Accessibility Measures (European Accessibility Act) Regulations,

L.N. 214 of 2022

UNITED NATIONS CONVENTION ON THE RIGHTS OF

PERSONS WITH DISABILITIES ACT

(CAP. 627.)

Accessibility Measures (European Accessibility Act) Regulations,

IN EXERCISE of the powers conferred by article 8 of the United

Nations Convention on the Rights of Persons with Disabilities Act, and

further to the requirement to enact appropriate measures contained in

article 9 of the Second Schedule thereof, the Minister responsible for

disability and the development of this sector has made the following

regulations:-

PART I – GENERAL PROVISIONS

(1) The title of these regulations is the Accessibility Citation, scope

and

Measures (European Accessibility Act) Regulations , 2022.

commencement.

(2) The scope of these regulations is to transpose Directive (EU)

2019/882 of the European Parliament and of the Council of 17 April

2019 on the accessibility requirements for products and services.

(3) These regulations shall come into force on 28 June 2025

Provided, however, that the obligations set out in regulation

4(8) shall come into force on 28 June 2027

Provided further that, without prejudice to regulation 2 of

these regulations

(i) up until 28 June 2030, service providers may

continue to provide their services using products which were

lawfully used by them to provide similar services before that

date;

(ii) service contracts agreed before 28 June 2025 may

continue without alteration until they expire, but no longer than

five (5) years from that date

Provided also that 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 twenty (20) years after their entry into use.

For the purposes of these regulations:–

"Act" means the United Nations Convention on the Rights of

Persons with Disabilities Act;

"air passenger transport services" means commercial passenger

air services, as defined in point (l) of article 2 of Regulation (EC) No

1107/2006 of the European Parliament and of the Council of 5 July

2006 concerning the rights of disabled persons and persons with

reduced mobility when travelling by air, on departure from, on transit

through, or on arrival at an airport, when the airport is situated in the

territory of a Member State, including flights departing from an airport

situated in a third country to an airport situated in the territory of a

Member State where the services are operated by Union air carriers;

"assistive technology" means any item, piece of equipment,

service or product system including software, that is used to increase,

maintain, substitute or improve functional capabilities of persons with

disabilities or for alleviation and compensation of impairments,

activity limitations or participation restrictions;

"audiovisual media services" means any audiovisual media

service as defined in article 16G of the Broadcasting Act;

"authorised representative" means any natural or legal person

established within the Union who has received a written mandate from

a manufacturer to act on its behalf in relation to specified tasks;

"bus passenger transport services" means services covered by

articles 2(1) and (2) of Regulation (EU) No 181/2011 of the European

Parliament and of the Council of 16 February 2011 concerning the

rights of passengers in bus and coach transport and amending

Regulation (EC) No 2006/2004;

"CE marking" shall have the same meaning assigned to it in point

20 of article 2 of Regulation (EC) No 765/2008 of the European

Parliament and of the Council of 9 July 2008 setting out the

requirements for accreditation and repealing Regulation (EEC) No

339/93;

"Commission" means the European Commission;

"competent national authority" means a market surveillance

authority that is not the market surveillance authority as defined in this

regulation, unless the context indicates otherwise;

"consumer" means any natural person who purchases the relevant

product or is a recipient of the relevant service for purposes which are

outside his trade, business, craft or profession;

"consumer banking services" means the provision to consumers of

the following banking and financial services

(a) credit agreements covered by the Credit Agreements S.L. 378.10.

for Consumers Relating to Residential Immovable Property S.L. 378.12.

Regulations or the Consumer Credit Regulations;

(b) services as defined in points 1, 2, 4 and 5 in Section A

and points 1, 2, 4 and 5 in Section B of Annex I to MiFID, as

defined in article 2 of the Financial Markets Act;

(c) payment services as defined in article 2 of the Cap. 371.

Banking Act;

(d) services linked to the payment account as defined in

regulation 2 of the Credit Institutions and Financial Institutions

(Payment Accounts) Regulations; and

(e) electronic money as defined in article 2 of the

Financial Institutions Act;

"consumer general purpose computer hardware system" means

the combination of hardware which forms a complete computer,

characterised by its multi-purpose nature, its ability to perform, with

the appropriate software, most common computing tasks requested by

consumers and intended to be operated by consumers, including

personal computers, in particular desktops, notebooks, smartphones

and tablets;

"consumer terminal equipment with interactive computing

capability, used for accessing audiovisual media services" means any

equipment the main purpose of which is to provide access to

audiovisual media services;

"Directive" means Directive (EU) 2019/882 of the European

Parliament and of the Council of 17 April 2019 on the accessibility

requirements for products and services ("European Accessibility

Act");

"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;

"e-book and dedicated software" means a service, consisting of

the provision of digital files that convey an electronic version of a

book, that can be accessed, navigated, read and used and the software

including mobile device-based services including mobile applications

dedicated to the accessing, navigation, reading and use of those digital

files, and it excludes software covered under the definition of "e-

reader";

"e-commerce services" means services provided at a distance,

through websites and mobile device-based services by electronic

means and at the individual request of a consumer with a view to

concluding a consumer contract;

"e-reader" means dedicated equipment, including both hardware

and software, used to access, navigate, read and use e-book files;

"economic operator" means the manufacturer, the authorised

representative, the importer, the distributor or the service provider;

"electronic communications service" shall have the same meaning

assigned to it in article 2 of the Electronic Communications (Regulation)

Act;

"electronic ticketing services" means any system in which

passenger transport tickets are purchased, including online, using a

device with interactive computing capability, and delivered to the

purchaser in electronic form, to enable them to be printed in paper

form or displayed using a mobile device with interactive computing

capability when travelling.

"electronic tickets" means any system in which an entitlement to

travel, in the form of single or multiple travel tickets, travel

subscriptions or travel credit, is stored electronically on a physical

transport pass or other device, instead of being printed on a paper

ticket;

"emergency communication" shall have the same meaning

assigned to it in article 2 of the Electronic Communications (Regulation)

Act;

"emergency service" shall have the same meaning assigned to it in

article 2 of the Electronic Communications (Regulation) Act;

"EU declaration of conformity" means a declaration of

conformity as defined in article 5 of Decision No 768/2008/EC of the

European Parliament and of the Council of 9 July 2008 on a common

framework for the marketing of products, and repealing Council

Decision 93/465/EEC;

"harmonised standard" shall have the same meaning assigned to

it in point 1(c) of article 2 of Regulation (EU) No 1025/2012 of the

European Parliament and of the Council of 25 October 2012 on

European standardisation, amending Council Directives 89/686/EEC

and 93/15/EEC and Directives 94/9/EC, 94/25/EC, 95/16/EC, 97/23/

EC, 98/34/EC, 2004/22/EC, 2007/23/EC, 2009/23/EC and 2009/105/

EC of the European Parliament and of the Council and repealing

Council Decision 87/95/EEC and Decision No 1673/2006/EC of the

European Parliament and of the Council;

"importer" means any natural or legal person established within

the Union who places a product from a third country on the Union

market;

"interactive computing capability" means functionality

supporting human-device interaction allowing for processing and

transmission of data, voice or video or any combination thereof;

"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;

"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;

"market surveillance authority" means the Commission for the

Rights of Persons with Disability, in its role as market surveillance

authority in respect of the Directive, as designated by article 22(1)(v) of

the Equal Opportunities (Persons with Disability) Act;

"Member State" or "Member States" mean a member state or

member states of the European Union as defined in article 2 of the

European Union Act;

"microenterprise" means an enterprise which employs fewer than

ten (10) persons and which has an annual turnover not exceeding EUR

2 million or an annual balance sheet total not exceeding EUR 2

million;

"Minister" means the Minister as defined in the Act;

"most appropriate PSAP" shall have the same meaning assigned

to it in regulation 2 of the Electronic Communications Networks and S.L. 399.48.

