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)
