Text consolidated by Valsts valodas centrs (State
Language Centre) with amending laws of:
10 May 2001 [shall come
into force from 1 June 2001];
27 September 2001 [shall come into force from 19 October
2001];
2 December 2004 [shall come into force from 4 January
2005];
8 December 2005 [shall come into force from 14 December
2005];
26 October 2006 [shall come into force from 22 November
2006];
14 June 2007 [shall come into force from 15 July
2007];
13 December 2007 [shall come into force from 1 January
2008];
12 December 2008 [shall come into force from 1 January
2009];
11 June 2009 [shall come into force from 14 July
2009];
22 October 2009 [shall come into force from 18 November
2009];
1 December 2009 [shall come into force from 1 January
2010];
14 July 2011 [shall come into force from 11 August
2011];
12 September 2013 [shall come into force from 1 January
2014];
25 September 2014 [shall come into force from 22 October
2014];
25 February 2016 [shall come into force from 10 March
2016];
22 November 2017 [shall come into force from 1 January
2018].
If a whole or part of a section has been amended, the
date of the amending law appears in square brackets at
the end of the section. If a whole section, paragraph or
clause has been deleted, the date of the deletion appears
in square brackets beside the deleted section, paragraph
or clause.
|
The Saeima1 has adopted and
the President has proclaimed the following Law:
On Regulators of Public
Utilities
Chapter I
General Provisions
Section 1. Purpose of this Law
The purpose of this Law is to ensure the possibility of
receiving continuous, safe and qualitative public utilities whose
tariffs (prices) conform to economically substantiated costs, as
well as to promote development and economically substantiated
competition in regulated sectors, determining the procedures for
the regulation of public utilities and the legal relations in the
provision of public utilities.
Section 2. Scope of Application of
this Law
(1) This Law prescribes the general procedure for the
regulation of public utilities and basic principles for the
development and operation of the regulatory system.
(2) The State shall regulate the provision of public utilities
as a commercial activity in the following sectors (hereinafter -
regulated sectors):
1) energy;
2) electronic communications;
3) postal services;
4) [25 February 2016];
5) municipal waste management;
6) water management.
(3) [11 June 2009]
(4) The Cabinet shall determine types of the public utilities
in the regulated sectors whose provision requires regulation.
(5) [14 June 2007]
[2 December 2004; 26 October 2006;
14 June 2007; 11 June 2009; 25 February 2016]
Section 3. Regulated Public
Utilities
Manufacture of goods, provision of services and infrastructure
(the complex of engineering structures or engineering solutions,
as well as the complex of resources related to the use thereof
necessary for the manufacture of goods or provision of services)
services in the regulated sectors according to the special laws
and regulations of the sectors (hereinafter - public utilities)
are the regulated public utilities whose provision shall be
regulated in accordance with this Law.
[11 June 2009]
Section 4. Providers of Public
Utilities and Users of Public Utilities
(1) A provider of public utilities is a merchant which
provides public utilities in the regulated sectors in a
particular territory and whose activities in the provision of
public utilities are regulated in accordance with this Law.
(2) Users of public utilities (hereinafter - users) are
natural or legal persons who receive public utilities from the
providers of public utilities.
[27 September 2001; 2 December
2004]
Section 5. Basic Principles for
Regulation of Public Utilities
Public utilities shall be regulated by a Public Utilities
Regulatory Authority established in accordance with this Law
which shall operate independently and autonomously in performing
the functions determined in this Law, when taking decisions and
issuing administrative acts in order to protect the interests of
users and to promote the development of providers of public
utilities in accordance with the principles of justice,
transparency, neutrality, equality and proportionality.
Chapter II
Public Utilities Regulatory Authority - the Regulator
Section 6. Public Utilities
Regulatory Authority
(1) Public utilities in the regulated sectors shall be
regulated by the Public Utilities Commission (hereinafter -
Regulator).
(2) The Regulator shall independently perform the functions
delegated to it by law and, within the scope of its competence,
shall take decisions independently and issue administrative acts
binding upon specific providers and users of public
utilities.
(3) The State Civil Service Law shall not apply to the
Regulator.
[27 September 2001; 11 June 2009;
14 July 2011]
Section 7. Regulator
(1) The Regulator shall supervise the compliance with this Law
and compliance with special laws and regulations of the regulated
sectors in the provision of public utilities in the regulated
sectors.
(2) The Regulator shall be institutionally and functionally
independent, full-fledged, autonomous body governed by public law
and unassisted in the implementation of its budget approved by
law.
(3) The decision-making body of the Regulator shall be a
Council. The Council shall, on behalf of the Regulator, take
decisions and issue administrative acts binding upon specific
providers and users of public utilities.
(4) The Saeima shall, according to the recommendation of the
Cabinet, appoint to office the Chairperson of the Regulator who
shall also be the Chairperson of the Council (hereinafter
-Chairperson) and four council members for five years. The
Cabinet by means of a competition shall select applicants for the
office of the council members. A council member may be appointed
to office repeatedly not more than once.
(5) If the term of office of a council member for some reason
terminates prior to expiry of the determined term of office, the
Saeima, upon recommendation of the Cabinet, shall appoint another
council member to office.
(6) The Regulator is a derived legal person governed by public
law. The Regulator has its own property, an independent balance
sheet and an account with the Treasury.
[10 May 2001; 2 December 2004; 11
June 2009; 14 July 2011]
Section 8. Regulator in the Local
Government Regulated Sectors
[11 June 2009]
Section 9. Functions of the
Regulator
(1) The Regulator shall perform the following functions:
1) protect the interests of users and promote the development
of providers of public utilities;
2) determine the methodology for calculation of tariffs;
3) determine the tariffs if special laws concerning the
sectors do not provide for other procedures for determining the
tariffs;
4) licence the provision of public utilities or register the
provider of public utilities;
5) examine disputes in the cases and in accordance with the
procedures laid down in this Law;
6) promote competition in the regulated sectors and supervise
compliance of the public utilities with the conditions of the
licence, provisions of the general authorisation, specific
quality requirements, technical provisions, standards, as well as
contract provisions;
7) upon request of the ministries responsible for the
regulated sectors, provide information to them and make
recommendations to such ministries on issues regarding the
regulation of public utilities;
8) inform the public of its activities and also of the
activities of providers of public utilities in the provision of
public utilities;
9) perform other functions specified in special laws of a
sector;
10) [14 July 2011];
11) [14 July 2011].
(2) The Regulator shall, within the scope of its competence,
take decisions independently and issue administrative acts
binding upon specific providers and users of public
utilities.
(3) The Regulator shall ensure the protection of the
information at its disposal regarding the providers of public
utilities and their activities.
[11 June 2009; 14 July 2011; 25
September 2014]
Section 10. Rights of the
Regulator
(1) When performing the functions determined by law, the
Regulator is entitled to request and receive, without hindrance,
from the providers and users of public utilities, from the State
and local government institutions, as well as from officials, the
information required for the performance of these tasks,
regardless of the security grading thereof.
(2) The Chairperson of the Regulator may take part in the
meetings of a committee of the Cabinet. The Regulator shall
submit draft laws and regulations for examination in the Cabinet
via the member of the Cabinet who is politically liable for the
relevant field, sector or sub-sector. Authorities, which submit
draft laws and regulations related to the regulation of public
utilities to the Cabinet, shall also submit them to the Regulator
for co-ordination.
(3) The Regulator shall examine applications and complaints
concerning the provision of public utilities.
(4) The Chairperson of the Regulator or his or her authorised
official is entitled to draw up an administrative violation
report to a provider or user of public utilities, which is
examined in accordance with procedures laid down in the Latvian
Administrative Violations Code.
(5) [11 June 2009]
(6) [11 June 2009]
(7) The Regulator shall determine the quality requirements for
the provision of public utilities.
[2 December 2004; 11 June 2009; 14
July 2011]
Section 11. Independence of the
Regulator
(1) The Regulator shall be independent in the performance of
the functions specified in law.
(2) The Regulator shall not, when performing its functions, be
subordinated to the State or local government institutions.
(3) [11 June 2009]
(4) An administrative act of the Regulator issued in
accordance with this Law, or an actual action of the Regulator
may be appealed to an Administrative Regional Court. The
Administrative Regional Court shall examine the case as a court
of first instance in the composition of three judges. A judgement
of the court may be appealed by submitting appeal in
cassation.
(5) The submission of an application to a court for
revocation, recognition as not in effect or null and void of the
administrative act issued by the Regulator shall not suspend the
operation of such administrative act.
