(1) Without prejudice to subsection (2), service providers may, until 27 June 2030, continue to provide their services using products that they lawfully used, before 28 June 2025, to provide these or similar services. Service contracts concluded before 28 June 2025 may continue unchanged until the expiry of the term for which they were entered into, but no later than 27 June 2030.
(2) Self-service terminals used by service providers before 28 June 2025 to provide services, in compliance with the statutory provisions then applicable, may continue to be used to provide comparable services until the end of their economic useful life, but for no longer than fifteen years after their being put into service.
Annex 1
(to Section 28) Monitoring of services
The following monitoring method neither adds new requirements to, nor replaces or takes precedence over, the requirements laid down in the statutory instrument to be issued under section 3(2). The method is independent of particular tests, accessibility assessment tools, operating systems, web browsers or specific assistive technologies. The monitoring method is accordingly to be applied in a technology-neutral manner and serves to verify the perceivability, operability, understandability and robustness of the services examined. a) The sample examines all procedural steps at least in the standard sequence a typical user would follow to obtain the service. Media discontinuities caused by non-digital steps are to be avoided. b) At least the following are assessed: interaction with forms and user-interface controls and dialogue boxes, confirmations of data entry, error messages and other feedback arising from interaction with the user, and the behaviour of the website or mobile application when different software or assistive technologies are used, under different settings or default settings. Elements such as documents or necessary external interaction steps relating to objects outside the user interface are likewise examined where these are necessary for successful completion of the interaction. c) Usability tests may be included where appropriate, for example observing and analysing how users with disabilities or with functional limitations perceive and understand the content of the website or mobile application when using different software or assistive technologies, and how difficult they find operating particular elements of the user interface, such as navigation menus or forms. 2. Sampling a) For the purposes of this number, "page" means a website or a screen within a mobile application. b) The following pages and documents, where they exist, are examined: aa) the home page, log-in page, site map, contact page, help pages and help functions, and pages with legal information; bb) at least one relevant page for each type of service provided by the website or mobile application not already covered under aa), and for each other main purpose, including the search function, not covered under aa); cc) the pages containing the information or particulars on accessibility under section 14(1) no. 2 in conjunction with Annex 3; dd) selected example pages with a substantially different appearance or different types of content; ee) at least one relevant downloadable document, where one exists, for each type of service provided by the website or mobile application, and for each other main purpose; ff) other pages regarded as relevant by the market surveillance authority; gg) further, randomly selected pages and documents, where they exist, in an amount of at least 10 per cent of the sample determined under aa) to ff). c) Where one of the pages in the sample selected under letter b) contains a step in a procedure, all procedural steps are examined in accordance with no. 1(a).
Annex 2
(to Sections 6, 9, 18 and 19) Conformity assessment procedure for products
The conformity assessment procedure is an internal production control by which the manufacturer fulfils the obligations set out in points 1, 2 and 3 of this Annex, and ensures and declares, on its own responsibility, that the products concerned satisfy the relevant requirements of this Act. 1. Technical documentation The manufacturer draws up the technical documentation. The technical documentation must make it possible to assess the product's conformity with the accessibility requirements of the statutory instrument to be issued under section 3(2) and, where the manufacturer has relied on section 16 or section 17, to demonstrate that compliance with those accessibility requirements would constitute a fundamental alteration or a disproportionate burden. The technical documentation must set out only the applicable requirements and cover, insofar as relevant for the assessment, the design, manufacture and operation of the product. 2. The technical documentation must, where applicable, contain at least the following elements: a) a general description of the product; b) a list of the harmonised standards and technical specifications the references of which have been published in the Official Journal of the European Union and that have been applied, in whole or in part, and a description of the solutions adopted to meet the accessibility requirements of the statutory instrument to be issued under section 3(2) where those harmonised standards or technical specifications have not been applied; where harmonised standards or technical specifications have been applied only in part, the parts applied are to be indicated in the technical documentation. 3. Manufacture The manufacturer takes all measures necessary to ensure that the manufacturing process and its monitoring ensure the conformity of the products with the technical documentation referred to in point 2 of this Annex and with the accessibility requirements of this Act. 4. CE marking and EU declaration of conformity a) The manufacturer affixes the CE marking provided for in this Act to each individual product that meets the applicable requirements of this Act. b) The manufacturer draws up a written or electronic EU declaration of conformity for a product model. The EU declaration of conformity must identify the product for which it has been drawn up. A copy of the EU declaration of conformity is made available to the competent authorities on request. 5. Authorised representative The manufacturer's obligations set out in point 4 may be fulfilled by its authorised representative, on its behalf and under its responsibility, provided that they are specified in the mandate.
Annex 3
(to Sections 14 and 28) Information on services that meet the accessibility requirements
1. The service provider must, in its general terms and conditions or by some other clearly perceivable means, state in respect of its service within the meaning of section 1(3) how it meets the accessibility requirements of the statutory instrument to be issued under section 3(2). This information includes a description of the applicable requirements and, insofar as relevant for the assessment, covers the design and operation of the service. In addition to the consumer-information requirements under Article 246 of the Introductory Act to the Civil Code, the information must, where applicable, contain at least the following elements: a) a general description of the service in an accessible format; b) descriptions and explanations necessary to understand the operation of the service; c) a description of how the service meets the relevant accessibility requirements set out in the statutory instrument to be issued under section 3(2); d) the name of the competent market surveillance authority. 2. To meet the requirements under point 1 of this Annex, the service provider may apply, in whole or in part, the harmonised standards and technical specifications the references of which have been published in the Official Journal of the European Union.
Annex 4
(to Sections 17, 21 and 28) Criteria for assessing disproportionate burden
The criteria for the assessment, and for documenting the assessment, are: 1. the ratio of the net costs of compliance with the accessibility requirements to the overall costs (operating and capital expenditure) of manufacturing, distributing or importing the product, or of providing the service, for the economic operators; criteria for assessing the net costs of compliance with the accessibility requirements: a) criteria relating to one-off organisational costs to be included in the assessment: aa) costs relating to additional personnel with accessibility expertise; bb) costs relating to the training of personnel and acquisition of accessibility skills; cc) costs of developing a new process for the incorporation of accessibility in product development or service provision; dd) costs relating to developing guidance material on accessibility; ee) one-off costs of understanding accessibility legislation; b) criteria relating to ongoing production and development costs to be included in the assessment: aa) costs relating to the design and development of accessibility features of the product or the service; bb) costs relating to the production process; cc) costs relating to testing the product or the service for accessibility; dd) costs relating to drawing up documentation. 2. The estimated costs and benefits for the economic operators, including production processes and investments, in relation to the estimated benefit for persons with disabilities, taking into account the number and frequency of uses of the specific product or service. 3. The ratio of the net cost of compliance with the accessibility requirements to the economic operator's net turnover. Criteria for assessing the net costs of compliance with the accessibility requirements: a) criteria relating to one-off organisational costs to be included in the assessment: aa) costs relating to additional personnel with accessibility expertise; bb) costs relating to the training of personnel and acquisition of accessibility skills; cc) costs of developing a new process for the incorporation of accessibility in product development or service provision; dd) costs relating to developing guidance material on accessibility; ee) one-off costs of understanding accessibility legislation; b) criteria relating to ongoing production and development costs to be included in the assessment: aa) costs relating to the design and development of accessibility features of the product or the service; bb) costs relating to the production process; cc) costs relating to testing the product or the service for accessibility; dd) costs relating to drawing up documentation.