188 Amendments of Vilija BLINKEVIČIŪTĖ related to 2015/0278(COD)
Amendment 164 #
Proposal for a directive
Citation 1 a (new)
Citation 1 a (new)
Having regard to the Charter of Fundamental Rights of the European Union, in particular Article 26 thereof,
Amendment 165 #
Proposal for a directive
Recital 1
Recital 1
(1) The purpose of this Directive is to contribute to the proper functioning of the internal market by approximating laws, regulations and administrative provisions of the Member States, by eliminating barriers to the free movement of certain accessible products and services This will increase the availiability of accessible products and services on the internal market.
Amendment 170 #
Proposal for a directive
Recital 3
Recital 3
(3) The disparities between the laws and administrative measures adopted by the Member States in relation to accessibility of products and services for persons with functional limitations includingand persons with disabilities create barriers to the free movement of such products and services and distort effective competition in the internal market. Economic operators, in particular small and medium-sized enterprises (SMEs), are particularly affected by those barriers.
Amendment 174 #
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, freedom of movement of products and services, free movement of persons and mobility, 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 179 #
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 182 #
Proposal for a directive
Recital 16
Recital 16
(16) Products and services falling within the scope of this Directive are the result of a screening exercise, carried out during the preparation of the Impact Assessment that identified those relevant products and services for persons with functional limitations, includingolder persons and persons with disabilities and older persons, for which Member States have adopted or are likely to adopt diverging national accessibility requirements.
Amendment 189 #
Proposal for a directive
Recital 18
Recital 18
(18) It is necessary to introduce the accessibility requirements which enable all people to fully use the products and services and infrastructure, including the built environment, covered by this Directive 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.
Amendment 193 #
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 as well as the built environment connected to the provision of those products and services which fall within the scope of this Directive in order to ensure their free circulation in the internal market.
Amendment 198 #
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. In addition, it proposes to establishes the basis for a monitoring and reporting methodology of the compliance of the relevant websites and mobile applications 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 and mobile applications, 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 which are not covered by that Directive, fall under (EU) 2016/2102 fall within 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 202 #
Proposal for a directive
Recital 23
Recital 23
(23) In some situations,Without common accessibility requirements of the built environment would facilitate the free movement of the related services and ofconnected to products and services, any accessibility standards of goods and services cannot be effective in ensuring accessibility for persons with disabilities. . Therefore, this Directive enablesshould oblige Member States to include the built environment used in the provision of the products and services under the scope of this Directive, ensuring compliance with the accessibility requirements set in Annex X.
Amendment 225 #
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 burden 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. Only legitimate reasons should 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. Lack of priority, time or knowledge should not be considered as legitimate reasons.
Amendment 228 #
Proposal for a directive
Recital 37
Recital 37
(37) This Directive should follow the principle of 'think small first' and shouldbe wide- reaching, while also takeing account of the administrative burdens that SMEs are faced with. It should set lightprecise and effective rules in terms of conformity assessment and should establish safeguard clauses for economic operators, rather than providing for general exceptions and derogations for those enterpriseseconomic operators could invoke safeguard clauses under exceptional circumstances only, rather than providing for general exceptions and derogations for those enterprises. Exceptions to the rules of conformity assessment should be interpreted restrictively. 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.
Amendment 232 #
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 or to specify needs of persons with functional limitations and persons with disabilities, the Commission should be able adopt, in cooperation with organisations representing persons with disabilities, implementing acts establishing common technical specifications for the accessibility requirements set in this Directive.
Amendment 235 #
Proposal for a directive
Recital 2
Recital 2
(2) The demand for accessible products and services is high and the number of citizens with disabilities and/or functional limitations will increase significantly with the ageing of the European Union's population. An environment where products and services are more accessible allows for a more inclusive society and facilitatesis a prerequisite for independent living.
Amendment 243 #
Proposal for a directive
Recital 45
Recital 45
(45) In accordance with Regulation (EC) No 765/2008 by affixing the CE marking to a product, the manufacturer declares that the product is in conformity with all applicable accessibility requirements and that he takes full responsibility therefor. The manufacturer should add a clear reference to accessibility next to the CE marking in order to better inform consumers.
Amendment 249 #
Proposal for a directive
Recital 9
Recital 9
(9) This Directive respects the fundamental rights and observes the principles recognised in particular by the Charter of Fundamental Rights of the European Union. In particular, this Directive seeks to ensure full respect for the rights of persons with disabilities and older persons to benefit from measures designed to ensure their independence, social and occupational integration and participation in the life of the community and to promote the application of Articles 25 and 26 of the Charter of Fundamental Rights of the European Union.
Amendment 250 #
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 persons with disabilities and the relevant economic operators, to act at an earlier stage in respect of such products.
Amendment 256 #
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 257 #
Proposal for a directive
Article 1 – title
Article 1 – title
Subject matter and scope
Amendment 258 #
Proposal for a directive
Article 1 – paragraph -1 (new)
Article 1 – paragraph -1 (new)
-1. In order to improve the functioning of the internal market, this Directive aims at approximating the laws, regulations and administrative provisions of the Member States, by eliminating barriers to the free movement of certain accessible products and services.
Amendment 260 #
Proposal for a directive
Recital 16
Recital 16
(16) Products and services falling within the scope of this Directive are the result of a screening exercise, carried out during the preparation of the Impact Assessment that identified those relevant products and services for persons with functional limitations, including and persons with disabilities and older persons, for which Member States have adopted or are likely to adopt diverging national accessibility requirements.
Amendment 263 #
Proposal for a directive
Article 1 – paragraph 1 – point b – introductory part
Article 1 – paragraph 1 – point b – introductory part
(b) the following self-service terminals, including:
Amendment 264 #
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 selecwhich enable all people to fully use the products and services and infrastructure covered by this Directive in the least burdensome manner for the economic operators and the Member Stateds.
Amendment 268 #
Proposal for a directive
Article 1 – paragraph 1 – point b – point iii a (new)
Article 1 – paragraph 1 – point b – point iii a (new)
(iiia) payment terminals.
Amendment 269 #
Proposal for a directive
Recital 23
Recital 23
(23) In some situations,Without common accessibility requirements of the built environment would facilitate the free movement of the related services and ofconnected to products and services, any accessibility standards of goods and services cannot be effective in ensuring accessibility for persons with disabilities. Therefore, this Directive enablesobliges the Member States to include the built environment used in the provision of the products and services under the scope of this Directive, ensuring compliance with the accessibility requirements set in Annex X.