Services (General) Regulations;

"operating system" means software, which, inter alia, handles the

interface to peripheral hardware, schedules tasks, allocates storage,

and presents a default interface to the user when no application

program is running including a graphical user interface, regardless of

whether such software is an integral part of consumer general purpose

computer hardware, or constitutes free-standing software intended to

be run on consumer general purpose computer hardware, but excluding

an operating system loader, basic input/output system, or other

firmware required at boot time or when installing the operating

system;

"payment terminal" means a device the main purpose of which is

to allow payments to be made by using payment instruments as defined

in article 2 of the Financial Institutions Act at a physical point of sale but

not in a virtual environment;

"persons with disabilities" means persons having a disability as

defined in article 2 of the Act;

"placing on the market" means the first making available of a

product on the Union market;

"product" means a substance, preparation, or good produced

through a manufacturing process, other than food, feed, living plants

and animals, products of human origin and products of plants and

animals relating directly to their future reproduction;

"public safety answering point" or "PSAP" shall have the same

meaning assigned to it in article 2 of the Electronic Communications

(Regulation) Act;

"rail passenger transport services" means all rail passenger

services as referred to in article 2(1) of Regulation (EC) No 1371/2007

of the European Parliament and of the Council of 23 October 2007 on

rail passengers’ rights and obligations, with the exception of services

referred to in article 2(2) thereof;

"real time text" means a form of text conversation in point to

point situations or in multipoint conferencing where the text being

entered is sent in such a way that the communication is perceived by

the user as being continuous on a character-by-character basis;

"regional transport services" shall have the same meaning

assigned to it in point 7 of article 3 of Directive 2012/34/EU of the

European Parliament and of the Council of 21 November 2012

establishing a single European railway area (recast), but for the

purposes of these regulations, it includes only the following modes of

transport: rail, bus and coach, metro, tram and trolley bus;

"service" shall have the same meaning assigned to it in article 2 of

the Services (Internal Market) Act;

"service provider" means any natural or legal person who

provides a service on the Union market or makes offers to provide

such a service to consumers in the Union;

"services providing access to audiovisual media services" means

services transmitted by electronic communications networks which are

used to identify, select, receive information on, and view audiovisual

media services and any provided features, such as subtitles for the deaf

and hard of hearing, audio description, spoken subtitles and sign

language interpretation, which result from the implementation of

measures to make services accessible as referred to in article 16JB of

the Broadcasting Act and includes electronic programme guides Cap. 350.

(EPGs);

"small and medium-sized enterprises" or "SMEs" means

enterprises which employ fewer than two hundred and fifty (250)

persons and which have an annual turnover not exceeding EUR 50

million, or an annual balance sheet total not exceeding EUR 43

million, but excludes microenterprises;

"technical specification" shall have the same meaning assigned to

it in point 4 of article 2 of Regulation (EU) No 1025/2012 of the

European Parliament and of the Council of 25 October 2012 on

European standardisation, amending Council Directives 89/686/EEC

and 93/15/EEC and Directives 94/9/EC, 94/25/EC, 95/16/EC, 97/23/

EC, 98/34/EC, 2004/22/EC, 2007/23/EC, 2009/23/EC and 2009/105/

EC of the European Parliament and of the Council and repealing

Council Decision 87/95/EEC and Decision No 1673/2006/EC of the

European Parliament and of the Council that provides a means to

comply with the accessibility requirements applicable to a product or

service;

"total conversation service" shall have the same meaning assigned

to it in regulation 2 of the Electronic Communications Networks and S.L. 399.48.

Services (General) Regulations;

"Union" means the European Union as defined in article 2 of the

European Union Act;

"urban and suburban transport services" shall have the same

meaning assigned to it in point 6 of article 3 of Directive 2012/34/EU

of the European Parliament and of the Council of 21 November 2012

establishing a single European railway area (recast), but for the

purposes of these regulations, it includes only the following modes of

transport: rail, bus and coach, metro, tram and trolley bus;

"waterborne passenger transport services" shall have the same

meaning assigned to it by Article 2(1) of Regulation (EU) No 1177/

2010 of the European Parliament and of the Council of 24 November

2010 concerning the rights of passengers when travelling by sea and

inland waterway and amending Regulation (EC) No 2006/2004, with

the exception of services referred to in Article 2(2) of that Regulation;

"withdrawal" means any measure aimed at preventing a product

in the supply chain from being made available on the market.

(1) These regulations apply to the following products placed

on the market after 28 June 2025

(a) consumer general purpose computer hardware

systems and operating systems for those hardware systems;

(b)

the following self-service terminals

(i)

payment terminals;

(ii) the following self-service terminals dedicated

to the provision of services covered by these regulations

- automated teller machines;

- ticketing machines;

- check-in machines;

- interactive self-service terminals providing

information, excluding terminals installed as

integrated parts of vehicles, aircrafts, ships or rolling

stock;

(c) consumer terminal equipment with interactive

computing capability, used for electronic communications

services;

(d) consumer terminal equipment with interactive

computing capability, used for accessing audiovisual media

services; and

(e)

e-readers.

(2) Without prejudice to regulation 1(3), these regulations apply

to the following services provided to consumers after 28 June 2025

(a) electronic communications services with the

exception of transmission services used for the provision of

machine-to-machine services;

(b)

services providing access to audiovisual media

services;

(c) the following elements of air, bus, rail and

waterborne passenger transport services, except for urban,

suburban and regional transport services for which only the

elements under sub-paragraph (v) apply

(i)

websites;

(ii) mobile device-based services including mobile

applications;

(iii) electronic tickets and electronic ticketing

services;

(iv) delivery of transport service information,

including real-time travel information; this shall, with

regard to information screens, be limited to interactive

screens located within the territory of the Union; and

(v) interactive self-service terminals located within

the territory of the Union, except those installed as

integrated parts of vehicles, aircrafts, ships and rolling

stock used in the provision of any part of such passenger

transport services;

(d)

consumer banking services;

(e)

e-books and dedicated software; and

(f)

e-commerce services.

(3) These regulations apply to answering emergency

communications to the single European emergency number "112".

(4) These regulations do not apply to the following content of

websites and mobile applications

(a) pre-recorded time-based media published before 28

June 2025;

(b)

office file formats published before 28 June 2025;

(c) online maps and mapping services, if essential

information is provided in an accessible digital manner for maps

intended for navigational use;

(d) third-party content that is neither funded, developed

by, or under the control of, the economic operator concerned;

(e) content of websites and mobile applications

qualifying as archives, meaning that they only contain content

that is not updated or edited after 28 June 2025.

(5) These regulations shall be without prejudice to the Permitted

Use of Certain Works and Other Subject Matter Protected by

Copyright and Related Rights for the Benefit of Persons who are

Blind, Visually Impaired or Otherwise Print-Disabled Order and

Regulation (EU) 2017/1563.

PART II – ACCESSIBILITY REQUIREMENTS AND FREE

MOVEMENT

(1) In accordance with sub-regulations (2), (3) and (5) of

this regulation and subject to regulation 14, economic operators shall

only place on the market products and only provide services that

comply with the accessibility requirements set out in Annex I to these

regulations.

(2)

All products

(a) shall comply with the accessibility requirements set

out in Section I of Annex I to these regulations;

(b) except for self-service terminals, shall comply with

the accessibility requirements set out in Section II of Annex I to

these regulations.

(3)

Without prejudice to sub-regulation (5), all services

(a) except for urban and suburban transport services and

regional transport services, shall comply with the accessibility

requirements set out in Section III of Annex I to these

regulations;

(b) shall comply with the accessibility requirements set

out in Section IV of Annex I to these regulations.

(4) The built environment used by clients of services covered

by these regulations shall comply with the accessibility requirements

set out in Annex III to these regulations, in order to maximise their use

by persons with disabilities

Provided that such obligation shall be without prejudice to

similar obligations contained in any other legislation.

(5) Microenterprises providing services shall be exempt from

complying with the accessibility requirements referred to in sub-

regulation (3) and any obligations relating to the compliance with

those requirements.

(6) Guidelines and tools to microenterprises to facilitate the

application of these Regulations shall be developed by the market

surveillance authority, in consultation with relevant stakeholders.

(7) The market surveillance authority may inform economic

operators of the indicative examples, contained in Annex II to these

regulations, of possible solutions that contribute to meeting the

accessibility requirements in Annex I to these regulations.

(8) The answering of emergency communications to the single

European emergency number "112" by the most appropriate PSAP, shall

comply with the specific accessibility requirements set out in Section V

of Annex I to these regulations in the manner best suited to the national

organisation of emergency systems.

Services complying with the requirements on the provision Existing Union

of accessible information and of information on accessibility laid law

of passenger

down in Regulations (EC) No 261/2004, (EC) No 1107/2006, (EC) No transport.

1371/2007, (EU) No 1177/2010, and (EU) No 181/2011 and relevant

acts adopted on the basis of Directive 2008/57/EC shall be deemed to

comply with the corresponding requirements of these regulations.

Where these regulations provide for requirements additional to those

provided in those Regulations and those acts, the additional

requirements shall apply in full

Provided that such obligation shall be without prejudice to

similar obligations contained in any other legislation.

