Declaration of non-compliance

Through an internal assessment.

This involves comparing the characteristics of the product or service with the legal requirements. If any deficiencies are identified, a declaration of non-compliance must be issued.

OSAPS provides a roadmap to facilitate this assessment. This automatically generates a list of non-conformities and a plan of corrective measures that you can attach to the declaration.

The use of the roadmap is voluntary. You can, of course, create and submit your own documents.

No.

During the transition period, you are not required to report non-compliance. This period is expressly intended to give you the opportunity to bring your product or service into compliance.

However, if the product or service is still non-compliant after this period has expired, a declaration must be made – and this will most likely result in an inspection by the competent authority.

Yes.

The information about an exemption implies that you have identified a non-compliance. This must therefore be reported.

Simply state in the declaration that you have submitted an exemption for the same product or service.

No, that is not necessary.

You can submit a declaration without authentication directly on Guichet.lu.

However, with a professional MyGuichet account, the forms are automatically pre-filled, which saves a considerable amount of time if you have to submit several declarations.

Important: OSAPS only accepts declarations of non-compliance submitted via Guichet.lu or MyGuichet.lu.

You must first carry out an internal assessment of your product or service.

It is not sufficient to simply state that a product or service is non-compliant – you must list the deficiencies identified in relation to the legal requirements point by point.

In addition, you must:

• create a register of non-compliances,
• draw up a plan of corrective measures.

You may be contacted.

OSAPS will check whether the information provided is sufficient to assess the situation of your product or service and, in particular, whether your plan of corrective measures is clear, realistic and includes reasonable deadlines.

If this is the case, OSAPS will assume that you are fulfilling your responsibilities and implementing the necessary measures. You will only be contacted if an external report of non-compliance is forwarded to the authority.

If this is not the case, OSAPS still may contact you to request additional information or to set further measures or deadlines.

In principle, yes.

The law specifies that any change to the product or service in relation to its accessibility must be notified to OSAPS.

However, OSAPS assumes that you will implement your corrective action plan independently and within the specified time frame. It is therefore not necessary to inform it of each step or interim update.

You must notify OSAPS if:

• you are unable to comply with the action plan (deadlines or actions),
• you withdraw the product or service from the market.

No.

You only need to submit a one-time declaration for each product or service.