The Saeima1 has adopted and the
President has proclaimed the following Law:
Law on the Procedure for
Introduction of Euro
Chapter I
General Provisions
Section 1. Terms used in the Law
(1) The following terms are used in this Law:
1) conversion rate specified by the Council -
irrevocably fixed conversion rate accepted by the Council in
accordance with Article 140(3) of the Treaty On the Functioning
of the European Union (hereinafter - Treaty) for exchange of lats
for euro;
2) parallel circulation period - time period during
which lats and euro are used in parallel for cash
transactions;
3) changeover period - time period during which lats
are exchanged for euro free of charge, in compliance with the
conversion rate specified by the Council and the principles of
rounding set out in Section 6 of this Law;
4) dual display period - time period during which
prices for goods and services are indicated both in lats and in
euro;
5) single-purpose payment instrument - a personalised
device or set of procedures, which is used by the user of payment
services in order to initiate payment, but which is used for
buying goods or services only in the location (premises) of the
issuer of payment instrument or - pursuant to the contract with
the issuer of payment instrument - also in a limited network of
service providers, or in relation to a limited range of goods or
services.
(2) The term "legal instruments" and the term "redenomination"
are used within the meaning of Council Regulation (EC) No 974/98
(3 May 1998) on the introduction of the euro.
Section 2. Purpose of this Law
The purpose of this Law is to ensure efficient and transparent
introduction of euro in the Republic of Latvia.
Section 3. Day of Introduction of
Euro
(1) The day of introduction of euro in the Republic of Latvia
shall be the day with the effect when the exemption for the
Republic of Latvia is abrogated in accordance with Article 140(2)
of the Treaty.
(2) Starting with the day of introduction of euro, euro shall
be concurrently introduced in cash, non-cash and electronic money
transactions.
(3) Upon expiry of the parallel circulation period euro shall
be the only legal tender in the Republic of Latvia.
Section 4. Continuity of Legal
Instruments
(1) Introduction of euro shall not affect continuity of
contracts and other legal instruments, and for the provision of
the continuity of legal instruments Council Regulation (EC) No
1103/97 (17 June 1997) on certain provisions relating to the
introduction of the euro shall be applied. References to lats in
legal instruments existing on the day prior to the day of
introduction of euro, starting from the day of introduction of
euro, shall be considered references to euro, in compliance with
the conversion rate specified by the Council and the principles
of rounding set out in Section 6 of this Law. In respect of the
legal instrument - adjustment of legal acts for introduction of
euro - the provisions set out in Chapter VIII of this Law shall
also be observed.
(2) Starting from the day of introduction of euro, the total
value of legal instruments initially expressed in lats, but not
completed (not finalised), shall be converted to euro, in
compliance with the conversion rate specified by the Council and
the principles of rounding set out in Section 6 of this Law. The
total value of the legal instrument not completed (not finalised)
shall be formed from the components converted. The total value of
the legal instrument not completed (not finalised) shall not
exceed the initial total value of the legal instrument in lats,
which has been converted to euro, in compliance with the
conversion rate specified by the Council and the principles of
rounding set out in Section 6 of this Law.
(3) The currency of a legal instrument shall not be converted,
if the obligations between the contracting parties are in euro in
such legal instruments that have been initiated before and have
not been finalised by the day of introduction of euro.
Section 5. Costs of Introduction of
Euro
(1) Budget institutions that are completely financed from the
State budget shall cover the costs of introduction of euro from
the funds allocated for this purpose in the State budget.
(2) Institutions not referred to in Paragraph one of this
Section shall cover the costs of introduction of euro from their
budget funds.
(3) Private individuals shall cover the costs of introduction
of euro from their own funds, except the State joint stock
company Latvijas Pasts. In respect of the State joint
stock company Latvijas Pasts the costs of cash changeover
arising from this Law for ensuring reachability of such financial
service shall be compensated from the funds provided for this
purpose to the Ministry of Transport in the State budget.
Section 6. Principles of
Rounding
(1) In converting lats to euro the conversion rate from lats
into euro specified by the Council shall be used.
(2) Sums of money and values in terms of money after
converting lats to euro shall be rounded to the nearest cent,
taking into account the third digit following the point. If the
third digit following the point is from 0 to 4, the value of the
cent shall remain unchanged. If the third digit following the
point is from 5 to 9, then the cent shall be rounded up
increasing by one.