The making available on the market of products or the Free movement.

provision of services that comply with these regulations shall not be

impeded for reasons related to accessibility requirements.

PART III – OBLIGATIONS OF ECONOMIC OPERATORS

DEALING WITH PRODUCTS

(1) When placing their products on the market, Obligations of

manufacturers shall ensure that the products have been designed and manufacturers.

manufactured in accordance with the applicable accessibility

requirements of these regulations.

(2)

Manufacturers shall

(a) draw up the technical documentation in accordance

with Annex IV to these regulations and carry out the conformity

assessment procedure set out in that Annex or have it carried out;

(b) where compliance of a product with the applicable

accessibility requirements has been demonstrated by that

procedure, draw up an EU declaration of conformity and affix

the CE marking.

(3) Manufacturers shall keep the technical documentation and

the EU declaration of conformity for five (5) years after the product

has been placed on the market.

(4) Manufacturers shall ensure that procedures are in place for

series production to remain in conformity with these regulations.

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.

(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.

(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 competent national authorities in different Member

States.

(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 market surveillance authority from time to time. Such instructions

and information, as well as any labelling, shall be clear,

understandable and intelligible.

(8) Manufacturers who consider or have reason to believe that

a product which they have placed on the market is not in conformity

with these regulations 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 these regulations, 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.

(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.

(1) A manufacturer may, by a written mandate, appoint Authorised

representatives.

an authorised representative

Provided that the obligations laid down in regulation 7(1)

and the drawing up of technical documentation shall not form part of

the authorised representative’s mandate.

(2) An authorised representative shall perform the tasks

specified in the mandate received from the manufacturer. The mandate

shall allow the authorised representative to do at least the following

(a) keep the EU declaration of conformity and the

technical documentation at the disposal of the market

surveillance authority and other competent national authorities

for five (5) years;

(b) further to a reasoned request from a competent

national authority, provide that authority with all the information

and documentation necessary to demonstrate the conformity of a

product;

(c) cooperate with the competent national authorities, at

their request, on any action taken to eliminate the non-

compliance with the applicable accessibility requirements of

products covered by their mandate.

(1)

Importers shall place only compliant products on the Obligations of

importers.

market.

(2) Before placing a product on the market, importers shall

ensure that the conformity assessment procedure set out in Annex IV

to these regulations 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 regulations

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 these regulations, 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 authority to that effect.

(4) Importers shall indicate their name, registered trade name

or registered trademark 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 competent national

authorities.

(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

market surveillance authority from time to time.

(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.

(7) Importers shall, for a period of five (5) years keep a copy of

the EU declaration of conformity at the disposal of the market

surveillance authority and other competent national authorities and

shall ensure that the technical documentation can be made available to

those authorities upon request.

(8) Importers who consider or have reason to believe that a

product which they have placed on the market is not in conformity

with these regulations 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.

(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.

(1) When making a product available on the market, Obligations of

distributors shall act with due care in relation to the requirements of distributors.

these regulations.

(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 regulations 7(5) and (6) and regulation 9(4) respectively.

(3) Where a distributor considers or has reason to believe that a

product is not in conformity with the applicable accessibility

requirements of these regulations, 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 authority to

that effect.

(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.

(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 these regulations 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.

(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.

An importer or distributor shall be considered a

manufacturer for the purposes of these regulations and shall be subject

to the obligations of the manufacturer under regulation 7, where it

places a product on the market under its name or trademark or

modifies a product already placed on the market in such a way that

compliance with the requirements of these regulations may be

affected.

(1) Economic operators referred to in regulations 7 to 10

shall, upon request, identify to the market surveillance authority or to

competent national authorities, the following

(a) any other economic operator who has supplied them

with a product;

(b) any other economic operator to whom they have

supplied a product.

(2) Economic operators referred to in regulations 7 to 10 shall be

able to present the information referred to in sub-regulation (1) for a

period of five (5) years after they have been supplied with the product

and for a period of five (5) years after they have supplied the product.

PART IV – OBLIGATIONS OF SERVICE PROVIDERS

(1) Service providers shall ensure that they design and

provide services in accordance with the accessibility requirements of

these regulations.

(2) Service providers shall prepare the necessary information

in accordance with Annex V to these regulations and shall explain how

the services meet the applicable accessibility requirements. The

information shall be made available to the public in a written and oral

format, including a manner which is accessible to persons with

disabilities. Service providers shall keep that information for as long as

the service is in operation.

(3) Without prejudice to regulation 1(3), service providers

shall ensure that procedures are in place so that the provision of

services remains in conformity with the applicable accessibility

requirements. Changes in the characteristics of the provision of the

service, changes in applicable accessibility requirements and changes

in the harmonised standards or in technical specifications by reference

to which a service is declared to meet the accessibility requirements

shall be adequately taken into account by the service providers.

(4) In the case of non-conformity, service providers shall take

the corrective measures necessary to bring the service into conformity

with the applicable accessibility requirements. Furthermore, where the

service is not compliant with applicable accessibility requirements,

service providers shall immediately inform the competent national

authorities of the Member States in which the service is provided, to

that effect, giving details, in particular, of the non-compliance and of

any corrective measures taken.

(5) Service providers shall, further to a reasoned request from a

competent national authority, provide it with all information necessary

to demonstrate the conformity of the service with the applicable

accessibility requirements. They shall cooperate with that authority, at

the request of that authority, on any action taken to bring the service

into compliance with those requirements.

PART V – FUNDAMENTAL ALTERATION OF PRODUCTS OR

SERVICES AND DISPROPORTIONATE BURDEN TO

ECONOMIC OPERATORS

(1) The accessibility requirements referred

to

in Fundamental

alteration and

regulation 4 shall apply only to the extent that compliance

disproportionate

burden.

(a) does not require a significant change in a product or

service that results in the fundamental alteration of its basic

nature; and

(b) does not result in the imposition of a disproportionate

burden on the economic operators concerned.

(2) Economic operators shall carry out an assessment of

whether compliance with the accessibility requirements referred to in

regulation 4 would introduce a fundamental alteration or, based on the

relevant criteria set out in Annex VI to these regulations, impose a

disproportionate burden, as provided for in sub-regulation (1).

(3) Economic operators shall document the assessment referred

to in sub-regulation (2). Economic operators shall keep all relevant

results for a period of five (5) years to be calculated from the last

making available of a product on the market or after a service was last

provided, as applicable. Upon a request from the market surveillance

authority or from competent national authorities responsible for

checking compliance of services, as applicable, the economic

operators shall provide the authorities with a copy of the assessment

referred to in sub-regulation (2).

(4) By way of derogation from sub-regulation (3),

microenterprises dealing with products shall be exempted from the

requirement to document their assessment. However, if the market

surveillance authority or a competent national authority so requests,

microenterprises dealing with products and which have chosen to rely

on sub-regulation (1) shall provide the authority with the facts relevant

to the assessment referred to in sub-regulation (2).

(5) Service providers relying on paragraph (b) of sub-

regulation (1) shall, with regard to each category or type of service,

renew their assessment of whether the burden is disproportionate

(a)

when the service offered is altered; or

(b) when requested to do so by the authorities responsible

for checking compliance of services; and

(c)

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

(6) Where economic operators receive funding from other

sources than the economic operator’s own resources, whether public or

private, that is provided for the purpose of improving accessibility,

they shall not be entitled to rely on paragraph (b) of sub-regulation (1).

(7) Where economic operators rely on sub-regulation (1) for a

specific product or service they shall send information to that effect to

the market surveillance authority, or relevant competent authorities

responsible for checking the compliance of services of the Member

State where the specific product is placed on the market or the specific

service is provided

Provided that sub-regulation (1) shall not apply to

microenterprises.

PART VI – HARMONISED STANDARDS AND TECHNICAL

SPECIFICATIONS OF PRODUCTS AND SERVICES

(1) Products and services which are in conformity with

harmonised standards or parts thereof the references of which have

been published in the Official Journal of the European Union, shall be

presumed to be in conformity with the accessibility requirements of

these regulations in so far as those standards or parts thereof cover

those requirements.

(2) Products and services which are in conformity with the

technical specifications or parts thereof shall be presumed to be in

conformity with the accessibility requirements of these regulations in so

far as those technical specifications or parts thereof cover those

requirements.

PART VII - CONFORMITY OF PRODUCTS AND CE MARKING

(1) The EU declaration of conformity shall state that the EU declaration

fulfilment of the applicable accessibility requirements has been of

products.

demonstrated. Where as an exception, regulation 14 has been used, the

EU declaration of conformity shall state which accessibility

requirements are subject to that exception.