[10 May 2001; 11 June 2009; 14 July
2011]
Section 12. Responsibility of the
Regulator
(1) The Regulator shall be responsible for the lawfulness of
its activities.
(2) Losses caused by an unlawful decision or an unlawful
administrative act of the Regulator shall be compensated in
accordance with the procedures laid down in laws and
regulations.
[2 December 2004]
Section 13. Transparency of the
Activities of the Regulator
(1) Decisions taken by the Regulator shall be public and be
published in accordance with the procedures laid down in this
Law.
(2) The Regulator shall provide information to the State and
local government institutions and authorities, as well as make
recommendations to users, and take other measures to ensure
transparency of its activities, to explain the action of the
providers of public utilities and to monitor the attitude of the
public to such.
Section 14. Supervision of the
Activities of the Regulator
(1) The Regulator shall, once a year by 1 July, submit to the
Saeima a written report on its activities in the previous year
and a full financial statement audited by a sworn auditor. This
information shall be published on the website of the
Regulator.
(2) [11 June 2009]
(3) The Regulator shall, each year, submit to the
Saeima a report regarding the implementation of the budget
of the Regulator approved by the law on the State budget for the
current year and the activities of the Regulator.
(4) The Regulator shall, every three years, perform an
independent assessment of the activities thereof and publish it
on the website of the Regulator.
[2 December 2004; 11 June 2009; 14
July 2011; 22 November 2017]
Section 15. Protection of the Rights
of Consumers in the Regulated Sectors
(1) The Regulator shall co-operate with the associations for
consumer rights protection established in accordance with the
procedures laid down in the Consumer Rights Protection Law and
protect consumer rights in the regulated sectors, as well as
co-operate with the supervisory and control institutions for
consumer rights protection.
(2) A representative from the Consumer Rights Protection
Centre or another competent and authorised State institution
within whose jurisdiction is the supervision and control of the
consumer rights protection in the relevant regulated sector is
entitled to take part in the meeting of the Regulator in the
capacity of an advisor if issues regarding the provision or
ensuring of public utilities in the relevant regulated sector are
examined at the meeting of the Regulator.
[11 June 2009]
Section 15.1 Consultative
Authority of Local Governments
[14 July 2011]
Chapter III
Licensing of Public Utilities and Registration of Providers of
Public Utilities
[25 September
2014]
Section 16. Licence for Public
Utilities
(1) A licence for public utilities (hereinafter - licence)
gives a provider of public utilities the right to assume
simultaneously similar obligations with respect to a number of
users in the territory determined in the licence (hereinafter -
territorial area of a licence) and determines the obligation of
the provider of public utilities to provide such users with
public utilities of a specified quality and quantity for the
tariffs determined.
(2) The Cabinet shall determine the procedures by which the
Regulator shall license the provision of public utilities and the
regulated sector merchants, as well as the procedures for
submitting an application for a licence if such is not laid down
in special laws of the sectors.
(3) If it is provided for in special laws and regulation of
regulated sectors, the Regulator shall issue a licence for a
specified period to the provider of public utilities and the
regulated sector merchants, indicating the types of public
utilities therein.
(4) The Regulator shall publish the decisions to issue
licences, cancel (revoke) licences granted, to refuse to grant a
licence, as well as on the amendments to the conditions of the
licence if such apply to the type of a public utility, term of
validity of a licence or territorial area of a licence on the
website thereof within 30 days from the date of the relevant
decision.
(5) The Regulator shall supervise the fulfilment of licence
conditions and the conformity of public utilities with the
licence conditions.
(6) [11 June 2009]
[2 December 2004; 11 June 2009; 14
July 2001; 25 September 2014]
Section 17. Conditions of a
Licence
(1) The type of public utility, the term of validity of the
licence, the territorial area of the licence as a geographical
territory, the possibilities for amendment and cancellation
(revocation) of the licence, as well as the special conditions
provided for by special laws and regulations of the regulated
sector shall be specified in a licence.
(2) Conditions of a licence shall be objectively justified,
fair, equal and public.
[2 December 2004]
Section 18. Amendments to the
Conditions of a Licence, Cancellation (Revocation) and Suspension
of Validity of a Licence
(1) A substantiated proposal to make amendments to the
conditions of a licence issued or to cancel (revoke) a licence
shall be submitted by a provider of public utilities to the
Regulator in accordance with the procedures stipulated by the
Cabinet.
(2) The Regulator shall amend the conditions of a licence
issued if:
1) amendments to the laws and regulations concerning the type
of regulated public utilities have come into force;
2) economically substantiated provision of public utilities
cannot be ensured in another way in the territorial area of the
licence;
3) a provider of public utilities has submitted a
substantiated proposal.
(3) The Regulator shall cancel (revoke) a licence issued to a
provider of public utilities if the provider of public
utilities:
1) fails to comply with or violates the conditions of the
licence issued to it;
2) fails to comply with or violates the requirements for
providing the public utilities laid down in laws and
regulations;
3) has been excluded from the Commercial Register;
4) has submitted a substantiated proposal;
5) within 12 months from the day of issue of the licence has
not commenced provision of public utilities (if the commencement
date for the provision of public utilities has not been
determined in the licence).
(4) The Regulator shall give a provider of public utilities a
written warning notice regarding the amendments to the conditions
of a licence at least 30 days in advance. In the case determined
in Paragraph two, Clause 3 of this Section the Regulator shall
determine the warning time period.
(5) The Regulator shall give a provider of public utilities a
written warning notice regarding the cancellation (revocation) of
a licence at least three months in advance. In the cases
determined in Paragraph three, Clauses 3, 4 and 5 of this
Section, as well as, when cancelling (revoking) the licence in
accordance with the Administrative Procedure Law, the Regulator
shall determine the warning time period.
(6) [25 September 2014]
(7) The Regulator shall suspend the validity of a licence
issued if there are justified suspicions regarding the fact that
the provider of public utilities fails to comply with or violates
the conditions of the licence issued thereto or the requirements
for provision of public utilities laid down in laws and
regulations, or if the operation of the provider of public
utilities has been suspended.
(8) The time period restrictions for the revocation of a
lawful administrative act specified in the Administrative
Procedure Law shall not be applied when making amendments to a
licence or cancelling (revoking) a licence in accordance with
this Law.
(9) The Regulator shall take a decision to issue a licence, to
cancel (revoke) the licence granted, to refuse to grant a
licence, on amendments to the conditions of the licence or to
suspend or renew the operation of the licence within the time
period laid down in the Administrative Procedure Law. A
submission regarding issuance of a licence, cancellation
(revocation) of the licence granted, on amendments to the
conditions of the licence or regarding renewal of operation of
the licence shall considered as submitted on the day when the
Regulator has received all the documents indicated in laws and
regulations and all the necessary information.
[2 December 2004; 11 June 2009; 14
July 2011; 25 September 2014]
Section 18.1 Registration
of the Providers of Public Utilities
(1) A provider of public utilities, whose operation must be
regulated, but the special laws and regulations of regulated
sectors do not provide for licensing or other registration, has
the right to commence the provision of public utilities, if it
has been registered with the register or list of providers of
public services (hereinafter - the register) in accordance with
the procedures laid down in this Law or special laws and
regulations of regulated sectors.
(2) The Regulator shall determine the provisions of the
general authorisation of the provision of a public utility
(hereinafter - provisions of the general authorisation), which
are binding to all registered providers of public utilities whose
operation must be regulated and which do not need a licence in
accordance with the special laws and regulations of regulated
sectors.
(3) The Regulator shall establish a register and ensure public
access thereto.
(4) The Regulator shall determine the following in the
provisions of the general authorisation, if special laws and
regulations of regulated sectors do not provide for other
procedures for registration:
1) the information to be included in the register;
2) the requirements for registration to be brought forward for
a provider of public utilities, and the procedures, by which the
provider of public utilities shall send a notification on
registration (hereinafter - notification on registration) or a
notification on termination of activity;
3) the information to be included in the notification on
registration or notification on termination of activity;
4) the procedures, by which a provider of public utilities
shall be excluded from the register and re-registered;
5) the procedures by which the Regulator shall inform the
submitter of a notification on registration regarding the time
period within which it will be registered, regarding the right to
commence the provision of public utilities, if a decision of the
Regulator to refuse to register the submitter of a notification
on registration has not been received within the prescribed
period, and regarding the possibilities to appeal the respective
decision of the Regulator.
