This is part 3 (importer) in a series of hypotheticals designed to show the steps to take for compliance with the European Accessibility Act (EAA).
Smart Tech Imports is a European importer of consumer electronics, specializing in smartphones, tablets, e-readers, and consumer terminal equipment from manufacturers in Asia and North America. As an importer of smart devices, SmartTech must ensure EAA compliance for products placed on the European market after June 28, 2025.
The EAA requires importers to verify accessibility compliance only for products first placed on the EU market after the enforcement date. Products imported and placed on the market before June 28, 2025 are not subject to these requirements and can continue to be sold. However, any significant modifications to existing products may trigger full compliance obligations under Article 11.
Note: when products are “placed on the market” is when they are first made available, not simply when they’re imported.
Here’s the general path forward to compliance for Smart Tech.
Step 1: Identify Which Products Fall Under EAA
Catalog your entire import portfolio to determine EAA coverage. Under Article 2(1), covered smart devices include:
- Smartphones and tablets (as consumer general purpose computer hardware systems)
- Operating systems for these devices
- E-readers (dedicated equipment for accessing e-book files)
- Consumer terminal equipment with interactive computing capability for electronic communications
- Consumer terminal equipment for accessing audiovisual media services
Excluded items include individual components (mainboards, memory chips) and specialized embedded computers. Review your product catalog carefully, as smartphones and tablets fall under computer hardware requirements, while other devices have specific accessibility obligations.
Remember to focus your compliance efforts on products that will be first placed on the EU market after June 28, 2025. Existing inventory imported before this date does not require EAA compliance verification, though maintaining records of when products were first placed on the market is essential for demonstrating this exemption to authorities.
Step 2: Verify Manufacturer Compliance Before Import
As an importer, you must ensure manufacturers have completed proper conformity assessment procedures before placing products on the market. For each manufacturer relationship:
Pre-import verification:
- Confirm conformity assessment (Annex IV) completion
- Verify technical documentation exists
- Check CE marking presence and validity
- Ensure EU Declaration of Conformity is properly drawn up
- Verify manufacturer identification requirements (Article 7(5) and (6))
Specific Annex I accessibility requirements:
The specific accessibility requirements in Annex I are precise and technical. For example:
- E-readers must specifically “provide for text-to-speech technology” – not just support it as an option
- Communication devices must “provide for the handling of real time text and support high fidelity audio” with specific synchronization requirements
- Devices with video capabilities must support “total conversation including synchronised voice, real time text, and video with a resolution enabling sign language communication”
- All devices with audio must “ensure effective wireless coupling to hearing technologies” including hearing aids, telecoils, cochlear implants, and assistive listening devices
- Products must “avoid interferences with assistive devices”
These are mandatory technical specifications, not general guidelines. Ensure your manufacturers understand and can demonstrate compliance with each specific requirement.
Critical Non-Placement Rule (Article 9(3)):
If during your verification process you have any reason to believe a product does not conform with EAA accessibility requirements, you must NOT place that product on the market until it has been brought into full conformity. This is an absolute prohibition – suspicion of non-compliance requires a complete hold on market placement. Furthermore, you must immediately inform both the manufacturer and the market surveillance authorities about the suspected non-compliance. This pre-market gatekeeping role is one of the importer’s most critical responsibilities.
Step 3: Add Importer Information to Products
Fulfill your labeling obligations under Article 9(4):
Required information:
- Your company name or registered trade name/trademark
- Contact address in language understood by end-users and authorities
- Clear placement on product, packaging, or accompanying document
Language Requirements (Article 9(5)):
Beyond labeling, importers must ensure all product instructions and safety information are provided “in a language which can be easily understood by consumers and other end-users, as determined by the Member State concerned.” This means:
- Each Member State determines its own language requirements
- You may need different language versions for different markets
- This applies to all documentation, not just labels
- Digital instructions must also meet these language requirements
- All labeling must be clear, understandable and intelligible
Working with compliance experts helps ensure labeling meets all linguistic and placement requirements across different product types and target markets.
