IrelandEuropean Union (Accessibility Requirements of Products and Services) Regulations 2023, duties of importers of products to place only accessible products on the market, verify conformity and cooperate with the market surveillance authority
S.I. No. 636 of 2023 Regs. 5(1), 10, 12 and 13, importers under the European Union (Accessibility Requirements of Products and Services) Regulations 2023
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 listed in Regulation 3(1) that comply with the applicable accessibility requirements (Regs. 5(1) and 10(1)).
- Before placing a product on the market, make sure the manufacturer has drawn up the technical documentation and carried out the conformity assessment procedure, the product bears the CE marking and is accompanied by the documents Regulation 8 requires, the manufacturer has marked its identification and contact details, and the product is marked with your name, registered trade name or trade mark and address, with instructions and safety information that meet Regulation 8(2)(f) and (g) (Reg. 10(2)).
- If you consider or have reason to believe that a product is not in conformity, do not place it on the market until it has been brought into conformity, and inform the manufacturer and the market surveillance authority (Reg. 10(3) and (4)).
- Do not let storage or transport conditions jeopardise the product's compliance while it is under your responsibility (Reg. 10(5)).
- Keep a copy of the EU declaration of conformity at the disposal of the market surveillance authority for 5 years after the product is placed on the market, and be able to make the technical documentation available on request (Reg. 10(6)(a)).
- If you consider or have reason to believe that a product you have placed on the market is not in conformity, immediately take the corrective measures needed or withdraw it, immediately inform the competent national authorities of the Member States where you made it available, and keep a register of non-complying products and related complaints (Reg. 10(6)(b) to (d)).
- On a reasoned notice from the market surveillance authority, give it all the information and documentation needed to show the product conforms, in a language it can easily understand, and cooperate on action to eliminate the non-compliance; the authority may direct you to provide them if you do not (Reg. 10(6)(e) and (f) and 10(7)).
- If you place a product on the market under your own name or trade mark, or modify a product already placed on the market in a way that may affect compliance, meet the duties of a manufacturer under Regulation 8 (Reg. 12).
- On request from the market surveillance authority, identify any economic operator that supplied you with a product and any to which you supplied one, and be able to present that information for 5 years after the supply (Reg. 13(1) and (2)).
These lines are LexLint's reading of the law's text.
If you get it wrong
Criminal exposureYes
Criminal exposure note
Failing to comply with Regulation 5(1) or Regulation 21(2), or failing to comply within the period specified with a direction given under the Regulations, is an offence (Reg. 32(1) and (3)); on conviction on indictment the penalty is a fine of up to EUR 60,000 or imprisonment for up to 18 months or both (Reg. 32(6)).
Penalty structure
Regulation 32(6) sets, for a person who commits an offence under the Regulations, a class A fine or imprisonment for up to 6 months or both on summary conviction, and a fine of up to EUR 60,000 or imprisonment for up to 18 months or both on conviction on indictment. The EUR 60,000 figure is the indictment ceiling. Regulation 32(7) tells the court to have regard to the seriousness of the failure to comply, the number of units of products or services to which it related and the number of persons affected.
- Rule
- Fixed only
- As of
- Currency
- EUR
- Fixed cap
- 60,000
Who enforces it
Enforcement body
The Competition and Consumer Protection Commission, the market surveillance authority for products to which the Regulations apply (Reg. 4(1))
What it reaches
Instrument type
a regulation made under an act
Applicability criteria
- As of
- Combinator
- Any of
- Criteria
- a product listed in Regulation 3(1) placed on the market on or after
What this law does
Regulation 10(1) requires an importer to place on the market only products that comply with the applicable accessibility requirements. Regulation 10 gives effect to Article 9 of Directive (EU) 2019/882, under which importers shall place only compliant products on the market.
Before placing a product on the market, an importer must ensure that the manufacturer has drawn up the technical documentation and carried out the conformity assessment procedure, that the product bears the CE marking and is accompanied by the documents Regulation 8 requires, and that the importer's name, trade name or trade mark and address are indicated on it.
An importer that considers or has reason to believe that a product is not in conformity must not place it on the market until it has been brought into conformity, and must inform the manufacturer and the market surveillance authority. An importer must keep a copy of the EU declaration of conformity at the disposal of the market surveillance authority for 5 years after the product has been placed on the market.
Regulation 12 treats an importer or distributor as a manufacturer, subject to the manufacturer's duties under Regulation 8, where it places a product on the market under its own name or trade mark or modifies a product already placed on the market in such a way that compliance may be affected.
A person who fails to comply with Regulation 5(1) or Regulation 21(2) commits an offence, punishable on summary conviction by a class A fine or imprisonment for up to 6 months or both, and on conviction on indictment by a fine of up to EUR 60,000 or imprisonment for up to 18 months or both. A class A fine is a fine not exceeding EUR 5,000.
When LexLint raises it
When your app profile says your app distributes a software product.
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