Amendment 275 #
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 __________________ 1a https://documents-dds- ny.un.org/doc/UNDOC/GEN/G14/033/13/ PDF/G1403313.pdf?OpenElement.
Amendment 277 #
Proposal for a directive
Article 1 – paragraph 1 – point da (new)
Article 1 – paragraph 1 – point da (new)
(da) e-book readers.
Amendment 286 #
Proposal for a directive
Recital 37
Recital 37
(37) This Directive should follow the principle of 'think small first' and shouldbe wide- reaching, while also takeing account of the administrative burdens that SMEs are faced with. It should set lightprecise and effective rules in terms of conformity assessment and should establish safeguard clauses for economic operators, rather than providing for general exceptions and derogations for those enterpriseseconomic operators could invoke safeguard clauses under exceptional circumstances only, rather than providing for general exceptions and derogations for those enterprises. Exceptions to the rules of conformity assessment should be interpreted restrictively. 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.
Amendment 293 #
Proposal for a directive
Article 1 – paragraph 2 – point d
Article 1 – paragraph 2 – point d
(d) banking and payment services;
Amendment 296 #
Proposal for a directive
Article 1 – paragraph 1 – point a a (new)
Article 1 – paragraph 1 – point a a (new)
(aa) household appliances operated by user interface with ICT technology;
Amendment 297 #
Proposal for a directive
Article 1 – paragraph 1 – point b – point ii a (new)
Article 1 – paragraph 1 – point b – point ii a (new)
(iia) parking ticket vending machines;
Amendment 297 #
Proposal for a directive
Article 1 – paragraph 2 – point e
Article 1 – paragraph 2 – point e
(e) e-books and e-book readers;
Amendment 302 #
Proposal for a directive
Article 1 – paragraph 2 – point f a (new)
Article 1 – paragraph 2 – point f a (new)
(fa) websites and mobile device-based services of postal, energy and insurance providers.
Amendment 304 #
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 307 #
Proposal for a directive
Article 1 – paragraph 2 – point f
Article 1 – paragraph 2 – point f
(f) e-commerce, websites of products and services providers, media and news websites, online platforms and social media as well as website and mobile device-based parts of services of general interest.
Amendment 312 #
Proposal for a directive
Article 1 – paragraph 3 a (new)
Article 1 – paragraph 3 a (new)
3a. Member States may maintain or introduce measures in conformity with Union law which go beyond the minimum requirements for accessibility established by this Directive.
Amendment 318 #
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 320 #
Proposal for a directive
Article 2 – paragraph 1 – point 2
Article 2 – paragraph 1 – 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 people, 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, including and persons with disabilities where this is needed;
Amendment 322 #
Proposal for a directive
Article 2 – paragraph 1 – point 5 a (new)
Article 2 – paragraph 1 – point 5 a (new)
(5a) "service provider" means any natural or legal person in the Union, as referred to in Article 56 of the Treaty on the functioning of the European Union and established in a Member State, who offers or provides a service falling under the scope of this Directive;
Amendment 326 #
Proposal for a directive
Article 2 – paragraph 1 – point 21 a (new)
Article 2 – paragraph 1 – point 21 a (new)
(21a) "assistive technology" means any item, piece of equipment or product system that is used to increase, maintain, or improve functional capabilities of individuals with functional limitations, persons with disabilities and older persons;
Amendment 328 #
Proposal for a directive
Article 2 – paragraph 1 – point 21 b (new)
Article 2 – paragraph 1 – point 21 b (new)
(21b) "access service" means a service such as audio description, subtitles for the deaf and hard of hearing, and signing that improves the accessibility of audiovisual content for persons with disabilities;
Amendment 328 #
Proposal for a directive
Article 2 – point 1
Article 2 – point 1
(1) “accessible products and services” are products and services that are perceptible, operable and, understandable and robust for persons with functional limitations, including and persons with disabilities, on an equal basis with others;
Amendment 330 #
Proposal for a directive
Article 2 – paragraph 1 – point 21 c (new)
Article 2 – paragraph 1 – point 21 c (new)
(21c) "audio description" means additional audible narrative, interleaved with the dialogue, which describes the significant aspects of the visual content of audio-visual media that cannot be understood from the main soundtrack alone;
Amendment 332 #
Proposal for a directive
Article 2 – paragraph 1 – point 21 d (new)
Article 2 – paragraph 1 – point 21 d (new)
(21d) "subtitles for the deaf and hard of hearing" or SDH means synchronized visual text alternatives for both speech and non-speech audio information needed to understand the media content;
Amendment 334 #
Proposal for a directive
Article 2 – paragraph 1 – point 21 e (new)
Article 2 – paragraph 1 – point 21 e (new)
(21e) "spoken subtitles or audio subtitles" means read aloud of subtitles in the national language when the audio speech is in a different language;
Amendment 335 #
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 people, 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, including and persons with disabilities where this is needed;
Amendment 336 #
Proposal for a directive
Article 2 – paragraph 1 – point 21 f (new)
Article 2 – paragraph 1 – point 21 f (new)
(21f) "relay services" means phone services operated by interpreters that enable people who are deaf or hard of hearing or who have a speech impairment, to communicate by phone through an interpreter with a person who can hear in a manner that is "functionally equivalent" to the ability of an individual without a disability;
Amendment 338 #
Proposal for a directive
Article 2 – paragraph 1 – point 21 g (new)
Article 2 – paragraph 1 – point 21 g (new)
(21g) "real time text" means communication using the transmission of text where characters are transmitted by a terminal as they are typed in such a way that the communication is perceived by the user as being continuous;
Amendment 340 #
Proposal for a directive
Article 2 – paragraph 1 – point 21 h (new)
Article 2 – paragraph 1 – point 21 h (new)
(21h) "authoring tool" means any software or collection of software components that can be used by authors, alone or collaboratively, to create or modify content for use by others including other authors;
Amendment 345 #
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 machine, parking ticket vending machines, check-in machines and payment terminals shall comply with the requirements set out in Section II of Annex I.
