S.I. No. 636/2023 - European Union (Accessibility Requirements of Products and Services) Regulations 2023

1. No.: ______ (unique identification of the product)

2. Name and address of the manufacturer or his authorised representative

3. This declaration of conformity is issued under the sole responsibility of the manufacturer (or installer)

4. Object of the declaration (identification of product allowing traceability. It may include a photograph, where appropriate)

5. The object of the declaration described above is in conformity with the relevant Community harmonisation legislation

6. References to the relevant harmonised standards used or references to the specifications in relation to which conformity is declared

7. Where applicable, the notified body (name, number), performed (description of intervention), and issued the certificate

8. Additional information

Signed for and on behalf of

Place and date of issue

Name, function and signature of signatory

GIVEN under my Official Seal,

12 December, 2023.

RODERIC O’GORMAN,

Minister for Children, Equality, Disability, Integration and Youth.

1 OJ No. L 151, 7.6.2019, p. 70.

2 OJ No. L 204, 26.7.2006, p. 1.

3 OJ No. L 303, 28.11.2018, p. 69.

4 OJ No. L 55, 28.2.2011, p. 1.

5 OJ No. L 133, 22.5.2008, p. 66.

6 OJ No. L 60, 28.2.2014, p. 34.

7 OJ No. L 173, 12.6.2014, p. 349.

8 OJ No. L 337, 23.12.2015, p. 35.

9 OJ No. L 257, 28.8.2014, p. 214.

10 OJ No. L 267, 10.10.2009, p. 7.

1 OJ No. L 151, 7.6.2019, p. 70.

11 OJ No. L 95, 15.4.2010, p. 1.

12 OJ No. L 343, 14.12.2012, p. 32.

13 OJ No. L 337, 23.12.2015, p. 35.

14 OJ No. L 218, 13.8.2008, p. 30.

15 OJ No. L 316, 14.11.2012, p. 12.

16 OJ No. L169, 25.06.2019, p.1.

17 OJ No. L 172, 17.5.2021, p. 1.

18 OJ No. L 376, 27.12.2006, p. 36.

19 OJ No. L 334, 17.12.2010, p. 1.

20 OJ No. L 242, 20.9.2017, p. 1.

21 OJ No. L 119, 4.5.2016, p. 1.

22 OJ L 46, 17.2.2004, p. 1.

23 OJ L 204, 26.7.2006, p. 1.

24 OJ L 334, 17.12.2010, p. 1.

25 OJ L 55, 28.2.2011, p. 1.

26 OJ No. L 321, 17.12.2018, p. 36.

27 OJ No. L 304, 22.11.2011, p. 64.

9. (1) A manufacturer may, by a written mandate (in these Regulations referred to as a “mandate”), appoint a natural or legal person established within the Union to be an authorised representative to act on its behalf.

(2) Subject to paragraph (3), an authorised representative shall perform only the tasks specified in the mandate received from the manufacturer.

(3) A mandate shall not include the obligations specified in paragraphs (1) and (2)(a) of Regulation 8.

(4) A mandate shall permit the authorised representative to do at least the following in respect of a product covered by the mandate

(a) keep the EU declaration of conformity and the technical documentation at the disposal of the market surveillance authority for a period of 5 years from the date upon which the product has been placed on the market;

(b) further to a request in a notice given to the authorised representative by the market surveillance authority, giving reasons for the request, provide the market surveillance authority with all the information and documentation, in paper or electronic form, necessary to demonstrate the conformity of the product;

(c) cooperate with the market surveillance authority, at its request, on any action taken to eliminate the non-compliance with the applicable accessibility requirements of the product.

(5) Where the authorised representative concerned fails to comply, within such time as is specified in the request, with a request under paragraph (4)(b), the market surveillance authority may give the authorised representative a direction requiring the authorised representative to, within such period and in such manner as is specified in the direction and as the market surveillance authority considers reasonable, provide the information or documentation concerned.

Obligations of importers

10. (1) An importer shall place on the market only products that comply with the applicable accessibility requirements.

(2) Before placing a product on the market, an importer shall ensure that –

(a) the manufacturer has drawn up the technical documentation in accordance with paragraph 2 of Schedule 2,

(b) the manufacturer has carried out the conformity assessment procedure specified in Schedule 2 or has had that procedure carried out,

(c) the product bears the CE marking,

(d) the product is accompanied by the documents required under Regulation 8,

(e) the manufacturer has complied with the requirements specified in subparagraphs (d) and (e) of Regulation 8(2),

(f) the following particulars are indicated on the product or, where that is not possible, on its packaging or in a document accompanying the product

(i) the importer’s name;

(ii) the importer’s registered trade name or registered trade mark;

(iii) the importer’s address, which shall be in a language easily understood by end-users and the market surveillance authority, and

(g) the product is accompanied by instructions and safety information, which meet the requirements specified in subparagraphs (f) and (g) of Regulation 8(2).

(3) Where, before a product is placed on the market, an importer considers or has reason to believe that the product is not in conformity with the applicable accessibility requirements, the importer shall not place the product on the market until it has been brought into conformity.

(4) Where, a product referred to in paragraph (3) does not comply with the applicable accessibility requirements, the importer shall inform the manufacturer concerned and the market surveillance authority to that effect.

(5) An importer shall ensure that, while a product is under the responsibility of the importer, the storage of the product or the conditions under which it is transported do not jeopardise its compliance with the applicable accessibility requirements.

(6) An importer who has placed a product on the market shall –

(a) for a period of 5 years after the product has been placed on the market, keep a copy of the EU declaration of conformity at the disposal of the market surveillance authority and ensure that the technical documentation referred to in paragraph (2)(a) can be made available to those authorities upon request,

(b) where the importer considers or has reason to believe that the product is not in conformity with these Regulations –

(i) immediately take the corrective measures necessary to bring that product into conformity, or

(ii) if appropriate, withdraw that product,

(c) where the product does not comply with the applicable accessibility requirements, the importer shall immediately inform the competent national authorities of the Member States in which the importer made the product available to that effect, giving details, in particular, of the non-compliance and of any corrective measures taken,

(d) keep a register of products that do not comply with the applicable accessibility requirements and of the related complaints,

(e) further to a request in a notice given to the importer by the market surveillance authority, giving reasons for the request, provide the market surveillance authority, in a language which can be easily understood by the authority, with all the information and documentation, in paper or electronic form, necessary to demonstrate the conformity of the product, and

(f) cooperate with the market surveillance authority, at its request, on any action taken to eliminate the non-compliance of the product with the applicable accessibility requirements.

