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S.I. No. 636/2023 - European Union (Accessibility Requirements

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

Products and Services) Regulations 2023 AmendmentsLeasuithe Download PDF Íoslódáil PDF Notice

the making

this Statutory Instrument was published in “Iris Oifigiúil”

15th December,

1. CONTENTS Regulation Part 1 Preliminary
2. Citation and commencement
3. Interpretation Part 2 General
4. Scope

Regulations

1. Market Surveillance Authority and Compliance Authorities Part 3 Accessibility Requirements and Free Movement
2. Accessibility requirements
3. Existing Union law in field

passenger transport 7. Free movement Part 4 Obligations

Economic Operators Dealing with Products 8. Obligations

manufacturers

1. Authorised representatives
2. Obligations

importers 11. Obligations

distributors 12. Cases where obligations

manufacturer apply to importer or distributor 13. Identification

economic operators Part 5 Obligations

Service Providers 14. Obligations

service providers Part 6 Fundamental Alteration

Products or Services and Disproportionate Burden to Economic Operators 15. Fundamental alteration and disproportionate burden Part 7 Harmonised Standards and Technical Specifications

Products and Services 16. Presumption

conformity Part 8 Conformity

Products and CE Marking 17. EU declaration

conformity

products

1. CE Marking
2. Rules and Conditions for affixing CE Marking Part 9 Market Surveillance

Products and Union Safeguard Procedure 20. Market surveillance

products

1. Procedure at national level for dealing with products not complying with applicable accessibility requirements
2. Union safeguard procedure
3. Formal non-compliance Part 10 Compliance

services 24. Compliance

services Part 11 Accessibility requirements in other Union acts

1. Accessibility under other Union acts
2. Harmonised standards and technical specifications for other Union acts Part 12 Enforcement
3. Directions
4. Appeal against a direction or measure
5. Relevant authority may seek order for compliance with direction
6. Consumer may seek order for compliance with Regulations
7. Authorised

ficers 32.

fences: Penalties 33. Liability for

fences by body corporate 34. Defence

due diligence 35. Prosecution

summary

fences

1. Public procurement procedures Part 13 Miscellaneous
2. Provisions relating to Articles 26 and 28
3. Transitional measures
4. Report and review
5. Service

documents 41. Complaints SCHEDULE 1 Accessibility Requirements for Products and Services SCHEDULE 2 Conformity Assessment Procedure - Products SCHEDULE 3 Information on Services Meeting Accessibility Requirements SCHEDULE 4 Criteria for Assessment

Disproportionate Burden SCHEDULE 5 EU declaration

conformity I, RODERIC O’GORMAN, Minister for Children, Equality, Disability, Integration and Youth, in exercise

the powers conferred on me by section 3

the European Communities Act 1972 (No. 27

1972) and for the purpose

giving effect to Directive (EU) 2019/882

the European Parliament and

the Council

17 April 20191 , hereby make the following regulations: Part 1 PRELIMINARY Citation and commencement 1.

Products and Services) Regulations 2023.

Regulation (EC) No. 1107/2006

the European Parliament and

the Council

5 July 20062 , on departure from, on transit through, or on arrival at an airport, when the airport is situated in the territory

a Member State, including flights departing from an airport situated in a third country to an airport situated in the territory

a Member State where the services are operated by Union air carriers; “applicable accessibility requirements” means – (a) in relation to a product, the accessibility requirements with which the product is required, under paragraph

Regulation 5, to comply, and (b) in relation to a service, the accessibility requirements with which the service is required, under paragraph

Regulation 5, to comply; “assessment” shall be construed in accordance with Regulation 15

equipment, service or product system including software that is used to increase, maintain, substitute or improve functional capabilities

persons with disabilities or for alleviation and compensation

impairments, activity limitations or participation restrictions; “audiovisual media services” means audiovisual media services as defined in Article 1

Directive 2010/13/EU, as amended by Article 1

Directive (EU) 2018/1808

the European Parliament and

the Council

14 November 20183 ; “authorised representative” means a person appointed to be an authorised representative in accordance with Regulation 9; “bus passenger transport services” means services covered by Article 2

Regulation (EU) No. 181/2011

the European Parliament and

the Council

16 February 20114 ; “CE marking” means a marking by which a manufacturer indicates that a product is in conformity with the applicable requirements specified in Union harmonisation legislation providing for its affixing; “Commission” means the European Commission; “competent national authority” means – (

1. a)in relation to the State, a relevant authority, and (
2. b)in relation to another Member State, an authority that is designated by that Member State as the authority responsible for, as applicable – (
3. i)in the case

a product, carrying out the obligations

a market surveillance authority under the Directive, or (ii) in the case

a service, checking compliance

services with the requirements

the Directive; “compliance authority” means a body that is designated under Regulation 4

a service, to which these Regulations apply; “consumer banking services” means the provision to consumers

the following banking and financial services: (a) credit agreements covered by Directive 2008/48/EC

the European Parliament and

the Council

23 April 20085 or Directive 2014/17/EU

the European Parliament and

the Council

4 February 20146 ; (b) services as defined in points 1, 2, 4 and 5 in Section A and points 1, 2, 4 and 5 in Section B

Annex I to Directive 2014/65/EU

the European Parliament and

the Council

15 May 20147 ; (c) payment services as defined in Article 4

Directive (EU) 2015/2366

the European Parliament and

the Council

25 November 20158 ; (d) services linked to the payment account as defined in Article 2

Directive 2014/92/EU

the European Parliament and

the Council

23 July 20149 ; (e) electronic money as defined in Article 2

Directive 2009/110/EC

the European Parliament and

the Council

16 September 200910 ; “consumer general purpose computer hardware system” means the combination

hardware which forms a complete computer, characterised by its multipurpose 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

which is to provide access to audiovisual media services; “direction” means a direction given under these Regulations by a relevant authority; “Directive” means Directive (EU) 2019/882

the European Parliament and

the Council

17 April 20191 ; “Directive 2010/13/EU” means Directive 2010/13/EU

the European Parliament and

the Council

10 March 201011 ; “Directive 2012/34/EU” means Directive 2012/34/EU

the European Parliament and

the Council

21 November 201212 ; “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

the provision

digital files that convey an electronic version

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

those digital files, but does not include software covered under the definition

“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

a consumer with a view to concluding a consumer contract; “economic operator” means – (

1. a)in relation to a product, the manufacturer, the authorised representative, the importer or the distributor, or (
2. b)in relation to a service, the service provider; “electronic communications service” has the meaning it has in the Regulations

2022; “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

single or multiple travel tickets, travel subscriptions or travel credit, is stored electronically on a physical transport pass or other device, instead

being printed on a paper ticket; “emergency communication” has the meaning it has in the Regulations

