Procedures for Non-Compliant Products and Services.

The European Accessibility Act creates clear procedures for handling products and services that do not meet accessibility requirements. These procedures help ensure that non-compliant products and services are identified, fixed, or removed from the market when needed.

The EAA takes a balanced approach that protects the rights of people with disabilities while giving businesses proper opportunities to fix non-compliance issues before stronger 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 consistent accessibility across the EU.

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

1. Initial evaluation. Authorities check the product against applicable accessibility requirements.
2. Notification. If non-compliance is found, the authorities inform the relevant business (manufacturer, importer, or distributor).
3. Opportunity for response. The business is given the chance to present their observations and explain any claimed exceptions.
4. Required corrective action. Authorities require the business to take appropriate corrective measures to bring the product into compliance.
5. Escalation if necessary. If the business 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   • Ensure the product is withdrawn from the market.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 business to respond.

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

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 stopping the service.
   • Impose penalties according to 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 added in violation of Article 30 of Regulation (EC) No 765/2008 or Article 18 of the EAA.
• The CE marking has not been added.
• The EU declaration of conformity has not been created or has been created 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 business 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 an EU 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 business'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 business 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 breaking national provisions adopted under the directive:

• Penalties must be effective, proportionate, and dissuasive.
• They must consider 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 changes.
• Penalties should not serve as an alternative to businesses fulfilling their accessibility obligations.

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