Law 4994/2022, accessibility requirements for products: scope, obligations of manufacturers, authorised representatives, importers and distributors, fundamental alteration and disproportionate burden, EU declaration of conformity and presumption of conformity
In force since .
An accessibility requirements rule binding public and private bodies.
- Instrument type
- an act of a legislature
What it requires
- If you place on the market a consumer general purpose computer hardware system or its operating system, a payment terminal, an automated cash machine, a ticketing machine, a ticket-checking machine or an interactive information self-service terminal that is intended specifically for the provision of services the Act covers (other than one installed as an integral part of a vehicle, aircraft, ship or rolling stock), consumer terminal equipment with interactive computing capability used for electronic communications services or for access to audiovisual media services, or an e-reader, make it meet the accessibility requirements of Sections I and II of Annex I, except that self-service terminals are excepted as to Section II (Art. 3(1) and Art. 5(1); implements Directive (EU) 2019/882, Art. 4(2)); Part B of the Act has applied since (Art. 46(2)).
- As manufacturer, design and manufacture the product in accordance with the applicable accessibility requirements, draw up the technical file under Annex IV, carry out the conformity assessment procedure of that Annex or have a third party carry it out, and, where conformity is shown, draw up the EU declaration of conformity and affix the CE marking (Art. 7(1) and (2)).
- Keep the technical file and the EU declaration of conformity for five years from the placing of the product on the market, ensure that series production stays in conformity, and give the product a type, batch or serial number, your name or trademark and a contact address in Greek, in braille or in another accessible format (Art. 7(3) to (6)).
- Supply the product with instructions and safety information in Greek that are clear, understandable and comprehensible and can be provided in an accessible format on the customer's request (Art. 7(7)).
- If you consider a product you placed on the market non-conforming, take corrective measures at once or withdraw it, inform the market surveillance authorities with details of the non-conformity and the measures taken, and keep a register of non-conforming products and related complaints; give the authority in Greek, on a reasoned request, all the information and documentation that show conformity, and cooperate with it (Art. 7(8) and (9)).
- As authorised representative, you cannot take over the manufacturer's obligations under Art. 7(1) or the drawing up of the technical file; the written mandate must allow at least keeping the EU declaration of conformity and the technical file at the authorities' disposal for five years, giving the authority the information and documentation that show conformity, and cooperating with it (Art. 8).
- As importer, place only conforming products on the market; before doing so, check that the manufacturer has carried out the conformity assessment procedure and drawn up the technical file, that the product bears the CE marking and comes with the required documents, and that the manufacturer has met Art. 7(5) and (6) (Art. 9(1) and (2)).
- As importer, do not place on the market a product you consider non-conforming until it conforms, and inform the manufacturer and the market surveillance authority (Art. 9(3)); show your name or trademark and a contact address in Greek, in braille or in another accessible format, and supply the instructions and safety information in Greek (Art. 9(4) and (5)).
- As importer, keep a copy of the EU declaration of conformity at the authority's disposal for five years and ensure that the technical file can be made available on request (Art. 9(7)); if you consider a product you placed on the market non-conforming, take corrective measures at once or withdraw it, inform the authority and keep a register of non-conforming products and complaints (Art. 9(8)); give the authority in Greek, on a reasoned request, the information and documentation that show conformity and cooperate with it (Art. 9(9)).
- As distributor, act with due care in relation to the Act's requirements and, before making a product available, verify that it bears the CE marking, comes with the required documents and with the instructions and safety information in Greek, and that the manufacturer and the importer have met Art. 7(5) and (6) and Art. 9(4) (Art. 10(1) and (2)).
- As distributor, do not make available a product you consider non-conforming until it conforms, and inform the manufacturer or importer and the market surveillance authority (Art. 10(3)); ensure that corrective measures or withdrawal follow where you consider that a product you made available does not conform, and give the authority the information and documentation that show conformity (Art. 10(5) and (6)).
- If you are an importer or distributor and place a product on the market under your own name or trademark, or modify a product already on the market in a way that may affect conformity, you carry the manufacturer's obligations under Art. 7 (Art. 11).
- Identify to the market surveillance authorities each operator that supplied you with a product and each operator you supplied with a product, and be able to do so for five years after the supply (Art. 12).
- The requirements apply only to the extent that compliance does not require a significant change that fundamentally alters the basic nature of the product and does not impose a disproportionate burden on you; make and document an assessment against the criteria of Annex VI, keep the results for five years from the last placing of the product on the market, and give the authority a copy on request (Art. 14(1) to (3)); this applies to every economic operator, whether manufacturer, authorised representative, importer or distributor (Art. 4(21)).