(7) Where the importer concerned fails to comply within such time as is specified in the request with a request under paragraph (6)(e), the market surveillance authority may give the importer a direction requiring the importer to, within such period and in such manner as is specified in the direction and as the market surveillance authority considers reasonable, provide the information or documentation concerned.

Obligations of distributors

11. (1) A distributor shall act with due care in relation to the requirements of these Regulations when making a product available on the market.

(2) Before making a product available on the market, a distributor shall verify that –

(a) the product bears the CE marking,

(b) the product is accompanied by the documents specified in Regulation 8,

(c) the product is accompanied by instructions and safety information, in a language which can be easily understood by consumers and other end-users, and

(d) the manufacturer and the importer have complied with the requirements specified in subparagraphs (d) and (e) of Regulation 8(2) and subparagraph (f) of Regulation 10(2) respectively.

(3) Where, before a product is made available on the market, a distributor considers or has reason to believe that the product is not in conformity with the applicable accessibility requirements, the distributor shall not make that product available on the market until it has been brought into conformity.

(4) Where a product referred to in paragraph (3) does not comply with the applicable accessibility requirements, the distributor shall inform the manufacturer or the importer concerned and the market surveillance authority to that effect.

(5) A distributor shall ensure that, while a product is under the responsibility of the distributor, the storage of the product or the conditions under which it is transported do not jeopardise its compliance with the applicable accessibility requirements.

(6) A distributor who has made a product available on the market shall –

(a) where the distributor considers or has reason to believe that the product is not in conformity with these Regulations –

(i) take the corrective measures necessary to bring that product into conformity, or

(ii) if appropriate, withdraw that product,

(b) where the product does not comply with the applicable accessibility requirements, immediately inform the competent national authorities of the Member States in which the distributor made that product available to that effect, giving details, in particular, of the non-compliance and of any corrective measures taken,

(c) further to a request in a notice given to the distributor by the market surveillance authority, giving reasons for the request, provide the market surveillance authority with all the information and documentation, in paper or electronic form, necessary to demonstrate the conformity of the product, and

(d) cooperate with the market surveillance authority, at its request, on any action taken to eliminate the non-compliance of the product with the applicable accessibility requirements.

(7) Where the distributor concerned fails to comply, within such time as is specified in the request, with a request under paragraph (6)(c), the market surveillance authority may give the distributor a direction requiring the distributor to, within such period and in such manner as is specified in the direction and as the market surveillance authority considers reasonable, provide the information or documentation concerned.

Cases where obligations of manufacturer apply to importer or distributor

12. (1) Where any of the circumstances specified in paragraph (2) apply, the importer or distributor concerned shall be –

(a) considered to be a manufacturer for the purposes of these Regulations, and

(b) shall be subject to the obligations of a manufacturer under Regulation 8, subject to the following modifications

(i) a reference in that Regulation to a manufacturer shall be construed as a reference, as the case may be, to an importer or distributor;

(ii) any other necessary modifications.

(2) The circumstances referred to in paragraph (1) are the following

(a) the importer or the distributor concerned –

(i) in the case of the importer, places a product on the market under the importer’s name or trade mark, or

(ii) in the case of the distributor, places a product or the market under the distributor’s name or trade mark;

(b) the importer or distributor modifies a product already placed on the market in such a way that compliance with the requirements of these Regulations may be affected.

Identification of economic operators

13. (1) Upon receipt of a request from the market surveillance authority, an economic operator referred to in Regulations 8 to 11 (in this Regulation referred to as the “first economic operator”) shall identify the following to the market surveillance authority

(a) any other economic operator who has supplied the first economic operator with a product;

(b) any other economic operator to whom the first economic operator has supplied a product.

(2) An economic operator referred to in Regulations 8 to 11 shall ensure that the economic operator is able to present the information specified in paragraph (1) for a period of 5 years after the economic operator has been supplied with, or has supplied, the product.

(3) Where the first economic operator concerned fails to comply, within such time as is specified in the request, with a request under paragraph (1), the market surveillance authority may give the first economic operator a direction requiring the first economic operator to, within such period and in such manner as is specified in the direction and as the market surveillance authority considers reasonable, provide the information concerned.

Part 5

OBLIGATIONS OF SERVICE PROVIDERS

Obligations of service providers

14. (1) A service provider shall ensure that a service provided by the service provider is designed and provided in accordance with the applicable accessibility requirements.

(2) Before providing a service, a service provider shall –

(a) prepare the necessary information in accordance with Schedule 3, which, without prejudice to the generality of the Schedule, shall explain how the service meets the applicable accessibility requirements,

(b) make the information specified in subparagraph (a) available to the public in writing and in oral format, including in a manner that is accessible to persons with disabilities, and

(c) keep the information specified in subparagraph (a) for as long as the service is in operation.

(3) Without prejudice to Regulation 38, a service provider shall –

(a) ensure that procedures are in place so that the provision of a service remains in conformity with the applicable accessibility requirements, and

(b) adequately take into account changes in –

(i) the characteristics of the provision of the service,

(ii) applicable accessibility requirements, and

(iii) the harmonised standards or technical specifications by reference to which a service is declared to meet the applicable accessibility requirements.

(4) A service provider shall –

(a) where the service is not in conformity with the applicable accessibility requirements, take the corrective measures necessary to bring that service into conformity,

(b) where the service is not compliant with the applicable accessibility requirements, immediately inform the competent national authorities of the Member States in which that service is provided to that effect, and give details, in particular, of the non-compliance and of the corrective measures taken,

(c) further to a request in a notice given to the service provider by the relevant compliance authority, giving reasons for the request, provide the relevant compliance authority with all information, in paper or electronic form, necessary to demonstrate the conformity of the service with the applicable accessibility requirements, and

(d) cooperate with the relevant compliance authority, at its request, on any action taken to bring the service into compliance with the applicable accessibility requirements.

(5) Where the service provider concerned fails to comply within such time as is specified in the request with a request under paragraph (4)(c), the relevant compliance authority may give the service provider a direction requiring the service provider to, within such period and in such manner as is specified in the direction and as the relevant compliance authority considers reasonable, provide the information concerned.

Part 6

FUNDAMENTAL ALTERATION OF PRODUCTS OR SERVICES AND DISPROPORTIONATE BURDEN TO ECONOMIC OPERATORS

Fundamental alteration and disproportionate burden

15. (1) Subject to paragraphs (2) and (8), the applicable accessibility requirements shall apply only to the extent that compliance with those requirements does not –

(a) require a significant change in a product or service concerned that results in the fundamental alteration of its basic nature, or

(b) result in a disproportionate burden on the economic operator concerned.