2022; “e-reader” means dedicated equipment, including both hardware and software, used to access, navigate, read and use e-book files; “EU declaration

conformity” means a declaration

conformity (including a single EU declaration

conformity) drawn up in accordance with the requirements

Regulation 17; “harmonised standard” means a harmonised standard as defined in Article 2

Regulation (EU) No. 1025/2012; “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

data, voice or video or any combination thereof; “make available on the market” means any supply

a product for distribution, consumption or use on the Union market in the course

a commercial activity, whether in return for payment or free

charge; “mandate” shall be construed in accordance with Regulation 9

2022; “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

whether such software is an integral part

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

which is to allow payments to be made by using payment instruments as defined in Article 4

Directive (EU) 2015/2366

the European Parliament and

the Council

25 November 201513 at a physical point

sale but not in a virtual environment; “person with disabilities” means a person who has long-term physical, mental, intellectual or sensory impairments, which, in interaction with various barriers, may hinder the person’s full and effective participation in society on an equal basis with others; “place on the market” means the first making available

a product on the Union market; “product” means, subject to Regulation 31

human origin and products

plants and animals relating directly to their future reproduction; “public body” means – (

1. a)a board, authority or other body, other than a company under the Companies Act 2014 , established by or under statute, (
2. b)a company under the Companies Act 2014 in which all the shares are held – (
3. i)by or on behalf

a Minister

the Government, or (ii) by directors appointed by a Minister

the Government, or (

1. c)a company under the Companies Act 2014 in which all the shares are held by a board, authority or body referred to in subparagraph (
2. a)or by a company referred to in subparagraph (b); “public safety answering point” or “PSAP” has the meaning it has in the Regulations

2022; “rail passenger transport services” means all rail passenger services as referred to in Article 2

Regulation (EU) 2021/782; “real time text” means a form

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” means regional services as defined in Article 3

Directive 2012/34/EU, but, for the purposes

these Regulations, includes only the following modes

transport: (

1. a)rail; (
2. b)bus and coach; (
3. c)metro; (
4. d)tram; (
5. e)trolley bus; “Regulation (EC) No. 765/2008” means Regulation (EC) No 765/2008

the European Parliament and

the Council

9 July 200814 ; “Regulation (EU) No. 1025/2012” means Regulation (EU) No. 1025/2012

the European Parliament and

the Council

25 October 201215 ; “Regulation (EU) 2019/1020” means Regulation (EU) 2019/1020

the European Parliament and

the Council

20 June 201916 ; “Regulation (EU) 2021/782” means Regulation (EU) 2021/782

the European Parliament and

the Council

29 April 202117 ; “Regulations

2022” means the European Union (Electronic Communications Code) Regulations 2022 ( S.I. No. 444

2022 ); “relevant authority” means any

the following: (

1. a)the market surveillance authority; (
2. b)a compliance authority; “relevant compliance authority” means, in relation to a service to which these Regulations apply, the body that is, under Regulation 4

Directive 2006/123/EC

the European Parliament and

the Council

12 December 200618 ; “service provider” means any natural or legal person who provides a service on the Union market or makes

fers 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

hearing, audio description, spoken subtitles and sign language interpretation, which result from the implementation

measures to make services accessible as referred to in Article 7

Directive 2010/13/EU, and includes electronic programme guides (EPGs); “small and medium-sized enterprises” or “SMEs” means enterprises which employ fewer than 250 persons and which have an annual turnover not exceeding €50 million, or an annual balance sheet total not exceeding €43 million, but excludes microenterprises; “technical specification” means a technical specification as defined in Article 2

Regulation (EU) No. 1025/2012 that provides a means to comply with the accessibility requirements applicable to a product or service; “total conversation service” has the meaning it has in the Regulations

2022; “Union” means the European Union within the meaning the European Communities Act 1972 (No. 27

1972); “urban and suburban transport services” means urban and suburban services as defined in Article 3

Directive 2012/34/EU, but, for the purposes

these Regulations, only includes the following modes

transport: (

1. a)rail; (
2. b)bus and coach; (
3. c)metro; (
4. d)tram; (
5. e)trolley bus; “waterborne passenger transport services” means passenger services covered by Article 2

Regulation (EU) No. 1177/2010

24 November 201019 , with the exception

services referred to in Article 2

the Directive.

the definition

“service provider”, a publisher or other economic operator involved in the distribution

e-books and dedicated software shall, in relation to e-books and dedicated software, be considered to be a service provider. Part 2 GENERAL Scope

Regulations 3.

services covered by these Regulations: (I) automated teller machines; (II) ticketing machines; (III) check-in machines; (IV) interactive self-service terminals providing information, excluding terminals installed as integrated parts

vehicles, aircrafts, ships or rolling stock; (

1. c)consumer terminal equipment with interactive computing capability, used for electronic communications services; (
2. d)consumer terminal equipment with interactive computing capability, used for accessing audiovisual media services; (
3. e)e-readers.

machine-to-machine services; (

1. b)services providing access to audiovisual media services; (
2. c)the following elements

air passenger transport services, bus passenger transport services, rail passenger transport services and waterborne passenger transport services, other than the transport services to which subparagraph (

1. d)applies: (
2. i)websites; (
3. ii)mobile device-based services including mobile applications; (iii) electronic tickets and electronic ticketing services; (
4. iv)subject to paragraph

transport service information, including real-time travel information; (v) interactive self-service terminals located within the territory

the Union, other than those installed as integrated parts

vehicles, aircrafts, ships and rolling stock used in the provision

any part

such passenger transport services; (d) the following elements

urban and suburban transport services and regional transport services: (i) interactive self-service terminals located within the territory

the Union, other than those installed as integrated parts

vehicles and rolling stock used in the provision

any part

such passenger transport services; (

1. e)consumer banking services; (
2. f)e-books and dedicated software; (
3. g)e-commerce services.

websites and mobile applications: (a) pre-recorded time-based media published before 28 June 2025; (b)

fice file formats published before 28 June 2025; (

1. c)online maps and mapping services, if essential information is provided in an accessible digital manner for maps intended for navigational use; (
2. d)third-party content that is neither funded, developed by, or under the control

, the economic operator concerned; (e) content

websites and mobile applications qualifying as archives, meaning that they only contain content that is not updated or edited on or after 28 June 2025.

2018 ) and Regulation (EU) 2017/1563

the European Parliament and

the Council

13 September 201720 .

the Union. Market Surveillance Authority and Compliance Authorities 4.

the Directive and these Regulations, be the market surveillance authority in the State in respect

products to which these Regulations apply.

the Directive and these Regulations, be a compliance authority in the State in respect

services to which these Regulations apply: (a) in relation to the services specified in subparagraph (a)

Regulation 3

Regulation 3

Regulation 3

Regulation 3

Regulation 3

Ireland; (f) in relation to the services specified in subparagraph (f)

Regulation 3

Regulation 3

the service with the requirements laid down in these Regulations.

assisting the relevant authority concerned in performing its functions under these Regulations, advise a relevant authority on matters related to the accessibility requirements under the Directive and these Regulations.

the Minister, and where necessary and proportionate for the purpose

enabling the Minister to ensure the adequate and effective implementation

these Regulations, furnish the Minister with information relating to the performance by the relevant authority

its functions under these Regulations.