(2) The EU declaration of conformity shall have the model

structure set out in Annex III to Decision No 768/2008/EC of the

European Parliament and of the Council of 9 July 2008 on a common

framework for the marketing of products, and repealing Council

Decision 93/465/EEC. It shall contain the elements specified in Annex

IV to these regulations and shall be continuously updated. The

requirements concerning the technical documentation shall avoid

imposing any undue burden on microenterprises and SMEs. It shall be

translated into the language or languages required by the Member

State in which the product is placed or made available on the market.

(3) Where a product is subject to more than one legislative

instrument requiring an EU declaration of conformity, a single EU

declaration of conformity shall be drawn up in respect of all such

legislative instruments. That declaration shall contain the

identification of the acts concerned including the publication

references.

(4) By drawing up the EU declaration of conformity, the

manufacturer shall assume responsibility for the compliance of the

product with the requirements of these regulations.

The CE marking shall be subject to the general principles General

set out in Article 30 of Regulation (EC) No 765/2008 of the European principles

CE marking of

Parliament and of the Council of 9 July 2008 setting out the products.

requirements for accreditation and repealing Regulation (EEC) No

339/93.

(1) The CE marking shall be affixed visibly, legibly and

indelibly to the product or to its data plate. Where that is not possible,

or not warranted, on account of the nature of the product, it shall be

affixed to the packaging and to the accompanying documents.

(2) The CE marking shall be affixed before the product is

placed on the market.

(3) In respect of this regulation, the relevant provisions of

Regulation (EC) No 765/2008 and of the Market Surveillance and CE

Marking Regulations shall be observed and adhered to, to ensure the

correct application of the regime governing the CE marking, and that

appropriate action is taken in the event of improper use of that

marking.

PART VIII – MARKET SURVEILLANCE OF PRODUCTS AND

UNION SAFEGUARD PROCEDURE

(1) Article 15(3), articles 16 to 19, article 21, articles 23

to 28 and article 29(2) and (3) of Regulation (EC) No 765/2008 shall

apply to products.

(2) When carrying out market surveillance of products, the

market surveillance authority shall, when the economic operator has

relied on regulation 14 of these regulations

(a) check that the assessment referred to in regulation 14

has been conducted by the economic operator;

(b) review that assessment and its results, including the

correct use of the criteria set out in Annex VI to these

regulations; and

(c) check compliance with the applicable accessibility

requirements.

(3) Information held by the market surveillance authority

concerning the compliance of economic operators with the applicable

accessibility requirements of these regulations and the assessment

provided for in regulation 14, shall be made available to consumers

upon request by said market surveillance authority, and in an

accessible format, except where that information cannot be provided

for reasons of confidentiality as provided for in article 19(5) of

Regulation (EC) No 765/2008.

(1) Where the market surveillance authority has Procedure at

sufficient reason to believe that a product covered by these regulations national

for dealing with

does not comply with the applicable accessibility requirements

products not

complying with

the applicable

(a) it shall carry out an evaluation in relation to the accessibility

requirements.

product concerned covering all requirements laid down in these

regulations. The relevant economic operators shall fully

cooperate with the market surveillance authority for that

purpose;

(b) where, in the course of the evaluation referred to in

paragraph (a), the market surveillance authority finds that the

product does not comply with the requirements laid down in

these regulations, it shall without delay require the relevant

economic operator to take all appropriate corrective action to

bring the product into compliance with those requirements

within a reasonable period, commensurate with the nature of the

non-compliance, as it may prescribe;

(c) the market surveillance authority shall require the

relevant economic operator to withdraw the product from the

market, within an additional reasonable period, only if the

relevant economic operator has failed to take adequate corrective

action within the period referred to in paragraph (b)

Provided that article 21 of Regulation (EC) No 765/

2008 shall apply to the measures referred to in paragraphs (b)

and (c).

(2) Where the market surveillance authority considers that

non-compliance is not restricted to its national territory, it shall inform

the Commission and the other Member States of the results of the

evaluation and of the actions which it would have required the

economic operator to take.

(3) The economic operator shall ensure that all appropriate

corrective action is taken in respect of all the products concerned that

it has made available on the market throughout the whole Union.

(4) Where the relevant economic operator does not take

adequate corrective action within the period referred to in paragraph

(c) of sub-regulation (1), the market surveillance authority shall take

all appropriate provisional measures to prohibit or restrict the products

being made available on its national market or to withdraw the product

from the market. The market surveillance authority shall inform the

Commission and the other Member States, without delay, of those

measures.

(5) The information communicated to the Commission and to

the other Member States referred to in sub-regulation (4) shall include

all available details, in particular the data necessary for the

identification of the non-compliant product, the origin of the product,

the nature of the non-compliance alleged and the accessibility

requirements with which the product does not comply, the nature and

duration of the national measures taken and the arguments put forward

by the relevant economic operator. In particular, the market

surveillance authority shall indicate whether the non-compliance is

due to either

(a) the failure of the product to meet the applicable

accessibility requirements; or

(b) the shortcomings in the harmonised standards or in

the technical specifications referred to in regulation 15

conferring a presumption of conformity.

(6) Should the procedure initiated under this regulation have

been initiated by the competent national authorities of another Member

State, the market surveillance authority shall without delay inform the

Commission and the other Member States of any measures adopted

and of any additional information at its disposal relating to the non-

compliance of the product concerned, and, in the event of

disagreement with the notified national measure, of its objections.

(7) Where, within three (3) months of receipt of the

information referred to in sub-regulation (4), no objection has been

raised by either a Member State or the Commission in respect of a

provisional measure taken by the market surveillance authority, that

measure shall be deemed justified.

(8) The market surveillance authority shall ensure that

appropriate restrictive measures, such as withdrawal of the product

from the market, are taken in respect of the product concerned without

delay.

Where, on completion of the procedure set out in regulation

20(3) and (4), objections are raised against a measure taken by a

Member State and, having reasonable evidence to suggest that a

national measure is contrary to Union law, the Commission enters into

consultation with the Member States and the relevant economic

operator, to evaluate the national measure, and decides whether said

national measure is justified or not, after the Commission would have

communicated its decision to all Member States and to the relevant

economic operator

(i) where the national measure is considered justified,

the market surveillance authority shall take the measures

necessary to ensure that the non-compliant product is withdrawn

from the market, and shall inform the Commission accordingly;

(ii) where the national measure is considered unjustified,

the market surveillance authority shall withdraw the measure;

(iii) where the national measure is considered justified

and the non-compliance of the product is attributed to

shortcomings in the harmonised standards referred to in

paragraph (b) of regulation 20(5), the Commission shall apply

the procedure provided for in article 11 of Regulation (EU) No

1025/2012 of the European Parliament and of the Council of 25

October 2012 on European standardisation, amending Council

Directives 89/686/EEC and 93/15/EEC and Directives 94/9/EC,

94/25/EC, 95/16/EC, 97/23/EC, 98/34/EC, 2004/22/EC, 2007/

23/EC, 2009/23/EC and 2009/105/EC of the European

Parliament and of the Council and repealing Council Decision

87/95/EEC and Decision No 1673/2006/EC of the European

Parliament and of the Council;

(iv) where the national measure is considered justified and

the non-compliance of the product is attributed to shortcomings in

the technical specifications referred to in paragraph (b) of

regulation 20(5), the Commission shall, without delay, adopt

implementing acts amending or repealing the technical

specification concerned. Those implementing acts shall be

adopted in accordance with the examination procedure referred to

in Article 27(2) of the Directive.

(1) Without prejudice to regulation 20, where the market Formal non-

surveillance authority makes one of the following findings, it shall compliance.

require the relevant economic operator to put an end to the non-

compliance concerned

(a) the CE marking has been affixed in violation of

article 30 of Regulation (EC) No 765/2008 or of regulation 18 of

these regulations;

(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) the technical documentation is either not available or

not complete;

(f) the information referred to in regulation 7(6) or

regulation 9(4) is absent, false or incomplete;

(g) any other administrative requirement provided for in

regulation 7 or regulation 9 is not fulfilled.

(2) Where the non-compliance referred to in sub-regulation (1)

persists, the market surveillance authority shall take all appropriate

measures to restrict or prohibit the product being made available on

the market or to ensure that it is withdrawn from the market.

