Market Surveillance of Products.

Market surveillance is an important part of enforcing the European Accessibility Act. It involves checking products in the market to make sure they follow the accessibility requirements in the law.

Article 19 of the EAA states that market surveillance of products must follow the rules in Regulation (EC) No 765/2008. This regulation sets requirements for checking products in the market.

The main goals are to keep non-compliant products off the market, protect consumers with disabilities, and ensure fair competition by making sure all businesses follow the same accessibility standards.

Each EU Member State must create and maintain effective market surveillance authorities. These authorities:

• Have the power to take appropriate measures to ensure products meet accessibility requirements.
• Can request all necessary information from businesses.
• Are authorized to carry out checks and inspections of products.
• May take samples of products for testing and analysis.
• Can require businesses to take corrective measures when non-compliance is found.
• Have the authority to withdraw or recall products when necessary.

The EAA emphasizes that Member States should give enough powers and resources to their market surveillance authorities to ensure effective monitoring.

The EAA includes specific rules for checking products where businesses have claimed exceptions based on disproportionate burden or fundamental alteration (under Article 14). When checking these claims, authorities must:

• Verify that the assessment has been conducted by the business.
• Review the assessment and its results, checking the correct use of the criteria in Annex VI.
• Check compliance with the applicable accessibility requirements.
• Take appropriate measures in case of non-compliance or improper use of the exception.

This ensures that exceptions to accessibility requirements are only granted in legitimate cases where implementing them would truly create a disproportionate burden.

For more information about disproportionate burden assessments, see theAnnex IV: Disproportionate Burden Assessment page.

Market surveillance follows established procedures to ensure consistent enforcement:

• Initial assessment. Authorities evaluate products against accessibility requirements through document checks, physical inspections, or laboratory tests.
• Communication with businesses. Authorities inform the relevant business about identified non-compliance.
• Opportunity for correction. Businesses are given the opportunity to address issues and implement corrective measures.
• Enforcement actions. Where necessary, authorities can require products to be withdrawn from the market or impose other restrictions.
• Coordination. Authorities coordinate activities across Member States to ensure consistent application of requirements.

The EAA establishes a safeguard procedure that applies when Member States disagree over measures taken regarding non-compliant products:

• If authorities in one Member State take measures against a product, they must inform the European Commission and other Member States.
• The communication must include details about the non-compliance, the measures taken, and the business's arguments.
• Other Member States have the opportunity to raise objections to the measures.
• The Commission evaluates whether the measures are appropriate.
• If the measures are deemed justified, all Member States must ensure the non-compliant product is withdrawn from their markets.
• If the measures are deemed unjustified, the Member State must withdraw them.

This procedure allows for resolving disputes while ensuring consistent enforcement across the EU single market.

Effective market surveillance relies on cooperation between various groups:

• Market surveillance authorities from different Member States share information and coordinate activities.
• The Commission helps exchange information and best practices among authorities.
• Authorities cooperate with organizations representing people with disabilities when carrying out their duties.
• Businesses are required to cooperate with authorities and provide necessary information.
• The Commission may establish a working group to facilitate exchange of information and ensure consistent application of the directive.

This collaborative approach ensures more efficient identification of non-compliant products and more consistent application of accessibility requirements across the EU.