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LEGAL ACTS OF THE REPUBLIC OF LATVIA
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Text consolidated by Valsts valodas centrs (State Language Centre) with amending laws of:

21 October 1999 [shall come into force on 24 November 1999];
31 October 2002 [shall come into force on 1 January 2003];
1 April 2004 [shall come into force on 1 May 2004];
14 November 2008 [shall come into force on 1 January 2009];
12 June 2009 [shall come into force on 1 July 2009];
25 February 2010 [shall come into force on 31 March 2010];
23 May 2013 [shall come into force on 18 June 2013];
10 October 2019 [shall come into force on 12 November 2019];
16 February 2023 [shall come into force on 14 March 2023].

If a whole or part of a section has been amended, the date of the amending law appears in square brackets at the end of the section. If a whole section, paragraph or clause has been deleted, the date of the deletion appears in square brackets beside the deleted section, paragraph or clause.

The Saeima1 has adopted and
the President has proclaimed the following law:

On Conformity Assessment

Chapter I.
General Provisions

Section 1. (1) The following terms are used in this Law:

1) accreditation - an attestation carried out by the national accreditation body on the competence and capability of the conformity assessment body to perform specific conformity assessment activities;

2) [1 April 2004];

3) conformity assessment - a process during which it is assessed whether the requirements related to the product, process, service, system, person or body (hereinafter - conformity assessment object) are fulfilled;

4) inspection - an examination of the product design stages, product, process or service and determination of its conformity with specific or general requirements, based upon a professional judgement;

5) calibration - operation that, under specified conditions, establishes a relation between the quantity values indicated by measuring devices or measuring systems, the values of the material measure or reference material and the values reproduced from the corresponding measurement standard is established under specific conditions;

6) [1 April 2004];

7) non-regulated sphere - a sphere, which is not subject to compulsory conformity assessment of products, processes or services laid down in laws and regulations;

8) [1 April 2004];

9) regulated sphere - a sphere, which is subject to mandatory conformity assessment of products, processes or services laid down in laws and regulations;

10) certification - an action of an independent third party confirming that the relevant product, process, service or person conforms to the requirements laid down in a law or regulation, or a standard;

11) testing - determination of one or several characteristics of the conformity assessment object in accordance with the procedure;

12) conformity assessment body - an body, which carries out a conformity assessment, including calibration, testing, certification and inspection.

(2) The terms "placing on the market of the product", "manufacturer", "authorised representative", "importer", "distributor", and "market surveillance" used in the Law correspond to the terms used in Article 3 of Regulation (EU) 2019/1020 of the European Parliament and of the Council of 20 June 2019 on market surveillance and compliance of products and amending Directive 2004/42/EC and Regulations (EC) No 765/2008 and (EU) No 305/2011 (hereinafter - Regulation No 2019/1020), but the term "offering of the product on the market" corresponds to the term "making available on the market" used in Article 3 of Regulation No 2019/1020 and the term "performer of economic activity", within the meaning of this Law, is a manufacturer, authorised representative, importer, distributor, and a person who conforms to the term "fulfilment service provider" used in Article 3 of Regulation No 2019/1020.

[21 October 1999; 1 April 2004; 25 February 2010; 16 February 2023]

Chapter II.
Purpose and Scope of the Law

Section 2. This Law prescribes the general principles of conformity assessment in the regulated sphere and the accreditation system in the regulated and non-regulated spheres, and also the general principles of market surveillance.

[21 October 1999; 16 February 2023]

Section 3. The purpose of this Law is to ensure unified procedures for conformity assessment which are harmonised with the European Union and international legal acts, and also to ensure that non-food products offered on the market would conform to the requirements laid down in the laws and regulations in relation to the health and safety of persons, labour protection, protection of consumer rights, environment, public order, and other public interests.

[1 April 2004; 25 February 2010; 16 February 2023]

Section 4. (1) This Law applies to all subjects that lay claim to conformity assessment.

