Activities of Helga STEVENS related to 2015/0278(COD)
Plenary speeches (2)
Accessibility requirements for products and services (debate) NL
Accessibility requirements for products and services (debate) NL
Shadow opinions (1)
OPINION on the proposal for a directive of the European Parliament and of the Council on the approximation of the laws, regulations and administrative provisions of the Member States as regards the accessibility requirements for products and services
Amendments (86)
Amendment 120 #
Proposal for a directive
Article 1 – paragraph 2 – point c
Article 1 – paragraph 2 – point c
(c) air, bus, rail and waterborne passenger transport services;, including public urban transport such as underground, rail, tramway, trolleybus and bus systems, as regards: (i) self-service terminals, ticketing machines and check-in machines, with at least half of the total number of machines operating in each station area easily accessible. (ii) websites, mobile device-based services, smart ticketing and real-time information; (iii) vehicles, related infrastructure, and the built environment; (iv) Member States shall ensure that, within their territory, fleets of taxis and hire cars include an adequate proportion of adapted vehicles.
Amendment 172 #
Proposal for a directive
Recital 4
Recital 4
(4) Due to the differences in national accessibility requirements, individual professionals, SMEs and micro-enterprises in particular are discouraged from entering into business ventures outside their own domestic markets. The national, or even regional or local, accessibility requirements that Member States have put in place currently differ as regards both coverage and level of detail. Those differences negatively affect competitiveness and growth, due to the additional costs incurred in the development and marketing of accessible products and services for each national market.
Amendment 190 #
Proposal for a directive
Recital 18
Recital 18
(18) It is necessary to introduce the accessibility requirements in the least burdensome manner for the economic operators and the Member States, notably by only including in the scope the products and services which have been thoroughly selected. Therefore micro-enterprises, due to their size, resources and nature should not be required to comply with the accessibility requirements set out in this Directive.
Amendment 199 #
Proposal for a directive
Recital 21
Recital 21
(21) The Commission’s proposal for a DirectiveDirective (EU) 2016/2102 of the European Parliament and of the Council34 includes accessibility requirements for a specific set of public sector bodies’ websites and mobile applications. In addition, it proposes to establishes the basis for a monitoring and reporting methodology of the compliance of the relevant websites with the requirements listed in that Directive. Both the accessibility requirements and the monitoring and reporting methodology included in that Directive are to apply to the public sector bodies' websites and mobile applications. With the purpose of, notably, ensuring that relevant authorities implement the same accessibility requirements independently of the type of regulated website or mobile application, the accessibility requirements set out in this Directive should be aligned to those of the proposed Directive on the accessibility of public sector bodies’ websitesDirective (EU) 2016/2102. Activities of ecommerce of public sector websites and mobile applications not covered by that Directive, fall under the scope of this proposalDirective, in order to ensure that the online sale of products and services is accessible for persons with disabilities and older persons, irrespective of their public or private sale. __________________ 34 Proposal for a DirectiveDirective (EU) 2016/2102 of the European Parliament and of the Council of 26 October 2016 on the accessibility of public sector bodies' websites COM(2012) 721the websites and mobile applications of public sector bodies (OJ L 327, 2.12.2016, p. 1).
Amendment 200 #
Proposal for a directive
Recital 22 a (new)
Recital 22 a (new)
(22a) This Directive should complement the sectorial Union legislation in the aspects not covered by this Directive.
Amendment 214 #
Proposal for a directive
Recital 25 a (new)
Recital 25 a (new)
(25a) 'Design for all' should be understood as the design and composition of an environment, including products and services, so that it can be accessed, understood and used to the greatest extent possible, not excluding the use of specialised and fully interoperable assistive technology.
Amendment 215 #
Proposal for a directive
Recital 28
Recital 28
(28) All economic operators falling within the scope of this Directive and intervening in the supply and distribution chain should ensure that they make available on the market only products which are in conformity with the accessibility requirements of this Directive. It is necessary to provide for a clear and proportionate distribution of obligations which correspond to the role of each operator in the supply and distribution process.
Amendment 217 #
Proposal for a directive
Recital 29
Recital 29
(29) Economic operators should be responsible for the compliance of products and services, in relation to their respective roles in the supply chain, so as to ensure a high level of protection ofachieve full accessibility and to guarantee fair competition on the Union market.
