The translation of this document is outdated.
Translation validity: 18.06.2013.–11.11.2019.
Amendments not included:
10.10.2019.
Text consolidated by Valsts valodas centrs (State
Language Centre) with amending laws of:
21 October 1999 [shall come
into force from 24 November 1999];
31 October 2002 [shall come into force from 1 January
2003];
1 April 2004 [shall come into force from 1 May
2004];
14 November 2008 [shall come into force from 1 January
2009];
12 June 2009 [shall come into force from 1 July
2009];
25 February 2010 [shall come into force from 31 March
2010];
23 May 2013 [shall come into force from 18 June
2013].
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.
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The Saeima1 has adopted and
the President has proclaimed the following Law:
On Conformity Assessment
Chapter I
General Provisions
Section 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.
[21 October 1999; 1 April 2004; 25
February 2010]
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.
[21 October 1999]
Section 3.
The purpose of this Law is to ensure unified procedures for
the conformity assessment, which are harmonised with the European
Union and international regulatory enactments.
[1 April 2004; 25 February
2010]
Section 4.
This Law applies to all subjects that lay claim to conformity
assessment.
[21 October 1999; 25 February
2010]
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]
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.
[23 May 2013]
Section 9.
[21 October 1999]
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 a uniform national
accreditation system conforming to the international
requirements, the task of which shall be to determine the
accreditation procedures and conformity with the unified
management principles.
(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]
Section 14.
(1) The main functions of the national accreditation body
shall be as follows:
1) to evaluate 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) to organise proficiency testing and to co-ordinate
inter-laboratory comparison programmes in accordance with the
requirements of Latvia, of the European Union and international
requirements regarding inter-laboratory comparisons;
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]
Chapter VI
Procedures for the Examination of Disputes
[1 April
2004]
Section 15.
Decisions taken by the national accreditation body may be
appealed in a court in accordance with the procedures laid down
in the Administrative Procedure Law. The appeal of a decision
shall not suspend its operation.
[25 February 2010]
Chapter VII
Mutual Recognition
[1 April
2004]
Section 16.
(1) The mutual recognition shall be applied in accordance with
the procedures laid down in Regulation (EC) No 764/2008 of the
European Parliament and of the Council of 9 July 2008 laying down
procedures relating to the application of certain national
technical rules to products lawfully marketed in another Member
State and repealing Decision No 3052/95/EC (hereinafter -
Regulation (EC) No 764/2008).
(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) A body of direct or indirect administration, which takes
the decision referred to in Article 2 of Regulation (EC) No
764/2008, or an authorised person of such body, who is performing
a task of State administration according to an external
regulatory enactment or on the basis of a delegation agreement,
shall comply with the requirements laid down in Chapter Two of
Regulation (EC) No 764/2008, unless the decision is taken in
cases referred to in Article 3 of the Regulation.
[23 May 2013]
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.
[1 April 2004]
Section 18.
(1) The Ministry of Economics shall publish information on the
official website on the product contact point, which has been
established according to the requirements laid down in Article 9
of Regulation (EC) No 764/2008.
(2) The Ministry of Economics shall organise and manage the
operation of the product contact point according to the principle
of good administration and in accordance with the requirements
laid down in Article 10 of Regulation (EC) No 764/2008.
[23 May 2013]
Transitional Provisions
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]
This 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
1 The Parliament of the Republic of
Latvia
Translation © 2014 Valsts valodas centrs (State
Language Centre)