Free Provision Of Services Law

Original Language Title: Brīvas pakalpojumu sniegšanas likums

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Read the untranslated law here: https://www.vestnesis.lv/ta/id/208269

The Saeima has adopted and the President promulgated the following laws: law on freedom to provide services in the chapter I General provisions article 1. The terms used in the law, the law is applied in the following terms: 1) the responsible authority, direct or direct administrative authority issuing the operating licence of the operator of a particular service, or a person authorised by the authority carrying out the regulatory tasks under external legislation or to a delegation agreement;
2) authorization-responsible authority issued the document (such as a license, a special permit, certificate of registration, certificate, agreement), which certifies the compliance of the economic operator of a specific service or services of the regulatory requirements and the laws and allow the recipient the right to provide certain services;
3 authorisation procedures), the services of the laws governing a particular set of actions, which the economic operator in order to get the permission of the authority responsible for a particular service, continuance or renewal;
4) other member service provider-the service provider is registered as a business activity under the reviewer of another Member State of the European Union or the European economic area country legislation;
5) Member State: a Member State of the European Union or the European economic area in which the service provider in accordance with its regulatory requirements become entitled to carry out an economic activity in a specific service area;
6) the internal market information system — European Commission managed information exchange system, which is implemented by the Member States of the European Union and the European economic area, the authorities responsible for administrative cooperation between the European Union's internal market of the European Community governing the implementation or application (hereinafter referred to as IMI);
7) in the Republic of Latvia, the service provider is established in the Republic of Latvia registered trader or another registered person entitled to carry out economic activities in the area of services;
8) services — legal person or a partnership that their economic activities receive service with this economic activities or the related purpose, as well as the natural person who saņempakalpojum it for use or for final consumption;
9) service — a person's economic activities, whether or not for consideration fulfilled the order recipient. The service is not considered to be manufacturing, as well as the order that the person who, being a worker's labour relations with the employer or to fill a post which gives entitlement to reimbursement;
10) public interest: public health and morality, public order and safety, human life and health, animal and plant health, social policy and cultural policy objectives, national heritage and contemporary artistic wealth protection, industrial and commercial property protection, environmental protection, fiscal monitoring, social protection systems, strengthen the financial equilibrium of the commercial transactions, the protection against fraudulent transactions, consumer and worker protection, other statutory considerations as well as protection, which provides the service of the Republic of Latvia laws adequate level of safety;
11) operating limits: a regulatory act or laid down in the authorisation, the obligation of the service provider. Restrictions on economic activities are not considered as private law contracts or collective agreement provisions, and none of these entities does not constitute a direct or immediate regulatory authority authorized person performing administrative tasks under external legislation or to a delegation agreement.
2. article. The purpose of the law and action (1) the purpose of this law are: 1) the promotion of free movement of services and to ensure the freedom to pursue an economic activity in the area of services in a Member State;
2) determine the organizational and legal bases for the provision of the service and to the service provider and the service recipient can implement and protect their legitimate rights in the European Union's internal market.
(2) this Act does not apply to: 1) in the area of public services, which the State does not regulate how commercial business;
2) the operators ' dominant position abuse prevention and support provided to business control, as well as in the area of public procurement;
3) national policy measures implemented in the national language, culture and media (if the aim is to guarantee linguistic and cultural diversity and development, as well as protect the media coverage);
4) in the area of criminal law;
5) in the field of employment, including labour relations, occupational safety and health, as well as to the skills-oriented vocational training;
6) State social insurance;
7) tax policy and administration;
8) international private law, including consumer protection in the field of private international law;
9), arms, munitions, explosives, explosive guards, special features, and 1, 2, 3, or 4. class of pyrotechnic articles, the individual components of these items and accessories chain [production (manufacture), export, import and transit].
(3) this Act does not apply to the following services: 1) financial services;
2) electronic communications services (electronic communications networks and associated facilities);
3) transport services (e.g. passenger, freight and luggage carriage by air, sea and river transport, road and rail transport, as well as port services);
4) temporary work services;
5) health care services, as well as the regulated pharmaceutical services;
6) services that provide for reception by the public audiovisual media, regardless of the type of transmission, including a movie theatre services;
7) gambling and Lotteries for the Organization;
8) services related to public administration, as well as government officials equated personal services;
9) social work, social care, social rehabilitation, vocational rehabilitation services (social services) and social assistance;
10) security services and internal security services;
11), with the exception of the consulting detective security matters;
12) services relating to the judicial function, as well as the judicial system of persons belonging to the service.
