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Republic of Latvia

Cabinet
Regulation No. 140
Adopted 24 March 2015

Regulations Regarding Registration and Supervision of Service Providers of the Electronic Toll Service of the Road User Charge and Exclusion Thereof from the Register

Issued pursuant to
Section 5.1 of the Law On the Road User Charge

1. This Regulation prescribes the procedures for registering and supervising service providers of the electronic toll service of the road user charge (hereinafter - charge), as well as the procedures by which the service provider shall be excluded from the register.

2. A legal person who wishes to provide the electronic toll service of the charge (hereinafter - the applicant) shall submit the following to the State stock company "Latvian State Roads":

2.1. a submission, in which the name, legal address of the merchant, the registration number assigned by the Enterprise Register or the registration number and registration date of the branch of the foreign merchant, the telephone number and e-mail address of the merchant are indicated;

2.2. ISO 9001 certificate regarding the quality management system of the undertaking (organisation). If the applicant has another certificate, he must prove the equivalence of such quality assurance certificate with the ISO 9001 certificate;

2.3. the certificate of conformity of interoperability constituents or EC declaration on conformity to specifications and suitability for use as defined in Annex IV to Commission Decision 2009/750/EC of 6 October 2009 on the definition of the European Electronic Toll Service and its technical elements;

2.4. information that proves the knowledge of the applicant regarding electronic toll or other related areas (for example, regarding the area of banking, insurance, telecommunications or telematics systems), submitting a detailed description regarding experience of the applicant or his contracting party in the field of electronic toll services or other related business;

2.5. information regarding services provided in the respective area, characterising each type of service, the activities covered and the description of the system used;

2.6. the global risk management plan to be checked at least once in two years, indicating therein:

2.6.1. the means for evaluating and reducing the risks of the electronic toll service of the charge;

2.6.2. a list of the identified, assessed and grouped risks;

2.6.3. the planned measures and action strategy in order to avoid the identified risks or to reduce their impact, particularly in economy, financial and technical field;

2.6.4. the activities to be performed in restricted financial circumstances.

3. The State stock company "Latvian State Roads" shall register the applicant as the service provider of the electronic toll service of the charge, if:

3.1. the applicant has submitted the information referred to in Paragraph 2 of this Regulation;

3.2. the total financial turnover of the applicant is at least 500 000 euros (according to the data of the last year report);

3.3. the liquidity coefficient of the applicant is equivalent to 1 or more (according to the data of the last year report);

3.4. the own funds of the applicant are positive (according to the data of the last year report);

3.5. according to the information available in the data base of tax (charge) debtors administered by the State Revenue Service does not have tax or charge debts exceeding 150 euros;

3.6. there is no information in the Punishment Register regarding:

3.6.1. pending criminal record of members of the board of directors and council of the applicant in Latvia or other European Union Member States for criminal offences in national economy and illegal activities involving personal data;

3.6.2. pending administrative punishments of members of the board of directors and council of the applicant for administrative violations in relation to avoiding tax payments;

3.6.3. pending administrative punishments of the applicant and of members of the board of directors and council thereof for administrative violations in relation to illegal activities involving personal data.

4. In order to take a decision to register the applicant, the State stock company "Latvian State Roads" shall obtain the following information:

4.1. from the Enterprise Register - the registration data of the applicant with the Commercial Register;

4.2. from the Information Centre of the Ministry of the Interior - the information referred to in Sub-paragraph 3.6 of this Regulation.

5. If the State stock company "Latvian State Roads" has information at the disposal thereof that the registered service provider of the electronic toll service of the charge does not comply with the requirements of this Regulation, it shall send a request to the service provider of the electronic toll system of the charge, imposing a duty to eliminate the arisen non-conformities within 30 days and to submit the respective information regarding conformity of the service provider of the electronic toll service of the charge with the requirements of this Regulation.

6. If within 30 days after receipt of the request referred to in Paragraph 5 of this Regulation the service provider of the electronic toll service of the charge has not submitted information regarding elimination of non-conformities or the information provided is incomplete, the State stock company "Latvian State Roads" shall take a decision to exclude the service provider of the electronic toll service of the charge from the register.

7. The State stock company "Latvian State Roads" shall exclude the service provider of the electronic toll service of the charge upon his own wish, if he has submitted a respective submission to the State stock company "Latvian State Roads".

Prime Minister Laimdota Straujuma

Minister for Transport Anrijs Matīss

 


Translation © 2016 Valsts valodas centrs (State Language Centre)

 
Document information
Title: Noteikumi par autoceļu lietošanas nodevas elektroniskās iekasēšanas sistēmas pakalpojumu sniedzēju .. Status:
No longer in force
no longer in force
Issuer: Cabinet of Ministers Type: regulation Document number: 140Adoption: 24.03.2015.Entry into force: 03.04.2015.End of validity: 25.02.2022.Publication: Latvijas Vēstnesis, 66, 02.04.2015. OP number: 2015/66.3
Language:
LVEN
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