Law on the accessibility of goods and services, duties of authorised representatives
Preču un pakalpojumu piekļūstamības likums, 8. 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 appointed as the authorised representative of a manufacturer, accept a written mandate that lets you keep the declaration of conformity and the technical documentation for five years after the goods are placed on the market and make them available to the Consumer Rights Protection Centre (Law, Art. 8(2) point 1).
- On a reasoned request from the Consumer Rights Protection Centre, supply the information and documentation that shows the goods meet the accessibility requirements (Art. 8(2) point 2).
- Cooperate with the Consumer Rights Protection Centre, on its request, to remedy the goods' non-conformity (Art. 8(2) point 3).
- The manufacturer's duty to design and make the goods to the requirements, and the drawing up of the technical documentation, stay with the manufacturer and cannot be placed in your mandate (Art. 8(1)).
- On request, identify the economic operators that supplied you with the goods and those you supplied them to, and keep that information available for five years (Art. 11).
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 8(1) of Directive (EU) 2019/882 lets a manufacturer appoint an authorised representative by a written mandate. Article 8(1) of the Law excludes from the representative's mandate the manufacturer's duty under Article 6(1) and the drawing up of the technical documentation.
Article 8(2) requires the written mandate to give the representative at least three duties, which are to keep the declaration of conformity and technical documentation available to the market surveillance authority for five years, to supply information and documentation on a reasoned request, and to cooperate to remedy non-conformity.
Article 7(6) lets the authorised representative perform the manufacturer's duties under Article 7(5) on the manufacturer's behalf where the mandate provides for them. Article 1(1) point 20 defines the economic operator as the manufacturer, authorised representative, importer, distributor or service provider. Article 11 requires an authorised representative to identify, on request, the economic operators from which it received the goods and to which it supplied them.
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 15 defines the authorised representative as a private person established in the European Union that holds a written mandate from the manufacturer to act on its behalf in specified tasks. 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 7(2) requires the technical documentation the representative keeps to show, where the manufacturer applied the Article 13 provision, that meeting the requirement would cause a fundamental alteration or disproportionate burden. Article 13(6) requires an economic operator that applies an Article 13 exception, other than a microenterprise offering goods, to inform the market surveillance authority in writing.
When LexLint raises it
When your app profile says your app distributes a software product.
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