Text consolidated by Valsts valodas centrs (State Language Centre) with amending laws of: 15 March 2012 [shall come into force from 18 April 2012]; 16 May 2013 [shall com into force from 18 June 2013]; 8 June 2017 [shall come into force from 1 July 2017]. 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:

Freedom to Provide Services Law

Chapter I
General Provisions

Section 1. Terms Used in the Law

The following terms are used in the Law:

1) competent authority - an institution of direct or indirect administration which issues an authorisation to the performer of economic activity for the provision of a specific service, or a person authorised by this institution who performs the task of administration in accordance with an external regulatory enactment or on the basis of a delegation contract;

2) authorisation - a document issued by the competent authority (for example, a licence, special authorisation, registration certificate, certificate, consent) which certifies the compliance of the performer of economic activity with the requirements of the laws and regulations governing the specific service or the field of services and gives the right to the recipient of the authorisation to provide certain services;

3) authorisation scheme - an aggregate of activities specified in the laws and regulations governing the relevant field of services which the performer of economic activity shall fulfil in order to receive an authorisation of the competent authority for the commencement, continuation or renewal of the provision of a certain service;

4) provider of another Member State - a provider who performs systematic and continuous economic or professional activity in the field of services in accordance with the legislation of another European Union Member State or European Economic Area state;

5) Member State - a European Union Member State or a European Economic Area state;

6) Internal Market Information system - an information exchange system managed by the Commission of the European Communities with the intermediation of which the mutual administrative cooperation of the competent authorities of the European Union Member States and European Economic Area states is implemented for the implementation or application of the European Community legislation governing the internal market of the European Union (hereinafter - the IMI system);

7) provider registered in the Republic of Latvia - a merchant or other registered person registered in the Republic of Latvia who is entitled to perform economic activity in the field of services;

8) recipient - a legal person or partnership which receives a service within the scope of its economic activity for a purpose related to this economic activity or the provision thereof, and also a natural person who receives a service for its use or final consumption;

9) service - an order by the recipient performed within the scope of the economic activity of a person for remuneration or without remuneration. Manufacturing shall not be considered to be a service, nor will an order implemented by a person who, being an employee, is in employment relationships with an employer or holds a position which gives the right to remuneration;

9¹) public place - any place outside the permanent place of provision of a service that independently of the actual use or type of ownership thereof is accessible for the recipient of a service;

10) public interest - protection of public health and morale, public order and safety, human life and health, the protection of animals and plants, the implementation of the social policy and cultural policy aims, the protection of the wealth of the national cultural historical heritage and contemporary art, the protection of industrial and commercial property, environmental protection, fiscal monitoring, the financial consolidation of the social security system, the protection of commercial transactions, the combating of fraudulent transactions, the protection of consumers and employees, other considerations specified by legislation, and also such protection which ensures the level of safety of a service compliant with the laws and regulations of the Republic of Latvia;

11) restriction on economic activity - the obligation of the provider specified in a regulatory enactment or authorisation. The conditions of contracts or collective agreements entered into by subjects governed by private law shall not be considered to be a restriction on economic activity, and none of these subjects shall be considered to be the authorised person of an institution of direct or indirect administration who performs the task of administration in accordance with an external regulatory enactment or on the basis of a delegation contract.

[15 March 2012; 16 May 2013]

Section 2. Purpose and Operation of the Law

(1) The purpose of this Law is:

1) to promote the free movement of services and to ensure the rights to freely perform economic activity in a Member State in the field of services;

2) to determine the organisational and legal grounds for the provision and receipt of services so that a provider and recipient might implement and protect his or her legitimate rights in the internal market of the European Union.