2018” means the Data Protection Act 2018 (No. 7

2018); “Article 10 data” means personal data referred to in Article 10

the General Data Protection Regulation; “General Data Protection Regulation” means Regulation (EU) 2016/679

the European Parliament and

the Council

27 April 201621 on the protection

natural persons with regard to the processing

personal data and on the free movement

such data, and repealing Directive 95/46/EC; “information” includes personal data, special categories

personal data and Article 10 data; “personal data” has the same meaning as it has in the General Data Protection Regulation; “special categories

personal data” has the same meaning as it has in the Act

2018. Part 3 ACCESSIBILITY REQUIREMENTS AND FREE MOVEMENT Accessibility requirements 5.

Schedule 1, and (b) other than self-service terminals, shall comply with the accessibility requirements specified in Part 2

Schedule 1.

Schedule 1, and (b) shall comply with the accessibility requirements specified in Part 4

Schedule 1.

emergency communications to the single European emergency number ‘112’ by the most appropriate PSAP shall comply with the specific accessibility requirements specified in Part 5

Schedule 1.

facilitating the application

these Regulations, provide guidelines and tools to microenterprises.

the National Disability Authority or a compliance authority.

passenger transport 6.

accessible information and

information on accessibility laid down in an instrument specified in paragraph

these Regulations.

the European Parliament and

the Council

11 February 200422 ; (b) Regulation (EC) No 1107/2006

the European Parliament and

the Council

5 July 200623 ; (

1. c)Regulation (EU) 2021/782; (
2. d)Regulation (EU) No 1177/2010

the European Parliament and

the Council

24 November 201024 ; (e) Regulation (EU) No 181/2011

the European Parliament and

the Council

16 February 201125 ; (f) the European Communities (Interoperability

the Rail System) Regulations 2011 ( S.I. No. 419

2011 ). Free movement 7. Nothing in these Regulations shall impede, for reasons related to accessibility requirements, the making available on the market

a product or the provision

a service in the State, where such product or service complies with the applicable accessibility requirements. Part 4 OBLIGATIONS

ECONOMIC OPERATORS DEALING WITH PRODUCTS Obligations

manufacturers 8.

Schedule 2, (

1. b)carry out the conformity assessment procedure specified in Schedule 2, or have that procedure carried out, (
2. c)where compliance

the product with the applicable accessibility requirements has been demonstrated by the procedure referred to in subparagraph (b) – (i) draw up an EU declaration

conformity, and (

1. ii)affix the CE marking, (
2. d)ensure that the product bears a type, batch or serial number or other element allowing its identification, or, where the size or nature

the product does not allow it, that the required information is provided on the product’s packaging or in a document accompanying the product, (

1. e)indicate on the product or, where that is not possible, on its packaging or in a document accompanying the product – (
2. i)the manufacturer’s name, (
3. ii)the manufacturer’s registered trade name or registered trade mark, and (iii) the manufacturer’s address, which shall be in a language easily understood by end-users and the market surveillance authority and shall indicate a single point at which the manufacturer can be contacted, (
4. f)ensure that the product is accompanied by instructions and safety information, which shall be in the Irish and English languages or in the English language, and (
5. g)ensure that the instructions and information referred to in subparagraph (f), as well as any labelling, are clear, understandable and intelligible.

a product is declared.

conformity referred to in paragraph

5 years after the product has been placed on the market, (

1. b)where the manufacturer considers or has reason to believe that the product is not in conformity with these Regulations – (
2. i)immediately take the corrective measures necessary to bring the product into conformity, or (
3. ii)if appropriate, withdraw the product, (
4. c)where a product does not comply with the applicable accessibility requirements, immediately inform the competent national authorities

the Member States in which the manufacturer made the product available to that effect, giving details, in particular,

the non-compliance and

any corrective measures taken, (d) keep a register

products which do not comply with the applicable accessibility requirements and

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

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

Regulation 8.

a product covered by the mandate: (a) keep the EU declaration

conformity and the technical documentation at the disposal

the market surveillance authority for a period

5 years from the date upon which the product has been placed on the market; (b) further to a request in a notice given to the authorised representative by the market surveillance authority, giving reasons for the request, provide the market surveillance authority with all the information and documentation, in paper or electronic form, necessary to demonstrate the conformity

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

the product.

importers 10.

Schedule 2, (

1. b)the manufacturer has carried out the conformity assessment procedure specified in Schedule 2 or has had that procedure carried out, (
2. c)the product bears the CE marking, (
3. d)the product is accompanied by the documents required under Regulation 8, (
4. e)the manufacturer has complied with the requirements specified in subparagraphs (
5. d)and (e)

Regulation 8

Regulation 8

the importer, the storage

the product or the conditions under which it is transported do not jeopardise its compliance with the applicable accessibility requirements.

5 years after the product has been placed on the market, keep a copy

the EU declaration

conformity at the disposal

the market surveillance authority and ensure that the technical documentation referred to in paragraph

the Member States in which the importer made the product available to that effect, giving details, in particular,

the non-compliance and

any corrective measures taken, (d) keep a register

products that do not comply with the applicable accessibility requirements and

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

the product, and (f) cooperate with the market surveillance authority, at its request, on any action taken to eliminate the non-compliance

the product with the applicable accessibility requirements.

distributors 11.

these Regulations when making a product available on the market.

Regulation 8

Regulation 10

the distributor, the storage

the product or the conditions under which it is transported do not jeopardise its compliance with the applicable accessibility requirements.

the Member States in which the distributor made that product available to that effect, giving details, in particular,

the non-compliance and

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

the product, and (d) cooperate with the market surveillance authority, at its request, on any action taken to eliminate the non-compliance

the product with the applicable accessibility requirements.

manufacturer apply to importer or distributor 12.

the circumstances specified in paragraph

these Regulations, and (b) shall be subject to the obligations

a manufacturer under Regulation 8, subject to the following modifications: (

1. i)a reference in that Regulation to a manufacturer shall be construed as a reference, as the case may be, to an importer or distributor; (
2. ii)any other necessary modifications.

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

the distributor, places a product or the market under the distributor’s name or trade mark; (b) the importer or distributor modifies a product already placed on the market in such a way that compliance with the requirements

these Regulations may be affected. Identification

economic operators 13.

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

1. a)any other economic operator who has supplied the first economic operator with a product; (
2. b)any other economic operator to whom the first economic operator has supplied a product.

5 years after the economic operator has been supplied with, or has supplied, the product.

