Regulations Regarding the List of Assay Supervisory Authorities Authorised by and of Independent Assay Supervisory Authorities of the European Union Member States, Swiss Confederation, Turkey, or a State of the European Economic Area, the Procedures for the Inclusion of Such Assay Supervisory Authorities in the List, and the Procedures for the Recognition of Marks of Such Assay Supervisory Authorities or Fineness Marks

Issued pursuant to
Section 9, Paragraph two of the law
On Supervision of Official Fineness

1. The Regulation prescribes the list (Annex) of assay supervisory authorities authorised by and of independent assay supervisory authorities (public or private) of the European Union Member States, Swiss Confederation, Turkey, or a state of the European Economic Area (hereinafter - the authorities), the procedures for the inclusion of such authorities in the list, and the procedures for the recognition of marks of such authorities or fineness marks until inclusion of such authorities in the list.

2. An authority conforming to the following criteria shall be included in the list of the authorities:

2.1. the authority is independent from the manufacturer (trader) and the consumer;

2.2. the authority is competent in the performance of analyses of the precious metal composition which is certified by its accreditation or a decision of the Standing Committee in accordance with the Convention on the Control and Marking of Articles of Precious Metals;

2.3. the authority has a mark of the authority or a fineness mark in accordance with the law On Supervision of Official Fineness.

3. Valsts sabiedrība ar ierobežotu atbildību "Latvijas proves birojs" [State limited liability company Assay Office of Latvia] (hereinafter - the Office) shall:

3.1. continuously collect information on the authorities;

3.2. inform the Ministry of Finance of the necessary amendments to the list of the authorities.

[22 December 2009]

4. Amendments to the list of the authorities may be suggested by any person. In order to suggest amendments to the list of the authorities, the person shall submit a submission to the Ministry of Finance. The following shall be indicated in the submission:

4.1. by a legal person - the firm name, registration number in the Commercial Register, and legal address of the submitter, by a natural person - the given name, surname, personal identity number, and address;

4.2. the name and address of the authority, and also an image of the impress of the mark of the authority or the fineness mark shall be appended;

4.3. a description of the relevant amendment (supplementation of the list of the authorities with a new authority or deletion of an authority currently in the list from such list);

4.4. the information available to the submitter certifying that the authority conforms to the criteria referred to in Paragraph 2 of this Regulation or does not conform to them.

[22 December 2009]

5. The Office shall publish the information referred to in Sub-paragraphs 4.2 and 4.3 of this Regulation on its website.

[22 December 2009]

6. If, upon commencing the selling of precious metal articles, the relevant precious metals have been marked with the mark or fineness mark of such authority which is not included in the list, the performer of economic activity shall submit a submission to the Ministry of Finance in accordance with Paragraph 4 of this Regulation.

[22 December 2009]

7. The Ministry of Finance shall, without delay, assign the Office to verify the information on the authority included in the submission to ascertain the conformity of the authority with the criteria referred to in Paragraph 2 of this Regulation. The Office shall, within three weeks, submit the obtained information and opinion to the Ministry of Finance for taking a decision.

[22 December 2009]

8. If the obtained information attests that the authority referred to in the submission conforms to the criteria referred to in Paragraph 2 of this Regulation, the Ministry of Finance shall take the decision to advance the authority for inclusion in the list, prepare a relevant draft legal act, and inform the submitter and the Office of the decision taken. The Minister for Finance shall submit the draft legal act to the Cabinet according to the specified procedures.

[22 December 2009]

9. If the obtained information attests that the authority referred to in the submission does not conform to the criteria referred to in Paragraph 2 of this Regulation, the Ministry of Finance shall take the decision not to advance the authority for inclusion in the list and shall send the decision to the submitter and the Office. The Office shall publish the abovementioned information on its website.

[22 December 2009]

10. If the Cabinet rejects the proposal on supplementation of the list of the authorities with the authority referred to in the submission, the Ministry of Finance shall notify the submitter and the Office thereof. The Office shall publish the abovementioned information on its website.

[22 December 2009]

11. If a precious metal article has been marked with the mark of the authority or a fineness mark, however, it has been decided not to include the relevant authority in the list of the authorities in accordance with Paragraphs 9 and 10 of this Regulation, selling of the relevant precious metal article with the existing mark of the authority or fineness mark shall be permitted for one month after publication of the information referred to in Paragraph 9 or 10 of this Regulation on the website of the Office.

[22 December 2009]

12. If the Ministry of Finance repeatedly receives the submission referred to in Paragraph 4 of this Regulation and a decision has already been taken on the relevant authority that it does not conform to the criteria referred to in Paragraph 2 of this Regulation and if less than six months have elapsed since taking of the relevant decision, the Ministry of Finance shall commence repeated verification of the information included in the submission only if such information has been appended to the submission which confirms the conformity with the criteria referred to in Paragraph 2 of this Regulation.

[22 December 2009]

Acting for the Prime Minister -
Minister for Finance E. Repše

Minister for Economics A. Kampars

Annex
Cabinet Regulation No. 855
4 August 2009

List of Assay Supervisory Authorities Authorised by and of Independent Assay Supervisory Authorities of the European Union Member States, Swiss Confederation, Turkey, or a State of the European Economic Area (Public of Private)

[23 November 2010; 15 February 2011; 20 February 2018]

Minister for Economics A. Kampars

Translation © 2020 Valsts valodas centrs (State Language Centre)