(3) When converting resources of investment funds, resources
of investment plans of the State-funded pension scheme and
resources of pension plans of private pension funds, the number
of digits set out in the regulatory enactments regulating the
operation of investment funds, the State-funded pension scheme
and private pension funds shall be observed for the expression of
the value of resources. In this case, shall be taken the next
rounded decimal left to the last decimal places. If the next
digit following the point is from 0 to 4, the value of the last
remaining decimal shall remain unchanged. If the next digit
following the point is from 5 to 9, then the value of the last
remaining decimal shall be rounded up increasing by one.
(4) In converting the unit price for goods and services, the
value of the euro shall indicate the same number of digits as the
unit price in lats. In this case, shall be taken the next rounded
decimal left to the last decimal places. If the next digit
following the point is from 0 to 4, the value of the last
remaining decimal shall remain unchanged. If the next digit
following the point is from 5 to 9, then the value of the last
remaining decimal shall be rounded up increasing by one.
(5) In respect of the rounding of numerical value in legal
acts the provisions of Section 32 of this Law shall also be
observed in addition to the regulations set out in this
Section.
Chapter II
Measures Related to Cash Changeover
Section 7. Parallel Circulation
Period of Lat and Euro
(1) The parallel circulation period shall be two weeks,
starting from the day of introduction of euro.
(2) During the parallel circulation period, when receiving a
payment in lats, the change shall be given in euro, except the
cases specified in Paragraphs three, five and six of this
Section.
(3) In automated machines (devices) where the receipt of cash
is ensured by the counter of a vending machine (device) or
machine (device) for provision of services equipped with a
counter for receipt of coins or banknotes, euro shall be used for
cash payments, starting from the day of introduction of euro.
(4) Starting from the day of introduction of euro, lats shall
not be dispensed in automated teller machines.
(5) During the parallel circulation period in the vehicles
engaged in the carriage of passengers and providing public
transport services, when receiving a payment in lats, it is
allowed to give the change in lats, but receiving a payment in
euro - to give the change in euro.
(6) During the dual circulation period in gaming and slot
gaming machines lats or euro shall be used for cash payments.
Section 8. Changeover of Lat Cash to
Euro
(1) The changeover period in credit institutions shall be six
months, starting from the day of introduction of euro.
(2) The changeover period at the points for provision of
postal services of the State joint stock company Latvijas
Pasts, specified by the Cabinet, shall be three months,
starting from the day of introduction of euro. Having assessed
the necessity and the available resources in the State budget,
the Cabinet may extend the changeover period but not longer than
for three months.
(3) Within the changeover period exchange of lats to euro
shall be performed to an unlimited extent free of charge in
credit institutions and at the points for provision of postal
services of the State joint stock company Latvijas Pasts,
specified by the Cabinet.
(4) The changeover period at the Bank of Latvia shall be
unlimited in regard of the term and amount of money for exchange
starting from the day of introduction of euro. Exchange of money
is free of charge.
(5) If merchants, which have received a licence for the
foreign currency cash buying and selling issued by the Bank of
Latvia, exchange lats to euro, the changeover period shall be six
months, starting from the day of introduction of euro.
(6) The merchants referred to in Paragraphs one, two and five
of this Section shall not recirculate lats, starting from the day
of introduction of euro.
(7) The merchants referred to in Paragraphs one and two of
this Section are entitled to specify the duty of a person to
apply for performance of cash exchange not later than three
working days in advance, if the cash sum at one time of exchange
exceeds 3000 lats.
Section 9. Provision, Delivery,
Destruction and Changeover of Banknotes and Coins
(1) Until the day of introduction of euro the Bank of Latvia,
taking into account the legal acts of the European Union, shall
organise and implement timely making of euro coins and supply of
euro banknotes, issue euro coins and banknotes to credit
institutions, as well as distribute euro coin sets.
(2) The Bank of Latvia shall ensure destruction of lat
banknotes and coins withdrawn from the circulation.
(3) The Bank of Latvia shall exchange damaged lat banknotes
and circulation coins to euro, in compliance with the conversion
rate specified by the Council and the principles of rounding set
out in Section 6 of this Law, if they conform to the following
criteria:
1) banknotes, the remaining size of which exceeds 51% of the
whole banknote size (in one piece or torn and glued together) and
which have visible security features and determinable face
value;
2) circulation coins, the face value of which is visible and
the coat of arms distinguishable.
(4) The Bank of Latvia shall not exchange a lat banknote or
circulation coin not conforming to the criteria referred to in
Paragraph three of this Section, and shall return it to the
submitter upon the request of the submitter. In such a case, the
Bank of Latvia shall make a note "Apmaiņai atteikts" [Rejected to
be exchanged] on the lat banknote.
