LatviaLaw on the accessibility of goods and services, identification of economic operators in the supply chain of goods
Preču un pakalpojumu piekļūstamības likums, 11. 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 or distributor of goods covered by the Law, identify to the Consumer Rights Protection Centre, on request, the economic operator that supplied you with the goods and the one you supplied them to (Law, Art. 11(1); Directive (EU) 2019/882, Art. 12(1)).
- Keep that information available to the Consumer Rights Protection Centre for five years after the goods were supplied to you and for five years after you supplied them (Art. 11(2)).
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 12(1) of Directive (EU) 2019/882 requires the economic operators referred to in Articles 7 to 10 of the Directive to identify, on request, to the market surveillance authorities the operator that supplied them with a product and the operator to which they supplied it.
Article 11(1) of the Law requires the manufacturer, authorised representative, importer and distributor, on the request of the market surveillance authority, to identify the economic operator that supplied them with the goods and the one to which they supplied them. Article 11(2) requires each of them to keep that information available to the authority for five years after the goods were supplied to them and five years after they supplied the goods.
Article 1(1) point 20 defines the economic operator as the manufacturer, authorised representative, importer, distributor or service provider. Article 1(8) of the Administrative Procedure Law defines a private person as a natural person, a legal person governed by private law or an association of such persons.
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. Article 19(9) of that Law 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 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.
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