24 Amendments of Marco ZULLO related to 2015/0278(COD)
Amendment 173 #
Proposal for a directive
Recital 6
Recital 6
(6) The approximation of national measures at Union level is therefore necessary for the proper functioning of the internal market in order to put an end to fragmentation in the market of accessible products and services, to create economies of scale, to facilitate cross-border trade and mobility and the free movement of persons, including persons with disabilities, as well as to help economic operators to concentrate resources on innovation instead of using those resources for complying with fragmented legal requirements across the Union.
Amendment 176 #
Proposal for a directive
Recital 7
Recital 7
(7) The benefits of harmonising accessibility requirements for the internal market have been demonstrated by the application ofin cases where Directive 2014/33/EU of the European Parliament and of the Council regarding lifts31 and Regulation (EC) No 661/2009 of the European Parliament and of the Council32 in the area of transport. have been fully and uniformly implemented. __________________ 31 Directive 2014/33/EU of the European Parliament and of the Council of 26 February 2014 on the harmonisation of the laws of the Member States relating to lifts and safety components for lifts (OJ L 96, 29.3.2014, p.251). 32 Regulation (EC) No 661/2009 of the European Parliament and of the Council of 13 July 2009 concerning type-approval requirements for the general safety of motor vehicles, their trailers and systems, components and separate technical units intended therefor (OJ L 200, 31.7.2009, p.1).
Amendment 194 #
Proposal for a directive
Recital 19
Recital 19
(19) It is therefore necessary to specify accessibility requirements for the placing on the market of products and services which fall within the scope of this Directive and for the built environment connected with the supply of those products and services, in order to ensure their free circulation in the internal market.
Amendment 201 #
Proposal for a directive
Recital 23
Recital 23
(23) In some situations, common accessibility requirements of the built environment would facilitate the free movebuilt environment accessibility is a precondition for the proper enjoyment of the related services and ofby persons with disabilities. Therefore, this Directive enablrequires 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 218 #
Proposal for a directive
Recital 30
Recital 30
(30) The manufacturer having detailed knowledge of the design and production process is best placed to carry out the complete conformity assessment procedure. The obligationsmanufacturer shall be held liable for any conformity assessment should rest with the manufacturerproblems identified during checks by the market surveillance authority, in cooperation with organisations representing people with disabilities.
Amendment 221 #
Proposal for a directive
Recital 32
Recital 32
(32) Importers shouldall ensure that products from third countries entering the Union market comply with the accessibility requirements of this Directive and in particular that appropriate conformity assessment procedures have been carried out by manufacturers with regard to those products. The importer shall be held liable for any conformity problems identified during checks by the market surveillance authority, in cooperation with organisations representing people with disabilities.
Amendment 223 #
Proposal for a directive
Recital 36
Recital 36
(36) For reasons of proportionality, accessibility requirements should only apply to the extent that they do not impose a disproportionate burdenburden the market surveillance authority judges to be excessive on the economic operator concerned, or require a change in the products and services which would result in their fundamental alteration in accordance with the specified criteria.
Amendment 226 #
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. Furthermore, the development of accessible products and services should be included among the objectives set for SME and microenterprise funding programmes.
Amendment 233 #
Proposal for a directive
Recital 40
Recital 40
(40) In the absence of harmonised standards and where needed for market harmonisation purposes, the Commission should be able adopt implementing acts establishing common technical specifications for the accessibility requirements set in this Directive, with the involvement of organisations representing people with disabilities.
Amendment 249 #
Proposal for a directive
Recital 50
Recital 50
(50) A safeguard procedure should be set up which applies only in the event of disagreement between Member States over measures taken by a Member State under which interested parties are informed of measures intended to be taken with regard to products not complying with the accessibility requirements of this Directive. It should allow market surveillance authorities, in cooperation with organisations representing people with disabilities and with the relevant economic operators, to act at an earlier stage in respect of such products.
Amendment 292 #
Proposal for a directive
Article 1 – paragraph 2 – point d
Article 1 – paragraph 2 – point d
d) banking services and payment terminals;
Amendment 320 #
Proposal for a directive
Article 1 – paragraph 3 a (new)
Article 1 – paragraph 3 a (new)
3a. Derogations from the provisions of this Directive may be granted in cases where products and services covered by the Directive are produced by microenterprises.
Amendment 362 #
Proposal for a directive
Article 3 – paragraph 3
Article 3 – paragraph 3
3. The following self-service terminals: Automatic Teller Machines, ticketing machines and, check-in machines and payment terminals shall comply with the requirements set out in Section II of Annex I.
Amendment 377 #
Proposal for a directive
Article 3 – paragraph 7
Article 3 – paragraph 7
7. Banking services, the websites, the mobile device-based banking services, self- service terminals, including Automatic Teller machines used for provision of banking services and payment terminals shall comply with the requirements set out in Section VI of Annex I.
Amendment 391 #
Proposal for a directive
Article 3 – paragraph 10
Article 3 – paragraph 10
10. Member States may decide, in the light of national conditions,shall ensure 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 complyies 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 430 #
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 confinform the manufacturer and the market surveillance authormity. Furthermore, where the product presents a risk, the importer shall inform the manufacturer and the market surveillance authorities to that effect and shall not place the product on the market until it has been brought into conformity.
Amendment 439 #
Proposal for a directive
Article 7 – paragraph 8
Article 7 – paragraph 8
8. Importers who consider or have reason to believe that a product which they have placed on the market is not in conformity with the requirements referred to in Article 3 shall immediately take the necessary corrective measures to bring that product into conformity, to withdraw it or recall it, if appropriate. Furthermore where the product presents a riskdoes not comply with this Directive, importers 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 450 #
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 inform the manufacturer and the market surveillance authorities and not make the product available on the market until it has been brought into conformity. Furthermore, where the product presents a risk, the distributor shall inform the manufacturer and the market surveillance authorities to that effect.
Amendment 455 #
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 riskfails to conform to this Directive, 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 485 #
Proposal for a directive
Article 12 – paragraph 5
Article 12 – paragraph 5
5. The assessment of whether compliance with accessibility requirements regarding products or services imposes a fundamental alteration or disproportionatexcessive burden shall be performed by the economic operatormarket surveillance authorities, in cooperation with the organisations representing persons with disabilities.
Amendment 532 #
Proposal for a directive
Article 20 – paragraph 1 – subparagraph 1
Article 20 – paragraph 1 – subparagraph 1
Where, on completion of the procedure set out in Article 19(3) and (4), objections are raised against a measure taken by a Member State, or where the Commission considers a national measure to be contrary to Union legislation, the Commission shall without delay enter into consultation with the Member States, and with the organisations representing persons with disabilities and the relevant economic operator or operators, and shall evaluate the national measure. On the basis of the results of that evaluation, the Commission shall decide whether the national measure is justified or not.
Amendment 557 #
Proposal for a directive
Article 25 – paragraph 2 – point b a (new)
Article 25 – paragraph 2 – point b a (new)
(ba) provisions whereby a consumer complaints mechanism is established.
Amendment 588 #
Proposal for a directive
Annex I – Section II – Title
Annex I – Section II – Title
Self-service terminals: Automatic Teller Machines, ticketing machines and, check- in machines and payment terminals
Amendment 631 #
Proposal for a directive
Annex I – Section VI – Part A – point d a (new)
Annex I – Section VI – Part A – point d a (new)
(da) the built environment for the provision of the service shall comply with the requirements laid down in Section X.