Law on Accessibility Requirements for Products and Services

LAW on the Accessibility Requirements for Products and Services Pub. - State Gazette, No. 31 of 11.04.2025, effective from 28.06.2025

Chapter One GENERAL PROVISIONS

Art. 1. This Law regulates:

1. the accessibility requirements for products and services;
2. the procedure for assessing the conformity of products with accessibility requirements;
3. the obligations of economic operators who place products on the market or provide services;
4. the supervision of products placed on the market and/or put into service;
5. the control of the conformity of provided services with accessibility requirements.

Art. 2. (1) This Law applies to the following products:

1. general-purpose consumer computer hardware systems and computer operating systems for these hardware systems;
2. the following self-service terminals: a) payment terminals; b) ATM terminal devices intended for providing services under para. 2; c) ticket vending machines intended for providing services under para. 2; d) passenger check-in machines intended for providing services under para. 2; e) interactive self-service terminals providing information and intended for providing services under para. 2, excluding terminals installed as an integral part of vehicles, aircraft, ships, or rolling stock;
3. consumer end equipment with interactive computer processing capabilities used for electronic communications services;
4. consumer end equipment with interactive computer processing capabilities used for access to audio-visual media services;
5. e-readers.

(2) This Law applies to the following services:

1. electronic communications services, excluding transmission services used for providing machine-to-machine services;
2. services providing access to audio-visual media services;
3. the following elements of services for air, bus, and rail passenger transport and water passenger transport, excluding urban, suburban, and regional transport services: a) websites; b) mobile-based services, including mobile applications; c) electronic tickets and electronic ticketing services; d) provision of information on transport services, including real-time travel information; with regard to information screens, this is limited to interactive screens located within the territory of the European Union; e) interactive self-service terminals located within the territory of the European Union, excluding those installed as an integral part of vehicles, aircraft, ships, or rolling stock used for providing any part of these passenger transport services;
4. urban, suburban, and regional transport services with regard to interactive self-service terminals located within the territory of the European Union, excluding those installed as an integral part of vehicles, aircraft, ships, or rolling stock used for providing any part of these passenger transport services;
5. consumer banking services;
6. e-books and specialized software;
7. e-commerce services.

(3) This Law does not apply to the following content of websites and mobile applications:

1. pre-recorded media content with a defined duration, published before 28 June 2025;
2. file formats for office documents, published before 28 June 2025;
3. online maps and cartographic services, if the main information is presented in an accessible digital format for maps intended for navigation use;
4. third-party content that is not funded, developed, or under the control of the respective economic operator;
5. content of websites and mobile applications meeting archive requirements, meaning they only contain content that is not updated or edited after 28 June 2025.

(4) This Law applies without prejudice to the provisions of:

1. Regulation (EU) 2017/1563 of the European Parliament and of the Council of 13 September 2017 on cross-border exchange between the Union and third countries of copies in accessible format of certain works and other subject matter protected by copyright and related rights, in favour of blind people, persons with impaired vision, or other persons who cannot read printed materials (OJ, L 242/1 of 20 September 2017);
2. The Copyright and Neighbouring Rights Act, which implements Directive (EU) 2017/1564 of the European Parliament and of the Council of 13 September 2017 on certain permitted uses of certain works and other subject matter protected by copyright and related rights, in favour of blind people, persons with impaired vision, or other persons who cannot read printed materials, and amending Directive 2001/29/EC on the harmonisation of certain aspects of copyright and related rights in the information society (OJ, L 242/6 of 20 September 2017).

Art. 3. (1) The accessibility requirements for products and services apply only insofar as their compliance:

1. does not require a significant modification of a product or service, which leads to a fundamental alteration of the essence of the product or service, or
2. does not lead to a disproportionate burden for the respective economic operators.

(2) Economic operators invoking the exemption under para. 1 conduct an assessment of whether compliance with the accessibility requirements for products or services would lead to a fundamental alteration or impose a disproportionate burden. The assessment of disproportionate burden is carried out based on the relevant criteria defined in Annex No. 1 and in the delegated acts adopted by the European Commission pursuant to Article 14(7) of Directive (EU) 2019/882 of the European Parliament and of the Council of 17 April 2019 on the accessibility requirements for products and services (OJ, L 151/70 of 7 June 2019), hereinafter referred to as "Directive (EU) 2019/882".

