Under Chapter III, Obligations of economic operators dealing with products, Article 10, of the European Accessibility Act (EAA), below are the obligations of distributors along with our plain language explanations of what each obligation means.
Per Article 3, Definitions:
(20) ‘distributor’ means any natural or legal person in the supply chain, other than the manufacturer or the importer, who makes a product available on the market;
1. When making a product available on the market distributors shall act with due care in relation to the requirements of this Directive.
Self-explanatory
2. Before making a product available on the market distributors shall verify that the product bears the CE marking, that it is accompanied by the required documents and by instructions and safety information in a language which can be easily understood by consumers and other end-users in the Member State in which the product is to be made available on the market and that the manufacturer and the importer have complied with the requirements set out in Article 7(5) and (6) and Article 9(4) respectively.
This means that before distributors sell a product, they need to check a few things:
- Make sure the product has the CE mark (a sign it meets EU standards).
- Ensure it comes with all necessary documents, instructions, and safety information.
- Confirm these instructions are in a language that people in the country where it will be sold can understand.
- Verify that the manufacturer and importer have followed specific rules (covered in Article 7(5), 7(6), and 9(4)).
3. Where a distributor considers or has reason to believe that a product is not in conformity with the applicable accessibility requirements of this Directive, the distributor shall not make the product available on the market until it has been brought into conformity. Furthermore, where the product does not comply with the applicable accessibility requirements, the distributor shall inform the manufacturer or the importer and the market surveillance authorities to that effect.
This means that if a distributor thinks a product doesn’t meet accessibility requirements, they must hold off on selling it until the issues are fixed.
Additionally, if the product doesn’t meet these requirements, the distributor needs to let the manufacturer or importer know, as well as the authorities responsible for checking product compliance.
4. Distributors 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 distributors must make sure that while they are storing or transporting a product, the conditions don’t compromise its accessibility compliance.
5. Distributors who consider or have reason to believe that a product which they have made available on the market is not in conformity with this Directive shall make sure that the corrective measures necessary to bring that product into conformity, or, if appropriate, to withdraw it, are taken. Furthermore, where the product, does not comply with the applicable accessibility requirements, distributors 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.
This means that if a distributor thinks a product they’re selling doesn’t meet the required accessibility standards, they must take steps to fix the issue or, if necessary, stop selling it.
Additionally, they must promptly inform the relevant national authorities in the countries where the product is sold, providing details about the non-compliance and any actions taken to correct it.
6. Distributors 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. 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 made available on the market.
This means that if a national authority asks, distributors must give them all the information and documents needed to prove a product meets accessibility standards.
They must also cooperate with the authority on any actions needed to fix issues with products they are selling that don’t meet these standards.
Summary
In summary, although distributors don’t directly have any accessibility requirements, they do have several obligations when it comes to the accessibility of products passing through their operations.
Distributors must ensure that products they sell have the CE marking, include required documentation and accessible instructions, and comply with accessibility standards. If they suspect a product doesn’t meet these standards, they should halt sales until it’s corrected, inform the manufacturer, importer, and authorities, and take steps to resolve the issue or remove the product from the market. They must store and transport products in ways that maintain compliance and cooperate fully with authorities, providing any information or support needed to address accessibility issues.
If your distribution company needs help with EAA compliance, we offer a number of accessibility services including consulting and training to ensure your employees and staff have the requisite knowledge and insight when fulfilling obligations under the EAA.
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.
