The Principle of Free Movement

Article 6 of the European Accessibility Act establishes a key principle regarding the free movement of accessible products and services within the European Union:

"Member States shall not impede, for reasons related to accessibility requirements, the making available on the market in their territory of products or the provision of services in their territory that comply with this Directive."

This provision ensures that once products and services meet the accessibility requirements set out in the Directive, they can freely circulate throughout the EU market without facing additional barriers related to accessibility.

Harmonization and Single Market

The free movement principle is a cornerstone of the EU's single market. By harmonizing accessibility requirements across all Member States, the European Accessibility Act facilitates:

  • Cross-border trade in accessible products and services
  • Greater legal certainty for economic operators
  • Economies of scale in the production of accessible products
  • Increased competitiveness of EU businesses
  • Wider choice and better prices for consumers with disabilities

Eliminating Market Barriers

Prior to the European Accessibility Act, divergent national accessibility requirements created significant barriers for economic operators. Manufacturers and service providers had to:

  • Understand and comply with different sets of requirements in each Member State
  • Adapt products and services for each national market
  • Bear additional costs for compliance with multiple regulatory regimes
  • Navigate complex legal frameworks when operating across borders

By establishing a common set of accessibility requirements, the European Accessibility Act removes these barriers, allowing economic operators to:

  • Design and manufacture products for the entire EU market
  • Provide services across Member States with legal certainty
  • Reduce compliance costs and administrative burdens
  • Focus resources on innovation rather than regulatory compliance

CE Marking and Free Movement

For products covered by the European Accessibility Act, the CE marking plays a crucial role in facilitating free movement. When a manufacturer affixes the CE marking to a product, they declare that:

  • The product complies with all applicable accessibility requirements
  • An appropriate conformity assessment has been carried out
  • The product can be legally placed on the market throughout the EU

This system of CE marking provides a visible indication of compliance, simplifying market surveillance and enabling free movement of accessible products across the EU.