SERVICE PROVIDERS Obligations

service providers 14.

the Schedule, shall explain how the service meets the applicable accessibility requirements, (

1. b)make the information specified in subparagraph (
2. a)available to the public in writing and in oral format, including in a manner that is accessible to persons with disabilities, and (
3. c)keep the information specified in subparagraph (
4. a)for as long as the service is in operation.

a service remains in conformity with the applicable accessibility requirements, and (

1. b)adequately take into account changes in – (
2. i)the characteristics

the provision

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

the Member States in which that service is provided to that effect, and give details, in particular,

the non-compliance and

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

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

PRODUCTS OR SERVICES AND DISPROPORTIONATE BURDEN TO ECONOMIC OPERATORS Fundamental alteration and disproportionate burden 15.

its basic nature, or (b) result in a disproportionate burden on the economic operator concerned.

whether clause (i) or (ii)

subparagraph (

1. b)applies, and (
2. b)the result

the assessment is that compliance with the applicable accessibility requirements would, as applicable – (i) introduce a fundamental alteration

the basic nature

the product or service concerned, or (ii) impose a disproportionate burden on the economic operator concerned.

whether clause (ii)

paragraph

the relevant results

the assessment for a period

5 years after – (i) in the case

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

a service, the date on which the service was last provided, and (c) further to a request from any

the following authorities, provide that authority with a copy

the assessment: (

1. i)where the assessment relates to a product, the market surveillance authority; (
2. ii)where the assessment relates to a service, the relevant compliance authority.

paragraph

service that the service provider provides, renew the assessment carried out under paragraph

whether clause (ii)

paragraph

fered is altered, or (

1. ii)requested to do so by the relevant compliance authority, and (
2. b)in any event, at least every 5 years.

paragraph

improving accessibility.

the product or service, shall provide information to that effect to – (i) in the case

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

a service, the relevant compliance authority.

PRODUCTS AND SERVICES Presumption

conformity 16.

harmonised standards), references to which standards have been published in the

ficial Journal

the European Union, shall be presumed to be in conformity with the applicable accessibility requirements in so far as those standards (or parts

those standards) cover those requirements.

technical specifications) shall be presumed to be in conformity with the applicable accessibility requirements in so far as those specifications (or parts

those specifications) cover those requirements. Part 8 CONFORMITY

PRODUCTS AND CE MARKING EU declaration

conformity

products 17.

a product, when drawing up an EU declaration

conformity under Regulation 8

the product, shall ensure that the declaration – (a) states that the fulfilment

the applicable accessibility requirements has been demonstrated, (

1. b)where, as an exception, Regulation 15 has been relied upon, states the accessibility requirements that are subject to the exception, (
2. c)has the model structure specified in Schedule 5, (
3. d)contains the elements specified in Schedule 2, (
4. e)is continuously updated, and (
5. f)when the product is placed or made available on the market in the State, is translated into both the Irish and English languages or the English language only.

a product that is subject to more than one Union act requiring an EU declaration

conformity, when drawing up an EU declaration

conformity in respect

the product, shall draw up a single EU declaration

conformity relating to the product (in this Regulation referred to as a “single EU declaration

conformity”) in respect

all such Union acts.

conformity shall identify the Union acts concerned including their publication references.

a manufacturer

a product referred to in paragraphs

such a manufacturer who is acting on behalf, and under the responsibility

the manufacturer, where the obligation concerned is specified in the mandate referred to in Regulation 9.

a product who draws up an EU declaration

conformity in accordance with this Regulation, or on whose behalf such a declaration is drawn up by an authorised representative to whom paragraph

the product concerned with the requirements specified in these Regulations.

Regulation (EC) No. 765/2008. Rules and Conditions for affixing CE Marking 19.

a product, shall, in accordance with this Regulation, affix the CE marking to the product before it is placed on the market.

the nature

the product, to the packaging and to the accompanying documents.

the CE marking.

the CE marking.

a manufacturer

a product referred to in this Regulation may be performed by an authorised representative

such a manufacturer who is acting on behalf, and under the responsibility

the manufacturer, where the obligation concerned is specified in the mandate referred to in Regulation 9. Part 9 MARKET SURVEILLANCE

PRODUCTS AND UNION SAFEGUARD PROCEDURE Market surveillance

products 20.

Article 19

and the application to products

the relevant provisions, the market surveillance authority shall, in relation to the products to which these Regulations apply – (a) be the market surveillance authority, within the meaning

Regulation (EU) 2019/1020, in the State for the purposes

the relevant provisions and in relation to that application, (

1. b)perform the functions assigned to a market surveillance authority by the relevant provisions and in relation to that application, and (
2. c)perform the functions specified in Article 34

Regulation (EU) 2019/1020 in relation to that application.

products, the market surveillance authority shall, when the economic operator has relied on Regulation 15 – (

1. a)check that the assessment has been conducted by the economic operator, (
2. b)review that assessment and its results, including the correct use

the criteria specified in Schedule 4, and (c) check compliance with the applicable accessibility requirements.

economic operators with the applicable accessibility requirements and the assessment, is made available to consumers upon request and in an accessible format.

information that cannot be provided for reasons

confidentiality, professional and commercial secrecy or the protection

personal data, as provided for in Article 17

Regulation (EU) 2019/1020.

Regulation (EU) 2019/1020 specified in the correlation table in Annex III to that Regulation, to which references to Articles 15

Regulation (EC) No. 765/2008 are to be construed as being pursuant to Article 39

Regulation (EU) 2019/1020. Procedure at national level for dealing with products not complying with applicable accessibility requirements 21.

an evaluation carried out under paragraph

an evaluation carried out under paragraph

a direction under paragraph

the results

the evaluation and

the actions which it has required the economic operator to take.

all the products concerned that the economic operator has made available on the market throughout the Union.

the measure.

subparagraph (a), include details

– (i) the data necessary for the identification

the non-compliant product, (ii) the origin

the product, (iii) the nature

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

the national measures taken, and (

1. v)the arguments put forward by the relevant economic operator, and (
2. c)indicate whether the non-compliance is due to either – (
3. i)the failure

the product to meet the applicable accessibility requirements, or (ii) the shortcomings in the harmonised standards or in the technical specifications referred to in Regulation 16.

– (a) any measures taken by the market surveillance authority in respect

the product concerned, (b) any additional information at the disposal

the market surveillance authority relating to the non-compliance

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

the market surveillance authority.

the market surveillance authority informing, under paragraph

a provisional measure taken, no objection has been raised by either a Member State or the Commission in respect

the measure, the measure shall be deemed to be justified.

Article 20

, a measure taken by a Member State other than the State is deemed justified, the market surveillance authority shall, for the purposes

that paragraph and without delay, take such measures as it considers appropriate in respect

the product, which may include – (

1. a)prohibiting or restricting the product concerned being made available on the market in the State, or (
2. b)withdrawing the product from that market.

the measure concerned and

the effect

Regulation 28. Union safeguard procedure 22.

a Member State other than the State is considered to be justified, the market surveillance authority shall – (

1. a)take the necessary measures to ensure that the non-compliant product is withdrawn from the market in the State, and (
2. b)inform the Commission accordingly.

the measure concerned and

the effect

Regulation 28.