(5) If within one month from the day of receipt of a
notification on registration the Regulator has not informed the
submitter of the notification in writing regarding refusal to
register it, it shall be deemed that the provider of public
utilities has been registered. A notification on registration
shall be deemed to have been received on the day when the
Regulator has received all the information indicated in the
provisions of the general authorisation.
(6) A provider of public utilities may terminate the provision
of the public utility, if it, in accordance with the procedures
laid down in laws and regulations, has sent a notification on
termination of activity to the Regulator and has been excluded
from the register.
(7) The Regulator shall exclude a provider of public utilities
from the register in the following cases:
1) the Regulator has received a notification of the provider
of public utilities regarding discontinuing the provision of
public utilities;
2) the operation of a provider of public utilities has been
suspended;
3) a provider of public utilities has been excluded from the
Commercial Register;
4) a provider of public utilities in accordance with the
Latvian Administrative Violations Code has been punished for
violating the provisions of the general authorisation and
repeatedly violated the provisions of the general
authorisation;
5) in other cases referred to in special laws and regulations
of regulated sectors.
(8) If a provider of public utilities has been excluded from
the register in accordance with Paragraph seven, Clause 4 of this
Section, it has the right to recommence the provision of public
utilities not earlier than after one year from the day of
exclusion, if it has eliminated the violation, for which it was
excluded from the register, has sent a new notification on
registration to the Regulator in accordance with the procedures
laid down in laws and regulations and has been re-registered in
accordance with the procedures laid down in this Law.
[25 September 2014]
Chapter IV
Setting of Tariffs
Section 19. Procedures for Setting
of Tariffs
(1) Providers of public utilities shall calculate tariffs for
public utilities in the regulated sectors in accordance with the
methodology determined for tariff calculation and, upon his or
her initiative or request of the Regulator, submit to the
Regulator drafts of the calculated tariffs together with a
substantiation of the costs making up the tariffs referred to in
the draft tariff calculation.
(2) The Regulator shall evaluate the draft tariffs submitted
by a provider of public utilities and calculated in accordance
with specific procedures and a substantiation of the costs making
up the tariffs referred to in the draft tariff calculation within
90 days from the receipt thereof. If the Regulator determines
that the draft tariffs have been calculated incorrectly or the
costs making up the tariffs referred to in the draft tariff
calculation are not substantiated, the Regulator may entrust a
provider of public utilities to perform recalculation of the
draft tariffs or reject the draft tariffs within 10 working
days.
(21) A provider of public utilities shall perform
recalculation of the draft tariffs within a time period
determined by the Regulator which may not be less than five
working days.
(3) [11 June 2009]
(4) [14 July 2011]
(5) The Regulator is entitled to request additional
information or documents if the draft calculated tariffs
submitted by a provider of public utilities and documents
substantiating the costs making up the tariffs do not contain
sufficient information to approve or reject objectively the draft
calculated tariffs. The provider of public utilities shall submit
the additional information or documents requested by the
Regulator within a time period stipulated by the Regulator which
may not be less than 10 days.
(6) If necessary, the Regulator shall invite representatives
of the relevant provider of public utilities and of the Consumer
Rights Protection Centre, representatives of the associations for
consumer rights protection established in accordance with the
procedures laid down in the Consumer Rights Protection Law or
independent experts to evaluate draft tariffs or provide
explanations.
(7) The Regulator shall approve or reject the evaluated draft
tariffs within 30 days from their examination.
(8) [11 June 2009]
(9) If the evaluated draft tariffs are rejected, the Regulator
shall provide a substantiated rejection to the provider of public
utilities within 10 days from the date of taking the relevant
decision.
(10) If the draft tariffs are approved, the Regulator shall
notify the provider of public utilities thereof within 10
days.
(11) [11 June 2009]
(12) [11 June 2009]
(13) The time period for the recalculation of the draft
tariffs and time period for the submission of additional
information or documents requested by the Regulator shall not be
included within the time period for the evaluation of the draft
tariffs determined in Paragraph two of this Section.
[10 May 2001; 2 December 2004; 11
June 2009; 14 July 2011]
Section 20. Tariff Levels
Tariffs shall be determined at such levels in order the tariff
payments made by users would cover economically substantiated
costs of public utilities and ensure profitability of the public
utilities, unless special laws of a sector provide for other
tariff determination principles. If factors that influence
tariffs change, for example, profitability, the Regulator may
propose a review of tariffs and request that a provider of public
utilities submits calculated draft tariffs together with a
substantiation of the costs making up the tariffs within a
determined time period.
[14 July 2011]
Section 21. Transparency of
Tariffs
(1) The Regulator shall publish the methodology determined for
calculating tariffs in the official gazette Latvijas Vēstnesis
and on its website within 10 days from the determination
thereof.
(2) The Regulator shall determine the procedures by which the
users may familiarise themselves with the draft tariffs submitted
by the providers of public utilities, and submit their proposals
and recommendations to the Regulator and the provider of public
utilities. The abovementioned procedures shall be published in
the official gazette Latvijas Vēstnesis within 10 days from the
determination thereof.
(3) A provider of public utilities shall publish information
regarding the calculated draft tariffs in the official gazette
Latvijas Vēstnesis and on its website, if any, within 10 days
from submitting the draft to the Regulator, as well as submit it
to the Regulator for the publication on the website of the
Regulator. If the draft tariffs of a provider of public utilities
apply to users of a certain administrative territory, the
provider of public utilities shall send the information regarding
the calculated draft tariffs to the relevant local government for
informing the inhabitants and publishing on its website.
(4) The Regulator shall publish a decision by which a tariff
is determined in the official gazette Latvijas Vēstnesis within
10 days following the taking thereof. If the determined tariff
applies to users of a certain administrative territory, the
Regulator shall send the decision by which the tariff is
determined to the relevant local government for informing the
inhabitants and publishing on its website.
(5) The approved tariffs shall enter into effect not earlier
than on the thirtieth day following their publication.
(6) The submission of an application to court for revocation,
recognition as not in effect or null and void of an
administrative act issued by the Regulator and by which a tariff
has been approved, shall not suspend the validity of such
administrative act.
(7) The Regulator shall, when determining the procedures
referred to in Paragraph two of this Section, assign a provider
of public utilities an obligation, when publishing the
information regarding the submitted draft tariffs, to specify
therein the changes proposed, the comparison of the tariffs in
effect and the tariffs proposed (increase or decrease), the date
of coming into effect of the proposed tariffs and substantiation
for the changes in tariffs if in accordance with the Freedom of
Information Law the information included in the draft tariffs and
substantiation of the costs making up the tariffs is generally
accessible.
[11 June 2009; 14 July 2011; 25
September 2014]
Chapter V
Activities of the Providers of Public Utilities
Section 22. Continuity, Safety and
Quality of the Provision of Public Utilities
(1) Providers of public utilities shall ensure the possibility
of receiving continuous public utilities during the whole term of
validity of a licence in accordance with the conditions of the
licence in the territorial area thereof.
(2) Providers of public utilities shall ensure observance of
the requirements for safety of public utilities determined for
the relevant regulated sector and the conformity of employee
qualification.
(3) Providers of public utilities shall ensure that the
quality of public utilities conforms to technical specifications,
standards and contract conditions. If during any period a
provider of public utilities cannot ensure a quality of public
utilities that conforms to technical specifications, standards
and contract conditions, the provider of public utilities shall
compensate the losses caused to the user in accordance with the
contract conditions or the requirements of laws and
regulations.
(4) Providers of public utilities shall use and promote the
introduction of effective, economic and safe technologies and
working methods to ensure and improve the quality of public
utilities.
(5) A provider of public utilities may in accordance with the
procedures stipulated by the Cabinet discontinue the provision of
public utilities to those users who have not paid for the public
utilities received or have not met other obligations with respect
to the provider of public utilities.
[14 July 2011]
Section 23. Restructuring and
Termination of the Activities of a Provider of Public
Utilities
[11 June 2009]
Section 24. Demand for the Public
Utilities
(1) A provider of public utilities shall ensure public
utilities in the territorial area of a licence upon a reasoned
request of users and other persons if the financial capabilities
and technical capabilities of the facilities or infrastructure of
such provider of utilities so permit.
(2) A provider of public utilities shall examine the demand
for public utilities, evaluate the substantiation thereof and the
costs necessary for providing the requested public utilities, and
not later than within 30 days following the receipt of a
registered request, notify the requester of the initiation of
provision of the public utilities.
