RomaniaAct on accessibility requirements for products and services, products: duties of distributors
archived copy
Read from a public archive copy, not the publisher directly. The publisher does not serve this page to automated readers, so a direct fetch was not an option here; how we access sources. Archived 2026. Publisher's page: https://legislatie.just.ro/Public/DetaliiDocument/257778In force since .
An accessibility requirements rule binding public and private bodies.
- Instrument type
- an act of a legislature
What it requires
- If you distribute a product listed in Article 2(1) or (2) and make it available on the market after , make available only a product that meets the accessibility requirements of Annex 1 (Art. 10(1); implements Directive (EU) 2019/882, Art. 10(1)).
- Before making a product available, check that it bears the CE marking, that it is accompanied by the documents of Article 7(2) and by instructions and safety information in Romanian, and that the manufacturer and the importer met their identification and contact duties (Art. 10(2)(a) to (c)).
- If you consider or have reason to believe that a product does not meet the accessibility requirements, inform the manufacturer or importer and the authorities of Article 19(1) and of the Member States where you made it available, and do not make it available until it is compliant (Art. 10(2)(d)).
- While a product is your responsibility, keep storage and transport conditions from jeopardising its conformity with the accessibility requirements (Art. 10(2)(e)).
- If you consider or have reason to believe that a product you made available does not meet the accessibility requirements, inform the authorities at once with details of the non-conformity and the corrective measures, and make sure the corrective measures are taken or the product is withdrawn (Art. 10(2)(f)).
- On the reasoned request of an authority of Article 19(1), supply all information and documentation needed to show the product's conformity, and cooperate with it (Art. 10(2)(g) and (h)).
- On request, identify to the authorities the operator that supplied you a product and the operator you supplied it to, and keep that information for five years (Art. 12).
- If you make a product available under your own name or trademark, or modify a product already on the market in a way that may affect conformity, you take on the manufacturer's duties under Article 7 (Art. 11).
- If an authority of Article 19(1) finds that a product does not comply, take all corrective action within the reasonable period it sets, withdraw the product within the further period it sets if you have not, make sure the corrective action covers every product concerned that you made available in the European Union, and end any formal non-compliance it notifies under Article 22(1) (Art. 20(2), (3) and (6) and 22(1); Directive (EU) 2019/882, Art. 20 and 22).
- The fundamental-alteration and disproportionate-burden limit of Article 14(1) is assessed and documented by each economic operator that relies on it, distributors included; before making the product available, check that it bears the CE marking and comes with the documents of Article 7(2), including the EU declaration of conformity, which names the requirements the exception covers (Art. 10(2)(a) and (b), 14(2) and (3), 16(1)).
- The court access of Article 26 and the contraventions of Article 27 do not apply to procurement procedures governed by Law 98/2016 and Law 99/2016 (Art. 26(2) and 27(6)).
These lines are LexLint's reading of the law's text.
If you get it wrong
Private right of actionYes
Penalty structure
Article 27(1) fines a distributor between 6,000 and 12,000 lei for a breach of Article 10(1) (point a), between 7,000 and 15,000 lei for a breach of Article 10(2)(a) to (c) (point c) or Article 10(2)(d) to (f) (point d), and between 5,000 and 10,000 lei for a breach of Article 10(2)(g) and (h) (point e). Article 27(2) lets the officer who records the contravention also propose withdrawal or recall of the product, suspension of the distributor's activity, or suspension or withdrawal of the approval, agreement or authorisation to carry on the activity. The amounts are stated in lei. Government Ordinance 2/2001 applies to the contraventions (Article 27(7)). Article 27(1) applies only where the act is not committed in such conditions that it is a criminal offence under criminal law. An offender may pay half the minimum fine within 15 days of receiving or being notified of the record of the contravention (Government Ordinance 2/2001, Article 28(1)).
- Rule
- Fixed only
- As of
- Minimum
- 5,000
- Currency
- RON
- Fixed cap
- 15,000
Who enforces it
Enforcement body
The market surveillance authority is ANPC for consumer hardware systems and operating systems, terminal equipment and e-readers (Article 19(1)(a)), and the Ministry of Economy for self-service payment terminals and the other self-service terminals of Article 2(2) (Article 19(1)(b))
What this law does
Article 10(1) requires a distributor, to make a product available on the market, to make sure that it meets the accessibility requirements of Annex 1. Article 10(2)(a) to (c) require a distributor, before making a product available, to check the CE marking, the documents of Article 7(2) and the instructions and safety information in Romanian, and that the manufacturer and importer met the identification duties.
