Accessibility, authorisation to issue statutory instruments

(1) Products that an economic operator makes available on the market, and services that it offers or provides, must be accessible. Products and services are accessible where they are perceivable, operable and understandable for persons with disabilities in the usual manner, without particular difficulty, and in principle without the assistance of another person. The specific accessibility requirements for products and services under this subsection are set out in the statutory instrument to be issued under subsection (2).
(2) The Federal Ministry of Labour and Social Affairs is authorised, in agreement with the Federal Ministry of Finance, the Federal Ministry of Health, the Federal Ministry for Economic Affairs and Energy, and the Federal Ministry of Transport and Digital Infrastructure, to regulate, by statutory instrument requiring the consent of the Bundesrat, specific accessibility requirements for products under section 1(2) and services under section 1(3), in accordance with the requirements of Annex I to Directive (EU) 2019/882 of the European Parliament and of the Council of 17 April 2019 on the accessibility requirements for products and services (OJ L 151, 7.6.2019, p. 70), in particular concerning 1. the design and manufacture of products, including their user interface, 2. the accessibility and design of the offering and performance of services, and 3. the manner in which information is provided, in particular for the use of products, such as labelling, instructions for use, safety information and the functioning of services, as well as the accessibility features and functions of products and services and the possible use of assistive technologies. A statutory instrument under the first sentence may also issue provisions specifying accessibility requirements within the meaning of Annex I to Directive (EU) 2019/882 that have been further specified by delegated acts of the European Commission under Article 4(9) of that Directive.
(3) Subsection (1) does not apply to microenterprises that offer or provide services. The Federal Ministry of Labour and Social Affairs shall, in agreement with the Federal Ministry for Economic Affairs and Energy, prepare guidelines for microenterprises to facilitate the application of this Act for them. The Federal Ministry of Labour and Social Affairs is entitled to make use of third parties for the purposes of preparing the guidelines under the second sentence.