Amended Law On Freedom To Provide Services In

Original Language Title: Grozījumi Brīvas pakalpojumu sniegšanas likumā

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Read the untranslated law here: https://www.vestnesis.lv/ta/id/246219


The Saeima has adopted and the President promulgated the following laws: law on freedom to provide services in the law of freedom to provide services (Latvian journal, 2010 62 no) the following amendments: 1. Express article 1 (4) and (5) as follows: "4) other member service provider-the service provider is subject to systematic and independent economic or professional activity in the field of services, in accordance with the other Member States of the European Union or European economic area national legislation; 5) Member State: a Member State of the European Union or the European economic area countries; ". 2. in article 2: express the second part of paragraph 1 by the following: "1) services of general interest (public) services, the provision of services not related to economic and commercial considerations;"; to make the second part of paragraph 5 by the following: "(5)) in the field of employment (labour relations, occupational safety and health regulation);"; Add to the second part of paragraph 10 by the following: ' 10) strategic movement [production (manufacture), export, import and transit]. "; make the third subparagraph of paragraph 2 and 3 as follows: "2) electronic communications services, electronic communications networks and associated facilities, as far as the regulation of the electronic communications law; 3) transport services, including port services, covered by the Treaty on the functioning of the European Union section VI "; make the third subparagraph of paragraph 9 and 10 by the following: "9) direct or in direct regulatory authority or the authority authorised the social work, social care, social rehabilitation and vocational rehabilitation services; 10) private security services; "; turn off the third part of paragraph 11. 3. in article 6: make the third paragraph as follows: "(3) the provision of the service limit is proportionate, if: 1) it is aimed at the protection of the public interest; 2) benefit which society as a result obtained is higher than the service provider's right or property interest restriction; 3) public interest cannot be protected by less restrictive means. "; turn off the fourth. 4. Article 7 shall be expressed by the following: ' article 7. Documents to be submitted (1) regulatory requirement in the Act for authorization be deemed to be met if the responsible authority shall submit to the other competent authorities of the Member State issuing the document, which is equivalent or comparable to the Republic of Latvia issued formal requirement document. (2) a responsible authority shall not be entitled to request another Member State responsible authority issued the document original or notarized it derivatives (for example, extract a copy) or notarized translation, unless such a claim is not provided for in the Act, regulations, which implement European Union legislation or comply with the requirements of European Union law, or such a requirement is justified by the public interest. The responsible authority may in any case require documents in foreign languages are added to the corresponding national language translations without notarial attestation of translation. " 5. To supplement the law with article 8.1 as follows: "article 8.1. Service provider advertising (1) a service provider who provides service in the Republic of Latvia, including the regulated professional service in the field, has the right to freely, without restrictions to provide information to the public (to spread the ad) for their actions. (2) the service provider must provide their own information (ads) in compliance with the law and other ad specific service or services of the regulatory legislation. " 6. Turn off the 9 of the second paragraph of article 1 and paragraph 2, the words "and does not depend on the quality of service". 7. To supplement the law with article 9.1 of the following: ' article 9.1. Obligation to provide information (1) the service provider, fulfilling the obligation to provide information, constantly available to demonstrate and implies: 1) your name or company name and registration number (if applicable) and address or residential address declared; 2) your contact information, allowing you to quickly communicate directly, including postal address, telephone number and electronic mail address; 3) if the operation requires permission, information on the responsible authority which issued the permit; 4) if the provision of the services subject to value added tax, your registration number for the State revenue service with value added tax register of taxable persons; 5) regulated professional activity: information about the professional organization that issued the professional qualifications, qualifications of the profession or the corresponding name and the State in which it is given, as well as a reference to the country of registration applicable professional rules and the manner in which they are available; 6) service provision general provisions and clauses; 7) clauses, which determines a question of law by the service provider and the service recipient's relationship, as well as to which court will hear disputes arising between a provider and a recipient;
8) provider service give guarantees; 9) given the price, information on whether the price includes taxes payable and goods delivery costs; 10) service features and characteristics; 11) if the procedure requires professional indemnity insurance or equivalent professional liability insurance — insurer's contact information, allowing you to quickly communicate directly, including electronic mail address, as well as information on the area in which it is in force the insurance contract is concluded or equivalent professional liability warranty. (2) at the request of a recipient of the service provider shall provide the following information: 1) the price of the service or a detailed outline of what constitutes service price; 2) laws that followed, providing services in the field of professional activity regulated. At the request of a recipient of the service informs you which you may become familiar with relevant laws and regulations; 3) the service provider's activities in other areas and partnership related to the service provided, as well as the measures taken to avoid conflicts of interest; 4) code of good practice, which refers to the service provided, and the terms of which followed, as well as where you can electronically to consult the code of good practice and in what languages; 5) how to access detailed information about out-of-court dispute settlement rules and procedures if the service provider is subject to the code of good practice is linked with the appropriate out-of-court body. " 8. Express article 10 by the following: ' article 10. The rights of the recipient

