Activities of Daniel DALTON related to 2015/0278(COD)
Plenary speeches (1)
Accessibility requirements for products and services (debate)
Amendments (37)
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 211 #
Proposal for a directive
Recital 24 a (new)
Recital 24 a (new)
(24a) This Directive should not, however, change the compulsory or voluntary nature of the provisions in those other legislative acts of the Union such as Article 67 of Directive 2014/24/EU on contract award criteria, which contracting authorities can use to determine the most economically advantageous tender. If deemed linked to the subject matter of the procurement in question, the possibility of social aspects can be included. This Directive should thus ensure that, when accessibility requirements are used in accordance with those other legislative acts of the Union, those requirements are the same across the Union.
Amendment 212 #
Proposal for a directive
Recital 25 a (new)
Recital 25 a (new)
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 255 #
Proposal for a directive
Recital 53 a (new)
Recital 53 a (new)
(53a) However, public contracts for supplies, works or services which are subject to Directive 2014/24/EU or Directive 2014/25/EU, and which were awarded before the date of application of this Directive, should continue to be delivered in accordance with the accessibility requirements, if any, specified in those public contracts.
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 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 3 – introductory part
Article 1 – paragraph 3 – introductory part
3. Chapters I, VI and VII of this Directive apply to the following, in relation to products and services set out in paragraphs 1 and 2 of this Article:
Amendment 307 #
Proposal for a directive
Article 1 – paragraph 3 – point a
Article 1 – paragraph 3 – point a
(a) public contracts and concessions which are subject to Directive 2014/23/EU42 Directive 2014/24/EU and Directive 2014/25/EU. __________________ 42 Directive 2014/23/EU of the European Parliament and of the Council of 26 February 2014 on the award of concession contracts (OJ L 94, 28.3.2014, p. 1)subject to paragraph 3a of this Article, public contracts, including mixed contracts, the object of which is intended for use by natural persons, whether general public or staff of the contracting authority or contracting entity, and that are subject to Directive 2014/24/EU and Directive 2014/25/EU, where technical specifications are drawn up in accordance with those Directives so as to take into account, except in duly justified cases, accessibility criteria for persons with disabilities or design for all users.
Amendment 310 #
Proposal for a directive
Article 1 – paragraph 3 – point a a (new)
Article 1 – paragraph 3 – point a a (new)
(aa) public contracts in accordance with paragraph 3a, where technical specifications related to those contracts are published in a call for competition after the date of application of this Directive, but not in respect of modifications to public contracts where the contract concerned was awarded before that date;
Amendment 311 #
Proposal for a directive
Article 1 – paragraph 3 – point a b (new)
Article 1 – paragraph 3 – point a b (new)
(ab) programmes in accordance with paragraph 3b adopted after the date of application of this Directive, or programming documentation implementing such programmes, to the extent the documentation is published after that date.
Amendment 312 #
Proposal for a directive
Article 1 – paragraph 3 – point a c (new)
Article 1 – paragraph 3 – point a c (new)
(ac) new, rehabilitated and upgraded transport infrastructure in accordance with paragraph 3d for which design or construction starts after the date of application of this Directive.
Amendment 314 #
Proposal for a directive
Article 1 – paragraph 3 – point b
Article 1 – paragraph 3 – point b
(b) the preparation and implementation of programmes under the European Structural and Investment Funds that stipulate that accessibility for persons with disabilities shall be taken into account throughout the preparation and implementation of those programmes, as it is currently stipulated in the Regulation (EU) No 1303/2013 of the European Parliament and of the Council laying down common provisions on the European Regional Development Fund, the European Social Fund, the Cohesion Fund, the European Agricultural Fund for Rural Development and the European Maritime and Fisheries Fund;43 and Regulation (EU) No 1304/2013 of the European Parliament and of the Council.44 __________________ 43 Regulation (EU) No 1303/2013 of the European Parliament and of the Council of 17 December 2013 laying down common provisions on the European Regional Development Fund, the European Social Fund, the Cohesion Fund, the European Agricultural Fund for Rural Development and the European Maritime and Fisheries Fund and laying down general provisions on the European Regional Development Fund, the European Social Fund, the Cohesion Fund and the European Maritime and Fisheries Fund and repealing Council Regulation (EC) No 1083/2006 ( OJ L 347, 20.12.2013, p. 320). 44 Regulation (EU) No 1304/2013 of the European Parliament and of the Council of 17 December 2013 on the European Social Fund and repealing Council Regulation (EC) No 1081/2006.