Article 21

applies, the market surveillance authority shall consult with the Commission for the purposes

that paragraph. Formal non-compliance 23.

the findings specified in paragraph

Article 30

Regulation (EC) No. 765/2008 or

Regulation 19; (

1. b)the CE marking has not been affixed; (
2. c)the EU declaration

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

conformity has not been drawn up correctly; (

1. e)technical documentation is either not available or not complete; (
2. f)the information referred to in Regulation 8

the non-compliance, take all appropriate measures to – (

1. a)restrict or prohibit the product from being made available on the market in the State, or (
2. b)withdraw the product from the market in the State.

the measure concerned and

the effect

Regulation 28. Part 10 COMPLIANCE

SERVICES Compliance

services 24.

that service, perform the following functions: (a) checking the compliance

the service concerned with the requirements specified in these Regulations, including the assessment; (b) following up complaints or reports on issues relating to non-compliance

the service concerned with the applicable accessibility requirements; (c) verifying that the economic operator concerned has taken the necessary corrective action.

the criteria specified in Schedule 4, and (c) check compliance with the applicable accessibility requirements.

its functions under paragraph

performing its functions under paragraph

its functions under these Regulations, and (b) on completion

a review under subparagraph (a), prepare a report containing the findings

the review including, where applicable, recommendations in relation to the updating

the procedures. Part 11 ACCESSIBILITY REQUIREMENTS IN OTHER UNION ACTS Accessibility under other Union acts 25.

Regulation 42

the European Union (Award

Public Authority Contracts) Regulations 2016 ( S.I. No. 284

2016 ) and Regulation 67

the European Union (Award

Contracts by Utility Undertakings) Regulations 2016 ( S.I. No. 286

2016 ).

which comply with the accessibility requirements specified in Schedule 1 in accordance with Part 6 thereof, shall be presumed to fulfil the relevant obligations specified in Union acts, other than the Directive, as regards accessibility, for those features, elements or functions, unless otherwise provided in those other acts. Harmonised standards and technical specifications for other Union acts 26. Conformity with harmonised standards and technical specifications, or parts thereof, that are adopted in accordance with Article 15 shall create a presumption

compliance with Regulation 25 in so far as those standards and technical specifications, or parts thereof, meet the accessibility requirements

these Regulations. Part 12 ENFORCEMENT Directions 27.

the proposal to the economic operator, which notice shall include – (a) a statement in summary form

the proposal and the reasons for it, and (b) a statement that the economic operator may, within 14 days

receipt

the notice, make representations in writing to the authority in relation to the proposal, and

the effect

paragraph

the reason for the giving

the direction, which shall identify the requirement laid down in the Regulations that, in the opinion

the relevant authority, is not being complied with, (

1. d)specify – (
2. i)the date on which the direction takes effect, (
3. ii)the action required to be taken by the economic operator, and (iii) the period within which the action shall be taken, (
4. e)inform the economic operator

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

Regulation 29, and (iv) the effect

Regulation 32

paragraph

the opinion that this is necessary because

the urgency

the matter, immediately, (

1. b)from a specified date, (
2. c)by a specified date, or (
3. d)between specified dates.

the period specified in the direction, notify the relevant authority concerned in writing

such compliance.

receiving a notification under paragraph

any person to bring proceedings for the purpose

securing compliance with these Regulations, Regulation (EC) No. 765/2008 or Regulation (EU) 2019/1020, or (b) the bringing or prosecuting

any proceedings for an

fence under these Regulations. Appeal against a direction or measure 28.

a direction given, or a measure taken, under these Regulations may, in accordance with this Regulation, appeal the direction or measure to the District Court.

the grounds on which the appeal is made and which shall be lodged with the appropriate

fice

the District Court not later than 14 days from the date on which the direction concerned was given or the notice

the measure was served.

the appeal and the relevant authority shall be entitled to appear, be heard and adduce evidence at the hearing

the appeal or the application, as the case may be.

an appeal shall not have the effect

suspending the operation

the direction or measure the subject

the appeal but the District Court to which the appeal has been made, may, on application to it by the appellant, suspend its operation until the appeal is determined or withdrawn.

an appeal, the District Court may confirm, vary or revoke the direction or measure the subject

the appeal.

the District Court for the time being assigned to the District Court district in which – (a) (i) where the direction or measure the subject

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

the appeal relates to a service, the service was provided, or (b) the economic operator concerned ordinarily resides or carries on any business, trade or profession.

the proposal to the economic operator, which notice shall include – (a) a statement in summary form

the proposal and the reasons for it, and (b) a statement that the economic operator may, within 14 days

receipt

the notice, make representations in writing to the authority in relation to the proposal, and

the effect

paragraph

the application.

the foregoing, such an order may do one or more

the following: (a) include a declaration that the economic operator concerned has failed to comply with the direction or with a part

it; (b) require the economic operator to comply with the direction, or part

it, in such manner and within such period as the court may specify; (c) impose such other conditions upon the economic operator as the court considers appropriate.

the Circuit Court for the circuit in which – (

1. a)(
2. i)where the direction the subject

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

the application relates to a service, the service concerned was provided, or (b) the economic operator concerned ordinarily resides or carries on any business, trade or profession.

local and limited jurisdiction and, for the purpose

the court’s satisfying itself

that matter, the matters to which it shall have regard include – (a) the nature, gravity, scale and duration

the non-compliance, (b) whether an order under this Regulation would result in the imposition

a disproportionate burden on the economic operator concerned, and (c) the number

persons affected.

the opinion, during the hearing

the application, that it is not appropriate for the Circuit Court to deal with the application, it may, if it so thinks fit, transfer the application to the High Court.

the Circuit Court to determine an application under this Regulation which, at the time

the making

the application, it was satisfied it had jurisdiction to deal with.

a procedural nature that was made by the court from which it is so transferred in the proceedings in relation to the application. Consumer may seek order for compliance with Regulations 30.

the application – (

1. a)the economic operator against whom the order is sought, and (
2. b)where the alleged non-compliance relates to – (
3. i)a product, the market surveillance authority, and (
4. ii)a service, the relevant compliance authority.

the foregoing, such an order may do one or more

the following: (

1. a)include a declaration that the economic operator concerned has failed to comply with a requirement laid down in these Regulations; (
2. b)require the economic operator to comply with a requirement laid down in these Regulations, in such manner and within such period as the court may specify; (
3. c)impose such other conditions upon the economic operator as the court considers appropriate.

the Circuit Court for the circuit in which the consumer making the application ordinarily resides or carries on any business, trade or profession.

