65 Amendments of Birgit COLLIN-LANGEN related to 2015/0278(COD)
Amendment 169 #
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 certain products and services for persons with functional limitations including 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 181 #
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 persons with disabilities and older persons, for which Member States have adopted or are likely to adopt diverging national accessibility requirements.
Amendment 196 #
Proposal for a directive
Recital 21
Recital 21
(21) The Commission’s proposal for a DirectiveDirective (EU) 2016/2012 of the European Parliament and of the Council34 includes accessibility requirements for all public sector bodies’ websites and mobile applications. Nevertheless, that Directive includes a specific liset of public sector bodies’ websitesexceptions because making certain content of websites and certain types of websites fully accessible creates a disproportionate burden. 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 application, the accessibility requirements set out in this Directive should be aligned to those of the proposed Directive on the accessibility of public sector bodies’ websitesDirective (EU) 2016/2012. Activities of ecommerce of public sector websites not covered by that Directive, fall under the scope of this proposalDirective, in order to ensure that the online sale of products and services is accessible for persons with disabilities and older persons, irrespective of their public or private sale. __________________ 34 Proposal for a DirectiveDirective (EU) 2016/2012 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 205 #
Proposal for a directive
Recital 23
Recital 23
(23) In somemany situations, common accessibility requirements of the built environment would facilitate the free movement of the related services and of persons with disabilities. Therefore, this Directive enables Member States to include the built environment used in the provision of the services under the scope of this Directive, ensuring compliance with the accessibility requirements set in Annex X. The accessibility requirements should however only be applicable when constructing new infrastructure or undertaking significant renovations.
Amendment 216 #
Proposal for a directive
Recital 29
Recital 29
(29) Economic operators should, in cooperation with national authorities, be responsible for the compliance of products and services, in relation to their respective roles in the supply chain, so as to ensure a high level of protection of accessibility and to guarantee fair competition on the Union market.
Amendment 235 #
Proposal for a directive
Recital 40 a (new)
Recital 40 a (new)
(40a) With a view to establishing common technical specifications and harmonised standards meeting the accessibility requirements for the products and services in the most efficient way the Commission should involve European umbrella organisations of persons with disabilities and all other relevant stakeholders in the decision making process where feasible .
Amendment 239 #
Proposal for a directive
Recital 44
Recital 44
Amendment 241 #
Proposal for a directive
Recital 45
Recital 45
Amendment 254 #
Proposal for a directive
Recital 53 a (new)
Recital 53 a (new)
(53a) In order to allow service providers sufficient time to adapt to requirements laid down by this Directive, it is necessary to provide for a transitional period of six years after the date of application of this Directive, during which products used for the provision of a service which were placed on the Union market before that date do not need to comply with the accessibility requirements pursuant to this Directive.
Amendment 274 #
Proposal for a directive
Article 1 – paragraph 1 – point d
Article 1 – paragraph 1 – point d
(d) consumer terminal equipment with advanced computing capability related to audio-visual media services.
Amendment 281 #
Proposal for a directive
Article 1 – paragraph 2 – point b
Article 1 – paragraph 2 – point b
(b) audiovisual media services and related consumer equipment with advanced computing capabilitythe architecture of websites and mobile applications of audio-visual media services;
Amendment 295 #
Proposal for a directive
Article 1 – paragraph 2 – point e
Article 1 – paragraph 2 – point e
(e) e-books and related equipment;
Amendment 309 #
Proposal for a directive
Article 1 – paragraph 3 – point a
Article 1 – paragraph 3 – point a
(a) public contracts and concessions which are subject to Directive 2014/23/EU42 Directive 2014/24/EU and Directive 2014/25/EU, designed or constructed after the date of application of this Directive without changing the compulsory or voluntary nature of the provisions. __________________ 42 Directive 2014/23/EU of the European Parliament and of the Council of 26 February 2014 on the award of concession contracts (OJ L 94, 28.3.2014, p. 1)
Amendment 326 #
Proposal for a directive
Article 1 a (new)
Article 1 a (new)
Article 1a Exclusion of microenterprises Member States may exclude from the application of this Directive microenterprises because of their size, resources and the nature of those economic operators.