(2) Chapter III.1 of this Law shall be applied to non-food products for which requirements in relation to the health and safety of persons, labour protection, protection of consumer rights, environment, public order, and other public interests are prescribed in the laws and regulations, including the requirements laid down therein or directly applicable in accordance with the legal acts of the European Union which are listed in the List of Union harmonisation legislation in Annex 1 to Regulation No 2019/1020 as well as in accordance with the legal acts of the European Union on the accessibility requirements for products.

[21 October 1999; 25 February 2010; 16 February 2023]

Chapter III.
Conformity Assessment in the Regulated Sphere

[21 October 1999]

Section 5. (1) Conformity assessment in the regulated sphere applies to conformity assessment objects and potential risks, which may threaten human health, safety, the environment or other public interests.

(2) Conformity assessment in the regulated sphere in relation to food, animal feed and pharmaceutical products shall be determined by special norms.

[21 October 1999; 1 April 2004; 25 February 2010]

Section 6. (1) Conformity assessment in the regulated sphere shall be carried out by the conformity assessment bodies, which have been accredited in accordance with the laws and regulations governing the specific field.

(2) Conformity assessment bodies shall be accredited and decisions in the field of accreditation shall be taken by the national accreditation body.

(3) The body, which shall carry out the functions of the national accreditation body, shall be determined by the Cabinet. The abovementioned body shall fulfil the requirements laid down in Article 8 of Regulation (EC) No 765/2008 of the European Parliament and of the Council of 9 July 2008 setting out the requirements for accreditation and market surveillance relating to the marketing of products and repealing Regulation (EEC) No 339/93.

[25 February 2010; 23 May 2013]

Section 7. (1) The essential requirements for the specific conformity assessment object and the surveillance mechanism for the conformity thereof, according to a recommendation by the responsible ministry, shall be determined by the Cabinet.

(2) The authorities that carry out surveillance of the market in the regulated sphere, and the procedures by which this surveillance of the market shall be carried out, shall be determined by the Cabinet.

[21 October 1999; 25 February 2010]

Section 8. (1) The Notification Commission of Conformity Assessment Bodies (hereinafter - the Notification Commission) shall notify the European Commission of the conformity assessment bodies, which are carrying out the conformity assessment in the regulated sphere.

(2) The procedures for establishing the Notification Commission, as well as the procedures, by which such commission shall take a decision and notify the European Commission on the conformity assessment bodies, which carry out the conformity assessment in the regulated sphere, shall be determined by the Cabinet.

(3) The Cabinet shall determine the minimum limit of professional civil liability insurance and also the types of recoverable losses for the conformity assessment bodies notified to the European Commission which are carrying out the conformity assessment in the regulated sphere.

[23 May 2013; 16 February 2023]

Section 9.

[21 October 1999]

Chapter III.1
Market Surveillance

[16 February 2023]

Section 9.1 A performer of economic activity has an obligation to offer on the market only such product which conforms to the requirements laid down in the laws and regulations referred to in Section 4, Paragraph two of this Law (hereinafter - the prescribed requirements).

[16 February 2023]

Section 9.2 (1) The functions of a market surveillance authority in a particular field shall be carried out by an authority which is provided with such responsibility in accordance with a regulatory enactment. The market surveillance authorities shall, in accordance with Regulation No 2019/1020, control the conformity of products with the prescribed requirements in on-site, distance, including online, trade.

(2) The operation of the market surveillance authorities shall be coordinated and their mutual cooperation shall be facilitated by the Market Supervision Council.

