European Accessibly Act obligations for businesses
Part 4 of Statutory Instrument No. 636 of 2023, which transposed the European Accessibility Act into Irish law, sets out the obligations of economic operators (manufacturers, importers, authorised representatives, distributors, service providers) when dealing with products.
All economic operators
All economic operators are required by law to co-operate with the market surveillance authority.
Manufacturer obligations
Manufacturers’ obligations are set out in Part 4, Regulation 8 of S.I. 636/2023.
Before putting a product on the market, your obligations include, but are not limited to:
- ensuring that a product complies with the applicable accessibility requirements, i.e. the product complies with EU harmonised standards and technical specifications or, if not, complies with the accessibility requirements
- carrying out a conformity assessment of the product to ensure that the manufacturing process and production monitoring remain in compliance with relevant technical documentation and with accessibility requirements
- once compliance has been demonstrated, affixing the CE mark and drawing up the EU declaration of conformity
- ensuring that the product can be identified by consumers in an easily visible and legible way
- including manufacturer details on the product, including contact details, alongside clear instructions and safety information in a language consumers can easily understand.
Once a product is on the market, you must:
- keep the technical documentation and the EU declaration of conformity for 5 years after the product has been placed on the market
- ensure all essential information and documentation to demonstrate conformity with the relevant accessibility requirements is available in a language that can be easily understood by and provided to the relevant market surveillance authority upon request.
If you believe a product does not comply with EAA requirements, you must immediately:
- take the necessary corrective measures to bring the product into conformity, or, if appropriate, withdraw the product, and
- inform the relevant market surveillance authorities of the non-compliance and any corrective measures taken.
Importer obligations
Importers’ obligations can be found in Part 4, Regulation 10 of S.I. 636/2023.
Before putting a product on the market, your obligations include, but are not limited to:
- ensuring the manufacturer has complied with its obligations to draw up technical documentation and carry out the conformity assessment
- ensuring the product has a CE mark accompanied by all relevant documentation and meets all traceability requirements
- keeping a copy of the EU declaration of conformity for a period of 5 years
- making sure the importer information and contact details accompany the product.
Once a product is on the market, you must:
- keep a copy of the EU declaration of conformity for a period of 5 years
- ensure that the technical documentation can be made available to the relevant market surveillance authority
- keep a register of products that do not comply with the accessibility requirements and any related complaints
- cooperate with the relevant market surveillance authority.
Importers should not place a product on the market if they believe it does not comply with the relevant accessibility requirements. You must immediately:
- inform the relevant market surveillance authority of any non-compliance
- take corrective actions to bring the product into compliance or, if appropriate, withdraw the product.
Distributor obligations
Distributors’ obligations are set out in Part 4, Regulation 11, of S.I. 636/2023.
Before putting a product on the market, your obligations include, but are not limited to:
- verifying that the product has a CE mark
- verifying that the product is accompanied by all relevant documentation, including clear instructions and safety information in a language consumers can easily understand
- verifying that the manufacturer and importer contact details are present on the product, its packaging or a document accompanying the product, and that the manufacturer has complied with traceability requirements
- not placing a product on the market if you believe it does not comply with the relevant accessibility requirements
- not jeopardising the compliance of a product with accessibility requirements during distribution.
If you believe a product on the market does not comply with accessibility requirements, you must immediately:
- inform the relevant market surveillance authority of any non-compliance
- take immediate corrective actions to bring the product into compliance or, if appropriate, withdraw the product.
Service provider obligations
Obligations of service providers can be found in Part 5, Regulation 14, of S.I. 636/2023.
Before providing a service, you must:
- prepare the necessary information to explain how the service meets applicable accessibility requirements, including but not limited to:
- the design and operation of the service
- a general description of the service and any necessary explanations about how it operates
- a description of how the service meets accessibility requirements
- information about maintaining compliance.
- make the necessary information available to the public in written and spoken formats and fully accessible.
- keep the information for as long as the service is operating.
Once the service is provided, you must:
- put procedures in place to ensure the service remains in conformity with the applicable accessibility requirements in case of any changes, for example new service features, changes in applicable accessibility requirements or technical standards
- provide the relevant compliance authority with all information necessary to demonstrate that the service conforms with accessibility requirements
- co-operate with the relevant compliance authority.
If you believe a service does not conform with the requirements under the EAA, you must:
- take the necessary corrective measures to bring the service back into compliance
- immediately inform the relevant compliance authority of the non-compliance and the corrective measures you have taken.
