

The requirements of the Directive will be transposed in the Cabinet of Ministers Regulations "On Minimum Labour Safety and Health Protection Requirements in Workplaces". The Regulations include a provision that any workplaces equipped before 1 August 2000 should be changed by 31 December 2004, in accordance with the requirements of the Regulations.

The Regulations shall apply to all workplaces in all sectors of the national economy, except workplaces in vehicles, the mining industry, on board fishing vessels, in agricultural or forestry enterprises which are located separately from the buildings or construction sites and workplaces in emergency situations.

The provisions of the Regulations will apply to 850,000 employees, including 170,000 employees working in public institutions (as public and civil servants), and the cost estimates are about 8 million lats (~4.3 million â¬)^[1]. In the private sector, 40 million lats (~ 21.4 million â¬) will be needed to transform 680,000 workplaces.

The highest costs are involved where the existing workplaces have to be modified.

When applying the requirements of Directive 89/654/EEC in the local conditions of Latvia, it was found that the average cost of arranging one workplace in Latvia as required by the Cabinet Regulations will be 47 lats (~25 â¬) (suitability of buildings, installation of electrical wiring, emergency exits and passages, ventilation, windows for lighting, doors, gates, changing rooms, sanitation rooms, first aid rooms etc., the required work equipment and traffic roads).

Directive 90/270/EEC on the minimum safety and health requirements for work with display screen equipment

The requirements laid down in the Directive will be transposed into the Cabinet of Ministers Regulations "Rules of Labour Safety and Health Protection for Work with Display Screens". The Regulations include a provision that workstations organised before 1 January 2001, must be rearranged by 31 December, 2004, in conformity with the requirements provided for in these Rules.

The Rules will lay down standards applicable to the size, layout, lighting, indoor climate (humidity level, temperature, radiation) of rooms, equipment of the workplace (tables and chairs must be adjustable), noise level, display screen, keyboard, software etc.

A transitional period is necessary because the employers will have to invest large sums in order to implement fully the measures of labour protection required according to the new legislation.

There will be the following supplementary implementation costs during the transition period: in state-financed (public) institutions the annual costs will be up to 0,9 million lats (~ 0.48 million â¬), and during the whole transition period 3,6 million lats (~ 1.9 million â¬) will be needed (for 37,000 workstations). In the private sector the expenses will be up to 6,4 million lats (~ 3.4 million â¬) annually and 25,8 million lats (~ 13.8 million â¬) during the whole transition period (for 250,000 workstations).

Institutional provisions

The State Labour Inspection is the institution responsible for the supervision of and control over the application of legislative standards. Supplementary training of State Labour Inspection staff and rising of its administrative capacity has been planned to support the implementation of the new legislation, including upgrading of staff knowledge about the way the EU standards are to be introduced and applied in practice.

Currently the basic function of the State Labour Inspection is that of control, supervision, imposition of sanctions and issue of licences for performing certain operations. In the new approach the primary task of labour inspectors will be consultancy and information work related to the implementation of new regulations, which will include providing consultation to employers concerning the practical implementation of the new legislative provisions, and participation in developing a uniform approach to practical application.

Employment

Legislation

The development trends of employment policy in Latvia are set by taking the EU Employment strategy into consideration; in accordance with the annual guidelines, a National Employment Plan is being developed in order to implement this strategy.

Employment policy is regulated by the Law "On Employment" (23 December 1991) which lays down provisions regulating the status of an unemployed person, his or her rights and obligations, and active measures to promote employment (vocational training and retraining, temporary paid community work, job seekers' clubs and career guidance).

On 22 February 2000, the Cabinet of Ministers approved the first National Employment Plan developed based on the EU employment guidelines. The National Employment Plan includes measures aimed at promoting employment by using an active approach instead of a passive approach to employment activity: improvement of the vocational education system in co-operation with social partners to bring vocational education closer to the demand on the labour market; granting of loans to small and medium-size enterprises; improvement of the business environment, a family support programme, and other activities.

Institutional provisions

Since 1992 a system has been created to provide assistance to those who have lost employment: legislation is in place, State Employment Service has been established which has a flexible structure, and active employment promoting measures have been made available. Employment is promoted by implementing national Concept Papers and programs to stimulate economic growth (Medium-term economic strategy in the context of EU accession, the National programme for the development of small and medium-size businesses, the Concept of Latvia's regional policy development, the Concept of public administration reform, the National program for integration into the European Union, the Concept of the educational system, the National youth concept, the State program of youth policy, the Rural development program of Latvia etc.).

The drafting of the National Employment Plan is co-ordinated by the Ministry of Economy. Issues of reducing unemployment and promoting employment are in the competence of the Ministry of Welfare. Issues relating to the vocational education of young people as potential labour force and that of adults are in the competence of the Ministry of Education and Science. Improvements in co-operation among state institutions, local governments, employers and trade unions as regards employment matters is ensured by the Sub-council for Vocational Education and Employment under the National Tripartite Co-operation Council.

