Procedures for Non-Compliant Products and Services

The European Accessibility Act establishes comprehensive procedures for addressing products and services that do not comply with accessibility requirements. These procedures aim to ensure that non-compliant products and services are identified, brought into compliance, or removed from the market when necessary.

The EAA provides a balanced approach that protects the rights of persons with disabilities while ensuring economic operators have appropriate opportunities to address non-compliance issues before more severe measures are taken.

These procedures are essential for the effective implementation of the EAA and help maintain the integrity of the single market while ensuring a consistent level of accessibility across the EU.

When market surveillance authorities identify a non-compliant product, they follow these steps:

1. Initial evaluation - Authorities assess the product against applicable accessibility requirements
2. Notification - If non-compliance is found, the authorities inform the relevant economic operator (manufacturer, importer, or distributor)
3. Opportunity for response - The economic operator is given the opportunity to present their observations and explain any claimed exceptions
4. Required corrective action - Authorities require the economic operator to take appropriate corrective measures to bring the product into compliance
5. Escalation if necessary - If the economic operator fails to take adequate corrective action, authorities can:
   • Restrict or prohibit the product's availability on the market
   • Ensure the product is withdrawn from the market
   • Ensure the product is recalled
6. Immediate action for serious risk - In cases where a product presents a serious risk, authorities can take immediate provisional measures without waiting for the economic operator to respond

All measures taken must be proportionate to the level of non-compliance and communicated promptly to the economic operator.

For more information about market surveillance of products, see theMarket Surveillance page.

For services found to be non-compliant with accessibility requirements, the following procedure applies:

1. Initial assessment - Authorities responsible for checking compliance of services evaluate the service against applicable requirements
2. Notification - The service provider is informed of the identified non-compliance
3. Corrective measures - The service provider is required to take corrective action to bring the service into conformity with accessibility requirements
4. Follow-up verification - Authorities check that corrective action has been taken and is sufficient to address the non-compliance
5. Further action - If the service provider fails to take adequate corrective measures, authorities can:
   • Require cessation of the service
   • Impose penalties in accordance with national legislation
   • Take other appropriate measures to ensure compliance

Member States establish their own specific procedures for addressing non-compliant services, but they must align with these general principles established in the EAA.

For more information about service compliance, see theCompliance of Services page.

The EAA identifies specific cases of formal non-compliance that trigger action by authorities. These include:

• The CE marking has been affixed in violation of Article 30 of Regulation (EC) No 765/2008 or Article 18 of the EAA
• The CE marking has not been affixed
• The EU declaration of conformity has not been drawn up or has been drawn up incorrectly
• The technical documentation is unavailable or incomplete
• Product identification information or manufacturer/importer contact details are missing, false, or incomplete
• Any other administrative requirement of the EAA has not been met

When formal non-compliance is identified, authorities require the economic operator to correct the issue. If the non-compliance persists, authorities take appropriate measures to restrict or prohibit the product's availability or ensure it is withdrawn or recalled from the market.

For more information about CE marking, see theCE Marking page.

For cases where there is disagreement between Member States about actions taken against non-compliant products, the EAA establishes a Union safeguard procedure:

1. When one Member State takes measures against a product, it must inform the Commission and other Member States
2. Information provided must include the reasons for the measures, the non-compliance identified, and the economic operator's arguments
3. The Commission evaluates the national measures and determines if they are justified
4. If the measures are deemed justified, all Member States must ensure the non-compliant product is withdrawn from their markets
5. If the measures are deemed unjustified, the Member State must withdraw them
6. The Commission communicates its decision to all Member States and the economic operator concerned

This procedure ensures coordinated action across the EU and prevents fragmentation of the single market while maintaining high standards of accessibility.

The EAA requires Member States to establish rules on penalties for infringements of national provisions adopted under the directive:

• Penalties must be effective, proportionate, and dissuasive
• They must take into account the extent of the non-compliance and the number of units of non-complying products or services
• Penalties should be accompanied by effective remedial mechanisms in case of non-compliance
• Member States must notify the Commission of these rules and measures and promptly report any subsequent amendments
• Penalties should not serve as an alternative to economic operators fulfilling their accessibility obligations

This penalty framework helps ensure that economic operators take their accessibility obligations seriously and address non-compliance issues promptly.