(2) This Law shall not apply to:

1) the field of (public) services of general interest where the provision of services is not related to economic and commercial considerations;

2) the field of the prevention of the abuse of the dominant position of a market participant and the ensuring of control of the aid provided for a commercial activity, and also the field of public procurement;

3) measures of the policy implemented by the State in the field of the official language, culture and mass media (if the purpose thereof is to guarantee the preservation and development of linguistic and cultural diversity, and also to protect the diversity of opinions in the mass media);

4) the field of criminal law;

5) the field of employment (for the regulation of employment relationships, the protection of safety and health at work);

6) the field of State social insurance;

7) the field of the creation and administration of tax policy;

8) the field of private international law, including the protection of consumer rights in the field of private international law;

9) the field of the circulation of weapons, ammunition, explosives, explosive devices, special means and Class 1, 2, 3 or 4 pyrotechnic articles, separate components of these items, and ancillary devices [for production (manufacture), export, import, and transit];

10) the field of the circulation of goods of strategic significance [for production (manufacture), export, import, and transit].

(3) This Law shall not apply to the following services:

1) financial services;

2) electronic communications services, electronic communications networks and installations related thereto, insofar as they are regulated by the Electronic Communications Law;

3) transport services, including port services, to which Title VI of the Treaty on the Functioning of the European Union applies;

4) temporary work placement services;

5) health care services in a regulated field, and also pharmaceutical services;

6) services provided by audiovisual mass media for reception by the public irrespective of its method of transmission, including cinema services;

7) the organisation of gambling and lotteries;

8) services related to the State administration, and also the services of persons equivalent to public officials;

9) services of social work, social care, social rehabilitation, and professional rehabilitation provided by the institutions of direct or indirect administration or by authorised persons of these institutions;

10) private security services;

11) [15 March 2012];

12) services related to the performance of functions of judicial power, and also the services of persons belonging to the judicial system.

[15 March 2012]

Section 3. Legal Basis for the Regulation of Economic Activity and Relations with Other Legislation

(1) The legal basis for the regulation of economic activity in the field of services is this Law, the Commercial Law, the Consumer Rights Protection Law, the Electronic Documents Law, and other laws and regulations governing the specific service or the field of services, and also the international treaties binding on the Republic of Latvia and the legislation of the European Union.

(2) This Law governs economic activity in the field of services insofar as it is not in contradiction with special legal norms included in other laws. If the norms of international law which are binding on the Republic of Latvia provide for other provisions than those included in this Law, the norms of international law shall be applied.

(3) If the norms of this Law are in contradiction with the legal norms of the European Union regarding the requirements to be set out for providers, the recipient or the service, the norms of this Law shall not be applied.

Chapter II
Rights to Freely Perform Economic Activity in the Field of Services and the Free Movement of Services

Section 4. Rights to Perform Economic Activity in the Field of Services

A provider of another Member State who is planning to perform an economic activity in the Republic of Latvia is entitled to commence its activity therein in compliance with the same laws and regulations governing the specific service or the field of services in accordance with which the provider registered in the Republic of Latvia has been established and operates. Any provider of another Member State who has acquired the status of a provider registered in the Republic of Latvia has the same rights and obligations as a provider registered in the Republic of Latvia.

Section 5. Free Movement of Services

A provider of another Member State which meets the requirements of the laws and regulations governing the specific service or the field of services of its country, observing the requirements of Chapter IV of this Law, is entitled to provide a temporary service in the Republic of Latvia freely, without the receipt of an authorisation.

Section 6. General Provisions for the Restriction on Service Provision

(1) A restriction on service provision may be determined if it is justified by the public interest, is not discriminatory, and is proportionate.

(2) A restriction on service provision or the application thereof may not be discriminatory in respect of a provider registered in the Republic of Latvia or a provider or recipient of another Member State. Restrictions which are based on the citizenship (nationality) or the place of residence of the provider or recipient, and also the setting out of more favourable requirements or conditions to a provider or recipient registered in the Republic of Latvia shall also be considered to be discriminatory.

(3) A restriction on service provision is proportionate if:

1) it is directed towards the protection of public interest;

2) the benefit received by the public as a result is greater than the restriction on the rights or financial interests of the provider;

3) the public interest may not be sufficiently protected using less restrictive means.

(4) [15 March 2012]

(5) A restriction on service provision shall be determined in accordance with an external regulatory enactment.

[15 March 2012]

Section 7. Documents to Be Submitted

(1) The requirement specified in the regulatory enactment for the receipt of an authorisation shall be considered to be fulfilled if a document issued by the competent authority of another Member State which is equivalent or comparable to the document certifying the fulfilment of the requirements issued in the Republic of Latvia is submitted to the competent authority.

