Question 1

What is S.I. No. 636/2023?

Accepted Answer

S.I. No. 636/2023 is the European Union (Accessibility Requirements of Products and Services) Regulations 2023, signed on 19 December 2023 by the Minister for Children, Equality, Disability, Integration and Youth under the European Communities Act 1972 (No. 27 of 1972). It transposes Directive (EU) 2019/882 (the European Accessibility Act) into Irish law and applies to economic operators placing covered products on the market, or providing covered services, on or after 28 June 2025. The full text is published on the Irish Statute Book.

Question 2

Who enforces S.I. No. 636/2023 in Ireland?

Accepted Answer

The Competition and Consumer Protection Commission (CCPC) is the lead competent authority designated by the Minister and is responsible for general market surveillance under the Regulations. Sector-specific oversight is exercised by ComReg for electronic communications services (including the 112 emergency caller location service), by the Central Bank of Ireland for consumer banking services, by the Commission for Aviation Regulation for air passenger services, and by the National Transport Authority (NTA) for surface transport services such as Real-Time Passenger Information. The National Disability Authority (NDA) acts as an advisory body under the Disability Act 2005 and hosts the Centre for Excellence in Universal Design (CEUD).

Question 3

What are the penalties under S.I. No. 636/2023?

Accepted Answer

On summary conviction the Regulations provide for a class A fine — currently a maximum of €5,000 — and/or imprisonment for a term not exceeding 12 months. On conviction on indictment the penalty is a fine of up to €60,000 and/or imprisonment for a term not exceeding 18 months. Competent authorities may also issue compliance notices, prohibit the placing on the market of non-conforming products, require recall and impose corrective measures. Penalties may be applied per breach and per economic operator (manufacturer, importer, distributor or service provider).

Question 4

Are microenterprises exempt from S.I. No. 636/2023?

Accepted Answer

Microenterprises providing covered services are exempt from the substantive accessibility requirements (the services-only derogation in Article 4(5) of Directive (EU) 2019/882, reflected in S.I. 636/2023). A microenterprise is defined as one with fewer than 10 employees AND either annual turnover not exceeding €2 million or an annual balance sheet total not exceeding €2 million. The derogation does not apply to microenterprises that place products on the market — those operators remain bound by the full product accessibility requirements. A microenterprise that relies on the derogation must, on request, demonstrate that it qualifies and notify the competent authority.

Question 5

Which products and services are covered by S.I. No. 636/2023?

Accepted Answer

The Regulations cover, among others: general-purpose consumer computer hardware and operating systems; self-service terminals (ATMs, ticketing machines, check-in kiosks, interactive payment terminals); consumer terminal equipment with interactive computing capability used for electronic communications services; consumer terminal equipment with interactive computing capability used for audiovisual media services; e-readers; e-commerce websites and mobile applications; consumer banking services; electronic communications services (including 112); the access components of air, rail, waterborne and bus passenger transport services; and access to audiovisual media services. The full list is set out in Regulation 3 and the Schedules to S.I. 636/2023, mirroring Article 2 and Annex I of Directive (EU) 2019/882.

Question 6

Does the public sector still come under S.I. No. 358/2020?

Accepted Answer

Yes. Public sector bodies' websites and mobile applications remain governed by the European Union (Accessibility of Websites and Mobile Applications of Public Sector Bodies) Regulations 2020 (S.I. No. 358/2020), which transposes Directive (EU) 2016/2102. S.I. 636/2023 does not displace S.I. 358/2020 — it sits alongside it, with the 2020 Regulations covering public bodies' digital channels and the 2023 Regulations covering private-sector products and services. Public bodies also remain subject to the Disability Act 2005 (sections 25–30 on ICT accessibility) and the Equal Status Acts 2000–2018. The NDA and the Department of Public Expenditure and Reform monitor compliance with S.I. 358/2020.

Question 7

How do I write an Accessibility Statement that aligns with both regulations?

Accepted Answer

An Irish Accessibility Statement should identify the economic operator (legal name, registered address, contact details), state the scope of the assessment (website, mobile application, product or service), declare the conformance level against EN 301 549 V3.2.1 (2021-03) and WCAG 2.1 Level AA (or the more recent 2.2 AA where applied), list non-accessible content with a justification (technical limitation, third-party content, or a documented disproportionate burden assessment), provide a feedback and contact mechanism, and identify the relevant enforcement authority — the CCPC for products and consumer-facing services under S.I. 636/2023, or the NDA / Department of Public Expenditure and Reform for public bodies under S.I. 358/2020. The statement must be published in an accessible format and reviewed at least annually.

Question 8

When can disproportionate burden be invoked under S.I. No. 636/2023?

Accepted Answer

Disproportionate burden may be relied on only where it is documented in line with the criteria in Annex VI of Directive (EU) 2019/882 (reproduced in S.I. 636/2023). The assessment must compare the cost of compliance with the operator's resources (turnover, organisation size), estimate the benefits to persons with disabilities, and consider the frequency and duration of use. The assessment must be retained for five years (Article 7(4) of the Directive) and reassessed at least every five years, when the service offering changes, or when the competent authority requests it. Microenterprises providing services are not required to keep formal documentation but must still be able to demonstrate, on request, why they qualify for the derogation. Disproportionate burden cannot be invoked where the operator receives external funding (public or private) for the purpose of improving accessibility.

Topic	S.I. No. 636/2023 (Ireland)	Directive (EU) 2019/882
Scope (covered products and services)		Article 2 + Annex I
Manufacturer obligations		Article 7
Importer obligations		Article 9
Distributor obligations		Article 10
Service-provider obligations		Article 13
Disproportionate burden		Article 14 + Annex VI
Conformity assessment		Article 15 + Annex IV
EU Declaration of Conformity		Article 16 + Annex V
CE marking		Articles 17 and 18
Market surveillance		Articles 19 to 22
Technical-file retention (5 years)		Article 7(4) — 5 years
Penalties (€5,000 summary / €60,000 indictment / max 18 months)		Article 30 (delegated to Member States)

Sector	Authority	Legal basis	Portal
Lead authority	CCPC (Competition and Consumer Protection Commission)	S.I. No. 636/2023, Reg. 4	www.ccpc.ie
Electronic communications and 112	ComReg	S.I. 636/2023 + Communications Regulation Acts 2002–2023	www.comreg.ie
Consumer banking services	Central Bank of Ireland	S.I. 636/2023 + Central Bank Acts	www.centralbank.ie
Air passenger services	Commission for Aviation Regulation	S.I. 636/2023 + Aviation Regulation Act 2001	www.aviationreg.ie
Surface transport	National Transport Authority (NTA)	S.I. 636/2023 + Public Transport Regulation Act 2009	www.nationaltransport.ie
Public-sector websites and apps	NDA / Department of Public Expenditure and Reform	S.I. No. 358/2020 (transposes Directive (EU) 2016/2102)	nda.ie

European Accessibility Act hub — S.I. No. 636/2023 (Ireland)

The Act in its own words

Frequently asked questions — S.I. No. 636/2023 (Ireland)

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