(3) If the provision of the relevant public utilities is not
possible, a provider of public utilities shall, within 30 days
from the receipt of a registered request, provide a substantiated
written refusal to the requester and notify the Regulator
thereof.
(4) A provider of public utilities may come to an agreement
with the requester that the requester will cover supplementary
costs related to the initiation of provision of the public
utilities.
[2 December 2004]
Section 25. Provision of
Information
(1) A provider of public utilities shall, within the time
period and in accordance with the procedures stipulated by the
Regulator, submit to the Regulator the information requested by
the Regulator.
(2) A provider of public utilities shall provide the Regulator
free access to all information regarding the public utilities and
the necessary information regarding other types of commercial
activities, as well as the opportunity for the Regulator to
familiarise itself with the accounting documents of the provider
of public utilities.
(3) A provider of public utilities shall ensure the
opportunity for the Regulator to carry out the inspection and
control required for the performance of the public utility
regulatory functions, as well as an opportunity to access the
equipment and measuring instruments, observing safety
requirements.
(4) A provider of public utilities shall ensure the provision
of a reply to written submissions and complaints of users within
15 days following the receipt of a submission or complaint. If
additional examination or significant additional information is
necessary for the examination of a submission or complaint, the
provider of public utilities shall ensure provision of a reply
within 30 days following the receipt of a submission or
complaint.
(5) A provider of public utilities is entitled to dismiss a
submission or complaint without examination applying the
provisions of the Law On Submissions, as well as in a case when a
submission or complaint is not directly related to the service of
the provider of public utilities.
(6) A provider of public services shall inform a user
regarding the submission or complaint dismissed without
examination in writing within 15 days substantiating the decision
thereof.
[2 December 2004; 14 July 2011]
Section 26. Division of Types of
Public Utilities
(1), A provider of public utilities may simultaneously provide
public utilities of several types in a regulated sector.
(2) The accounting of a provider of public utilities shall
include separate accounts in respect of each type of public
utility. The referred to accounts shall be separated from the
total accounting.
[2 December 2004; 11 June 2009]
Section 27. Other Types of
Activities of a Provider of Public Utilities
(1) A provider of public utilities may, outside the regulated
sectors, carry out commercial activities, which shall, in
accordance with the procedures laid down in Section 26 of this
Law, be separated from the activities of the provision of public
utilities.
(2) A provider of public utilities has no right to utilise the
revenues from the tariffs to cover the costs related to its
commercial activities or other types of activities that are not
directly related to the provision of public utilities, including
sponsorship, donations or charity. The restriction referred to in
this Section shall not apply to the cases when the provider of
public utilities uses the revenues from the tariffs as donations
to associations, foundations and religious organisations or the
institutions thereof registered in the Republic of Latvia to
which the status of a public benefit organisation has been
granted in accordance with the Public Benefit Organisation Law.
The amount of donations shall not be included in the costs
substantiating the tariffs.
[27 September 2001; 2 December
2004; 8 December 2005; 22 October 2009]
Section 28. Take-Over of the
Territorial Area of a Licence of a Provider of Public
Utilities
(1) The Regulator shall take a decision on the necessity to
take over the territorial area of the licence of a provider of
public utilities:
1) if the licence of the provider of public utilities is to be
cancelled (revoked);
2) if the term of validity of the licence of a provider of
public utilities expires in six months and the provider of
utilities does not wish to continue the provision of such public
utilities for which a new licence is required;
3) if a provider of public utilities for some reason is unable
to ensure continuous, safe and qualitative public utilities.
(2) If the Regulator takes a decision to take over the
territorial area of a licence of a provider of public utilities,
the Regulator shall, within 10 working days, notify the
responsible ministry of the relevant regulated sector or the
relevant local government thereof. The responsible ministry of
the relevant regulated sector or the local government in whose
territory the provider of public utilities is located shall
appoint temporarily a person responsible for the public utilities
determined in the licence of the provider of public utilities in
order to take the measures to encourage merchants to take over
the provision of public utilities in the territorial area of the
licence.
(3) In order to ensure the realisation of the activities
determined in this Section, the person responsible for the public
utilities determined in the licence of a provider of public
utilities shall inform the Regulator or the local government
regarding the performance of his or her tasks and is entitled to
choose the methods for tendering, competition or selection of
applicants.
[2 December 2004]
Chapter VI
Financing the Activities of the Regulator
Section 29. Financing the Activities
of the Regulator
(1) The activities of the Regulator shall be financed from
revenue which has been obtained by collecting the State duty for
the regulation of public utilities (hereinafter - the State duty)
and by collecting payments for the utilities provided by the
Regulator, which have been specified in other laws and
regulations.
(2) The amount of the fee for the utilities provided by the
Regulator and the procedures for payment shall be determined in
other laws and regulations, taking into account the
administrative costs of the Regulator and the expenses necessary
for the provision of the relevant utility.
[22 November 2017]
Section 30. Payers and Use of the
State Duty
(1) To ensure the regulation of public utilities, all
providers of public utilities in the regulated sectors shall pay
the State duty.
(2) The State duty in the regulated sectors shall be paid into
the State budget and deposited to the account of the Regulator in
the Treasury. The State duty paid in the regulated sectors shall
be used only for ensuring the activities of the Regulator.
(3) [11 June 2009]
(4) [14 July 2011]
(5) A provider of public utilities shall not be refunded the
State duty paid in the following cases:
1) the licence issued to the provider of public utilities has
been cancelled or suspended;
2) the provider of public utilities has been excluded from the
register or a note has been made in the register on suspending
the activity of the provider of public utilities;
3) regulation of the public utility has been terminated.
[2 December 2004; 13 December 2007;
11 June 2009; 14 July 2011; 25 September 2014; 22 November
2017]
Section 31. Amount and Procedures
for the Payment of the State Duty
(1) The annual rate of the State duty shall be 0,2 per cent of
the net turnover of the public utilities provided by the merchant
in the calendar year before last, but not less than EUR 200 in
the calendar year.
(2) The State duty paid by a merchant for each type of public
utility in the regulated sector shall not exceed the amount of
the rate specified in Paragraph one of this Section of the total
net turnover of the public utilities provided by the merchant in
the calendar year before last, but shall not be less than EUR 200
in the calendar year.
(3) The amount of the State duty payable in the calendar year
shall be divided into four equal parts. The merchant shall pay
the first part until 10 January, the second part until 10 April,
the third part until 10 July and the fourth part until 10
October.
(4) The amount of the State duty payable in the calendar year
may be adjusted when making the last payment in the calendar
year.
(5) A merchant which commences the provision of public
utilities shall pay the State duty for the first year of activity
from the planned net turnover of the public utility of the
relevant type in the first year of activity but not less than EUR
200 in the calendar year. The merchant shall pay the State duty
for the second year of activity from the net turnover of the
public utilities provided by the merchant in the preceding
calendar year, but not less than EUR 200 in the calendar
year.
(6) If a merchant who has commenced providing public utilities
has paid the State duty for the first year of activity in
accordance with Paragraph five of this Section, which is not less
than EUR 200 in a calendar year but is less than the rate
specified in Paragraph one of this Section, it shall pay the
remainder of the amount of the State duty by 30 January of the
following year.
(7) If the State duty paid in the relevant calendar year
exceeds the costs necessary for ensuring the activities of the
Regulator, the amount that exceeds the costs necessary for
ensuring the activities of the Regulator shall be deposited to
the account of the Regulator in the State duty stocks in the
Treasury (hereinafter - the stocks) and used for ensuring the
activities of the Regulator in the subsequent periods in
accordance with the budget of the Regulator approved by the law
on the State budget.
(8) The amount of stocks in the account of the Regulator in
the Treasury at the end of the year shall not exceed 25 per cent
of the actual amount of State duty revenue of the Regulator of
the financial year before last.
(9) If the actual amount of stocks in the account of the
Regulator at the end of the year exceeds 25 per cent of the
actual amount of State duty revenue of the Regulator of the
financial year before last, the amount of the State duty to be
paid in the following year in the amount of the actual excess of
the accrual in proportion to the State duty paid in the
respective year shall be reduced to the provider of public
utilities which has paid the State duty for the respective
calendar year.
(10) The State duty shall be administered by the Regulator in
accordance with the law On Taxes and Duties.
(11) If a merchant has not paid the State duty within the time
period specified in Paragraphs three, four and six of this
Section, the late payment charge shall be calculated for it in
accordance with the law On Taxes and Duties.