(2) An economic operator may rely on paragraph (1) only where –

(a) the economic operator carries out an assessment (in these Regulations referred to as an “assessment”) of whether clause (i) or (ii) of subparagraph (b) applies, and

(b) the result of the assessment is that compliance with the applicable accessibility requirements would, as applicable –

(i) introduce a fundamental alteration of the basic nature of the product or service concerned, or

(ii) impose a disproportionate burden on the economic operator concerned.

(3) An assessment of whether clause (ii) of paragraph (2)(b) applies shall be based on the relevant criteria specified in Schedule 4.

(4) Subject to paragraph (5), an economic operator who relies on paragraph (1) shall –

(a) document the assessment carried out under paragraph (2),

(b) retain a written record of the relevant results of the assessment for a period of 5 years after –

(i) in the case of a product, the date on which the product was last made available on the market, or

(ii) in the case of a service, the date on which the service was last provided, and

(c) further to a request from any of the following authorities, provide that authority with a copy of the assessment

(i) where the assessment relates to a product, the market surveillance authority;

(ii) where the assessment relates to a service, the relevant compliance authority.

(5) Subject to paragraph (6), paragraph (4) shall not apply to a microenterprise that deals with products.

(6) Where the market surveillance authority so requests, a microenterprise referred to in paragraph (5) that relies on paragraph (1) shall provide the authority with the facts relevant to the assessment concerned.

(7) Where a service provider relies on subparagraph (b) of paragraph (1), the service provider shall, in relation to each category or type of service that the service provider provides, renew the assessment carried out under paragraph (2) of whether clause (ii) of paragraph (2)(b) applies in relation to the service –

(a) where –

(i) the service offered is altered, or

(ii) requested to do so by the relevant compliance authority, and

(b) in any event, at least every 5 years.

(8) An economic operator shall not be entitled to rely on subparagraph (b) of paragraph (1) where the economic operator receives funding from sources other than the economic operator’s own resources, whether public or private, that is provided for the purpose of improving accessibility.

(9) Subject to paragraph (10), an economic operator that –

(a) places a product on the market or provides a service in the State, and

(b) relies on paragraph (1) in respect of the product or service,

shall provide information to that effect to –

(i) in the case of a product, the market surveillance authority, or

(ii) in the case of a service, the relevant compliance authority.

(10) Paragraph (9) shall not apply to microenterprises.

(11) Where the economic operator concerned fails to comply, within such time as is specified in the request, with a request under paragraph (4)(c), or (6), the relevant authority concerned may give the economic operator a direction requiring the economic operator to, within such period and in such manner as is specified in the direction and as the relevant authority considers reasonable, provide the information or documentation concerned.

Part 7

HARMONISED STANDARDS AND TECHNICAL SPECIFICATIONS OF PRODUCTS AND SERVICES

Presumption of conformity

16. (1) Products and services, which are in conformity with harmonised standards (or parts of harmonised standards), references to which standards have been published in the Official Journal of the European Union, shall be presumed to be in conformity with the applicable accessibility requirements in so far as those standards (or parts of those standards) cover those requirements.

(2) Products and services, which are in conformity with technical specifications (or parts of technical specifications) shall be presumed to be in conformity with the applicable accessibility requirements in so far as those specifications (or parts of those specifications) cover those requirements.

Part 8

CONFORMITY OF PRODUCTS AND CE MARKING

EU declaration of conformity of products

17. (1) A manufacturer of a product, when drawing up an EU declaration of conformity under Regulation 8(2)(c)(i) in respect of the product, shall ensure that the declaration –

(a) states that the fulfilment of the applicable accessibility requirements has been demonstrated,

(b) where, as an exception, Regulation 15 has been relied upon, states the accessibility requirements that are subject to the exception,

(c) has the model structure specified in Schedule 5,

(d) contains the elements specified in Schedule 2,

(e) is continuously updated, and

(f) when the product is placed or made available on the market in the State, is translated into both the Irish and English languages or the English language only.

(2) A manufacturer of a product that is subject to more than one Union act requiring an EU declaration of conformity, when drawing up an EU declaration of conformity in respect of the product, shall draw up a single EU declaration of conformity relating to the product (in this Regulation referred to as a “single EU declaration of conformity”) in respect of all such Union acts.

(3) A single EU declaration of conformity shall identify the Union acts concerned including their publication references.

(4) An obligation of a manufacturer of a product referred to in paragraphs (1) to (3) may be performed by an authorised representative of such a manufacturer who is acting on behalf, and under the responsibility of the manufacturer, where the obligation concerned is specified in the mandate referred to in Regulation 9.

(5) A manufacturer of a product who draws up an EU declaration of conformity in accordance with this Regulation, or on whose behalf such a declaration is drawn up by an authorised representative to whom paragraph (4) applies, assumes responsibility for the compliance of the product concerned with the requirements specified in these Regulations.

(6) The requirements specified in these Regulations in relation to technical documentation shall not operate to impose an undue burden on an economic operator that is a microenterprise or small and medium-sized enterprises.

CE Marking

18. The CE marking shall be subject to the general principles specified in Article 30 of Regulation (EC) No. 765/2008.

Rules and Conditions for affixing CE Marking

19. (1) A manufacturer of a product, shall, in accordance with this Regulation, affix the CE marking to the product before it is placed on the market.

(2) The CE marking shall be affixed –

(a) visibly, legibly and indelibly to the product or its data plate, or

(b) where compliance with subparagraph (a) is not possible, or warranted, on account of the nature of the product, to the packaging and to the accompanying documents.

(3) A person shall not affix to a product a sign, marking or inscription that is likely to mislead third parties as to the meaning or form of the CE marking.

(4) A person shall not affix to a product a marking if it is likely to impair the visibility, legibility or meaning of the CE marking.

(5) An obligation of a manufacturer of a product referred to in this Regulation may be performed by an authorised representative of such a manufacturer who is acting on behalf, and under the responsibility of the manufacturer, where the obligation concerned is specified in the mandate referred to in Regulation 9.

Part 9

MARKET SURVEILLANCE OF PRODUCTS AND UNION SAFEGUARD PROCEDURE

Market surveillance of products

20. (1) For the purposes of Article 19 and the application to products of the relevant provisions, the market surveillance authority shall, in relation to the products to which these Regulations apply –

(a) be the market surveillance authority, within the meaning of Regulation (EU) 2019/1020, in the State for the purposes of the relevant provisions and in relation to that application,

(b) perform the functions assigned to a market surveillance authority by the relevant provisions and in relation to that application, and

(c) perform the functions specified in Article 34(4) of Regulation (EU) 2019/1020 in relation to that application.

