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Law / Italy

Legislative Decree 82/2022 (implementing Directive (EU) 2019/882), accessibility duties of importers and distributors of consumer hardware, operating systems, payment and service terminals and e-readers

D.Lgs. 27 maggio 2022, n. 82, artt. 8-11 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 import a product listed in Article 1(2) of Legislative Decree 82/2022 from a third country, place on the market only products that conform to Article 3, and verify first that the manufacturer carried out the conformity assessment, prepared the Annex III technical documentation, affixed the CE marking and complied with Article 6 (Article 8(1) and (2)); the decree has effect from (Article 25(1)). Articles 8 to 11 implement Articles 9, 10, 11 and 12 of Directive (EU) 2019/882.
  • If you consider a product non-conforming, inform the manufacturer and the supervisory authority and do not place the product on the market until it conforms (Article 8(3)).
  • Put your name, trade name or trade mark and contact address on the product, packaging or accompanying document, with contact data in Italian and English, and supply instructions and safety information in Italian (Article 8(4) and (5)).
  • While the product is under your responsibility, ensure that its storage or transport conditions do not jeopardise its conformity (Article 8(6)); keep a copy of the EU declaration of conformity for five years from placing the product on the market, make the technical documentation available on request, take corrective measures or withdraw a non-conforming product at once, inform the national authorities, and keep a register of non-conforming products and complaints (Article 8(7)).
  • 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 removing the non-conformity (Article 8(8)).
  • If you distribute such a product, verify before making it available that it bears the CE marking, comes with the required documents and with instructions and safety information in Italian or English, and that the manufacturer and importer complied with Articles 6 and 8 (Article 9(1)).
  • As a distributor, ensure that while the product is under your responsibility its storage or transport conditions do not jeopardise its conformity (Article 9(3)).
  • If you find or have reason to believe a product is non-conforming, do not place it on the market until it conforms, inform the manufacturer or importer and the Ministry, see that corrective measures are taken or the product withdrawn, and give the Ministry and the authorities of the Member States the information and documentation they request (Article 9(2), (4) and (5)).
  • If you place a product on the market under your own name or trade mark, or modify a product already on the market in a way that affects conformity, you are treated as the manufacturer and bound by Article 6 (Article 10(1)).
  • On request, identify to the supervisory authorities each operator that supplied you with a product and each operator you supplied, and keep that information for five years from the supply in each direction (Article 11).

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

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 8(1) and (2) require the importer to place on the market only products that conform to Article 3 and to verify, before doing so, that the manufacturer has carried out the conformity assessment, drawn up the technical documentation and affixed the CE marking.

Article 2(1)(u) and (v) define the importer as a natural or legal person established in the Union who places on the Union market a product from a third country, and the distributor as a natural or legal person in the supply chain, other than the manufacturer or the importer, who makes a product available on the market.

Article 8(3) requires an importer that considers a product non-conforming to inform the manufacturer and the supervisory authority and not to place it on the market until it conforms. Article 8(5) requires the importer to ensure that the product comes with instructions and safety information in Italian.

Article 8(6) and Article 9(3) require the importer and the distributor to ensure that, while a product is under their responsibility, its storage or transport conditions do not jeopardise its conformity. Article 8(7) requires the importer to keep a copy of the EU declaration of conformity for five years, to take corrective measures or withdraw a product it finds non-conforming, to inform the national authorities, and to keep a register of non-conforming products and complaints.

Article 8(8) requires the importer, on request, to give the Ministry or the authorities of the Member States the information and documentation showing conformity, in Italian or English, and to cooperate in removing the non-conformity.

Article 9(1) requires the distributor, before making a product available, to verify that it bears the CE marking, comes with the required documents and with instructions and safety information in Italian or English, and that the manufacturer and importer have complied with Articles 6 and 8. Article 9(2) requires a distributor that finds or has reason to believe a product is non-conforming not to place it on the market until it conforms and to inform the manufacturer or importer and the Ministry.

Article 9(4) requires the distributor to see that corrective measures are taken or the product withdrawn, and to inform the Ministry and the authorities of the Member States at once. Article 10 treats an importer or distributor that places a product on the market under its own name or trade mark, or modifies a product already on the market so as to affect conformity, as the manufacturer, subject to the manufacturer's duties under Article 6.

Article 11 requires the operators of Articles 6 to 9 to identify to the supervisory authorities, on request, each operator that supplied them with a product or to which they supplied one, and to keep that information for five years in each direction. Article 25(1) provides that the provisions of the decree have effect from .

When LexLint raises it

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