Restrictions, criteria and pre-conditions for the operation of temporary service providers of another EU Member State in Latvia.
According to EU law, service providers - companies and self-employed persons of another EU Member State (e.g. in the fields of regulated professions or tourist guide services) have the right to provide services on a temporary basis without registering a company or branch in Latvia. Whether a planned business activity can be considered as "temporary" depends on the nature and duration of this activity, however, in some cases (see table), such services must be notified to the responsible authority before real service activity is started in Latvia.
Temporary provision of services in another EU Member State may be useful when a company or service provider wants to provide services only temporarily to a specific customer in a relevant market or wishes to conduct market research in that country before opening a branch or company.
In Latvia, specific regulations regarding providing temporary services have been adopted in four service sectors – tour guide services in Riga and Daugavpils, in regulated professions, in the handling of food and in the beauty sector.
|Responsible authority (contact information)
|Tour guide services in Riga
If it is planned to provide tour guide services temporary in Riga, then no later than the temporary service is started a completed Notice of providing temporary tour guide Services in Riga must be submitted to the Riga Tourism Development Bureau (preferably by e-mail or in the Riga Tourism Portal)
Riga City Council Binding Regulation No.91 of 17 December, 2013 On Tour Guide Services in the City of Riga
|Riga Tourism Development Bureau
Phone: +371 67181099
Riga Tourism portal: www.liveriga.com
|Tour guide services in Daugavpils
If it is planned to provide temporary tour guide services in Daugavpils, then not later than until the moment when the temporary service is provided, the Daugavpils Tourism Information Center must be notified about the intention, preferably by e-mail or by phone
Daugavpils City Council Binding Regulation No. 9 of 17 March 2022 On tour guide services in the City of Daugavpils
|Daugavpils Tourism Information Center
Phone: +371 65422818, +371 26444810
|Handling of food
If it is planned to start providing temporary services in the handling of the food sector in Latvia, then not later than 1 (one) working day before the start of the temporary service, Notification Regarding Provision of Temporary Service in the Handling of Food in the Territory of the Republic of Latvia must be submitted to the Food and Veterinary Service (Annex 2 of the Regulations No.104)
Regulation of the Cabinet of Ministers No. 104 of 2 September 2010 Procedures for Recognition and Registration of Food Companies
|Food and Veterinary Service
Description of procedure in government portal: Recognition and registration of the food company
|Professional activity in the professional qualification sector
If a European Union citizen pursuing a regular professional activity in another EU country wishes to provide temporary services in a regulated profession in Latvia, the procedure for recognition of professional qualifications does not have to be followed, but a person must submit a Declaration on the Provision of Temporary Professional Services (Annex 2 of the Regulation No.47) to the body issuing the certificate of recognition of professional qualifications.
The regulated professions, specialities and sub-specialities, in which the provider of temporary professional services may be asked to undergo a proficiency check before the provision of the temporary services for the first time. A list of professions is also available in the regulated professions database.
It is possible to apply for a temporary service in a nurse, pharmacist or physiotherapist profession using the European Professional Card.
Regulation of the Cabinet of Ministers No. 47 of January 21, 2021 Procedures for the Provision of Temporary Professional Services in a Profession Regulated in the Republic of Latvia
|Academic Information Center
Phone: +371 67225155
E-mail: firstname.lastname@example.org, email@example.com
|Beauty and tattoo services
If it is planned to start beauty and tattoo services on a temporary basis in Latvia, then Notification on the commencement of economic activity (Annex of the Regulations No.693) must be submitted to the Health Inspectorate
Regulation of the Cabinet of Ministers No. 693 of 8 December 2015 Procedures by which the Beauty Treatment and Tattooing Service Providers shall Inform about the Commencement of the Economic Activity
Phone: +371 67081600
E-service: Application to Health Inspection
Description of procedure in government portal: Consideration of announcements by beauty service providers regarding the commencement of commercial activity
Freedom to Provide Services Law (Article 15) determines the criteria that the responsible authorities must take into account when deciding on the temporary economic activity of the service provider of another Member State in the territory of Latvia:
- the temporary nature of the service provider's activities (duration, frequency, periodicity and continuity of the service);
- regular residence of the service provider in Latvia and customer engagement;
- the service provider in the territory of Latvia has established a legal address or unit for the regular provision of the service;
- the nature of the case for the provision of the service, which indicates that the provision of the service is non-recurring and at a significant interval;
- the temporary nature of the provision of the service, which may be assessed differently for each particular short-term service provider.
A service provider of another EU Member State providing a temporary service in Latvia may not be subject to a restriction unless it is justified by compliance with the requirements of public order and safety, human life and health or environmental protection and is proportionate.
Accordingly, a service provider of another EU Member State providing a temporary service in Latvia may not be limited to:
- obliging him to register as a performer of economic activity;
- obliging him to obtain an authorisation;
- prohibiting him from establishing the infrastructure of a specific type or form necessary for the provision of a specific short-term service;
- obliging him to establish contractual obligations with the recipient which impede or restrict the right to provide a short-term service freely;
- obliging him to obtain a professional competence or service quality document for the provision of a specific short-term service in the responsible authority;
- defining to him the requirements relating to the use of industrial goods in the supply of a service which may affect the offering or availability of the service on the market, as well as the composition or characteristics of the service, except where these requirements arise from the safety and health requirements at work.
However, it should be noted that there are exceptions in certain areas of services (such as lawyer, sworn notary, debt recovery services, statutory audit services for annual accounts, waste transport services, public services, etc.) and the provision of short-term services in these areas is limited.
Also, temporarily providing services in Latvia a company or self-employed person of another EU Member State must comply with the general requirements of Latvia, incl. payment of taxes, employment, environmental safety, etc., equally as a service provider registered in Latvia.
Latvian companies and service providers also have the right to provide temporary services in other EU Member States. More detailed information can be found at the Common Service Contact Points of other EU Member States.