Lag (2023:254) om vissa produkters och tjänsters tillgänglighet (Act on the accessibility of certain products and services), market surveillance, supervision, orders, vite, sanction fees and appeals

Section 28 of the Act makes the authority the Government designates the market surveillance authority. Section 25 of the Ordinance provides that PTS is the market surveillance authority under section 28 of the Act.

Section 28 second paragraph applies, in the market surveillance of products, Articles 2(3), 10(1), 10(2), 10(5), 10(6), 11(2), 11(3), 11(5), 11(7), 13, 14(1), 14(2), 16(3)(g), 16(5), 17, 18, 22, 25(2) to 25(4), 26(1), 26(2), 27, 28(2), 28(3), 31(2)(f), (g), (m) and (o), 34(3)(a) and 34(4) of Regulation (EU) 2019/1020.

Section 28 names those articles as the powers of market surveillance authorities (Article 14(1) and (2)), market surveillance measures (Article 16(3)(g) and 16(5)), the procedural rights of economic operators (Article 18), controls of products entering the Union market (Article 25(2) to (4)), suspension of release for free circulation (Article 26(1) and (2)), release for free circulation (Article 27) and refusal of release for free circulation (Article 28(2) and (3)).

Section 29 gives the market surveillance authority, under Regulation (EU) 2019/1020, the power to require economic operators dealing with products to provide documents, specifications, data or information under Article 14(4)(a) and (b), to enter premises, land or means of transport under Article 14(4)(e), and to obtain, inspect and dismantle product samples under Article 14(4)(j).

Section 30 makes the authority the Government designates the supervisory authority for services covered by the Act and has it supervise compliance with the Act, rules made under it and directly applicable acts adopted under Directive (EU) 2019/882. Section 28 of the Ordinance makes PTS the supervisory authority for electronic communications services, banking services and e-commerce services, and requires it to coordinate a supervisory matter that may concern several supervisory authorities.

Section 29 of the Ordinance makes the Swedish Media Authority (Mediemyndigheten) the supervisory authority for services giving access to audiovisual media services. Section 30 of the Ordinance makes the Swedish Agency for Accessible Media (Myndigheten för tillgängliga medier) the supervisory authority for e-book services.

Section 31 of the Ordinance makes the Swedish Consumer Agency (Konsumentverket) the supervisory authority for the websites, mobile services and electronic tickets of passenger transport services, and the Swedish Transport Agency (Transportstyrelsen) the supervisory authority for travel information and self-service terminals. Section 32 of the Ordinance lets the Swedish Transport Agency set fees for its supervision under the Act.

Section 32 of the Act requires a market surveillance authority or supervisory authority that finds a product or service does not meet the requirements to call on the responsible economic operators to remedy the deficiency within a set time, and lets it order the measures needed if they do not, with a market surveillance authority's decision reviewed after three months.

Section 34 lets a market surveillance authority or supervisory authority order the measures needed for the requirements of the Act, rules made under it and directly applicable acts adopted under the Directive to be met. Section 35 lets a decision under sections 32 to 34 be backed by a vite, a coercive penalty.

Section 3 of the Vite Act (1985:206) requires a vite to be set at a fixed amount that, given what is known of the addressee's finances and the circumstances, can be expected to make the addressee comply, and section 4 allows a running vite per period or per breach. Section 6 of the Vite Act has the administrative court decide whether to impose a vite, on application by the authority that issued the order.

Section 36 requires the Police Authority to give the help needed on request from the market surveillance authority or supervisory authority for measures under section 29 or 30, in the cases the section states. Section 37 of the Act allows a market surveillance authority or a supervisory authority to order an economic operator to pay a sanction fee for breach of sections 6, 8, 11 to 13, 15 to 17 or 19 to 26, section 28 second paragraph point 6, or rules made under them.

Section 37 provides that no sanction fee is imposed in a minor case and that a fee may not be decided later than five years from the time the breach ended. Section 38 bars a sanction fee where the breach is covered by a vite order and forms the basis of an application to impose the vite. Section 39 sets the sanction fee at not less than SEK 10,000 and not more than SEK 10,000,000.

Section 27 excludes the provisions on sanction fees for a person responsible for the content of an e-book who is not a service provider. Section 40 requires the fee to be paid within thirty days of the decision becoming final, sends an unpaid fee for collection, and lets the fee lapse where it has not been enforced within five years.

Section 33 of the Ordinance provides that a sanction fee decided under section 37 of the Act is paid to the Legal, Financial and Administrative Services Agency (Kammarkollegiet). Section 41 of the Act allows a decision under the Act to be appealed to the general administrative court, except a call under section 32 first paragraph or section 33 first paragraph, and requires leave to appeal to the administrative court of appeal.

The Swedish Media Authority states that its supervision includes review of services and the handling of incoming complaints. The Swedish Media Authority states that its supervision can be pursued only to the extent possible under the current constitutional rules on freedom of the press and freedom of expression.