(3) Economic operators document the assessment under para. 2 and retain all relevant results for a period of 5 years, calculated from the last placing on the market of a product or the last provision of a service. Upon request by market surveillance authorities or authorities responsible for controlling the conformity of services, economic operators provide them with a copy of the assessment under para. 2.

(4) Micro-enterprises dealing with products are exempt from the requirement to document their assessment under para. 2. Upon request by a market surveillance authority, micro-enterprises dealing with products provide that authority with the facts relating to the assessment under para. 2.

(5) Service providers applying the exemptions under para. 1, item 2, update their assessment of the existence of a disproportionate burden with regard to each category or type of service:

1. upon a change in the service offered, or
2. upon request by the authorities responsible for controlling the conformity of services, and
3. in any case, at least every 5 years.

(6) When economic operators, excluding micro-enterprises, apply the exemptions under para. 1 for a specific product or service, they send information regarding this to the relevant market surveillance authorities or authorities responsible for controlling the conformity of services in the Member State where the specific product is placed on the market or where the specific service is provided.

(7) The exemptions under para. 1, item 2 do not apply when economic operators receive funding from public or private sources other than their own funds, which funding is provided for the purpose of improving the accessibility of the relevant products or services.

Chapter Two ACCESSIBILITY OF PRODUCTS

Section I Accessibility Requirements and Free Movement of Products

Art. 4. (1) Unless exemptions apply pursuant to Art. 3, products, excluding self-service terminals, are placed on the market only when they comply with the accessibility requirements set out in Annex No. 2, Sections I and II, taking into account the criteria regarding functional parameters in Section VI of the same Annex.

(2) Unless exemptions apply pursuant to Art. 3, self-service terminals are placed on the market only when they comply with the accessibility requirements set out in Annex No. 2, Section I, taking into account the criteria regarding functional parameters in Section VI of the same Annex.

Art. 5. The placing on the market of products that are in conformity with this Law shall not be prohibited, restricted, or impeded on grounds related to accessibility requirements.

Section II Conformity of Products

Art. 6. (1) A product that complies 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 comply with the accessibility requirements under Art. 4 covered by those standards or parts thereof.

(2) A product that complies with technical specifications or parts thereof, which have been adopted pursuant to Article 15(3) of Directive (EU) 2019/882, shall be presumed to comply with the accessibility requirements under Art. 4 covered by those technical specifications or parts thereof.

Art. 7. The assessment of conformity of products with the accessibility requirements under Art. 4 is carried out in accordance with the conformity assessment procedure defined in Annex No. 3.

Art. 8. (1) For products whose conformity with the accessibility requirements under Art. 4 has been assessed in accordance with the conformity assessment procedure defined in Annex No. 3, an EU Declaration of Conformity shall be drawn up.

(2) The EU Declaration of Conformity confirms that the implementation of the accessibility requirements under Art. 4 has been demonstrated. When exemptions under Art. 3 are applied, the EU Declaration of Conformity specifies which accessibility requirements are subject to exemption.

(3) The EU Declaration of Conformity is drawn up according to the model defined in Annex No. 4 and is updated upon changes in the data of the economic operator, standards, technical specifications, or other circumstances related to the declared conformity.

(4) The EU Declaration of Conformity is translated into the language determined by the respective Member State on whose territory the product is placed or made available on the market. When the product is placed or made available on the market in the territory of the Republic of Bulgaria and the EU Declaration of Conformity is not drawn up in Bulgarian, it is translated into Bulgarian.

(5) When the applicable acts of European Union legislation for harmonisation requiring an EU Declaration of Conformity for a given product are more than one, only one EU Declaration of Conformity shall be drawn up, specifying the relevant acts and the data on their publication in the Official Journal of the European Union.

(6) The requirement under para. 5 may be fulfilled by drawing up a file from the individual EU Declarations of Conformity required by all applicable acts of European Union legislation for harmonisation for the product.

Art. 9. By drawing up the EU Declaration of Conformity, the manufacturer assumes responsibility for the conformity of the product with the requirements of the Law.

Art. 10. (1) The conformity of a product with the accessibility requirements under Art. 4 is evidenced by the affixing of the "CE" marking.

(2) The basic principles established in Article 30 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 market surveillance relating to the marketing of products and repealing Regulation (EEC) No 339/93 (OJ, L 218/30 of 13 August 2008), hereinafter referred to as "Regulation (EC) No 765/2008", apply to the "CE" marking.