Amendment 229 #
Proposal for a directive
Recital 37
Recital 37
(37) This Directive should follow the principle of 'think small first' and should take account of the administrative burdens that SMEs are faced with. It should set light rules in terms of conformity assessment and should establish safeguard clauses for economic operators, rather than providing for general exceptions and derogations for those enterprises. Consequently, when setting up the rules for the selection and implementation of the most appropriate conformity assessment procedures, the situation of SMEs should be taken into account and the obligations to assess conformity of accessibility requirements should be limited to the extent that they do not pose a disproportionate burden on SMEs. In addition, market surveillance authorities should operate in a proportionate manner in relation to the size of undertakings and to the small serial or non-serial nature of the production concerned, without creating unnecessary obstacles for SMEs and without compromising the protection of public interests. Additionally, micro- enterprises, due to their size, resources and nature should not be required to comply with the accessibility requirements.
Amendment 238 #
Proposal for a directive
Recital 44
Recital 44
Amendment 242 #
Proposal for a directive
Recital 45
Recital 45
Amendment 253 #
Proposal for a directive
Recital 53 a (new)
Recital 53 a (new)
(53a) In order to allow service providers sufficient time to adapt to requirements laid down by this Directive, it is necessary to provide for a transitional period of [5] years after the date of application of this Directive, during which products used for the provision of a service which were placed on the Union market before that date do not need to comply with the accessibility requirements pursuant to this Directive unless they are replaced by the service providers during the transitional period. It should be without prejudice to transitional periods and application dates set out by other Union legislation on accessibility. Given the cost and long life- cycle of automatic teller machines, ticketing machines and check-in machines, it is appropriate to provide that, when such terminals are used in the provision of services, they may continue to be used until the end of their economically or physically useful life or until they are fully depreciated. If on the basis of the required assessment it is concluded that it would constitute a disproportionate burden on the economic operator to require that all automatic teller machines, ticketing machines or check-in machines that are available for the provision of the same service comply with the accessibility requirements laid out in this Directive then the assessment should also suggest what number of compliant machines would be sufficient to secure the accessibility of the services provided by the service provider in question. In its assessment the service provider should take into account inter alia the estimated benefit for persons with disabilities and the ease of access of the accessible machines.
Amendment 255 #
Proposal for a directive
Recital 13
Recital 13
(13) The entry into force of the Convention in the Member States’ legal orders entails the need to adopt additional national provisions on accessibility of products and services and the built environment related to the provision of goods and services which without Union action would further increase disparities between national provisions.
Amendment 261 #
Proposal for a directive
Recital 17
Recital 17
(17) Each product and service has to comply withwithin the scope of this Directive shall have an accessibility report available, outlining which of the accessibility requirements identified in Article 3 and listed in Annex I to bhave been implemented to make the product or service accessible for persons with disabilities and older persons. The accessibility report is a list or statement of accessibility feature that form part of the general description of the product as required in Annex II and of the services as required in Annex III. The e- commerce accessibility obligations also apply to the online sale of services under Article 1(2)(a) to (e) of this Directive.
Amendment 271 #
Proposal for a directive
Recital 23
Recital 23
(23) In some situations, cCommon accessibility requirements of the built environment would facilitateare essential for the free movement of the related services and of persons with disabilities. Therefore, this Directive enablecommits Member States to include the built environment used in the provision of the services under the scope of this Directive, ensuring compliance with the accessibility requirements set in Annex X.
Amendment 277 #
Proposal for a directive
Recital 25 a (new)
Recital 25 a (new)
(25a) When identifying and classifying the needs of persons with disabilities the product or service is intended to meet, the principle of the universal design should be viewed in accordance with the General Comment No. 2(2014) on Article 9 of the UN Committee on the Rights of Persons with Disabilities.1a __________________ 1ahttps://documents-dds- ny.un.org/doc/UNDOC/GEN/G14/033/13/ PDF/G1403313.pdf?OpenElement
Amendment 283 #
Proposal for a directive
Article 1 – paragraph 2 – point b
Article 1 – paragraph 2 – point b
(b) services providing access to audiovisual media services and, including related consumer equipment with advanced computing capability used for the provision of those services;
Amendment 288 #
Proposal for a directive
Article 1 – paragraph 2 – point c
Article 1 – paragraph 2 – point c
(c) air, bus, rail and waterborne passenger transport services; in relation to the following aspects:
Amendment 290 #
Proposal for a directive
Article 1 – paragraph 2 – point c – point i (new)
Article 1 – paragraph 2 – point c – point i (new)
i) the websites, mobile applications, the mobile device-based services, smart ticketing, real-time information; and
Amendment 291 #
Proposal for a directive
Article 1 – paragraph 2 – point c – point ii (new)
Article 1 – paragraph 2 – point c – point ii (new)
ii) self-service terminals located within the territory of the Union, including ticketing machines and check- in machines used for the provision of passenger transport services;
Amendment 294 #
Proposal for a directive
Article 1 – paragraph 2 – point d
Article 1 – paragraph 2 – point d
(d) consumer banking services;
Amendment 296 #
Proposal for a directive
Article 1 – paragraph 2 – point e
Article 1 – paragraph 2 – point e
(e) e-books and access to e-books;
Amendment 301 #
Proposal for a directive
Article 1 – paragraph 2 – point f
Article 1 – paragraph 2 – point f
(f) e-commerceonline marketplace intended for use by consumers.
