In its first part, the draft Law on Accessibility Requirements for Products and Services (“the Bill”) defines the types of goods (products) that fall within its scope, namely:

·         Hardware systems and software systems;

·         Payment terminals and ATMs;

·         Ticket vending machines;

·         Equipment used by consumers for electronic communications and audio-visual content;

·         E-readers.

In turn, the services covered by the Bill include:

·         Electronic communication services;

·         Services providing access to audio-visual media;

·         Services and products related to air, bus and rail transportation;

·         Urban, suburban and regional transport services;

·         Consumer banking services;

·         E-books and specialized software;

·         E-commerce services.

As a general rule, products under the Bill will only be allowed to be placed on the market in the country if they meet the so-called “accessibility requirements”, i.e. if they have certain technical and functional parameters, described in detail in a separate Enclosure No. 2 to the Bill, which allow their easier use, especially by people with disabilities. For example, information on the use of the product (labels, instructions, etc.) shall be provided through more than one sensory channel, in an understandable manner and in large print. 

A procedure for assessing conformity (whether the product meets the accessibility requirements) is also envisaged and, if the outcome of it is positive, a so-called “EU declaration of conformity” is issued for the product and it could be placed freely on the Community market.

In addition, a special “CE” marking is placed on the product itself to ensure its compliance with the law.  

It is the manufacturer's responsibility to ensure that an EU Declaration of Conformity is issued and that the “CE” marking is affixed to his products.

In addition, manufacturers must ensure other mandatory standards - for instance, that the product is marked with its serial number or other proper identifier; the placement of the name/brand of the trader and contact details on the product; ensuring that the product is accompanied by written instructions and safety information in Bulgarian. The manufacturer must repair or withdraw its products from the market if he finds out that they are in non-compliance with the accessibility requirements, and must inform the supervisory authorities.

The importers and distributors of goods are also responsible for the conformity of products, even if they did not manufacture them, due to the fact that they import/supply them in their commercial activities. In certain cases, importers and distributors are even equated with manufacturers for the purposes of the law and bear the same responsibility (for example, if they put their name or brand on the product or substantially change it). 

Similar guarantees and accessibility requirements are foreseen for services (with the exception that, given their intangible expression, there can be no “CE” marking and no joint liability of different entities is foreseen as long as the service is usually provided by one entity).

With regard to consumer banking services, credit institutions will be required to provide methods of customer identification, electronic signatures, security and payment services that are accessible to the senses, interoperable, understandable and reliable.

The information provided by credit institutions to their users must be understandable and in a language that does not exceed in complexity the so-called level B2 (independent proficiency level) of the Common European Framework of Reference for Languages of the Council of Europe.

Supervision of compliance of products with the accessibility requirements set out in the Bill will be carried out by the State Agency for Metrological and Technical Supervision through the market surveillance authorities. While the compliance of services with the requirements is supervised by 10 different national authorities depending on the type of service.

There are administrative penalties under the Act, which can reach BGN 50,000, in view of which manufacturers and traders of this type of goods and services must take careful measures to ensure their accessibility (quality) according to the set legal standards.