S.L. 418.3 ст. 5Disproportionate burden.

(1) Public sector bodies shall apply the accessibility requirements set out in regulation 4 to the extent that those requirements do not impose a disproportionate burden on them for the purposes of that regulation: Provided that for the purposes of this regulation, measures that would impose a disproportionate burden shall be understood as measures that would impose an excessive organisational or financial burden on a public sector body, or would jeopardise the capacity of the body to either fulfil its purpose or to publish information needed for or relevant to its tasks and services, whilst taking into account the likely resulting benefit or detriment for citizens, in particular persons with disabilities:

Provided further that only legitimate reasons shall be taken into account in any assessment of the extent to which the accessibility requirements cannot be met because they would impose a disproportionate burden; in particular, lack of priority, time or knowledge shall not be considered as legitimate reasons, nor shall there be deemed to be any legitimate reasons for not procuring or developing software systems to manage content on websites and mobile applications in an accessible manner.

(2) In order to assess the extent to which compliance with the accessibility requirements set out in regulation 4 imposes a disproportionate burden, public sector bodies shall take account of relevant circumstances, including the following:

(a) the size, resources and nature of the public sector body concerned; and

(b) the estimated costs and benefits for the public sector body concerned in relation to the estimated benefits for users, in particular but in no way limited to persons with disabilities, taking into account the frequency and duration of use of the specific website or mobile application.

(3) Without prejudice to sub-regulation (1), the public sector body concerned shall perform the initial assessment of the extent to which compliance with the accessibility requirements set out in regulation 4 imposes a disproportionate burden.

(4) Where a public sector body avails itself of the derogation provided for in sub-regulation (1) for a specific website or mobile application, after conducting an assessment as referred to in sub-regulation (2), it shall endeavour to make the content in question as accessible as possible and shall make other content fully accessible.

(5) Where a public sector body avails itself of the derogation provided for in sub-regulation (1) for a specific website or mobile application after conducting an assessment as referred to in sub-regulation (2), it shall explain, in the accessibility statement referred to in regulation 7, the part or parts of the accessibility requirements that could not be complied with and shall, where appropriate, provide accessible alternatives.

(6) Public sector bodies shall provide the Authority with a written report on the initial assessment referred to in sub-regulation (2) of the extent to which compliance with the accessibility requirements set out in regulation 4 imposes a disproportionate burden, and the said report shall also include a description of the accessible alternatives referred to in sub-regulation (5):

Provided that, without prejudice to his powers to initiate investigations pursuant to regulation 9, the Authority may deliver a written opinion on the initial assessment report within twenty (20) days of receipt thereof, requesting the public sector body concerned to take any measures he deems necessary in the circumstances. Such written opinion shall be communicated to the public sector body concerned by registered letter.