ACCESSIBILITY, Article 14, EU

1. The accessibility requirements referred to in Article 4 shall apply only to the extent that compliance:

(a)

does not require a significant change in a product or service that results in the fundamental alteration of its basic nature; and

(b)

does not result in the imposition of a disproportionate burden on the economic operators concerned.

2. Economic operators shall carry out an assessment of whether compliance with the accessibility requirements referred to in Article 4 would introduce a fundamental alteration or, based on the relevant criteria set out in Annex VI, impose a disproportionate burden, as provided for in paragraph 1 of this Article.

3. Economic operators shall document the assessment referred to in paragraph 2. Economic operators shall keep all relevant results for a period of five years to be calculated from the last making available of a product on the market or after a service was last provided, as applicable. Upon a request from the market surveillance authorities or from the authorities responsible for checking compliance of services, as applicable, the economic operators shall provide the authorities with a copy of the assessment referred to in paragraph 2.

4. By way of derogation from paragraph 3, microenterprises dealing with products shall be exempted from the requirement to document their assessment. However, if a market surveillance authority so requests, microenterprises dealing with products and which have chosen to rely on paragraph 1 shall provide the authority with the facts relevant to the assessment referred to in paragraph 2.

5. Service providers relying on point (b) of paragraph 1 shall, with regard to each category or type of service, renew their assessment of whether the burden is disproportionate:

(a)

when the service offered is altered; or

(b)

when requested to do so by the authorities responsible for checking compliance of services; and

(c)

Official source

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