Step 4: Establish Documentation Management Systems
Create robust systems for managing compliance documentation:
Document retention (5-year requirement per Article 9(7)):
- EU Declarations of Conformity copies (must keep actual copies)
- Access to technical documentation (see clarification below)
- Conformity assessment records
- Manufacturer correspondence
- Product modification records
Technical Documentation Access Clarification
For technical documentation, Article 9(7) requires that you “ensure that the technical documentation can be made available to those authorities upon request.” This means:
- You don’t need to physically possess all technical documentation
- You must have reliable access to it from the manufacturer
- You must be able to provide it quickly when authorities request it
- Consider formal agreements with manufacturers guaranteeing documentation access
- Maintain systems to track which manufacturer holds which documentation
Retrieval systems:
- Digital database with backup
- Quick search capabilities
- Authority response protocols
- Translation resources
- Regular documentation updates
Step 5: Implement Pre-Market Verification Procedures
Develop systematic processes before placing products on the market:
Verification checklist:
- CE marking inspection
- Documentation completeness review
- Accessibility feature testing
- Language requirement confirmation
- Packaging compliance check
Non-compliance protocols:
- Hold shipment procedures
- Manufacturer notification process
- Market surveillance alert system
- Corrective action tracking
- Documentation of decisions
Important Note on Article 11 Implications
Be especially careful about to avoid situations where you might inadvertently become a “manufacturer” under Article 11. This happens if you:
- Place products on the market under your own name or trademark (even if just rebranding)
- Modify products in any way that could affect EAA compliance
If either situation applies, you assume ALL manufacturer obligations including:
- Conducting full conformity assessments
- Creating technical documentation
- Drawing up your own EU Declaration of Conformity
- Maintaining all manufacturer records
Many importers accidentally trigger these obligations through rebranding or minor modifications. Always consult compliance experts before making any changes to products or branding.
Step 6: Maintain Storage and Transport Standards
Ensure products maintain compliance throughout your custody per Article 9(6):
Storage protocols:
- Environmental control for electronic devices
- Protection of accessibility features
- Documentation co-location
- Regular inspection schedules
- Damage prevention measures
Transport considerations:
- Specialized handling for devices with accessibility features
- Chain of custody documentation
- Insurance for compliance-critical components
- Receiving inspection procedures
Professional logistics consultants familiar with EAA requirements can help design storage and transport protocols that protect both product integrity and compliance status.
Step 7: Create Non-Compliance Response Systems
Establish clear procedures for handling non-compliant products per Article 9(8):
Detection and response:
- Regular compliance audits
- Customer complaint monitoring
- Authority notification tracking
- Immediate stop-sale protocols
- Withdrawal procedures
Record-keeping requirements:
- Register of non-compliant products
- Related complaints documentation
- Corrective measures taken
- Authority communications
- Market withdrawal records
Notification procedures:
- Manufacturer alerts
- Member State authority reports
- Details of non-compliance
- Corrective action plans
- Follow-up documentation
Step 8: Prepare for Market Surveillance
Ensure readiness for authority interactions:
Documentation preparation:
- Organized compliance files
- Translation capabilities
- Designated compliance officer
- Response time protocols
- Cooperation procedures
Authority support:
- Information provision in understandable language
- Demonstration of product conformity
- Corrective action cooperation
- Elimination of non-compliance
- Ongoing communication protocols
Authority Cooperation Requirements (Article 9(9))
Your obligations extend beyond just providing information. Under Article 9(9), you must actively cooperate with authorities “on any action taken to eliminate the non-compliance with the applicable accessibility requirements of products which they have placed on the market.” This means:
- Active participation in corrective action plans
- Implementation of authority-directed remedial measures
- Ongoing communication throughout the compliance process
- Documentation of all corrective actions taken
- Follow-up reporting on effectiveness of measures
This cooperation duty is not optional – it’s a legal requirement that continues as long as non-compliant products remain in the market.
Conclusion
EAA compliance for smart device importers requires vigilant gatekeeping and comprehensive documentation management. While importers don’t design or manufacture products, they bear significant responsibility for ensuring only accessible devices reach European consumers. Key points to remember:
- Never place products on the market if you suspect non-compliance
- Maintain copies of EU Declarations of Conformity for 5 years
- Ensure access to technical documentation (even if not physically held)
- Be aware of how rebranding or modifications can make you a manufacturer
- Cooperation with authorities is mandatory, not optional
Strong manufacturer relationships and robust verification procedures are essential for success. The June 28, 2025 deadline marks a new era where every smartphone, tablet, e-reader, and smart device entering Europe must meet strict accessibility standards. Working with accessibility compliance experts like Accessible.org will help your company with building efficient import operations that ensure compliance.
Legal Disclaimer: This post represents our interpretation and analysis of the European Accessibility Act (EAA) and related accessibility requirements and obligations but does not constitute legal advice. While we strive for accuracy, Directives and their interpretation may vary by EU member state and change over time. Consult with legal counsel regarding your specific situation.
