BulgariaAccessibility Requirements for Products and Services Act, duties of importers and distributors and traceability of products
DV br. 31/2025 chl. 18 do 33 ot Zakon za iziskvaniyata za dostapnost na produkti i uslugi (Закон за изискванията за достъпност на продукти и услуги)
In force since .
An accessibility requirements rule binding public and private bodies.
What it requires
- If you are an importer, place on the market only products that comply with the Act (Art. 18; implements Directive (EU) 2019/882, Art. 9(1)).
- Before placing a product on the market, ensure that the manufacturer drew up the technical documentation under Annex 3 and carried out the conformity assessment, that the CE marking is affixed, that the manufacturer marked the product under Article 13, and that the product carries the necessary documents and instructions and safety information in Bulgarian (Art. 19).
- Put your name, registered trade name or trade mark and a postal address at which you can be contacted on the product, or on the packaging or an accompanying document where size or nature does not allow it (Art. 20).
- Do not place on the market a product you consider or have reason to consider non-conforming until it is brought into conformity, and tell the manufacturer and the market surveillance authorities (Art. 21).
- While you are responsible for a product, keep storage or transport conditions from endangering its conformity (Art. 22).
- Keep a copy of the EU declaration of conformity available to the market surveillance authorities for five years after the product is placed on the market, and ensure the technical documentation can be provided on request for the same period (Art. 23).
- If you consider or have reason to believe that a product you placed on the market does not conform, take at once the corrective action or withdraw it; where it fails Article 4, inform at once the market surveillance authorities and the competent authorities of the Member States concerned, with details; keep a register of non-conforming products and complaints (Art. 24).
- On a reasoned request of a market surveillance authority or a competent authority of another Member State, give all information and documentation needed to show conformity, in Bulgarian or a language the authority understands, and in Bulgarian within the time set for administrative or administrative penal proceedings, and cooperate on corrective action (Art. 25).
- If you are a distributor, act with due care in relation to the requirements of the Act, and before making a product available check that the CE marking is affixed, that the product carries the necessary documents and Bulgarian instructions and safety information, and that the manufacturer and importer have met Articles 13 and 20 (Arts. 26 and 27; Directive (EU) 2019/882, Art. 10).
- Do not make available a product you consider or have reason to consider non-conforming until it is brought into conformity, and inform the manufacturer or importer and the market surveillance authorities; keep storage or transport conditions from endangering conformity (Arts. 28 and 29).
- If you consider or have reason to believe that a product you made available does not conform, see that corrective action is taken or the product withdrawn, and where it fails Article 4 inform at once the market surveillance authorities and the competent authorities of the Member States concerned; on a reasoned request supply the information and documentation needed to show conformity and cooperate on corrective action (Arts. 30 and 31).
- If you place a product on the market under your own name or trade mark, or modify one already on the market so that conformity may be affected, you are treated as the manufacturer and carry the manufacturer's duties of Articles 11 to 16 (Art. 32; Directive (EU) 2019/882, Art. 11).
- Every economic operator keeps information on the operators that supplied it with a product and those it supplied, with the documents proving delivery, for five years after the date of delivery, and gives it to the market surveillance authorities on request (Art. 33; Directive (EU) 2019/882, Art. 12).
These lines are LexLint's reading of the law's text.
