Act on the Accessibility of Products and Services for Persons with Disabilities (ZDPSI), supervision, market surveillance powers, complaints and costs (Articles 25.a to 33 and 41)

Article 29(2) of the Directive requires means by which a consumer may take action before the courts or competent administrative bodies to ensure compliance with the transposing provisions. Article 30(1) of the Directive requires Member States to lay down rules on penalties for infringements of the transposing provisions. Article 26(1) applies a list of provisions of Regulation (EU) 2019/1020 to the market surveillance of products, among them points (a), (b), (e) and (j) of Article 14(4).

Point (a) of Article 14(4) of that Regulation gives market surveillance authorities the power to require economic operators to provide relevant documents, technical specifications, data or information on compliance. Point (b) of Article 14(4) gives the power to require information on the supply chain, the distribution network and quantities of products on the market.

Point (e) of Article 14(4) gives the power to enter any premises, land or means of transport that the economic operator uses for its trade, business, craft or profession in order to identify non-compliance and obtain evidence. Point (j) of Article 14(4) gives the power to acquire product samples, including under a cover identity, to inspect and reverse-engineer them to identify non-compliance.

Point (g) of Article 16(3) of Regulation (EU) 2019/1020, which Article 26(1) also applies, lets the corrective action required of an economic operator include alerting the end users at risk immediately and in an appropriate form.

Article 16(5) of that Regulation requires the authorities, where the economic operator fails to take corrective action or the non-compliance persists, to ensure that the product is withdrawn or recalled or that its being made available on the market is prohibited or restricted. Article 26(2) makes the Market Inspectorate (TIRS) the supervisor of the products covered by the Act.

Article 26(3) requires TIRS, on a consumer’s request, to give understandable information on the product’s compliance with the accessibility conditions and on the economic operator’s Article 22(2) assessment, unless confidentiality prevents it. Article 27 has TIRS demand corrective action within a reasonable period, or withdrawal or recall, from the economic operator of a non-conforming product, and demand withdrawal within an additional period if no corrective action is taken.

Article 27.a, inserted by the ZDPSI-A with effect from 25 February 2026, requires TIRS, where an economic operator relies on Article 22, to check that the operator made the assessment, to review the assessment and its results including the correct use of the criteria of the implementing rules, and to check compliance with the accessibility requirements.

Article 29 lets TIRS require the correction of formal non-conformities, such as a missing or wrongly affixed CE marking, a missing EU declaration of conformity or technical documentation, or missing name and contact details, without the Article 27 procedure.

Article 30 assigns the supervision of services to AKOS for electronic communications, services giving access to audiovisual media services, e-books and emergency communication, to the Maritime Administration and TIRS for waterborne transport, to the Civil Aviation Agency for air transport, to the Infrastructure Inspectorate for bus transport, to three inspectorates for rail, to the Bank of Slovenia, TIRS, the Information Commissioner and the Securities Market Agency for consumer banking, and to TIRS for e-commerce.

Article 31 requires the compliance authority for services to check compliance of services, handle complaints and reports of non-compliance, and verify that the obliged party has taken the necessary corrective action. Article 25.a, inserted by the ZDPSI-A, lets a consumer start proceedings before the competent authorities and seek judicial protection before the competent courts for non-conformity of products and services.

Article 25.a also lets legal persons of public or private law with a legal interest take part in any procedure on behalf of or in support of the person seeking legal protection, with that person's approval.

Article 32(1) gives the supervisory authorities powers to demand information and compliance documents, to test products, to take samples free of charge, to prohibit or restrict placing on the market or order withdrawal or recall, to prohibit or restrict use, to suspend supply temporarily while checks run, and to order destruction where necessary to protect life, health, property or the environment.

Article 32.a, inserted by the ZDPSI-A, makes the AKOS staff authorised by the competent minister the persons who carry out AKOS supervision, run the administrative procedure and issue decisions. Article 33(2) makes the economic operator that made available or placed on the market a product that does not conform to the Act bear the costs of the supervision procedure. Article 41 allows a fine above the statutory minimum in the expedited offence procedure.

Article 298(3) of the General Administrative Procedure Act (ZUP) limits the first coercive fine that an authority enforcing a non-monetary obligation of a decision may impose to EUR 1,000, and lets each later coercive fine be imposed again up to that amount.