Amendment 347 #
Proposal for a directive
Article 2 – point 21 a (new)
Article 2 – point 21 a (new)
(21a) "assistive technology" means any item, piece of equipment, or product system that is used to increase, maintain, or improve functional capabilities of individuals with functional limitations, and persons with disabilities and older people;
Amendment 349 #
Proposal for a directive
Article 3 – paragraph 4 – subparagraph 1 a (new)
Article 3 – paragraph 4 – subparagraph 1 a (new)
Member States shall ensure the availability of at least one text based relay service and one video based relay service, within the entire territory of the Member State and continuously, in consultation with users' organisations, including organisations representing persons with disabilities, and that these relay services are interoperable with the telephony services. Member States shall also ensure the availability of audio, video and real-time text communication (Total Conversation) with national, regional and local emergency services.
Amendment 349 #
Proposal for a directive
Article 2 – point 21 b (new)
Article 2 – point 21 b (new)
(21b) "specific access service" means a service such as audio description, subtitles for the deaf and hard of hearing, and signing that improves the accessibility of audiovisual content, namely programs, for persons with disabilities;
Amendment 350 #
Proposal for a directive
Article 2 – point 21 c (new)
Article 2 – point 21 c (new)
(21c) "Subtitles for deaf persons and hard of hearing (SDH) persons" means synchronized visual text alternatives for both speech and non-speech audio information needed to understand the media content;
Amendment 351 #
Proposal for a directive
Article 2 – point 21 d (new)
Article 2 – point 21 d (new)
(21d) "audio description" means additional audible narrative, interleaved with the dialogue, which describes the significant aspects of the visual content of audiovisual media that cannot be understood from the main soundtrack alone;
Amendment 352 #
Proposal for a directive
Article 2 – point 21 e (new)
Article 2 – point 21 e (new)
(21e) "spoken subtitles or audio subtitles" means read aloud of subtitles in the national language when the audio speech is in a different language;
Amendment 353 #
Proposal for a directive
Article 2 – point 21 f (new)
Article 2 – point 21 f (new)
(21f) "relay services" means phone services operated by interpreters that enable people who are deaf or hard of hearing or who have a speech impairment, to communicate by phone through an interpreter with a person who can hear in a manner that is "functionally equivalent" to the ability of an individual without a disability;
Amendment 354 #
Proposal for a directive
Article 2 – point 21 g (new)
Article 2 – point 21 g (new)
(21g) "real time text" means communication using the transmission of text where characters are transmitted by a terminal as they are typed in such a way that the communication is perceived by the user as being continuous;
Amendment 357 #
Proposal for a directive
Article 3 – paragraph 9
Article 3 – paragraph 9
9. E-commerce, websites of products and services providers, media and news websites, online platforms and social media as well as website and mobile device-based parts of services of general interest shall comply with the requirements set out in Section VIII of Annex I.
Amendment 359 #
Proposal for a directive
Article 3 – paragraph 2
Article 3 – paragraph 2
2. General purpose computer hardware and operating systems and e- books readers shall comply with the requirements set out in Section I of Annex I.
Amendment 361 #
Proposal for a directive
Article 3 – paragraph 9 – subparagraph 1 a (new)
Article 3 – paragraph 9 – subparagraph 1 a (new)
The user-generated content is exempted from the requirements set out in Section VIII of Annex I, whilst the available authoring tools shall be accessible for persons with disabilities and shall facilitate the creation of accessible content.
Amendment 364 #
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, 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 and persons with disabilities.
Amendment 365 #
Proposal for a directive
Article 3 – paragraph 3
Article 3 – paragraph 3
3. The following self-service terminals: Automatic Teller Machines, ticketing machines, payment terminals and check-in machines shall comply with the requirements set out in Section II of Annex I.
Amendment 376 #
Proposal for a directive
Article 3 – paragraph 7
Article 3 – paragraph 7
7. Banking services,and payment services, including the websites, the mobile device- based banking and payment services, self- service terminals, including payment terminals and Automatic Teller machines used for provision of banking and payment services shall comply with the requirements set out in Section VI of Annex I.
Amendment 381 #
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 381 #
Proposal for a directive
Article 3 – paragraph 8
Article 3 – paragraph 8
8. E-books and e-book readers shall comply with the requirements set out in Section VII of Annex I.
Amendment 387 #
Proposal for a directive
Article 12 – paragraph 4
Article 12 – paragraph 4
4. The burden shall not be deemed disproportionate where it is compensated by funding from other sources than the economic operator’'s own resources, whether public or private. Lack of priority, time or knowledge shall not be considered as legitimate reasons to claim the disproportionate burden.
Amendment 387 #
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 as well as any other service or place for the purchase of any of the products included in this Directive shall comply with the accessibility requirements of Annex I, section X, in order to maximise their use by persons with functional limitations, including and persons with disabilities.
Amendment 391 #
Proposal for a directive
Article 12 – paragraph 5
Article 12 – paragraph 5
5. The initial assessment of whether compliance with accessibility requirements regarding products or services imposes a fundamental alteration or disproportionate burden shall be performed by the economic operator.
Amendment 394 #
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. Microenterprises are exempted from this notification requirement but must be able to supply the relevant documentation upon request from a relevant market surveillance authorityIn 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.
Amendment 397 #
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 402 #
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 404 #
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. They shall include an additional clear reference to accessibility.
Amendment 413 #
Proposal for a directive
Article 5 – paragraph 7
Article 5 – paragraph 7
7. Manufacturers shall ensure that the product is accompanied by instructions and safety information in a language which can be easily understood by consumers and end-users, as determined by the Member State concerned. The provision of instructions and safety information to consumers should be done in accessible and multiple formats.
Amendment 415 #
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 418 #
Proposal for a directive
Article 22 – paragraph 3
Article 22 – paragraph 3
3. The assessment of whether compliance with accessibility requirements referred to in Article 21 imposes a disproportionate burden shall be performed by the competent authorities concerned. Lack of priority, time or knowledge shall not be considered as legitimate reasons to claim a disproportionate burden.
Amendment 421 #
Proposal for a directive
Article 22 – paragraph 4
Article 22 – paragraph 4
4. Where a competent authority has used the exception provided for in paragraphs 1, 2 and 3 for a specific product or service it shall notify the Commission thereof. The notification shall include the assessment referred to in paragraph 2 and it shall be made available to the public in accessible formats.
Amendment 422 #
Proposal for a directive
Article 22 – paragraph 4 a (new)
Article 22 – paragraph 4 a (new)
4a. If the Commission has reasons to doubt the decision of the competent authority concerned, the Commission may request the working group referred to in Article 19(8a), to verify the assessment referred to in paragraph 2 of this Article and issue an opinion.
Amendment 424 #
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 by products which they have placed on the market and to ensure compliance with the requirements referred to in Article 3.
