Obligations of Distributors

Article 9 of the European Accessibility Act outlines the obligations of distributors. Distributors are any natural or legal person in the supply chain, other than the manufacturer or the importer, who makes a product available on the market.

As the economic operators who often have direct contact with consumers, distributors play an important role in ensuring that only compliant products reach end-users. Their obligations focus on verification and due diligence in the handling of products.

When making a product available on the market, distributors shall act with due care in relation to the requirements of this Directive. Before making a product available on the market, distributors shall verify that:

• The product bears the CE marking (learn more about CE marking)
• The product is accompanied by the required documents
• The product is accompanied by instructions and safety information in a language which can be easily understood by consumers and other end-users in the Member State in which the product is to be made available
• The manufacturer and the importer have complied with the requirements related to identification and contact information

Where a distributor considers or has reason to believe that a product is not in conformity with the applicable accessibility requirements, the distributor shall:

• Not make the product available on the market until it has been brought into conformity
• Inform the manufacturer or the importer, as well as the market surveillance authorities, when the product presents a risk related to accessibility

For detailed information on handling non-compliant products, seethe non-compliance procedures page.

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

This requires distributors to:

• Maintain appropriate environmental conditions in storage facilities
• Handle products carefully to prevent damage to accessibility features
• Ensure proper packaging during transport
• Monitor storage conditions regularly
• Train staff in proper handling procedures

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

• Make sure that the corrective measures necessary to bring that product into conformity are taken
• Withdraw the product from the market, if appropriate
• Recall the product, if appropriate

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

• The non-compliance
• Any corrective measures taken

Distributors 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.

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 made available on the market.

This cooperation may include:

• Providing access to product documentation
• Facilitating contact with manufacturers and importers
• Assisting with product recalls or withdrawals
• Providing information on the supply chain
• Supporting market surveillance activities

In certain circumstances, distributors may be considered manufacturers for the purposes of this Directive and shall be subject to the obligations of the manufacturer. This occurs when a distributor:

• Places a product on the market under their own name or trademark
• Modifies a product already placed on the market in such a way that compliance with the requirements of this Directive may be affected

In such cases, the distributor assumes all the more extensive obligations of manufacturers regarding design, conformity assessment, technical documentation, and CE marking.

For a detailed overview of these additional obligations, seethe manufacturers' obligations page.

As the point of contact with end-users, distributors have a particular responsibility to ensure that consumers can access information about the accessibility features of products. This includes:

• Making sure product instructions are available in accessible formats
• Providing information about how to use accessibility features
• Ensuring staff are knowledgeable about accessibility features
• Responding to customer queries about accessibility