[16 February 2023]

Section 9.3 (1) When implementing market surveillance and control according to their competence, the officials of the market surveillance authorities are entitled to:

1) control the conformity of products with the prescribed requirements, including, without a special permit, fee, other restrictions, and prior notice, to visit without interference the places of trade, storage, use, and production of the products, the premises, territories, or vehicles used by the performer of economic activity, to inspect samples of products (by carrying out pre-testing), including opening the packaging, and also to attract independent experts in carrying out the inspection;

2) inspect the internal control systems of the performers of economic activity and also to make recommendations in relation to improvements to the system in order to ensure the conformity of the products with the prescribed requirements;

3) request and receive free of charge from the performer of economic activity, natural persons, and legal persons governed by private law any information, including spoken information, irrespective of the form or format and irrespective of the medium of storage or the place in which it is stored, including documents, technical documentation, technical specifications, data, or other type of information, to access embedded software and other technical aspects, insofar as it is necessary to ascertain the conformity of the product with the prescribed requirements, and also to acquire information on the receipt and supply chains of the product and the quantities of products offered on the market;

4) request and receive free of charge samples of products, to carry out control purchases for the purchase of samples of products, including without disclosing the fact of the inspection, without disclosing or using other identity of the inspection performer, to organise laboratory examination or other type of examination of the product, including such whereby the product is irreversibly altered, in order to determine the conformity of the product with the prescribed requirements;

5) suspend the offering on the market or displaying of the products for the period necessary for carrying out the inspections and expert-examinations in order to evaluate the conformity of the products with the prescribed requirements, and also until the moment when the final decision has been taken;

6) request for the conformity assessment body notified to the European Commission which is carrying out the conformity assessment in the regulated sphere to provide information on the EC-type examination certificate which it has granted, recalled, or refused and to issue testing reports and technical documentation.

(2) The Cabinet shall determine the procedures by which the market surveillance authorities shall require and receive samples of products, make control purchases, and handle the samples after the laboratory examination or other type of examination.

(3) The expenditures of laboratory examination or other type of examination and transport of the product shall be covered by the market surveillance authority.

(4) If it is established that the product does not conform to the prescribed requirements, the expenditures of the control purchase, laboratory examination, or other type of examination and transport shall be reimbursed by:

1) the manufacturer or importer;

2) the performer of economic activity who first offered the product not conforming to the prescribed requirements on the market of Latvia if the manufacturer or importer of the product is not registered in Latvia.

(5) The distributor who has reimbursed the expenditures of the market surveillance authority for the control purchase, laboratory examination, or other type of examination and transport has the right of subrogation against the manufacturer or importer from whom the product was purchased.

(6) Expenditures shall be reimbursed within five days of receipt of the document verifying the expenditures. If the relevant person refuses to cover the expenditures, the market surveillance authority shall recover them in accordance with the civil procedures.

(7) Paragraphs four, five, and six of this Section shall not apply to the reimbursement of expenditures which are related to the monitoring of fuel quality conformity.

[16 February 2023]

Section 9.4 (1) In order to prevent the consequences which may arise from the offering of non-conforming product on the market and to inform the public, the market surveillance authority may publish information on products which have been found not conforming to the prescribed requirements, including the identification of the product, the presented risk from the product, if such exists, and also the corrective actions and measures taken. The market surveillance authority may publish the decision taken partially or fully on its website and in the official gazette Latvijas Vēstnesis. The expenditures related to the publication shall be covered by the performer of economic activity in respect of whom the decision has been issued.

(2) The officials of the market surveillance authorities, during the fulfilment of the duties and after termination of the employment relationships or civil service relations with this authority, are prohibited to disclose publicly or in any other manner information acquired from the surveillance process on the performer of economic activity which has not previously been published in accordance with the procedures laid down in the laws and regulations or the disclosure of which is not provided for by other laws.

(3) The images obtained in carrying out the market surveillance shall be considered as generally accessible information and may be used to provide information on the products found as non-conforming.

[16 February 2023]

Section 9.5 (1) If a non-conformity of the product with the prescribed requirements is established, the performer of economic activity has an obligation to carry out appropriate corrective actions and measures so that the product which has been placed or offered thereby on the market would conform to the prescribed requirements, including:

1) to prevent the non-conformity of the product;

2) to affix to the product information with suitable, clear, and easily comprehensible warnings or alerting the end users in a timely and appropriate manner, including by publishing special warnings, of potential risks, and also to take specific measures to ensure the safety of the product before resale of the product if the product may present a risk only in certain conditions or for certain groups of users;

3) to suspend the sale of the product;

4) to withdraw the product from the market or to recall the product from the end users, informing the public of the potential risk;

5) to destroy or dismantle the product.