Amendment 306 #
Proposal for a directive
Article 1 – paragraph 2 – point c
Article 1 – paragraph 2 – point c
(c) air, bus, rail and waterborne passenger transport services and infrastructure;
Amendment 317 #
Proposal for a directive
Article 2 – paragraph 1 – point 1
Article 2 – paragraph 1 – point 1
(1) “accessible products and services” are products and services that are perceptible, operable and understandable for persons with functional limitations, including and persons with disabilities, on an equal basis with others;
Amendment 318 #
Proposal for a directive
Article 1 – paragraph 3 a (new)
Article 1 – paragraph 3 a (new)
3a. Micro-enterprises, due to their size, resources and nature shall not be required to comply with the accessibility requirements laid down by this Directive.
Amendment 333 #
Proposal for a directive
Article 2 – point 2
Article 2 – point 2
(2) “universal design”“ referred to also as “design for all” means the design of products, environments, programmes and services to be usable by all peoplersons, to the greatest extent possible, without the need for adaptation or specialised design; “universal design” does not exclude assistive devices for particular groups of persons with functional limitations, includingcould also be achieved by means of interoperability with assistive devices for persons with disabilities where this is needed;
Amendment 339 #
Proposal for a directive
Article 2 – point 6 a (new)
Article 2 – point 6 a (new)
(6a) "access to audiovisual media services" means features necessary for enabling the use of audiovisual media services provided, particularly different means of transmission of audiovisual media services, to the extent that the features are not covered by Directive 2010/13/EU;
Amendment 343 #
Proposal for a directive
Article 3 – paragraph 1
Article 3 – paragraph 1
1. Member States shall ensure that, where relevant to their foreseeable use as declared by the economic operator, the products and services referred to in Article 1(1) and 1(2) comply with the accessibilityfunctional performance requirements set out in Annex I in accordance with paragraphs 2 to 9 of this Article.
Amendment 346 #
Proposal for a directive
Article 2 – point 21
Article 2 – point 21
(21) “e-commerce” means the online sale of products and services"online marketplace" means a digital service that allows consumers as defined in point (a) of Article 4(1) of Directive 2013/11/EU of the European Parliament and of the Council1a to conclude online sales or service contracts with traders as defined in point (b) of Article 4(1) of that Directive either on the online marketplace's website or on a trader's website that uses computing services provided by the online marketplace; __________________ 1a Directive 2013/11/EU of the European Parliament and of the Council of 21 May 2013 on alternative dispute resolution for consumer disputes and amending Regulation (EC) No 2006/2004 and Directive 2009/22/EC (Directive on consumer ADR) (OJ L 165, 18.6.2013, p. 63).
Amendment 362 #
Proposal for a directive
Article 3 – paragraph 10
Article 3 – paragraph 10
10. Member States may decidshall ensure, in the light of national conditions, that the built environment used by clients of passenger transport services including the environment that is managed by service providers and by infrastructure operators as well as the built environment used by clients of banking services, and customer services centres and shops under the scope of telephony operators shall, as well as any other service or place for the purchase of any of the products included in this Directive, comply with the accessibility requirements of Annex I, section X, in order to maximise their use by persons with functional limitations, including persons with disabilities.
Amendment 378 #
Proposal for a directive
Article 12 – paragraph 1
Article 12 – paragraph 1
1. The accessibility requirements referred to in Article 3 shall apply to the extent that they do not introduce a significant change in an aspect or feature of a product or service that results in theany alteration of the basic nature of the product or service concerned. The accessibility requirements may be fulfilled through the use of third party applications, peripheral devices, software, hardware, or customer premises equipment that is available to persons with disabilities on an equal basis with others.