(12) The Regulator shall refund the amount of the State duty
incorrectly paid from its budget within a period of 15 days after
receipt of a substantiated submission of the payer of the State
duty by the Regulator.
(13) The State duty shall be paid into the account of the
Regulator in the Treasury through the intermediation of such a
provider of payment services which has the rights to provide
payment services within the meaning of the Law on Payment
Services and Electronic Money.
[22 November 2017]
Chapter VII
Examination of Disputes
[14 July 2011 /
New wording of this Chapter shall come into force on 30 September
2011. See Paragraph 26 of Transitional Provisions]
Section 32. Out-of-Court Examination
of Disputes
(1) The Regulator, as an out-of-court instance, shall examine
disputes between a provider and user of public utilities or
between providers of public utilities regarding their rights and
obligations arising from this Law or special laws and regulations
of the regulated sector (hereinafter - dispute).
(2) Prior to applying to the Regulator with a submission in
which it is requested to examine a dispute, the parties involved
therein shall take the measures for settlement of the dispute in
the form of amicable agreement.
(3) A provider and user of public utilities have the right to
settle a dispute in court in accordance with the procedures laid
down by the Civil Procedure Law without applying to the Regulator
with a submission regarding examination of the dispute.
(4) A provider and user of public utilities shall lose the
right to apply to the Regulator if he or she has used the right
determined in Paragraph three of this Section or three years have
passed since the date of arising of the subject of the
dispute.
(5) The Regulator shall apply the procedures laid down in this
Law when examining a dispute.
(6) A dispute between a provider and user of public utilities
or between providers of public utilities regarding losses,
payment documents or collection of debt shall be examined by
court in accordance with the procedures laid down in the Civil
Procedure Law.
[25 September 2014]
Section 33. Submission Regarding the
Examination of a Dispute
(1) In order the Regulator may examine disputes in accordance
with the procedures laid down in this Law, a provider or user of
public utilities shall lodge a submission in writing to the
Regulator regarding examination of the dispute.
(2) A provider or user of public utilities shall specify the
following information in a submission regarding examination of a
dispute:
1) a submitter (for a natural person - given name, surname,
place of residence or other information which helps to identify a
person; for a legal person - firm name, registration number and
legal address);
2) a defendant (for a natural person - given name, surname,
place of residence or other information which helps to identify a
person; for a legal person - firm name, registration number and
legal address);
3) other participants to the matter or interested persons;
4) subject of the dispute and claim of the submitter;
5) evidence which attests that measures for the settlement of
the dispute in the form of amicable agreement have been
taken.
(3) A submitter shall attach written materials to a submission
regarding examination of the dispute and other evidence which
substantiates arising of the dispute and subject of the dispute
and proves the measures taken for the settlement of the dispute
in the form of amicable agreement.
Section 34. Representation of the
Parties
(1) Natural persons shall conduct their matter in the
examination of a dispute by themselves or through the
intermediation of authorised representatives.
(2) Matters of legal persons in the examination of a dispute
shall be conducted by their officials who are acting within the
scope of the powers granted by law, articles of association or
by-law, or by other representatives authorised by legal
persons.
(3) The parties involved in the dispute may invite advocates
for the provision of legal assistance during the proceedings for
the examination of a dispute.
(4) Representation of natural persons shall be formalised with
a notarially certified power of attorney. The person represented
may express the authorisation to a representative as an oral
notification at the meeting where the dispute is examined and a
record shall be made thereon in the minutes of the meeting where
the dispute is examined.
(5) Representation of legal persons shall be formalised with a
written power of attorney or documents attesting to the right of
an official to represent the legal person without special
authorisation.
(6) Authorisation of an advocate to provide legal assistance
shall be confirmed by a retainer. If the advocate acts as an
authorised representative of a party involved in the dispute,
such authorisation shall be confirmed by a written power of
attorney.
(7) A representative has the right to perform all procedural
actions on behalf of the person represented. If the matter of a
natural person is conducted through the intermediation of an
authorised representative, the Regulator's notifications and
documents shall be sent only to the representative.
(8) All procedural actions performed by a representative in
accordance with the power of attorney issued to him or her are
binding upon the person represented.
(9) A person represented may, at any time, revoke the
authorisation given to his or her representative, informing the
Regulator in writing thereof. Oral notification regarding the
revocation of the authorisation may be given at the meeting where
the dispute is examined and a record shall be made thereon in the
minutes of the meeting where the dispute is examined.
(10) A representative has the right to withdraw from the
conducting of a matter, informing the Regulator and the person
represented in writing thereof.
Section 35. Evaluation of the
Submission Regarding the Examination of a Dispute
(1) The Regulator shall, not later than within 30 days from
the day when a submission regarding examination of a dispute has
been received, evaluate the submission, the written materials
attached thereto and other evidence which substantiate the
initiation of the dispute, the subject of the dispute and prove
the measures taken for the settlement of the dispute in the form
of amicable agreement and carry out one of the following
activities:
1) in the cases determined in Paragraph two of this Section
shall not examine the dispute and shall provide a reply to the
submission regarding the examination of the dispute;
2) shall take a decision to initiate examination of the
dispute.
(2) If the compliance with at least one of the following
conditions has been detected, the Regulator shall not examine the
dispute and in accordance with the Law On Submissions shall
provide a reply to the submission regarding examination of the
dispute which is signed by the Chairperson of the Regulator:
1) there is no basis for the initiation of the examination of
the dispute in accordance with this Law or special laws and
regulations of the regulated sector;
2) a submitter has not submitted a certification that the
possibilities to settle a dispute in the form of amicable
agreement have been used. A written complaint or claim sent or
submitted to a defendant and the reply thereof, if any, may be
such a certification.
(3) The Regulator shall specify the following information in
the decision to initiate examination of the dispute:
1) a submitter (for a natural person - given name, surname,
place of residence or other information which helps to identify a
person; for a legal person - firm name, registration number and
legal address), a representative thereof and the basis for
representation;
2) a defendant (for a natural person - given name, surname,
place of residence or other information which helps to identify a
person; for a legal person - firm name, registration number and
legal address), a representative thereof and the basis for
representation;
3) subject of the dispute and claim of the submitter;
4) evidence of the submitter regarding the measures taken for
the settlement of the dispute in the form of amicable
agreement;
5) finding that a dispute on the merits shall be examined in
the Regulator;
6) substantiation of the decision;
7) legal norms applied (Section of the regulatory enactment,
the Paragraph, Clause and Sub-paragraph thereof).
(4) A decision to initiate examination of the dispute shall
enter into effect on the day of taking thereof and may not be
appealed.
(5) The Regulator shall send the decision of the Regulator to
initiate examination of the dispute to the participants of the
matter within five working days following the taking thereof.
Section 35.1 Time Period
for Examination of a Dispute
The Regulator shall evaluate the dispute on the merits,
determine the facts that are necessary in order to take a
decision and examine a dispute within three months from the day
of taking the decision to initiate examination of the
dispute.
Section 35.2 Proceedings
for the Examination of a Dispute
(1) The Council of the Regulator shall take all decisions on
the matter of examination of a dispute in accordance with the
procedures laid down in this Law.
(2) A dispute shall be examined at a council meeting. Meetings
of examination of a dispute shall be open. In certain cases, when
examining issues of confidential nature, a dispute shall be
examined in a closed meeting upon a written substantiated request
of the parties involved in the dispute.
(3) The Regulator shall invite the parties involved in a
dispute or representatives thereof to a meeting in writing,
specifying the time and place of the meeting, in order to listen
to the explanations and objections.
(4) A provider and a user of public utilities involved in a
dispute shall implement the procedural rights thereof in the form
of competition. Both parties involved in the dispute have equal
rights to express their opinion and defend their rights.
(5) A competition shall take place by providing explanations
by the parties involved in the dispute, submitting evidence,
applications addressed to the Regulator, participating in the
listening to the experts, verification and assessment of other
evidence, in a meeting of examination of a dispute and carrying
out other procedural activities in accordance with the procedures
laid down in this Chapter.
(6) During the examination of a dispute the Regulator or any
of the parties involved in a dispute may invite an expert for the
provision of the opinion.
(7) If the Regulator or any of the parties involved in a
dispute wishes to invite an expert or carry out other activities
the purpose of which is acquisition of evidence, the expenses
shall be covered respectively by the Regulator or by that party
involved in the dispute which has initiated such activities.
(8) A dispute shall be examined in the official language.
(9) The parties involved in a dispute shall submit the
documents in foreign languages by attaching a translation in the
official language certified in accordance with specific
procedures.