paragraph

local and limited jurisdiction and, for the purpose

the court’s satisfying itself

that matter, the matters to which it shall have regard include – (a) the nature, gravity, scale and duration

the non-compliance, (b) whether an order under this Regulation would result in the imposition

a disproportionate burden on the economic operator concerned, and (c) the number

persons affected.

the opinion, during the hearing

the application, that it is not appropriate for the Circuit Court to deal with the application, it may, if it so thinks fit, transfer the application to the High Court.

the Circuit Court to determine an application under this Regulation which, at the time

the making

the application, it was satisfied it had jurisdiction to deal with.

a procedural nature that was made by the court from which it is so transferred in the proceedings in relation to the application.

the person, engage on behalf

or in support

a consumer who makes an application under this Regulation. Authorised

ficers 31.

ficers for the purposes

ensuring compliance with these Regulations.

ficer shall be furnished with a warrant

his or her appointment and, when exercising any power conferred on him or her under these Regulations shall, if requested by any person thereby affected, produce the warrant or a copy

it to that person for inspection.

ficer under paragraph

an authorised

ficer ceases – (a) if it is terminated under paragraph

that period, or (c) if the person appointed is a member

staff

the relevant authority, upon the person ceasing to be such a member

staff.

ficer may for the purpose

ensuring that these Regulations are being complied with and where necessary and justified do one or more

the following: (a) subject to paragraphs

a product to which these Regulations apply, or the provision

a service to which these Regulations apply, is or has been carried on, or records relating to such activity, trade or business are kept, and search and inspect the premises or place and any products, records or services found therein; (b) secure for later inspection any premises or place or part

it in which such products or records are kept or services have been provided, or where there are reasonable grounds for believing that such products or records are kept or that such services are provided; (c) require any person in charge

or employed in such premises or place to produce to the

ficer such books, documents or records (and in the case

such information in a non-legible form to reproduce it in a permanent legible form) that are in the person’s power or control or to give to the

ficer such information as the

ficer may reasonably require in relation to any entries in such records; (d) inspect and take copies

or extracts from any such books, documents or records (including in the case

information in non-legible form a copy

or extract from such information in a permanent legible form) or require that such a copy be provided; (

1. e)require a person at a premises or place referred to in subparagraph (
2. a)by whom or on whose behalf a computer is or has been used to produce or store records or any person having control

, or otherwise concerned with the operation

the computer, to afford the authorised

ficer access thereto and such reasonable assistance as the authorised

ficer may require; (f) remove and detain, where the

ficer has reasonable cause to suspect that there has been a contravention

these Regulations, the product or records for such period as may be reasonable for further examination or until the conclusion

any legal proceedings; (

1. g)require that records at a premises or place referred to in subparagraph (
2. a)be maintained for such period as the authorised

ficer reasonably considers to be necessary; (h) require by notice, at a time and place specified in the notice, any person (including the person in charge) to give the authorised

ficer any information that the authorised

ficer may reasonably require in relation to a product or service, or any activity, process, procedure, matter or thing at, or carried on at, such place or premises, and to produce to the authorised

ficer any records that are in that person’s power, possession or control; (i) as regards any product or record the

ficer finds at or in a premises or place, take any measurements or photographs or make any tape, electrical or other recordings that the authorised

ficer considers necessary and require any person in charge

the premises or place, or any person who appears to the

ficer to be in possession

relevant products, to supply without payment, for test, examination or analysis sufficient samples thereof; (j) in relation to any product found at a premises or place in accordance with subparagraph (i), take possession

it and detain it for so long as is necessary for all or any

the following purposes, namely to – (i) examine or arrange for the examination

it and do to it anything which he or she has power to do under subparagraph (i), (ii) ensure that it is not tampered with before the examination

it is completed, and (iii) ensure that it is available for use as evidence in any proceedings; (k) require any person to afford the

ficer such facilities and assistance within the person’s control or responsibilities as are reasonably necessary to enable the

ficer to exercise any

the powers conferred on an authorised

ficer under this Regulation.

ficer takes possession

any product found at or in any premises, the

ficer shall, if it is practicable for him or her to do so, take a sample thereof and give to a responsible person at the premises a portion

the sample marked in a manner sufficient to identify it.

fence (other than under paragraph

ficer shall not, other than with the consent

the occupier, enter a private dwelling unless he or she has obtained a warrant from the District Court under paragraph

ficer in the exercise

the

ficer’s powers under this Regulation is prevented from entering any premises, an application may be made to the District Court under paragraph

ficer, where he or she considers it necessary, may be accompanied by a member

the Garda Síochána when performing any powers conferred on an authorised

ficer under this Regulation.

the District Court is satisfied on the sworn information

an authorised

ficer that there are reasonable grounds for suspecting that there is information required by an authorised

ficer under this Regulation held on any premises or any part

any premises or there are products which an authorised

ficer requires to inspect for the purposes

these Regulations or that such inspection is likely to disclose evidence

a contravention

these Regulations, the judge may issue a warrant authorising an authorised

ficer, whether alone or accompanied by other authorised

ficers or members

the Garda Síochána, at any time or times within one month from the date

issue

the warrant, on production if so requested

the warrant, to enter, if need be by reasonable force, the premises and exercise all or any

the powers conferred on an authorised

ficer under this Regulation.

the District Court in whose District Court District in which the premises or place, as the case may be, referred to in paragraph

ficer in the exercise

the

ficer’s powers under this Regulation, (b) without reasonable excuse fail to comply with a request from an authorised

ficer under this Regulation, or (c) make a statement to such

ficer which the person knows is false or misleading.

the product.

fences: Penalties 32.

Regulation 15, Regulation 17, Regulation 21

fence.

Regulation 19, or (b) affixes to a product a CE marking which is not in conformity with the requirements

these Regulations, commits an

fence.

fence.

paragraph

Regulation 31 commits an

fence.

fence.

fence under these Regulations shall be liable – (

1. a)on summary conviction to a class A fine or to imprisonment for a term not exceeding 6 months or to both, or (
2. b)on conviction on indictment to a fine not exceeding €60,000 or to imprisonment for a term not exceeding 18 months or to both.

the failure to comply with these Regulations; (b) the number

units

products or services to which the failure to comply related; (c) the number

persons affected by the failure to comply. Liability for

fences by body corporate 33.

fence under these Regulations is committed by a body corporate and is proven to have been so committed with the consent, connivance or approval

, or to be attributable to any wilful neglect on the part

, any person, being a director, manager, secretary or other

ficer

the body corporate, or a person who was purporting to act in any such capacity, that person, as well as the body corporate, commits an

fence and shall be liable to be proceeded against and punished as if he or she were guilty

the first-mentioned

fence.

a body corporate are managed by its members, paragraph

a member in connection with his or her functions

management as if he or she were a director or manager

the body corporate. Defence

due diligence 34. In proceedings for an

fence under these Regulations, it shall be a defence for the person charged to prove that he or she exercised due diligence and took all reasonable precautions to avoid the commission

the

fence. Prosecution

summary

fences 35.

fence under these Regulations may be brought and prosecuted summarily by – (a) the Competition and Consumer Protection Commission in relation to an

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

fence relating to a function that is exercisable by that Commission, (c) the Central Bank

Ireland in relation to an

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

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

fence relating to a function that is exercisable by that Authority, or (f) Coimisiún na Meán in relation to an

fence relating to a function that is exercisable by that Commission.