(2) If the performer of economic activity acquires knowledge, or as an expert should have known, that the product which has been placed or offered thereby on the market does not conform to the prescribed requirements and present a risk, it shall immediately inform the relevant market surveillance authority.

[16 February 2023]

Section 9.6 (1) If the market surveillance authority establishes that the product does not conform to the prescribed requirements, it is entitled to request for the performer of economic activity to perform the necessary corrective actions within a specific time period.

(2) If the performer of economic activity does not willingly carry out the appropriate corrective actions to ensure the conformity of the product with the prescribed requirements within the time period stipulated by the market surveillance authority or if the potential risk of the product to the health and safety of persons, labour protection, consumer rights, protection of the environment, public order, and other public interests justifies immediate intervention of the market surveillance authority, the authority is entitled to take one or more of the following decisions:

1) to prohibit the offering of the product on the market;

2) to withdraw the product from the market;

3) to recall the product from the end users;

4) to destroy the product in an appropriate manner.

(3) If the performer of economic activity does not fulfil the decision of the market surveillance authority referred to in Paragraph two of this Section, the market surveillance authority is entitled to recall the product from the end users, to withdraw the product from the market, and also to destroy the product. In such case, an official of the market surveillance authority has the right to request the performer of economic activity offering the product on the market to deliver the product for disposal. The official of the market surveillance authority shall prepare an act for the withdrawal of the product, indicating the information on the product, the decision taken, and the performer of economic activity from whom the product is withdrawn.

(4) The costs of disposal of the product shall be initially covered by the market surveillance authority and the performer of economic activity in respect of whom the decision referred to in Paragraph two of this Section has been taken shall be requested to reimburse the expenditures. Expenditures shall be reimbursed within five days of receipt of the document verifying the expenditures. If the relevant person refuses to cover the expenditures, the market surveillance authority shall recover them in accordance with the procedures laid down in the Administrative Procedure Law as costs of compulsory execution of an administrative act.

[16 February 2023]

Section 9.7 (1) In performing market surveillance in online trade, including upon request of other market surveillance authorities, the Consumer Rights Protection Centre and the Health Inspectorate, in addition to the rights specified in Section 9.3 of this Law, have the right:

1) to request and receive from the electronic communications merchant the following traffic data:

a) the name (firm name) and registration number if the end user is a legal person;

b) the given name, surname, and personal identity number if the end user is a natural person;

c) the telephone numbers and Internet Protocol (IP) addresses assigned to the end user according to the electronic communications services contract, and his or her contact information;

2) to request and receive the information at the disposal of the top level domain registry or the domain name registrar on the user of the domain name and the domain name registration contract;

3) to request and receive free of charge information for identifying the responsible person of the online interface which is necessary for the surveillance of the prescribed requirements.

(2) If the Consumer Rights Protection Centre, the Health Inspectorate, or another market surveillance authority has established that the product does not conform to the prescribed requirements, the responsible performer of economic activity has not carried out the appropriate corrective actions, and the product is offered on the online interface, the Consumer Rights Protection Centre and the Health Inspectorate have the right to request for the performer of economic activity responsible for the online interface to remove from the online interface the content relating to the product not conforming to the requirements or to provide a warning when the user accesses the online interface.