(2) When carrying out market surveillance of products, the market surveillance authority shall, when the economic operator has relied on Regulation 15 –

(a) check that the assessment has been conducted by the economic operator,

(b) review that assessment and its results, including the correct use of the criteria specified in Schedule 4, and

(c) check compliance with the applicable accessibility requirements.

(3) Subject to paragraph (4), the market surveillance authority shall ensure that information held by it concerning the compliance of economic operators with the applicable accessibility requirements and the assessment, is made available to consumers upon request and in an accessible format.

(4) Paragraph (3) shall not apply in respect of information that cannot be provided for reasons of confidentiality, professional and commercial secrecy or the protection of personal data, as provided for in Article 17 of Regulation (EU) 2019/1020.

(5) In this Regulation, “relevant provisions” means the provisions of Regulation (EU) 2019/1020 specified in the correlation table in Annex III to that Regulation, to which references to Articles 15(3), Articles 16 to 19, Article 21, Articles 23 to 28 and Article 29(2) and (3) of Regulation (EC) No. 765/2008 are to be construed as being pursuant to Article 39(2) of Regulation (EU) 2019/1020.

Procedure at national level for dealing with products not complying with applicable accessibility requirements

21. (1) Where the market surveillance authority has sufficient reason to believe that a product to which these Regulations apply does not comply with the applicable accessibility requirements, it shall carry out an evaluation in relation to the product concerned covering all requirements laid down in these Regulations.

(2) The relevant economic operator shall fully cooperate with the market surveillance authority for the purpose of an evaluation carried out under paragraph (1).

(3) Where, in the course of an evaluation carried out under paragraph (1), the market surveillance authority finds that the product does not comply with the requirements laid down in these Regulations, it shall, without delay, give the economic operator a direction requiring the economic operator to, within such period as is specified in the direction and as the market surveillance authority considers reasonable, take all appropriate corrective action to bring the product into compliance with those requirements.

(4) Where an economic operator who is the subject of a direction under paragraph (3) fails to take adequate corrective action within the period specified in the direction, the market surveillance authority shall give the economic operator a direction requiring the economic operator to, within such period as is specified in the direction and as the market surveillance authority considers reasonable, withdraw the product from the market.

(5) Where the market surveillance authority considers that non-compliance is not restricted to the State, it shall, without delay, inform the Commission and the other Member States of the results of the evaluation and of the actions which it has required the economic operator to take.

(6) An economic operator to whom paragraph (3) applies shall ensure that all appropriate corrective action is taken in respect of all the products concerned that the economic operator has made available on the market throughout the Union.

(7) Where the economic operator does not take adequate corrective action within the period specified in a direction under paragraph (4), the market surveillance authority shall, without delay, take all appropriate provisional measures to –

(a) prohibit or restrict the product concerned being made available on the market in the State, or

(b) withdraw the product from that market.

(8) Where the market surveillance authority takes a provisional measure under paragraph (7), it shall, without delay, inform the Commission and the other Member States of the measure.

(9) The information provided by the market surveillance authority under paragraph (8) shall –

(a) include all available details,

(b) without prejudice to the generality of subparagraph (a), include details of –

(i) the data necessary for the identification of the non-compliant product,

(ii) the origin of the product,

(iii) the nature of the non-compliance alleged and the accessibility requirements with which the product does not comply,

(iv) the nature and duration of the national measures taken, and

(v) the arguments put forward by the relevant economic operator,

and

(c) indicate whether the non-compliance is due to either –

(i) the failure of the product to meet the applicable accessibility requirements, or

(ii) the shortcomings in the harmonised standards or in the technical specifications referred to in Regulation 16.

(10) Where a Member State other than the State initiates the procedure under Article 20, the market surveillance authority shall without delay inform the Commission and the other Member States of –

(a) any measures taken by the market surveillance authority in respect of the product concerned,

(b) any additional information at the disposal of the market surveillance authority relating to the non-compliance of the product concerned, and

(c) where the market surveillance authority disagrees with the measure taken by the Member State concerned, the objections of the market surveillance authority.

(11) Where, within three months of the market surveillance authority informing, under paragraph (8), the Commission and other Member States of a provisional measure taken, no objection has been raised by either a Member State or the Commission in respect of the measure, the measure shall be deemed to be justified.

(12) Where, pursuant to paragraph (7) of Article 20, a measure taken by a Member State other than the State is deemed justified, the market surveillance authority shall, for the purposes of that paragraph and without delay, take such measures as it considers appropriate in respect of the product, which may include –

(a) prohibiting or restricting the product concerned being made available on the market in the State, or

(b) withdrawing the product from that market.

(13) Where the market surveillance authority takes a provisional measure under paragraph (7) or a measure under paragraph (12), it shall as soon as practicable give notice to the economic operator informing the economic operator of the measure concerned and of the effect of Regulation 28.

Union safeguard procedure

22. (1) Where, pursuant to Article 21, a national measure of a Member State other than the State is considered to be justified, the market surveillance authority shall –

(a) take the necessary measures to ensure that the non-compliant product is withdrawn from the market in the State, and

(b) inform the Commission accordingly.

(2) Where the market surveillance authority takes a measure under paragraph (1)(a), it shall as soon as practicable give notice to the economic operator informing the economic operator of the measure concerned and of the effect of Regulation 28.

(3) Where, pursuant to Article 21, a measure taken by the market surveillance authority is considered to be unjustified, the market surveillance authority shall withdraw that measure.

(4) Where paragraph (1) of Article 21 applies, the market surveillance authority shall consult with the Commission for the purposes of that paragraph.

Formal non-compliance

23. (1) Without prejudice to Regulation 21, where the market surveillance authority makes one of the findings specified in paragraph (2), it shall give the relevant economic operator a direction requiring it to, within such period as is specified in the direction and as the market surveillance authority considers reasonable, take such measures as are specified in the direction to end the non-compliance concerned.

(2) The findings referred to in paragraph (1) are the following

(a) the CE marking has been affixed in violation of Article 30 of Regulation (EC) No. 765/2008 or of Regulation 19;

(b) the CE marking has not been affixed;

(c) the EU declaration of conformity has not been drawn up;

(d) the EU declaration of conformity has not been drawn up correctly;

(e) technical documentation is either not available or not complete;

(f) the information referred to in Regulation 8(2)(e) or Regulation 10(2)(f) is absent, false or incomplete;

(g) any other administrative requirement provided for in Regulation 8 or Regulation 10 is not fulfilled.