(2) The competent authority is not entitled to request the original of a document issued by the competent authority of another Member State or a notarised derivative thereof (for example, an extract or true copy), or a notarised translation thereof, unless such requirement is provided for in the regulatory enactment which implements the requirements of the European Union legislation or ensures compliance with the European Union legislation, or if such requirement is justified by the public interest. The competent authority is entitled in any case to request that appropriate translations in the official language without the notarial certification of the translation are appended to documents in foreign languages.

[15 March 2012]

Section 8. Civil Liability Insurance for a Provider

(1) In order to protect the lawful interests of a recipient, a requirement may be included in the regulatory enactment regarding the mandatory professional civil liability insurance of the provider in respect of the harm caused to the life or health of the recipient or a third party during the period of service provision due to the activity or inactivity of the provider, and also losses caused to the property of the recipient or a third party and to provide for the procedures for professional civil liability insurance and the limit of the insurer's liability.

(2) If the provider certifies that he or she has insured the professional civil liability in another Member State and this insurance or guarantee of professional liability equivalent thereto is comparable to the professional civil liability insurance specified in the laws and regulations governing the specific service or the field of services in the Republic of Latvia or guarantee of professional liability equivalent thereto, such certification shall be comparable to professional civil liability insurance.

Section 8.¹ Advertisement of a Provider

(1) A provider who provides a service in the Republic of Latvia, including a service in the regulated field of professional activity, is entitled to freely provide information to the public (advertise) regarding his or her activity without restrictions.

(2) A provider shall ensure the compliance of his or her information (advertisement) with the Advertising Law and other laws and regulations governing the specific service or the field of services.

[15 March 2012]

Section 9. Selection of the Type of Service Provision

(1) A person who provides a service is entitled to freely select the type of service provision. A person may choose whether to provide one specific service or several services simultaneously, and also choose whether to provide a service in one or several fields of services.

(2) The selection of the type of service provision specified in Paragraph one of this Section may be restricted in respect of:

1) natural persons wishing to commence work in regulated professions or to be engaged in them continuously as performers of economic activity. This restriction may be applied, where necessary, in order to observe the basic principles of professional ethics specified for the regulated profession and general rules of behaviour and in order to achieve that the result of the service provided is objective;

2) certification and inspection authorities, testing and calibration laboratories, accreditation institutions and technical supervision agencies, where necessary, in order to achieve that the result of the service provided by the abovementioned authorities is objective.

[15 March 2012]

Section 9.¹ Obligation to Provide Information

(1) When fulfilling the obligation to provide information, a provider shall clearly and directly indicate the following in a permanently accessible manner:

1) his or her firm (name) or given name and surname, registration number (if any), and the legal address or address of the declared place of residence;

2) his or her contact information which ensures the opportunity of rapid communication in a direct manner, including the postal address, telephone number, and e-mail address;

3) if an authorisation is necessary for the performance of the relevant activity - information on the competent authority which has issued the authorisation;

4) if the provision of the relevant service is subject to value added tax - his or her registration number in the State Revenue Service Value Added Tax Taxable Persons Register;

5) in respect of the regulated professional activity - information on the professional organisation which has issued documents certifying the professional qualifications, the appropriate name of the profession or qualification, and the country in which it was granted, and also the reference to the professional regulations applicable in the country of registration and means by which these are available;

6) the general conditions and clauses of the service provision;

7) the clauses which determine by which laws the mutual relations of the provider and recipient shall be deliberated, and also which court will examine a dispute which has arisen between the provider and recipient;

8) the guarantees given by the provider to the service;

9) if the price is indicated - information on whether the price includes payable taxes and the costs of goods delivery;

10) the properties and nature of the service;

11) if professional civil liability insurance or a guarantee of professional liability equivalent thereto is required for the performance of the relevant activity - the contact information of the insurer which ensures the opportunity of rapid communication in a direct manner, including the e-mail address, and also information on the territory in which the insurance contract entered into or the guarantee of professional liability equivalent thereto is in effect.