(1) the recipient's eligible service must not be limited to: 1) imposing the obligation to obtain permission for a particular service or use; 2) the prohibition or the limit on the receipt of financial assistance, if such right or the aid amount depends on the status of the recipient in the Republic of Latvia or the place where the service is provided. (2) the recipient is entitled to receive a service that is not discriminatory according to nationality (citizenship) or residence, except when the following conditions are clear and clearly defined, justified, fair and open. " 9. Express article 11, the second subparagraph by the following: "(2) other member service provider business operations services in the Republic of Latvia may take, if it is acquired in the Republic of Latvia registered service provider status with the exception referred to in chapter IV of the law." 10. Express article 12 the third paragraph as follows: "(3) regulating the granting of authorisation procedures, service provider in another Member State the freedom to pursue an economic activity in the services sector may not be limited by setting the service provider discriminatory requirements due to the fact that the other Member State concerned of the Republic of Latvia to the service provider's right to carry out economic activities in the area of services is more limited." 11. Article 13: to express the third subparagraph of paragraph 1 by the following: "1) the responsible authority shall extend the term of validity of the licences by service provider compliance tests of certain services or services in the laws governing the procedures specified;"; to supplement the article with a fifth by the following: "(5) where a permit is issued for a certain period of time the third part of this article referred to in paragraph 1, the competent authority of the decision on the extension of the authorization or the authorization of new reported issued before the deadline." 12. in article 14: to complement the article 4.1 part as follows: "(41) fourth subparagraph of this article, paragraph 2 of the Convention does not apply if, pursuant to a certified service provider, authorization was issued in electronic form."; to supplement the article with the sixth part as follows: "(6) The authorisation of the competent authority is entitled to apply the default, if the application is not contrary to the public interest and a specific service or services the regulatory normative act. It is considered that permission is granted by default, if the time limit specified in the Act, regulations of the responsible authority does not accept and does not communicate its decision on the authorisation or refusal to grant it. " 13. Express article 15 the third paragraph as follows: "(3) a temporary service criteria, the Declaration for the temporary provision of services in the Republic of Latvia to be content, add documents, Declaration, examination, and restore order, the temporary provision of the service, as well as the order in which the competent authority of another Member State shall suspend the service provider's activities in the Republic of Latvia shall be determined by the Cabinet of Ministers." 14. in article 16: make the first paragraph by the following: "(1) a service provider of another Member State, providing temporary services in the Republic of Latvia, shall not apply limitation, except where this is justified by public order and safety, human life and health or the environment and is proportionate. '; to make the third part of the introductory paragraph as follows: "(3) the provisions of this article to provide the service temporarily not apply regulating:"; the third part of the present paragraph 3 by the following: "3) order in which registers of the other Member State Attorney's professional activities in the regulated professions and professional qualifications in the language of the Member State of the name;"; make the third subparagraph of paragraph 5 by the following: "5), arrangements are made for temporary professional activity regulated professions concerned with the profession in another Member State-specific educational and professional qualifications"; make the third paragraph of point 12, the following wording: "12") procedures approved and recorded in the annual report and the consolidated annual report of the statutory audit (inspection), as well as the operator recognises a profession in a Member State according to the educational and professional qualifications "; adding to the third paragraph of point 15 with the following: "15) public services, regulation by the State as a business." to make the fourth subparagraph by the following: "(4) in another Member State for a temporary service provider may restrict the decision of the responsible authority, if all the following conditions: 1) the limit is proportionate and relevant services in accordance with the legislation of the European Union do not have certain requirements for the safety of the service; 2) guarantees the safety of the service level, which is higher than the service provider's Member State of the relevant services or service areas in the laws governing the guaranteed service level of safety; 3) responsible authority has complied with the requirements of Chapter VI of the law of the administrative cooperation with the other competent authorities of the Member States; 4) the responsible authority can justify that other responsible authority of the Member State has not taken any measures or has taken insufficient or inappropriate measures with regard to chapter VI of this law in the provision of information or administrative cooperation. " 15. Supplement article 19 with the third subparagraph by the following: "(3) the authorities and bodies referred to in the single service portal website, provided by the service recipient to receive (including electronic means) a comprehensive and complete information on: 1) requirements applicable to the provider in another Member State or in the Republic of Latvia registered to the service provider, as well as on statutory rights or legal interests; 2) legal remedies in resolving disputes with sellers or service providers; 3) institutions that provide information and advise on the service provider or the recipient of the service or provide assistance in making laws and specific actions for the protection of consumer rights. " 16. To supplement the law with the following transitional provisions: "transitional cabinet until June 1, 2012 does this law article 15 the third paragraph of those provisions." The law adopted by the Parliament in March 15, 2012.
The President a. Smith in 2012 on April 4