Exceptions to Accessibility Requirements.

While the European Accessibility Act (EAA) establishes comprehensive accessibility requirements, it recognizes that certain exemptions and exceptions may be necessary. These exceptions ensure that the implementation of accessibility requirements remains practical, proportionate, and economically viable for businesses while still advancing overall accessibility.

The EAA provides for several specific exceptions to its accessibility requirements, each with specific criteria and documentation requirements to prevent misuse:

• Disproportionate burden exception
• Fundamental alteration exception
• Exemptions for microenterprises providing services
• Transitional periods for certain products and services

It's important to note that these exceptions are not blanket exemptions from all accessibility requirements. Each exception has specific conditions, applies to particular aspects of compliance, and requires proper assessment and documentation.

The EAA recognizes that some accessibility requirements might impose a disproportionate burden on economic operators. In such cases, operators can be exempted from meeting specific requirements, but only to the extent that:

• The burden would be disproportionate to the benefits for persons with disabilities
• The exemption applies only to the specific requirements creating the disproportionate burden, not all accessibility requirements
• A documented assessment has been conducted to demonstrate the disproportionate burden

Assessment Criteria.

When assessing whether compliance would impose a disproportionate burden, economic operators should consider:

• Cost-benefit ratio: The costs of compliance compared to the estimated benefit for persons with disabilities, considering the frequency and duration of use
• Organizational size and resources: The size, resources, and nature of the economic operator
• Economic impact: The estimated impact on the economic operator versus the estimated benefit for persons with disabilities
• Lifecycle considerations: For products with a long lifecycle, costs should be calculated over the operational lifetime

Detailed assessment criteria are outlined in Annex VI of the European Accessibility Act.

Accessibility requirements do not apply when they would require a fundamental alteration in the nature of a product or service. This exception recognizes that some accessibility features could fundamentally change a product's or service's basic character or purpose.

What Constitutes a Fundamental Alteration?

A fundamental alteration occurs when an accessibility requirement would:

• Significantly change the basic nature or purpose of the product or service
• Remove essential functionality that defines the product or service
• Create an entirely different product or service than what was intended

This exception must be applied narrowly and only to the specific requirements that would cause the fundamental alteration. Economic operators must still comply with all other applicable accessibility requirements.

Example: A visual art installation designed specifically as a visual experience might claim a fundamental alteration exception regarding making the core visual experience accessible to people who are blind. However, any digital information about the installation, ticketing systems, or physical space would still need to meet accessibility requirements.

The EAA provides specific exemptions for microenterprises that provide services. Microenterprises providing products are not exempted and must comply with the product accessibility requirements.

Definition of a Microenterprise.

A microenterprise is defined as an enterprise that:

• Employs fewer than 10 persons
• Has an annual turnover not exceeding €2 million or an annual balance sheet total not exceeding €2 million

Scope of Exemption.

Microenterprises that provide services are exempted from complying with the accessibility requirements of the EAA and from any obligations related to compliance with those requirements.

However, Member States are required to:

• Provide guidelines and tools to microenterprises to facilitate the application of national measures transposing the EAA
• Encourage microenterprises to implement accessibility measures, even though they are exempt from the legal requirements

It's important to note that microenterprises dealing with products (manufacturers, importers, distributors) must still comply with all EAA requirements.

The EAA includes several transitional provisions that allow economic operators additional time to adapt to the accessibility requirements:

Service Contracts.

Service contracts concluded before June 28, 2025, may continue without alteration until they expire, but for no longer than 5 years from that date.

Self-Service Terminals.

Self-service terminals lawfully used by service providers before June 28, 2025, may continue to be used until the end of their economically useful life, but for no longer than 20 years after their entry into use.

Extended Compliance Period.

Member States may provide that self-service terminals lawfully used by service providers before June 28, 2025, may continue to be used until the end of their economically useful life, but for no longer than 20 years after their entry into use.

For any exception claimed, economic operators must maintain proper documentation to justify their decision:

• Disproportionate burden: The assessment used to evaluate whether compliance would impose a disproportionate burden must be documented and retained for a period of 5 years after the last product or service is offered
• Fundamental alteration: Documentation must explain why specific accessibility requirements would fundamentally alter the nature of the product or service
• Microenterprises: Service providers claiming the microenterprise exemption should maintain documentation proving they meet the definition of a microenterprise

When requested by market surveillance authorities or other competent national authorities, economic operators must provide this documentation to justify any exceptions claimed.