(3) Where the relevant economic operator does not comply with a direction given under paragraph (1) within the period specified in the direction, the market surveillance authority may, in respect of the non-compliance, take all appropriate measures to –

(a) restrict or prohibit the product from being made available on the market in the State, or

(b) withdraw the product from the market in the State.

(4) Where the market surveillance authority takes a measure specified in paragraph (3), the authority shall as soon as practicable give notice to the economic operator informing the economic operator of the measure concerned and of the effect of Regulation 28.

Part 10

COMPLIANCE OF SERVICES

Compliance of services

24. (1) The relevant compliance authority in relation to a service shall, in respect of that service, perform the following functions

(a) checking the compliance of the service concerned with the requirements specified in these Regulations, including the assessment;

(b) following up complaints or reports on issues relating to non-compliance of the service concerned with the applicable accessibility requirements;

(c) verifying that the economic operator concerned has taken the necessary corrective action.

(2) When performing its functions under paragraph (1)(a), a relevant compliance authority shall, where the economic operator has relied on Regulation 15 –

(a) check that the assessment has been conducted by the economic operator,

(b) review that assessment and its results, including the correct use of the criteria specified in Schedule 4, and

(c) check compliance with the applicable accessibility requirements.

(3) An economic operator shall fully cooperate with the relevant compliance authority in the performance by the authority of its functions under paragraph (1).

(4) Where, in the course of performing its functions under paragraph (1), the relevant compliance authority finds that the service concerned does not comply with the requirements specified in these Regulations, it shall, without delay, give the economic operator a direction requiring the economic operator to, within such period as is specified in the direction and as the relevant compliance authority considers reasonable, take all appropriate corrective action to bring the service into compliance with those requirements.

(5) A relevant compliance authority shall –

(a) make available to the public information concerning its existence, responsibilities, identity, work and decisions, and

(b) on request, make the information specified in subparagraph (a) available in an accessible format.

(6) A relevant compliance authority shall –

(a) periodically review the procedures that apply to the performance by it of its functions under these Regulations, and

(b) on completion of a review under subparagraph (a), prepare a report containing the findings of the review including, where applicable, recommendations in relation to the updating of the procedures.

Part 11

ACCESSIBILITY REQUIREMENTS IN OTHER UNION ACTS

Accessibility under other Union acts

25. (1) The accessibility requirements specified in Schedule 1 shall, in relation to the products and services referred to in Regulation 3, constitute mandatory accessibility requirements for the purposes of Regulation 42(5) of the European Union (Award of Public Authority Contracts) Regulations 2016 (

S.I. No. 284 of 2016

) and Regulation 67(5) of the European Union (Award of Contracts by Utility Undertakings) Regulations 2016 (

S.I. No. 286 of 2016

).

(2) Any product or service, the features, elements or functions of which comply with the accessibility requirements specified in Schedule 1 in accordance with Part 6 thereof, shall be presumed to fulfil the relevant obligations specified in Union acts, other than the Directive, as regards accessibility, for those features, elements or functions, unless otherwise provided in those other acts.

Harmonised standards and technical specifications for other Union acts

26. Conformity with harmonised standards and technical specifications, or parts thereof, that are adopted in accordance with Article 15 shall create a presumption of compliance with Regulation 25 in so far as those standards and technical specifications, or parts thereof, meet the accessibility requirements of these Regulations.

Part 12

ENFORCEMENT

Directions

27. (1) A relevant authority, in giving a direction to an economic operator under these Regulations, shall do so in accordance with this Regulation.

(2) A relevant authority, where it proposes to give a direction to an economic operator, shall, before giving the direction, give notice of the proposal to the economic operator, which notice shall include –

(a) a statement in summary form of the proposal and the reasons for it, and

(b) a statement that the economic operator may, within 14 days of receipt of the notice, make representations in writing to the authority in relation to the proposal, and of the effect of paragraph (3).

(3) The relevant authority referred to in paragraph (2), in deciding whether to give the direction concerned to the economic operator, shall consider any representations made by the economic operator in accordance with paragraph (2)(b).

(4) A direction under paragraph (1) shall –

(a) be in writing,

(b) be served upon the economic operator in accordance with Regulation 40,

(c) include a statement of the reason for the giving of the direction, which shall identify the requirement laid down in the Regulations that, in the opinion of the relevant authority, is not being complied with,

(d) specify –

(i) the date on which the direction takes effect,

(ii) the action required to be taken by the economic operator, and

(iii) the period within which the action shall be taken,

(e) inform the economic operator of –

(i) his or her obligation to confirm compliance with the direction in accordance with paragraph (6),

(ii) his or her right to appeal the direction under Regulation 28,

(iii) the effect of Regulation 29, and

(iv) the effect of Regulation 32(3), and

(f) be signed and dated by the relevant authority.

(5) Without prejudice to the generality of paragraph (4)(d), a direction may require that the action required to be taken be taken –

(a) where the relevant authority is of the opinion that this is necessary because of the urgency of the matter, immediately,

(b) from a specified date,

(c) by a specified date, or

(d) between specified dates.

(6) An economic operator to whom a direction has been given shall, within the period specified in the direction, comply with the direction.

(7) An economic operator to whom a direction has been given shall, as soon as practicable after complying with the direction, and in any case not later than 7 days after the end of the period specified in the direction, notify the relevant authority concerned in writing of such compliance.

(8) The relevant authority shall, within one month of receiving a notification under paragraph (7), and where satisfied that the direction has been complied with, give notice to the economic operator concerned confirming such compliance.

(9) The relevant authority may, where it considers it appropriate to do so, by notice in writing to the economic operator to whom the direction was given, withdraw a direction in whole or in part.

(10) This Regulation shall not operate to prevent or restrict –

(a) the entitlement of any person to bring proceedings for the purpose of securing compliance with these Regulations, Regulation (EC) No. 765/2008 or Regulation (EU) 2019/1020, or

(b) the bringing or prosecuting of any proceedings for an offence under these Regulations.

Appeal against a direction or measure

28. (1) An economic operator who is the subject of a direction given, or a measure taken, under these Regulations may, in accordance with this Regulation, appeal the direction or measure to the District Court.

(2) An appeal under this Regulation shall be made by written notice, which shall contain a statement of the grounds on which the appeal is made and which shall be lodged with the appropriate office of the District Court not later than 14 days from the date on which the direction concerned was given or the notice of the measure was served.

(3) An economic operator who appeals in accordance with paragraph (2) or makes an application under paragraph (4) shall, at the same time, notify the relevant authority that gave the direction or took the measure the subject of the appeal and the relevant authority shall be entitled to appear, be heard and adduce evidence at the hearing of the appeal or the application, as the case may be.