(5) The Bank of Latvia shall exchange lat collector coins, for
which manufacturing defects have been detected, to the same coin
without a defect upon the request of a person. If the trade in
such coins has been terminated at the Cashier's Office of the
Bank of Latvia, the Bank of Latvia shall return to the submitter
the sum of the coin purchase in euro according to the document
confirming the purchase issued by the Bank of Latvia or according
to the last retail price specified by the Bank of Latvia, in
compliance with the conversion rate specified by the Council and
the principles of rounding set out in Section 6 of this Law. In
other cases, the Bank of Latvia shall accept lat collector coins
and exchange them to euro according to the face value thereof as
circulation coins, in compliance with the conversion rate
specified by the Council and the principles of rounding set out
in Section 6 of this Law.
(6) The merchants referred to in Paragraph one, two and five
of Section 8 of this Law, when exchanging damaged lat banknotes
and circulation coins to euro, shall apply the conversion rate
specified by the Council and the principles of rounding set out
in Section 6 of this Law and during the changeover period such an
exchange shall be performed free of charge.
(7) If the Bank of Latvia suspects that a lat banknote or coin
submitted for exchange is counterfeit or the size of a remaining
banknote cannot be determined, or there is another reason for
doubts on the authenticity and validity of money, the Expert
Commission approved by the Governor of the Bank of Latvia shall,
based on the submission of the submitter, take a decision on
exchange of the banknote or coin to euro, in compliance with the
conversion rate specified by the Council and the principles of
rounding set out in Section 6 of this Law. If the Bank of Latvia
has suspicions that a lat banknote or coin is counterfeited, the
Bank of Latvia acts according to the laws and regulations of the
Republic of Latvia.
(8) If merchants referred to in Paragraph one, two and five of
Section 8 of this Law suspect that a lat banknote or coin
submitted for exchange is counterfeit, the credit institutions or
another merchant act according to the laws and regulations of the
Republic of Latvia. Merchants referred to in Paragraph one, two
and five of Section 8 of this Law and the Bank of Latvia shall
not compensate losses that have occurred due to counterfeit
banknotes.
Chapter III
Measures Related to Changeover of Non-cash, Electronic Money and
Single-purpose Payment Instruments
Section 10. Converting of Non-cash,
Electronic Money and Single-purpose Payment Instruments
(1) Upon the beginning of the day of introduction of euro,
merchants or public persons holding non-cash resources,
electronic money, or which have issued single-purpose payment
instruments, have converted all the balances of lat non-cash
resources, lat balances of electronic money and lat balances of
single-purpose payment instruments in euro free of charge, in
compliance with the conversion rate specified by the Council and
the principles of rounding set out in Section 6 of this Law,
shall preserve the unique identifier of the account where
non-cash resources or electronic money are stored, and of
single-purpose payment instrument unchanged.
(2) If a person, prior to the day of introduction of euro, has
payment accounts, including electronic money accounts, in lats
and euro, he or she may, within two months starting from the day
of introduction of euro, request closing of one payment account
and transfer of one balance by choice to the other payment
account free of charge. The merchant or public person, with which
payment accounts or electronic money accounts have been opened,
shall perform operations of balance transfer and closing upon the
request of a person.
Section 11. Currency to Be Used in
Non-cash and Electronic Money Payments and Single-purpose Payment
Instruments
(1) Non-cash and electronic money payments, which prior to the
day of introduction of euro had been performed in lats, shall be
performed in euro, starting from the day of introduction of
euro.
(2) Starting from the day of introduction of euro, euro shall
be used in single-purpose payment instruments, which prior to the
day of introduction of euro had been performed in lats.
(3) Non-cash and electronic money payments and payments with
single-purpose payment instruments commenced in lats prior to the
day of introduction of euro and to be completed on the day of
introduction of euro or later, starting with the day of
introduction of euro, shall be performed in euro, in compliance
with the conversion rate specified by the Council and the
principles of rounding set out in Section 6 of this Law.
Chapter IV
Converting of the Prices for Goods and Services, Dual Display of
Prices and the Period of Usage of Postage Stamps, Other Means of
Postal Payment and Single-purpose Payment Instruments
Section 12. Provisions for
Converting Prices for Goods and Services
For converting prices for goods and services from lats to euro
the conversion rate specified by the Council and the principles
of rounding set out in Section 6 of this Law shall be used.
