Obligations of Importers

Article 8 of the European Accessibility Act defines the obligations of importers. Importers play a crucial role in the supply chain as they are the economic operators who place products from third countries onto the EU market.

As gatekeepers between manufacturers outside the EU and the European market, importers have the responsibility to verify that products they import comply with the accessibility requirements before making them available on the market.

Importers shall place only compliant products on the market. Before placing a product on the market, importers shall ensure that:

• The manufacturer has carried out the appropriate conformity assessment procedure
• The manufacturer has drawn up the required technical documentation
• The product bears the CE marking
• The product is accompanied by the required documents
• The manufacturer has complied with the requirements related to identification (name, trademark, contact details, etc.)

Where an importer considers or has reason to believe that a product is not in conformity with the applicable accessibility requirements, the importer shall not place the product on the market until it has been brought into conformity.

Furthermore, where the product presents a risk related to accessibility, the importer shall inform the manufacturer and the market surveillance authorities to that effect.

Importers shall indicate their name, registered trade name or registered trademark and the address at which they can be contacted on the product. Where that is not possible due to the size or nature of the product, importers shall provide this information:

• On the packaging
• In a document accompanying the product

The contact details must be in a language which can be easily understood by end-users and market surveillance authorities, as determined by the Member State concerned.

Importers shall ensure that the product is accompanied by instructions and safety information in a language which can be easily understood by consumers and other end-users, as determined by the Member State concerned.

They must verify that these materials are accessible, clear, understandable, and that they provide all necessary information about the product's accessibility features and how to use them.

As long as a product is under their responsibility, importers shall ensure that storage or transport conditions do not jeopardize its compliance with the applicable accessibility requirements.

This includes:

• Maintaining appropriate environmental conditions (temperature, humidity, etc.)
• Proper handling and packaging to prevent damage
• Secure storage to maintain product integrity
• Ensuring accessibility features remain functional during transport and storage

When deemed appropriate with regard to the risks presented by a product, importers shall:

• Carry out sample testing of marketed products
• Investigate complaints related to non-conforming products
• Keep a register of such complaints
• Maintain records of non-conforming products
• Document product recalls
• Keep distributors informed of any such monitoring

Importers who consider or have reason to believe that a product which they have placed on the market is not in conformity with this Directive shall:

• Immediately take the corrective measures necessary to bring that product into conformity
• Withdraw the product from the market, if appropriate
• Recall the product, if appropriate

Furthermore, where the product presents a risk related to accessibility, importers shall immediately inform the competent national authorities of the Member States in which they made the product available, giving details about:

• The nature of the non-compliance
• The specific accessibility requirements not met
• Any corrective measures taken

Importers shall keep a copy of the EU declaration of conformity at the disposal of the market surveillance authorities for 5 years after the product has been placed on the market.

They shall also ensure that the technical documentation can be made available to those authorities upon request during that period.

Importers shall, further to a reasoned request from a competent national authority, provide it with all the information and documentation necessary to demonstrate the conformity of a product in a language which can be easily understood by that authority.

They shall cooperate with that authority, at its request, on any action taken to eliminate the non-compliance with the applicable accessibility requirements of products which they have placed on the market.