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Law / Bulgaria

Accessibility Requirements for Products and Services Act, market surveillance of products, restrictive measures and fines

DV br. 31/2025 chl. 34 do 45, 73 do 85 i 90 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.

Instrument type
an act of a legislature

What it requires

  • If an authority inspects your product, give it free access to the places where products are sold, stored, put into service or shown, including distance-selling places and fairs, hand over on request the EU declaration of conformity, the technical documentation, the instructions and safety information in Bulgarian, the traceability information, the document proving a registered trade mark and the Article 3 assessment, and assist the authority in its duties (Art. 35(1) to (3); Directive (EU) 2019/882, Art. 19).
  • Provide the documents and information the authority asks for under Article 35(1) point 2, letters (a) and (b), within the period it sets in agreement with you, which cannot be more than 30 days (Art. 35(2)).
  • Allow the authority to take product samples free of charge for testing; the samples are returned within 30 days (Art. 35(1) point 3 and (4)).
  • Bear the cost of testing where the product does not meet the applicable accessibility requirements, and in any event where it has no CE marking, no EU declaration of conformity, no technical documentation or incomplete technical documentation; otherwise the market surveillance authority bears it (Art. 38).
  • Where the authority finds that a product does not meet the Act, take the corrective action it requires within the period it sets, accept the temporary suspension until the non-conformity is removed, and withdraw the product within the further reasonable period set if you have not taken appropriate corrective action (Art. 40(3) and (4)).
  • Comply with the restrictive measures of Article 39 (temporary suspension of availability or use, ban on availability or use, withdrawal) imposed by order of the Chair of the State Agency for Metrological and Technical Supervision or officials he authorises; the order can be appealed under the Administrative Procedure Code (Art. 39).
  • Where the authority finds that the CE marking is affixed in breach of Article 10 or of Article 30 of Regulation (EC) 765/2008, is missing, that the EU declaration or technical documentation is missing, incorrect or incomplete, that the manufacturer or importer identification is missing, incorrect or incomplete, or that another administrative requirement of Chapter Two, Section III is not met, take the corrective action it requires within the period it sets (Art. 44).
  • Ensure that corrective action is taken for all the products concerned that you made available across the European Union (Art. 45; Directive (EU) 2019/882, Arts. 19 and 20).

These lines are LexLint's reading of the law's text.

If you get it wrong

Penalty structure

Chapter Six sets, for each offence, a fine or a property sanction, with higher ranges for a repeat breach (a breach 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). Article 73(1) to (3): placing on the market or putting into service a product that does not meet Article 4, whose conformity was not assessed under Article 7, or that bears the CE marking or an EU declaration without an assessed conformity: 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(1): no technical documentation, EU declaration or other required document: the same amounts as Article 73. Article 74(2): technical documentation or EU declaration that does not meet the Act: 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 20,000 (EUR 2,556.46 to 10,225.84); repeat, 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 75(1): no CE marking: a fine of BGN 150 to 1,000 (EUR 76.69 to 511.29) or a property sanction of 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). Article 75(2): CE marking affixed in breach of Article 10: a fine of BGN 150 to 800 (EUR 76.69 to 409.03) or a property sanction of 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(1) and (2): an EU declaration or other document whose content does not meet the Act, if the act is not a crime: a fine of BGN 250 to 1,000 (EUR 127.82 to 511.29) or a property sanction of 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, 78 and 79: no identification element, no name and address of the manufacturer or importer, no Bulgarian instructions and safety information: a fine of BGN 200 to 1,000 (EUR 102.26 to 511.29) or a property sanction of 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). Articles 80 and 81: a manufacturer's failure to keep documents under Article 11(4) and an importer's under Article 23: a fine of BGN 500 to 1,000 (EUR 255.65 to 511.29) or a property sanction of 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 82: obstructing the market surveillance authorities or not providing the Article 35 documents: 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 20,000 (EUR 2,556.46 to 10,225.84); repeat, BGN 2,000 to 10,000 (EUR 1,022.58 to 5,112.92) or BGN 10,000 to 25,000 (EUR 5,112.92 to 12,782.30). Article 83: not complying with the restrictive measures of Article 39: a fine of BGN 200 to 1,000 (EUR 102.26 to 511.29) or a property sanction of 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). Article 84: failing the Article 3 duties for products: a fine of BGN 500 to 3,000 (EUR 255.65 to 1,533.88) or a property sanction of BGN 1,000 to 5,000 (EUR 511.29 to 2,556.46); repeat, BGN 1,000 to 6,000 (EUR 511.29 to 3,067.75) or BGN 2,000 to 10,000 (EUR 1,022.58 to 5,112.92). Article 85: other breaches concerning products: a fine of BGN 200 to 1,000 (EUR 102.26 to 511.29) or a property sanction of 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). Paragraph 3 of the final provisions halves each amount for breaches committed up to . The cap shown is the highest ceiling, the repeat property sanction of Articles 73 and 74, and the Chair of the State Agency for Metrological and Technical Supervision or officials he authorises issue the penal decrees (Article 90). 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 text's BGN 50,000 converted.

