RomaniaAct on accessibility requirements for products and services, products: duties of manufacturers and authorised representatives
Legea nr. 232/2022 art. 2 alin. (1)-(2), art. 4 alin. (1)-(2), art. 7-8, 11-12 și 16-18, anexele nr. 1 (pct. 1-2) și 4 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
- If you manufacture a product listed in Article 2(1) or (2) (a consumer general purpose hardware system or its operating system, consumer terminal equipment with interactive computing capability for electronic communications or for access to audiovisual media services, an e-reader, or a self-service payment, banking, ticketing, check-in or information terminal other than one installed as an integrated component of a vehicle, aircraft, ship or rolling stock) and place it on the market after , design and make it to the accessibility requirements of points 1 and 2 of Annex 1 (Art. 4(1) and 7(1); implements Directive (EU) 2019/882, Art. 4(1) and (2) and Art. 7(1)); the self-service payment terminals of Article 2(1)(e) and the self-service terminals of Article 2(2) meet point 1 of Annex 1 only (Art. 4(2)).
- Draw up the technical documentation and carry out the conformity assessment procedure of Annex 4 (internal production control), or have it carried out (Art. 7(2)(a); Directive (EU) 2019/882, Art. 7(2)).
- Once conformity is shown, draw up the EU declaration of conformity, which names the accessibility requirements that a fundamental-alteration or disproportionate-burden exemption covers, keep it up to date and write or translate it into Romanian for products placed on the Romanian market, and affix the CE marking visibly, legibly and persistently before the product is placed on the market; where several acts of the European Union require a declaration, draw up a single one that names them (Art. 7(2)(b), 16 to 18).
- Keep the technical documentation and the declaration for five years from placing the product on the market (Art. 7(2)(c)).
- Keep procedures that guarantee that series production stays in conformity, and take account of changes in design, in product characteristics and in the standards or technical specifications on which conformity is declared (Art. 7(2)(d) and (e)).
- Mark the product, its packaging or an accompanying document with the type and batch, serial or other identification, with your name, registered trade name or trademark and a single postal address of contact, and give the contact data in Romanian (Art. 7(2)(f) and (g)).
- Supply the product with instructions and safety information in Romanian that are clear, understandable and intelligible, as are any printed labels (Art. 7(2)(h)).
- If a product you placed on the market does not meet the accessibility requirements, take the corrective measures needed at once to bring it into conformity or withdraw it, inform the authorities of Article 19(1) immediately with detailed information, and keep a register of those products and the related complaints (Art. 7(2)(i); Directive (EU) 2019/882, Art. 7).
- On the reasoned request of an authority of Article 19(1), supply information and documents in Romanian showing that the product meets points 1 and 2 of Annex 1, and cooperate with it in any action to remove the non-conformity (Art. 7(2)(j) and (k)).
- 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; Directive (EU) 2019/882, Art. 12).
- If you appoint an authorised representative, give the mandate in writing: the obligations and the drawing up of the technical documentation under Article 7(2)(a) cannot form part of it, and the representative performs at least the duties of Article 7(2)(c), (j) and (k) (Art. 8).
- An importer or distributor that places a product on the market under its own name or trademark, or modifies a product already on the market in a way that may affect conformity, takes 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 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 manufacturer between 6,000 and 12,000 lei for a breach of Article 7(1) (point a) or Article 7(2)(a) to (e) (point b), between 7,000 and 15,000 lei for a breach of Article 7(2)(f) to (h) (point c) or Article 7(2)(i) (point d), and between 5,000 and 10,000 lei for a breach of Article 7(2)(j) and (k) (point e). Article 27(3) fines inadequate application of the conformity marking by a manufacturer or its authorised representative between 2,500 and 5,000 lei and adds withdrawal from the market or a ban on making the products available. Article 27(2) lets the officer who records the contravention also propose withdrawal or recall of the product, suspension of the manufacturer'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. Article 27 names no contravention for a breach of Article 8 or Article 12. 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
- 2,500
- 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 2(1) applies the Act to products placed on the market after : consumer general purpose hardware systems and their operating systems, consumer terminal equipment with interactive computing capability used for electronic communications services or for access to audiovisual media services, e-readers and self-service payment terminals.