(4) The bringing of an appeal shall not have the effect of suspending the operation of the direction or measure the subject of the appeal but the District Court to which the appeal has been made, may, on application to it by the appellant, suspend its operation until the appeal is determined or withdrawn.

(5) On the hearing of an appeal, the District Court may confirm, vary or revoke the direction or measure the subject of the appeal.

(6) The jurisdiction conferred on the District Court by this Regulation may be exercised by a judge of the District Court for the time being assigned to the District Court district in which –

(a) (i) where the direction or measure the subject of the appeal relates to a product, the product was made available on the market, or

(ii) where the direction or measure the subject of the appeal relates to a service, the service was provided,

or

(b) the economic operator concerned ordinarily resides or carries on any business, trade or profession.

(7) In this Regulation, “measure” means a provisional measure under Regulation 21(7) or a measure under Regulation 21(12), Regulation 22(1)(a) or Regulation 23(3).

Relevant authority may seek order for compliance with direction

29. (1) Where an economic operator to whom a direction has been given does not comply, or has failed to comply, with the direction, the relevant authority that gave the direction may, in accordance with this Regulation, apply to the Circuit Court for an order under this Regulation directing such compliance.

(2) A relevant authority, where it proposes to make an application under this Regulation, shall, before making such an application, give notice of the proposal to the economic operator, which notice shall include –

(a) a statement in summary form of the proposal and the reasons for it, and

(b) a statement that the economic operator may, within 14 days of receipt of the notice, make representations in writing to the authority in relation to the proposal, and of the effect of paragraph (3).

(3) The relevant authority referred to in paragraph (2) shall –

(a) in deciding whether to make an application under this Regulation, consider any representations made by the economic operator in accordance with paragraph (2)(b), and

(b) where such representations have been made, shall not make an application earlier than 14 days after it has received them.

(4) An application under this Regulation shall be on notice to the economic operator concerned and the economic operator shall be entitled to appear, be heard and adduce evidence at the hearing of the application.

(5) The court to which an application under this Regulation is made may make such order as it sees fit, and without prejudice to the generality of the foregoing, such an order may do one or more of the following

(a) include a declaration that the economic operator concerned has failed to comply with the direction or with a part of it;

(b) require the economic operator to comply with the direction, or part of it, in such manner and within such period as the court may specify;

(c) impose such other conditions upon the economic operator as the court considers appropriate.

(6) An application under this Regulation shall be made to the judge of the Circuit Court for the circuit in which –

(a) (i) where the direction the subject of the application relates to a product, the product concerned was made available on the market, or

(ii) where the direction the subject of the application relates to a service, the service concerned was provided,

or

(b) the economic operator concerned ordinarily resides or carries on any business, trade or profession.

(7) The Circuit Court shall have jurisdiction to hear and determine an application under this Regulation which it is satisfied it is appropriate for it to deal with as a court of local and limited jurisdiction and, for the purpose of the court’s satisfying itself of that matter, the matters to which it shall have regard include –

(a) the nature, gravity, scale and duration of the non-compliance,

(b) whether an order under this Regulation would result in the imposition of a disproportionate burden on the economic operator concerned, and

(c) the number of persons affected.

(8) If, in relation to an application under this Regulation to the Circuit Court, that court becomes of the opinion, during the hearing of the application, that it is not appropriate for the Circuit Court to deal with the application, it may, if it so thinks fit, transfer the application to the High Court.

(9) Paragraph (8) is without prejudice to the jurisdiction of the Circuit Court to determine an application under this Regulation which, at the time of the making of the application, it was satisfied it had jurisdiction to deal with.

(10) Where an application is transferred under paragraph (8) to the High Court, the High Court shall be deemed to have made any order of a procedural nature that was made by the court from which it is so transferred in the proceedings in relation to the application.

Consumer may seek order for compliance with Regulations

30. (1) A consumer who believes that an economic operator has failed or is failing to comply with one or more requirements laid down in these Regulations may apply to the Circuit Court for an order under this Regulation directing such compliance.

(2) An application under this Regulation shall be on notice to the following persons, who shall be entitled to appear, be heard and adduce evidence at the hearing of the application –

(a) the economic operator against whom the order is sought, and

(b) where the alleged non-compliance relates to –

(i) a product, the market surveillance authority, and

(ii) a service, the relevant compliance authority.

(3) The court to which an application under this Regulation is made may make such order as it sees fit, and without prejudice to the generality of the foregoing, such an order may do one or more of the following

(a) include a declaration that the economic operator concerned has failed to comply with a requirement laid down in these Regulations;

(b) require the economic operator to comply with a requirement laid down in these Regulations, in such manner and within such period as the court may specify;

(c) impose such other conditions upon the economic operator as the court considers appropriate.

(4) Subject to paragraph (5), an application under this Regulation shall be made to the judge of the Circuit Court for the circuit in which the consumer making the application ordinarily resides or carries on any business, trade or profession.

(5) Where the consumer making an application under this Regulation does not ordinarily reside or carry on any business, trade or profession in the State, the Circuit Court for the purposes of paragraph (4) shall be the Circuit Court for the Dublin Circuit.

(6) The Circuit Court shall have jurisdiction to hear and determine an application under this Regulation which it is satisfied it is appropriate for it to deal with as a court of local and limited jurisdiction and, for the purpose of the court’s satisfying itself of that matter, the matters to which it shall have regard include –

(a) the nature, gravity, scale and duration of the non-compliance,

(b) whether an order under this Regulation would result in the imposition of a disproportionate burden on the economic operator concerned, and

(c) the number of persons affected.

(7) If, in relation to an application under this Regulation to the Circuit Court, that court becomes of the opinion, during the hearing of the application, that it is not appropriate for the Circuit Court to deal with the application, it may, if it so thinks fit, transfer the application to the High Court.

(8) Paragraph (7) is without prejudice to the jurisdiction of the Circuit Court to determine an application under this Regulation which, at the time of the making of the application, it was satisfied it had jurisdiction to deal with.

(9) Where an application is transferred under paragraph (7) to the High Court, the High Court shall be deemed to have made any order of a procedural nature that was made by the court from which it is so transferred in the proceedings in relation to the application.

(10) A public body or private association, organisation or other legal entity that has a legitimate interest in ensuring that these Regulations are complied with, may, with the approval of the person, engage on behalf of or in support of a consumer who makes an application under this Regulation.

Authorised officers

31. (1) A relevant authority may appoint such and so many persons as it thinks fit to be authorised officers for the purposes of ensuring compliance with these Regulations.

(2) An authorised officer shall be furnished with a warrant of his or her appointment and, when exercising any power conferred on him or her under these Regulations shall, if requested by any person thereby affected, produce the warrant or a copy of it to that person for inspection.