(3) If the performer of economic activity does not ensure the activities referred to in Paragraph two of this Section within the time period stipulated by the Consumer Rights Protection Centre or the Health Inspectorate, the Consumer Rights Protection Centre or the Health Inspectorate has the right to take one or more of the following decisions, imposing:

1) for the electronic communications merchant to restrict access for the online interface in the electronic communications network;

2) for the electronic communications merchant to redirect a user when he or she accesses the online interface to a website or another online resource which is used for warning consumers;

3) for the top level domain registry or the domain name registrar to deactivate the domain name;

4) for the top level domain registry or the domain name registrar to prohibit transfer of the rights of use of the domain name to other persons;

5) for the top level domain registry or the domain name registrar to transfer the rights of use of the domain name to the institution which takes such decision;

6) for the provider of information society services, including a provider of hosting services, to remove, block, or restrict access to the online interface in online environment;

7) for the provider of information society services to remove content from the online interface.

(4) The addressee referred to in the decision of Paragraph three of this Section shall not be responsible for the losses incurred by third parties due to the execution of this decision.

(5) The Cabinet shall determine the procedures by which the decision referred to in Paragraph three of this Section shall be prepared and sent to the electronic communications merchant, the top level domain registry, the domain name registrar, or the provider of information society services, the form of the request to be included therein, the way of sending the decision, the time period for the execution and operation.

[16 February 2023]

Section 9.8 (1) The decisions referred to in Section 9.6, Paragraph two and Section 9.7, Paragraph three of this Law shall be in effect from the moment of taking them. The appeal of a decision shall not suspend the operation of the decision.

(2) If the market surveillance authority has grounds to believe that the product which does not conform to the requirements of the European Union harmonisation legislation or to the accessibility requirements for products laid down in the legal acts of the European Union are also offered in other Member States of the European Union or the decisions referred to in Section 9.6, Paragraph two or Section 9.7, Paragraph three of this Law have been taken in respect thereof, the market surveillance authority, acquiring all the necessary information, shall immediately inform the European Commission and other Member States of the European Union of the results of the assessment carried out and the measures stipulated by the market surveillance authority, indicating all the necessary information, including:

1) the information necessary for the identification of the product;

2) information on the origin of the product;

3) information on the nature and duration of the measures stipulated by the market surveillance authority, and also the explanations and arguments provided by the respective performer of economic activity;

4) information on the risks presented and the nature of the non-conformity - the non-conformity of the product with the prescribed requirements, deficiencies in the applicable standards or technical specifications.

(3) If, within three months after receipt of the information referred to in Paragraph two of this Section, no objection has been raised by either a Member State of the European Union or the European Commission in respect of the measures stipulated by the market surveillance authority, they shall be deemed to be justified.

(4) If the European Commission takes a decision that the measures stipulated by the market surveillance authority are unjustified, they shall be revoked.

(5) If the market surveillance authority, upon receipt of a notification from another Member State of the European Union, ascertains that the product not conforming to the prescribed requirements is also available on the market of Latvia, it shall, without delay, carry out the activities specified in Section 9.6 of this Law and inform the European Commission and other Member States of the European Union of the measures taken and shall provide any additional information at its disposal in relation to the non-conformity of the relevant product. If the market surveillance authority has objections to the measures taken by another Member State of the European Union, it shall inform the European Commission and other Member States of the European Union of such objections.

(6) If the market surveillance authority has grounds to believe that the product which conforms to the prescribed requirements nevertheless present a risk to the health and safety of persons, labour protection, consumer rights, protection of the environment, public order, and other public interests, the market surveillance authority, in acquiring all the necessary information, shall immediately inform the European Commission and other Member States of the European Union, indicating all the available information, including:

1) the information necessary for the identification of the product;

2) information on the origin of the product and its supply chain;

3) information on the risks presented;

4) information on the nature and duration of the measures stipulated by the market surveillance authority;

5) information on the deficiencies in the applicable standards or technical specifications.

(7) If, upon receipt of the information referred to in Paragraph six of this Section, the European Commission takes the decision that the measures stipulated by the market surveillance authority are unjustified, they shall be revoked.