Section 13. Dual Display Period of
Prices for Goods and Services
(1) Dual display period for prices for goods and services
shall commence three months prior to the day of introduction of
euro, but not earlier than the day when the Council has specified
the conversion rate, and shall last for six months following the
day of introduction of euro.
(2) The Cabinet shall determine the procedure by which during
dual display period of prices for goods and services, in the
settlement documents - invoices and in the documents certifying
the received payment - cashier receipts and numbered and
registered quittances of the State Revenue Service issued to the
consumer (natural person), the total sum of the transaction shall
be indicated in lats and euro, in compliance with the conversion
rate specified by the Council and the principles of rounding set
out in Section 6 of this Law.
(3) The Cabinet shall determine the procedure by which dual
display of prices for goods and services, as well as the
supervision of the requirements for dual display and converting
shall take place.
(4) The maximum retail price for cigarettes shall be displayed
both in lats and euro, taking into account the provisions of the
Law On Excise Duties.
Section 14. The Period of Usage of
Postage Stamps, Other Means of Postal Payment and Single-purpose
Payment Instruments
(1) Postage stamps and other means of postal payment with a
face value expressed both in lats and euro shall be used for
payment for postal services also after the end of the dual
display period set out in Section 13, Paragraph one of this Law.
Postage stamps and other means of postal payment with a face
value expressed in lats shall be used for payment for postal
services for 12 months, starting from the day of introduction of
euro, in compliance with the conversion rate specified by the
Council and the principles of rounding set out in Section 6 of
this Law. These provisions shall be applicable also in respect of
the face value to be indicated on the image of a postage stamp on
typographically printed envelopes and postcards.
(2) Following the day of introduction of euro, a
single-purpose payment instrument with the face value expressed
in lats, or expressed both in lats and euro, shall be valid until
the term of validity specified for it.
Chapter V
Adapting of Accounting, Tax (Fees) Payments, Declarations and the
Credit Register to Introduction of Euro
Section 15. Source Documents and
Accounting Registers
(1) On the day of introduction of euro the balance of each
accounting register entry and the value of each accounting unit
in lats shall be recalculated to the equivalent thereof in euro,
in compliance with the conversion rate specified by the Council
and the principles of rounding set out in Section 6 of this
Law.
(2) Starting from the day of introduction of euro, entries in
accounting registers shall be made, using euro as the measure of
value. Source documents, where the measure of value is lat or
another currency, which refer to the accounting period following
the day of introduction of euro and which prior to the day of
introduction of euro have not been used for entries in accounting
registers, shall be recalculated in euro, in compliance with the
conversion rate specified by the Council and the principles of
rounding set out in Section 6 of this Law, and recorded in
accounting registers.
Section 16. Preparation of Annual
Accounts
(1) The monetary values included in an annual account or
financial statement for the accounting year, which ends on the
day of introduction of euro or later, shall be indicated in
euro.
(2) The monetary values of in the first annual account
prepared in euro, the indices of the previous accounting year
recalculated in euro shall be indicated as comparable indices, in
compliance with the conversion rate specified by the Council and
the principles of rounding set out in Section 6 of this Law.
Section 17. Preparation of Tax
Declarations, Informative Declarations and Payment Notifications
on Immovable Property Tax, and Making of Corrections
(1) The monetary values of the tax and informative
declarations shall be indicated in the currency, which was the
legal tender in the State at the end of the taxation period
regarding which the relevant tax declaration is submitted.
(2) The monetary values of a payment notification on immovable
property tax for the taxation period, during which lats were the
legal tender, if the notification is sent to the taxpayer after
the day of introduction of euro, shall be indicated in euro, in
compliance with the conversion rate specified by the Council and
the principles of rounding set out in Section 6 of this Law.
(3) If a taxation period, regarding which declaration is
submitted, ends during the parallel circulation period of lat and
euro, the monetary values of the tax and informative declaration
shall be indicated in euro, in compliance with the conversion
rate specified by the Council and the principles of rounding set
out in Section 6 of this Law.
(4) Corrections in the monetary values of the tax and
informative declarations shall be indicated in the currency,
which was the legal tender in the State in the taxation period,
regarding which correction of the tax or informative declaration
is submitted.
(5) Corrections in the monetary values of the payment
notifications on immovable property tax shall be indicated in the
currency, which was the legal tender in the State in the taxation
period, regarding which correction of payment notification on
immovable property tax is sent.