(2) Upon request of the recipient, the provider shall provide the following information:

1) the price of the service or a detailed description of what is included in the price of the service;

2) laws and regulations which are observed when providing a service in a regulated field of professional activity. Upon request of a recipient, inform where it is possible to become acquainted with the relevant laws and regulations;

3) the activity of the provider in other fields and the partnership which is related to the service provided, and also measures performed in order to avoid a conflict of interest;

4) the code of good practice which applies to the service provided and whose conditions are observed, and also the place where one may become acquainted with the code of good practice electronically and in which languages it is available;

5) how to access detailed information regarding the conditions of and procedures for settling out-of-court disputes if the provider to which the code of good practice applies is related to the relevant institution for settling out-of-court disputes.

[15 March 2012; 16 May 2013]

Section 10. Rights of a Recipient

(1) The rights of a recipient to receive a service may not be restricted by:

1) imposing the obligation thereon to acquire an authorisation for the receipt or use of a specific service;

2) determining a prohibition or restriction thereon in respect of receiving financial support if such rights or amount of support depends on the status of the relevant recipient in the Republic of Latvia or place where the service is provided.

(2) A recipient has the right to receive such service which is not discriminatory on the basis of his or her citizenship (nationality) or place of residence, except for the cases where the application of such conditions is clearly and unequivocally formulated, objectively justified, fair, and open.

[15 March 2012]

Chapter III
Economic Activity in the Field of Services

Section 11. Service Provision as an Economic Activity

(1) The economic activity in the field of services regulated in this Chapter, and also the restriction on service provision shall be applicable to a provider registered in the Republic of Latvia.

(2) The provider of another Member State may perform an economic activity in the field of services in the Republic of Latvia if he or she has acquired the status of a provider registered in the Republic of Latvia, except for the case referred to in Chapter IV of this Law.

[15 March 2012]

Section 12. Prohibition to Restrict an Economic Activity

(1) The economic activity of a provider registered in the Republic of Latvia may not be restricted by:

1) prohibiting him or her from performing an economic activity in several Member States at the same time, and also from being simultaneously entered in the registers of several Member States or other recording systems (registers);

2) prohibiting him or her from freely selecting the form or type of economic activity;

3) imposing the obligation upon him or her to provide or receive a financial guarantee from a specific provider registered in the Republic of Latvia or the provider of another Member State or entering into an insurance contract with a specific provider registered in the Republic of Latvia or the provider of another Member State;

4) imposing the obligation upon him or her to be registered in specific recording systems (registers) for a specific period;

5) requesting that he or she as a provider has the minimum work experience acquired in the Republic of Latvia in the provision of the specific service or in the specific field of services;

6) requesting that he or she submits the assessment of economic justification or feasibility of the economic activity (for example, the assessment of the purpose of the economic activity or validity of the costs, financial sustainability);

7) setting out requirements in respect of the citizenship (nationality) of the persons involved in the planning, development, preparation or provision of his or her services, and also of the shareholder (stockholder), member of the board, council or management of the provider.

(2) When examining an application regarding the granting of an authorisation for a provider registered in the Republic of Latvia, the competent authority may not involve in its decision-making the actual or potential competitors of the provider.

(3) When regulating the procedures for granting an authorisation, the rights of a provider of another Member State to freely perform an economic activity in the field of services may not be restricted by determining discriminatory requirements to such provider in relation to the fact that the rights of the provider of the Republic of Latvia in the other relevant Member State to freely perform an economic activity in the field of services is more restricted.

[15 March 2012]

Section 13. Area and Time Period of the Operation of an Authorisation

(1) The area of operation of the authorisation is the entire territory of the Republic of Latvia. The area of operation of the authorisation may be restricted if the restriction is justified by the public interest.

(2) Except for the cases referred to in Paragraph three of this Section, the authorisation shall be issued for an indefinite period.

(3) The authorisation may be issued for a specific period if:

1) the competent authority extends the period of validity of the authorisation following the inspection of the conformity of the provider in accordance with the procedures specified by the laws and regulations governing the specific service or the field of services;

2) the number of authorisations is limited due to an insufficiency of natural resources or technical means;

3) this is justified by the public interest.