(10) The parties involved in a dispute or representatives
thereof who are not fluent in the official language shall ensure
the assistance of the interpreter by themselves.
(11) The minutes of the meeting of the examination of a
dispute and decisions taken by the Regulator shall be prepared in
writing in the official language.
(12) The Regulator may examine a dispute without presence of
the parties involved in the dispute or representatives thereof
only on the basis of the submitted written or other evidence if
the documents present in the matter are sufficient and if the
parties involved in the dispute or representatives thereof, when
submitting written evidence, have agreed in writing thereon.
(13) The Regulator may examine a dispute without presence of
the parties involved in the dispute or the representatives
thereof at the meeting if the parties involved in the dispute or
the representatives thereof have not arrived to the meeting of
the examination of a dispute.
(14) If any of the parties involved in the dispute or the
representatives thereof warn the Regulator regarding not arriving
to the meeting of the examination of a dispute, the Regulator
may, taking into account the information regarding the reasons
for not arriving provided by the party involved in the dispute or
the representative thereof, suspend examination of the
dispute.
(15) During examination of a dispute the Regulator shall,
prior to taking the decision to examine the dispute, offer the
parties involved in the dispute to agree on amicable
agreement.
(16) The Regulator shall terminate the proceedings of
examination of a dispute, if the submitter revokes a submission
regarding examination of a dispute.
[25 September 2014]
Section 35.3 Amicable
Agreement
(1) If during the examination of a dispute the parties
involved in the dispute enter into an amicable agreement, the
Regulator shall terminate proceedings for the examination of the
dispute.
(2) The parties shall enter into an amicable agreement in
writing and specify the following therein: for a natural person -
given name, surname, personal identification number and place of
residence; for a legal person - firm name, registration number
and legal address; subject of the dispute and obligations of each
party involved in the dispute which he or she undertakes to
perform voluntarily.
(3) According to the submission of the parties involved in the
dispute the Regulator shall confirm the amicable agreement by its
decision if the provisions thereof are not in contradiction with
the law. Such decision shall have the same legal force as the
decision to examine the dispute.
Section 35.4 Decision to
Examine a Dispute
(1) The Regulator shall take a decision in the matter
regarding examination of a dispute and determine the procedures
and deadlines for the fulfilment thereof.
(2) The Regulator shall send the decision to examine a dispute
to the parties involved in the dispute within five working days
following the taking thereof.
(3) The Regulator shall indicate the following information in
the decision to examine the dispute:
1) name and address of the Regulator;
2) a submitter (for a natural person - given name, surname,
place of residence or other information which helps to identify a
person; for a legal person - firm name, registration number and
legal address), a representative thereof and the basis for
representation;
3) a defendant (for a natural person - given name, surname,
place of residence or other information which helps to identify a
person; for a legal person - firm name, registration number and
legal address), a representative thereof and the basis for
representation;
4) claim of the submitter;
5) opinions and arguments of the parties involved in the
dispute, if any, and evidence;
6) opinions of experts, if any;
7) finding of facts established on the basis of evidence when
examining the dispute;
8) substantiation of the decision;
9) legal norms applied (Section of the law or regulation,
Paragraph, Clause and Sub-paragraph thereof);
10) adjudication of the Regulator which includes a legal
obligation assigned to the addressee, the procedure and deadline
for the fulfilment of the adjudication and the procedures for
entering into effect of the decision;
11) where, in what time period and in accordance with what
procedures a participant of the matter is entitled to apply to
court.
(4) If the party involved in a dispute is not satisfied with
the decision of the Regulator to examine the dispute, he or she
is entitled to apply to court or arbitration in accordance with
the procedures laid down in the Civil Procedure Law within 30
days from the day when the decision to examine the dispute has
been taken and the court or arbitration shall examine such matter
on the merits.
(5) If the party involved in the dispute is not satisfied with
the decision of the Regulator to examine the dispute and within
the time period referred to in Paragraph four of this Section in
accordance with the procedures laid down in the Civil Procedure
Law has applied to an arbitration but the arbitration has taken
the decision to terminate the proceedings or recognised that the
dispute is not subjected to the arbitration, the party involved
in the dispute which is not satisfied with the decision of the
Regulator is entitled to apply to court in accordance with the
procedures laid down in the Civil Procedure Law within 30 days
from the day of entering into effect of the decision of the
arbitration.
(6) The decision of the Regulator to examine the dispute shall
enter into legal effect on the day when:
1) the time period referred to in Paragraphs four and five of
this Section expires if neither of the parties involved in the
dispute has not submitted the relevant statement of claim
regarding the subject of the dispute to court or arbitration;
2) the time period referred to in Paragraphs four and five of
this Section expires if the relevant statement of claim regarding
the subject of the dispute has been submitted within this time
period but the decision to refuse to accept the statement of
claim has entered into effect;
3) the time period referred to in Paragraphs four and five of
this Section expires if the relevant statement of claim regarding
the subject of the dispute has been submitted within this time
period but the decision to consider the statement of claim as not
submitted and return to the claimant has entered into effect;
4) the decision of the court by which the claim has been
dismissed without examination has entered into effect, except the
case when the claim has been dismissed without examination
because the dispute in the matter of the claim between the same
parties involved in the dispute, regarding the same subject and
on the same basis is under examination of the same or another
court;
5) the decision of the court by which legal proceedings have
been terminated has entered into effect, except the case when
legal proceedings have been terminated because a judgment of the
court made in the dispute between the same parties involved in
the dispute, regarding the same subject and on the same basis has
entered into effect; the parties have entered into an amicable
agreement and the court has confirmed it or the parties have
agreed regarding the transfer of the dispute for the examination
to the arbitration in accordance with the procedures laid down in
the law;
6) the decision of the arbitration to terminate the
arbitration proceedings has entered into effect because the
claimant has revoked his or her claim and the defendant does not
object against it or the parties agree on the termination of the
dispute in the form of amicable agreement.
(7) If the party involved in the dispute submits a statement
of claim to court or arbitration in accordance with the
procedures laid down in Paragraph four of this Section regarding
the subject of the dispute which concerns a part of the decision
of the Regulator, the decision of the Regulator in the part
regarding which a statement of claim is not submitted to court or
arbitration shall enter into effect when the deadline determined
in Paragraph four of this Section has terminated.
(8) A party involved in the dispute, as well as a legal
successor thereof following the entering into legal effect of the
decision of the Regulator to examine the dispute is not entitled
to lodge a submission to the Regulator anew regarding the same
subject on the same basis.
(9) A decision of the Regulator to examine the dispute which
has entered into legal effect shall be mandatory for the parties
involved in the dispute.
(10) The parties involved in the dispute shall not prove anew
the facts established by the decision of the Regulator which has
entered into legal effect to examine the dispute in the same
matter when another matter is being examined at the Regulator
regarding the examination of another dispute in which the same
parties involved in the dispute participate.
(11) The fulfilment of the decision of the Regulator to
examine a dispute shall be ensured within amount and time periods
determined in the decision.
(12) If the decision of the Regulator to examine a dispute is
not fulfilled voluntarily the interested party involved in the
dispute shall be entitled to apply to court with an application
regarding the issue of a writ of execution for the forced
fulfilment of the decision of the Regulator regarding the
examination of the dispute.
Chapter VIII
Composition and Activities of the Regulator
Section 36. Composition of the
Regulator
(1) The Regulator shall consist of a Council composed of a
Chairperson and four members appointed in accordance with the
procedures laid down in this Law, and an executive body
subordinated to the Council and which performs the functions of
its secretariat and experts in order to prepare issues and
documents for examination at the council meetings and to
implement decisions taken and administrative acts issued by the
Council.
(2) [25 February 2016]
(3) [25 February 2016]
[10 May 2001; 2 December 2004; 11
June 2009; 25 February 2016]
Section 37. Candidates for the
Council Membership
In order to be appointed as a council member, a candidate must
be a citizen of the Republic of Latvia who has a relevant higher
education, whose knowledge and experience ensure performance of
the tasks determined by this Law and who complies with the
requirements of the Law On Official Secrets that shall be
fulfilled in order to receive a special permit for access to
official secrets.