PART IX - COMPLIANCE OF SERVICES

(1) The market surveillance authority shall establish,

implement and periodically update adequate procedures in order to

(a) check the compliance of services with the

requirements of these regulations, including the assessment

referred to in regulation 14 to which regulation 19(2) shall apply

mutatis mutandis;

(b) follow up complaints or reports on issues relating to

non-compliance of services with the accessibility requirements

of these regulations;

(c) verify that the economic operator has taken the

necessary corrective action.

(2) The market surveillance authority shall also ensure that the

public is informed of the existence, responsibilities, identity, work and

decisions of the market surveillance authority as the authority

responsible for the implementation of the procedures referred to in

sub-regulation (1) with respect to the compliance of services. Such

information shall be made available in accessible formats upon

request.

PART X - ACCESSIBILITY REQUIREMENTS IN OTHER

LEGISLATION

(1) As regards the products and services referred to in

regulation 3 of these regulations, the accessibility requirements set out

in Annex I to these regulations shall constitute mandatory accessibility

requirements within the meaning of the Public Procurement

Regulations, the Public Procurement of Entities operating in the Water,

Energy, Transport and Postal Services Sectors Regulations, the

Emergency Procurement Regulations and the Concession Contract

Regulations.

(2) Any product or service, the features, elements or functions of

which comply with the accessibility requirements set out in Annex I to

these regulations in accordance with Section VI thereof shall be

presumed to fulfil the relevant obligations set out in legislation other

than these regulations, as regards accessibility, for those features,

elements or functions, unless otherwise provided in those other acts.

Conformity with harmonised standards and technical Harmonised

specifications or parts thereof which are adopted in accordance with standards

technical

regulation 15, shall create a presumption of compliance with specifications

for other

regulation 24 in so far as those standards and technical specifications legislation.

or parts thereof meet the accessibility requirements of these

regulations.

PART XI – ENFORCEMENT AND PENALTIES

(1) The market surveillance authority shall undertake Enforcement.

efforts in terms of article 32A of the Equal Opportunities (Persons with Cap. 413.

Disability) Act to ensure adequate and effective compliance with these

regulations.

(2) Consumers, as well as public bodies or private associations,

organisations or other legal entities which have a legitimate interest,

and are acting on behalf of said consumers, may take or support

appropriate action to ensure that the rights of the consumers in terms

of these regulations are complied with, in terms of article 3 of the Act,

and through any other means of redress available in terms of

applicable legislation from time to time.

(3) This regulation shall not apply in respect of procurement

procedures which are subject to the Public Procurement Regulations, the S.L. 601.03.

Public Procurement of Entities operating in the Water, Energy, S.L. 601.05.

Transport and Postal Services Sectors Regulations, the Emergency S.L. 601.08.

Procurement Regulations or the Concession Contract Regulations, in S.L. 601.09.

which respect other applicable legislation as in force from time to time

shall apply.

(1)

Penalties applicable to infringements of provisions of Penalties.

these regulations, to be enforced by the market surveillance authority,

and taking into account the extent of the non-compliance, including its

seriousness, and the number of units of non-complying products or

services concerned, as well as the number of persons affected, shall be

prescribed, and necessary measures to ensure their implementation shall

be undertaken by said market surveillance authority, in terms of article

32 of the Equal Opportunities (Persons with Disability) Act.

(2) The penalties referred to in sub-regulation (1) shall also be

accompanied by effective remedial action in case of non-compliance of

the economic operator, prescribed in terms of the Equal Opportunities

(Persons with Disability) Act.

(3) This regulation shall not apply in respect of procurement

procedures which are subject to the Public Procurement Regulations, the

Public Procurement of Entities operating in the Water, Energy,

Transport and Postal Services Sectors Regulations, the Emergency

Procurement Regulations or the Concession Contract Regulations, in

which respect other applicable legislation as in force from time to time

shall apply.

ANNEX I

ACCESSIBILITY REQUIREMENTS FOR PRODUCTS AND

SERVICES

Section I

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.

1. Requirements on the provision of information

(a) the information on the use of the product provided on

the product itself (labelling, instructions and warning) shall be

(i)

made available via more than one sensory

channel;

(ii)

presented in an understandable way;

(iii) presented to users in ways they can perceive;

(iv) presented in fonts of adequate size and suitable

shape, taking into account foreseeable conditions of use, and

using sufficient contrast, as well as adjustable spacing

between letters, lines and paragraphs;

(b) the instructions for use of a product, where not

provided on the product itself but made available through the use

of the product or through other means such as a website,

including the accessibility functions of the product, how to

activate them and their interoperability with assistive solutions

shall be publicly available when the product is placed on the

market and shall

(i)

be made available via more than one sensory

channel;

(ii)

be presented in an understandable way;

(iii) be presented to users in ways they can perceive;

(iv) be presented in fonts of adequate size and

suitable shape, taking into account foreseeable conditions of

use and using sufficient contrast, as well as adjustable

spacing between letters, lines and paragraphs;

(v) with regard to content, be made available in text

formats that can be used for generating alternative assistive

formats to be presented in different ways and via more than

one sensory channel;

(vi) be accompanied by an alternative presentation of

any non-textual content;

(vii) include a description of the user interface of the

product (handling, control and feedback, input and output)

which is provided in accordance with point 2; the description

shall indicate for each of the points in point 2 whether the

product provides those features;

(viii) include a description of the functionality of the

product which is provided by functions aiming to address the

needs of persons with disabilities in accordance with point 2;

the description shall indicate for each of the points in point 2

whether the product provides those features;

(ix) include a description of the software and

hardware interfacing of the product with assistive devices;

the description shall include a list of those assistive devices

which have been tested together with the product.

2. User interface and functionality design

The product, including its user interface, shall contain features,

elements and functions, that allow persons with disabilities to access,

perceive, operate, understand and control the product by ensuring that

(a) when the product provides for communication,

including interpersonal communication, operation, information,

control and orientation, it shall do so via more than one sensory

channel; this shall include providing alternatives to vision,

auditory, speech and tactile elements;

(b) when the product uses speech it shall provide

alternatives to speech and vocal input for communication,

operation control and orientation;

(c) when the product uses visual elements it shall provide

for flexible magnification, brightness and contrast for

communication, information and operation, as well as ensure

interoperability with programmes and assistive devices to navigate

the interface;

(d) when the product uses colour to convey information,

indicate an action, require a response or identify elements, it shall

provide an alternative to colour;

(e) when the product uses audible signals to convey

information, indicate an action, require a response or identify

elements, it shall provide an alternative to audible signals;

(f) when the product uses visual elements it shall provide

for flexible ways of improving vision clarity;

(g) when the product uses audio it shall provide for user

control of volume and speed, and enhanced audio features

including the reduction of interfering audio signals from

surrounding products and audio clarity;

(h) when the product requires manual operation and

control, it shall provide for sequential control and alternatives to

fine motor control, avoiding the need for simultaneous controls for

manipulation, and shall use tactile discernible parts;

(i) the product shall avoid modes of operation requiring

extensive reach and great strength;

(j)

the product shall avoid triggering photosensitive

seizures;

(k) the product shall protect the user’s privacy when he

uses the accessibility features;

(l) the product shall provide an alternative to biometrics

identification and control;

(m) the product shall ensure the consistency of the

functionality and shall provide enough, and flexible amounts of,

time for interaction;

(n) the product shall provide software and hardware for

interfacing with the assistive technologies;

(o) the product shall comply with the following sector-

specific requirements

(i)

self-service terminals

— shall provide for text-to-speech technology;

— shall allow for the use of personal headsets;

— where a timed response is required, shall alert

the user via more than one sensory channel;

— shall give the possibility to extend the time

given;

— shall have an adequate contrast and tactilely

discernible keys and controls when keys and controls

are available;

— shall not require an accessibility feature to be

activated in order to enable a user who needs the

feature to turn it on;

— when the product uses audio or audible

signals, it shall be compatible with assistive devices

and technologies available at Union level, including

hearing technologies such as hearing aids, telecoils,

cochlear implants and assistive listening devices;

(ii) e-readers shall provide for text-to-speech

technology;

(iii) consumer terminal equipment with interactive

computing capability, used for the provision of electronic

communications services

— shall, when such products have text capability

in addition to voice, provide for the handling of real

time text and support high fidelity audio;

— shall, when they have video capabilities in

addition to or in combination with text and voice,

provide for the handling of total conversation

including synchronised voice, real time text, and video

with a resolution enabling sign language

communication;

— shall ensure effective wireless coupling to

hearing technologies;

— shall avoid interferences with assistive

devices;

(iv) consumer terminal equipment with interactive

computing capability, used for accessing audio visual media

services shall make available to persons with disabilities the

accessibility components provided by the audiovisual media

service provider, for user access, selection, control, and

personalisation and for transmission to assistive devices.