Section 18. Handling of Taxes (Fees)
Payments and Converting of Taxes (Fees) Payments Related
Thereto
(1) Starting from the day of introduction of euro all taxes
(fees) payments are handled in euro.
(2) In order to ensure payment in euro of taxes (also payment
in advance), State and local government fees, late charges and
fines specified in the regulatory enactments regarding taxes,
starting from the day of introduction of euro, the referred to
payments, which until the day of introduction of euro or in
accordance with Section 17 of this Law have been calculated in
lats, shall be converted to euro, in compliance with the
conversion rate specified by the Council and the principles of
rounding set out in Section 6 of this Law:
1) the tax administration shall convert the recovered sum of
overpaid taxes (fees), incorrectly paid and incorrectly collected
taxes (fees) to be refunded, refunding of which is performed
according to a submission of the taxpayer. The sums to be
refunded shall be indicated in the submission to the tax
administration in the currency, which was the legal tender in the
State at the end of the period, for which such submission is
being submitted;
2) the taxpayer shall convert tax payments, additionally
calculated tax payments and the sums to be paid into the State
budget in advance, which in accordance with regulatory enactments
are calculated by the taxpayer himself or herself or by the tax
administration;
3) the State Social Insurance Agency shall convert the sum of
overpaid social insurance payments existing in the registration
system of the State Social Insurance Agency.
Section 19. Requesting and Refunding
of Overpaid Taxes (Fees), Incorrectly Paid and Incorrectly
Collected Taxes (Fees) Payments
(1) The sums included in a submission to the tax
administration for refunding of overpaid taxes (fees), for
payment of incorrectly paid and collected taxes (fees) shall be
specified up in the currency, which was the legal tender in the
State at the end of the period, regarding which the relevant
submission is submitted.
(2) A sum of overpaid taxes (fees), incorrectly paid and
collected taxes (fees), the refunding of which is performed
starting with the day of introduction of euro, shall be converted
by the tax administration to euro, in compliance with the
conversion rate specified by the Council and the principles of
rounding set out in Section 6 of this Law.
(3) The State Social Insurance Agency shall convert the sum of
overpaid social insurance payments, refunding of which is
performed, starting from the day of introduction of euro, to
euro, in compliance with the conversion rate specified by the
Council and the principles of rounding set out in Section 6 of
this Law.
Section 20. Declarations
(1) In declarations provided for in other regulatory
enactments, except those set out in Section 16 of this Law, in
which information regarding sums of money and values in terms of
money should be indicated, the sums of money and values shall be
indicated in the currency, which was the legal tender in the
State at the end of period regarding which the relevant
declaration is submitted, unless it has been specified in the
special regulatory enactment that the currency in which the
transaction was performed should be indicated in the
declaration.
(2) In the declarations referred to in Paragraph one of this
Section that are submitted for a taxation period which ends
during the parallel circulation period of lat and euro, or for a
situation on the day which is within the framework of such
period, sums of money and values in terms of money shall be
expressed in euro, in compliance with the conversion rate
specified by the Council and the principles of rounding set out
in Section 6 of this Law.
(3) Corrections in the declarations referred to in Paragraph
one of this Section, in which information regarding sums of money
and values in terms of money should be indicated, shall be
prepared in the currency, which was the legal tender in the State
during the period, regarding which declaration is submitted.
Section 21. Credit Register
(1) On the day of introduction of euro the Bank of Latvia
shall, in relation to the introduction of euro, perform updating
of the general data included in the Credit Register regarding the
obligations of a client or a client's guarantor, unless they have
expired, or unless the rights and obligations resulting from the
agreement of the client or the agreement of the client's
guarantor or the right to claim have been transferred to another
person. The Bank of Latvia shall be responsible for ensuring that
the updating of the data referred to in this Paragraph of this
Section is performed in compliance with the conversion rate
specified by the Council and the principles of rounding set out
in Section 6 of this Law.
(2) A participant of the Credit Register and restricted
participant of the Register within the meaning of the Law On the
Credit Register shall preserve the liability set out in the Law
On the Credit Register.
Chapter VI
Measures for Adjusting the Financial Market to the Introduction
of Euro
Section 22. Redenomination of Equity
Capital Stocks (Shares) of Capital Companies
(1) Denomination of equity capital stocks (shares) from lats
to euro shall be performed, preserving the current proportion
among the current participants (shareholders) of the capital
company and minimising changes in the equity capital.