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 this law does

Drafted with AI

Drafted with AI from the cited sources under the direction of UnGovr staff. UnGovr holds editorial responsibility for this page. How this site is made

Research summary

Legal information, not legal advice. This is LexLint's own research summary of a public legal source, and it creates no attorney-client relationship. For decisions that matter, consult qualified counsel in the relevant jurisdiction. About LexLint

Article 34(1) makes the Chair of the State Agency for Metrological and Technical Supervision, through the agency's market surveillance bodies, the market surveillance authority for the products in Article 2(1). Article 35(1) lets the market surveillance authorities enter places where products are sold, stored or used, require the EU declaration of conformity, the technical documentation, the instructions and the Article 3 assessment, and take samples free of charge.

Article 35(2) lets the authority set a period of not more than 30 days, agreed with the operator, for providing the declaration and the technical documentation. Article 38(1) puts the cost of testing on the economic operator when the products do not meet the accessibility requirements.

Article 38(3) puts the cost of testing on the economic operator whatever the result when the product has no CE marking, no EU declaration of conformity or no technical documentation, or when the documentation is incomplete. Article 39 lets the authorities, where the operator has not taken corrective action, order a temporary suspension of the product's availability or use, a ban on its availability or use, or its withdrawal.

Article 39(2) and (3) have the Chair of the agency or officials he authorises impose the measures by order, which can be appealed under the Administrative Procedure Code. Article 40(3) requires the authorities, on finding that a product does not meet the Act, to require the operator to take corrective action within a set period and to impose a temporary suspension until the non-conformity is removed.

Article 73(1) fines a manufacturer or importer that places on the market or puts into service a product that does not meet Article 4 from BGN 1,000 to 5,000, or imposes a property sanction of BGN 5,000 to 25,000, and for a repeat breach a fine of BGN 2,000 to 10,000 or a property sanction of BGN 10,000 to 50,000.

Article 74(2) fines a manufacturer or importer whose technical documentation or EU declaration does not meet the Act from BGN 1,000 to 5,000, or imposes a property sanction of BGN 5,000 to 20,000, and for a repeat breach a fine of BGN 2,000 to 10,000 or a property sanction of BGN 10,000 to 50,000. Article 75(1) fines an economic operator that makes a product available without the CE marking from BGN 150 to 1,000, or imposes a property sanction of BGN 500 to 4,000.

Article 84 fines an economic operator that makes products available and fails its Article 3 duties from BGN 500 to 3,000, or imposes a property sanction of BGN 1,000 to 5,000. Article 82 fines whoever obstructs the market surveillance authorities or fails to provide the Article 35 documents from BGN 1,000 to 5,000, or imposes a property sanction of BGN 5,000 to 20,000.

Article 90 has the officials designated by the Chair of the agency draw up the records of violations and the Chair or his authorised officials issue the penal decrees, and sends the sums collected to the agency's budget account.

When LexLint raises it

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