Amendment 380 #
Proposal for a directive
Article 12 – paragraph 3 – point b
Article 12 – paragraph 3 – point b
(b) the estimated costs and benefits for the economic operators in relation to the estimated benefit for persons with disabilities, taking into account the frequency and duration of use of the specific product or servicefunctional limitations and persons with disabilities.
Amendment 382 #
Proposal for a directive
Article 3 – paragraph 9
Article 3 – paragraph 9
9. E-commerOnline marketplaces shall comply with the requirements set out in Section VIII of Annex I.
Amendment 395 #
Proposal for a directive
Article 12 – paragraph 6
Article 12 – paragraph 6
6. Where the economic operators have used the exception provided for in paragraphs 1 to 5 for a specific product or service they shall notify the relevant market surveillance authority of the Member State in the market of which the product or service is placed or made available. Notification shall include the assessment referred to in paragraph 3. In order for an exemption to be granted pursuant to such exception, the market surveillance authority shall systematically verify the assessment, unless the economic operator has provided an independent third-party assessment. Microenterprises are exempted from this notification requirement but must be able to supply the relevant documentation upon request from a relevant market surveillance authority.
Amendment 396 #
Proposal for a directive
Article 5 – paragraph 1
Article 5 – paragraph 1
1. When placing their products on the market, manufacturers shall ensure that the products have been designed and manufactured in accordance with the applicable accessibility requirements set out in Article 3 unless the functional requirements are not achievable as the adaptation of product would need a fundamental alteration or would impose a disproportionate burden for the manufacturer.
Amendment 397 #
Proposal for a directive
Article 5 – paragraph 1 a (new)
Article 5 – paragraph 1 a (new)
1a. The requirements set out in paragraph 1 are deemed to be satisfied also when the manufacturer chooses the use of third party applications, peripheral devices, software, hardware, or customer premises equipment that persons with disabilities can access.
Amendment 398 #
Proposal for a directive
Article 12 – paragraph 6 a (new)
Article 12 – paragraph 6 a (new)
6a. A structured dialogue shall be established between relevant stakeholders, including persons with disabilities and their representative organisations and the market surveillance authorities, to ensure that adequate, coherent principles for the assessment of the exemptions are established.
Amendment 398 #
Proposal for a directive
Article 5 – paragraph 2 – subparagraph 1
Article 5 – paragraph 2 – subparagraph 1
Amendment 401 #
Proposal for a directive
Article 5 – paragraph 2 – subparagraph 2
Article 5 – paragraph 2 – subparagraph 2
Where compliance of a product with the applicable accessibility requirements has been demonstrated by that procedure, manufacturers shall draw up an EU declaration of conformity and affix the CE marking.
Amendment 404 #
Proposal for a directive
Article 12 – paragraph 6 b (new)
Article 12 – paragraph 6 b (new)
6b. Member States are encouraged to provide incentives and guidelines to microenterprises to facilitate the implementation of this Directive. The procedures and guidelines shall be developed in consultation with relevant stakeholders, including persons with disabilities and their representative organisations.
Amendment 405 #
Proposal for a directive
Article 5 – paragraph 3
Article 5 – paragraph 3
Amendment 407 #
Proposal for a directive
Article 5 – paragraph 4
Article 5 – paragraph 4
Amendment 414 #
Proposal for a directive
Article 22 – paragraph 2 – point b
Article 22 – paragraph 2 – point b
(b) the estimated costs and benefits for the competent authorities concerned in relation to the estimated benefit for persons with disabilities, taking into account the frequency and duration of use of the specific product or servicefunctional limitations and persons with disabilities;
Amendment 421 #
Proposal for a directive
Article 5 – paragraph 9
Article 5 – paragraph 9
9. Manufacturers shall, further to a reasoned request from a competent national authority, provide it with all the information and documentation necessary to demonstrate the conformity of the product, in a language which can be easily understood by that authority. They shall cooperate with that authority, at its request, on any action taken to eliminate the risks posed byfulfil the conformity requirements of products which they have placed on the market and to ensure compliance with the requirements referred to in Article 3.
Amendment 425 #
Proposal for a directive
Article 25 – paragraph 2 – point a
Article 25 – paragraph 2 – point a
(a) accessible provisions whereby a consumer may take action under national law before the courts or before the competent administrative bodies to ensure that the national provisions transposing this Directive are complied with;
Amendment 425 #
Proposal for a directive
Article 6 – paragraph 2 – point b
Article 6 – paragraph 2 – point b
(b) co-operate with the competent national authorities, at their request, on any action taken to eliminate the risks posed byfulfil the conformity requirements of products covered by their mandate.