(4) If an authorisation is issued for a specific period in the case referred to in Paragraph three, Clause 2 or 3 of this Section, the competent authority shall not extend its time period but shall issue a new authorisation, observing the conditions of Section 14, Paragraph one of this Law.

(5) If an authorisation has been issued for a specific period in the case referred to in Paragraph three, Clause 1 of this Section, the competent authority shall notify the decision regarding the extension of the time period of the authorisation or the issue of a new authorisation prior to the expiry of the issued authorisation.

[15 March 2012]

Section 14. Procedures and Conditions for the Issue of an Authorisation

(1) The conditions for the issue of an authorisation shall be formulated clearly and unequivocally, be objectively justified, fair, equal, and open.

(2) The Cabinet shall determine the procedures by which an authorisation shall be issued for the performance of a specific economic activity in the field of services.

(2¹) The procedures for the issue of authorisation for the provision of a specific service in public places may be determined also by a local government. A local government council has the right to issue binding regulations governing the procedures for the provision of the specific service in public places. To assess the conformity of the binding regulations with the requirements of this Law, the local government council shall, in addition to the requirements laid down in the law On Local Governments, coordinate them also with the Ministry of Economics by submitting the binding regulations and explanatory memorandum thereof to the Ministry of Economics in accordance with the procedures laid down in the law On Local Governments.

(3) The costs for the issue, extension or renewal of an authorisation intended for the commencement, continuation or renewal of an economic activity shall not exceed the expenditure related to observing the procedures for the issue of an authorisation specified in the laws and regulations governing the specific service or the field of services.

(4) The competent authority which has issued the authorisation may cancel it or suspend its operation if the provider:

1) has not commenced the economic activity provided for in the authorisation within the time period specified in laws and regulations;

2) has not collected the authorisation for the performance of the economic activity provided therein within the time period specified in laws and regulations;

3) does not observe the conditions included in the authorisation.

(4¹) The condition of Paragraph four, Clause 2 of this Section shall not be applied if, when observing the wish expressed by the provider, the authorisation has been issued in electronic form.

(5) If a provider has received an authorisation for the provision of a specific service in another Member State and the requirements of the laws and regulations of this country for the receipt of an authorisation are comparable to the requirements of the laws and regulations governing the specific service or the field of services of the Republic of Latvia, he or she may provide this service in the Republic of Latvia permanently without the authorisation of the competent authority.

(6) The authority responsible for the issue of an authorisation is entitled to apply a tacit approval if the application thereof is not in contradiction with public interest and is specified in the regulatory enactment governing the specific service or the field of services. It shall be considered that an authorisation has been issued by tacit approval if the competent authority does not take and does not notify its decision regarding the granting of an authorisation or the refusal to grant it within the time period specified in the regulatory enactment.

(7) In applying a tacit approval laid down in the regulatory enactment governing the specific service or the field of services, the authority responsible for the issue of an authorisation shall, not later than within 10 working days after receipt of the information (documentation) necessary for the issue of the authorisation, unless other time period is laid down in the regulatory enactment, ensure that the submitter of the application for the authorisation is informed of:

1) the time period during which the decision to grant an authorisation or to refuse to grant it shall be taken;

2) the legal remedies for appeal of the decision;

3) the right to start provision of services if the competent authority does not take and notify its decision to grant an authorisation or to refuse to grant it within the time period laid down in the regulatory enactment governing the specific service or the field of services.

(8) In applying a tacit approval laid down in the regulatory enactment, the time period for taking of a decision to issue an authorisation shall be counted from the day when the authority responsible for the issue of an authorisation has received from the applicant for the authorisation all the information (documentation) laid down in the laws and regulations and necessary for taking the decision.

[15 March 2012; 16 May 2013]

Chapter IV
Temporary Service

Section 15. Temporary Nature of Provision of a Service and Provision of a Temporary Service

(1) The temporary nature of provision of a service regulated in this Chapter and the provision of a temporary service shall be applied to a provider of another Member State.

