Under Chapter III, Obligations of economic operators dealing with products, Article 7, of the European Accessibility Act (EAA), below are the obligations of manufacturers along with our plain language explanations of what each obligation means.
Per Article 3, Definitions:
(17) ‘manufacturer’ means any natural or legal person who manufactures a product or has a product designed or manufactured, and markets that product under its name or trademark;
In this guide, we’ll quote from the Directive first and then add our interpretation.
1. When placing their products on the market, manufacturers shall ensure that the products have been designed and manufactured in accordance with the applicable accessibility requirements of this Directive.
Self-explanatory.
2. Manufacturers shall draw up the technical documentation in accordance with Annex IV and carry out the conformity assessment procedure set out in that Annex or have it carried out.
Where compliance of a product with the applicable accessibility requirements has been demonstrated by that procedure, manufacturers shall draw up an EU declaration of conformity and affix the CE marking.
This means that manufacturers must create technical documents following specific guidelines (found in Annex IV of the Directive) to prove their product meets accessibility standards. They then need to perform, or have someone perform, a check to confirm that the product complies with these standards. Once the product passes this check, manufacturers must officially declare that it meets EU accessibility rules by issuing an EU declaration of conformity and placing the CE marking on the product.
3. Manufacturers shall keep the technical documentation and the EU declaration of conformity for five years after the product has been placed on the market.
Self-explanatory.
4. Manufacturers shall ensure that procedures are in place for series production to remain in conformity with this Directive. Changes in product design or characteristics and changes in the harmonised standards, or in technical specifications, by reference to which conformity of a product is declared shall be adequately taken into account.
This means that manufacturers must have procedures to ensure that ongoing production of the product continues to meet the Directive’s requirements. If there are any changes in the product’s design, features, or in the standards or technical specifications used to confirm compliance, these changes must be properly addressed to keep the product in line with the Directive.
5. Manufacturers shall ensure that their products bear a type, batch or serial number or other element allowing their identification, or, where the size or nature of the product does not allow it, that the required information is provided on the packaging or in a document accompanying the product.
This means that manufacturers must label their products with a type, batch, or serial number, or some other identifier to allow the product to be easily identified. If it’s not possible to label the product directly due to its size or nature, this identification information should be included on the packaging or in a document that comes with the product.
6. Manufacturers 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 address must indicate a single point at which the manufacturer can be contacted. The contact details shall be in a language easily understood by end-users and market surveillance authorities.
This means that manufacturers must put their name, trade name, or trademark, along with 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 address must be a single, specific location where the manufacturer can be reached, and the contact details should be in a language that is easy for customers and regulatory authorities to understand.
7. Manufacturers 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. Such instructions and information, as well as any labelling, shall be clear, understandable and intelligible.
This means that manufacturers must include instructions and safety information with the product in a language that consumers and other users in the target country can easily understand. These instructions, information, and labels must be clear, easy to understand, and straightforward.
8. Manufacturers 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 accessibility requirements of this Directive, manufacturers 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, manufacturers shall keep a register of products which do not comply with applicable accessibility requirements and of the related complaints.
This means that if manufacturers find, or have reason to believe, that a product they’ve released does not meet the Directive’s requirements, they must quickly take steps to correct the product to make it compliant or remove it from the market if needed. Additionally, if the product doesn’t meet accessibility standards, they must immediately notify the relevant national authorities in the countries where it was sold, providing specific details about the non-compliance and the corrective actions taken. In these cases, manufacturers must also keep a record of non-compliant products and any complaints related to these issues.
9. Manufacturers 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 the 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, in particular bringing the products into compliance with the applicable accessibility requirements.
This means that if a national authority requests it, manufacturers must supply all the information and documents needed to prove that their product meets the Directive’s requirements, in a language that the authority can easily understand. Manufacturers must also cooperate with the authority to address any non-compliance issues, including taking steps to make the product meet the required accessibility standards.
Summary
In addition to accessibility requirements, manufacturers have several compliance obligations under the European Accessibility Act.
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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.