In order to increase the proportion of active employment promoting activities in the depressed regions, the unemployment rate and the number of unemployed people who belong to target groups (young, long-term and pre-retirement age unemployed persons) are taken into account when financing is allocated to regions.

The State Employment Service, the State Labour Inspection and the Professional Career Guidance Centre are involved in implementing labour market policies. The State Social Insurance Agency ensures the payment of unemployment benefits.

The strengthening of the administrative capacity of the State Employment Service is ongoing and will be continued. The ongoing computerisation project is aimed at the computerisation of all State Employment Service regional offices and the development of a joint information network.

European Social Fund

Latvia will be ready to apply Regulation 1260/1999 on the Structural Funds and Regulation 1784/1999 on the European Social Fund and to participate in the operation of the Fund upon accession to the European Union.

Institutional provisions

The institution responsible for the preparation of the required system and for capacity building to ensure the functioning of the European Social Fund is the Ministry of Welfare, which works in co-operation with the Ministry of Economy and the Ministry of Education and Science.

The preparatory process for the European Social Fund to be introduced into Latvia is currently going on in the framework of the EU Phare multinational "Special Preparation Programme" (SPP-ESP). Practical knowledge required for the administration and budgeting of EU financial instruments is partly acquired by implementing the Decentralised Implementation System of the EU Phare projects.

Latvia has developed a training programme for work with the European Social Fund, which will be implemented by the National Training Centre at the School of Public Administration.

Public Health

Legislation

Legislation in the sphere is partly harmonised with the acquis communautaire.

Requirements of Directive 90/239/EEC concerning the maximum tar content in cigarettes and Directives 89/622/EEC and 92/41/EEC concerning the labelling of tobacco products have been incorporated into the Law "On the Restrictions Regarding Sale, Advertising and Use of Tobacco Products" and the Cabinet of Ministers "Regulations on the Circulation of Tobacco and Tobacco Products". The requirements of the Directive concerning the maximum tar content in cigarettes will be in force as of 1 January 2003. Also, this Law includes a non-discriminatory prohibition to import, product and market chewing and sniffing tobacco, which Latvia regards as necessary to preserve on the basis of Article 30 (ex 36) of the Treaty establishing the European Community.

The prohibition is introduced only for considerations of public health, particularly to prevent young people from using nicotine at an early age. In such forms, tobacco has not been used in Latvia at least for the last 50 years and law has prohibited this since 1997.

The following documents have been worked out: "The Strategy of Promoting Health for 1999-2003", which is in full compliance with the EU requirements concerning the promotion of public health, health information, health education and training programmes; "The Strategy to restrict the spreading of HIV and AIDS in Latvia in 1999-2003", which fully conforms to the EU requirements, and "The State strategy for narcotic drugs control and prevention of drug addiction for 1999-2003". Work is under way on developing "The Strategy of Public Health", which will mark the principal development trends in the sphere of public health in Latvia. It is expected that this strategy will be approved by the Government at the end of 2000.

In accordance with the "Epidemiological Safety Law" (11 December 1997) an efficiently functioning system of monitoring infections diseases has been created in the country.

Latvia is preparing to participate in the European Community programmes for public health.

Issues in the spheres of pharmaceuticals and food safety are discussed under Chapter "Free movement of goods".

Institutional provisions

The institutions which are responsible for exercising control over the implementation of requirements included in the Directives are the Latvian Certification Centre, which determines the tar and nicotine content in cigarettes, and also the Board of Excise Goods under the State Revenue Service, which issues business licences to work with tobacco products and also issues special permits to retailers who trade in tobacco products; the Board of Excise Goods also supervises the market.

Epidemiological supervision, prevention of and control over infectious diseases is the function of several institutions: the National Environmental Health Centre, the State Centre for Sexually Transmitted and Skin Diseases, the AIDS Prevention Centre and the State Tuberculosis and Pulmonary Centre.

Besides the above, public health issues are addressed and monitored by the State Committee for Co-ordination of Control over Sexually Transmitted Diseases and AIDS Epidemics, the Commission for the Co-ordination of Narcotic Drugs Control and Fight against Drug Addiction, the Health Promotion Centre, the Latvian Centre for Infectology, the Latvian Centre for Oncology and the Health Statistics and Medical Technologies Agency.

Taking into account all the aforementioned, the Republic of Latvia proposes that negotiations should be held concerning the application of transitional periods to implement Directive 89/655/EEC by 1 July 2004, and Directives 89/654/EEC and 90/270/EEC by 31 December 2004. 
 

ANNEX

Schedule of transposition
of acquis communautaire in the field of safety and health at work

[1] Here and further in the text 1 EURO = 0.535 lats (average exchange rate of November 2000).