Law / Latvia

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

Preču un pakalpojumu piekļūstamības likums, 9. 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 import goods covered by the Law into the European Union, place on the market only goods that meet the accessibility requirements (Law, Art. 9(1)).
  • Before placing the goods on the market, check that the manufacturer carried out the Article 7 conformity assessment procedure, prepared the technical documentation, affixed the CE marking, attached the required documents, marked the goods and gave its name and address (Art. 9(2)).
  • If you consider that goods do not meet the accessibility requirements, do not place them on the market until they do, and inform the manufacturer and the Consumer Rights Protection Centre (Art. 9(3)).
  • Show your name or trademark and one address with contact details on the goods, and supply instructions and safety information in the state language (Art. 9(4) and (5)).
  • While the goods are under your responsibility, make sure storage and transport conditions do not affect their conformity (Art. 9(6)).
  • Keep a copy of the declaration of conformity for five years and give the Consumer Rights Protection Centre the technical documentation on request (Art. 9(7)).
  • If goods you placed on the market do not meet the requirements, take corrective action at once, inform the Consumer Rights Protection Centre, and keep a register of non-conforming goods and complaints (Art. 9(8)).
  • On a reasoned request, give the Consumer Rights Protection Centre the information and documentation it needs, in the state language, and cooperate in remedying non-conformity (Art. 9(9) and (10)).
  • If you apply the fundamental alteration or disproportionate burden provision of Article 13 to goods you import, make and document your own assessment and inform the Consumer Rights Protection Centre in writing (Art. 13(1), (3) and (6)).

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 9(1) of the Law requires an importer to place on the market only goods that meet the accessibility requirements. Article 9(1) of the Directive requires importers to place only compliant products on the market.

Article 9(2) requires the importer, before placing goods on the market, to check that the manufacturer has carried out the conformity assessment procedure, prepared the technical documentation, affixed the CE marking and attached the required documents, and has met the marking and contact duties in Article 6(5) and (6).

Article 9(3) forbids an importer that considers its goods do not meet the accessibility requirements to place them on the market until they do, and requires it to inform the manufacturer and the market surveillance authority. Article 9(4) requires the importer to show its name or registered trademark, one address and contact details on the goods. Article 9(5) requires the importer to ensure that the goods are supplied with instructions for use and safety information in the state language.

Article 9(7) requires the importer to keep a copy of the declaration of conformity for five years and to make the technical documentation available on the authority's request. Article 9(8) requires an importer that considers goods it placed on the market do not meet the Law to take corrective action at once, to inform the authority where the accessibility requirements are not met, and to keep a register of non-conforming goods and complaints.

Article 9(9) requires the importer to give the authority, on a reasoned request, the information and documentation it needs in the state language. Article 9(10) requires the importer to cooperate with the authority, on its request, to remedy non-conformity. Article 13(1) limits the duty of each economic operator to the extent that compliance does not cause a significant change that alters the basic nature of the product or a disproportionate burden.

Article 13(6) requires an economic operator that applies that provision, other than the operator referred to in Article 13(4), to inform in writing the market surveillance authority or competent authority of the Member State where it places the goods on the market or provides the service. Article 16(1) requires the declaration of conformity to state which accessibility requirements the fundamental alteration or disproportionate burden provision is applied to.

Article 11 requires an importer to identify, on request, the economic operators from which it received the goods and to which it supplied them. Article 6(11) treats an importer 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 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 5 defines the importer as a private person established in the European Union that places goods from a third country on the European Union market.

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 9(6) requires the importer to ensure that, while goods are under its responsibility, storage and transport conditions do not affect their conformity.

Article 7(2) requires the technical documentation the importer checks under Article 9(2) to show, where the manufacturer applied the Article 13 provision, that meeting the requirement would cause a fundamental alteration or disproportionate burden. Article 9.3(4) of the Law on Conformity Assessment makes the manufacturer or importer reimburse the costs of a test purchase, expert examination and transport where goods are found not to conform.

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