Law / Latvia

Law on the accessibility of goods and services, duties of manufacturers of goods

Preču un pakalpojumu piekļūstamības likums, 6., 7., 15., 16. un 17. 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 manufacture consumer general-purpose computers or their operating systems, smartphones and tablets, payment terminals, ATMs, ticket machines, check-in machines, interactive self-service information terminals (other than terminals built into vehicles, aircraft, ships or rolling stock), consumer terminal equipment used for electronic communications or for access to audiovisual media services, or e-readers, design and make them to meet the accessibility requirements of Cabinet Regulation 128 (Law, Arts. 3(1), 4(1) and 6(1); Directive (EU) 2019/882, Art. 7(1)).
  • Prepare the technical documentation, carry out the internal production control procedure, draw up the declaration of conformity on the model in the Cabinet regulation and affix the CE marking before you place the goods on the market (Law, Arts. 6(2), 7 and 16).
  • Keep the technical documentation and the declaration of conformity for five years after the goods are placed on the market (Art. 6(3)).
  • If you produce goods in series, set up control procedures that keep each unit in conformity and take account of changes in design, characteristics, standards and technical specifications (Art. 6(4)).
  • Mark each product with a type, batch or serial number, show your name or trademark and one address with contact details, and supply instructions and safety information in the state language (Art. 6(5) to (7)).
  • If you find that goods you placed on the market do not meet the accessibility requirements, take corrective action at once, withdraw them where necessary, tell the Consumer Rights Protection Centre with details of the non-conformity, and keep a register of non-conforming goods and complaints (Art. 6(8)).
  • On a reasoned request from the Consumer Rights Protection Centre, give it the information and documentation it needs, in the state language, and cooperate in remedying non-conformity (Art. 6(9) and (10)).
  • If you rely on the fundamental alteration or disproportionate burden provision of Article 13, show it in the technical documentation and state in the declaration of conformity which requirements it is applied to (Arts. 7(2) and 16(1)).
  • Goods placed on the market up to are outside the requirements (transitional provisions, point 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

Drafted with AI

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Research summary

Legal information, not legal advice. This is LexLint's own research summary of a public legal source, and it creates no attorney-client relationship. For decisions that matter, consult qualified counsel in the relevant jurisdiction. About LexLint

Article 6(1) of the Law requires a manufacturer placing goods on the market to ensure that they are designed and made in line with the accessibility requirements. The Law states that it includes legal norms arising from Directive (EU) 2019/882. Article 7(1) of the Directive requires manufacturers to ensure that the products they place on the market have been designed and manufactured in accordance with the applicable accessibility requirements.

Article 3(1) of the Law covers the goods it lists, among them consumer general-purpose computer hardware systems and their operating systems, payment terminals, ATMs, ticket machines, check-in machines, interactive self-service information terminals, consumer terminal equipment with interactive computing capability and e-readers. Article 7(1) makes internal production control the conformity assessment procedure, under which the manufacturer declares that the goods meet the Law.

Article 6(2) requires the manufacturer to prepare the technical documentation and, where the procedure shows that the goods meet the applicable requirements, to draw up a declaration of conformity and affix the CE marking. Article 7(5) requires the manufacturer to affix the CE marking to each individual item that meets the requirements of the Law.

Article 6(3) requires the manufacturer to keep the technical documentation and the declaration of conformity for five years after the goods are placed on the market. Article 6(4) requires a manufacturer of serially produced goods to establish control procedures that keep the goods in conformity and to take account of changes in the design or characteristics of the goods.

The law of deleted from Article 6(4) the words that tied the technical specifications to Regulation (EU) No 1025/2012. Article 6(5) requires the manufacturer to mark the goods with a type, batch or serial number or another identifying element. Article 6(6) requires the manufacturer to show its name or registered trademark, one address and contact details on the goods.

Article 6(7) requires the manufacturer to supply the goods with instructions for use and safety information in the state language. Article 6(8) requires a manufacturer that considers its goods do not meet the accessibility requirements to take corrective action at once, to withdraw them where necessary, to inform the market surveillance authority and to keep a register of non-conforming goods and related complaints.

Article 6(9) requires the manufacturer to give the market surveillance authority, on a reasoned request, the information and documentation it needs in the state language. Article 6(10) requires the manufacturer to cooperate with the authority, on its request, to remedy non-conformity of goods already on the market.

Article 6(11) treats an importer or distributor as a manufacturer where it places goods on the market under its own name or trademark or modifies goods so that their conformity may be affected. Article 7(2) requires the technical documentation to show, where the manufacturer applies the fundamental alteration or disproportionate burden provision of Article 13, that meeting the requirement would cause such alteration or burden.

Article 16(1) requires the declaration of conformity to state which accessibility requirements the fundamental alteration or disproportionate burden provision is applied to. Article 16(2) requires the declaration of conformity to be drawn up in the language of the Member State in which the goods are offered. Article 17(1) requires the CE marking to be affixed to the goods or their data plate, and to be easily visible, legible and indelible.

Article 15(1) presumes that goods which meet harmonised standards, or parts of them, published in the Official Journal of the European Union conform to the accessibility requirements those standards cover. Point 1 of the transitional provisions provides that the requirements do not apply to goods placed on the market up to .

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). Article 1(1) point 18 defines the manufacturer as a private person that makes goods, or has them designed or made, and markets them under its own name or trademark.

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. 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 3(1) point 1 excludes from the operating systems covered the boot loader, the basic input/output system and other firmware needed at start-up or when the operating system is installed. Article 3(1) point 2 covers ATMs, ticket machines, check-in machines and interactive self-service information terminals intended for providing the services within the Law, other than terminals installed as integrated parts of vehicles, aircraft, ships or rolling stock.

Article 15(2) presumes that goods which meet technical specifications adopted by the European Commission in implementing acts conform to the accessibility requirements those specifications cover. Article 16(3) requires a single declaration of conformity covering every applicable act where several acts require one. Article 16(4) makes the manufacturer, by drawing up the declaration of conformity, responsible for the conformity of the goods with the Law. Article 17(2) requires the CE marking to be affixed before the goods are placed on the market.

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