[16 February 2023]

Section 9.9 (1) The control of the products placed under the customs procedure "release for free circulation" shall be carried out by the customs office in cooperation with the market surveillance authority of the specific field on the basis of Article 11(3) and Chapter VII of Regulation No 2019/1020, including upon a justified request by the market surveillance authority or taking into consideration the information provided by a customs office of another Member State of the European Union.

(2) The cooperation with the customs office shall be ensured by the market surveillance authority the responsibility of which for the control of the prescribed requirements for the products is provided for in the laws and regulations governing the respective field. If necessary, the cooperation issues shall be coordinated by the Market Supervision Council, but the decision shall be taken by the Cabinet.

(3) Upon request of the market surveillance authority, the customs office shall provide information at its disposal on the importers of products, consignors of products, and products, including the quantity thereof placed under the customs procedure "release for free circulation".

(4) In carrying out the activities referred to in Article 25 of Regulation No 2019/1020 requested by the market surveillance authority, the customs office is entitled to take samples of products free of charge and deliver them to the market surveillance authority which shall organise laboratory examination or other type of examination.

(5) In order to ensure effective implementation of the market surveillance measures, when carrying out the control of products entering the European Union, the market surveillance authorities shall provide risk information to the customs office in accordance with Article 25(5) of Regulation No 2019/1020 and shall participate in the application of Article 26(3), Articles 27 and 28 of the Regulation.

(6) In cooperation with the customs office, the market surveillance authorities shall develop safety and conformity checklists in which the conformity assessment criteria of the respective products or categories thereof shall be included.

(7) The customs office shall take into consideration the information provided by the market surveillance authority when granting the performer of economic activity the status provided for in Article 38(1) of Regulation (EU) No 952/2013 of the European Parliament and of the Council of 9 October 2013 laying down the Union Customs Code.

[16 February 2023]

Section 9.10 (1) For the exchange, compilation, processing, and storage of information in order to fulfil the requirements of this Law, the market surveillance authorities shall use the information and communication system referred to in Article 34 of Regulation No 2019/1020 which may also be used by the customs offices.

(2) For the exchange of information with the customs office, another information exchange system may be used, including an interface with the information and communication system referred to in Paragraph one of this Section, if such is established, insofar as it is allowed by Regulation No 2019/1020.

(3) The data to be transmitted for the exchange of information through the use of the interface referred to in Paragraph two of this Section shall be determined in accordance with Commission Implementing Regulation (EU) 2021/2248 of 16 December 2021 specifying the details of the electronic interface between national customs systems and the information and communication system for market surveillance, and the data to be transmitted by means of that interface.

(4) The user access rights of the information and communication system referred to in Paragraph one of this Section shall be administered by the Ministry of Economics.

[16 February 2023]

Chapter IV.
Conformity Assessment System

Section 10.

[25 February 2010]

Section 11.

[21 October 1999]

Section 12.

[1 April 2004]

Chapter V.
National System of Accreditation

Section 13. (1) The Cabinet shall determine the following:

1) the fields in which the national accreditation body shall assess, accredit, and supervise the conformity assessment bodies;

2) the procedures by which the national accreditation body shall organise assessment, accreditation, and supervision of conformity assessment bodies;

3) the composition, competence of the accreditation commission and the procedures for taking decisions;

4) the information to be included in the list of accredited conformity assessment bodies;

5) a sample of accreditation mark.

(2) The Ministry of Economics shall implement the State policy in the field of accreditation and shall ensure the operation of the national accreditation system.

(3) The Latvian National Accreditation Council shall participate in the drawing up of State policy in the field of accreditation, promote co-operation with the international accreditation organisations, as well as consult the conformity assessment bodies on matters of accreditation in the regulated and non-regulated sphere. The Latvian National Accreditation Council is a consultative body. The by-law of the Council, according to a recommendation of the Minister for Economics, shall be approved by the Cabinet. The composition of the personnel of the Council shall be approved by the Minister for Economics.

(4) Accreditation of conformity assessment bodies in the regulated and non-regulated sphere, as well as surveillance of the conformity assessment bodies shall be carried out by the national accreditation body.