(3) The "CE" marking is affixed to the product or to its data plate in such a manner that it is visible, legible, and indelible. When this is not possible or cannot be ensured due to the nature of the product, it is affixed to the packaging and accompanying documents.

(4) The "CE" marking is affixed before the product is placed on the market.

Section III Obligations of Economic Operators with regard to Products

Art. 11. (1) When placing a product on the market, the manufacturer ensures that it is designed and manufactured in compliance with the applicable accessibility requirements under Art. 4.

(2) The manufacturer draws up the technical documentation in accordance with Annex No. 3 and conducts or ensures the conduct of the conformity assessment procedure referred to in the same Annex.

(3) When the conformity of the product with the applicable accessibility requirements is demonstrated through the application of the procedure under para. 2, the manufacturer draws up the EU Declaration of Conformity pursuant to Art. 8 and affixes the "CE" marking pursuant to Art. 10.

(4) The manufacturer retains the technical documentation and the EU Declaration of Conformity for a period of 5 years after the product is placed on the market.

Art. 12. (1) The manufacturer applies procedures to ensure that, in series production, products remain in compliance with the applicable requirements.

(2) In fulfilling the requirement under para. 1, the manufacturer takes into account changes in the design or characteristics of the product and changes in the harmonised standards or technical specifications under Art. 6, by which the conformity of the product was declared.

Art. 13. (1) The manufacturer ensures that each product bears a type, batch, or serial number or other element allowing the identification of the product.

(2) The manufacturer affixes its name and registered trade name or registered trade mark and postal address on the product, where contact can be established. The address indicates a single place where the manufacturer can be found and is presented in a manner understandable to end-users and market surveillance authorities.

(3) When the size or nature of the product does not allow the information under para. 1 or 2 to be affixed to it, it is provided on the packaging or in a document accompanying the product.

Art. 14. The manufacturer ensures that the product is accompanied by instructions and safety information in Bulgarian. These instructions and information, as well as all labels, must be clear, understandable, and meaningful.

Art. 15. (1) When the manufacturer considers or has reason to consider that a product which has been placed on the market does not comply with the requirements of this Law, it shall immediately take the necessary corrective actions to bring the product into compliance or to withdraw it.

(2) In the cases under para. 1, when the product does not meet the applicable accessibility requirements under Art. 4, the manufacturer immediately informs the market surveillance authorities under this Law and the competent authorities of the Member States in which such products have been placed on the market, providing detailed information, particularly regarding the non-compliance of the product with the applicable requirements and the corrective actions taken.

(3) The manufacturer keeps a register of products that do not meet the applicable accessibility requirements under Art. 4 and of the corresponding complaints.

Art. 16. (1) Upon reasoned request from the market surveillance authorities under this Law or from a competent authority of another Member State, the manufacturer provides all information and documentation necessary to demonstrate the conformity of the product. This information and documentation are provided to the market surveillance authorities under this Law on paper or electronic media in Bulgarian or in a language available, provided it is understandable to these authorities.

(2) For the purposes of administrative and/or administrative-criminal proceedings, the manufacturer provides the information and documentation under para. 1 to the market surveillance authorities under this Law in Bulgarian within a period determined by them.

(3) At the request of an authority under para. 1, the manufacturer assists in any action taken to remedy the non-compliance with the applicable accessibility requirements of the products which it has placed on the market.

Art. 17. (1) The manufacturer may appoint a representative in writing.

(2) The authorised representative performs the tasks defined by the manufacturer in the power of attorney.

(3) The manufacturer does not include in the power of attorney of the authorised representative the obligations under Art. 11(1) and the obligation to draw up technical documentation under Art. 11(2).

(4) The manufacturer includes in the power of attorney of the authorised representative at least the following:

1. to keep the technical documentation and the EU Declaration of Conformity available to the market surveillance authorities for a period of 5 years after the product is placed on the market;
2. upon reasoned request from the market surveillance authorities under this Law or from a competent authority of another Member State, to provide these authorities with all information and documentation necessary to demonstrate the conformity of the product;
3. at the request of the market surveillance authorities under this Law or of a competent authority of another Member State, to assist in any action taken to remedy the non-compliance with the applicable accessibility requirements of the products falling within the scope of the power of attorney.

Art. 18. The importer places products on the market only when they comply with the requirements of this Law.

