PolandAct on ensuring that economic operators meet accessibility requirements for certain products and services, duties of manufacturers and authorized representatives
Dz. U. 2024 poz. 731 art. 23-28 i art. 34 ustawy o zapewnianiu spełniania wymagań dostępności niektórych produktów i usług przez podmioty gospodarcze
In force since .
An accessibility requirements rule binding public and private bodies.
What it requires
- If you manufacture a product within Article 3(1), ensure that the products you place on the market meet the accessibility requirements (Art. 23(1); implements Directive (EU) 2019/882, Art. 7(1)).
- Assess the product against the accessibility requirements by internal production control, and draw up technical documentation with a general description of the product and a list of the harmonized standards or technical specifications, or parts of them, applied or a description of the solutions adopted where they were not applied; if you applied only parts of them, state which (Art. 23(2) to (4)).
- Keep the technical documentation and the declaration of conformity for five years from placing the product on the market (Art. 23(5) and Art. 24(7)).
- If the assessment shows the product meets the requirements, draw up the declaration of conformity in writing, on paper or electronically, before placing it on the market, and affix the CE marking visibly, legibly and indelibly on the product or its data plate, or where that is impossible or unjustified on the packaging and the accompanying documents (Art. 23(6) and (7)).
- Draw up the declaration of conformity in line with the rules on conformity assessment systems and market surveillance and Annex III to Decision No 768/2008/EC, show in it that the relevant accessibility requirements are met, list the requirements that are not met where the Article 21 assessment excuses you, update it whenever the product's functions or properties change, and issue a single declaration where several laws require one; by drawing up and signing it you assume responsibility for conformity (Art. 24(1) to (6)).
- Keep procedures that maintain conformity in series production, taking account of changes in the product design or properties and in the harmonized standards or technical specifications relied on (Art. 25).
- Put the type, batch or serial number on the product, or where that is impossible on the packaging or an accompanying document, and put on it your name, registered trade name or trademark if any, and contact details in Polish including a single point of contact (Art. 26(1) and (2)).
- Supply or publish the instructions, warnings, labels and information required by Article 7(1) with the product (Art. 26(3)).
- If you have reasonable doubt that a product does not meet the requirements, take the corrective action needed without delay or withdraw it from the market, and inform without delay the competent market surveillance authority and those of the other Member States where the product was made available, of the non-conformity and the action taken (Art. 27(1) and (2); Directive (EU) 2019/882, Art. 7).
- Keep a written or electronic register of non-conforming products and of the related consumer complaints (Art. 27(3)).
- On request of the PFRON President or the market surveillance authority, hand over within the time set the information and documentation needed to show conformity, in writing or electronically, translated into Polish if they are in another language, and cooperate to remove the non-conformity (Art. 27(4) and (5)).
- If you appoint an authorized representative, give it a written mandate; the representative may not take over your duties on conformity assessment, technical documentation and product identification, and must perform at least the duties of Article 23(5), Article 24(7) and Article 27(4) and (5) (Art. 28).
- On request, give the PFRON President or the market surveillance authority within the time set the identity of each operator that supplied you with a product or that you supplied it to, with name, address, date of supply and description, and keep that information for five years (Art. 34(1) to (3); Directive (EU) 2019/882, Art. 12).
These lines are LexLint's reading of the law's text.
If you get it wrong
Penalty structure
Article 73(1) point 1 fines a manufacturer that places on the market a product not meeting Articles 7 to 11 or 19, does not give in time, or gives false or misleading, information or documentation requested under Article 27(4), does not present evidence of corrective action within the period of Article 52(1) point 1, does not assess conformity under Article 23(2), or does not inform the authorities under Article 27(2). Each fine is up to ten times the average monthly wage in the national economy for the preceding year, as announced by the President of Statistics Poland, and not more than 10% of the turnover achieved in the financial year before the year of the fine. The cap shown is ten times the PLN 8,903.56 announced for 2025, which governs a fine imposed in 2026; the turnover limit can lower it. The PFRON President or the market surveillance authority imposes the fine by decision, and it is paid into the Accessibility Fund within 14 days of the decision becoming final (Art. 73(3) and (5)).
- Rule
- Fixed only
- As of
- Currency
- PLN
- Fixed cap
- 89035.6
Who enforces it
Enforcement body
The market surveillance system of Article 38(2), which consists of the President of the Management Board of PFRON, the market surveillance authorities and the customs authorities; for these products the market surveillance authority is the President of the Office of Electronic Communications (UKE), under Article 38(3) point 1
What it reaches
Instrument type
an act of a legislature
Applicability criteria
Article 84 provides that the Act does not apply to products placed on the market before it entered into force on .
- As of
- Combinator
- All of
- Criteria
- a manufacturer or authorized representative of a product listed in Article 3(1) of the Act
What this law does
Article 2 makes it the duty of manufacturers, authorized representatives, importers and distributors to ensure that products meet the accessibility requirements, and of service providers to ensure the same for services. Article 23(1) requires a manufacturer to ensure that the products it places on the market meet the accessibility requirements. Article 23(2) requires a manufacturer to assess the conformity of the product with the accessibility requirements by internal production control.
Article 23(5) requires a manufacturer to keep the technical documentation for five years from placing the product on the market. Article 23(6) requires a manufacturer whose assessment shows conformity to draw up the declaration of conformity and affix the CE marking before placing the product on the market. Article 24(7) requires a manufacturer to keep the declaration of conformity for five years from placing the product on the market.
Article 25(1) requires a manufacturer to ensure procedures that keep series production in conformity with the accessibility requirements. Article 26(2) requires a manufacturer to give its contact details in Polish. Article 27(1) requires a manufacturer with reasonable doubt about conformity to take the necessary corrective action without delay or withdraw the product.
Article 28(3) requires an authorized representative to perform at least the duties of Article 23(5), Article 24(7) and Article 27(4) and (5). Article 34(1) requires every economic operator to identify, on request, the operators that supplied it with a product or that it supplied. Article 34(3) requires those details to be kept for five years from the delivery.
When LexLint raises it
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