(5) The national accreditation body is entitled to establish sectoral technical committees in order to receive consultations on solving particular technical questions in the relevant sector.

[25 February 2010; 23 May 2013; 10 October 2019]

Section 14. (1) The main functions of the national accreditation body shall be as follows:

1) to assess and accredit the conformity assessment bodies, as well as to carry out the surveillance of the bodies, conforming to the Latvian national standards, laws and regulations, European or international standards, as well as the requirements laid down in mutual recognition agreements with the international accreditation organisations;

2) to technically ensure the work of the Latvian National Accreditation Council;

3) [16 February 2023];

4) to co-operate with the national accreditation bodies of other states;

5) to represent Latvia in international accreditation organisations;

6) to create and maintain a list of accredited conformity assessment bodies on its website;

7) to publish on the official website information regarding the accredited conformity assessment bodies, which operate in the regulated sphere, and to ensure credibility of the published information;

8) to inform the Ministry of Economics regarding accredited bodies in the regulated sphere.

(2) The national accreditation body, in carrying out the functions referred to in Paragraph one of this Section, has the right to issue administrative acts.

(3) The financing procedures for the accreditation system shall be as follows:

1) the following shall be financed from the State budget:

a) the carrying out of the functions of the national accreditation body, except the function laid down in Paragraph one, Clause 1 of this Section,

b) membership fee for international accreditation organisations;

2) all costs related to assessment, accreditation and surveillance in the regulated and non-regulated sphere shall be covered by the respective conformity assessment body.

[25 February 2010; 23 May 2013; 16 February 2023]

Chapter VI.
Procedures for the Examination of Disputes

[1 April 2004]

Section 15. The accreditation decisions taken by the national accreditation body may be contested by submitting a relevant application to the national accreditation body. The decisions taken by the national accreditation body on the contested accreditation decisions may be appealed in a court in accordance with the procedures laid down in the Administrative Procedure Law. The contesting and appeal of a decision shall not suspend the operation of the decision.

[16 February 2023]

Chapter VII.
Mutual Recognition

[1 April 2004]

Section 16. (1) The mutual recognition shall be applied in conformity with the procedures laid down in Regulation (EU) 2019/515 of the European Parliament and of the Council of 19 March 2019 on the mutual recognition of products lawfully marketed in another Member State and repealing Regulation (EC) No 764/2008 (hereinafter - Regulation No 2019/515).

(2) In mutual recognition shall apply to:

1) technical regulations, standards and specifications;

2) conformity assessment procedures, testing procedures, testing reports and accreditation systems;

3) results of conformity assessment procedures, also testing results, conformity certificates and conformity or inspections marks.

(3) [16 February 2023]

(4) The essential requirements for non-food products for which the harmonised legislation of the European Union do not apply shall be determined by the Cabinet upon a recommendation by the responsible ministry.

[23 May 2013; 16 February 2023]

Section 17. Products, which in accordance with inter-state agreements entered into and the procedures laid down therein are recognised by Member States of the European Union, Turkey or the states of the European Economic Area shall be recognised in Latvia.

Section 18. (1) The Ministry of Economics shall publish information on the official website on the product contact point which is maintained in accordance with the requirements laid down in Article 9 of Regulation No 2019/515.

(2) The Ministry of Economics shall organise and manage the operation of the product contact point in accordance with the principle of good administration and the requirements laid down in Article 9 of Regulation No 2019/515.

[16 February 2023]

Chapter VIII.
Administrative Offences in the Field of Products Subject to Conformity Assessment and Competence in the Administrative Offence Proceedings

[10 October 2019 / This Chapter shall come into force on 1 July 2020. See Paragraph 5 of Transitional Provisions]

Section 19. (1) For the offering or sale of the products subject to conformity assessment without a conformity certification or confirmation, except for offering or sale of medicinal products, a fine from seven to seventy units of fine shall be imposed on a natural person, but a fine from fourteen to two hundred and eighty units of fine - on a legal person.

