Law on Conformity Assessment, market surveillance of goods covered by European Union acts on goods accessibility requirements and the related fines
Likums "Par atbilstības novērtēšanu", 4., 9.3 līdz 9.6, 19. un 20. pants
In force since .
An accessibility requirements rule binding public and private bodies.
- Instrument type
- an act of a legislature
What it requires
- If you are a manufacturer, authorised representative, importer, distributor or fulfilment service provider, offer on the market only goods that meet the requirements of the acts within Article 4(2), among them the accessibility requirements (Law on Conformity Assessment, Arts. 1(2), 4(2) and 9.1).
- If goods you place on the market or offer are found not to meet the requirements of an act within Article 4(2), take the corrective action the Consumer Rights Protection Centre requires (Law on Conformity Assessment, Art. 9.5(1)).
- If you know or should know that goods you placed or offered do not meet the requirements and pose a risk, inform the Consumer Rights Protection Centre at once (Art. 9.5(2)).
- If you are the manufacturer or importer of non-conforming goods, reimburse the Consumer Rights Protection Centre the costs of a test purchase, expert examination and transport within five days of the supporting document (Art. 9.3(4) and (6)).
- Expect the Consumer Rights Protection Centre to ban offering the goods, withdraw them, recall them from end-users or have them destroyed if you do not act (Art. 9.6(2) and (3)).
- If non-conforming goods are still offered through your online interface after the time set for corrective action, expect the Consumer Rights Protection Centre to order access to the interface restricted or its content removed, with immediate effect (Arts. 9.7(3) and 9.8(1)).
These lines are LexLint's reading of the law's text.
If you get it wrong
Penalty structure
Article 19(9) of the Law on Conformity Assessment sets 14 to 140 fine units (EUR 70 to 700) for a natural person and 40 to 1,400 fine units (EUR 200 to 7,000) for a legal person. Article 19(10) sets 14 to 140 fine units (EUR 70 to 700) for a natural person and 56 to 2,800 fine units (EUR 280 to 14,000) for a legal person. Article 19(11) sets 40 to 400 fine units (EUR 200 to 2,000) for a natural person and 140 to 4,000 fine units (EUR 700 to 20,000) for a legal person. Paragraphs 9 to 11 apply from (law of ); from to the tier was Article 19(2), 14 to 140 fine units (EUR 70 to 700) for a natural person and 140 to 1,420 fine units (EUR 700 to 7,100) for a legal person. One fine unit is EUR 5 under Article 16(2) of the Administrative Liability Law, and the Consumer Rights Protection Centre conducts the proceedings under Article 20(1).
- Rule
- Fixed only
- As of
- Currency
- EUR
- Fixed cap
- 20,000
Who enforces it
Enforcement body
the Consumer Rights Protection Centre (Patērētāju tiesību aizsardzības centrs), the market surveillance authority for goods under Article 18(1), which conducts the administrative offence proceedings for the fines under Article 20(1) of the Law on Conformity Assessment
What this law does
Article 4(2) of the Law on Conformity Assessment applies chapter III.1 of that Law to non-food goods for which requirements are set in legal acts, including European Union acts on goods accessibility requirements. The Law lists Directive (EU) 2019/882 among the directives it includes provisions from. The version of the Law with the Directive reference is that of the law of , in force from .
Article 9.5(1) requires an economic operator, where non-conformity of goods is found, to take appropriate corrective action so that the goods meet the requirements. Article 9.5(2) requires an economic operator that knows or should know that goods it placed or offered do not meet the requirements and pose a risk to inform the market surveillance authority at once.
Article 9.6(2) lets the market surveillance authority ban offering the goods, withdraw them from the market, recall them from end-users or have them destroyed. Article 9.3(4) requires the manufacturer or importer to reimburse the costs of a test purchase, laboratory or other expert examination and transport where goods are found not to conform.
Article 19(9) sets the fine for failing to ensure that goods meet the requirements of an act referred to in Article 4(2), or for breaching the rules on the circulation of goods, at 14 to 140 fine units for a natural person and 40 to 1,400 fine units for a legal person.
Article 19(10) sets the fine for placing on the market, offering or selling goods that do not meet the safety or essential requirements or technical parameters of such an act at 14 to 140 fine units for a natural person and 56 to 2,800 fine units for a legal person. Article 19(11) sets the fine for failing to maintain internal control processes that cause systematic non-conformity at 40 to 400 fine units for a natural person and 140 to 4,000 fine units for a legal person.
Article 16(2) of the Administrative Liability Law sets one fine unit at EUR 5. Article 16(4) of that Law sets the general maximum fine for a legal person at 4,000 fine units. Article 20(1) of the Law on Conformity Assessment makes the Consumer Rights Protection Centre the authority that conducts the administrative offence proceedings for the fines in Article 19(1), (3), (7), (8), (9), (10) and (11).
The law of , in force from , deleted Article 19(2) of the Law on Conformity Assessment and added paragraphs 6 to 11, among them the fines in paragraphs 9 to 11.
In the version in force from to , Article 19(2) set a fine of 14 to 140 fine units for a natural person and 140 to 1,420 fine units for a legal person for placing on the market, offering or selling goods that do not meet the essential requirements or technical parameters set in normative acts.
Article 1(2) makes the economic operator under that Law the manufacturer, authorised representative, importer, distributor and fulfilment service provider within the meaning of Article 3 of Regulation (EU) 2019/1020. Article 9.1 requires an economic operator to offer on the market only goods that meet the requirements of the acts referred to in Article 4(2).
Article 9.3(1) point 3 lets the authority request, free of charge, any information needed to establish conformity, including technical documentation, and access to embedded software. Article 9.3(4) point 2 makes the economic operator that first offered the goods on the Latvian market reimburse the costs where the manufacturer or importer is not registered in Latvia.
Article 9.4(1) lets the authority publish information on non-conforming goods and its decision, at the cost of the economic operator concerned.
Article 9.7(3) lets the authority, where non-conforming goods are still offered through an online interface after the time set for corrective action, or where they pose an immediate and serious risk or no other effective means is available, order electronic communications operators, domain registries and information society service providers to restrict access to the interface or remove its content.
Article 9.8(1) makes the decisions under Articles 9.6(2) and 9.7(3) effective when adopted, and an appeal does not suspend them. The Saeima adopted the law of on and the President promulgated it in Riga on . The Saeima adopted the law of on , and it entered into force on . The law of added general product safety to Article 4(2).
When LexLint raises it
When your app profile says your app distributes a software product.
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