- A microenterprise in the products sector need not document its assessment but must give the authority, on request, the evidence relating to the assessment for the products on which it invoked Art. 14(1) (Art. 14(4)); a microenterprise is an enterprise with fewer than ten (10) employees and either an annual turnover not above EUR 2,000,000 or a total annual balance sheet not above EUR 2,000,000 (Art. 4(23)).
- Inform the market surveillance authority when you invoke Art. 14(1) for a particular product, except that a microenterprise need not (Art. 14(7)); you cannot invoke the disproportionate burden if you receive funding from sources other than your own resources that is provided to improve accessibility (Art. 14(6)).
- When you rely on the fundamental alteration or disproportionate burden exception for a product, state in the EU declaration of conformity which accessibility requirements fall under the exception; the declaration is drawn up or translated into Greek, follows the structure of Annex VII and is kept up to date (Art. 16(1) and (2)).
- As importer or distributor, make sure that, while a product is your responsibility, storage or transport conditions do not jeopardise its conformity with the accessibility requirements (Art. 9(6) and Art. 10(4)).
- Affix the CE marking visibly, legibly and indelibly to the product or its data plate, or to the packaging and the accompanying documents where the nature of the product does not allow it, before the product is placed on the market (Art. 18(1) and (2); general principles of Art. 30 of Regulation (EC) 765/2008, Art. 17); draw up one EU declaration of conformity where several Union acts require one (Art. 16(3)); by drawing it up the manufacturer takes responsibility for the product's conformity (Art. 16(4)).
- Do not apply an unfavourable discriminatory pricing policy, or any selective financial burden, against consumers whose access improves or is maximised as a result of your compliance with the Act (Art. 24).
- A product or service whose characteristics, elements or functions comply with the accessibility requirements of Annex I, in accordance with Section VI of that Annex, is presumed to meet the accessibility obligations of other Union acts, other than this Act, for those characteristics, elements or functions, unless those acts provide otherwise (Art. 25(2) and (3)).
- A product that conforms to harmonised standards or technical specifications whose references are published in the Official Journal of the European Union, or to parts of them, is presumed to meet the accessibility requirements to the extent those standards or specifications cover them (Art. 15).
These lines are LexLint's reading of the law's text.
Who enforces it
Enforcement body
Market surveillance authorities named in Art. 19(2): the Directorate for Safety and Compliance of Industrial Products of the General Secretariat for Industry (computers, operating systems, e-readers, payment terminals, automated cash machines); the Hellenic Telecommunications and Post Commission (EETT) (consumer terminal equipment for electronic communications services); the General Secretariat for Transport with that Directorate (ticketing machines, ticket-checking machines, interactive information terminals); the National Council for Radio and Television with that Directorate (terminal equipment for access to audiovisual media services)
What this law does
Article 3(1) applies the Act to consumer general purpose computer hardware systems and their operating systems, to payment terminals, to automated cash machines, ticketing machines, ticket-checking machines and interactive information self-service terminals that are intended specifically for the provision of services covered by the Act, other than those installed as integral parts of vehicles, aircraft, ships or rolling stock, to consumer terminal equipment with interactive computing capability used for electronic communications services or for access to audiovisual media services, and to e-readers.
Article 5(1) requires all products to meet the accessibility requirements of Sections I and II of Annex I, with self-service terminals excepted as to Section II. Article 7(1) requires manufacturers to ensure that the products they place on the market are designed and manufactured in accordance with the applicable accessibility requirements.
Article 7(2) requires manufacturers to draw up the technical file in accordance with Annex IV, to carry out the conformity assessment procedure of that Annex or have a third party carry it out, and, where conformity is shown, to draw up the EU declaration of conformity and affix the CE marking. Article 7(3) requires manufacturers to keep the technical file and the EU declaration of conformity for five years from the placing of the product on the market.
Article 7(7) requires manufacturers to ensure that the product comes with instructions and safety information in the Greek language, which can be provided in an accessible format on the customer's request.
Article 7(8) requires manufacturers that consider a product they placed on the market non-conforming to take corrective measures at once or withdraw it, to inform the market surveillance authorities of a product that does not meet the accessibility requirements, and to keep a register of non-conforming products and related complaints.