Public Authority Contracts) Regulations 2016 ( S.I. No. 284

2016 ) or the European Union (Award

Contracts by Utility Undertakings) Regulations 2016 ( S.I. No. 286

2016 ). Part 13 MISCELLANEOUS Provisions relating to Articles 26 and 28 37.

paragraph

Article 26

, nominate such person, being a person whom he or she considers to be suitably qualified to perform the functions concerned, to perform the functions

an expert under that paragraph.

Article 28

, nominate such persons, being persons referred to in that Article, as he or she considers appropriate to participate in the working group established under that Article.

its functions under the Directive. Transitional measures 38.

services before 28 June 2025 may continue to be used in the provision

similar services until the end

their economically useful life, but no longer than 20 years after their entry into use. Report and review 39. A relevant authority shall – (a) maintain such data and information as it considers reasonably necessary for the purposes

compliance by it with paragraph (b), and (b) at such intervals as the Minister may direct, and at any other time on the request

the Minister, provide the Minister with such information as the Minister may direct for the purpose

compliance by the Minister with paragraph

Article 33

. Service

documents 40.

the following ways: (a) by delivering it to the person, or to an employee, servant or agent

the person; (

1. b)by leaving it at the address at which the person ordinarily resides or, in a case in which an address for service has been furnished, at that address; (
2. c)by sending it by post in a prepaid registered letter to the address at which the person ordinarily resides or, in a case in which an address for service has been provided, to that address; (
3. d)by electronic means, in a case in which the person has given notice in writing to the person serving or giving the notice, direction or document concerned

the first mentioned person’s consent to the notice, direction or document (or notices, directions or documents

a class to which the notice, direction or document belongs) being served on, or given to, the person in that manner.

this Regulation, a company formed and registered under the Companies Act 2014 or an existing company within the meaning

that Act is deemed to be ordinarily resident at its registered

fice, and every other body corporate and every unincorporated body

persons shall be deemed to be ordinarily resident at its principal

fice or place

business. Complaints 41.

these Regulations, the functions

a relevant authority under these Regulations shall include the consideration, in accordance with this Regulation,

complaints that a product, service or economic operator has not complied, or is not in compliance, with a requirement laid down in these Regulations.

a complaint to which paragraph

such receipt, and (b) may request the complainant in writing to provide further written particulars

the complaint for the purpose

its consideration

the complaint.

time, inform the complainant in writing

the outcome

its consideration

a complaint.

the complaint is trivial, or (c) the complainant has failed to respond to a request for further particulars

the complaint fully or within the time specified by the relevant authority under paragraph

time, inform the complainant in writing

its decision and the reasons for the decision. SCHEDULE 1 Accessibility Requirements for Products and Services Part 1 General accessibility requirements related to all products covered by these Regulations in accordance with Regulation 3

information: (a) the information on the use

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

1. i)made available via more than one sensory channel, (
2. ii)presented in an understandable way, (iii) presented to users in ways they can perceive, and (
3. iv)presented in fonts

adequate size and suitable shape, taking into account foreseeable conditions

use, and using sufficient contrast, as well as adjustable spacing between letters, lines and paragraphs; (b) the instructions for use

a product, where not provided on the product itself but made available through the use

the product or through other means such as a website, including the accessibility functions

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 – (

1. i)be made available via more than one sensory channel, (
2. ii)be presented in an understandable way, (iii) be presented to users in ways they can perceive, (
3. iv)be presented in fonts

adequate size and suitable shape, taking into account foreseeable conditions

use and using sufficient contrast, as well as adjustable spacing between letters, lines and paragraphs, (

1. 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, (
2. vi)be accompanied by an alternative presentation

any non-textual content, (vii) include a description

the user interface

the product (handling, control and feedback, input and output), which – (I) is provided in accordance with paragraph 2, and (II) shall indicate for each

the subparagraphs in paragraph 2 whether the product provides those features, (viii) include a description

the functionality

the product which – (I) is provided by functions aiming to address the needs

persons with disabilities in accordance with paragraph 2, and (II) shall indicate for each

the subparagraphs in paragraph 2 whether the product provides those features, and (ix) include a description

the software and hardware interfacing

the product with assistive devices, which description shall include a list

the assistive devices that 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 – (

1. 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, including providing alternatives to vision, auditory, speech and tactile elements, (
2. b)when the product uses speech, it shall provide alternatives to speech and vocal input for communication, operation control and orientation, (
3. 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, (
4. 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, (
5. 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, (
6. f)when the product uses visual elements, it shall provide for flexible ways

improving vision clarity, (g) when the product uses audio, it shall provide for user control

volume and speed, and enhanced audio features including audio clarity and the reduction

interfering audio signals from surrounding products, (

1. 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, (
2. i)the product shall – (
3. i)avoid modes

operation requiring extensive reach and great strength, (

1. ii)avoid triggering photosensitive seizures, (iii) protect the user’s privacy when he or she uses the accessibility features, (
2. iv)provide an alternative to biometrics identification and control, (
3. v)ensure the consistency

the functionality, and provide enough, and flexible amounts

, time for interaction, (vi) provide software and hardware for interfacing with the assistive technologies, and (vii) in the case

each

the following products, comply with the following sector-specific requirements: (I) self-service terminals shall – (A) provide for text-to-speech technology, (B) allow for the use

personal headsets, (C) where a timed response is required, alert the user via more than one sensory channel, (D) give the possibility to extend the time given, (E) have an adequate contrast and tactilely discernible keys and controls when keys and controls are available, (F) not require an accessibility feature to be activated in order to enable a user who needs the feature to turn it on, and (G) when the product uses audio or audible signals, 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

electronic communications services shall – (A) when such products have text capability in addition to voice, provide for the handling

real time text and support high fidelity audio, (B) when such products have video capabilities in addition to or in combination with text and voice, provide for the handling

total conversation including synchronised voice, real time text, and video with a resolution enabling sign language communication, (C) ensure effective wireless coupling to hearing technologies, and (D) 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

the product and its compatibility with assistive technologies, in accessible modes

communication. Part 2 Accessibility requirements related to products in Regulation 3