Article 10(2)(d) requires a distributor that considers or has reason to believe that a product does not meet the accessibility requirements to inform the manufacturer or importer and the authorities and not to make the product available until it is compliant. Article 10(2)(e) requires a distributor to ensure that, while a product is its responsibility, storage or transport conditions do not jeopardise its conformity with the accessibility requirements.
Article 10(2)(f) requires a distributor that considers that a product it made available does not meet the accessibility requirements to inform the authorities at once and to ensure that corrective measures are taken or the product is withdrawn. Article 10(2)(g) and (h) require a distributor to supply an authority, on a reasoned request, all information and documentation needed to show conformity, and to cooperate with it.
Article 3(1) point 13 defines an economic operator as the manufacturer, the authorised representative, the importer, the distributor or the service provider. Article 27(1) makes the acts it lists contraventions unless they were committed in such conditions that, under criminal law, they are criminal offences. Article 27(1)(a) fines a distributor that breaches Article 10(1) between 6,000 and 12,000 lei.
Article 27(1)(c) fines a distributor that breaches Article 10(2)(a) to (c) between 7,000 and 15,000 lei. Article 27(1)(d) fines a distributor that breaches Article 10(2)(d) to (f) between 7,000 and 15,000 lei. Article 27(1)(e) fines a distributor that breaches Article 10(2)(g) and (h) between 5,000 and 10,000 lei. Article 19(1)(a) and (b) name ANPC and the Ministry of Economy as the market surveillance authorities for the products.
Article 19(2) applies Articles 15(3), 16 to 19, 21, 23 to 28 and 29(2) and (3) of Regulation (EC) No 765/2008 to the products. Article 39(2) of Regulation (EU) 2019/1020 has references to the deleted provisions of Regulation (EC) No 765/2008 construed as references to the provisions of Regulation (EU) 2019/1020, read in accordance with the correlation table in its Annex III.
The correlation table in Annex III of Regulation (EU) 2019/1020 matches the second subparagraph of Article 19(1) of Regulation (EC) No 765/2008 to Article 14(4), points (a), (b), (e) and (j), of Regulation (EU) 2019/1020. The correlation table matches Article 21(1) to (3) of Regulation (EC) No 765/2008 to Article 18(1) to (3) of Regulation (EU) 2019/1020.
Article 14(4)(a) and (b) of Regulation (EU) 2019/1020 give market surveillance authorities at least the power to require economic operators to provide relevant documents, technical specifications, data or information on compliance and technical aspects of the product, including access to embedded software, and information on the supply chain, the distribution network and the quantities of products on the market.
Article 14(4)(e) of Regulation (EU) 2019/1020 gives them the power to enter any premises, land or means of transport that the economic operator uses for its trade, business, craft or profession, to identify non-compliance and to obtain evidence. Article 14(4)(j) of Regulation (EU) 2019/1020 gives them the power to acquire product samples, including under a cover identity, to inspect those samples and to reverse-engineer them.
Article 18(3) of Regulation (EU) 2019/1020 gives the economic operator the opportunity to be heard within an appropriate period of not less than 10 working days before a measure, decision or order is taken, unless the urgency of the measure makes that impossible. Article 20(2) has the authorities require the economic operator to take all corrective action to bring a non-compliant product into conformity within a reasonable period that they set, proportionate to the nature of the non-compliance.
Article 20(3) has the authorities require the operator to withdraw the product within a further reasonable period only where it has not taken adequate corrective action within the first period. Article 20(6) requires the economic operator to ensure that all corrective action is taken for all the products concerned that it made available on the market in the European Union.
Article 22(1) has the authorities require the operator to end a formal non-compliance where the CE marking was affixed in breach of Article 30 of Regulation (EC) No 765/2008 or of Article 18 or was not affixed, the EU declaration of conformity was not drawn up or not drawn up correctly, the technical documentation is unavailable or incomplete, the information of Article 7(2)(g) or Article 9(2)(f) is missing, false or incomplete, or any other administrative requirement of Article 7 or 9 is not met.
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