Definition of an Importer under the EAA.

According to the European Accessibility Act, an importer is any person or company established in the European Union who:

  • Places products from a country outside the EU onto the EU market.

Importers are a crucial link in the supply chain. They bring products from outside the EU into the EU market, and they have important responsibilities for ensuring these products meet accessibility requirements.

Key Responsibilities.

Importers have several important responsibilities when bringing products into the EU market. Here are their main duties:

  • Making sure manufacturers have carried out the proper conformity assessment.
  • Verifying that products meet accessibility requirements.
  • Checking that products have proper marking and documentation.
  • Adding their contact information to the product.
  • Taking action if products don't meet accessibility requirements.
  • Keeping records about product conformity and complaints.
  • Working with authorities to ensure product compliance.

Before Placing Products on the Market.

Before bringing a product into the EU market, importers must complete these checks:

  • Verify that the manufacturer has carried out the proper conformity assessment procedure.
  • Check that the product has the required CE marking.
  • Confirm that the manufacturer has prepared the technical documentation.
  • Make sure the EU Declaration of Conformity has been properly created.
  • Verify that the product has the required identification information.
  • Check that the product comes with instructions in the appropriate languages.

If an importer believes a product does not meet accessibility requirements, they must not place it on the market until it complies. If the product presents a risk, the importer must inform the manufacturer and market surveillance authorities.

Product Information Requirements.

Importers must add certain information to products they import:

  • Their name, registered trade name or trademark.
  • Their postal address for contact.

This information must be:

  • Visible and easy to understand.
  • Placed on the product itself when possible.
  • If that's not possible, placed on the packaging or in documents that come with the product.
  • Written in a language that consumers and authorities can easily understand.

Importers must also make sure that products come with instructions and safety information in languages that are easily understood by consumers in the countries where the product will be sold.

Storage and Transport Conditions.

Importers must make sure that storage and transport conditions don't harm a product's compliance with accessibility requirements. Their responsibilities include:

  • Storing products in appropriate conditions.
  • Ensuring that transportation methods don't damage products or affect their accessibility features.
  • Conducting periodic checks on stored products when necessary.
  • Taking corrective measures if storage or transport issues affect product compliance.

These measures help ensure that products remain compliant with accessibility requirements until they reach the end user.

Handling Non-conformity.

If an importer discovers that a product doesn't meet accessibility requirements, they must:

  • Take immediate corrective measures to make the product comply.
  • Withdraw the product from the market if necessary.
  • Inform the manufacturer about the non-compliance issue.
  • Notify market surveillance authorities in EU countries where the product was made available.
  • Provide details about the non-compliance and any corrective actions taken.

Important Note.

Importers are responsible for products they've already placed on the market. Even if they discover issues later, they must take action to address the problems.

Record Keeping.

Importers must maintain certain records related to the products they import:

  • Keep a copy of the EU Declaration of Conformity for 5 years after the product is placed on the market.
  • Ensure the technical documentation can be made available to authorities upon request.
  • Maintain records of complaints about products not meeting accessibility requirements.
  • Keep track of non-compliant products and product recalls.
  • Maintain information about the supply chain (which retailers they've supplied products to).

These records help importers demonstrate compliance with their obligations under the European Accessibility Act.

Cooperation with Authorities.

Importers must cooperate with national market surveillance authorities when requested. This includes:

  • Providing all information and documentation necessary to demonstrate product conformity.
  • Giving information about suppliers from whom they purchased products.
  • Providing information about other economic operators to whom they supplied products.
  • Taking corrective actions requested by authorities to bring products into compliance.
  • Cooperating with any investigations into product non-compliance.

This information must be provided in a language that the authorities can easily understand.