NetherlandsWarenwetbesluit toegankelijkheidsvoorschriften 2024 and Warenwet Chapter 2, accessibility requirements for products
Also known as Warenwetbesluit toegankelijkheidsvoorschriften 2024 (Goods Act Decree on accessibility requirements 2024).
Warenwetbesluit toegankelijkheidsvoorschriften 2024 (besluit van 3 mei 2024) op grond van Warenwet hoofdstuk 2, art. 34-35e (Stb. 2024, 87, art. I)
In force since .
An accessibility requirements rule binding private bodies.
- Instrument type
- a regulation made under an act
As of .
What it requires
- If you manufacture, import or distribute consumer computer equipment and its operating systems, consumer terminal equipment used for electronic communications services, terminal equipment for access to audiovisual media services, payment terminals, cash machines, ticketing machines, check-in machines, interactive self-service information terminals or e-readers, do not place on the market in the Netherlands a product that does not meet the decree's requirements (Warenwetbesluit toegankelijkheidsvoorschriften 2024 Arts. 2 and 3).
- As a manufacturer, design, manufacture and place products on the market in compliance with Article 7 of Directive (EU) 2019/882 and Sections I and II of Annex I; design self-service terminals to Section I of Annex I (Art. 4(1) and (2)).
- The decree does not apply to products placed on the market on or before (Art. 2(2)).
- If you rely on the limit for a fundamental alteration or a disproportionate burden, assess it against Annex VI to the Directive, document the assessment and keep it for five years after the product was last offered on the market (Art. 8(2) and (3)).
These lines are LexLint's reading of the law's text, as of .
Who enforces it
Enforcement body
The Minister for Health, Welfare and Sport, the competent national authority under Article 9 of the decree, with officials designated under Article 35c of the Warenwet supervising compliance
What this law does
Article 2(1) applies the decree to consumer computer equipment and operating systems for it, to consumer terminal equipment with interactive computing capability used for electronic communications services, to terminal equipment for access to audiovisual media services, to specified self-service terminals and to e-readers.
Article 2(1)(d) lists the self-service terminals as payment terminals, cash machines, ticketing machines and check-in machines used to provide services within the Directive, and interactive self-service information terminals. Article 2(2) excludes products placed on the market on or before . Article 3 prohibits placing on the market products within the decree that do not meet the requirements the decree sets.
Article 4(1) requires manufacturers, when designing, manufacturing and placing products on the market, to comply with Article 7 of the Directive and with Sections I and II of Annex I. Article 4(2) requires self-service terminals to be designed and manufactured in accordance with the accessibility requirements of Section I of Annex I. Article 8(1) applies the requirements only to the extent that compliance does not require a significant change that fundamentally alters the nature of the product and does not impose a disproportionate burden on the operators concerned.
Article 35e of the Warenwet lets the Minister impose an administrative fine of at most the amount set for the fifth category in Article 23(4) of the Criminal Code for a breach of the rules made under Articles 35 and 35a. Article 12 of the decree enters it into force at the same time as Article I of the Implementatiewet.
When LexLint raises it
When your app profile says your app distributes a software product or ships a consumer interface.