Market Surveillance of Products

Market surveillance is a critical component of the European Accessibility Act's enforcement framework. It involves monitoring products placed on the market to ensure they comply with the accessibility requirements set forth in the directive.

Article 19 of the EAA establishes that market surveillance of products shall follow the provisions set out in Regulation (EC) No 765/2008, which lays down the requirements for accreditation and market surveillance relating to the marketing of products.

The primary goal is to prevent non-compliant products from reaching the market, protect consumers with disabilities, and ensure fair competition among economic operators by ensuring all follow the same accessibility standards.

Each Member State is responsible for establishing and maintaining effective market surveillance authorities. These authorities:

• Have the power to take appropriate measures to ensure products comply with accessibility requirements
• Can request all necessary information from economic operators
• Are authorized to carry out checks and inspections of products
• May take samples of products for testing and analysis
• Can require economic operators to take corrective measures where non-compliance is found
• Have the authority to withdraw or recall products where necessary

The EAA emphasizes that Member States should allocate sufficient powers and resources to their market surveillance authorities to ensure effective monitoring.

The EAA includes a specific provision for market surveillance of products where economic operators have claimed exceptions based on disproportionate burden or fundamental alteration (under Article 14). When checking these claims, authorities shall:

• Verify that the assessment has been conducted by the economic operator
• Review the assessment and its results, checking the correct use of the criteria set out in Annex VI
• Check compliance with the applicable accessibility requirements
• Take appropriate measures in case of non-compliance or improper use of the exception

This ensures that exceptions to accessibility requirements are only granted in legitimate cases where implementing them would genuinely result in disproportionate burden.

For more information about disproportionate burden assessments, see theAnnex IV: Disproportionate Burden Assessment page.

Market surveillance follows established procedures to ensure consistent enforcement:

• Initial assessment - Authorities evaluate products against accessibility requirements through documentation checks, physical inspections, or laboratory tests
• Communication with economic operators - Authorities inform the relevant economic operator about identified non-compliance
• Opportunity for correction - Economic operators are given the opportunity to address issues and implement corrective measures
• Enforcement actions - Where necessary, authorities can require products to be withdrawn from the market or impose other restrictions
• Coordination - Authorities coordinate activities across Member States to ensure consistent application of requirements

The EAA establishes a safeguard procedure that applies in cases of disagreement between Member States over measures taken regarding non-compliant products:

• If authorities in one Member State take measures against a product, they must inform the European Commission and other Member States
• The communication must include details about the non-compliance, the measures taken, and the economic operator's arguments
• Other Member States have the opportunity to raise objections to the measures
• The Commission evaluates the justification for the measures and determines whether they are appropriate
• If the measures are deemed justified, all Member States must ensure the non-compliant product is withdrawn from their markets
• If the measures are deemed unjustified, the Member State must withdraw them

This procedure allows for the resolution of disputes while ensuring consistent enforcement across the EU single market.

Effective market surveillance relies on cooperation between various stakeholders:

• Market surveillance authorities from different Member States share information and coordinate activities
• The Commission facilitates exchange of information and best practices among authorities
• Authorities cooperate with organizations representing persons with disabilities when carrying out their duties
• Economic operators are required to cooperate with authorities and provide necessary information
• The Commission may establish a working group to facilitate exchange of information and ensure coherent application of the directive

This collaborative approach ensures more efficient identification of non-compliant products and more consistent application of accessibility requirements across the EU.