Market Surveillance.

Market surveillance is the system of monitoring and enforcing compliance with the European Accessibility Act. It ensures that products and services available in the EU market meet the required accessibility standards.

Under the EAA, each EU Member State must establish market surveillance authorities that monitor compliance, handle complaints, and take action against non-compliant products and services.

This oversight helps protect the rights of persons with disabilities and ensures a level playing field for businesses across the EU.

Each Member State must designate authorities responsible for:

• Monitoring products and services available in their territory
• Checking documentation and evidence of conformity
• Receiving and investigating complaints from consumers
• Taking action against economic operators who don't comply with the EAA
• Cooperating with other EU Member States' authorities

The names and specific responsibilities of these authorities vary by country, but they are typically part of consumer protection or accessibility agencies.

Market surveillance authorities have significant powers to ensure compliance:

• Documentation review: Requesting and examining technical documentation, EU Declarations of Conformity, and other evidence
• Product examination: Testing products to verify they meet accessibility requirements
• Service assessment: Evaluating how services meet accessibility requirements
• Inspections: Conducting on-site visits to businesses
• Information requests: Requiring economic operators to provide information about supply chains and distribution
• Enforcement actions: Ordering corrective measures, withdrawals, or recalls

These authorities follow risk-based approaches to prioritize their work, focusing on products and services with the highest potential impact on people with disabilities.

When non-compliant products or services are identified, authorities follow these steps:

1. Initial assessment: Determining the nature and extent of non-compliance
2. Notification: Informing the economic operator about the identified non-compliance issues
3. Corrective action: Requiring the operator to fix the accessibility issues within a set timeframe
4. Follow-up: Verifying that the required changes have been implemented properly
5. Escalation: If compliance is not achieved, authorities can:
   • Restrict or prohibit making the product available on the market
   • Order the withdrawal or recall of the product
   • Require service providers to stop offering non-compliant services
   • Impose penalties according to national legislation

The approach prioritizes bringing products and services into compliance rather than immediately imposing penalties, but serious or repeated violations may lead to significant sanctions.

Market surveillance for the EAA operates within a broader EU framework:

• Regulation (EU) 2019/1020 on market surveillance and compliance: Provides the overall framework for market surveillance across different EU product legislation
• Articles 19 to 22 of the EAA: Specific provisions for market surveillance under the European Accessibility Act
• ICSMS (Information and Communication System for Market Surveillance): EU-wide system for sharing information about non-compliant products
• RAPEX (Rapid Alert System): System for rapid exchange of information about dangerous products

These legal instruments and information systems help ensure consistent and effective enforcement across the EU single market.