Disproportionate burden, authorisation to issue statutory instruments

(1) The accessibility requirements of the statutory instrument to be issued under section 3(2) apply only insofar as compliance with them would not impose a disproportionate burden, under Annex 4, on the economic operator concerned. The economic operator must carry out a corresponding assessment.
(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 after 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. The first and second sentences do not apply to microenterprises dealing with products. Microenterprises dealing with products that rely on subsection (1), first sentence must, however, upon request, provide the authority with the facts relevant for the assessment under subsection (1), second sentence.
(3) A service provider that relies on subsection (1), first sentence must carry out its assessment under subsection (1), second sentence for each category or type of service at least every five years. The assessment under the first sentence must in each case be carried out where 1. the service offered is changed, or 2. the service provider is requested to do so by the authority responsible for reviewing the service's conformity.
(4) An economic operator that receives public or private funds, other than its own, for the purpose of improving accessibility is not entitled to rely on subsection (1), first sentence.
(5) Where the economic operator relies on subsection (1), first sentence for a particular product or service, it must immediately inform of this the competent market surveillance authority, or the authority responsible in the Member State for reviewing the conformity of services, in which the product concerned is placed on the market or the service concerned is offered or provided. The first sentence does not apply to microenterprises.
(6) The Federal Ministry of Labour and Social Affairs is authorised, by statutory instrument requiring the consent of the Bundesrat and in agreement with the Federal Ministry of Finance and the Federal Ministry for Economic Affairs and Energy, to specify and supplement the criteria set out in Annex 4 that the economic operator must take into account in the assessment under subsection (1).