Act on accessibility requirements for products and services, exemptions, presumption of conformity and transitional periods
Legea nr. 232/2022 art. 14, 15, 16 alin. (1), art. 19 alin. (3), art. 24 alin. (2) și art. 29 privind cerințele de accesibilitate aplicabile produselor și serviciilor
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
- The accessibility requirements of points 1 to 4 of Annex 1 apply to a product or service only so far as compliance does not require a significant change that fundamentally alters its basic nature and does not impose a disproportionate burden on you (Art. 14(1); implements Directive (EU) 2019/882, Art. 14(1)).
- If you are a manufacturer, authorised representative, importer, distributor or service provider that relies on that limit, carry out the assessment of fundamental alteration or disproportionate burden on the criteria of Annex 6, keep the result for five years from the last time you made a product available or provided the service, and send a copy to the authorities of Article 19(1) on request (Art. 14(2) and (3)).
- If you are not a microenterprise and rely on Article 14(1) for a product or service, send information to that effect to the authorities of Article 19(1), or to the responsible authorities of the Member State where the product is placed on the market or the service is provided (Art. 14(7)).
- If you provide a service and rely on the disproportionate-burden limit, renew the assessment for each category or type of service when the service is changed, when the authorities ask, and at least every five years (Art. 14(5)); you cannot rely on the limit for a requirement where you received funding from a source other than your own resources to improve accessibility (Art. 14(6)).
- A microenterprise that deals with products need not keep the assessment for five years, but must give the relevant assessment data to an authority of Article 19(1) that asks for it where it applies Article 14(1) (Art. 14(4)).
- If you rely on the Article 14 exemption for a product, state in the EU declaration of conformity the accessibility requirements that the exemption covers (Art. 16(1)).
- A product or service that meets the national standards of other Member States adopting harmonised standards, or technical specifications, is treated as meeting the accessibility requirements to the extent those standards or specifications cover them (Art. 15).
- A product or service whose features, elements or functions meet the requirements of point 6 of Annex 1 is treated as meeting the relevant accessibility obligations of other acts of the European Union for those features, elements and functions, unless those acts provide otherwise (Art. 24(2); implements Directive (EU) 2019/882, Art. 24(2)).
- Until you may keep providing services with the products you used to provide similar services before that date, and service contracts concluded before stay valid without changes until they expire, for no more than five years from that date (Art. 29(1); Directive (EU) 2019/882, Art. 32(1)). Self-service terminals you used to provide services before may be used for similar services for no more than 20 years after they came into use (Art. 29(2); Directive (EU) 2019/882, Art. 32(2)).
These lines are LexLint's reading of the law's text.
Who enforces it
Enforcement body
The authorities of Article 19(1) check that the Article 14 assessment was carried out, examine it including the use of the Annex 6 criteria, and verify conformity with the accessibility requirements (Article 19(3))
What this law does
Article 14(1) lifts the accessibility requirements of points 1 to 4 of Annex 1 only so far as compliance would require a significant change that fundamentally alters the basic nature of a product or service, or would impose a disproportionate burden on the economic operators concerned. Article 14(2) requires economic operators to assess whether compliance would bring a fundamental alteration or, on the criteria of Annex 6, a disproportionate burden.
Article 14(3) requires economic operators to keep the results of the assessment for five years from the last making available of a product or the last provision of a service, and to send a copy to the authorities on request. Article 14(4) relieves microenterprises that deal with products of the five-year retention duty but requires them to supply the relevant assessment data when an authority asks.
Article 14(5) requires service providers to renew the disproportionate-burden assessment for each category or type of service when the service is changed, when the authorities ask, and at least every five years. Article 14(6) denies the disproportionate-burden defence to an operator that receives funding from sources other than its own resources, public or private, to improve accessibility.
Article 14(7) requires economic operators other than microenterprises that rely on Article 14(1) for a product or service to send information to that effect to the authorities. Article 16(1) requires the EU declaration of conformity to state the accessibility requirements that are subject to the Article 14 exemption.
Article 19(3) has the authorities check that the Article 14 assessment was carried out, examine it including the use of the Annex 6 criteria, and verify conformity with the accessibility requirements. Article 15 treats products and services that meet the national standards of other Member States adopting harmonised standards, or technical specifications, as complying with the accessibility requirements to the extent those standards or specifications cover them.
Article 29(1) lets service providers keep providing services until with products they used for similar services before that date. Article 29(1) keeps service contracts concluded before valid without changes until they expire, but for no more than five years from that date. Article 29(2) lets service providers keep using self-service terminals that they used to provide services before for similar services, for no more than 20 years after they came into use.
Article 24(2) treats a product or service whose features, elements or functions meet the requirements of point 6 of Annex 1 as meeting the relevant accessibility obligations of other acts of the European Union for those features, elements and functions, unless those acts provide otherwise.
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