26 Amendments of Ádám KÓSA related to 2015/0278(COD)
Amendment 291 #
Proposal for a directive
Recital 44
Recital 44
(44) The CE marking, indicating the conformity of a product with the accessibility requirements of this Directive, is the visible consequence of a whole process comprising conformity assessment in a broad sense. This Directive should follow the general principles governing the CE marking of Regulation (EC) No 765/2008 of the European Parliament and of the Council40 setting out the requirements for accreditation and market surveillance relating to the marketing of product. Member States should exchange good practices regarding the procedures for the evaluation of accessible products and services, and should keep each other informed about the availability of experts in the field of accessible goods and products in cooperation with umbrella organisations operating in the field of accessibility and representing persons with disabilities. __________________ 40 Regulation (EC) No 765/2008 of the European Parliament and of the Council of 9 July 2008 setting out the requirements for accreditation and market surveillance relating to the marketing of products and repealing Regulation (EEC) No 339/93 (OJ L 218, 13/08/2008, p. 30).
Amendment 325 #
Proposal for a directive
Article 2 – paragraph 1 – point 21 a (new)
Article 2 – paragraph 1 – point 21 a (new)
(21a) "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 327 #
Proposal for a directive
Article 2 – paragraph 1 – point 21 b (new)
Article 2 – paragraph 1 – point 21 b (new)
(21b) "assistive technology" means any item, piece of equipment, or product, system that is used to increase, maintain or improve functional capabilities of individuals with disabilities;
Amendment 329 #
Proposal for a directive
Article 2 – paragraph 1 – point 21 c (new)
Article 2 – paragraph 1 – point 21 c (new)
(21c) “access to services” means a service such as audio description, subtitles for the deaf and hard of hearing, and signing that improves the accessibility of audio-visual content for persons with disabilities;
Amendment 331 #
Proposal for a directive
Article 2 – paragraph 1 – point 21 d (new)
Article 2 – paragraph 1 – 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 audio-visual media that cannot be understood from the main soundtrack alone;
Amendment 333 #
Proposal for a directive
Article 2 – paragraph 1 – point 21 e (new)
Article 2 – paragraph 1 – point 21 e (new)
(21e) “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 335 #
Proposal for a directive
Article 2 – paragraph 1 – point 21 f (new)
Article 2 – paragraph 1 – point 21 f (new)
Amendment 337 #
Proposal for a directive
Article 2 – paragraph 1 – point 21 g (new)
Article 2 – paragraph 1 – point 21 g (new)
(21g) “relay services” means phone services operated by interpreter(s) or interpreting software that enable people who are deaf or hard of hearing or who have speech impairment, to communicate by phone through an interpreter (software) with a person who or that can hear/communicate in a manner that is "functionally equivalent" to the ability of an individual without disability;
Amendment 339 #
Proposal for a directive
Article 2 – paragraph 1 – point 21 h (new)
Article 2 – paragraph 1 – point 21 h (new)
(21h) “real time text” means communication using the transmission of the text where characters are transmitted by a terminal as they typed in such a way that the communication is perceived by the user as being continuous;
Amendment 341 #
Proposal for a directive
Article 2 – paragraph 1 – point 21 i (new)
Article 2 – paragraph 1 – point 21 i (new)
(21i) “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 342 #
Proposal for a directive
Article 2 – paragraph 1 – point 21 j (new)
Article 2 – paragraph 1 – point 21 j (new)
(21j) “accommodation services” means services that provide short-term lodging and other hospitality services;
Amendment 350 #
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 these relay services are interoperable with the telephony services.
Amendment 351 #
Proposal for a directive
Article 3 – paragraph 4 – subparagraph 1 b (new)
Article 3 – paragraph 4 – subparagraph 1 b (new)
Member States shall also ensure the availability of audio, video and real-time text communication with national, regional and local emergency services.
Amendment 352 #
Proposal for a directive
Article 3 – paragraph 5 – subparagraph 1 a (new)
Article 3 – paragraph 5 – subparagraph 1 a (new)
By the date set out in Article 27(2), audiovisual media service providers broadcasting in the EU shall make accessible their services as follows: – at least 75% of the overall programming shall include subtitles for the deaf and hard of hear (SDH); – at least 75% of overall programming subtitled into the national language shall include spoken subtitles; – at least 15% of the overall programming shall include audio description; – at least 5% of the overall programming shall include sign language interpretation.
Amendment 356 #
Proposal for a directive
Article 3 – paragraph 7
Article 3 – paragraph 7
7. Banking services, the websites, the mobile device-based banking services, self- service terminals, including Automatic Teller machines used for provision of banking services and payment terminals shall comply with the requirements set out in Section VI of Annex I.
Amendment 358 #
Proposal for a directive
Article 3 – paragraph 9
Article 3 – paragraph 9
9. E-commerce, websites of products and service providers, media and news websites, online platforms and social media falling within the scope of this Directive shall comply with the requirements set out in Section VIII of Annex I.
Amendment 360 #
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 in line with the rules set out in this Directive.
Amendment 370 #
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 thate competent national 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 385 #
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, schedule or knowledge shall not be considered as legitimate excuse to claim the disproportionate burden.
Amendment 389 #
Proposal for a directive
Article 12 – paragraph 5
Article 12 – paragraph 5
5. The assessment of whether compliance with accessibility requirements regarding products or services imposes a fundamental alteration or disproportionate burden shall be performed by the economic operator in cooperation with competent experts on accessibility requirements at the national authority.
Amendment 399 #
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 assessment of the exemptions are established.
Amendment 403 #
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 409 #
Proposal for a directive
Article 19 – paragraph 8 a (new)
Article 19 – paragraph 8 a (new)
8a. To facilitate the exchange of information and best practices amongst the market surveillance authorities and to ensure coherence in the application of the requirements set out in the Directive, the Commission shall establish a working group formed by representatives of the national authorities.
Amendment 454 #
Proposal for a directive
Annex I – row 3 – Section II – column 2 – point 2
Annex I – row 3 – Section II – column 2 – point 2
Amendment 509 #
Proposal for a directive
Annex I – row 8 – Section VII – column 2 – point B – point 2
Annex I – row 8 – Section VII – column 2 – point B – point 2
Amendment 555 #
Proposal for a directive
Annex I – Section IX – Part C – point 1 a (new)
Annex I – Section IX – Part C – point 1 a (new)
1a. The minimum number of accessible rooms per establishment shall be: (a) 1 accessible room for establishments with less than 20 room overall; (b) 2 accessible rooms for establishments with more than 20 but less than 50 rooms; (c) 1 supplementary accessible room for every additional 50 rooms.