Amendment 428 #
Proposal for a directive
Article 7 – paragraph 2
Article 7 – paragraph 2
2. Before placing a product on the market importers shall ensure that the conformity assessment procedure set out in Annex II has been carried out by the manufacturer. They shall ensure that the manufacturer has drawn up the technical documentation required by that Annex, that the product bears the CE marking and isproducts are in conformity with this Directive. They shall ensure that the products are accompanied by the required documents and that the manufacturer has complied with the requirements set out in Article 5(5) and (6).
Amendment 431 #
Proposal for a directive
Annex I – row 2 – Section I – column 1 – title
Annex I – row 2 – Section I – column 1 – title
General purpose computer hardware and operating systems and household appliances operated by user interface with ICT technology
Amendment 431 #
Proposal for a directive
Article 7 – paragraph 3
Article 7 – paragraph 3
3. Where an importer considers or has reason to believe that a product is not in conformity with the accessibility requirements referred to in Article 3, he shall not place the product on the market until it has been brought into conformity. Furthermore, where the product presents a riskdoes not fulfil the conformity requirements, the importer shall inform the manufacturer and the market surveillance authorities to that effect.
Amendment 434 #
Proposal for a directive
Annex I – row 2 – Section I – column 2 – point A (new)
Annex I – row 2 – Section I – column 2 – point A (new)
A. Operating systems 1. The provision of services in such a way as to maximise their intended use by persons with disabilities shall be achieved by meeting the functional performance requirements set out in point Ab. The provision of services shall include: (a) information about the functioning of the service and about its accessibility characteristics and facilities, which shall also be provided in digital and accessible formats; (b) the electronic information, including the websites needed in order for the service to be provided.
Amendment 435 #
Proposal for a directive
Annex I – row 2 – Section I – column 2 – point 1
Annex I – row 2 – Section I – column 2 – point 1
Aa. General purpose computer hardware, operating systems and household appliances operated by user interface 1. Design and production: The design and production of products in order to maximise their foreseeable use by persons with functional limitations, including persons with disabilities and those with age related impairments, shall be achieved by making accessible the followingcomplying with the following accessibility requirements: (a) the information on the use of the product provided on the product itself (labelling, instructions, warning), which: (i) must be available by more than one sensory channel; shall be provided in accessible web format and electronic non-web document and: (ii) mustshall be understandable; (iii) mustshall be perceivable; (ivii) shall have an adequate size of fonts in foreseeable conditions of use; (b) the packaging of the product including the information provided in it (opening, closing, use, disposal)and type of fonts with sufficient contrast between the characters and their background in order to maximise its readability in foreseeable conditions of use; (iv) shall be made available in accessible web format and electronic non- web documents; (b) the packaging of the product including the information provided in it (opening, closing, use, disposal) which: (i) shall meet the requirements laid down in point 1a; (ii) shall in a simple and precise way inform the users that the product incorporates accessibility features; (c) the product instructions for use, installation and maintenance, storage and disposal of the product which shall comply with the following: (i) the content of instruction shall be made available in text formats that can be used for generating alternative assistive formats to be presented in different ways and via more than one sensory channel, and (ii) the instructionsaccessible web format and electronic non- web document by making them perceivable, operable, understandable and robust; (ii) shall list and explain how to use the accessibility features of the product and its compatibility with a variety of assistive technologies available at Union and international level; (iii) shall be provided on alternatives to non-text content; (d) (handling, controls and feedback, input and output) in accordance with point 2; (e) providing functions aimed to address the needs of persons wielectronic formats upon request. The alternative non-electronic formats may include large print, Braille, or easy-to- read text. the user interface of the product the functional limitations, in accordance with point 2; (f) assistive devices.ity of the product by the interfacing of the product with
Amendment 436 #
Proposal for a directive
Article 7 – paragraph 7
Article 7 – paragraph 7
Amendment 443 #
Proposal for a directive
Article 7 – paragraph 9
Article 7 – paragraph 9
9. Importers shall, further to a reasoned request from a competent national authority, provide it with all the information and documentation necessary to demonstrate the conformity of a product in a language which can be easily understood by that authority. They shall cooperate with that authority, at its request, on any action taken to eliminate the risks posed byfulfil the conformity requirements of products which they have placed on the market.