3. Support services

Where available, support services (help desks, call centres,

technical support, relay services and training services) shall provide

information on the accessibility of the product and its compatibility

with assistive technologies, in accessible modes of communication.

Section II

Accessibility requirements related to products in regulation 3(1),

except for the self-service terminals referred to in regulation 3(1)(b)

In addition to the requirements of Section I, the packaging and

instructions of products covered by this Section shall be made

accessible, in order to maximise their foreseeable use by persons with

disabilities. This means that

(a) the packaging of the product, including the information

provided in it (e.g. about opening, closing, use, disposal),

including, when provided, information about the accessibility

characteristics of the product, shall be made accessible; and, when

feasible, that accessible information shall be provided on the

package;

(b) the instructions for the installation and maintenance,

storage and disposal of the product not provided on the product

itself but made available through other means, such as a website,

shall be publicly available when the product is placed on the

market and shall comply with the following requirements

(i)

be available via more than one sensory channel;

(ii)

be presented in an understandable way;

(iii) be presented to users in ways they can perceive;

(iv) be presented in fonts of adequate size and

suitable shape, taking into account foreseeable conditions of

use, and using sufficient contrast, as well as adjustable

spacing between letters, lines and paragraphs;

(v) content of instructions shall be made available in

text formats that can be used for generating alternative

assistive formats to be presented in different ways and via

more than one sensory channel; and

(vi) instructions containing any non-textual content

shall be accompanied by an alternative presentation of that

content.

Section III

General accessibility requirements related to all services covered by

these regulations in accordance with regulation 3(2)

The provision of services in order to maximise their foreseeable

use by persons with disabilities, shall be achieved by

(a) ensuring the accessibility of the products used in the

provision of the service, in accordance with Section I of this

Annex and, where applicable, Section II thereof;

(b) providing information about the functioning of the

service, and where products are used in the provision of the

service, its link to these products as well as information about their

accessibility characteristics and interoperability with assistive

devices and facilities

(i)

making the information available via more than

one sensory channel;

(ii)

presenting the information in an understandable

way;

(iii) presenting the information to users in ways

they can perceive;

(iv) making the information content available in text

formats that can be used to generate alternative assistive

formats to be presented in different ways by the users and via

more than one sensory channel;

(v) presenting in fonts of adequate size and suitable

shape, taking into account foreseeable conditions of use and

using sufficient contrast, as well as adjustable spacing

between letters, lines and paragraphs;

(vi) supplementing any non-textual content with an

alternative presentation of that content; and

(vii) providing electronic information needed in the

provision of the service in a consistent and adequate way by

making it perceivable, operable, understandable and robust;

(c) making websites, including the related online

applications, and mobile device-based services, including mobile

applications, accessible in a consistent and adequate way by

making them perceivable, operable, understandable and robust;

(d) where available, support services (help desks, call

centres, technical support, relay services and training services)

providing information on the accessibility of the service and its

compatibility with assistive technologies, in accessible modes of

communication.

Section IV

Additional accessibility requirements related to specific services

The provision of services in order to maximise their foreseeable

use by persons with disabilities, shall be achieved by including

functions, practices, policies and procedures and alterations in the

operation of the service targeted to address the needs of persons with

disabilities and ensure interoperability with assistive technologies

(a) Electronic communications services, including

emergency communications referred to in the Emergency

Communications, the Single European Emergency Call Service

("112" Number) and the European Harmonised Services of Social

Value ("116" Numbering Range) Regulations

(i) providing real time text in addition to voice

communication;

(ii)

providing total conversation where video is

provided in addition to voice communication;

(iii) ensuring that emergency communications using

voice, text (including real time text) is synchronised and

where video is provided is also synchronised as a total

conversation and is transmitted by the electronic

communications service providers to the most appropriate

PSAP.

(b)

Services providing access to audiovisual media

services

(i) providing electronic programme guides (EPGs)

which are perceivable, operable, understandable and robust

and provide information about the availability of

accessibility;

(ii) ensuring that the accessibility components

(access services) of the audiovisual media services such as

subtitles for the deaf and hard of hearing, audio descriptions,

spoken subtitles and sign language interpretation are fully

transmitted with adequate quality for accurate display, and

synchronised with sound and video, while allowing for user

control of their display and use.

(c) Air, bus, rail and waterborne passenger transport

services except for urban and suburban transport services and

regional transport services

(i) ensuring the provision of information on the

accessibility of vehicles, the surrounding infrastructure and

the built environment and on assistance for persons with

disabilities;

(ii) ensuring the provision of information about

smart ticketing (electronic reservation, booking of tickets,

etc.), real-time travel information (timetables, information

about traffic disruptions, connecting services, onwards travel

with other transport modes, etc.), and additional service

information (e.g. staffing of stations, lifts that are out of

order or services that are temporarily unavailable).

(d) Urban and suburban transport services and regional

transport services: ensuring the accessibility of self-service

terminals used in the provision of the service in accordance with

Section I of this Annex.

(e)

Consumer banking services

(i) providing identification methods, electronic

signatures, security, and payment services which are

perceivable, operable, understandable and robust;

(ii) ensuring that the information is understandable,

without exceeding a level of complexity superior to level B2

(upper intermediate) of the Council of Europe’s Common

European Framework of Reference for Languages.

(f)

E-books

(i) ensuring that, when an e-book contains audio in

addition to text, it then provides synchronised text and audio;

(ii) ensuring that e-book digital files do not prevent

assistive technology from operating properly;

(iii) ensuring access to the content, the navigation of

the file content and layout including dynamic layout, the

provision of the structure, flexibility and choice in the

presentation of the content;

(iv) allowing alternative renditions of the content and

its interoperability with a variety of assistive technologies, in

such a way that it is perceivable, understandable, operable

and robust;

(v) making them discoverable by providing

information through metadata about their accessibility

features;

(vi) ensuring that digital rights

management

measures do not block accessibility features.

(g)

E-Commerce services

(i) providing

the

information

concerning

accessibility of the products and services being sold when

this information is provided by the responsible economic

operator;

(ii) ensuring the accessibility of the functionality for

identification, security and payment when delivered as part

of a service instead of a product by making it perceivable,

operable, understandable and robust;

(iii) providing identification methods, electronic

signatures, and payment services which are perceivable,

operable, understandable and robust.

Section V

Specific accessibility requirements related to the answering of

emergency communications to the single European emergency

number "112" by the most appropriate PSAP

In order to maximise their foreseeable use by persons with

disabilities, the answering of emergency communications to the single

European emergency number "112" by the most appropriate PSAP,

shall be achieved by including functions, practices, policies and

procedures and alterations targeted to address the needs of persons

with disabilities.

Emergency communications to the single European emergency

number "112" shall be appropriately answered, in the manner best

suited to the national organisation of emergency systems, by the most

appropriate PSAP using the same communication means as received,

namely by using synchronised voice and text (including real time text),

or, where video is provided, voice, text (including real time text) and

video synchronised as total conversation.

Section VI

Accessibility requirements for features, elements or functions of

products and services in accordance with regulation 24(2)

The presumption to fulfil the relevant obligations set out in other

legislation concerning features, elements or functions of products and

services requires the following

1. Products

(a) the accessibility of the information concerning

the functioning and accessibility features related to products

complies with the corresponding elements set out in point 1

of Section I of this Annex, namely information on the use of

the product provided on the product itself and the

instructions for use of a product, not provided in the product

itself but made available through the use of the product or

other means such as a website;

(b) the accessibility of features, elements and

functions of the user interface and the functionality design of

products complies with the corresponding accessibility

requirements of such user interface or functionality design

set out in point 2 of Section I of this Annex;

(c) the accessibility of the packaging, including the

information provided in it and instructions for the installation

and maintenance, storage and disposal of the product not

provided in the product itself but made available through

other means such as a website, except for self-service

terminals, complies with the corresponding accessibility

requirements set out in Section II of this Annex.

2. Services

the accessibility of the features, elements and functions of

services complies with the corresponding accessibility requirements

for those features, elements and functions set out in the services-

related Sections of this Annex.

Section VII

Functional performance criteria

In order to maximise the foreseeable use by persons with

disabilities, when the accessibility requirements, set out in Sections I

to VI of this Annex, do not address one or more functions of the design

and production of products or the provision of services, those

functions or means shall be accessible by complying with the related

functional performance criteria.