If you get it wrong
Penalty structure
Articles 73 and 74 punish a manufacturer or importer that places on the market a non-conforming, unassessed or undocumented product with a fine of BGN 1,000 to 5,000 (EUR 511.29 to 2,556.46) or a property sanction of BGN 5,000 to 25,000 (EUR 2,556.46 to 12,782.30); for a repeat breach a fine of BGN 2,000 to 10,000 (EUR 1,022.58 to 5,112.92) or a property sanction of BGN 10,000 to 50,000 (EUR 5,112.92 to 25,564.59) (Article 74(2): property sanction BGN 5,000 to 20,000 (EUR 2,556.46 to 10,225.84) on a first breach). Article 75 punishes any economic operator that makes available a product without the CE marking (BGN 150 to 1,000 (EUR 76.69 to 511.29) or BGN 500 to 4,000 (EUR 255.65 to 2,045.17); repeat, BGN 300 to 2,000 (EUR 153.39 to 1,022.58) or BGN 1,000 to 8,000 (EUR 511.29 to 4,090.34)) or with a CE marking affixed in breach of Article 10 (BGN 150 to 800 (EUR 76.69 to 409.03) or BGN 250 to 2,000 (EUR 127.82 to 1,022.58); repeat, BGN 300 to 1,600 (EUR 153.39 to 818.07) or BGN 500 to 4,000 (EUR 255.65 to 2,045.17)). Article 76(2) punishes an importer or distributor that supplies an EU declaration or other document whose content does not meet the Act, if the act is not a crime: BGN 250 to 1,000 (EUR 127.82 to 511.29) or BGN 1,000 to 5,000 (EUR 511.29 to 2,556.46); repeat, BGN 500 to 2,000 (EUR 255.65 to 1,022.58) or BGN 2,000 to 10,000 (EUR 1,022.58 to 5,112.92). Articles 77 to 79 punish any economic operator that makes available a product without an identifying element, without the manufacturer's or importer's name and address, or without Bulgarian instructions and safety information: BGN 200 to 1,000 (EUR 102.26 to 511.29) or BGN 750 to 2,500 (EUR 383.47 to 1,278.23); repeat, BGN 400 to 2,000 (EUR 204.52 to 1,022.58) or BGN 1,500 to 5,000 (EUR 766.94 to 2,556.46). Article 81 (an importer's documents not kept under Article 23): BGN 500 to 1,000 (EUR 255.65 to 511.29) or BGN 5,000 to 10,000 (EUR 2,556.46 to 5,112.92); repeat, BGN 1,000 to 2,000 (EUR 511.29 to 1,022.58) or BGN 10,000 to 20,000 (EUR 5,112.92 to 10,225.84). Article 85 (any other breach concerning products, a distributor's among them): BGN 200 to 1,000 (EUR 102.26 to 511.29) or BGN 1,000 to 5,000 (EUR 511.29 to 2,556.46); repeat, BGN 400 to 2,000 (EUR 204.52 to 1,022.58) or BGN 2,000 to 10,000 (EUR 1,022.58 to 5,112.92). A repeat breach is one committed within one year of the entry into force of the penal decree that punished the same kind of breach (paragraph 1(1) point 21 of the additional provisions). Paragraph 3 of the final provisions halves each amount for breaches committed up to . The Act states every amount in leva; since Article 11(2) of the Euro Introduction Act reads each as an amount in euro at the official exchange rate of 1.95583 leva to the euro, rounded to the cent (Articles 12 and 13 of that Act), and the euro figures in brackets are that conversion. The cap shown is the importer's repeat property sanction under Articles 73 and 74, BGN 50,000 in the text, converted; the highest ceiling that reaches a distributor is BGN 10,000 (EUR 5,112.92). The Chair of the State Agency for Metrological and Technical Supervision or officials he authorises issue the penal decrees (Article 90(2)).
- Rule
- Fixed only
- As of
- Currency
- EUR
- Fixed cap
- 25564.59
Who enforces it
Enforcement body
The Chair of the State Agency for Metrological and Technical Supervision (DAMTN), through the agency's market surveillance bodies, is the market surveillance authority for the products in Article 2(1) (Article 34(1))
What it reaches
Instrument type
an act of a legislature
Applicability criteria
- As of
- Combinator
- All of
- Criteria
- a product listed in Article 2(1): a consumer general purpose computer hardware system or its operating system, a payment terminal, an ATM, ticketing machine, check-in machine or interactive self-service information terminal, consumer terminal equipment with interactive computing capability used for electronic communications services or for access to audiovisual media services, or an e-reader ("Този закон се прилага за следните продукти")
What this law does
Article 18 allows an importer to place on the market only products that comply with the Act. Article 19 requires an importer, before placing a product on the market, to ensure that the manufacturer drew up the technical documentation and carried out the conformity assessment, that the CE marking is affixed and that the product carries the required documents. Article 20 requires an importer to put its name, registered trade name or trade mark and postal address on the product.
Article 21 bars an importer from placing on the market a product it considers or has reason to consider non-conforming until it is brought into conformity. Article 23 requires an importer to keep a copy of the EU declaration of conformity for five years after the product is placed on the market. Article 26 requires a distributor to act with due care in relation to the requirements of the Act.
Article 27 requires a distributor, before making a product available, to check the CE marking, the documents, the Bulgarian instructions and safety information, and that the manufacturer and importer have met their marking duties. Article 28 bars a distributor from making available a product it considers or has reason to consider non-conforming until it is brought into conformity.
Article 32 treats an importer or distributor that places a product on the market under its own name or trade mark, or modifies a product already on the market so that conformity may be affected, as the manufacturer. Article 33 requires every economic operator to keep, for five years after the date of delivery, information on the operators that supplied it with a product and those it supplied.
When LexLint raises it
When your app profile says your app distributes a software product.
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