52 Amendments of Rosa ESTARÀS FERRAGUT related to 2015/0278(COD)
Amendment 67 #
Proposal for a directive
Recital 18
Recital 18
(18) It is necessary to introduce the accessibility requirements in the most effective and 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 100 #
Proposal for a directive
Recital 42 a (new)
Recital 42 a (new)
(42a) When carrying out market surveillance of products, market surveillance authorities should review the assessment in cooperation with persons with disabilities and their organizations.
Amendment 103 #
Proposal for a directive
Recital 48
Recital 48
(48) Member States are expected to ensure that market surveillance authorities check the compliance of the economic operators with the criteria referred to in Article 12 (3) in accordance with Chapter V and that they hold regular consultations with organizations representing persons with disabilities.
Amendment 104 #
Proposal for a directive
Recital 48 a (new)
Recital 48 a (new)
(48a) National databases containing all relevant information on the degree of accessibility of the products and services listed in Article 1 (1) and (2) would allow a better inclusion in the market surveillance of people with functional limitations, including people with disabilities and their organizations.
Amendment 106 #
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 organizations representing persons with disabilities and the relevant economic operators, to act at an earlier stage in respect of such products.
Amendment 165 #
Proposal for a directive
Recital 2 a (new)
Recital 2 a (new)
(2a) Women and girls with disabilities are subject to multiple forms of discrimination. Member States should take measures to ensure the full and equal enjoyment of all fundamental rights and freedoms.
Amendment 173 #
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 comply with the accessibility requirements of Annex I, section X, in order to maximise their use by persons with functional limitations, including persons with disabilities.
Amendment 180 #
Proposal for a directive
Article 5 – paragraph 9
Article 5 – paragraph 9
9. Manufacturers shall, further to a reasoned request from a provide competent national authority, provide ities with all the information and documentation necessary to demonstrate the conformity of the product, in a language which can be easily understood by thate authority concerned. 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 181 #
Proposal for a directive
Article 7 – paragraph 9
Article 7 – paragraph 9
9. Importers shall, further to a reasoned request from a provide competent national authority, provide ities with all the information and documentation necessary to demonstrate the conformity of a product in a language which can be easily understood by thate authority concerned. 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 182 #
Proposal for a directive
Article 8 – paragraph 6
Article 8 – paragraph 6
6. Distributors shall, further to a reasoned request from a provide competent national authority, provide ities with all the information and documentation necessary to demonstrate the conformity of a product. They shall cooperate with thate authority concerned, at its request, on any action taken to eliminate the risks posed by products which they have made available on the market.
Amendment 182 #
Proposal for a directive
Recital 18
Recital 18
(18) It is necessary to introduce the accessibility requirements in the most effective and 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 185 #
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 provide competent national authorities 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 191 #
Proposal for a directive
Recital 18
Recital 18
(18) It is necessary to introduce the accessibility requirements in the most effective and 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 198 #
Proposal for a directive
Article 17 – paragraph 3
Article 17 – paragraph 3
3. Member States shall ensure that information held by market surveillance authorities concerning the compliance of economic operators with the applicable accessibility requirements set out in Article 3 and the assessment of the exceptions provided for in Article 12, is made available to consumers upon request and in an accessible format, except where that information cannot be provided for reasons of confidentiality as provided for in Article 19(5) of Regulation (EC) No 765/2008.
Amendment 201 #
Proposal for a directive
Article 18 a (new)
Article 18 a (new)
Amendment 207 #
Proposal for a directive
Recital 42 a (new)
Recital 42 a (new)
(42a) When carrying out market surveillance of products, market surveillance authorities should review the conformity assessment in cooperation with persons with disabilities and organisations of persons with disabilities.
Amendment 209 #
Proposal for a directive
Recital 48
Recital 48
(48) Member States are expected to ensure that market surveillance authorities check the compliance of the economic operators with the criteria referred to in Article 12 (3) in accordance with Chapter V and that they regularly consult organisations representing persons with disabilities.
Amendment 210 #
Proposal for a directive
Recital 48 a (new)
Recital 48 a (new)
(48a) National databases containing all relevant information on the degree of accessibility of the products and services listed in Article 1(1) and (2) should allow for a better inclusion of people with functional limitations, including people with disabilities and their organisations, in the market surveillance of products.
Amendment 212 #
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 whichwhereby 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 220 #
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, adequately resourced, consumer complaints mechanism is established to complement a system of implementation and monitoring.
Amendment 222 #
Proposal for a directive
Article 26 – paragraph 2
Article 26 – paragraph 2
2. The penalties provided for shall be effective, proportionate and dissuasive, but not serve as an alternative to the fulfilment by economic operators of their obligation to make their products or services accessible.
Amendment 224 #
Proposal for a directive
Article 26 – paragraph 4 a (new)
Article 26 – paragraph 4 a (new)
4a. The proceeds collected from the imposition of penalties shall be re- invested in accessibility-related measures.
Amendment 229 #
Proposal for a directive
Article 27 – paragraph 2
Article 27 – paragraph 2
2. They shall apply those provisions from [… insert date - sixfive years after the entry into force of this Directive].
Amendment 233 #
Proposal for a directive
Article 28 – paragraph 1
Article 28 – paragraph 1
By […insert date - fivthree years after the application of this Directive], and every fivthree years thereafter, the Commission shall submit to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions a report on the application of this Directive.
Amendment 236 #
Proposal for a directive
Recital 42 a (new)
Recital 42 a (new)
(42a) When carrying out market surveillance of products, market surveillance authorities should review the assessment in cooperation with persons with disabilities and their organizations
Amendment 245 #
Proposal for a directive
Recital 48
Recital 48
(48) Member States are expected to ensure that market surveillance authorities check the compliance of the economic operators with the criteria referred to in Article 12 (3) in accordance with Chapter V and that they hold regular consultations with organizations representing persons with disabilities.