Amendment 322 #
Proposal for a directive
Article 1 – paragraph 3 a (new)
Article 1 – paragraph 3 a (new)
3a. This Directive shall be without prejudice to Union and national legislation on copyright and related rights.
Amendment 324 #
Proposal for a directive
Article 1 – paragraph 3 b (new)
Article 1 – paragraph 3 b (new)
3b. This Directive is without prejudice to provisions in the following Union legislation when relating to accessibility contained in the Regulation (EC) 1371/2007 with regard to providing certain information on the accessibility of rail services upon request and with regard to providing tickets; Regulation (EU) 1300/2014 with regard to establishment of the technical specification for interoperability relating to certain elements of accessibility of the Union's rail system for persons with disabilities and persons with reduced mobility; Regulation (EU) 454/2011 on the technical specification for interoperability relating to the subsystem 'telematics applications for passenger services' of the trans-European rail system; Regulation (EU) 181/2011 with regard to providing certain information on access conditions to be provided to passengers; and Regulation (EU) 1177/2010 providing certain information on access conditions to be provided to passengers, and Regulation (EU) 1107/2006 with regard to providing the information therein indicated when travelling by air. This Directive complements those Regulations by providing for additional accessibility requirements concerning aspects that are not covered by those regulations.
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 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 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 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 5 – paragraph 2 – subparagraph 1
Article 5 – paragraph 2 – subparagraph 1
Amendment 399 #
Proposal for a directive
Article 5 – paragraph 2 – subparagraph 1
Article 5 – paragraph 2 – subparagraph 1
Manufacturers shall draw up the technical documentation in accordance with Annex II and carry out the conformity assessment procedure set out in that Annex or have it carried outocument how it has reached relevant functional criteria set out in Annex I on the basis of the intended purpose of its product. Manufacturers can determine how to document accordance with Annex I. This could include listing standards used to reach the functional criteria or detailed information on how the functional criteria were fulfilled or to what degree their products fulfil the criteria. Where not relevant to the intended use or achievability of technology an explanation can be provided.
Amendment 400 #
Proposal for a directive
Article 5 – paragraph 2 – subparagraph 2
Article 5 – paragraph 2 – subparagraph 2
Amendment 406 #
Proposal for a directive
Article 5 – paragraph 3
Article 5 – paragraph 3
3. Manufacturers shall ensure that procedures are in place for series production to remain in conformitydocumented. Changes in product design or characteristics and changes in the harmonised standards or in other technical specifications and by reference to which conformity of a product is declaredto which the product refers to shall be adequately taken into account.
Amendment 415 #
Proposal for a directive
Article 5 – paragraph 8
Article 5 – paragraph 8
8. Manufacturers who consider or have reason to believe that a product which they have placed on the market is not in conformity with this Directive shall immediately take the necessary corrective measures to bring that product into conformity, or to withdraw it or recall it, if appropriate. Furthermore, where the product presents a risk related to accessibilityis not in conformity with this Directive, manufacturers 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 418 #
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 conformityaccordance 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 by products which they have placed on the market and to ensure complito ensure accordance with the requirements referred to in Article 3.
Amendment 427 #
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 is accompanied by the required documentsmanufacturers have documented how it has reached relevant functional criteria set out in Annex I on the basis of the intended purpose of its product and that the manufacturer has complied with the requirements set out in Article 5(2), (5) and (6).
Amendment 434 #
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 idoes not in conformity withmeet the accessibility requirements referred to in Article 3, he shall not place the product on the market until it has been brought into conformitymeets the requirements. Furthermore, where the product presents a risk, the importer shall inform the manufacturer and the market surveillance authorities to that effect.
Amendment 436 #
Proposal for a directive
Article 7 – paragraph 7
Article 7 – paragraph 7
Amendment 438 #
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 risk, 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 449 #
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 it 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 458 #
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 idoes not in conformity withmeet the requirements of this Directive shall make sure that the necessary corrective measures are taken to bring that product into conformityaccordance, 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 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.