Obligations for Distributors.

According to the European Accessibility Act, a distributor is any person or company in the supply chain who:

• Makes a product available on the market.
• Is not the manufacturer or importer of the product.

Distributors include retailers, wholesalers, and other businesses that sell products to consumers or other businesses after manufacturers or importers have placed them on the market. They are the final link in the supply chain before products reach the end user.

Distributors play an important role in ensuring that products in the EU market meet accessibility requirements. Here are their main duties:

• Checking that products have the correct marking and documentation.
• Verifying that manufacturers and importers have fulfilled their obligations.
• Not making non-compliant products available on the market.
• Ensuring proper storage and transport conditions.
• Taking corrective actions for non-compliant products.
• Cooperating with authorities when requested.
• Maintaining records of the supply chain.

While distributors have fewer responsibilities than manufacturers and importers, they still play a crucial role in ensuring product accessibility.

Before making a product available on the market, distributors must verify:

• That the product has the CE marking, showing it meets EU requirements.
• That the product comes with the required documents, instructions, and safety information.
• That these documents are in the languages easily understood by consumers in the countries where the product will be sold.
• That the manufacturer has included their name, registered trade name or trademark, and contact address on the product.
• That the importer has included their name, registered trade name or trademark, and contact address on the product (for imported products).

If a distributor believes that a product doesn't meet accessibility requirements, they must not make it available on the market until it complies. If the product presents a risk, the distributor must inform the manufacturer or importer and market surveillance authorities.

Distributors must ensure that while a product is under their responsibility, storage or transport conditions do not affect its compliance with accessibility requirements. Their responsibilities include:

• Maintaining appropriate storage conditions.
• Handling products carefully during transport.
• Protecting products from damage that could affect their accessibility features.
• Checking products periodically to ensure they remain in compliant condition.

This helps ensure that products remain accessible and usable for people with disabilities when they reach the end user.

If a distributor 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 or importer 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.
• Help with any actions to eliminate the risks posed by the product.

Distributors should maintain certain records related to the products they sell:

• Information about which manufacturers and importers supplied them with products.
• Information about which economic operators they supplied products to.
• Records of complaints about products not meeting accessibility requirements.
• Records of non-compliant products and product recalls.
• Communications with manufacturers, importers, and authorities about accessibility issues.

While the EAA doesn't specify a minimum time period for keeping these records, it's good practice to maintain them for at least 5 years to align with other economic operators' obligations.

Distributors 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 received 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.