Amendment 245 #
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 comply with the accessibility requirements of Annex I, section X, in order to maximise their use by persons with functional limitations, including persons with disabilities.
Amendment 246 #
Proposal for a directive
Recital 48 a (new)
Recital 48 a (new)
(48a) National databases containing all relevant information on the degree of accessibility of the products and services listed in Article 1(1) and (2) would allow a better inclusion in the market surveillance of people with functional limitations, including people with disabilities, and their organizations.
Amendment 251 #
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 organizations representing persons with disabilities and the relevant economic operators, to act at an earlier stage in respect of such products.
Amendment 252 #
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 261 #
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 267 #
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 273 #
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 293 #
Proposal for a directive
Article 17 – paragraph 3
Article 17 – paragraph 3
3. Member States shall ensure that information held by market surveillance authorities concerning the compliance of economic operators with the applicable accessibility requirements set out in Article 3 and the assessment of the exceptions provided for in Article 12, is made available to consumers upon request and in an accessible format, except where that information cannot be provided for reasons of confidentiality as provided for in Article 19(5) of Regulation (EC) No 765/2008.
Amendment 298 #
Proposal for a directive
Article 18 a (new)
Article 18 a (new)
Article 18 a Member States shall create and update regularly a national database containing all relevant information on the degree of accessibility of the products and services listed in Article 1(1) and (2). National databases shall be accessible to all citizens and stake holders.
Amendment 317 #
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 resourced consumer complaints mechanism is established to complement a system of implementation and monitoring.
Amendment 318 #
Proposal for a directive
Article 26 – paragraph 2
Article 26 – paragraph 2
2. The penalties provided for shall be effective, proportionate and dissuasive but shall not constitute an alternative for the economic actor as regards the fulfilment of its responsibilities to make its products or services accessible.
Amendment 320 #
Proposal for a directive
Article 26 – paragraph 4 a (new)
Article 26 – paragraph 4 a (new)
4a. Income deriving from penalties shall be re-invested in accessibility-related measures.
Amendment 323 #
Proposal for a directive
Article 27 – paragraph 2
Article 27 – paragraph 2
2. They shall apply those provisions from [… insert date - sixfive years after the entry into force of this Directive].
Amendment 324 #
Proposal for a directive
Article 28 – paragraph 1
Article 28 – paragraph 1
By […insert date - fivthree years after the application of this Directive], and every fivthree years thereafter, the Commission shall submit to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions a report on the application of this Directive.
Amendment 392 #
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 comply with the accessibility requirements of Annex I, section X, in order to maximise their use by persons with functional limitations, including persons with disabilities.
Amendment 420 #
Proposal for a directive
Article 5 – paragraph 9
Article 5 – paragraph 9
9. Manufacturers shall, further to a reasoned request from a provide competent national authority, provide ities with all the information and documentation necessary to demonstrate the conformity of the product, in a language which can be easily understood by thate authority concerned. 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 442 #
Proposal for a directive
Article 7 – paragraph 9
Article 7 – paragraph 9
9. Importers shall, further to a reasoned request from a provide competent national authority, provide ities with all the information and documentation necessary to demonstrate the conformity of a product in a language which can be easily understood by thate authority concerned. 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 460 #
Proposal for a directive
Article 8 – paragraph 6
Article 8 – paragraph 6
6. Distributors shall, further to a reasoned request from a provide competent national authority, provide ities with all the information and documentation necessary to demonstrate the conformity of a product. They shall cooperate with thate authority concerned, at its request, on any action taken to eliminate the risks posed by products which they have made available on the market.
Amendment 469 #
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 provide competent national authorities 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 506 #
Proposal for a directive
Article 17 – paragraph 3
Article 17 – paragraph 3
3. Member States shall ensure that information held by market surveillance authorities concerning the compliance of economic operators with the applicable accessibility requirements set out in Article 3 and the assessment of the exceptions provided for in Article 12, is made available to consumers upon request and in an accessible format, except where that information cannot be provided for reasons of confidentiality as provided for in Article 19(5) of Regulation (EC) No 765/2008.
Amendment 510 #
Proposal for a directive
Article 18 a (new)
Article 18 a (new)
Article 18 a National databases Each Member State shall create and regularly update a national database, accessible to all citizens and stakeholders, containing, all relevant information on the degree of accessibility of the products and services listed in Article 1(1) and (2).
Amendment 556 #
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 , adequately resourced consumer complaints mechanism is established to complement a system of implementation and monitoring.
Amendment 562 #
Proposal for a directive
Article 26 – paragraph 2
Article 26 – paragraph 2
2. The penalties provided for shall be effective, proportionate and dissuasive, but not serve as an alternative to the fulfilment by economic operators of their obligation to make their products or services accessible.
Amendment 564 #
Proposal for a directive
Article 26 – paragraph 4 a (new)
Article 26 – paragraph 4 a (new)
4a. The proceeds collected from the imposition of penalties shall be re- invested in accessibility-related measures.
Amendment 567 #
Proposal for a directive
Article 27 – paragraph 2
Article 27 – paragraph 2
2. They shall apply those provisions from [… insert date - sixfive years after the entry into force of this Directive].
Amendment 573 #
Proposal for a directive
Article 28 – introductory part
Article 28 – introductory part
By […insert date - fiv... [three years after the application of this Directive], and every fivthree years thereafter, the Commission shall submit to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions a report on the application of this Directive.