Article 2(2) lists the self-service terminals for the provision of services as automated teller machines, ticketing machines, check-in machines and interactive self-service information terminals, other than terminals installed as integrated components of vehicles, aircraft, ships or rolling stock. Annex 1 point 1.2 requires a product, including its user interface, to contain features, elements and functions that let persons with disabilities access, perceive, use, understand and control it.
Annex 1 point 1.1 requires the information on the use of the product given on the product itself to be available through more than one sensory channel and presented in an understandable way. Article 4(1) allows economic operators to place on the market only products that meet the accessibility requirements of points 1 and 2 of Annex 1. Article 4(2) holds the self-service payment terminals of Article 2(1)(e) and the self-service terminals of Article 2(2) to point 1 of Annex 1 only.
Article 7(1) requires manufacturers to ensure that products are designed and made, when placed on the market, to the accessibility requirements of points 1 and 2 of Annex 1. Article 7(2) requires manufacturers to draw up the technical documentation and carry out the conformity assessment procedure of Annex 4, or have it carried out.
Article 7(2) requires an EU declaration of conformity and the CE marking once conformity with the applicable accessibility requirements has been shown, and keeping those documents for five years from placing the product on the market. Article 7(2)(g) and (h) require the manufacturer to give contact data in Romanian and to supply the product with instructions and safety information in Romanian.
Article 7(2)(i) requires a manufacturer whose product does not meet the accessibility requirements to take the corrective measures needed or withdraw it, to inform the authorities of Article 19(1) at once, and to keep a register of such products and related complaints. Article 8 lets a manufacturer appoint an authorised representative by written mandate, and the representative performs at least the duties of Article 7(2)(c), (j) and (k).
Article 11 treats an importer or distributor as a manufacturer when it places a product on the market under its own name or trademark or modifies a product already on the market in a way that may affect conformity. Article 12 requires economic operators to identify, on request, the operator that supplied them a product and the operator they supplied, and to keep that information for five years.
Article 18(1) requires the CE marking to be affixed visibly, legibly and persistently on the product or its data plate. Article 16(2) requires the EU declaration of conformity to contain the elements of Annex 4, to be kept up to date and to be drawn up in or translated into Romanian for products placed or made available on the Romanian market.
Article 16(3) requires a single EU declaration of conformity, naming the acts concerned and their publication references, where a product falls under several acts of the European Union that require one. Article 19(1)(a) names ANPC as the market surveillance authority for the products of Article 2(1) points (a) to (d). Article 19(1)(b) names the Ministry of Economy as the market surveillance authority for self-service payment terminals and the self-service terminals of Article 2(2).
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. Regulation (EU) 2019/1020 deletes Chapter III of Regulation (EC) No 765/2008, which contains Articles 15 to 29. Regulation (EU) 2019/1020 applies from .
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 20(7) has the authorities prohibit or restrict the making available of the product on the Romanian market, or withdraw it, where the operator does not take the corrective measures required.
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.
Article 22(2) has the authorities restrict or prohibit the making available of a product, or have it recalled or withdrawn, where a formal non-compliance of Article 22(1) persists. 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 manufacturer that breaches Article 7(1) between 6,000 and 12,000 lei.
Article 27(1)(b) fines a manufacturer that breaches Article 7(2)(a) to (e) between 6,000 and 12,000 lei. Article 27(1)(c) fines a manufacturer that breaches Article 7(2)(f) to (h) between 7,000 and 15,000 lei. Article 27(1)(d) fines a manufacturer that breaches Article 7(2)(i) between 7,000 and 15,000 lei. Article 27(1)(e) fines a manufacturer that breaches Article 7(2)(j) and (k) between 5,000 and 10,000 lei.
Article 27(3) fines a manufacturer or its authorised representative that applies the conformity marking inadequately between 2,500 and 5,000 lei and adds withdrawal from the market or a ban on making the incorrectly marked products available.
Article 27(2) lets the officer who records the contravention propose, together with the fine, withdrawal or recall of the product, suspension of the activity of the manufacturer, distributor or importer, or suspension or withdrawal of the approval, agreement or authorisation to carry on the activity. Article 27(7) applies Government Ordinance 2/2001 on the legal regime of contraventions to the contraventions of Article 27(1) and (3).
Article 26(1) lets consumers, and public bodies, associations and other private legal entities acting for or in support of a complainant with its agreement, apply to the courts or to the authorities of Article 19(1) about an operator's non-compliance.
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