(2) For the placing on the market, offering, or sale of such products which do not conform to the essential requirements or technical parameters laid down in laws and regulations, a fine from fourteen to one hundred and forty units of fine shall be imposed on a natural person, but a fine from one hundred and forty to one thousand four hundred and twenty units of fine - on a legal person.

(3) For not providing the products, except for medicinal products, subject to conformity assessment with a conformity certification or confirmation, a fine from fifty-six to one hundred and forty units of fine shall be imposed on a natural person, but a fine from one hundred and forty to eight hundred and sixty units of fine - on a legal person.

(4) For the offering or sale of such oil products, their substitute products and components and alcoholic beverages which do not conform to the requirements laid down in laws and regulations, a fine from eighty-six to eight hundred and sixty units of fine shall be imposed on a legal person.

(5) For not ensuring of oil products, their substitute products and components with a conformity certificate, a conformity certification, a testing report, or another document specified in laws and regulations which certifies the conformity of such products with the requirements of laws and regulations, or for offering or sale of oil products, their substitute products and components without such documents, a fine from one hundred and forty to one thousand four hundred and twenty units of fine shall be imposed on a legal person.

[10 October 2019; 16 February 2023]

Section 20. (1) The administrative offence proceedings for the offences referred to in Section 19, Paragraphs one, two, and three of this Law shall be conducted by the Consumer Rights Protection Centre and the Health Inspectorate.

(2) The administrative offence proceedings for the offences referred to in Section 19, Paragraph four of this Law shall be conducted by the State Revenue Service and the municipal police.

(3) The administrative offence proceedings for the offences referred to in Section 19, Paragraph five of this Law shall be conducted by the State Revenue Service.

[10 October 2019 / Section shall come into force on 1 July 2020. See Paragraph 5 of Transitional Provisions]

Transitional Provisions

[21 October 1999]

1. The Cabinet shall, by 1 May 2000, submit to the Saeima necessary amendments to laws, and draft other laws and regulations.

2. Those Cabinet regulations that have been issued in accordance with Section 7 of this Law shall remain in force until the coming into force of new Cabinet regulations, but not later than 1 May 2000.

3. Until the time when the condition of Section 6, Paragraph three of this Law is fulfilled, the functions of the national accreditation body laid down in this Law shall be carried out by the unit "Latvian National Accreditation Bureau" of the limited liability company "Standardisation, Accreditation and Metrology Centre".

[25 February 2010]

4. The Cabinet shall, by 31 December 2019, issue the regulations referred to in Section 13, Paragraph one of this Law. Until the day of coming into force of the Cabinet regulations referred to in Section 13, Paragraph one of this Law, Cabinet Regulation No. 1059 of 16 December 2008, Regulations Regarding the Assessment, Accreditation, and Supervision of Conformity Assessment Bodies, shall be applied.

[10 October 2019]

5. Chapter VIII of this Law shall come into force concurrently with the Law on Administrative Liability.

[10 October 2019]

Informative Reference to European Union Directive

[16 February 2023]

The Law contains legal norms arising from Directive (EU) 2019/882 of the European Parliament and of the Council of 17 April 2019 on the accessibility requirements for products and services.

The Law has been adopted by the Saeima on 8 August 1996.

Acting for the President, Chairperson of the Saeima I. Kreituse

Rīga, 20 August 1996


1The Parliament of the Republic of Latvia

Translation © 2024 Valsts valodas centrs (State Language Centre)

 
Document information
Title: Par atbilstības novērtēšanu Status:
In force
in force
Issuer: Saeima Type: law Adoption: 08.08.1996.Entry into force: 03.09.1996.Theme: Consumer rights; Administratīvās atbildības ceļvedisPublication: Latvijas Vēstnesis, 139, 20.08.1996.; Latvijas Republikas Saeimas un Ministru Kabineta Ziņotājs, 18, 26.09.1996.
Language:
LVEN
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