Amendment 427 #
Proposal for a directive
Article 25 – paragraph 2 – point b a (new)
Article 25 – paragraph 2 – point b a (new)
(ba) provisions whereby a comprehensive and adequately resourced complaints mechanism for consumers is established to complement a system of implementation and monitoring.
Amendment 433 #
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
Amendment 436 #
Proposal for a directive
Annex I – row 2 – Section I – column 2 – point 1
Annex I – row 2 – Section I – column 2 – point 1
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; (ii) mustshall be understandable; (iii) mustshall be perceivable; (iv) 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; (v) shall be made available in accessible web format and electronic non- web documents by making them perceivable, operable, understandable and robust. (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 and its compatibility with assistive technologies; (c) the product instructions for use, installation and maintenance, storage and disposal of the product, whether provided separately or integrated within 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; non-electronic formats upon request. The alternative non-electronic formats may include large print, Braille, or easy-to- read text. (d) the user interface of the product (handling, controls and feedback, input and output) in accordance with point 2; (e) the functionality of the product by providing functions aimed to address the needs of persons with functional limitations, in accordance with point 2; (f) the interfacing of the product with assistiveproduct shall provide compatibility with a variety of assistive devices and technologies available at Union and international level, including hearing technologies, such as hearing aids, telecoils, cochlear implants, and assistive listening devices.
Amendment 437 #
Proposal for a directive
Annex I – row 2 – Section I – column 2 – point 1 a (new)
Annex I – row 2 – Section I – column 2 – point 1 a (new)
1a. Support services: Where available, support services (help desks, call centres, technical support, relay services and training services) shall provide information on the accessibility of the product and its compatibility with assistive technologies, in accessible modes of communication for users with functional limitations, including persons with disabilities.
Amendment 439 #
Proposal for a directive
Annex I – row 2 – Section I – column 2 – point 2
Annex I – row 2 – Section I – 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 (d) and (e) of point 1 they mustshall be designed, where applicable, as follows: (a) provide for communication and orientation via more than one sensory channel; (b) provide for alternatives to speech 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) provide for sequential control and alternatives to fine motor control including: (i) where the product provides visual modes of communication and operation, the product shall provide at least one mode of information and operation that does not require vision, (ii) where the product provides auditory modes of information and operation, the product shall provide at least one mode of information and operation that does not require hearing; (b) provide for alternatives to speech for communication and orientation, where the product requires vocal input from users, the product shall provide at least one mode of operation that does not require the users to generate orally- generated sounds like speech, whistles or clicks; (c) where the product provides visual modes of communication and operation, provide for features that enable users to make better use of their limited vision, including by providing flexible magnification without loss of content or functionality, flexible contrast and brightness, and where possible, it should include flexible ways to separate and control foreground from background visual elements and flexible control over the field of vision required; (d) provide for a visual mode of operation that does not require user perception of colour; (e) provide for user control of volume and enhanced audio features to improve audio clarity, including flexible ways to separate and control foreground from background sound where voice and background are available as separate audio streams; provide for user control of volume; (f) provide for sequential control and alternatives to fine motor control, including where the product requires manual actions, the product shall provide features that enable users to make use of the product through alternative modes of operation not requiring fine motor control like manipulation or hand strength, nor operation of more than one control at the same time; (hg) provide for modes of operation with limited reach and strength, including where product is free-standing or installed, the informational and operational elements shall be located within standard accessible reach ranges or it shall be possible for a user to place it within reach; (ih) provide avoidance of triggering photosensitive seizures; where the product provides visual modes of information, the product shall provide at least one mode of information that minimizes the potential for triggering photosensitive seizures; (i) provide for features that make its communication and user operation simpler and easier to use; (j) where the product provides features that are provided for accessibility, the users’ privacy shall be maintained when using those features.
Amendment 440 #
Proposal for a directive
Annex I – row 2 – Section I – column 2 – point 2 a (new)
Annex I – row 2 – Section I – column 2 – point 2 a (new)
2a. Support services: Where available, support services (help desks, call centres, technical support, relay services and training services) shall provide information on the accessibility of the product and its compatibility with assistive technologies, in accessible modes of communication for users with functional limitations, including persons with disabilities.
Amendment 441 #
Proposal for a directive
Annex I – row 3 – Section II – column 1 – title
Annex I – row 3 – Section II – column 1 – title
Self-service terminals: Automatic Teller Machines, payment terminals, parking ticket vending machines, ticketing machines and check- in machines
Amendment 443 #
Proposal for a directive
Annex I – row 3 – Section II – column 2 – point 1 – introductory part
Annex I – row 3 – Section II – column 2 – point 1 – introductory part
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:
Amendment 444 #
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 provided in accessible web format and electronic non-web document:
Amendment 446 #
Proposal for a directive
Annex I – row 3 – Section II – column 2 – point 1 – point a – point i
Annex I – row 3 – Section II – column 2 – point 1 – point a – point i
(i) mustshall be available by more than one sensory channel;
Amendment 446 #
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 by products which they have placed on the market.
Amendment 447 #
Proposal for a directive
Annex I – row 3 – Section II – column 2 – point 1 – point a – point ii
Annex I – row 3 – Section II – column 2 – point 1 – point a – point ii
(ii) mustshall be understandable;
Amendment 448 #
Proposal for a directive
Annex I – row 3 – Section II – column 2 – point 1 – point a – point iii
Annex I – row 3 – Section II – column 2 – point 1 – point a – point iii
(iii) mustshall be perceivable;
Amendment 449 #
Proposal for a directive
Annex I – row 3 – Section II – column 2 – point 1 – point a – point iii a (new)
Annex I – row 3 – Section II – column 2 – point 1 – point a – point iii a (new)
(iiia) shall list and explain how to activate and use the accessibility features of the product and its compatibility with assistive technologies;
Amendment 450 #
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 452 #
Proposal for a directive
Annex I – row 3 – Section II – column 2 – point 1 – point d
Annex I – row 3 – Section II – column 2 – point 1 – point d
(d) the interfacing of the product with assistive deviceproduct shall provide compatibility with assistive devices and technologies, including hearing technologies, such as hearing aids, telecoils, cochlear implants, and assistive listening devices. The product shall also allow for the use of personal headsets.
