S.L. 627.3 Art. 14Fundamental alteration and disproportionate burden.

(1) The accessibility requirements referred to in regulation 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 regulation 4 would introduce a fundamental alteration or, based on the relevant criteria set out in Annex VI to these regulations, impose a disproportionate burden, as provided for in sub-regulation (1).

(3) Economic operators shall document the assessment referred to in sub-regulation (2). Economic operators shall keep all relevant results for a period of five (5) 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 authority or from competent national 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 sub-regulation (2).

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

(5) Service providers relying on paragraph (b) of sub-regulation (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) in any event, at least every five (5) years.

(6) Where economic operators receive funding from other sources than the economic operator’s own resources, whether public or private, that is provided for the purpose of improving accessibility, they shall not be entitled to rely on paragraph (b) of sub-regulation (1).

(7) Where economic operators rely on sub-regulation (1) for a specific product or service they shall send information to that effect to the market surveillance authority, or relevant competent authorities responsible for checking the compliance of services of the Member State where the specific product is placed on the market or the specific service is provided:

Provided that sub-regulation (1) shall not apply to microenterprises.