3. article. Economic regulatory legal basis and the relation to other instruments (1) operating the regulatory legal basis in the field of services is this law, commercial law, consumer protection law, the law of electronic documents and other specific service or services of the regulatory legislation, as well as binding on the Republic of Latvia, international agreements and the legislation of the European Union.
(2) this Act regulates the economic activity in the field of services insofar as this does not conflict with other laws covered by special rules. If the Republic of Latvia of the binding rules of international law provides other rules than those contained in this Act, the rules of international law.
(3) if the provisions of this law in breach of European Union law concerning the service provider, the recipient of the service or the service izvirzāmaj requirements, the provisions of this law shall not apply.
Chapter II freedom to pursue an economic activity in the area of services and the free movement of services article 4. The right to carry out economic activities in the area of services of another Member State, the service provider, which plans to carry out economic activities in the Republic of Latvia shall be entitled, at the launch of its operation according to the same specific service or services of the regulatory laws, under which are established and operating in the Republic of Latvia, the service provider is established. Any other Member of the service provider that acquired in the Republic of Latvia registered service provider status, have the same rights and obligations as established in the Republic of Latvia to the service provider.
5. article. Free movement of services a provider in another Member State which complies with your country's specific service or services of the regulatory requirements of the law, subject to the requirements of chapter IV of the law, is entitled to freely, without authorization to provide short-term services in the Republic of Latvia.
6. article. Restrictions on the provision of the General provisions (1) the restrictions on the provision of the service can determine if it is justified by the public interest, non-discriminatory and proportionate.

(2) the provision of the service or application restrictions must be non-discriminatory as regards the Republic of Latvia registered service provider or a service provider in another Member State or of the beneficiary of the service. About discriminatory are regarded as such restrictions are justified by the service provider or the recipient's nationality or place of residence (citizenship), as well as more favorable requirements or conditions of the Republic of Latvia the designation registered to the service provider or the recipient of the service.
(3) limitation of the provision of the service is reasonable, if the benefit which society as a result obtained is higher than the service provider's right or legal interest.
(4) the provision of a service may be limited, even if fulfilled one of the following conditions: 1) is not in conflict with European Union legislation;
2) guarantees the safety of the service level, which is higher than in the other 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.
(5) restriction of the provision of the service would be in accordance with foreign legislation.
7. article. Deliverable document originals and derivatives, the responsible authority is not entitled to request another Member State responsible authority issued the document notarized original or its derivatives (such as transcripts, duplicate statement), or a notarized translation, unless such a claim is not provided for in the Act or regulations is justified by the public interest.
8. article. Service provider's liability insurance (1) to protect the legitimate interest of the recipient, the regulatory act may include requirements on the service provider's professional civil liability compulsory insurance in respect of the acts or omissions of services during the performance of the recipient or a third party's life and health, as well as the injury to the recipient or third party damage caused to property and to provide professional indemnity insurance arrangements and limits of liability of the insurer.
(2) if the service provider certifies that the professional civil liability is insured in another Member State, and this insurance or equivalent professional liability insurance in the Republic of Latvia shall be considered as a specific service or services of the laws governing the naming of the professional liability insurance or an equivalent guarantee for professional liability, the following statement is equivalent to professional indemnity insurance.
9. article. Service type selection (1) a Person providing a service has the right to freely choose the form of the provision of the service. A person may choose whether to provide a particular service or multiple services at the same time, as well as choose whether to provide services in one or more service areas.
(2) in the first subparagraph of this article, the specific provision of the kind of selection can be limited in relation to: 1) natural persons who want to start or operate in regulated professions in those independently as agents of economic activity. This limitation can be applied, if necessary, to take account of specific regulated profession to certain basic principles of professional ethics and general rules of conduct and to ensure that the service provided is biased and does not depend on the quality of service;
2) certification and inspection bodies, testing and calibration laboratories, accreditation bodies and technical supervision agencies, if necessary, to ensure that these institutions are the result of the service provided is biased and does not depend on the quality of service.
10. article. The rights of the recipient 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 amount of the aid is dependent on the service provider's status in the Republic of Latvia or the place where the service is provided.
