Importers and distributors: what to check before selling a covered device in the EU
Placing a consumer electronic device on the EU market is not just a paperwork exercise. Since 28 June 2025, Member States have applied their national measures implementing the European Accessibility Act (EAA), Directive (EU) 2019/882, and products covered by it must meet the accessibility requirements in Annex I before they are offered to consumers. The Directive itself is Directive (EU) 2019/882 of the European Parliament and of the Council of 17 April 2019.
That includes importers bringing devices into the EU, resellers and marketplace sellers. Under Article 4, economic operators may only place on the market products that comply with the accessibility requirements set out in Annex I, Sections I and II (Section II does not apply to self-service terminals).
If you sell a device with an on-screen interface, you are usually dealing with two separate sets of duties: the product rules of the EAA for the hardware, and the service rules in Annex I, Sections III and IV, for the online shop that sells it. Our EAA guide for online shops covers the shop side. This article is about the physical product: what Articles 9 and 10 require before sale, and what to do when something looks wrong.
Which products are covered
Under Article 2(1), the EAA applies to consumer general purpose computer hardware systems and their operating systems, payment terminals, self-service terminals such as automated teller machines, ticketing machines, check-in machines and interactive information terminals, consumer terminal equipment used for electronic communications services, consumer terminal equipment used for accessing audiovisual media services, and e-readers.
These are products placed on the market after 28 June 2025. If your device is not on that list, the EAA product rules do not apply to it. Other EU rules may still apply, and the online shop that sells it may still be covered by the service rules, including the requirement in Annex I, Section III, point (c) that websites, online applications and mobile services be made accessible in a consistent and adequate way, perceivable, operable, understandable and robust.
One common confusion: the microenterprise exemption in Article 4(5) applies to microenterprises providing services. It is not a general exemption for anyone who sells devices.
Importers: what Article 9 requires
If you import a covered device, you cannot simply ship it in and list it. Under Article 9, before placing the product on the market, the importer must ensure that the manufacturer has:
- carried out the conformity assessment referred to in Annex IV;
- drawn up the technical documentation; and
- affixed the CE marking.
The importer must also keep a copy of the EU declaration of conformity at the disposal of the market surveillance authorities for 5 years.
In practice, that means asking the manufacturer for the documentation package before the first sale, not after a market surveillance authority asks. If the supplier cannot produce the declaration and the technical documentation, you do not yet have a compliant product to place on the market.
Distributors: what Article 10 requires
Distributors make a product available on the market already placed there. Under Article 10, before making the product available, the distributor must verify that it bears the CE marking and is accompanied by the required documents and by the instructions and safety information in a language easily understood by consumers.
That verification is your own check, on your own stock, before you list the item. A polished product page or a marketing claim about accessibility is not a substitute for it.
Article 10 also gives distributors a direct obligation on doubts: if they have reason to believe the product is not in conformity, they must not make it available until it has been brought into conformity.
CE marking check for accessibility products
Under Article 18, the CE marking must be affixed visibly, legibly and indelibly to the product or to its data plate. Where that is not possible, it goes on the packaging and the accompanying documents. It must be affixed before the product is placed on the market.
For an importer or distributor, the practical check list is short: CE marking present on the product or its data plate; EU declaration of conformity available; technical documentation available; manufacturer and importer contact details present, correct and complete. Under Article 22, a missing or incorrect declaration, incomplete technical documentation, absent or false contact details, and a CE marking that is missing or affixed in breach of the rules are all findings of formal non-compliance. If the non-compliance persists, the Member State must restrict or prohibit the product being made available, or ensure it is withdrawn.
Two cautions. First, the CE marking is the manufacturer's own declaration. It does not certify accessibility for you, and nobody issues an EAA document that certifies a product or a site: the Directive creates no such record, and no label or seal confirms that a service meets the accessibility requirements. Second, the reference standard matters. According to AccessibleEU, in a notice dated 7 September 2026, the current reference standard remains EN 301 549 v3.2.1 (2021), based on WCAG 2.1 Level AA, until the European Commission formally cites EN 301 549 v4.1.1 in the Official Journal of the European Union. Our WCAG 2.1 AA explainer sets out what that means in practice.
What to do when a product looks non-compliant
Article 11 closes a common loophole. An importer or distributor is considered a manufacturer, and takes on the manufacturer obligations of Article 7, where it places a product on the market under its own name or trademark, or modifies a product already placed on the market in a way that may affect compliance. Relabelling a device or changing its firmware can therefore move the full manufacturer burden onto you.
When you suspect a problem, the route is straightforward. Do not make the product available until it has been brought into conformity. Contact the manufacturer and ask for the missing or corrected documentation, or for a corrected product. If the issue cannot be resolved, remove the listing rather than leaving it live.
Then expect the oversight process. Under Article 20, when a market surveillance authority finds that a product does not comply, it must require the economic operator to take corrective action within a reasonable period. It may require withdrawal only if adequate corrective action was not taken within that period, and a provisional national measure is deemed justified if no Member State or the Commission objects within 3 months.
EAA penalties for non-compliance
The Directive fixes no fine amount. Under Article 30, each Member State lays down its own penalties. They must be effective, proportionate and dissuasive, must be accompanied by effective remedial action, and must take into account the extent and seriousness of the non-compliance, the number of non-complying units and the number of persons affected.
So if you read a specific penalty figure for EAA non-compliance, check which Member State's law it comes from and whether it is a statutory maximum or an actual decision. Our article on who is actually enforcing the EAA in 2026 is useful background on what enforcement has looked like in practice.
What to do now
- List every device you place on the market and check each against the Article 2(1) categories. If it is not covered, note why.
- For covered devices you import, collect the Annex IV conformity assessment, the technical documentation, the EU declaration of conformity and the CE marking evidence before the goods reach the EU.
- Store a copy of the EU declaration of conformity so you can produce it for 5 years.
- For every device you distribute, verify the CE marking on the product or data plate, the accompanying documents, and the instructions and safety information in a language easily understood by consumers in each market you sell into.
- Check your own branding, listings and firmware changes against Article 11, because they can make you the manufacturer in law.
- Put a written hold process in place: when a device looks non-compliant, it comes off sale until it is conforming.
- Remember that the online shop itself is a covered service, and check it separately against Annex I, Sections III and IV.
If you are unsure whether your device is covered, or who is the importer and who is the distributor in your arrangement, get that clarified in writing with your supplier before you sell.