RomaniaAct on accessibility requirements for products and services, products: duties of importers
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 import into the Union a product listed in Article 2(1) or (2) and place it on the market after , place on the market only a product that meets the accessibility requirements of points 1 and 2 of Annex 1 (Art. 9(1); implements Directive (EU) 2019/882, Art. 9(1)).
- Before placing the product on the market, make sure that the manufacturer carried out the conformity assessment procedure of Annex 4, drew up the technical documentation, applied the CE marking, supplied the documents of Article 7(2), and marked the product with its type or batch identification and its contact data (Art. 9(2)(a) to (d)).
- If you consider or have reason to believe that a product does not meet the accessibility requirements, inform the manufacturer, the authorities of Article 19(1) and the authorities of the Member States where it is made available, and do not place it on the market until it is compliant (Art. 9(2)(e)).
- Indicate your name, registered trade name or trademark and address on the product or, where that is not possible, on the packaging or an accompanying document, with the contact data in Romanian (Art. 9(2)(f)).
- Keep a copy of the EU declaration of conformity at the disposal of the authorities for five years and make sure the technical documentation can be made available to them on request (Art. 9(2)(g)).
- If you consider or have reason to believe that a product you placed on the market does not meet the accessibility requirements, inform the authorities of Article 19(1) and those of the Member States where it is made available at once, state the non-conformity and the corrective measures, keep a register of non-compliant products and related complaints, and take the corrective measures at once or withdraw the product (Art. 9(2)(h)).
- On the reasoned request of an authority of Article 19(1), supply all information and documentation in Romanian needed to show the product's conformity, and cooperate with it in any action to remove the non-conformity (Art. 9(2)(i) and (j)).
- 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 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 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, importers included; before placing the product on the market, check that the manufacturer carried out the conformity assessment of Annex 4, whose technical documentation must show any reliance on Article 14, and supplied the EU declaration of conformity, which names the requirements the exception covers (Art. 9(2)(a) to (c), 14(2) and (3), 16(1); Annex 4, point 2.1).
- 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 an importer between 6,000 and 12,000 lei for a breach of Article 9(1) (point a) or Article 9(2)(a) to (d) (point b), between 7,000 and 15,000 lei for a breach of Article 9(2)(f) and (g) (point c) or Article 9(2)(e) and (h) (point d), and between 5,000 and 10,000 lei for a breach of Article 9(2)(i) and (j) (point e). Article 27(2) lets the officer who records the contravention also propose withdrawal or recall of the product, suspension of the importer'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 9(1) allows importers to place on the market only products that meet the accessibility requirements of points 1 and 2 of Annex 1. Article 9(2)(a) to (d) require an importer, before placing a product on the market, to make sure that the manufacturer carried out the conformity assessment, drew up the technical documentation, applied the CE marking and supplied the documents, and met the identification and contact duties of Article 7(2)(f) and (g).
Article 9(2)(e) requires an importer that considers or has reason to believe that a product does not meet the accessibility requirements to inform the manufacturer and the authorities and not to place the product on the market until it is compliant. Article 9(2)(f) requires an importer to indicate its name, registered trade name or trademark and address on the product, packaging or accompanying document, with the contact data in Romanian.
Article 9(2)(g) requires an importer to keep a copy of the EU declaration of conformity at the disposal of the authorities for five years and to ensure that the technical documentation can be made available to them on request.
Article 9(2)(h) requires an importer that considers that a product it placed on the market does not meet the accessibility requirements to inform the authorities at once, keep a register of non-compliant products and complaints, and take the corrective measures or withdraw the product. Article 9(2)(i) and (j) require an importer to supply an authority, on a reasoned request, all information and documentation in Romanian showing 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 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. 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.
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 an importer that breaches Article 9(1) between 6,000 and 12,000 lei. Article 27(1)(b) fines an importer that breaches Article 9(2)(a) to (d) between 6,000 and 12,000 lei. Article 27(1)(c) fines an importer that breaches Article 9(2)(f) and (g) between 7,000 and 15,000 lei.
Article 27(1)(d) fines an importer that breaches Article 9(2)(e) and (h) between 7,000 and 15,000 lei. Article 27(1)(e) fines an importer that breaches Article 9(2)(i) and (j) between 5,000 and 10,000 lei. Article 27(5) has the control staff of the authorities of Article 19(1) establish the contraventions and apply the fines, those of ANPC for the products of Article 2(1) points (a) to (d) and those of the Ministry of Economy for payment terminals and the terminals of Article 2(2).
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