Art. 19. (1) Before placing a product on the market, the importer ensures that:

1. the manufacturer has drawn up the technical documentation in accordance with Annex No. 3 and has conducted the conformity assessment procedure referred to in the same Annex;
2. the "CE" marking is affixed;
3. the manufacturer has fulfilled its obligations under Art. 13;
4. the product is accompanied by the necessary documents.

(2) The importer ensures that the product is accompanied by instructions and safety information in Bulgarian.

Art. 20. (1) The importer affixes its name and registered trade name or registered trade mark and postal address on the product, where contact can be established. The address is presented in a manner understandable to end-users and market surveillance authorities.

(2) When the size or nature of the product does not allow the information under para. 1 to be affixed to it, it is provided on the packaging or in a document accompanying the product.

Art. 21. When the importer considers or has reason to consider that a product does not comply with the applicable accessibility requirements under Art. 4, it shall not place the product on the market until it has been brought into compliance, and shall inform the manufacturer and the market surveillance authorities thereof.

Art. 22. The importer ensures that, while responsible for a given product, the conditions of storage or transport do not jeopardise the conformity of the product with the applicable accessibility requirements under Art. 4.

Art. 23. (1) The importer keeps a copy of the EU Declaration of Conformity available to the market surveillance authorities for a period of 5 years after the product is placed on the market.

(2) For a period of 5 years after the product is placed on the market, the importer ensures that the technical documentation can be provided to the market surveillance authorities upon request.

Art. 24. (1) When the importer considers or has reason to consider that a product which has been placed on the market does not comply with the requirements of this Law, it shall immediately, and as appropriate for the specific case, take the necessary corrective actions to bring the product into compliance or to withdraw it.

(2) In the cases under para. 1, when the product does not meet the applicable accessibility requirements under Art. 4, the importer immediately informs the market surveillance authorities under this Law and the competent authorities of the Member States in which such products have been placed on the market, providing detailed information, particularly regarding the non-compliance of the product with the applicable requirements and the corrective actions taken.

(3) The importer keeps a register of products that do not meet the applicable accessibility requirements under Art. 4 and of the corresponding complaints.

Art. 25. (1) Upon reasoned request from the market surveillance authorities under this Law or from a competent authority of another Member State, the importer provides all information and documentation necessary to demonstrate the conformity of the product. This information and documentation are provided to the market surveillance authorities under this Law on paper or electronic media, in Bulgarian or in a language available, provided it is understandable to these authorities.

(2) For the purposes of administrative and/or administrative-criminal proceedings, the importer provides the information and documentation under para. 1 to the market surveillance authorities under this Law in Bulgarian within a period determined by them.

(3) At the request of an authority under para. 1, the importer assists in any action taken to remedy the non-compliance with the applicable accessibility requirements of the products which it has placed on the market.

Art. 26. When placing a product on the market, the distributor acts with due diligence regarding the requirements of this Law.

Art. 27. Before making a product available on the market, the distributor ensures that:

1. the "CE" marking is affixed;
2. the product is accompanied by the necessary documents and by instructions and safety information in Bulgarian;
3. the manufacturer has fulfilled its obligations under Art. 13;
4. the importer has fulfilled its obligations under Art. 20.

Art. 28. When the distributor considers or has reason to consider that a product does not comply with the applicable accessibility requirements under Art. 4, it shall not make the product available on the market until it has been brought into compliance, and shall inform the manufacturer or importer, as well as the market surveillance authorities, thereof.

Art. 29. The distributor ensures that, while responsible for a given product, the conditions of storage or transport do not jeopardise the conformity of the product with the applicable accessibility requirements under Art. 4.

Art. 30. (1) When considering or having reason to consider that a product which it has made available on the market does not comply with the requirements of this Law, the distributor ensures that the necessary corrective actions are taken to bring the product into compliance or to withdraw it, as appropriate for the specific case.

(2) In the cases under para. 1, when the product does not meet the applicable accessibility requirements under Art. 4, the distributor immediately informs the market surveillance authorities under this Law and the competent authorities of the Member States in which it has made such products available on the market, providing detailed information, particularly regarding the non-compliance of the product with the applicable requirements and the corrective actions taken.

Art. 31. (1) Upon reasoned request from the market surveillance authorities under this Law or from a competent authority of another Member State, the distributor provides on paper or electronic media all information and documentation necessary to demonstrate the conformity of the product.

(2) At the request of an authority under para. 1, the distributor assists in any action taken to remedy the non-compliance with the applicable accessibility requirements of the products which it has made available on the market.