[11 June 2009]
Section 38. Restrictions for the
Council Members and Candidates
(1) Council members or candidates for such position may not be
persons:
1) who are or have been participants (members) of
organisations prohibited by the laws of the Republic of Latvia,
by decisions of the Supreme Council or by court adjudication
following the prohibition of such organisations;
2) who have been convicted of the commission of an intentional
criminal offence;
3) who have previously committed a crime but have been
released from serving the sentence in connection with the
expiration of a limitation period, amnesty or clemency;
4) against whom a criminal prosecution has been initiated for
an intentional criminal offence;
5) who have been recognised as non-complying with the
requirements of the Law On Official Secrets which must be
fulfilled in order to receive a special permit for access to
official secrets.
(2) Restrictions for a council member with respect to
commercial activities, earning of income, combination of offices
and performance of work, as well as other restrictions and duties
related thereto, insofar as they are not laid down in this Law,
shall be laid down in the Law On Prevention of Conflict of
Interest in Activities of Public Officials.
(3) A council member may not be a member of the Saeima or a
local government council or hold elected offices in the
management of political organisations or parties.
(4) Following the termination of the term of office the
restrictions for a council member with respect to commercial
activities, earning of income, combination of offices and
performance of work, as well as other restrictions and duties
related thereto, shall be laid down in the Law On Prevention of
Conflict of Interest in Activities of Public Officials.
[2 December 2004; 11 June 2009; 14
July 2011]
Section 39. Assuming Office as a
Council Member
A council member shall assume office and take up his or her
duties of office starting with the date determined when
appointing him or her to office. A council member, upon his or
her appointment to office until the date when he or she takes up
his or her duties of office, shall prevent all the restrictions
laid down in law with respect to council members.
Section 40. Dismissal or Removal
from Office of a Council Member
(1) A council member during his or her term of office shall
not be removed, except in cases specified in this Law.
(2) The Saeima, upon recommendation of the Cabinet, shall
remove a council member from office prior to the expiry of his or
her term of office only in the following cases:
1) a submission for resignation from office has been received
from the relevant person;
2) the relevant person due to illness or some other reason has
not been able to perform his or her duties of office for more
than six successive months;
3) a restriction determined in Section 38 of this Law has been
found to be or has become applicable.
(3) A council member shall be provided a justification for his
or her removal from the office, and upon request of the council
member it is published in the official gazette Latvijas
Vēstnesis.
[25 September 2014]
Section 41. Chairperson of the
Council
(1) The Chairperson of the Council shall also be a council
member and shall be responsible for the performance of the
functions of the Regulator specified in law.
(2) The Chairperson shall:
1) manage and organise the work of the Regulator and represent
the Regulator;
2) chair the council meetings;
3) be a manager of the financial resources of the Regulator
and provide the Council with quarterly information with respect
to implementation of the budget;
4) give direct instructions to the employees of the executive
body.
(3) During the absence of the Chairperson, his or her duties
shall be performed by a council member designated by the
Chairperson but in the absence of such designation, by the
council member previously designated by the Chairperson.
(4) Specific duties of the Chairperson may be performed by a
council member designated by the Chairperson.
(5) The Chairperson has the right to issue instructions to
council members only with respect to organisational matters
pertaining to performance of the duties of office.
[2 December 2004]
Section 42. Convening and Lawfulness
of a Council Meeting
(1) Council meetings shall be convened and chaired by the
Chairperson.
(2) The Chairperson shall convene a council meeting if at
least three council members request it.
(3) The Council is entitled to take decisions if at least
three council members participate in the meeting.
(4) The time and agenda of a council meeting shall be
announced according to procedures stipulated by the Council.
(5) Copies of the documents regarding the issues to be
examined at a council meeting shall be appended to the
agenda.
(6) Minutes of the council meetings shall be kept in writing.
All council members who participated in the meeting shall sign
the minutes of the meeting.
[2 December 2004]
Section 43. Taking Council
Decisions
(1) The Council shall take decisions by voting and the
Chairperson shall sign the decisions.
(2) The decision shall be taken, if at least three council
members vote for it.
(3) Voting shall be open and the results of the voting shall
be recorded in the minutes, specifying the vote of each council
member separately for each issue examined at the meeting and with
an entry "for" or "against".
(4) When signing the minutes of a meeting, council members may
record their views regarding the issues under examination or make
a note regarding the appending of a written substantiation of
their views to the minutes.
[14 July 2011; 25 September
2014]
Section 44. Organisation and
Structure of the Work of the Regulator
(1) The Council shall determine the procedures for organising
the internal work of the Regulator and the structure of the
executive body.
(2) The Council shall approve the by-law that regulates the
activities of the Regulator, work organisation of the executive
body and procedure for the appointment of heads of units, and
determine the procedures for preparing draft decisions and other
documents proposed for examination at a council meeting.
(3) [2 December 2004]
(4) A council member may have a consulting employee
(hereinafter - adviser). The Regulator shall enter into an
employment contract with an adviser for the term of office of the
relevant council member. Upon proposals of such council member
the Regulator may give a notice on employment contract with the
adviser at any time, without indicating the reasons for giving a
notice. After termination of the employment contract the adviser
has the right to receive a benefit in the amount of one monthly
wage. Its shall not apply to cases when the adviser continues
work with the Regulator in another office.
[10 May 2001; 2 December 2004; 11
June 2009; 25 September 2014]
Section 45. Restrictions on
Providing Information
(1) A Chairperson, council members and employees of the
executive body, as well as the persons invited to the activities
of the Regulator, are prohibited from divulging publicly the data
or other restricted information related to the performance of the
functions of the Regulator that in the course of performing the
duties of the office or in another way has become known to them
regarding the activities of the providers of public utilities or
their commercial activities in general, except specific cases
specified in laws and regulations.
(2) Council members and employees of the executive body, as
well as the persons invited to the activities of the Regulator
are only entitled to divulge information that in the course of
performing the duties of the office has become known to them
regarding the activities of the providers of public utilities or
their commercial activities in general if such information is
public in accordance with the Freedom of Information Law.
(3) The Regulator shall determine the status of restricted
access to information or any part thereof received from a
provider of public utilities, if the provider of public utilities
clearly indicates the relevant documents and a justification for
the determination of such status.
(4) If the provider of public utilities has not fulfilled the
requirements laid down in Paragraph three of this Section or the
proposal to assign the status of restricted access information to
the particular information is unjustified, the Regulator shall
notify the provider of public utilities thereof.
(5) If the provider of public utilities does not eliminate the
deficiencies indicated in the notification referred to in
Paragraph four of this Section within seven days from the day
when the notification of the Regulator was received, the
Regulator may refuse to determine the status of restricted access
to the information submitted by the provider of public utilities,
notifying the provider of public utilities thereof.
(6) The Regulator may request that the provider of public
utilities, for the information received from which the status of
restricted access must be determined, submits a general report
which does not include restricted access information.
[10 May 2001, 2 December 2004; 25
September 2014]
Section 46. Remuneration of the
Council Members and Employees of the Executive Body
Remuneration of the council members and employees of the
executive body shall be determined in accordance with the Law On
Remuneration of Officials and Employees of State and Local
Government Authorities.
[1 December 2009]
Section 47. Legal Protection and
Service Identification Documents of the Council Members and
Employees of the Executive Body
(1) Persons guilty of influencing council members or employees
of the executive body or of preventing them from the exercise of
their rights determined by law, of their defamation or injuring
their dignity, or committing threats or violence against them or
committing a threat to their life in connection with the
performance of official duties shall be held liable in accordance
with procedures laid down in law.
(2) Council members and employees of the executive body shall
have service identification documents which must be produced when
performing official duties.
Transitional Provisions
1. Until 1 July 2001 the Cabinet shall:
1) determine the types of public utilities requiring
regulation in the State regulated sectors;
2) submit to the Saeima proposals regarding applicants for the
office of council members of the Public Utilities Commission in
accordance with the procedures laid down in Section 7 of this
Law;
3) issue the regulations provided for by this Law.
2. The Public Utilities Commission shall commence its
activities on 1 September 2001 and until 1 October 2001 shall
take over the functions of regulation of public utilities in the
relevant State regulated sectors from the Energy Supply
Regulatory Commission, the Railway Administration and the
Ministry of Transport.
3. Until 1 October 2001 the Public Utilities Commission shall
take over the regulation of telecommunications from the
Telecommunication Tariff Council and shall be the legal successor
as regards the limited liability company Lattelekom. The Public
Utilities Commission shall regulate telecommunications in
accordance with the Law On Telecommunications adopted on 4 May
1993 until the moment when the abovementioned law is
repealed.