(3) The relevant authority that appoints an authorised officer under paragraph (1) may terminate the appointment whether or not the appointment was for a fixed period.

(4) An appointment of an authorised officer ceases –

(a) if it is terminated under paragraph (3),

(b) if it is for a fixed period, on the expiry of that period, or

(c) if the person appointed is a member of staff of the relevant authority, upon the person ceasing to be such a member of staff.

(5) An authorised officer may for the purpose of ensuring that these Regulations are being complied with and where necessary and justified do one or more of the following

(a) subject to paragraphs (8) and (9), at all reasonable times enter any premises or place at which there are reasonable grounds to believe that any activity, trade or business relating to the manufacture, import or distribution of a product to which these Regulations apply, or the provision of a service to which these Regulations apply, is or has been carried on, or records relating to such activity, trade or business are kept, and search and inspect the premises or place and any products, records or services found therein;

(b) secure for later inspection any premises or place or part of it in which such products or records are kept or services have been provided, or where there are reasonable grounds for believing that such products or records are kept or that such services are provided;

(c) require any person in charge of or employed in such premises or place to produce to the officer such books, documents or records (and in the case of such information in a non-legible form to reproduce it in a permanent legible form) that are in the person’s power or control or to give to the officer such information as the officer may reasonably require in relation to any entries in such records;

(d) inspect and take copies of or extracts from any such books, documents or records (including in the case of information in non-legible form a copy of or extract from such information in a permanent legible form) or require that such a copy be provided;

(e) require a person at a premises or place referred to in subparagraph (a) by whom or on whose behalf a computer is or has been used to produce or store records or any person having control of, or otherwise concerned with the operation of the computer, to afford the authorised officer access thereto and such reasonable assistance as the authorised officer may require;

(f) remove and detain, where the officer has reasonable cause to suspect that there has been a contravention of these Regulations, the product or records for such period as may be reasonable for further examination or until the conclusion of any legal proceedings;

(g) require that records at a premises or place referred to in subparagraph (a) be maintained for such period as the authorised officer reasonably considers to be necessary;

(h) require by notice, at a time and place specified in the notice, any person (including the person in charge) to give the authorised officer any information that the authorised officer may reasonably require in relation to a product or service, or any activity, process, procedure, matter or thing at, or carried on at, such place or premises, and to produce to the authorised officer any records that are in that person’s power, possession or control;

(i) as regards any product or record the officer finds at or in a premises or place, take any measurements or photographs or make any tape, electrical or other recordings that the authorised officer considers necessary and require any person in charge of the premises or place, or any person who appears to the officer to be in possession of relevant products, to supply without payment, for test, examination or analysis sufficient samples thereof;

(j) in relation to any product found at a premises or place in accordance with subparagraph (i), take possession of it and detain it for so long as is necessary for all or any of the following purposes, namely to –

(i) examine or arrange for the examination of it and do to it anything which he or she has power to do under subparagraph (i),

(ii) ensure that it is not tampered with before the examination of it is completed, and

(iii) ensure that it is available for use as evidence in any proceedings;

(k) require any person to afford the officer such facilities and assistance within the person’s control or responsibilities as are reasonably necessary to enable the officer to exercise any of the powers conferred on an authorised officer under this Regulation.

(6) Where under the power conferred by paragraph (5)(i) an authorised officer takes possession of any product found at or in any premises, the officer shall, if it is practicable for him or her to do so, take a sample thereof and give to a responsible person at the premises a portion of the sample marked in a manner sufficient to identify it.

(7) A statement or admission made by a person pursuant to a requirement under paragraph (5)(h) shall not be admissible in proceedings brought against that person for an offence (other than under paragraph (13)).

(8) An authorised officer shall not, other than with the consent of the occupier, enter a private dwelling unless he or she has obtained a warrant from the District Court under paragraph (11) authorising such entry.

(9) Where an authorised officer in the exercise of the officer’s powers under this Regulation is prevented from entering any premises, an application may be made to the District Court under paragraph (11) for a warrant authorising such entry.

(10) An authorised officer, where he or she considers it necessary, may be accompanied by a member of the Garda Síochána when performing any powers conferred on an authorised officer under this Regulation.

(11) If a judge of the District Court is satisfied on the sworn information of an authorised officer that there are reasonable grounds for suspecting that there is information required by an authorised officer under this Regulation held on any premises or any part of any premises or there are products which an authorised officer requires to inspect for the purposes of these Regulations or that such inspection is likely to disclose evidence of a contravention of these Regulations, the judge may issue a warrant authorising an authorised officer, whether alone or accompanied by other authorised officers or members of the Garda Síochána, at any time or times within one month from the date of issue of the warrant, on production if so requested of the warrant, to enter, if need be by reasonable force, the premises and exercise all or any of the powers conferred on an authorised officer under this Regulation.

(12) An application under paragraph (11) shall be made to the judge of the District Court in whose District Court District in which the premises or place, as the case may be, referred to in paragraph (5) is situate.

(13) A person shall not –

(a) obstruct or interfere with an authorised officer in the exercise of the officer’s powers under this Regulation,

(b) without reasonable excuse fail to comply with a request from an authorised officer under this Regulation, or

(c) make a statement to such officer which the person knows is false or misleading.

(14) In this Regulation, “product” includes any article or substance used in the manufacture, processing or preparation of the product.

Offences: Penalties

32. (1) A person who fails to comply with Regulation 5(1), paragraph (4) or (9) of Regulation 15, Regulation 17, Regulation 21(2) or Regulation 24(3) commits an offence.

(2) A person who –

(a) fails to comply with paragraph (1), (2), (3) or (4) of Regulation 19, or

(b) affixes to a product a CE marking which is not in conformity with the requirements of these Regulations,

commits an offence.

(3) A person who –

(a) fails to comply, within the period specified in the direction, with a direction given under these Regulations, or

(b) without reasonable excuse, fails to comply with an order under Regulation 29 or 30,

commits an offence.

(4) A person who contravenes a requirement of paragraph (13) of Regulation 31 commits an offence.

(5) A person who, in purported compliance with a requirement under these Regulations, furnishes information to a relevant authority that the person knows or ought reasonably to know to be false or misleading in a material respect commits an offence.

(6) A person who commits an offence under these Regulations shall be liable –

(a) on summary conviction to a class A fine or to imprisonment for a term not exceeding 6 months or to both, or

(b) on conviction on indictment to a fine not exceeding €60,000 or to imprisonment for a term not exceeding 18 months or to both.