Chapter III economic activity services article 11. The provision of the service as economic activities (1) in this chapter govern economic activities in the area of services, as well as restrictions on the supply of a service in the Republic of Latvia to apply a registered service provider.
(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.
12. article. Prohibition to restrict economic activities (1) in the Republic of Latvia registered the economic activity of the service provider must not be limited to: 1) prohibiting him to pursue economic activity simultaneously in several Member States, as well as be recorded simultaneously in several Member States ' registers or other accounting systems (registers);
2) restricting his freedom to choose the form of economic activity or types;
3) imposing on him the obligation to provide or receive a financial guarantee from the Republic of Latvia registered service provider or service provider in another Member State or to conclude the insurance contract with the Republic of Latvia established a particular service provider or a service provider in another Member State;
4) imposing an obligation on him to be a limited time registered in specific accounting systems (registers);
5) requesting that he as a service provider in the Republic of Latvia for the minimum set of operational experience in the provision of the service or services;
6) requesting that he submit to economic feasibility or effectiveness evaluation (such as the operating cost of the objectives or the validity, the assessment of the financial sustainability);
7) requiring, in respect of his service in the planning, design, preparation or the persons involved in the supply, as well as participant (shareholder), the service provider, the Council or the Board of management member of the citizenship (nationality).
(2) the examination of the application for authorisation in the Republic of Latvia registered to the service provider, the responsible authority in the adoption of the decision not to engage the service provider's actual or potential competitors.
(3) the regulating authorisation procedure, the Republic of Latvia for the service provider established in another Member State enjoy the same freedom to pursue an economic activity in the services sector, which has provided the service provider in the Republic of Latvia.
13. article. Permit area and period (1) the permit area is the entire territory of the Republic of Latvia. The permit area may be limited, if the restriction is justified by the public interest.
(2) permission, except in the third paragraph of this article, those cases shall be issued for an unlimited duration.
(3) a permit may be issued for a specified period, if: 1) decision on the extension of the term of validity of the licence the competent authority shall adopt, on the basis of the service provider's application for extension of the term of validity of the licence and once the service provider compliance check, the specific service or services of the regulatory legislation. Responsible authority decision on the extension of the authorisation (authorisation of new) the service provider will be notified before the expiry date of the authorisation;
2) permits a limited number of available natural resources or technical capacity due to low;
3) it is justified by the public interest.
(4) If a permit is issued for a certain period of time the third paragraph of this article, 2 or 3 in the case referred to in paragraph, the competent authority of its term is not extended, but shall issue a new licence pursuant to this law, the first paragraph of article 14.
14. article. The authorization procedure and conditions (1) the issue of the permit conditions be reworded to clearly and unambiguously, justified, fair, equal and transparent.
(2) the order in which permission to be served a specific economic activity, determined by the Cabinet of Ministers.
(3) the initiation of business continuance or renewal, the renewal of an authorisation, or the renewal costs do not exceed the costs incurred in connection with a particular service or services of the laws governing the issue of the order.
(4) the responsible authority which issued the authorisation may be withdrawn or suspend its operation, if the service provider: 1) is regulations within the time provided for in the authorisation to commence proceedings to challenge the economic activities;

2) are not regulations within the time provided for in the authorization removed by economic activity;
3) does not meet the conditions laid down in the authorisation.
(5) if the service provider in another Member State has received authorization for the provision of a particular service and that State law requirements for authorization are equivalent to the Republic of Latvia, the specific service or services of the regulatory requirements of the law, he this service in the Republic of Latvia may operate independently, without the permission of the responsible authority.
Chapter IV temporary service article 15. Temporary provision of services (1) in this section the regulated temporary service provision, as well as a temporary service restrictions apply in another Member State, the service provider.
(2) a temporary service shall be deemed a service that meets the criteria of the service temporarily and provided the service provider in another Member State, the Republic of Latvia does not carry out an economic activity, but meets the requirements for entering the temporary provision of services in the Republic of Latvia.
(3) temporary service criteria, requirements to be observed when taking temporary service provision, 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.
16. article. The ban restrict the provision of short-term and temporary service specific conditions (1) other member service provider, providing temporary services in the Republic of Latvia may not apply restrictions, except those based on public order and security, human health and life or environmental protection requirements, as well as the case where a particular service is not guaranteed in the laws of the Republic of Latvia to the required safety levels.