Amendment 327 #
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 for persons with functional limitations, including personswhich are usable for people with disabilities, on an equal basis with others in a general manner and without substantial external help;
Amendment 334 #
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 and as far as technically possible, without the need for adaptation or specialised design; “universal design” does not exclude assistive devicesthe need to connect assistive devices such as third- party provider applications, peripheral devices, software, or hardware to the particular product in order to make it accessible for particular groups of persons with functional limitations, including persons with disabilities where this is needed;
Amendment 344 #
Proposal for a directive
Article 2 – point 19
Article 2 – point 19
Amendment 348 #
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, whether acquired commercially, modified, or customized, that is used to increase, maintain, or improve functional capabilities of persons with disabilities;
Amendment 361 #
Proposal for a directive
Article 3 – paragraph 3
Article 3 – paragraph 3
(3) The followingAn appropriate number of self- service terminals: Automatic Teller Machines, ticketing machines and check-in machines shall comply with the requirements set out in Section II of Annex I shall comply with the requirements set out in Section II of Annex I: automatic Teller Machines, ticketing machines and check-in machines.
Amendment 369 #
Proposal for a directive
Article 3 – paragraph 5
Article 3 – paragraph 5
5. Audiovisual media services and the related consumer equipment with advanced computing capabilityConsumer terminal equipment in relation to audiovisual media services as well as the architecture of websites and mobile applications of audio-visual media services shall comply with the requirements set out in Section IV of Annex I.
Amendment 372 #
Proposal for a directive
Article 3 – paragraph 6
Article 3 – paragraph 6
(6) An appropriate number of air, bus, rail and waterborne passenger transport services, the websites, the mobile device- based services, smart ticketing and real- time information and Sself-service terminals, ticketing machines and check-in machines used for provision of passenger transport services shall comply with the corresponding requirements set out in Section V of Annex I.
Amendment 375 #
Proposal for a directive
Article 3 – paragraph 7
Article 3 – paragraph 7
(7) BAn appropriate number of banking services, the websites, the mobile device- based banking services, self- service terminals, including Automatic Teller machines used for provision of banking services shall comply with the requirements set out in Section VI of Annex I.
Amendment 380 #
Proposal for a directive
Article 3 – paragraph 8
Article 3 – paragraph 8
8. E-books and related equipment shall comply with the requirements set out in Section VII of Annex I.
Amendment 389 #
Proposal for a directive
Article 3 – paragraph 10
Article 3 – paragraph 10
10. Member States may decide, in the light of national conditions, 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 only as regards to the construction of new infrastructure and substantial renovations 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 402 #
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.
Amendment 408 #
Proposal for a directive
Article 5 – paragraph 4
Article 5 – paragraph 4
4. Manufacturers shall keep a register of complaints, of non-conforming products and products recalls, and shall keep distributors informed of any such monitoring.
Amendment 416 #
Proposal for a directive
Article 5 – paragraph 8
Article 5 – paragraph 8
8. Manufacturers who consider or have reason to believe that a product which they have placed on the market is not in conformity with this Directive shall immediately take the necessary corrective measures to bring that product into conformity, to withdraw it or recall it, if appropriate. Furthermore, where the product presents a risk related to accessibilityfor security or health, manufacturers shall immediately inform the competent national authorities of the Member States in which they made the product available to that effect, giving details, in particular, of the non-compliance and of any corrective measures taken.
Amendment 423 #
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 bynon- conformity of products which they have placed on the market and to ensure compliance with the requirements referred to in Article 3.
Amendment 429 #
Proposal for a directive
Article 7 – paragraph 2
Article 7 – paragraph 2
2. Before placing a product on the market importers shall ensure that the conformity assessment procedure set out in Annex II has been carried out by the manufacturer. They shall ensure that the manufacturer has drawn up the technical documentation required by that Annex, that ithe product bears the CE marking and is accompanied by the required documents and that the manufacturer has complied with the requirements set out in Article 5(5) and (6).
Amendment 433 #
Proposal for a directive
Article 7 – paragraph 3
Article 7 – paragraph 3
3. Where an importer considers or has reason to believe that a product is not in conformity with the accessibility requirements referred to in Article 3, he shall not place the product on the market until it has been brought into conformity. Furthermore, where the product presents a risk for security or health, the importer shall inform the manufacturer and the market surveillance authorities to that effect.
Amendment 437 #
Proposal for a directive
Article 7 – paragraph 7
Article 7 – paragraph 7
7. Importers shall keep a register of complaints, of non-conforming products and product recalls, and shall keep distributors informed of such monitoring.
