SloveniaAct on the Accessibility of Products and Services for Persons with Disabilities (ZDPSI), importers and distributors of products (Articles 17 to 20, 22(2) and 34)
ZDPSI 17. do 20., 22. (2.) in 34. člen (uvozniki in distributerji), Zakon o dostopnosti do proizvodov in storitev za invalide, Uradni list RS, št. 14/23 in 14/26
In force since .
An accessibility requirements rule binding public and private bodies.
What it requires
- As importer, place on the market only products that conform to the Act; before doing so ensure that the manufacturer carried out the conformity assessment and prepared the technical documentation, that the product bears the CE marking and carries the required documents, that your name, trade name or mark and contact details appear on it, that the instructions and safety information are in a language consumers understand, and that storage and transport do not jeopardise conformity; keep the EU declaration of conformity and the technical documentation available to the authorities for five years (Art. 17(1)-(2)).
- If you consider a product non-conforming, do not place it on the market until it conforms and inform the manufacturer and the market surveillance authority (Art. 17(3)); if it is already on the market, take corrective action or withdraw it, inform the authorities of the States concerned and keep a register of non-conforming products and complaints (Art. 17(4)); on request give the authority the information and documentation in a language it understands and cooperate (Art. 17(5)).
- As distributor, before making a product available check the CE marking, the accompanying documents, the instructions and safety information in a language users understand, that the manufacturer and importer have met their marking duties, and that storage or transport does not jeopardise conformity (Art. 18(1)); do not make a non-conforming product available and inform the manufacturer or importer and the authorities (Art. 18(2)); ensure corrective action or withdrawal and at once inform the authorities of the States where you made it available (Art. 18(3)); give the authority the information it asks for and cooperate (Art. 18(4)).
- If you place a product on the market under your own name or trademark, or modify a product already on the market so that conformity may be affected, you carry the manufacturer's duties of Art. 15 (Art. 19).
- On the request of the market surveillance authority, name every economic operator that supplied you with the product, or that you supplied, in the five years from the supply (Art. 20).
- Whether or not the manufacturer relies on it, if you rely on the fundamental alteration or disproportionate burden limit of Art. 22(1) yourself, carry out and keep your own assessment and notify the authority (Art. 22(2)-(3), (9)); a microenterprise dealing with products need not keep or produce the assessment unless it chose to meet the requirements of Art. 22(1) (Art. 22(4)).
These lines are LexLint's reading of the law's text.
If you get it wrong
Penalty structure
Article 34(1) fines an importer that is a legal person EUR 3,000 to EUR 40,000, and Article 34(2) fines an importer that is a sole trader or self-employed individual EUR 2,000 to EUR 15,000, for the offences listed there (products not conforming or not assessed, missing documentation or declaration, wrong marking, failure to correct, withdraw, record or cooperate, and failure to identify other economic operators on request). Article 34(3) fines the responsible person EUR 1,200 to EUR 4,000. A distributor or user that is a legal person is fined EUR 1,200 to EUR 3,000 (Article 34(4)), a distributor or user that is a sole trader or self-employed individual EUR 800 to EUR 3,000 (Article 34(5)), and its responsible person EUR 200 to EUR 400 (Article 34(6)). Article 41 lets the offence authority in the expedited procedure impose a fine above the statutory minimum. The Act states each tier in euros, within the ranges that Article 17(2) of the Minor Offences Act (ZP-1) allows, and no general provision multiplies a ceiling for a company. The minimum stated here is the lowest legal-person tier on this row, that of a distributor (Article 34(4)).
- Rule
- Fixed only
- As of
- Minimum
- 1,200
- Currency
- EUR
- Fixed cap
- 40,000
Who enforces it
Enforcement body
Market Inspectorate of the Republic of Slovenia (Tržni inšpektorat Republike Slovenije, TIRS) supervises the products of Article 3(1) (Art. 26(2)).
What it reaches
Instrument type
an act of a legislature
Applicability criteria
The microenterprise exemption of Article 4(2) reaches services only, so a microenterprise importer or distributor stays bound.
- As of
- Combinator
- Any of
- Criteria
- an importer or distributor of a product listed in Article 3(1) of the Act (a consumer general purpose computer hardware system or an operating system for one, a payment terminal, an ATM, ticketing machine, check-in machine or interactive self-service information terminal, consumer terminal equipment with interactive computing capability used for electronic communications services or for access to audiovisual media services, or an e-reader)
What this law does
Article 9 of the Directive sets the obligations of importers. Article 10 of the Directive sets the obligations of distributors. Article 11 of the Directive provides for the cases in which the obligations of manufacturers apply to importers and distributors. Article 12 of the Directive provides for the identification of economic operators dealing with products. Article 17(1) allows an importer to place on the market only products that conform to the Act.
Before placing a product on the market the importer must ensure that the manufacturer carried out the conformity assessment and prepared the technical documentation, that the product bears the CE marking and carries the required documents, and that the instructions and safety information are in a language consumers understand.
The importer must also ensure that storage or transport does not jeopardise conformity and keep the EU declaration of conformity and the technical documentation available to the authorities for five years. An importer that considers a product non-conforming must not place it on the market until it conforms and must inform the manufacturer and the market surveillance authority.
An importer that considers a product it has placed on the market non-conforming must take corrective action or withdraw it, inform the authorities of the States where it was made available, and keep a register of non-conforming products and complaints. Article 17(5) requires the importer to give the market surveillance authority, on request, all the information and documentation needed to show conformity, in a language the authority understands, and to cooperate in remedying non-conformity.
Before making a product available a distributor must check the CE marking, the accompanying documents and the instructions and safety information in a language users understand, and that storage or transport does not jeopardise conformity. A distributor that considers a product non-conforming must not make it available until it conforms and must inform the manufacturer or importer and the market surveillance authorities.
A distributor that considers a product it has made available non-conforming must ensure corrective action or withdrawal and at once inform the authorities of the States where it made the product available. Article 18(4) requires the distributor to give the authority, on request, all the information and documentation needed to show conformity and to cooperate in remedying non-conformity.
An importer or distributor counts as the manufacturer, with the duties of Article 15, where it places a product on the market under its own name or trademark or modifies a product already on the market so that conformity may be affected. On the request of a market surveillance authority, economic operators must identify every other economic operator that supplied them with a product or that they supplied, for five years from the supply.
Article 5 point 11 defines an economic operator as the manufacturer, authorised representative, importer, distributor or service provider. Article 22(2) makes each economic operator carry out its own assessment of whether compliance would mean a fundamental alteration or a disproportionate burden. Article 22(4) relieves microenterprises dealing with products of the duty to keep and produce that assessment unless they chose to meet the requirements of Article 22(1).
Article 34(4) fines a legal person that acts as distributor or user of the product EUR 1,200 to EUR 3,000 for the offences of Article 34(1). Article 34(5) fines a sole trader or self-employed individual who acts as distributor or user EUR 800 to EUR 3,000. Article 34(6) fines the responsible person of such a distributor or user EUR 200 to EUR 400.
When LexLint raises it
When your app profile says your app distributes a software product.
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