(2) The nominal value of equity capital stocks of a limited
liability company shall be expressed in euro. The nominal value
of stocks of a joint stock company shall be expressed in euro and
cents. In performing the denomination of equity capital stocks
(shares), the conversion rate specified by the Council and the
principles of rounding set out in Section 6 of this Law shall be
complied with.
(3) The equity capital of a capital company shall be formed by
the number of the equity capital stocks (shares) multiplied by
the nominal value of the equity capital stock (share). The value
obtained by multiplying the number of the equity capital stocks
(shares) by the residual value resulting from rounding, shall be
disbursed to participants (shareholders) of the capital company
in proportion to the equity capital stocks (shares) belonging to
them. Participants (shareholders) may take a decision on transfer
of such value to the reserves of the capital company.
(4) A capital company, in statutes of which the nominal value
of the equity capital stock (share) is expressed in lats, shall,
within 30 months from the day of introduction of euro, notify
amendments to the statutes to the authority of the Enterprise
Register, providing for expressing the nominal value of the
equity capital stock (share) in euro, and submit a document
thereto, which includes information about the capital stocks
owned by the participants.
(5) Six months prior to the day of introduction of euro but
not earlier than the day when the Council has determined the
conversion rate, the founders of a capital company have the right
to express the equity capital and the nominal value of the equity
capital stock (share) in euro in incorporation documents of the
capital company. In such case the nominal value of the equity
capital stock (share) shall be expressed in euro equivalent and
the amount of the equity capital shall not be less than the
minimum amount of the equity capital specified in the Commercial
Law and recalculated in euro, in compliance with the conversion
rate specified by the Council and the principles of rounding set
out in Section 6 of this Law.
Section 23. Redenomination of Debt
Securities
(1) The requirements of this Section shall apply to debt
securities denominated in lats, registered in the Latvian Central
Depository.
(2) The face value of debt securities shall be determined in
the amount of one cent.
(3) The number of debt securities in the ownership of an
investor shall be obtained by dividing the total nominal amount
of the issue in the ownership of each individual investor,
expressing in lats, by the conversion rate specified by the
Council and multiplying the nominal amount obtained by 100. If
the amount obtained contains parts of cents, the rounding shall
be performed in accordance with the principles of rounding set
out in Section 6 of this Law. The number of debt securities
belonging to each investor is equivalent to the nominal amount of
debt securities expressed in cents.
Section 24. Redenomination of State
Borrowings and Loans, and Guarantees
(1) Denomination of State borrowings and loans, and guarantees
from lats to euro shall be performed, minimising changes in the
value of the borrowings and loans, and guarantees.
(2) The nominal value of State borrowings and loans, and
guarantees shall be expressed in euro and euro cents, in
compliance with the conversion rate specified by the Council and
the principles of rounding set out in Section 6 of this Law.
(3) If agreements on borrowings, loans and guarantees
concluded on behalf of the State are not completed (loans and
guarantees are not repaid or borrowings are obtained), the total
sum of borrowings and loans, and guarantees included therein
shall be formed from components, which may be converted. The
total sum after converting to euro shall not exceed the nominal
value in lats of the initial State borrowing obtained in lats,
the State loan issued and provided guarantees in lats, which has
been expressed in euro, in compliance with the conversion rate
specified by the Council and the principles of rounding set out
in Section 6 of this Law.
Section 25. Change of Money Market
Indices
(1) For legal instruments with variable interest rate, which
is attached to RIGIBOR index, RIGIBOR shall be substituted for
EURIBOR index of the relevant time period. The lat money market
index may be substituted with another equal money market index,
upon agreement by the contracting parties thereon.
(2) Change of the index shall be performed on the next planned
date for reviewing the variable interest rate, starting with the
day of introduction of euro.
(3) The contracting parties (creditor and borrower) may agree
on another moment for changing the variable interest rate or
money market index, which shall not be later than the next
planned time for reviewing the variable interest rate, following
the day of introduction of euro.
(4) In the event of the change of the money market index
referred to in this Section, the creditor may not raise the
margin over the lats money market index or tighten other loan
conditions stipulated in the agreement concluded between the
creditor and the borrower.
Section 26. Changes in Documents
Regulating the Provision of Services by Financial Market
Participants
Financial market participants - issuers of financial
instruments, investment administration companies, which
administer funds of the State-funded pensions or perform
administration of investment funds, and private pension funds
shall make changes, related to the currency exchange, in
prospectuses of issue, investment funds and pension plans, in
by-laws of investment fund administration and basic information
intended for investors, in pension plans or in other similar
documents regulating the provision of services of the relevant
financial market participant, concurrently with the first changes
concerning other matter, but no later than within 12 months
following the day of introduction of euro.