(2) a service provider of another Member State, which provides a temporary service, may not be limited to: 1) on him for failure to register as a reviewer of economic activity;
2) imposing the obligation to receive him;
3) prohibiting him to create specific temporary provision of the required service types or forms of infrastructure;
4) imposes an obligation on him to establish with the recipient of the service, the contractual obligations which prevent or restrict the right of freedom to provide temporary service;
5) imposing an obligation given him temporary service receive authority responsible professional competence or service quality certificate;
6) defining him the requirements for manufactured goods for use in the provision of the service, which may affect the availability of the service offering or market, as well as the composition or the characteristics of the services, except where this requirement derives from the occupational safety and health protection requirements.
(3) the second paragraph of this article does not apply, the conditions regulating: 1) procedures in the Republic of Latvia shall be appointed and maintained by the citizens of the Union and their family members, as well as third country nationals;
2) regulations as feasibility contracts for the transfer of personal data to countries which do not ensure in the Republic of Latvia, the existing level of protection according to the level of data protection;
3) order in which the documents are issued for the recognition of professional competence required for the provision of services of a lawyer;
4) debt recovery in court;
5) procedures are provided professional services temporarily in the Republic of Latvia in the regulated professions;
6) the order in which records the State social insurance compulsory for payment according to the Council of 14 June 1971, of Regulation (EEC) No 1408/71 on the application of social security schemes to workers and their families moving within the community;
7) order in which Union citizens and their family members acquire a right to reside in the Republic of Latvia, and their conditions of stay;
8) procedures for processing the waste enters the Republic of Latvia, as well as the export and transit of wastes according to the Council of 1 February 1993, Regulation (EEC) No 259/93 on the supervision and control of shipments of waste within, into and out of the European Community;
9) the legal protection of topographies of semiconductor products of copyright and related rights;
10) the legal protection of databases of copyright and related rights;
11) procedures for sworn notaries perform their statutory duties;
12) statutory audits of annual accounts and consolidated accounts;
13) order in which registered road vehicles purchased in another Member State through leasing;
14) the performance of such obligations in the field of private international law, arising from non-contractual relations.
(4) a temporary service may not provide a public service, which the country is governed by the relevant laws and regulations.
Chapter v the single public service portal and its supercargo, article 17. The single State and local government services portal in the single public service portal (hereinafter referred to as the unified Services Portal) available information on the responsible authorities and their competencies, as well as on actions to be taken to get the permission of the relevant responsible authorities. Joint services Portal Web site address is https://www.latvija.lv.
18. article. Single service portal administrator (1) joint services Portal is organized and run by an authorized State body (hereinafter referred to as the joint service portal administrator) that supports the maintenance and development of this portal.
(2) joint services Portal administrator: 1) in cooperation with the responsible authorities, organise joint service portal in accordance with the principle of good governance;
2) provides the Government and local government bodies for cooperation in developing electronic services;
3) provides a single portal for the operation of the service dedicated publicity and information measures.
19. article. Single service portal (1) single service information contained in the portal is available free of charge.
(2) procedures for the exchange of information between the single service portal webmaster and responsible authorities, as well as the order in which the updates in a single service, the information contained in the portal is determined by the Cabinet of Ministers.
20. article. The single service portal, the use of the information contained in the single service portal administrator to ensure that the information contained in the site is reliable and the information on the user can trust.
Administrative cooperation Chapter vi and article 21 of the IMI. Administrative cooperation for the implementation of the objectives of this law, the Republic of Latvia to the responsible authorities and market surveillance authorities under this law, article 22 of the procedures referred to in the second subparagraph shall cooperate and consult with the other Member States ' competent authorities and market surveillance authorities, service providers and the services they provide for the control and surveillance issues.
22. article. IMI (1) administrative cooperation implemented by the IMI system.
(2) the cabinet shall determine the order in which the IMI system for an exchange of information between the Latvian authorities and market surveillance authorities, and other responsible authorities in the Member States and to the market surveillance authorities, as well as the exchange of information accountability and the exchange of information.
Informative reference to European Union directive included provisions in the law arising from the European Parliament and of the Council of 12 December 2006 of Directive 2006/123/EC on services in the internal market.
The Parliament adopted the law of 31 March 2010.
President Valdis Zatlers in Riga V 2010 April 20.