Accessibility of Products and Services Act, accessibility requirements for products, duties of manufacturers and authorized representatives, conformity assessment and presumption of conformity

Section 2(1) applies the Act to e-readers, payment terminals, ticketing machines, check-in machines, cash and payment machines, interactive self-service terminals providing information (other than terminals installed as integrated parts of vehicles, aircraft, ships and rolling stock), consumer terminal equipment with interactive computing capability used to access an audiovisual media service or to provide an electronic communications service, and consumer general-purpose computer hardware systems with their operating systems.

Section 2(6) applies the requirements to the products listed in section 2(1) points 3 to 6 when they are used to provide the services listed in section 2(3). Section 2(13) applies the Product Conformity Act to the obligations of the manufacturer, authorized representative, importer and distributor of a product within the Act, to the conformity assessment of the product, to market surveillance and to liability, with the exceptions that follow from the LPS.

Section 2(3) of the Product Conformity Act applies the division of its chapter 2 on the further duties of businesses in the harmonized field, which holds the duties of manufacturers, authorized representatives, importers and distributors, and its chapter 3 on conformity assessment, only where the requirements set for a product derive from European Union harmonization legislation.

Section 5(2) of the Product Conformity Act bars placing on the market or putting into service a product that does not meet a requirement a legal act sets for it. Section 14(4) of the Product Conformity Act requires the manufacturer to keep procedures in place for series production to remain in conformity. Section 14(5) of that Act requires the manufacturer to ensure that its product bears a type, batch or serial number or another marking that allows it to be identified.

Section 14(6) of that Act requires the manufacturer to mark its name or trade mark and contact address on the product or, where that is not possible, on the packaging or in an accompanying document. Section 14(7) of that Act requires a product made available to consumers to come with instructions and safety information in Estonian at least.

Section 14(8) of that Act requires a manufacturer that believes a product it placed on the market does not meet the requirements of European Union harmonization legislation to take without delay the measures needed to bring it into conformity, recall it from end users or withdraw it from the market. Section 4(1) requires a product, when it is placed on the market, to meet the accessibility requirements, subject to section 4(5) and section 5.

Section 4(2) requires a product to be designed and manufactured in a way that gives people with disabilities its maximum usability. Section 6(1) requires the manufacturer, before placing a product on the market, to draw up technical documentation and to carry out or have carried out the conformity assessment, and, where the product conforms, to draw up the EU declaration of conformity and to affix the conformity marking.

Section 6(2) requires the manufacturer to keep the technical documentation and the declaration of conformity for five years after the product is placed on the market. Section 6(3) requires the manufacturer to ensure that the instructions, information and labeling that accompany the product are clear, understandable and comprehensible.

Section 6(4) requires a manufacturer that learns that a product it placed on the market does not meet one or more applicable requirements to notify TTJA of the non-conformity, with details of it and of the corrective measures applied. Section 6(5) requires the manufacturer to keep records of products placed on the market that do not meet the applicable requirements and of the complaints about them.

Section 7 lets an authorized representative whom the manufacturer has appointed perform the obligations in section 14 on the manufacturer's behalf and responsibility. Section 7 also requires the authorized representative to keep the technical documentation and the declaration of conformity available to TTJA for five years after the product is placed on the market.

Section 12(1) provides that a product's conformity with the accessibility requirements is shown on placing it on the market by the internal production control conformity assessment procedure. Section 12(2) requires the manufacturer to take the measures needed for the production process and its control to keep the product in line with the technical documentation and the applicable accessibility requirements.

Section 13(2) requires the technical documentation of a manufacturer that relies on fundamental alteration or disproportionate burden to allow it to show that one or more applicable requirements would cause that alteration or burden.

Section 13(3) requires the technical documentation to contain, to the relevant extent, a general description of the product, the list of harmonized standards and technical specifications applied in whole or in part or a description of the solutions used, and references to the parts applied.

Section 14(1) and (2) require the manufacturer to draw up a written declaration of conformity confirming that the applicable requirements are met, following the model structure in Annex III to Decision No 768/2008/EC, and to update it continuously. Section 14(3) requires the declaration of conformity to state which accessibility requirement the exception for fundamental alteration or disproportionate burden has been applied to.

Section 14(4) requires the conformity marking to be affixed visibly, legibly and indelibly to each conforming product or its data plate, and, where that is not possible or practical, to the packaging and the accompanying documents. Section 15 presumes that a product or service which follows a harmonized standard, or a part of it, covering the accessibility requirements meets the requirements that the standard or part covers, and gives the same presumption for a technical specification.

Section 22(1) applies the requirements of the Act to products placed on the market and services provided from 28 June 2025. Section 59 of the Product Conformity Act sets the fine for infringing the conditions for placing a product on the market and making it available at up to 300 fine units for a natural person and up to EUR 32,000 for a legal person.

Section 61 of the Product Conformity Act sets the fine for misuse of the conformity marking at up to 200 fine units for a natural person and up to EUR 32,000 for a legal person. Section 47(1) of the Penal Code sets the fine unit at EUR 8. Section 19 of the LPS sets the ceiling of the penalty payment for a precept that is not complied with at EUR 10,000.