Amendment 456 #
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, and: (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 magnification and contrastsound, 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; (fe) (g) provide for sequential control and alternatives to fine motor control; (h) with limited reach and strength; (i) provide avoidance of triggering photosensitive seizures.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 modes of operation
Amendment 460 #
Proposal for a directive
Annex I – row 4 – Section III – column 2 – point A – point 1 – point b – point i
Annex I – row 4 – Section III – column 2 – point A – point 1 – point b – point i
(i) the information content shall be made available in text formats that can be used to generate alternative assistive formats to be presented in different ways by the users and via more than one sensory channelaccessible web format and electronic non- web document by making them perceivable, operable, understandable and robust in accordance with point (c);
Amendment 462 #
Proposal for a directive
Annex I – row 4 – Section III – column 2 – point A – point 1- point b – point ii
Annex I – row 4 – Section III – column 2 – point A – point 1- point b – point ii
Amendment 463 #
Proposal for a directive
Annex I – row 4 – Section III – column 2 – point A – point 1- point b – point ii a (new)
Annex I – row 4 – Section III – column 2 – point A – point 1- point b – point ii a (new)
(iia) shall list and explain how to use the accessibility features of the service in combination with the related terminal equipment, and its compatibility with assistive technologies;
Amendment 463 #
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 by products which they have made available on the market.
Amendment 464 #
Proposal for a directive
Annex I – row 4 – Section III – column 2 – point A – point 1- point b – point iii
Annex I – row 4 – Section III – column 2 – point A – point 1- point b – point iii
Amendment 464 #
Proposal for a directive
Article 8 – paragraph 6 a (new)
Article 8 – paragraph 6 a (new)
6a. Distributors shall ensure proper and continuous training of personnel to be knowledgeable in how to use accessible products and deliver accessible services. That training shall cover issues such as information provision, advice and advertising.
Amendment 465 #
Proposal for a directive
Annex I – row 4 – Section III – column 2 – point A – point 1 – point b – point iii a (new)
Annex I – row 4 – Section III – column 2 – point A – point 1 – point b – point iii a (new)
(iiia) shall be provided on alternative non-electronic formats upon request. The alternative non-electronic formats may include large print, Braille, or easy-to- read text.
Amendment 468 #
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 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 robust way which facilitates interoperability with a variety of user agents and assistive technologies available at Union and international level;
Amendment 470 #
Proposal for a directive
Article 11 – paragraph 4
Article 11 – paragraph 4
4. Service providers shall, further to a reasoned request from a competent authority, provide it with all information necessary to demonstrate the conformity of the service with the accessibility requirements referred to in Article 3. They shall cooperate with those authorities, at their request, on any action taken to bring the service in conformity with those requirements.
Amendment 471 #
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 472 #
Proposal for a directive
Article 11 – paragraph 4 a (new)
Article 11 – paragraph 4 a (new)
4a. Even if a service, or part of a service, is subcontracted to a third party, the accessibility of that service should not be compromised and the obligations of this Directive shall apply.
Amendment 473 #
Proposal for a directive
Article 11 – paragraph 4 b (new)
Article 11 – paragraph 4 b (new)
4b. Service providers shall ensure proper and continuous training of personnel to be knowledgeable in how to use accessible products and services. That training shall cover issues such as information provision, advice and advertising.
Amendment 474 #
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 limitationdisabilities: (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 this 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; (iii) where a service supports two-way communication and this system 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.
Amendment 475 #
Proposal for a directive
Annex I – row 4 – Section III – column 2 – point B – point 1- introductory part
Annex I – row 4 – Section III – column 2 – point B – point 1- introductory part
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:
Amendment 476 #
Proposal for a directive
Annex I – row 4 – Section III – column 2 – point B – point 1 – point a – point ii
Annex I – row 4 – Section III – column 2 – point B – point 1 – point a – point ii
(ii) mustshall be understandable;
Amendment 477 #
Proposal for a directive
Annex I – row 4 – Section III – column 2 – point B – point 1 – point a – point iii
Annex I – row 4 – Section III – column 2 – point B – point 1 – point a – point iii
(iii) mustshall be perceivable;
Amendment 477 #
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 functional limitations and persons with disabilities, taking into account the frequency and duration of use of the specific product or service.
Amendment 478 #
Proposal for a directive
Annex I – row 4 – Section III – column 2 – point B – point 1- point a – point iv
Annex I – row 4 – Section III – column 2 – point B – point 1- point a – point iv
(iv) shall have an adequate size of fonts in foreseeable usand type of fonts with sufficient contrast between the characters and their background in order to maximise its readability in foreseeable conditions of use;
Amendment 479 #
Proposal for a directive
Annex I – row 4 – Section III – column 2 – point B – point 1 – point a – point iv a (new)
Annex I – row 4 – Section III – column 2 – point B – point 1 – point a – point iv a (new)
(iva) shall be made available in accessible web format and electronic non- web documents by making them perceivable, operable, understandable and robust.
Amendment 480 #
Proposal for a directive
Annex I – row 4 – Section III – column 2 – point B – point 1 – point b
Annex I – row 4 – Section III – column 2 – point B – point 1 – point b
(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 and its compatibility with assistive technologies;
Amendment 481 #
Proposal for a directive
Annex I – row 4 – Section III – column 2 – point B – point 1 – point c – introductory part
Annex I – row 4 – Section III – column 2 – point B – point 1 – point c – introductory part
(c) the product instructions for use, installation and maintenance, storage and disposal of the product, whether provided separately or integrated within the product, which shall comply with the following:
Amendment 482 #
Proposal for a directive
Annex I – row 4 – Section III – column 2 – point B – point 1 – point c – point i
Annex I – row 4 – Section III – column 2 – point B – point 1 – point c – point i
Amendment 483 #
Proposal for a directive
Annex I – row 4 – Section III – column 2 – point B – point 1 – point c – point i a (new)
Annex I – row 4 – Section III – column 2 – point B – point 1 – point c – point i a (new)
(ia) shall be made available in accessible web format and electronic non- web document by making them perceivable, operable, understandable and robust;
Amendment 484 #
Proposal for a directive
Annex I – row 4 – Section III – column 2 – point B – point 1 – point c – point ii
Annex I – row 4 – Section III – column 2 – point B – point 1 – point c – point ii
Amendment 485 #
Proposal for a directive
Annex I – row 4 – Section III – column 2 – point B – point 1 – point c – point ii a (new)
Annex I – row 4 – Section III – column 2 – point B – point 1 – point c – point ii a (new)
(iia) 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;
Amendment 486 #
Proposal for a directive
Annex I – row 4 – Section III – column 2 – point B – point 1 – point c – point ii b (new)
Annex I – row 4 – Section III – column 2 – point B – point 1 – point c – point ii b (new)
(iib) shall be provided on alternative non-electronic formats upon request. The alternative non-electronic formats may include large print, Braille, or easy-to- read;
Amendment 487 #
Proposal for a directive
Annex I – row 4 – Section III – column 2 – point B – point 1 – point f
Annex I – row 4 – Section III – column 2 – point B – point 1 – point f
(f) the interfacing of the product with assistiveproduct shall provide compatibility with a variety of assistive devices and technologies available at Union and international level, including hearing technologies, such as hearing aids, telecoils, cochlear implants, and assistive listening devices.