Article 7(9) requires manufacturers to give the market surveillance authority, in Greek and on a reasoned request, all the information and documentation needed to show conformity, and to cooperate with it. Article 8(2) provides that the obligations of Article 7(1) and the drawing up of the technical file cannot be assigned to an authorised representative.
Article 8(2) requires the mandate of an authorised representative to allow at least keeping the EU declaration of conformity and the technical file at the disposal of the surveillance authorities for five years, giving the authority the information and documentation that show conformity, and cooperating with the authority.
Article 9(1) and (2) require importers to place only conforming products on the market and, before doing so, to ensure that the manufacturer has carried out the conformity assessment procedure of Annex IV, has drawn up the technical file, and has met the requirements of Article 7(5) and (6), and that the product bears the CE marking and comes with the required documents.
Article 9(3) provides that an importer that considers a product non-conforming does not place it on the market until it conforms. Article 9(7) requires importers to keep a copy of the EU declaration of conformity at the disposal of the market surveillance authority for five years and to ensure that the technical file can be made available on request.
Article 9(8) requires importers that consider a product they placed on the market non-conforming to take corrective measures at once or withdraw it. Article 10(2) requires distributors, before making a product available, to verify that it bears the CE marking, that it comes with the required documents and with the instructions and safety information in Greek, and that the manufacturer and the importer have met the requirements of Article 7(5) and (6) and Article 9(4).
Article 10(3) provides that a distributor that considers a product non-conforming does not make it available on the market until it conforms. Article 11 treats an importer or distributor as the manufacturer, with the manufacturer's obligations under Article 7, when it places a product on the market under its own name or trademark or modifies a product already on the market in a way that may affect conformity.
Article 12(1) requires the operators of Articles 7 to 10 to identify to the market surveillance authorities each operator that supplied them with a product and each operator they supplied with a product, and Article 12(2) requires them to be able to do so for five years. Article 4(21) defines an economic operator as the manufacturer, the authorised representative, the importer, the distributor or the service provider.
Article 14(1) applies the accessibility requirements of Article 5 to the extent that compliance does not require a significant change resulting in a fundamental alteration of the basic nature of the products or services and does not impose a disproportionate burden on the economic operators concerned. Article 14(2) requires economic operators to make a documented assessment of whether compliance requires a significant change or, on the criteria of Annex VI, imposes a disproportionate burden.
Article 14(3) requires operators to keep all the results for five years from the last placing of a product on the market or the last provision of a service, and to give the authority a copy of the assessment on request. Article 14(4) exempts microenterprises in the products sector from documenting their assessment, but requires them to give the authority, if it asks, the evidence relating to the assessment for the products on which they invoked Article 14(1).
Article 14(6) bars an economic operator of the public or the private sector that receives funding from sources other than its own resources, provided for the purpose of improving accessibility, from invoking point (b) of Article 14(1). Article 14(7) requires an operator that invokes Article 14(1) for a particular product or service to inform the market surveillance authority or the service responsible for checking the compliance of services.
Article 14(7) provides that the duty to inform the authority does not apply to microenterprises. Article 16(1) provides that the EU declaration of conformity states which accessibility requirements fall under the exception when Article 14 is exceptionally used.
Article 15(1) presumes that products and services that comply with harmonised standards, or parts of them, whose references are published in the Official Journal of the European Union meet the accessibility requirements to the extent that the standards cover them.
Article 18(1) and (2) require the CE marking to be affixed visibly, legibly and indelibly to the product or its data plate, or to the packaging and the accompanying documents where the nature of the product does not allow it, before the product is placed on the market.
Article 24 bars an unfavourable discriminatory pricing policy, and any selective financial burden of any kind, against consumers whose access improves or is maximised as a result of the compliance of undertakings and of banking and financial institutions with the Act. Article 26(1) provides that administrative sanctions are imposed on violators of the Act on the basis of the principle of proportionality.
Article 26(3) lets the market surveillance authority, where a product does not conform, take among other administrative measures a recommendation for corrective action, temporary seizure, and a ban on circulation and availability. Article 27(2) leaves to a presidential decree, for products, the cases in which sanctions are imposed, the amount of the administrative fines for each violation, the procedure and bodies that impose them and the procedure for collecting them.
Article 25(2) presumes that a product or service whose characteristics, elements or functions comply with the accessibility requirements of Annex I, in accordance with Section VI of that Annex, meets the accessibility obligations of other Union acts, other than this Act, for those characteristics, elements or functions, unless those acts provide otherwise. Article 7 of Law 4994/2022 transposes Article 7 of Directive (EU) 2019/882.
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