PolandAct on ensuring that economic operators meet accessibility requirements for certain products and services, duties of importers and distributors
Dz. U. 2024 poz. 731 art. 29-31 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 import a product within Article 3(1) (you place on the market a product from outside the European Union or the European Free Trade Association states that are party to the EEA Agreement), place on the market only products that meet the accessibility requirements (Art. 29 point 1; implements Directive (EU) 2019/882, Art. 9).
- Before placing the product on the market, make sure the manufacturer has done its assessment, technical documentation, declaration of conformity, CE marking and identification (Art. 29 point 2).
- Do not place on the market a product you have reasonable doubt about, and inform the manufacturer and the market surveillance authorities (Art. 29 point 3).
- Put your name, registered trade name or trademark if any, and contact details in Polish on the product or, where impossible, on the packaging or an accompanying document; see that Polish instructions and warnings, kept understandable, accompany the product or are made public (Art. 29 points 4 and 5).
- Keep storage and transport conditions from harming conformity while you are responsible for the product, and keep a copy of the declaration of conformity for five years from placing the product on the market (Art. 29 points 6 and 7).
- On request, give the PFRON President or the market surveillance authority access to the technical documentation, and information and documents in Polish within the time set, and cooperate to remove non-conformity (Art. 29 points 8, 12 and 13).
- If you have reasonable doubt that a product you placed on the market does not meet the requirements, take corrective action without delay or withdraw it, and inform the market surveillance authority of the non-conformity and the action; keep a register of non-conforming products and the related consumer complaints (Art. 29 points 9 to 11).
- If you distribute a product within Article 3(1), check before making it available that the manufacturer and importer have done what Article 26 and Article 29 points 2, 4 and 5 require, and that the CE marking is on the product (Art. 30 points 1 and 2; Directive (EU) 2019/882, Art. 10).
- Do not make available a product you have reasonable doubt about, and inform the manufacturer, the importer and the market surveillance authority; if doubt arises about a product already made available, tell the manufacturer, authorized representative or importer to take corrective action, or withdraw the product, and inform the market surveillance authority (Art. 30 points 4 to 6).
- Keep storage and transport conditions from harming conformity while you are responsible for the product (Art. 30 point 3).
- On request, give the PFRON President or the market surveillance authority, in Polish and within the time set, the information and documentation needed to show conformity, and cooperate to remove non-conformity (Art. 30 points 7 and 8).
- Customs authorities check products that are to be released for free circulation under Article 25(3) of Regulation (EU) 2019/1020 and tell the market surveillance authority when they suspend a release; that authority may ask the importer for further information, documents or explanations about the product (Art. 61(1), (3) and (6)).
- A decision ordering corrective action, withdrawal, a ban or notice to consumers that is addressed to a distributor covers only the products it made available (Art. 56(3)).
- If you place a product on the market under your own name or trademark, or modify a product already on the market in a way that may affect conformity, you are treated as the manufacturer (Art. 31; Directive (EU) 2019/882, Art. 11).
- On request, identify the operators that supplied you with a product or that you supplied it to, and keep that information for five years (Art. 34(1) to (3)).
These lines are LexLint's reading of the law's text.
If you get it wrong
Penalty structure
Article 73(2) point 1 fines an importer that places on the market products it knows or reasonably doubts meet the requirements without informing the manufacturer and the authorities, does not inform the authority under Article 29 point 10, does not give in time the information or documentation of Article 29 point 12, or does not present evidence within the period of Article 52(1) point 1. Article 73(2) point 2 fines a distributor that makes available products it reasonably doubts meet the requirements without informing the manufacturer, the importer and the authorities, does not inform the authority under Article 30 point 6, does not give in time the information or documentation of Article 30 point 7, or does not present evidence within the period of Article 52(1) point 1. 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
- an importer or distributor of a product listed in Article 3(1) of the Act
What this law does
Article 29 requires an importer to place on the market only products that meet the accessibility requirements. Article 29 requires an importer, before placing a product on the market, to ensure that the manufacturer has performed the duties of Article 23(2) to (4), (6) and (7) and Article 26. Article 29 requires an importer not to place on the market a product about which it has reasonable doubt.
Article 29 requires an importer to keep a copy of the declaration of conformity for five years from placing the product on the market. Article 30 requires a distributor to check that the CE marking is on the product. Article 30 requires a distributor not to make available a product about which it has reasonable doubt. Article 31 treats an importer or distributor as a manufacturer if it places a product on the market under its own name or trademark.
Article 5 point 7 defines an importer as a person established in the European Union who places on the market a product from outside the European Union and the European Free Trade Association states that are party to the EEA Agreement.
When LexLint raises it
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