Amendment 440 #
Proposal for a directive
Article 7 – paragraph 8
Article 7 – paragraph 8
8. Importers who consider or have reason to believe that a product which they have placed on the market is not in conformity with the requirements referred to in Article 3 shall immediately take the necessary corrective measures to bring that product into conformity, to withdraw it or recall it, if appropriate. Furthermore where the product presents a risk for security or health, importers shall immediately inform the competent national authorities of the Member States in which they made the product available to that effect, giving details, in particular, of the non-compliance and of any corrective measures taken.
Amendment 448 #
Proposal for a directive
Article 8 – paragraph 2
Article 8 – paragraph 2
2. Before making a product available on the market distributors shall verify that the product bears the CE marking, that it is accompanied by the required documents and by instructions and information in a language which can be easily understood by consumers and other end-users in the Member State in which the product is to be made available on the market and that the manufacturer and the importer have complied with the requirements set out in Article 5(5) and (6) and Article 7(4).
Amendment 453 #
Proposal for a directive
Article 8 – paragraph 3
Article 8 – paragraph 3
3. Where a distributor considers or has reason to believe that a product is not in conformity with the accessibility requirements referred to in Article 3, they shall not make the product available on the market until it has been brought into conformity. Furthermore, where the product presents a risk for security or health, the distributor shall inform the manufacturer and the market surveillance authorities to that effect.
Amendment 457 #
Proposal for a directive
Article 8 – paragraph 5
Article 8 – paragraph 5
5. Distributors who consider or have reason to believe that a product which they have made available on the market is not in conformity with this Directive shall make sure that the necessary corrective measures are taken to bring that product into conformity, to withdraw it or recall it, if appropriate. Furthermore, where the product presents a risk for security or health, distributors shall immediately inform the competent national authorities of the Member States in which they made the product available to that effect giving details, in particular, of the non-compliance and of any corrective measures taken.
Amendment 462 #
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 bynon-conformity of products which they have made available on the market.
Amendment 465 #
Proposal for a directive
Article 10 – paragraph 2
Article 10 – paragraph 2
2. Economic operators shall be able to present the information referred to in paragraph 1 for a period of 10 years after they have been supplied with the product and for a period of 10 years after they have supplied the productt least five years or a period that corresponds to the life-cycle of the product in question.
Amendment 468 #
Proposal for a directive
Article 11 – paragraph 2
Article 11 – paragraph 2
2. Service providers shall prepare the necessary information in accordance with Annex III explaining how the services meet the accessibility requirements referred to in Article 3. The information shall be made available to the public in written and oral format, including in a manner which is accessible to persons with functional limitations and persons with disabilities. Service providers shall keep the information as long as the service is in operation.
Amendment 481 #
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, whemade available for ther public or privaterpose of improving accessibility.
Amendment 489 #
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 notifyinform 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 tThe assessment referred to in paragraph 3 shall be submitted to the market surveillance authority upon reasonable request. Microenterprises are exempted from this notification requirement but must be able to supply the relevant documentation upon request from a relevant market surveillance authority.
Amendment 504 #
Proposal for a directive
Article 16
Article 16
Amendment 512 #
Proposal for a directive
Article 19 – title
Article 19 – title
Procedure for dealing with products presenting a risk related to accessibilityfor security or health at national level
Amendment 516 #
Proposal for a directive
Article 19 – paragraph 1 – subparagraph 1
Article 19 – paragraph 1 – subparagraph 1
Where the market surveillance authorities of one Member State have taken action pursuant to Article 20 of Regulation (EC) No 765/2008, or where they have sufficient reason to believe that a product covered by this Directive presents a risk for security or health related to accessibility aspects covered by this Directive, they shall carry out an evaluation in relation to the product concerned covering all the requirements laid down in this Directive. The relevant economic operators shall fully cooperate with the market surveillance authorities.
Amendment 518 #
Proposal for a directive
Article 19 – paragraph 1 – subparagraph 2
Article 19 – paragraph 1 – subparagraph 2
Where, in the course of that evaluation, the market surveillance authorities find that the product does not comply with the requirements laid down in this Directive, they shall without delay require the relevant economic operator to take all appropriate corrective action to bring the product into compliance with those requirements, or to withdraw the product from the market, or to recall it within a reasonable period, commensurate with the nature of the risk, as they may prescrib within an additional reasonable period, if the relevant economic operator has failed to take any corrective measure.
Amendment 521 #
Proposal for a directive
Article 19 – paragraph 4
Article 19 – paragraph 4
4. Where the relevant economic operator does not take adequate corrective action within the period referred to in the second subparagraph of paragraph 1, the market surveillance authorities shall take all appropriate provisional measures to prohibit or restrict products being made available on their national markets, to withdraw the product from that market or to recall it. The market surveillance authorities shall inform the Commission and the other Member States, without delay, of those measures.