(7) A court, in imposing a penalty under paragraph (6), shall, so far as applicable, have regard to the following

(a) the extent, including the seriousness, of the failure to comply with these Regulations;

(b) the number of units of products or services to which the failure to comply related;

(c) the number of persons affected by the failure to comply.

Liability for offences by body corporate

33. (1) Where an offence under these Regulations is committed by a body corporate and is proven to have been so committed with the consent, connivance or approval of, or to be attributable to any wilful neglect on the part of, any person, being a director, manager, secretary or other officer of the body corporate, or a person who was purporting to act in any such capacity, that person, as well as the body corporate, commits an offence and shall be liable to be proceeded against and punished as if he or she were guilty of the first-mentioned offence.

(2) Where the affairs of a body corporate are managed by its members, paragraph (1) applies in relation to the acts and defaults of a member in connection with his or her functions of management as if he or she were a director or manager of the body corporate.

Defence of due diligence

34. In proceedings for an offence under these Regulations, it shall be a defence for the person charged to prove that he or she exercised due diligence and took all reasonable precautions to avoid the commission of the offence.

Prosecution of summary offences

35. (1) Summary proceedings for an offence under these Regulations may be brought and prosecuted summarily by –

(a) the Competition and Consumer Protection Commission in relation to an offence relating to a function that is exercisable by that Commission,

(b) the Commission for Communications Regulation in relation to an offence relating to a function that is exercisable by that Commission,

(c) the Central Bank of Ireland in relation to an offence relating to a function that is exercisable by the Bank,

(d) the National Transport Authority in relation to an offence relating to a function that is exercisable by that Authority,

(e) the Irish Aviation Authority in relation to an offence relating to a function that is exercisable by that Authority, or

(f) Coimisiún na Meán in relation to an offence relating to a function that is exercisable by that Commission.

(2) A reference in paragraph (1) to a function exercisable by a body is a reference to a function exercisable by the body under these Regulations.

Public procurement procedures

36. Regulations 29, 30 and 32 shall not apply to procurement procedures that are subject to the European Union (Award of Public Authority Contracts) Regulations 2016 (

S.I. No. 284 of 2016

) or the European Union (Award of Contracts by Utility Undertakings) Regulations 2016 (

S.I. No. 286 of 2016

).

Part 13

MISCELLANEOUS

Provisions relating to Articles 26 and 28

37. (1) The Minister shall, for the purposes of paragraph (4) of Article 26, nominate such person, being a person whom he or she considers to be suitably qualified to perform the functions concerned, to perform the functions of an expert under that paragraph.

(2) The Minister shall, for the purposes of Article 28, nominate such persons, being persons referred to in that Article, as he or she considers appropriate to participate in the working group established under that Article.

(3) In nominating a person under paragraph (2), the Minister shall have regard to whether the person has the necessary experience and expertise to contribute to the discharge by the group of its functions under the Directive.

Transitional measures

38. (1) (a) Without prejudice to paragraph (2), a service provider may, for the period beginning on the date on which these Regulations apply and ending on 28 June 2030, continue to provide their services using products which were lawfully used by them to provide similar services before 28 June 2030.

(b) Service contracts agreed before 28 June 2025 may continue without alteration until they expire, but no longer than 5 years from that date.

(2) Self-service terminals lawfully used by service providers for the provision of services before 28 June 2025 may continue to be used in the provision of similar services until the end of their economically useful life, but no longer than 20 years after their entry into use.

Report and review

39. A relevant authority shall –

(a) maintain such data and information as it considers reasonably necessary for the purposes of compliance by it with paragraph (b), and

(b) at such intervals as the Minister may direct, and at any other time on the request of the Minister, provide the Minister with such information as the Minister may direct for the purpose of compliance by the Minister with paragraph (3) of Article 33.

Service of documents

40. (1) A notice, direction or other document required or authorised under these Regulations to be served on or given to a person shall be addressed to the person concerned by name, and may be served on or given to the person in one of the following ways

(a) by delivering it to the person, or to an employee, servant or agent of the person;

(b) by leaving it at the address at which the person ordinarily resides or, in a case in which an address for service has been furnished, at that address;

(c) by sending it by post in a prepaid registered letter to the address at which the person ordinarily resides or, in a case in which an address for service has been provided, to that address;

(d) by electronic means, in a case in which the person has given notice in writing to the person serving or giving the notice, direction or document concerned of the first mentioned person’s consent to the notice, direction or document (or notices, directions or documents of a class to which the notice, direction or document belongs) being served on, or given to, the person in that manner.

(2) For the purpose of this Regulation, a company formed and registered under the

Companies Act 2014

or an existing company within the meaning of that Act is deemed to be ordinarily resident at its registered office, and every other body corporate and every unincorporated body of persons shall be deemed to be ordinarily resident at its principal office or place of business.

Complaints

41. (1) Without prejudice to the generality of these Regulations, the functions of a relevant authority under these Regulations shall include the consideration, in accordance with this Regulation, of complaints that a product, service or economic operator has not complied, or is not in compliance, with a requirement laid down in these Regulations.

(2) The function under paragraph (1) shall be performed –

(a) where the complaint relates to a product, by the market surveillance authority, and

(b) where the complaint relates to a service, by the relevant compliance authority.

(3) On receipt of a complaint to which paragraph (1) applies, the relevant authority concerned –

(a) shall, without delay, provide the person who has made the complaint (in this Regulation referred to as the “complainant”) in writing with an acknowledgement of such receipt, and

(b) may request the complainant in writing to provide further written particulars of the complaint for the purpose of its consideration of the complaint.

(4) Subject to paragraph (5), the relevant authority concerned shall, within a reasonable period of time, inform the complainant in writing of the outcome of its consideration of a complaint.

(5) The relevant authority concerned may decide not to consider a complaint (or to discontinue such consideration) where it believes on reasonable grounds that –

(a) the complaint is frivolous or vexatious or was not made in good faith,

(b) the subject matter of the complaint is trivial, or

(c) the complainant has failed to respond to a request for further particulars of the complaint fully or within the time specified by the relevant authority under paragraph (3).

(6) Where paragraph (5) applies, the relevant authority shall, within a reasonable period of time, inform the complainant in writing of its decision and the reasons for the decision.

SCHEDULE 1

Accessibility Requirements for Products and Services

Part 1

General accessibility requirements related to all products covered by these Regulations in accordance with Regulation 3(1)

Products must be designed and produced in such a way as to maximise their foreseeable use by persons with disabilities and shall be accompanied where possible in or on the product by accessible information on their functioning and on their accessibility features.

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of

15

th December,

2023.

CONTENTS

Regulation

Part 1

Preliminary