Amendment 445 #
Proposal for a directive
Annex I – row 3 – Section II – column 2 – point 1 – point a – introductory part
Annex I – row 3 – Section II – column 2 – point 1 – point a – introductory part
(a) the information on the use of the product provided on the product itself (labelling, instructions, warning), which:shall be made available in accessible web format and electronic non-web document that are perceivable, operable, understandable and robust
Amendment 447 #
Proposal for a directive
Article 8 – paragraph 2
Article 8 – paragraph 2
2. Before making a product available on the market distributors shall verify that the product bears the CE marking, that itis in conformity with this Directive and is accompanied by the required documents and by instructions and information in a language which can be easily understood by consumers and other end-users in the Member State in which the product is to be made available on the market and that the manufacturer and the importer have complied with the requirements set out in Article 5(5) and (6) and Article 7(4).
Amendment 451 #
Proposal for a directive
Annex I – row 3 – Section II – column 2 – point 1 – point a – point iv
Annex I – row 3 – Section II – column 2 – point 1 – point a – point iv
(iv) shall have an adequate size of fontsand type of fonts with sufficient contrast between the characters and their background in order to maximise its readability in foreseeable conditions of use;
Amendment 451 #
Proposal for a directive
Article 8 – paragraph 3
Article 8 – paragraph 3
3. Where a distributor considers or has reason to believe that a product is not in conformity with the accessibility requirements referred to in Article 3, they shall not make the product available on the market until it has been brought into conformity. Furthermore, where the product presents a riskis not in conformity with this Directive, the distributor shall inform the manufacturer and the market surveillance authorities to that effect.
Amendment 454 #
Proposal for a directive
Article 8 – paragraph 5
Article 8 – paragraph 5
5. Distributors who consider or have reason to believe that a product which they have made available on the market is not in conformity with this Directive shall make sure that the necessary corrective measures are taken to bring that product into conformity, to withdraw it or recall it, if appropriate. Furthermore, where the product presents a risk, distributors shall immediately inform the competent national authorities of the Member States in which they made the product available to that effect giving details, in particular, of the non-compliance and of any corrective measures taken.
Amendment 457 #
Proposal for a directive
Annex I – row 3 – Section II – column 2 – point 2
Annex I – row 3 – Section II – column 2 – point 2
2. User interface and functionality designFunctionality requirements for user interface and design of the product: In order to make accessible the design of the products and their user interface as referred to in points (b) and (c) of point 1 they must be designed, where applicable, as follows: (a) provide for communication and orientation via more than one sensory channel; (b) provide for alternatives to speein accordance with Section I Point 2 as well as: (a) It shall not require that an accessibility feature be on in order for a user who needs the feature to turn it on; (b) where a timed response is required, the user shall be alerted visually, as well as by touch for communication and orientation; (c) provide for flexible magnification and contrast; (d) provide for an alternative colour to convey information; (e) provide for flexible ways to separate and control foreground from background including for reducing background noise and improve clarity; (f) (g) alternatives to fine motor control; (h) with limited reach and strength; (i) provide avoidance of triggering photosensitive seizures.sound, and shall be given the possibility to extend the time permitted; (c) the product shall be operable, including the operable parts of the product, such as keys and controls, shall have an adequate contrast between the keys and controls and their background, and shall be tactilely discernible; (d) where keys, tickets, or cards are provided, these shall have an orientation that is tactilely discernible if orientation is important to further use of the key, ticket or card; (e) where the product uses biological characteristics of the user, it shall not rely on the use of a particular biological characteristic as the only means of user identification or for control of the product. provide for user control of volume; provide for sequential control and provide for modes of operation
Amendment 459 #
Proposal for a directive
Annex I – row 4 – Section III – column 2 – point A – point 1 – point b – introductory part
Annex I – row 4 – Section III – column 2 – point A – point 1 – point b – introductory part
(b) providing information about the functioning of the service and about its accessibility characteristics and facilities as follows:, which shall be provided in accessible web format and electronic non-web document that are perceivable, operable, understandable and robust
Amendment 461 #
Proposal for a directive
Annex I – row 4 – Section III – column 2 – point A – point 1 – point b – point i a (new)
Annex I – row 4 – Section III – column 2 – point A – point 1 – point b – point i a (new)
(ia) the information shall be made available in accessible web format and electronic non-web document format by making it perceivable and operable.