Those functional performance criteria may only be used as an

alternative to one or more specific technical requirements, when these

are referred to in the accessibility requirements, if and only if the

application of the relevant functional performance criteria complies

with the accessibility requirements and it determines that the design

and production of products and the provision of services results in

equivalent or increased accessibility for the foreseeable use by persons

with disabilities.

(a)

Usage without vision

Where the product or service provides visual modes of operation,

it shall provide at least one mode of operation that does not require

vision.

(b)

Usage with limited vision

Where the product or service provides visual modes of operation,

it shall provide at least one mode of operation that enables users to

operate the product with limited vision.

(c)

Usage without perception of colour

Where the product or service provides visual modes of operation,

it shall provide at least one mode of operation that does not require

user perception of colour.

(d)

Usage without hearing

Where the product or service provides auditory modes of

operation, it shall provide at least one mode of operation that does not

require hearing.

(e)

Usage with limited hearing

Where the product or service provides auditory modes of

operation, it shall provide at least one mode of operation with

enhanced audio features that enables users with limited hearing to

operate the product.

(f)

Usage without vocal capability

Where the product or service requires vocal input from users, it

shall provide at least one mode of operation that does not require vocal

input. Vocal input includes any orally-generated sounds like speech,

whistles or clicks.

(g)

Usage with limited manipulation or strength

Where the product or service requires manual actions, it shall

provide at least one mode of operation that enables users to make use

of the product through alternative actions not requiring fine motor

control and manipulation, hand strength or operation of more than one

control at the same time.

(h)

Usage with limited reach

The operational elements of products shall be within reach of all

users. Where the product or service provides a manual mode of

operation, it shall provide at least one mode of operation that is

operable with limited reach and limited strength.

(i)

Minimising the risk of triggering photosensitive seizures

Where the product provides visual modes of operation, it shall

avoid modes of operation that trigger photosensitive seizures.

(j)

Usage with limited cognition

The product or service shall provide at least one mode of

operation incorporating features that make it simpler and easier to use.

(k)

Privacy

Where the product or service incorporates features that are

provided for accessibility, it shall provide at least one mode of

operation that maintains privacy when using those features that are

provided for accessibility.

ANNEX II

INDICATIVE NON-BINDING EXAMPLES OF POSSIBLE

SOLUTIONS THAT CONTRIBUTE TO MEETING THE

ACCESSIBILITY REQUIREMENTS IN ANNEX I

SECTION I

EXAMPLES RELATED TO GENERAL ACCESSIBILITY REQUIRE-

MENTS FOR ALL PRODUCTS COVERED BY THESE REGULA-

TIONS IN ACCORDANCE WITH REGULATION 3(1)

EXAMPLES

REQUIREMENTS IN SECTION I

OF ANNEX I

1. The provision of information

(a)

(i)

Providing visual and tactile

information or visual and auditory

information indicating the place

where to introduce a card in a self-

service terminal so that blind

persons and deaf persons can use

the terminal.

(ii)

Using the same words in a

consistent manner, or in a clear and

logical structure, so that persons

with intellectual disabilities can

better understand it.

(iii)

Providing a tactile relief

format or sound in addition to a

text warning so that blind persons

can perceive it.

(iv)

Allowing that text can be read

by persons who are visually

impaired.

(b)

(i)

Providing electronic files

which can be read by a computer

using screen readers so that blind

persons can use the information.

(ii)

Using the same words in a

consistent manner, or in a clear and

logical structure, so that persons

with intellectual disabilities can

better understand them.

(iii)

Providing subtitles when

video instructions are provided.

(iv)

Allowing that the text can be

read by persons who are visually

impaired.

(v)

Printing in Braille, so that a

blind person can use them.

(vi)

Accompanying a diagram

with a text description identifying

the main elements or describing

key actions.

(vii)

No example provided.

(viii)

No example provided.

(ix)

Including a socket and

software in automated teller

machines which will allow the

plugging of a headphone which

will receive the text on the screen

in the form of sound.

2. User interface and functionality design

(a)

Providing instructions in the

form of voice and text, or by

incorporating tactile signs in a

keypad, so that persons who are

blind or hard of hearing can

interact with the product.

(b)

Offering in a self-service

terminal in addition to the spoken

instructions,

for

example,

instructions in the form of text or

images so that deaf persons can

also perform the action required.

(c)

Allowing users to enlarge a

text, to zoom in on a particular

pictogram or to increase the

contrast, so that persons who are

visually impaired can perceive the

information.

(d)

In addition of giving a choice

to press the green or the red button

for selecting an option, providing

in writing on the buttons what the

options are, in order to allow

person who are colour blind to

make the choice.

(e)

When a computer gives an

error signal, providing a written

text or an image indicating the

error, so as to allow deaf persons to

apprehend that an error is

occurring.

(f)

Allowing

for

additional

contrast in foreground images so

that persons who have low vision

can see them.

(g)

Allowing the user of a

telephone to select the volume of

the sound and reduce the

interference with hearing aids so

that persons who are hard of

hearing can use the telephone.

(h)

Making touch screen buttons

bigger and well separated so that

persons with tremor can press

them.

(i)

Ensuring that buttons to be

pressed do not require much force

so that persons who have motor

impairments can use them.

(j)

Avoiding flickering images

so that persons who get seizures are

not at risk.

(k)

Allowing

the

use

of

headphones

when

spoken

information is provided by

automated teller machines.

(l)

As

an

alternative

to

fingerprint recognition, allowing

users who cannot use their hands to

select a password for locking and

unlocking a phone.

(m)

Ensuring that the software

reacts in a predictable way when a

particular action is performed and

providing enough time to enter a

password so that is easy to use for

persons

with

intellectual

disabilities.

(n)

Offering a connection with a

refreshable Braille display so that

blind persons can use the

computer.

(o)

Examples of sector-specific

requirements

(i)

No example provided.

(ii)

No example provided.

(iii) First indent

Providing that a mobile

phone should be able to handle real

time text conversations so that

persons who are hard of hearing

can exchange information in an

interactive way.

(iii) Fourth indent

Allowing the simultaneous

use of video to display sign

language and text to write a

message, so that two deaf persons

can communicate with each other

or with a hearing person.

(iv)

Ensuring that subtitles are

transmitted through the set top box

for their use by deaf persons.

3. Support services: No example provided

SECTION II

EXAMPLES RELATED TO ACCESSIBILITY REQUIREMENTS

FOR PRODUCTS IN REGULATION 3(1), EXCEPT FOR THE SELF-

SERVICE TERMINALS REFERRED TO IN REGULATION 3(1)(b)

EXAMPLES

REQUIREMENTS IN SECTION

II OF ANNEX I

Packaging and instructions of products

Indicating in the packaging

(a)

that

the

phone

contains

accessibility features for persons

with disabilities.

(b)

Providing electronic files

(i)

which can be read by a computer

using screen readers so that blind

persons can use the information.

Using the same words in a

(ii)

consistent manner, or in a clear and

logical structure, so that persons

with intellectual disabilities can

better understand it.

Providing tactile relief format

(iii)

or sound when a text warning is

present so that blind persons

receive the warning.

Providing that the text can be

(iv)

read by persons who are visually

impaired.

Printing in Braille, so that a

(v)

blind person can read it.

Supplementing a diagram

(vi)

with a text description identifying

the main elements or describing

key actions.

SECTION III

EXAMPLES RELATED TO GENERAL ACCESSIBILITY

REQUIREMENTS FOR ALL SERVICES COVERED BY THESE

REGULATIONS IN ACCORDANCE WITH REGULATION 3(2)

EXAMPLES

REQUIREMENTS IN SECTION

III OF ANNEX I

The provision of services

No examples provided.

(a)

(b)

Providing electronic files

(i)

which can be read by a computer

using screen readers so that blind

persons can use the information.

Using the same words in a

(ii)

consistent manner or in a clear and

logical structure so that persons

with intellectual disabilities can

better understand it.

Including subtitles when a

(iii)

video with instructions is provided.

Providing that a blind person

(iv)

can use a file by printing it in

Braille.

Providing that the text can be

(v)

read by persons who are visually

impaired.

Supplementing a diagram

(vi)

with a text description identifying

the main elements or describing

key actions.

When a service provider

(vii)

offers a USB-key containing

information about the service,

providing that information is

accessible.

Providing text description of

(c)

pictures, making all functionality

available from a keyboard, giving

users enough time to read, making

content appear and operate in a

predictable way, and providing

compatibility

with

assistive

technologies, so that persons with

diverse disabilities can read and

interact with a website.