(2) When assessing whether the particular service is provided temporarily, the competent authorities shall also take into account:

1) temporary nature of the operation of a provider:

a) duration of the provision of a service (hours, days, months, years) during which a provider of another Member State performs one or several activities in the territory of the Republic of Latvia without registration of economic activity therein;

b) frequency (number) of the provision of a service during a particular time period (hours, days, months, years);

c) regularity of the provision of a service (how regularly a provider repeats the provision of a service in the territory of the Republic of Latvia);

d) continuity of the provision of a service;

2) regular residing of a provider in the Republic of Latvia and attraction of customers;

3) whether a legal address or division has been established for a provider in the territory of the Republic of Latvia for regular provision of the service;

4) occasional nature of the provision of a service indicating that repeated provision of a service is not regular and has a significant time interval.

(3) Temporary nature of provision of a service that is referred to in Paragraph two, Clause 1 of this Section may be assessed in a different way for each particular provider of a temporary service.

(4) When assessing whether a provider of another Member State provides the service temporarily, the competent authorities shall assess each particular situation.

(5) The procedures by which a provider of another Member State is allowed to provide a particular temporary service in the Republic of Latvia shall be determined by the Cabinet.

(6) The procedures by which provision of a temporary service is organised in public places may be determined also by a local government. A local government council has the right to issue binding regulations governing the procedures for the provision of the specific temporary service in public places. To assess the conformity of the binding regulations with the requirements of this Law, the local government council shall, in addition to the requirements laid down in the law On Local Governments, coordinate them also with the Ministry of Economics by submitting the binding regulations and explanatory memorandum thereof to the Ministry of Economics in accordance with the procedures laid down in the law On Local Governments.

(7) The authorities which are responsible for the development of draft legal acts referred to in Section 14, Paragraphs two and 2.¹ of this Law, Paragraphs five and six of this Section shall notify the European Commission of such drafts in accordance with the procedures by which the State administration institutions provide information on the draft technical regulations. Legal acts may be notified to the European Commission through the notification procedure available on the IMI system.

[16 May 2013]

Section 16. Prohibition to Restrict the Provision of a Temporary Service and Special Conditions for the Provision of a Temporary Service

(1) Restrictions may not be imposed on the provider of another Member State who provides a temporary service in the Republic of Latvia, except for the case where this is justified by the observance of the requirements for public order and safety, the protection of human life and health or the environment, and is proportionate.

(2) The provider of another Member State who is providing a temporary service may not be restricted by:

1) imposing on him or her the obligation to register as the performer of an economic activity;

2) imposing on him or her the obligation to receive an authorisation;

3) prohibiting him or her from developing an infrastructure in a specified type or form required for the provision of a specific temporary service;

4) imposing on him or her the obligation to establish such contractual liabilities with the recipient which hinder or restrict the right to freely provide a temporary service;

5) imposing on him or her the obligation to receive a document from the competent authority certifying the professional competence or service quality for the provision of a specific temporary service;

6) determining for him or her such requirements in respect of using industrially manufactured goods for the provision of a service which may affect the offer or accessibility of the service on the market, and also the content or properties of the service, except for the cases where these requirements arise from the requirements for the protection of safety and health at work.

(3) The conditions of this Section for the provision of a temporary service shall not be applied when regulating:

1) the procedures by which citizens of the European Union and members of their family as well as third-country nationals shall enter and reside in the Republic of Latvia;

2) the provisions to be set out for the contracts for the transfer of personal data to countries which do not ensure the level of data protection according to the level of protection in effect in the Republic of Latvia;

3) the procedures for registering the professional activity of an advocate of another Member State in the relevant regulated profession and the name of the professional qualification in the language of the Member State;

4) the judicial recovery of debt;

5) the procedures for performing temporary professional activity in the relevant regulated profession with an education and professional qualification acquired in another Member State appropriate to the profession;

6) the procedures for registering the performers of mandatory contributions to the State social insurance in accordance with Regulation (EEC) No 1408/71 of the Council of 14 June 1971 on the application of social security schemes to employed persons and their families moving within the Community;

7) the procedures by which citizens of the European Union and their family members acquire the right of permanent residence in the Republic of Latvia and the conditions of their residence;

8) the procedures for bringing in waste for processing in the Republic of Latvia, and also for waste export and transit in compliance with Council Regulation (EEC) No 259/93 of 1 February 1993 on the supervision and control of shipments of waste within, into and out of the European Community;

