Information about an alleged exemption from accessibility requirements

Last update

Summary:

If you invoke an exemption from the accessibility requirements for your products or services, you must inform the Surveillance authority for the accessibility of products and services (Office de la surveillance de l’accessibilité des produits et services - OSAPS).

Information about an alleged exemption from accessibility requirements

As a manufacturer or service provider, you must inform the Surveillance authority for the accessibility of products and services (OSAPS) that you are invoking an exemption for your products or services that do not comply with accessibility requirements.

Who is concerned

Any manufacturer or service provider concerned by the amended law of 8 March 2023 on accessibility requirements for products and services and who wishes to invoke an exemption from the accessibility requirements.

The manufacturer or service provider may be represented by an authorised representative.

The products and services covered by the law are the following:

Products concerned

  • consumer IT equipment such as computers, smartphones and tablets and their respective operating systems;
  • payment terminals, check-in machines, cash dispensers or ticketing machines – with the exception of those installed on board the means of transport, except in cases provided for by law;
  • smart TVs or equipment that provides access to audiovisual services;
  • e-readers.

Services concerned

  • electronic communications services;
  • services providing access to audiovisual media services (video on demand, replay, etc.);
  • pre-recorded time-based media (audio and/or video) available on the internet or applications, which are not considered as archives;
  • services relating to the transport of passengers by air, bus, train and boat (including their websites and mobile applications), except where exceptions are provided for by law;
  • e-banking, online payment and electronic money platforms;
  • e-books;
  • e-commerce;
  • the European emergency number 112 and other national emergency numbers.

Prerequisites

As a manufacturer or service provider, you must determine whether compliance with accessibility requirements places a disproportionate burden on you.

You are not required to meet accessibility requirements if bringing your product or service into compliance would:

  • require a significant modification of the product or service, resulting in a fundamental change to its nature; or
  • place a disproportionate burden on you.

Annex VI of Directive (EU) 2019/882 of the European Parliament and of the Council of 17 April 2019 (French, Pdf, 109 Kb) sets the criteria for assessing the disproportionate nature of the burden. The assessment criteria include the size and resources of the operation.

Costs

The transmission of information to OSAPS is free of charge.

How to proceed

Transmission of information

You must inform OSAPS of your decision to invoke an exemption online via MyGuichet.lu (see 'Online services and forms').

This procedure can be carried out with or without authentication using:

Supporting documents

You must attach any documents that would justify an exemption.

Online services and forms

Online services

Information about an alleged exemption from accessibility requirements

(with or without authentication)

Other language(s)

Who to contact

  • Surveillance authority for the accessibility of products and services (OSAPS)

    Address:
    11, rue Robert Stumper L-2657 Luxembourg Luxembourg
    Phone:
    (+352) 247 765 55
    Email address:
    signal@osaps.etat.lu
    Website:
    http://www.osaps.lu
    Closed ⋅ Opens at 8.00
    Tuesday:
    8.00 to 12.00 , 14.00 to 16.00
    Wednesday:
    8.00 to 12.00 , 14.00 to 16.00
    Thursday:
    8.00 to 12.00 , 14.00 to 16.00
    Friday:
    8.00 to 12.00 , 14.00 to 16.00
    Saturday:
    Closed
    Sunday:
    Closed
    Monday:
    8.00 to 12.00 , 14.00 to 16.00

Related procedures and links

Procedures

Links

Legal references

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