Chapter VII
Control over the Law Enforcement and Responsibility for
Non-compliance with the Requirements Thereof
Section 27. Control over the Law
Enforcement
(1) According to the competence thereof, the Financial and
Capital Market Commission shall control the compliance with the
requirements of Chapters II, III and VI of this Law in credit
institutions.
(2) According to the competence thereof, the Bank of Latvia
shall control the compliance with the requirements of Chapter II
of this Law in activity of merchants, which have received a
licence issued by the Bank of Latvia for foreign currency cash
buying and selling.
(3) According to the competence thereof, the Financial and
Capital Market Commission shall control the compliance with the
requirements of Chapter III of this Law in payment institutions
and electronic money institutions.
(4) According to the competence thereof, the Ministry of
Transport shall control the compliance with the requirements of
Chapters II and III of this Law in the State joint stock company
Latvijas Pasts.
(5) According to the competence thereof, the Consumer Rights
Protection Centre shall control the compliance with the
requirements of Chapter IV of this Law in relation to converting
and dual display of the prices for goods and services.
(6) According to the competence thereof, the State Revenue
Service shall control the compliance with the requirements of the
Chapter IV of this Law in relation to the issued settlement
documents to a consumer - a natural person.
(7) According to the competence thereof, the tax
administration shall control the compliance with the requirements
of Chapter V of this Law in relation to taxes.
Section 28. Submissions Regarding
Violations of the Law
(1) A person has the right to lodge a submission regarding
violations of this Law to the controlling authorities referred to
in Section 27 of this Law according to the competence thereof. A
person may also inform on violations by using the informative
helpline of the euro project.
(2) A consumer is entitled to lodge a submission regarding
violations of the requirements concerning the dual display and
converting of prices for goods and services to the Consumer
Rights Protection Centre. A consumer may also inform the Consumer
Rights Protection Centre on the violations referred to in this
Part by phone.
Section 29. Imposition of
Sanctions
(1) If the Financial and Capital Market Commission detects
that a credit institution does not comply with the requirements
of Chapters II, III and VI of this Law, but the payment
institution or electronic money institution does not comply with
the requirements of Chapter III of this Law, the Financial and
Capital Market Commission is entitled to warn the credit
institution, payment institution or electronic money institution,
to issue a justified order to supervisory bodies and executive
bodies of the credit institution, payment institution or
electronic money institution, as well as to managers and members
of such bodies, which are necessary for discontinuing the
violations of the requirements of this Law or to impose a fine
from 100 to 10000 lats.
(2) In case of violations of the requirements of Chapter II of
this Law, the Bank of Latvia is entitled to suspend or revoke a
licence for merchants, which have received a licence issued by
the Bank of Latvia for foreign currency cash buying and
selling.
(3) The Consumer Rights Protection Centre, upon detecting
violations of the requirements of Chapter IV of this Law in
relation to converting and the dual display of prices for goods
and services, is entitled to apply the sanctions provided for in
the regulatory enactments determining the competence and
authorisation of the Consumer Rights Protection Centre.
(4) The State Revenue Service, upon detecting violations of
the requirements of Chapter IV of this Law in relation to the
issued settlement documents to a consumer - a natural person, is
entitled to apply the administrative punishment in accordance
with the procedures determined in regulatory enactments.
(5) The tax administration, upon detecting violations of the
requirements of Chapter V of this Law in relation to taxes
(fees), is entitled to apply the administrative punishment in
accordance with the procedures determined in regulatory
enactments.
Chapter VIII
Adjustment of Legal Acts to Introduction of Euro
Section 30. Adjustment of Laws and
Cabinet Regulations, Cabinet Orders, Cabinet Instructions,
Cabinet Recommendations, Regulations of the Financial and Capital
Market Commission and Regulations of the Bank of Latvia to
Introduction of Euro
(1) Ministries, the State Chancellery, the Financial and
Capital Market Commission and the Bank of Latvia shall draw up
draft amendments to legal acts, which should be adjusted for
introduction of euro.
(2) Draft laws incorporating amendments related only to the
introduction of euro in the Republic of Latvia and for the
preparation of which it is not necessary to know the conversion
rate specified by the Council, shall be submitted in a single
package of draft laws by the Cabinet for the consideration of the
Saeima not later than 45 days after the day when the
Council has specified the conversation rate.
