Monitoring and Market Surveillance.

To ensure effective implementation and compliance with the European Accessibility Act (EAA), a robust system of monitoring and market surveillance has been established. This system verifies that products and services within the scope of the EAA meet the required accessibility standards and that economic operators fulfill their obligations.

The monitoring and market surveillance framework of the EAA includes:

• Market surveillance for products
• Compliance verification for services
• Enforcement measures
• Penalties for non-compliance
• Regular reporting and evaluation

These mechanisms ensure that the EAA's requirements are effectively implemented and that persons with disabilities can benefit from improved accessibility of products and services.

Market surveillance is the system through which Member States verify that products meet the EAA's accessibility requirements. It is carried out according to Regulation (EU) 2019/1020 on market surveillance and compliance of products.

Market Surveillance Authorities.

Each Member State must designate market surveillance authorities with the responsibility and powers to:

• Verify that products comply with the accessibility requirements
• Check that economic operators have fulfilled their obligations
• Investigate complaints from consumers and other stakeholders about non-compliant products
• Take appropriate actions when non-compliant products are identified

Surveillance Activities.

Market surveillance authorities carry out various activities to monitor compliance, including:

• Document reviews: Checking technical documentation, EU declarations of conformity, and other compliance documentation
• Product sampling: Taking product samples for testing and analysis
• On-site inspections: Visiting manufacturers, importers, and distributors to verify compliance
• Online surveillance: Monitoring products sold through online marketplaces

When non-compliance is detected, market surveillance authorities have a range of enforcement measures at their disposal:

• Requiring corrective actions: Instructing economic operators to bring their products into compliance within a specified timeframe
• Restricting market availability: Prohibiting or restricting the availability of non-compliant products on the market
• Product recalls: Ordering the withdrawal or recall of non-compliant products already placed on the market
• Public warnings: Issuing public warnings about non-compliant products

Service Compliance Enforcement.

For services, Member States must establish appropriate mechanisms to:

• Verify that services comply with the EAA's accessibility requirements
• Follow up on complaints or reports about non-compliant services
• Verify that service providers have conducted the required conformity assessment
• Take measures to ensure that service providers remedy instances of non-compliance

The EAA requires Member States to establish rules on penalties for infringements of the national provisions adopted pursuant to the Directive. These penalties must be:

• Effective: Having a genuine impact on non-compliant operators
• Proportionate: Appropriate to the severity of the infringement
• Dissuasive: Discouraging future non-compliance

Penalties must also take into account the extent of the non-compliance, including the number of units of non-complying products or services concerned, as well as the number of people affected.

Member States are required to notify the European Commission of their penalty provisions and any subsequent amendments. While the specific penalties vary between Member States, they may include:

• Administrative fines
• Orders to cease non-compliant practices
• Suspension of business activities
• In severe cases, criminal sanctions

The EAA includes several reporting obligations to ensure transparency and continuous improvement:

Member State Reporting.

• Member States must report to the Commission on the implementation of the EAA by June 28, 2030, and every five years thereafter
• Reports must cover enforcement actions, penalties applied, data on accessibility compliance, and the effectiveness of the implemented measures
• Member States must publish their reports in accessible formats

European Commission Reporting.

• The Commission must submit a report to the European Parliament, the Council, the European Economic and Social Committee, and the Committee of the Regions on the application of the EAA by July 28, 2031
• The report will assess whether the EAA has achieved its objectives and whether it needs to be amended to improve accessibility
• The Commission's report must take into account the views of stakeholders, including organizations representing persons with disabilities

Market Surveillance Reporting.

Market surveillance authorities must regularly report on their surveillance activities, providing information on:

• Number of inspections conducted
• Types and numbers of non-compliance detected
• Enforcement measures taken
• Penalties applied

To effectively implement the EAA, each Member State must establish or designate various authorities:

• Market Surveillance Authorities: Responsible for monitoring products and ensuring they comply with accessibility requirements
• Service Monitoring Authorities: Tasked with verifying that services meet the EAA's accessibility requirements
• Notifying Authorities: Responsible for setting up and carrying out the procedures for the assessment and notification of conformity assessment bodies
• Enforcement Authorities: Empowered to apply penalties and take enforcement actions against non-compliant economic operators

These authorities must have sufficient resources, expertise, and operational independence to perform their tasks effectively. They also must cooperate with each other, with authorities in other Member States, and with the European Commission to ensure consistent implementation and enforcement of the EAA across the EU.