ItalyLegislative Decree 82/2022 (implementing Directive (EU) 2019/882), accessibility duties of manufacturers and authorised representatives of consumer hardware, operating systems, payment and service terminals and e-readers
D.Lgs. 27 maggio 2022, n. 82, artt. 1(2), 3(1), 6, 7, 13-16 e 25
In force since .
An accessibility requirements rule binding public and private bodies.
- Instrument type
- an act of a legislature
What it requires
- If you manufacture a product listed in Article 1(2) of Legislative Decree 82/2022 (general-purpose consumer hardware systems and their operating systems, self-service payment terminals and terminals for the covered services, consumer terminal equipment for electronic communications and audiovisual media access, e-readers) and place it on the market from , make it comply with section I of Annex I and, except for self-service terminals, section II (Articles 1(1), 3(1) and 25(1)). These provisions and Articles 6, 7, 13 to 16 implement Articles 4(1) and (2), 7, 8, 14, 15, 16, 17 and 18 of Directive (EU) 2019/882.
- Certify that the product was designed and made in conformity with Article 3, prepare the technical documentation under Annex III, carry out the conformity assessment procedure, and, if it is positive, draw up the EU declaration of conformity and affix the CE marking (Article 6(1) and (2)).
- Draw up the EU declaration of conformity also in Italian, stating which accessibility requirements do not apply where you rely on Article 13, and update it when the design, characteristics or referenced standards change (Article 15(1) and (2)).
- Keep the technical documentation and the EU declaration of conformity for five years from placing the product on the market, keep series production in conformity, and mark the product with a type, batch or serial number and with your name, trade name or trade mark and contact address (Article 6(3) to (6)).
- Supply the product with instructions and safety information in Italian or English (Article 6(7)).
- If a product does not conform, take the corrective measures at once or withdraw it, inform the Ministry and the authorities of the Member States where you made it available, and keep a register of non-conforming products and complaints (Article 6(8)).
- On request, give the Ministry or the authorities of the Member States the information and documentation showing conformity in Italian or English, and cooperate in the measures taken to make the products conform (Article 6(9)).
- If you rely on Article 13(1) (a substantial modification that changes the nature of the product, or a disproportionate burden), assess it on the criteria of Annex V and document the assessment for not less than five years from the last time a product was made available; a microenterprise that deals in products need not document the assessment but must give the facts of it if the Ministry asks (Article 13(2) to (4)).
- Unless you are a microenterprise, inform the market surveillance authority when you rely on Article 13(1) for a specific product (Article 13(7)); Article 13(1)(b) does not apply to an operator that receives public or private funding to improve accessibility (Article 13(6)).
- A product that conforms to harmonised standards published in the Official Journal of the European Union, or to technical specifications, or to parts of them, is presumed to conform to the accessibility requirements those standards or specifications cover (Article 14(1) and (2)).
- If you are an authorised representative, your written mandate lets you at least keep the EU declaration of conformity and the technical documentation for five years from the mandate, give the Ministry and the market surveillance authorities on reasoned request the information and documentation showing conformity, and cooperate with them in making the products conform; the duties of Article 6 and drawing up the technical documentation cannot be part of your mandate (Article 7(1) and (2)).
These lines are LexLint's reading of the law's text.
If you get it wrong
Penalty structure
Article 24(1) punishes an operator that breaches Articles 3, 12(1) to (4) and the other duties it lists with an administrative fine of EUR 5,000 to EUR 40,000, set by the extent of the non-compliance, the number of non-conforming units of products or services and the number of users affected, outside the exemptions of Articles 3(3) and 13(1). A legal person within Article 3(1-bis) of Law 4/2004 incurs in every case the sanction of Article 9(1-bis) of that Law. Article 24(2) and (3) set a fine of EUR 2,500 to EUR 30,000 for not complying with an order of the supervisory authority under Article 21(4) and for failing to cooperate. Article 24(4) excludes facts committed in procurement procedures governed by Legislative Decree 50/2016.
- Rule
- Fixed only
- As of
- Minimum
- 5,000
- Currency
- EUR
- Fixed cap
- 40,000
Who enforces it
Enforcement body
The Ministry of Economic Development (the ministry now called the Ministry of Enterprises and Made in Italy), the market surveillance authority for products under Article 17(2) of the decree
What this law does
Article 1(2) applies the decree to general-purpose consumer computer hardware systems and the operating systems for them, to self-service payment terminals and to terminals for the services the decree covers, to consumer terminal equipment with interactive computing capability used for electronic communications services and for access to audiovisual media services, and to e-readers.
Article 2(1)(s) defines the manufacturer as a natural or legal person who makes a product, or has it designed or made, and markets it under its own name or trade mark. Article 3(1) requires those products to comply with the accessibility requirements of section I of Annex I and, except for self-service terminals, of section II.
Article 6(1) and (2) require the manufacturer to certify that the products were designed and made in conformity with Article 3, to prepare the technical documentation under Annex III, to carry out the conformity assessment procedure, and, if the result is positive, to draw up the EU declaration of conformity and affix the CE marking.
Article 6(3) requires the manufacturer to keep the technical documentation and the EU declaration of conformity for five years from the date the product is placed on the market.
Article 6(8) requires a manufacturer that finds or has reason to believe a product does not meet the accessibility requirements to bring it into conformity or withdraw it, to inform the Ministry and the national authorities of the Member States where it was made available, and to keep a register of non-conforming products and complaints.
Article 6(9) requires the manufacturer, on request, to give the Ministry or the authorities of the Member States the information and documentation needed to show conformity, in Italian or English, and to cooperate in the measures taken to make the products conform. Article 7(1) lets a manufacturer appoint an authorised representative by written mandate.
Article 7(1) requires the mandate to let the authorised representative at least keep the EU declaration of conformity and the technical documentation for five years, give the Ministry and the market surveillance authorities on reasoned request the information showing conformity, and cooperate with them. Article 7(2) excludes the compliance with Article 6 and the drawing up of the technical documentation from the mandate of the authorised representative.
Article 15(2) requires the EU declaration of conformity to be drawn up also in Italian on the model of Annex III to Decision 768/2008/EC and updated when the design, the product characteristics or the referenced standards change. Article 16 subjects the CE marking to the general principles of Article 30 of Regulation (EC) 765/2008 and requires it to be affixed visibly, legibly and indelibly before the product is placed on the market.
Article 13(1) applies the accessibility requirements only to the extent that compliance does not require a substantial modification that changes the nature of the product and does not impose a disproportionate burden on the operators concerned. Article 13(4) exempts the microenterprises that deal in products from the duty to document the disproportionate-burden assessment, although they must give the facts of the assessment if the Ministry asks.
Article 14 presumes a product that conforms to harmonised standards published in the Official Journal of the European Union to conform to the accessibility requirements those standards cover. Article 14(2) presumes the same for a product that conforms to technical specifications, or parts of them, to the extent they cover those requirements. Article 25(1) provides that the provisions of the decree have effect from .
Article 1(1) provides that the decree states the accessibility requirements of products placed on the market from .
When LexLint raises it
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