Amendment 488 #
Proposal for a directive
Annex I – row 4 – Section III – column 2 – point B – point 2
Annex I – row 4 – Section III – column 2 – point B – 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 in accordance with section I, point 2, as well as: (a) the product shall be able to encode and decode two-way voice communication with high-fidelity audio; (b) the product supporting two-way voice communication shall also allow a user to communicate with an onother user by Real Time Text (RTT), so RTT can be usensd standalone ory channeombined with voice on the same call; (bc) provide for alternatives to speech for communication and orientation; (c) provide for flexible magnification and contrast; (d) prowhere the product interoperates for two-way voice communication within a specific network, it shall also interoperate in real-time text on the same voice call using the real-time text format specified for that network; (d) where the product that provides two-way voice communication includes real-time video 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) photosensitive seizures;unctionality, the product shall support a video resolution that allows users to communicate using sign language and lip-reading; (e) where the product delivers output by an audio transducer, the product shall provide a means for effective wireless coupling to hearing technologies, such as hearing aids, telecoils, cochlear implants, and assistive listening devices, and shall reduce interferences with these hearing technologies to the lowest possible level; provide for user control of volume; provide for sequential control and provide for modes of operation provide avoidance of triggering
Amendment 491 #
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. Microenterprises are exempted from this notification requirement but must be able to supply the relevant documentation upon request from a relevant market surveillance authority. The market surveillance authority shall systematically verify the assessment for such an exemption to be granted.
Amendment 495 #
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 organisations representing persons with disabilities and the market surveillance authorities to ensure that adequate principles for the assessment of the exemptions are established to make sure they are coherent.
Amendment 497 #
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 and SMEs to facilitate the implementation of this Directive. The procedures and guidelines shall be developed in consultation with relevant stakeholders, including organisations representing persons with disabilities.
Amendment 499 #
Proposal for a directive
Article 14 – paragraph 2 a (new)
Article 14 – paragraph 2 a (new)
2a. Relevant stakeholders, including organisations representing persons with disabilities, shall be consulted systematically as part of the procedure for the adoption of implementing acts.
Amendment 502 #
Proposal for a directive
Article 15 – paragraph 4 a (new)
Article 15 – paragraph 4 a (new)
4a. In addition to the EU declaration of conformity, a notice on the packaging shall inform consumers in a simple and precise way that the product incorporates accessibility features.
Amendment 510 #
Proposal for a directive
Annex I – row 9 – Section VIII – column 1 – title
Annex I – row 9 – Section VIII – column 1 – title
E-commerce, websites of products and services providers, media and news websites, online platforms and social media as well as website and mobile device-based parts of services of general interest
Amendment 512 #
Proposal for a directive
Annex I – row 9 – Section VIII – column 2 – point A – point 1 – point a – point i
Annex I – row 9 – Section VIII – column 2 – point A – point 1 – point a – point i
Amendment 513 #
Proposal for a directive
Annex I – row 9 – Section VIII – column 2 – point A – point 1 – point a – point i a (new)
Annex I – row 9 – Section VIII – column 2 – point A – point 1 – point a – point i a (new)
(ia) shall be made available in accessible web format by making them perceivable, operable, understandable and robust in accordance with point (b);
Amendment 514 #
Proposal for a directive
Annex I – row 9 – Section VIII – column 2 – point A – point 1 – point a – point ii
Annex I – row 9 – Section VIII – column 2 – point A – point 1 – point a – point ii
Amendment 515 #
Proposal for a directive
Annex I – row 9 – Section VIII – column 2 – point A – point 1 – point a – point ii a (new)
Annex I – row 9 – Section VIII – column 2 – point A – point 1 – point a – point ii a (new)
(iia) shall list and explain how to use the accessibility features of the service and its complementarity with a variety of assistive technologies.
Amendment 516 #
Proposal for a directive
Annex I – row 9 – Section VIII – column 2 – point A – point 1- point a – point iii
Annex I – row 9 – Section VIII – column 2 – point A – point 1- point a – point iii
Amendment 517 #
Proposal for a directive
Annex I – row 9 – Section VIII – column 2 – point A – point 1 – point b
Annex I – row 9 – Section VIII – column 2 – point A – point 1 – point b
(b) making websites 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 robust way which facilitates interoperability with a variety of user agents and assistive technologies available at Union and international level;
Amendment 520 #
Proposal for a directive
Annex I – row 9 – Section VIII – column 2 – point A – point 1 – point b a (new)
Annex I – row 9 – Section VIII – column 2 – point A – point 1 – point b a (new)
(ba) making mobile-based services including mobile applications needed for the provision of e-commerce services 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 521 #
Proposal for a directive
Annex I – row 9 – Section VIII – column 2 – point A – point 1 – point b b (new)
Annex I – row 9 – Section VIII – column 2 – point A – point 1 – point b b (new)
(bb) electronic identification, security and payment methods needed for the provision of the service shall be understandable, perceivable, operable and robust without undermining the security and privacy of the user.
Amendment 522 #
Proposal for a directive
Annex I – row 9 – Section VIII – column 2 – point A – point 1 a (new)
Annex I – row 9 – Section VIII – column 2 – point A – point 1 a (new)
1a. Support services: Where available, support services (help desks, call centres, technical support, relay services and training services) shall provide information on the accessibility of the product and its compatibility with assistive technologies, in accessible modes of communication for users with functional limitations, including persons with disabilities.
