When is a product actually placed on the market according to the European Accessibility Act (EAA)? Let’s look at the language from the Directive.
Article 7: Obligations of manufacturers
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.
Article 3 (16): Definitions
‘placing on the market’ means the first making available of a product on the Union market;
Practically, this means the very first time a product becomes available for distribution, consumption, or use in the European Union market through any commercial activity – whether sold for payment or given away for free.
Typically the manufacturer or importer who first introduces the product to the EU market. This is different from “making available on the market,” which can be done by distributors or retailers later in the supply chain.
The moment a produced is placed on the market is crucial because it triggers various compliance obligations under the EAA, including:
- Accessibility requirements under the EAA
- CE marking requirements (which must be affixed before placing on the market)
- Manufacturer responsibilities for conformity and documentation
One important note: “Placing on the market” (first time) is different from “making available on the market” (any subsequent supply).
Here is the definition for making available:
Article 3 (15): Definitions
‘making available on the market’ means any supply of a product for distribution, consumption or use on the Union market in the course of a commercial activity, whether in return for payment or free of charge;
Once a product has been placed on the market by the manufacturer/importer, retailers and distributors then “make it available” to end users.
Products must meet all applicable accessibility and other regulatory requirements at the moment they are placed on the market, not when they’re later sold to consumers.
If you need help with EAA compliance, we invite you to send us a message below or contact us.
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.
