Under Chapter III, Obligations of economic operators dealing with products, Article 9, of the European Accessibility Act (EAA), below are the obligations of importers along with our plain language explanations of what each obligation means.
Per Article 3, Definitions:
(19) ‘importer’ means any natural or legal person established within the Union who places a product from a third country on the Union market;
We’ve taken direct obligations directly from the Directive and provided our interpretations below each obligation.
1. Importers shall place only compliant products on the market.
Self-explanatory.
2. Before placing a product on the market, importers shall ensure that the conformity assessment procedure set out in Annex IV has been carried out by the manufacturer. They shall ensure that the manufacturer has drawn up the technical documentation required by that Annex, that the product bears the CE marking and is accompanied by the required documents and that the manufacturer has complied with the requirements set out in Article 7(5) and (6).
This means that before importers put a product on the market, they must make sure the manufacturer has completed the required conformity checks outlined in Annex IV. They need to confirm that the manufacturer has prepared the necessary technical documents, that the product has a CE marking, includes all required documents, and meets the identification and contact information requirements listed in Article 7(5) and (6).
3. Where an importer considers or has reason to believe that a product is not in conformity with the applicable accessibility requirements of this Directive, the importer shall not place the product on the market until it has been brought into conformity. Furthermore, where the product does not comply with the applicable accessibility requirements, the importer shall inform the manufacturer and the market surveillance authorities to that effect.
This means that if an importer thinks, or has reason to believe, that a product doesn’t meet the accessibility requirements of this Directive, they must not sell it until it has been fixed to comply. If the product isn’t compliant, the importer must also notify the manufacturer and the relevant market surveillance authorities about the issue.
4. Importers shall indicate their name, registered trade name or registered trade mark and the address at which they can be contacted on the product or, where that is not possible, on its packaging or in a document accompanying the product. The contact details shall be in a language easily understood by end-users and market surveillance authorities.
This means that importers must put their name, trade name, or trademark and a contact address on the product. If this isn’t possible, they should include this information on the packaging or in a document that comes with the product. The contact details must be in a language that end-users and market surveillance authorities can easily understand.
5. Importers shall ensure that the product is accompanied by instructions and safety information in a language which can be easily understood by consumers and other end-users, as determined by the Member State concerned.
This means that importers must make sure the product comes with instructions and safety information in a language that consumers and other users in the target country can easily understand.
6. Importers shall ensure that, while a product is under their responsibility, storage or transport conditions do not jeopardise its compliance with the applicable accessibility requirements.
This means that importers must make sure that, while the product is in their care, storage or transportation conditions do not compromise its compliance with accessibility requirements.
7. Importers shall, for a period of five years keep a copy of the EU declaration of conformity at the disposal of the market surveillance authorities and shall ensure that the technical documentation can be made available to those authorities upon request.
This means that importers must keep a copy of the EU declaration of conformity for five years and make sure the technical documentation is available to market surveillance authorities if they ask for it.
8. Importers who consider or have reason to believe that a product which they have placed on the market is not in conformity with this Directive shall immediately take the corrective measures necessary to bring that product into conformity, or, if appropriate, to withdraw it. Furthermore, where the product does not comply with the applicable accessibility requirements, importers shall immediately inform the competent national authorities of the Member States in which they made the product available to that effect, giving details, in particular, of the non-compliance and of any corrective measures taken. In such cases, importers shall keep a register of products which do not comply with applicable accessibility requirements, and of the related complaints.
This means that if importers believe a product they’ve sold doesn’t meet the Directive’s requirements, they must immediately take steps to fix it or, if necessary, remove it from the market. If the product is non-compliant with accessibility standards, they must inform the relevant national authorities in the countries where it was sold, providing details about the non-compliance and any corrective actions taken. Importers must also keep a record of non-compliant products and related complaints.
9. Importers shall, further to a reasoned request from a competent national authority, provide it with all the information and documentation necessary to demonstrate the conformity of a product in a language which can be easily understood by that authority. They shall cooperate with that authority, at its request, 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 that if a national authority requests it, importers must provide all the information and documents needed to prove a product’s compliance in a language that the authority can easily understand. Importers must also cooperate with the authority to resolve any non-compliance issues with the accessibility requirements for products they have sold.
Summary
It’s not just product manufacturers and service providers that must comply with the European Accessibility Act, it’s also importers who have responsibilities.
There are several notable importer obligations including assessing whether or not a product meets the Directive’s requirements.
If your importing company needs help ensuring EAA compliance, we offer accessibility services to help your organization with EAA compliance. Our services include audits, remediation, user testing, documentation, training, and consulting.
Feel free to contact us if you need help and we’ll be with you shortly.
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.