4. Until 1 June 2002 local governments shall ensure the
establishment of local government utility regulators or the
entering into an agreement with the Commission regarding the
regulation of public utilities in the administrative territory of
the relevant local government. Until establishment of the local
government regulator or the entering into an agreement, the
functions of a local government regulator, except the function
determined in Section 9, Paragraph one, Clause 5 of this Law,
shall be fulfilled by the council of the relevant local
government.
[27 September 2001]
5. Licences which have been issued by another authority or
institution prior to the coming into force of this Law, shall
remain valid until the expiry of the validity of the relevant
licence.
6. Those tariffs which in accordance with this Law are treated
as tariffs for public utilities but are determined in accordance
with other regulatory enactments and are in effect on the day
when this Law comes into force, shall remain in effect until the
expiry of the term determined for such or until the moment when
the tariffs for public utilities determined in accordance with
this Law enter into effect.
7. Section 10, Paragraph four of this Law shall come into
force following the relevant amendments have been made to the
Administrative Violations Code.
8. The new revision of Section 2, Paragraph three, Clause 1 of
this Law (regarding the right of the local government regulator
to regulate disposal of municipal waste in waste landfill sites
and dumps) shall come into force on 1 January 2007.
[26 October 2006]
9. [14 July 2011]
10. If an application regarding an administrative act on
approval of a tariff issued by a local government regulator has
been submitted to court and thus the operation of such instrument
is suspended in accordance with Section 185, Paragraph one of the
Administrative Procedure Law, the operation of the relevant
administrative act shall be renewed on 1 December 2006. Following
1 December 2006 the operation of such administrative act may be
asked to be suspended in accordance with the procedures laid down
in law.
[26 October 2006]
11. In 2009 the remuneration (salary, bonuses, etc.)
determined in accordance with this Law shall be determined in
accordance with the Law On Remuneration of Officials and
Employees of State and Local Government Authorities in 2009.
[12 December 2008]
12. Until 1 November 2009 the Public Utilities Commission
shall take over the regulation functions in the relevant local
government regulated sectors from the local government regulators
or local government city or municipality councils (rural
territory councils).
[11 June 2009]
13. The term of office of the chairperson of a local
government regulator shall be in effect until 31 December 2009,
but the term of office of council members - until 31 October 2009
regardless of the expiry of the determined term of office.
Chairpersons of local government regulators shall transfer the
matters related to regulation of public utilities to the Public
Utilities Commission until 31 October 2009.
[11 June 2009]
14. Until the day when the methodology in the sector of
energy, municipal waste management and water management developed
by the Public Utilities Commission enters into effect, the
Cabinet Regulation No 281 of 26 June 2001, Tariff Calculation
Methodology for Public Utilities in Local Government Regulated
Sectors shall be applied.
[11 June 2009]
15. Licences issued by a local government regulator prior to
the coming into force of the amendments to the law regarding the
liquidation of local government regulators, shall be valid until
the end of the term of validity thereof.
[11 June 2009]
16. [14 July 2011]
17. If an application has been submitted to Administrative
Regional Court regarding an administrative act of the Regulator
issued until 31 October 2009, the decision regarding the
submitted application shall be taken, as well as the
administrative matter shall be examined and the court
adjudication in such matter shall be taken and appealed in
accordance with the Administrative Procedure Law.
[11 June 2009]
18. Amendment to Section 37 and Section 38, Paragraph one,
Clause 5 of this Law, which set out the requirements and
determine restrictions for the council members and their
candidates in relation to the compliance with the Law On Official
Secrets, shall not apply to those council members who have been
appointed prior to coming into force of the relevant
amendments.
[11 June 2009]
19. Local government city or municipality council (rural
territory council) or municipality council which is a legal
successor of the relevant local government city or municipality
council (rural territory council), local government authorities,
finances, property and obligations shall, until 31 December 2009,
liquidate the local government regulator which regulates the
provision of public utilities in the administrative territory of
the relevant local government establishing the liquidation
commission of a local government regulator in accordance with the
procedures laid down in laws and regulations.
[11 June 2009]
20. If a local government regulator has been established by
several local governments, the local government city or
municipality councils (rural territory councils) or municipality
councils which are legal successors of the relevant local
government city or municipality councils (rural territory
councils), local government authorities, finances, property and
obligations shall, prior to the liquidation, agree regarding the
conditions thereof.
[11 June 2009]
21. A liquidation commission of a local government regulator
shall, until 31 December 2009, ensure that the audited report for
2009 of the relevant local government regulator and the closing
balance sheet of the activities of the institution as on 31
October 2009 are developed and submitted to the relevant local
government city or municipality council (rural territory
council). A chairperson and a chief accountant of the local
government regulator shall be authorised to sign the audited
report for 2009 of the relevant local government regulator and
the closing balance sheet of the activities of the institution
until 31 December 2009.
[11 June 2009]
22. The activities of the liquidation commission of a local
government regulator shall be financed from the budget of the
relevant local government regulator. The State duty for 2009
regarding the regulation of public utilities in the local
government regulated sectors shall be paid in full amount into
the budget of the relevant local government and assigned to the
account of the local government regulator.
[11 June 2009]
23. The Cabinet shall, until 1 September 2009 in accordance
with the provisions of Section 9, Paragraph one, Clauses 10 and
11 of this Law, submit to the Saeima relevant amendments to the
Energy Law and Law On Safety of Hydrotechnical Structures of
Hydroelectric Power Stations.
[11 June 2009]
24. Deletion of Section 9, Paragraph one, Clauses 10 and 11 of
this Law shall come into force on 1 July 2012.
[14 July 2011]
25. The Regulator shall examine the disputes whose examination
has been initiated until the time when the amendments to Sections
32-35 of this Law came into force and take a decision in the
matter regarding the settling of the dispute in accordance with
the procedures laid down in this Law which were in force until
the time when amendments to Sections 32-35 of this Law came into
force. A decision of the Regulator in the matter regarding the
settling of the dispute which has been initiated until the time
when the amendments to Sections 32-35 of this Law came into force
may be appealed to the Administrative Regional Court. The
Administrative Regional Court shall examine the case as a court
of first instance in the composition of three judges. A judgement
of the court may be appealed by submitting appeal in
cassation.
[14 July 2011]
26. New version of Chapter VII Examination of Disputes of this
Law shall come into force concurrently with the relevant
amendments to the Civil Procedure Law.
[14 July 2011]
27. If the State duty paid until 1 January 2018 exceeds the
costs necessary to ensure the activities of the Regulator in
2017, the amount that exceeds the costs necessary for ensuring
the activities of the Regulator shall, in 2018, be transferred to
the stocks referred to in Section 31, Paragraph seven of this Law
and used for ensuring the activities of the Regulator in the
subsequent periods in accordance with the budget of the Regulator
approved by the law on the State budget.
[22 November 2017]
Informative Reference to European
Union Directives
[14 July
2011]
This Law contains legal norms arising from:
1) Directive 2009/72/EC of the European Parliament and of the
Council of 13 July 2009 concerning common rules for the internal
market in electricity and repealing Directive 2003/54/EC (Text
with EEA relevance);
2) Directive 2009/73/EC of the European Parliament and of the
Council of 13 July 2009 concerning common rules for the internal
market in natural gas and repealing Directive 2003/55/EC (Text
with EEA relevance);
3) Directive 2009/136/EC of the European Parliament and of the
Council of 25 November 2009 amending Directive 2002/22/EC on
universal service and users' rights relating to electronic
communications networks and services, Directive 2002/58/EC
concerning the processing of personal data and the protection of
privacy in the electronic communications sector and Regulation
(EC) No 2006/2004 on cooperation between national authorities
responsible for the enforcement of consumer protection laws (Text
with EEA relevance);
4) Directive 2009/140/EC of the European Parliament and of the
Council of 25 November 2009 amending Directives 2002/21/EC on a
common regulatory framework for electronic communications
networks and services, 2002/19/EC on access to, and
interconnection of, electronic communications networks and
associated facilities, and 2002/20/EC on the authorisation of
electronic communications networks and services (Text with EEA
relevance);
5) Directive 2002/21/EC of the European Parliament and of the
Council of 7 March 2002 on a common regulatory framework for
electronic communications networks and services (Framework
Directive).
This Law shall come into force on 1 June 2001 but Section 7,
Paragraph four and Sections 37 and 38 on 1 March 2001.
This Law has been adopted by the Saeima on 19 October
2000.
President V. Vīķe-Freiberga
Rīga, 7 November 2000
1 The Parliament of the Republic of
Latvia
Translation © 2019 Valsts valodas centrs (State
Language Centre)