Amendment 461 #
Proposal for a directive
Article 8 – paragraph 6
Article 8 – paragraph 6
6. Distributors shall, further to a reasoned request from a competent national authority, provide it with all the information and documentation necessary to demonstrate the conformity of a product. They shall cooperate with that authority, at its request, on any action taken to eliminate the risks posed byfulfil the conformity requirements of products which they have made available on the market.
Amendment 466 #
Proposal for a directive
Article 10 – paragraph 2
Article 10 – paragraph 2
2. Economic operators shall be able to present the information referred to in paragraph 1 for a period of 10five years after they have been supplied with the product and for a period of 10five years after they have supplied the product.
Amendment 467 #
Proposal for a directive
Annex I – row 4 – Section III – column 2 – point A – point 1 – point c
Annex I – row 4 – Section III – column 2 – point A – point 1 – point c
(c) making websites and mobile applications needed for the provision of the service accessible in a consistent and adequate way for users’ perception, operation and understanding, including the adaptability of content presentation and interaction, when necessary providing an accessible electronic alternative; and in a robust way which facilitates interoperability with a variety of user agents and assistive technologies available at Union and international level;
Amendment 467 #
Proposal for a directive
Article 11 – paragraph 2
Article 11 – paragraph 2
2. Service providers shall prepare the necessary information in accordance with Annex III explaining how the services meet the accessibility requirements referred to in Article 3. The information shall be made available to the public in written and oral format, including in a manner which is accessible to persons with functional limitations anda manner which is accessible to persons with disabilities. Service providers shall keep the information as long as the service is in operation.
Amendment 470 #
Proposal for a directive
Annex I – row 4 – Section III – column 2 – point A – point 1 – point c a (new)
Annex I – row 4 – Section III – column 2 – point A – point 1 – point c a (new)
(ca) making mobile-based services including mobile applications needed for the provision of the service accessible in a consistent and adequate way for users’ perception, operation and understanding, including the adaptability of content presentation and interaction, when necessary providing an accessible electronic alternative, and in a robust way which facilitates interoperability with a variety of user agents and assistive technologies available at Union and international level;
Amendment 473 #
Proposal for a directive
Annex I – row 4 – Section III – column 2 – point A – point 1 – point e
Annex I – row 4 – Section III – column 2 – point A – point 1 – point e
(e) including functions, practices, policies and procedures and alterations in the operation of the service targeted to address the needs of persons with functional limitationsdisabilities: (i) where a service provides two-way voice communication, it shall also support real-time text in parallel and on the same call; (ii) where a service supports two-way communication and that service is specified for use with relay services, support shall be provided for voice, real- time text and/or video, alone or in any combination, on both outgoing and incoming calls following the Total Conversation approach; (iii) where a service supports two-way communication and is specified for use with emergency services, support shall be provided for voice, real-time text and/or video, alone or in any combination, on both outgoing and incoming calls, following the Total Conversation approach.
Amendment 489 #
Proposal for a directive
Annex I – row 5 – Section IV – column 2 – point A – point 1 – point b – point i a (new)
Annex I – row 5 – Section IV – column 2 – point A – point 1 – point b – point i a (new)
(ia) it shall be made available in accessible web format and within the electronic programming guides (EPG) by making it perceivable, operable, understandable and robust, in accordance with point (c);
Amendment 492 #
Proposal for a directive
Annex I – row 5 – Section IV – column 2 – point B – point 1 – point c – point i a (new)
Annex I – row 5 – Section IV – column 2 – point B – point 1 – point c – point i a (new)
(ia) they shall be made available in accessible web format and electronic non- web document format by making them perceivable and operable;
Amendment 493 #
Proposal for a directive
Annex I – row 6 – Section V – column 2 – point A – point 1 – point a – point i a (new)
Annex I – row 6 – Section V – column 2 – point A – point 1 – point a – point i a (new)
(ia) it shall be made available in accessible web format and electronic non- web document format by making it perceivable, understandable and operable;
Amendment 500 #
Proposal for a directive
Annex I – row 7 – Section VI – column 2 – point A – point 1 – point b – point i a (new)
Annex I – row 7 – Section VI – column 2 – point A – point 1 – point b – point i a (new)
(ia) it shall be made available in accessible web format and electronic non- web document by making it perceivable and operable.