Amendment 524 #
Proposal for a directive
Annex I – Section IX – Part A – point 1 – introductory part
Annex I – Section IX – Part A – point 1 – introductory part
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:
Amendment 525 #
Proposal for a directive
Annex I – Section IX – part A – point 1 – point a – point i
Annex I – Section IX – part A – point 1 – point a – point i
(i) mustshall be available by more than one sensory channel;
Amendment 526 #
Proposal for a directive
Annex I – Section IX – part A – point 1 – point a – point ii
Annex I – Section IX – part A – point 1 – point a – point ii
(ii) mustshall be understandable;
Amendment 527 #
Proposal for a directive
Annex I – Section IX – part A – point 1 – point a – point iii
Annex I – Section IX – part A – point 1 – point a – point iii
(iii) mustshall be perceivable;
Amendment 528 #
Proposal for a directive
Annex I – Section IX – part A – point 1 – point a – point iv
Annex I – Section IX – part A – point 1 – point a – point iv
(iv) shall have an adequate size of fonts in foreseeable usand type of fonts with sufficient contrast between the characters and their background in order to maximise its readability in foreseeable conditions of use;
Amendment 529 #
Proposal for a directive
Annex I – Section IX – part A – point 1 – point a – point iv a (new)
Annex I – Section IX – part A – point 1 – point a – point iv a (new)
(iva) shall be made available in accessible web format and electronic non- web documents by making them perceivable, operable, understandable and robust.
Amendment 530 #
Proposal for a directive
Annex I – Section IX – part A – point 1 – point b
Annex I – Section IX – part A – point 1 – point b
(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 1(a); (ii) shall in a simple and precise way inform the users that the product incorporates accessibility features and its compatibility with assistive technologies;
Amendment 531 #
Proposal for a directive
Annex I – Section IX – part A – point 1 – point c – introductory part
Annex I – Section IX – part A – point 1 – point c – introductory part
(c) the product instructions for use, installation and maintenance, storage and disposal of the product, whether provided separately or integrated within the product, which shall comply with the following:
Amendment 532 #
Proposal for a directive
Annex I – Section IX – part A – point 1 – point c – point i
Annex I – Section IX – part A – point 1 – point c – point i
(i) 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, andaccessible web format and electronic non- web document by making them perceivable, operable, understandable and robust;
Amendment 533 #
Proposal for a directive
Annex I – Section IX – part A – point 1 – point c – point ii
Annex I – Section IX – part A – point 1 – point c – point ii
(ii) instructions shall provide alternashall list and explain how to use the accessibility features of the product and its compatibility with a variety of assistives to non-text contentechnologies available at Union and international level;
Amendment 534 #
Proposal for a directive
Annex I – Section IX – part A – point 1 – point c – point ii a (new)
Annex I – Section IX – part A – point 1 – point c – point ii a (new)
(iia) shall be provided on alternative non-electronic formats upon request. The alternative non-electronic formats may include large print, Braille, or easy-to- read text.
Amendment 535 #
Proposal for a directive
Annex I – Section IX – part A – point 1 – point f a (new)
Annex I – Section IX – part A – point 1 – point f a (new)
(fa) the product shall provide compatibility with a variety of assistive devices and technologies available at Union and international level, including hearing technologies, such as hearing aids, telecoils, cochlear implants, and assistive listening devices.
Amendment 536 #
Proposal for a directive
Annex I – Section IX – part A – point 2 – title
Annex I – Section IX – part A – point 2 – title
Amendment 537 #
Proposal for a directive
Annex I – Section IX – part A – point 2 – introductory part
Annex I – Section IX – part A – point 2 – introductory part
In order to make accessible the design of the products and their user interface as referred to in points (d) and (e) of point 1 they mustshall be designed, where applicable, as follows:
Amendment 538 #
Proposal for a directive
Annex I – Section IX – part A – point 2 – point a
Annex I – Section IX – part A – point 2 – point a
(a) provide for communication and orientation via more than one sensory channel including: (i) where the product provides visual modes of communication and operation, the product shall provide at least one mode of information and operation that does not require vision, (ii) where the product provides auditory modes of information and operation, the product shall provide at least one mode of information and operation that does not require hearing;
Amendment 539 #
Proposal for a directive
Annex I – Section IX – part A – point 2 – point b
Annex I – Section IX – part A – point 2 – point b
(b) provide for alternatives to speech for communication and orientation. Where the product requires vocal input from users, the product shall provide at least one mode of operation that does not require the users to generate orally- generated sounds like speech, whistles or clicks;
Amendment 540 #
Proposal for a directive
Annex I – Section IX – part A – point 2 – point c
Annex I – Section IX – part A – point 2 – point c
(c) provide for flexible magnification and contrast; where the product provides visual modes of communication and operation, provide for features that enable users to make better use of their limited vision, including by providing flexible magnification without loss of content or functionality, flexible contrast and brightness, and where possible, it shall include flexible ways to separate and control foreground from background visual elements and flexible control over the field of vision required;
Amendment 541 #
Proposal for a directive
Annex I – Section IX – part A – point 2 – point d
Annex I – Section IX – part A – point 2 – point d
(d) provide for an alt visual mode of opernative colour to convey informationon that does not require user perception of colour;
Amendment 542 #
Proposal for a directive
Annex I – Section IX – part A – point 2 – point e
Annex I – Section IX – part A – point 2 – point e
(e) provide for flexible ways to separate and control foreground from background including for reducing background noise and improve clarityuser control of volume and enhanced audio features to improve audio clarity, including flexible ways to separate and control foreground from background sound where voice and background are available as separate audio streams;
Amendment 543 #
Proposal for a directive
Annex I – Section IX – part A – point 2 – point f
Annex I – Section IX – part A – point 2 – point f
Amendment 543 #
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 functional limitations and persons with disabilities, taking into account the frequency and duration of use of the specific product or service;
Amendment 544 #
Proposal for a directive
Annex I – Section IX – part A – point 2 – point g
Annex I – Section IX – part A – point 2 – point g
(g) provide for sequential control and alternatives to fine motor control, including where the product requires manual actions, the product shall provide features that enable users to make use of the product through alternative modes of operation not requiring fine motor control like manipulation or hand strength, nor operation of more than one control at the same time;
Amendment 545 #
Proposal for a directive
Annex I – Section IX – part A – point 2 – point h
Annex I – Section IX – part A – point 2 – point h
(h) provide for modes of operation with limited reach and strength, including where product is free-standing or installed, the informational and operational elements shall be located within standard accessible reach ranges or it shall be possible for a user to place it within reach;
Amendment 546 #
Proposal for a directive
Annex I – Section IX – part A – point 2 – point h a (new)
Annex I – Section IX – part A – point 2 – point h a (new)
(ha) provide for features that make its communication and user operation simpler and easier to use;
Amendment 547 #
Proposal for a directive
Annex I – Section IX – part A – point 2 – point h b (new)
Annex I – Section IX – part A – point 2 – point h b (new)
(hb) where the product provides features that are provided for accessibility, the users' privacy shall be maintained when using those features;
Amendment 547 #
Proposal for a directive
Article 22 – paragraph 4
Article 22 – paragraph 4
4. Where a competent authority has used the exception provided for in paragraphs 1, 2 and 3 for a specific product or service it shall notify the Commission thereof. The notification shall include the assessment referred to in paragraph 2 and it shall be made available to the public in accessible formats.