9) the legal protection of the topographies of semi-conductor products in the field of copyright laws and laws similar thereto;

10) the legal protection of the databases in the field of copyright laws and laws similar thereto;

11) the procedures by which sworn notaries shall fulfil the duties prescribed to them by law;

12) the procedures for approving and registering the performers of the mandatory audits (reviews) of the annual statements and consolidated annual statements, and also for recognising the education and professional qualification acquired in a Member State appropriate to the profession;

13) the procedures for registering motor vehicles which have been acquired in another Member State through leasing;

14) the performance of such contractual liabilities or the performance of such liabilities in the field of private international law which arise from non-contractual relations;

15) the public services which are regulated by the State as a commercial activity.

(4) The operation of the provider of a temporary service of another Member State may be restricted by the decision of the competent authority if all the following conditions have been met:

1) the restriction is proportionate and no requirements for service safety have been determined in the relevant field of services in accordance with European Union legislation;

2) the restriction guarantees a level of safety of the service which is higher than the level of safety of the service guaranteed in the laws and regulations governing the relevant service or the field of services in the Member State of the provider;

3) the competent authority has fulfilled the requirements of Chapter VI of this Law regarding administrative cooperation with the relevant competent authorities of other Member States;

4) the competent authority can justify that the competent authority of another Member State has not performed measures or has performed insufficient or inappropriate measures in respect of the provision of information or administrative cooperation specified in Chapter VI of this Law.

[15 March 2012]

Chapter V
Access to Information on the Portal of State Administration Services

[8 June 2017]

Section 17. Access to Information on the Portal of State Administration Services

Information on the competent authorities and their competence, and also on the activities to be performed in order for the providers to receive the authorisation of the relevant competent authority shall be accessible on the website address https://www.latvija.lv of the portal of State administration services.

[8 June 2017]

Section 18. Manager of the Single Service Portal

[8 June 2017]

Section 19. Operation of the Portal of State Administration Services

(1) The information included in the portal of State administration services is available free of charge.

(2) The Cabinet shall determine the procedures by which an exchange of information shall take place between the manager of the portal of State administration services and the competent authorities, and also the procedures by which the information included in the portal of State administration services shall be updated.

(3) The competent authorities and institutions which are referred to on the website of the portal of State administration services shall ensure the recipient with the opportunity to receive detailed and complete information (including in electronic form) regarding:

1) the requirements which shall be applied to the provider of another Member State or provider registered in the Republic of Latvia, and also regarding the protection of legitimate rights or legal interests;

2) the legal remedies in the resolution of disputes with traders or providers;

3) institutions which provide information and consult regarding the rights of a provider or recipient or provides assistance by performing the activities specified in laws and regulations for the protection of consumer rights.

[15 March 2012; 8 June 2017]

Section 20. Use of Information Included in the Single Service Portal

[8 June 2017]

Chapter VI
Administrative Cooperation and the IMI System

Section 21. Administrative Cooperation

For the implementation of the purposes of this Law, the competent authorities and market supervision institutions of the Republic of Latvia shall cooperate and consult with the competent authorities and market supervision institutions of other Member States in accordance with the procedures referred to in Section 22, Paragraph two of this Law in matters of the control and supervision of providers and the services provided thereby.

Section 22. IMI System

(1) Administrative cooperation shall be implemented with the intermediation of the IMI system.

(2) The Cabinet shall determine the procedures by which an exchange of information shall take place within the scope of the IMI system between the competent authorities and market supervision institutions of the Republic of Latvia and the competent authorities and market supervision institutions of other Member States, and also the liability of the institutions involved in the exchange of information and the supervision of the exchange of information.

Transitional Provision

[16 May 2013]

Informative Reference to European Union Directive

The Law contains legal norms arising from Directive 2006/123/EC of the European Parliament and of the Council of 12 December 2006 on services in the internal market.

This Law has been adopted by the Saeima on 31 March 2010.

President V. Zatlers

Rīga, 20 April 2010

 

---

¹ The Parliament of the Republic of Latvia

Translation © 2020 Valsts valodas centrs (State Language Centre)