Amendment 501 #
Proposal for a directive
Annex I – row 7 – Section VI – column 2 – point A – point 1 – point c
Annex I – row 7 – Section VI – column 2 – point A – point 1 – point c
(c) making websites, mobile-based services, including mobile applications, and online applications needed for the provision of the service accessible in a consistent and adequate way for users’ perception, operation and understanding, including the adaptability of content presentation and interaction, when necessary providing an accessible electronic alternative;, and in a way which facilitates interoperability with a variety of user agents and assistive technologies available at Union and international level;
Amendment 501 #
Proposal for a directive
Article 15 – paragraph 2
Article 15 – paragraph 2
2. The EU declaration of conformity shall have the model structure set out in Annex III to Decision No 768/2008/EC. It shall contain the elements specified in Annex II to this Directive and shall be continuously updated. The requirements concerning the technical documentation shall avoid imposing any disproportionate burden for micro, small and medium-sized enterprises. It shall be translated into the language or languages required by the Member State in the market of which the product is placed or made available.
Amendment 502 #
Proposal for a directive
Annex I – row 7 – Section VI – column 2 – point B – title
Annex I – row 7 – Section VI – column 2 – point B – title
B. Websites and mobile applications used for provision of banking services:
Amendment 503 #
Proposal for a directive
Annex I – row 7 – Section VI – column 2 – point B – point a
Annex I – row 7 – Section VI – column 2 – point B – point a
(a) making websites and mobile applications accessible in a consistent and adequate way for users’ perception, operation and understanding, including the adaptability of content presentation and interaction, when necessary providing an accessible electronic alternative; and in a way which facilitates interoperability with a variety of user agents and assistive technologies available at Union and international level;
Amendment 505 #
Proposal for a directive
Article 16
Article 16
Amendment 506 #
Proposal for a directive
Annex I – row 8 – Section VII – column 2 – point A – point 1 – point b – point i a (new)
Annex I – row 8 – Section VII – column 2 – point A – point 1 – point b – point i a (new)
(ia) it shall be made available in accessible web format and electronic non- web document format by making it perceivable and operable;
Amendment 511 #
Proposal for a directive
Article 19 – title
Article 19 – title
Procedure for dealing with products presenting a risk related to accessibilityfailing to fulfil the conformity requirements at national level
Amendment 514 #
Proposal for a directive
Article 19 – paragraph 1 – subparagraph 1
Article 19 – paragraph 1 – subparagraph 1
Where the market surveillance authorities of one Member State have taken action pursuant to Article 20 of Regulation (EC) No 765/2008, or where they have sufficient reason to believe that a product covered by this Directive presents a risk related to accessibility aspects covered by this Directivesufficient reason to believe that a product covered by this Directive does not fulfil the conformity requirements, they shall carry out an evaluation in relation to the product concerned covering all the requirements laid down in this Directive. The relevant economic operators shall fully cooperate with the market surveillance authorities.
Amendment 519 #
Proposal for a directive
Article 19 – paragraph 1 – subparagraph 3
Article 19 – paragraph 1 – subparagraph 3
Amendment 520 #
Proposal for a directive
Article 19 – paragraph 4
Article 19 – paragraph 4
4. Where the relevant economic operator does not take adequate corrective action within the period referred to in the second subparagraph of paragraph 1, the market surveillance authorities shall take all appropriate provisional measures to prohibit or restrict products being made available on their national markets, toensure that the product is brought into compliance withdraw the product from that market or to recall itaccessibility requirements set out by this Directive. The market surveillance authorities shall inform the Commission and the other Member States, without delay, of those measures.
Amendment 522 #
Proposal for a directive
Article 19 – paragraph 5 – introductory part
Article 19 – paragraph 5 – introductory part
5. The information referred to in paragraph 4 shall include all available details, in particular the data necessary for the identification of the non-compliant product, the origin of the product, the nature of the alleged non-compliance and the risk involved, the nature and duration of the national measures taken and the arguments put forward by the relevant economic operator. In particular, the market surveillance authorities shall indicate whether the non- compliance is due to any of the following:
Amendment 533 #
Proposal for a directive
Article 20 – paragraph 2
Article 20 – paragraph 2
2. If the national measure is considered justified, all Member States shall take the measures necessary to ensure that the non-compliant product is withdrawn from their marketbrought into compliance, and shall inform the Commission accordingly. If the national measure is considered unjustified, the Member State concerned shall withdraw the measure.
Amendment 577 #
Proposal for a directive
Article 28 – paragraph 3
Article 28 – paragraph 3
3. The Commission’s report shall take into account the viewpoints of the economic stakeholders and relevant non- governmental organisations, including organisations of persons with disabilities and those representing older persons.
Amendment 697 #
Proposal for a directive
Annex II
Annex II