No example provided.

(d)

SECTION IV

EXAMPLES RELATED TO ADDITIONAL ACCESSIBILITY

REQUIREMENTS FOR SPECIFIC SERVICES

EXAMPLES

REQUIREMENTS IN SECTION

IV OF ANNEX I

Specific services

(a)

Providing that persons who

(i)

are hard of hearing could write and

receive text in an interactive

manner and in real time.

Providing that deaf persons

(ii)

can use sign language to

communicate among themselves.

Providing that a person who

(iii)

has

speech

and

hearing

impairments and chooses to use a

combination of text, voice and

video,

knows

that

the

communication is transmitted

through the network to an

emergency service.

(b)

Providing that a blind person

(i)

can select programmes on the

television.

Supporting the possibility to

(ii)

select, personalise and display

"access services" such as subtitles

for deaf persons or persons who are

hard of hearing, audio descriptions,

spoken subtitles and sign language

interpretation, by providing means

for effective wireless coupling to

hearing technologies or by

providing user controls to activate

"access services" for audiovisual

media services at the same level of

prominence as the primary media

controls.

(c)

No example provided.

(i)

No example provided.

(ii)

No example provided.

(d)

(e)

Making the identification

(i)

dialogues on a screen readable by

screen readers so that blind persons

can use them.

No example provided.

(ii)

(f)

Providing that a person with

(i)

dyslexia can read and hear the text

at the same time.

Enabling synchronized text

(ii)

and audio output or by enabling a

refreshable Braille transcript.

Providing that a blind person

(iii)

can access the index or change

chapters.

No example provided.

(iv)

Ensuring that information on

(v)

their accessibility features is

available in the electronic file so

that persons with disabilities can be

informed.

Ensuring that there is no

(vi)

blocking, for example that

technical protection measures,

rights management information or

interoperability issues do not

prevent the text from being read

aloud by the assistive devices, so

that blind users can read the book.

(g)

Ensuring

that

available

(i)

information on the accessibility

features of a product is not deleted.

Making the payment service

(ii)

user interface available by voice so

that blind persons can make online

purchases independently.

Making the identification

(iii)

dialogues on a screen readable by

screen readers so that blind persons

can use them.

ANNEX III

ACCESSIBILITY REQUIREMENTS FOR THE PURPOSE OF

REGULATION 4(4) CONCERNING THE BUILT

ENVIRONMENT WHERE THE SERVICES UNDER THE

SCOPE OF THESE REGULATIONS ARE PROVIDED

In order to maximise the foreseeable use in an independent

manner by persons with disabilities of the built environment in which a

service is provided and which is under the responsibility of the service

provider, as referred to in regulation 4(4), the accessibility of areas

intended for public access shall include the following aspects

(a)

use of related outdoor areas and facilities;

(b)

approaches to buildings;

(c)

use of entrances;

(d)

use of paths in horizontal circulations;

(e)

use of paths in vertical circulation;

(f)

use of rooms by the public;

(g) use of equipment and facilities used in the provision of

the service;

(h)

use of toilets and sanitary facilities;

(i) use of exits, evacuation routes and concepts for

emergency planning;

(j) communication and orientation via more than one

sensory channel;

(k)

use of facilities and buildings for their foreseeable

purpose;

(l) protection from hazards in the environment indoors

and outdoors.

ANNEX IV

CONFORMITY ASSESSMENT PROCEDURE – PRODUCTS

1. Internal production control

Internal production control is the conformity assessment

procedure whereby the manufacturer fulfils the obligations laid down

in points 2, 3 and 4 of this Annex, and ensures and declares on its sole

responsibility that the products concerned satisfy the appropriate

requirements of these regulations.

2. Technical documentation

The manufacturer shall establish the technical documentation.

The technical documentation shall make it possible to assess the

conformity of the product to the relevant accessibility requirements

referred to in regulation 4 and, in case the manufacturer relied on the

exemption found in regulation 14, to demonstrate that relevant

accessibility requirements would introduce a fundamental alteration or

impose a disproportionate burden. The technical documentation shall

specify only the applicable requirements and cover, as far as relevant

for the assessment, the design, manufacture and operation of the

product.

The technical documentation shall, wherever applicable, contain

at least the following elements

(a)

a general description of the product;

(b)

a list of the harmonised standards and technical

specifications the references of which have been published in

the Official Journal of the European Union, applied in full or in

part, and descriptions of the solutions adopted to meet the relevant

accessibility requirements referred to in regulation 4 where those

harmonised standards or technical specifications have not been

applied;

In the event of partly applied harmonised standards or technical

specifications, the technical documentation shall specify the parts which

have been applied.

3. Manufacturing

The manufacturer shall take all measures necessary so that the

manufacturing process and its monitoring ensure compliance of the

products with the technical documentation referred to in point 2 of this

Annex and with the accessibility requirements of these regulations

4. CE marking and EU declaration of conformity

4.1 The manufacturer shall affix the CE marking referred to in

these regulations to each individual product that satisfies the applicable

requirements of these regulations.

4.2 The manufacturer shall draw up a written EU declaration of

conformity for a product model. The EU declaration of conformity

shall identify the product for which it has been drawn up.

A copy of the EU declaration of conformity shall be made

available to the relevant authorities upon request.

5. Authorised representative

The manufacturer’s obligations set out in point 4 may be fulfilled

by its authorised representative, on its behalf and under its

responsibility, provided that they are specified in the mandate.

ANNEX V

INFORMATION ON SERVICES MEETING ACCESSIBILITY

REQUIREMENTS

1. The service provider shall include the information

assessing how the service meets the accessibility requirements referred

to in regulation 4 in the general terms and conditions, or equivalent

document. The information shall describe the applicable requirements

and cover, as far as relevant for the assessment the design and the

operation of the service. In addition to the consumer information

requirements of the Consumer Rights Regulations, the information S.L. 378.17.

shall at least, where applicable, contain the following elements

(a) a general description of the service in accessible

formats;

(b) descriptions and explanations necessary for the

understanding of the operation of the service;

(c) a description of how the relevant accessibility

requirements set out in Annex I are met by the service.

2. To comply with point 1 of this Annex the service provider

may apply in full or in part the harmonised standards and technical

specifications, for which references have been published in the Official

Journal of the European Union.

3. The service provider shall provide information

demonstrating that the service delivery process and its monitoring

ensure compliance of the service with point 1 of this Annex and with the

applicable requirements of these regulations.

ANNEX VI

CRITERIA FOR ASSESSMENT OF DISPROPORTIONATE

BURDEN

Criteria to carry out and document the assessment

1. Ratio of the net costs of compliance with accessibility

requirements to the overall costs (operating and capital expenditures) of

manufacturing, distributing or importing the product or providing the

service for the economic operators.

Elements to use to assess the net costs of compliance with

accessibility requirements

(a) criteria related to one-off organisational costs to take

into account in the assessment

(i) costs related to additional human resources with

accessibility expertise;

(ii) costs related to training human resources and

acquiring competences on accessibility;

(iii) costs of development of a new process for

including accessibility in the product development or service

provision;

(iv) costs related to development of guidance

material on accessibility;

(v) one-off costs of understanding the legislation on

accessibility;

(b) criteria related to on-going production

and

development costs to take into account in the assessment

(i) costs related to the design of the accessibility

features of the product or service;

(ii)

costs incurred in the manufacturing processes;

(iii) costs related to testing the product or service for

accessibility;

(iv) costs related to establishing documentation.

2. The estimated costs and benefits for the economic

operators, including production processes and investments, in relation

to the estimated benefit for persons with disabilities, taking into

account the amount and frequency of use of the specific product or

3. Ratio of the net costs of compliance with accessibility

requirements to the net turnover of the economic operator.

Elements to use to assess the net costs of compliance with

accessibility requirements

(a) criteria related to one-off organisational costs to take

into account in the assessment

(i)

costs related to additional human resources with

accessibility expertise;

(ii) costs related to training human resources and

acquiring competences on accessibility;

(iii) costs of development of a new process for

including accessibility in the product development or service

provision;

(iv) costs related to development of guidance

material on accessibility;

(v) one off costs of understanding the legislation on

accessibility;

(b) criteria related to on-going production

and

development costs to take into account in the assessment

(i) costs related to the design of the accessibility

features of the product or service;

(ii)

costs incurred in the manufacturing processes;

(iii) costs related to testing the product or service for

accessibility;

(iv) costs related to establishing documentation.

€4.77