Fundamental alteration

(1) The accessibility requirements of the statutory instrument to be issued under section 3(2) apply only insofar as compliance with them does not require a significant change to a product or service that results in a fundamental alteration of its basic nature. The economic operator concerned must assess whether compliance with the accessibility requirements of the statutory instrument to be issued under section 3(2) would bring about a fundamental alteration of the basic nature of the product or service.
(2) The economic operator must document the assessment under subsection (1), second sentence, and keep that documentation for five years after the product was last made available on the market or the service was last provided. It must, on request, provide the market surveillance authority with a copy of the assessment referred to in subsection (1), second sentence.
(3) Where the economic operator relies on subsection (1), first sentence for a particular product or service, it must immediately inform of this the market surveillance authority and the market surveillance authorities of the Member States of the European Union in which the product is placed on the market or the service is offered or provided.
(4) Subsection (2), first sentence and subsection (3) do not apply to microenterprises dealing with products. Microenterprises dealing with products that rely on subsection (1), first sentence must, upon request, provide the authority with the facts relevant for the assessment under subsection (1), second sentence.