Part 1

, the packaging and instructions

products covered by this Part shall be made accessible, in order to maximise their foreseeable use by persons with disabilities, as follows: (a) the packaging

the product including the information provided in it (e.g. about opening, closing, use, disposal), including, when provided, information about the accessibility characteristics

the product, shall – (

1. i)be made accessible, and (
2. ii)when feasible, provide that information on the package; (
3. b)the instructions for the installation and maintenance, storage and disposal

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: (

1. i)be available via more than one sensory channel; (
2. ii)be presented in an understandable way; (iii) be presented to users in ways they can perceive; (
3. iv)be presented in fonts

adequate size and suitable shape, taking into account foreseeable conditions

use, and using sufficient contrast, as well as adjustable spacing between letters, lines and paragraphs; (v) content

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; (vi) instructions containing any non-textual content shall be accompanied by an alternative presentation

that content. Part 3 General accessibility requirements related to all services covered by these Regulations in accordance with Regulation 3

services in order to maximise their foreseeable use by persons with disabilities, shall be achieved by – (a) ensuring the accessibility

the products used in the provision

the service, in accordance with Part 1 and, where applicable, Part 2, (b) providing information, in the following manner, about the functioning

the service, and where products are used in the provision

the service, its link to these products as well as information about their accessibility characteristics and interoperability with assistive devices and facilities: (

1. i)making the information available via more than one sensory channel; (
2. ii)presenting the information in an understandable way; (iii) presenting the information to users in ways they can perceive; (
3. 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; (
4. v)presenting in fonts

adequate size and suitable shape, taking into account foreseeable conditions

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

that content; (vii) providing electronic information needed in the provision

the service in a consistent and adequate way by making it perceivable, operable, understandable and robust; (

1. 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, and (
2. d)where available, support services (help desks, call centres, technical support, relay services and training services) providing information on the accessibility

the service and its compatibility with assistive technologies, in accessible modes

communication. Part 4 Additional accessibility requirements related to specific services The provision

the following 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

the service targeted to address the needs

persons with disabilities and ensure interoperability with assistive technologies as follows: (a) in relation to electronic communications services, including emergency communications referred to in Article 109

Directive (EU) 2018/1972

the European Parliament and

the Council

11 December 201826 – (

1. i)providing real time text in addition to voice communication, (
2. ii)providing total conversation where video is provided in addition to voice communication, and (iii) ensuring that emergency communications using voice, text (including real time text) is synchronised and where video is provided is also synchronised as total conversation and is transmitted by the electronic communications service providers to the most appropriate PSAP; (
3. b)in relation to services providing access to audiovisual media services – (
4. i)providing electronic programme guides (EPGs) which are perceivable, operable, understandable and robust and provide information about the availability

accessibility, and (ii) ensuring that the accessibility components (access services)

the audiovisual media services such as subtitles for the deaf and hard

hearing, audio description, 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

their display and use; (c) in relation to air, bus, rail and waterborne passenger transport services except for urban and suburban transport services and regional transport services, ensuring the provision

information – (i) on the accessibility

vehicles, the surrounding infrastructure and the built environment and on assistance for persons with disabilities, and (ii) about smart ticketing (electronic reservation, booking

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

stations, lifts that are out

order or services that are temporarily unavailable); (d) in relation to urban and suburban transport services and regional transport services, ensuring the accessibility

self-service terminals used in the provision

the service in accordance with Part 1; (

1. e)in relation to consumer banking services – (
2. i)providing identification methods, electronic signatures, security, and payment services which are perceivable, operable, understandable and robust, and (
3. ii)ensuring that the information is understandable, without exceeding a level

complexity superior to level B2 (upper intermediate)

the Council

Europe’s Common European Framework

Reference for Languages. (

1. f)in relation to e-books – (
2. i)ensuring that, when an e-book contains audio in addition to text, it then provides synchronised text and audio, (
3. ii)ensuring that e-book digital files do not prevent assistive technology from operating properly, (iii) ensuring access to the content, the navigation

the file content and layout including dynamic layout, the provision

the structure, flexibility and choice in the presentation

the content, (iv) allowing alternative renditions

the content and its interoperability with a variety

assistive technologies, in such a way that it is perceivable, understandable, operable and robust, (

1. v)making them discoverable by providing information through metadata about their accessibility features, and (
2. vi)ensuring that digital rights management measures do not block accessibility features; (
3. g)in relation to e-commerce services – (
4. i)providing the information concerning accessibility

the products and services being sold when this information is provided by the responsible economic operator, (ii) ensuring the accessibility

the functionality for identification, security and payment when delivered as part

a service instead

a product by making it perceivable, operable, understandable and robust, and (iii) providing identification methods, electronic signatures, and payment services which are perceivable, operable, understandable and robust. Part 5 Specific accessibility requirements related to the answering

emergency communications to the single European emergency number ‘112’ by the most appropriate PSAP 1. In order to maximise their foreseeable use by persons with disabilities, the answering

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

persons with disabilities. 2. Emergency communications to the single European emergency number ‘112’ shall be appropriately answered, in the manner best suited to the national organisation

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. Part 6 Accessibility requirements for features, elements or functions

products and services in accordance with Regulation 25

products and services requires the following: 1. In relation to products – (a) that the accessibility

the information concerning the functioning and accessibility features related to products complies with the corresponding elements specified in paragraph 1

Part 1

, namely information on the use

the product provided on the product itself and the instructions for use

a product, not provided in the product itself but made available through the use

the product or other means such as a website, (b) that the accessibility

features, elements and functions

the user interface and the functionality design

products complies with the corresponding accessibility requirements

such user interface or functionality design specified in paragraph 2

Part 1

, and (c) that the accessibility

the packaging, including the information provided in it and instructions for the installation and maintenance, storage and disposal

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 specified in Part 2. 2. In relation to services, that the accessibility

the features, elements and functions

services complies with the corresponding accessibility requirements for those features, elements and functions specified in the services-related Parts

this Schedule. Part 7 Functional performance criteria 1. In order to maximise the foreseeable use by persons with disabilities, when the accessibility requirements specified in Parts 1 to 6 do not address one or more functions

the design and production

products or the provision

services, those functions or means shall be accessible by complying with the related functional performance criteria specified in subparagraphs (a) to (k)

paragraph

2. 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

the relevant functional performance criteria complies with the accessibility requirements and it determines that the design and production

products and the provision

services results in equivalent or increased accessibility for the foreseeable use by persons with disabilities. 3. The functional performance criteria referred to in paragraphs 1 and 2 are the following: (a) usage without vision: where the product or service provides visual modes

operation, it shall provide at least one mode

operation that does not require vision; (b) usage with limited vision: where the product or service provides visual modes

operation, it shall provide at least one mode

operation that enables users to operate the product with limited vision; (c) usage without perception

colour: where the product or service provides visual modes

operation, it shall provide at least one mode

operation that does not require user perception

colour; (d) usage without hearing: where the product or service provides auditory modes

operation, it shall provide at least one mode

operation that does not require hearing; (e) usage with limited hearin