(3) Draft laws incorporating amendments related only to the
introduction of euro in the Republic of Latvia and for the
preparation of which it is necessary to know the conversion rate
specified by the Council, shall be submitted in a single package
of draft laws by the Cabinet for the consideration of the
Saeima not later than 100 days after the day when the
Council has specified the conversation rate.
(4) The Cabinet shall ensure that the draft Cabinet
regulations, Cabinet orders, Cabinet instructions and Cabinet
recommendations, which are essential for provision of legal
certainty and incorporating amendments related to the
introduction of euro in the Republic of Latvia, are prepared and
approved according to the procedures and dates established by the
Cabinet, and shall take into consideration that the relevant
documents shall come into force from the day of introduction of
euro.
(5) Not later than three months after the day when the Council
has specified the conversion rate the Financial and Capital
Market Commission and the Bank of Latvia shall approve the
regulatory enactments of the Financial and Capital Market
Commission and regulations of the Bank of Latvia that are related
to the introduction of euro in the Republic of Latvia.
Section 31. Adjustment of Binding
Regulations of Local Governments to Introduction of Euro
(1) Local governments shall draw up draft amendments of
binding regulations necessary for introduction of euro in
accordance with the procedures determined by this Section, taking
into account that they come into force from the day of
introduction of euro.
(2) Not later than four months after the day when the Council
has specified the conversion rate local governments shall approve
amendments to binding regulations, which are related to the
introduction of euro and for the preparation of which it is not
necessary to know the conversion rate specified by the
Council.
(3) Not later than five months after the day when the Council
has specified the conversion rate local governments shall approve
amendments to binding regulations, which are related to the
introduction of euro and for preparation of which it is necessary
to know the conversion rate specified by the Council.
(4) The local government shall, within three days after
approval, send the binding regulations referred to in Paragraphs
two and three of this Section to the Ministry of Environmental
Protection and Regional Development for information.
Section 32. Requirements for
Amending Legal Acts on Introduction of Euro
(1) Provisions set out in Paragraph two, three and four of
Section 30 of this Law and in relation to legal acts - binding
regulations of local governments - the provisions set out in
Paragraph four of Section 31 apply to the amendments to legal
acts, provided that amendments are made only to the legal norms
related to the introduction of euro and to an extent necessary
for the introduction of euro.
(2) Amendments to the legal norms included in legal acts,
which are referred in Paragraph one of this Section (related only
to the introduction of euro), within the meaning of this Law are
as follows:
1) the numerical values expressed in lats in legal norms are
converted into euro in accordance with Section 6 of this Law;
2) the numerical value in lats expressed by a rounded number
(rounded to the accuracy of 0,1; 1; 10; 100 and so on) is
substituted in the legal norm by a numerical value in euro by
converting it in compliance with the conversion rate specified by
the Council and rounding it either up or down to the accuracy
that is not less than rounding accuracy for the numerical value
in lats and the following two conditions are met:
a) a legal norm, in which a numerical value is expressed in
euro, is not more unfavourable for an individual as the initial
legal norm, in which the numerical value is expressed in lats.
This condition shall not be applied to those legal norms setting
fine amounts or fine amount intervals and in which numerical
value in lats is amended to numerical value in euro;
b) the substitution of numerical value in lats by numerical
value in euro does not have a noteworthy adverse effect on the
State budget.
3) amendments to a legal norm are made in compliance with the
provisions Paragraph four or five of this Section;
4) other amendments that are needed for the introduction of
euro but are not related to the substitution of numerical value
in lats by numerical value in euro are introduced in a legal
norm.
(3) If the Ministry of Finance or the Ministry of Justice
cannot verify the implementation of conditions referred to in
Paragraph two of this Section within time periods to be taken
into account for the preparation of a single package of draft
laws, the Ministry responsible for a draft law shall, in a draft
law to be included in a single package of draft laws, substitute
a numerical value in lats with a numerical value in euro in the
amendment to a relevant legal norm in compliance with the
principles of rounding set out in Section 6 of this Law.
(4) In legal norms where continuous number intervals in lats
are set out, the continuity of intervals shall also be preserved
for euro.
(5) In legal norms where the rounding principles of numeric
values in lats are determined, the rounding principles shall also
be preserved for euro.
The Law was adopted by the Saeima on 31 January
2013.
President A. Bērziņš
Riga, 15 February 2013
1 The Parliament of the Republic of
Latvia
Translation © 2013 Valsts valodas centrs (State
Language Centre)