Amendment 548 #
Proposal for a directive
Annex I – Section IX – part A – point 2 – point i
Annex I – Section IX – part A – point 2 – point i
(i) provide avoidance ofwhere the product provides visual modes of information, the product shall provide at least one mode of information that minimizes the potential for triggering photosensitive seizures.;
Amendment 549 #
Proposal for a directive
Annex I – Section IX – part B – point 1 – point e
Annex I – Section IX – part B – point 1 – point e
(e) making websites 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 robust way which facilitates interoperability with a variety of user agents and assistive technologies available at Union and international level;
Amendment 550 #
Proposal for a directive
Annex I – Section IX – part B – point 1 – point e a (new)
Annex I – Section IX – part B – point 1 – point e a (new)
(ea) making mobile-based services including mobile applications needed for the provision of the services 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 551 #
Proposal for a directive
Annex I – Section IX – part B – point 1 – point f
Annex I – Section IX – part B – point 1 – point f
(f) providing accessible information to facilitate complementarities with assistive services and technologies, including hearing technologies, such as hearing aids, telecoils, cochlear implants, and assistive listening devices;
Amendment 553 #
Proposal for a directive
Annex I – Section IX – part C – point 1 – point a
Annex I – Section IX – part C – point 1 – point a
(a) use of related outdoor areas and facilities under the responsibility of the service provider;
Amendment 554 #
Proposal for a directive
Annex I – Section IX – part C – point 1 – point b
Annex I – Section IX – part C – point 1 – point b
(b) approaches to buildings under the responsibility of the service provider;
Amendment 555 #
Proposal for a directive
Article 25 – paragraph 2 – point b a (new)
Article 25 – paragraph 2 – point b a (new)
(ba) provisions whereby a comprehensive and adequately resourced complaints mechanism for consumers is established to complement a system of implementation and monitoring.
Amendment 561 #
Proposal for a directive
Article 26 – paragraph 2
Article 26 – paragraph 2
2. The penalties provided for shall be effective, proportionate and dissuasive enough to not constitute an alternative for the economic operators from not conforming their products or services to the accessibility requirements laid down in this Directive.
Amendment 568 #
Proposal for a directive
Article 27 – paragraph 2
Article 27 – paragraph 2
2. They shall apply those provisions from [… insert date - six years after the entry into force of this Directive].:
Amendment 569 #
Proposal for a directive
Article 27 – paragraph 2 – point a (new)
Article 27 – paragraph 2 – point a (new)
(a) ... [three years after the date of entry into force of this Directive] for products and services referred to in Article 1;
Amendment 570 #
Proposal for a directive
Article 27 – paragraph 2 – point b (new)
Article 27 – paragraph 2 – point b (new)
(b) ... [ten years after the date of entry into force of this Directive] for provisions linked to the built environment referred to in Article 3(10).
Amendment 571 #
Proposal for a directive
Article 27 – paragraph 5
Article 27 – paragraph 5
5. Member States using the possibility provided for in Article 3(10) shall communicate to the Commission the text of the main provisions of national law which they adopt to that end and shall report to the Commission on the progress made in their implementation.
Amendment 575 #
Proposal for a directive
Article 28 – paragraph 1
Article 28 – paragraph 1
1. The report shall, based on the notifications received, assess whether this Directive has achieved its objectives, in particular with regard to enhancing the free circulation of accessible products and services. It shall, inter alia, address in the light of social, economic and technological developments and the level of compliance with this Directive, the evolution of the accessibility of products and services and the need to include or exclude new products and services under the scope of the Directive. The Commission shall also evaluate the functioning of Articles 12 and 22 and their impact on economic operators and persons with disabilities, identifying where possible, areas for burden reduction, with a view to assessing the need to review this Directive.
Amendment 659 #
Proposal for a directive
Annex I – Section IX – Part A – point 1
Annex I – Section IX – Part A – point 1
Amendment 660 #
Proposal for a directive
Annex I – Section IX – Part A – point 1 – point 1 – introductory part
Annex I – Section IX – Part A – point 1 – point 1 – introductory part
Amendment 675 #
Proposal for a directive
Annex I – Section IX – Part A – point 2
Annex I – Section IX – Part A – point 2
Amendment 687 #
Proposal for a directive
Annex I – Section IX – Part B – point 1 – point e
Annex I – Section IX – Part B – point 1 – point e
(e) making websites 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 robust way which facilitates interoperability with a variety of user agents and assistive technologies available at Union and international level;
Amendment 688 #
Proposal for a directive
Annex I – Section IX – Part B – point 1 – point e a (new)
Annex I – Section IX – Part B – point 1 – point e a (new)
(ea) making mobile-based services including mobile applications needed for the provision of the services 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 689 #
Proposal for a directive
Annex I – Section IX – Part B – point 1 – point f
Annex I – Section IX – Part B – point 1 – point f
(f) providing accessible information to facilitate complementarities with assistive services; and technologies, including hearing technologies, such as hearing aids, telecoils, cochlear implants, and assistive listening devices.
Amendment 692 #
Proposal for a directive
Annex I – Section X – title
Annex I – Section X – title
SECTION X - ACCESSIBILITY REQUIREMENTS FOR THE PURPOSE OF ARTICLE 3(10) CONCERNING THE BUILT ENVIRONMENT WHERE THE PRODUCTS AND SERVICES UNDER THE SCOPE OF THIS DIRECTIVE ISARE PROVIDED
Amendment 693 #
Proposal for a directive
Annex I – Section X – point a
Annex I – Section X – point a
(a) use of related outdoor areas and facilities under the responsibility of the service provider;
Amendment 694 #
Proposal for a directive
Annex I – Section X – point b
Annex I – Section X – point b
(b) approaches to buildings under the responsibility of the service provider;
Amendment 695 #
Proposal for a directive
Annex I – Section X – point g
Annex I – Section X – point g
(g) use of equipment and facilities used in the provision of the product or service;