Amendment 523 #
Proposal for a directive
Article 19 – paragraph 5 – introductory part
Article 19 – paragraph 5 – introductory part
5. The information referred to in paragraph 4 shall include all available details, in particular the data necessary for the identification of the non-compliant product, the origin of the product, the nature of the alleged non-compliance and the risk involvedfor security or health, the nature and duration of the national measures taken and the arguments put forward by the relevant economic operator. In particular, the market surveillance authorities shall indicate whether the non-compliance is due to any of the following:
Amendment 526 #
Proposal for a directive
Article 19 – paragraph 5 – point b
Article 19 – paragraph 5 – point b
(b) the shortcomings in the harmonised standards referred to in Article 13 conferring a presumption of conformity, resulting in a risk to safety or health.
Amendment 528 #
Proposal for a directive
Article 19 – paragraph 8
Article 19 – paragraph 8
(8) Member States shall ensure that appropriate, proportionate restrictive measures are taken in respect of the product concerned, such as withdrawal of the product from their market, without delay.
Amendment 542 #
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 service; as well as the estimated amount of users.
Amendment 551 #
Proposal for a directive
Article 25 – paragraph 2 – point a
Article 25 – paragraph 2 – point a
(a) provisions whereby a directly affected consumer may take action under national law before the courts or before the competent administrative bodies to ensure that the national provisions transposing this Directive are complied with;
Amendment 552 #
Proposal for a directive
Article 25 – paragraph 2 – point b
Article 25 – paragraph 2 – point b
(b) provisions whereby public bodies or private associations, organisations or other legal entities which have a legitimate interest, in ensuring that the provisions of this Directive are complied with,that are directly affected by the non-conformity of a product or service may take action under national law before the courts or before the competent administrative bodies on behalf of consumers to ensure that the national provisions transposing this Directive are complied with.
Amendment 572 #
Proposal for a directive
Article 27 a (new)
Article 27 a (new)
Article 27 a Transitional period Without prejudice to Article 27(2), Member States may provide for a transitional period of six years after the date of application of this Directive during which service providers may continue to provide their services using products which were lawfully used to provide similar services before that date.
Amendment 600 #
Proposal for a directive
Annex I – Section IV – Title
Annex I – Section IV – Title
Amendment 601 #
Proposal for a directive
Annex I – Section IV – Part A
Annex I – Section IV – Part A
Amendment 610 #
Proposal for a directive
Annex I – Section IV – Part B
Annex I – Section IV – Part B
B. Related terminal equipment with advance computing capability used by consumers: 1. Design and production: The design and production of products in order to maximise their reasonably foreseeable use by persons with functional limitations, including persons with disabilities and those with age -related impairments, shall be achieved by makeeting accessible the following: the functional performance requirements set out in point Ba, and shall include: (a) the information on the use of the product provided in the product itself (labelling, instructions, warning), which: (i) one sensory channel; (ii) (iii) (iv) fonts in foreseeable use conditions;: must be available by more than must be understandable; must be perceivable; shall have an adequate size of (b) the packaging of the product including the information provided in it (opening, closing, use, disposal); (c) the product instructions for use, installation and maintenance, storage and disposal of the product which shall comply with the following: (i) available in ; contexnt 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) alternatives to non-text content;of instruction shall be instructions shall provide (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 2disabilities; (f) the interfacing of the product with assistive devices. 2. design 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 must be designed, where applicable, as follows: (a) 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; (h) with limited reach and strength; (i) provide avoidance of triggering photosensitive seizures.User interface and functionality provide for communication and provide for user control of volume; provide for modes of operation
Amendment 613 #
Proposal for a directive
Annex I – Section IV – Part B a (new)
Annex I – Section IV – Part B a (new)
Amendment 614 #
Proposal for a directive
Annex I – Section IV – Part C a (new)
Annex I – Section IV – Part C a (new)
Ca. Architecture of websites and mobile applications (a) Making the architecture of websites and mobile applications accessible in a consistent and adequate way for users’ perception, operation and understanding, where necessary providing an accessible electronic alternative; and in a way which facilitates interoperability with a variety of user agents and assistive technologies available at Union and international level.
Amendment 639 #
Proposal for a directive
Annex I – Section VII – Title
Annex I – Section VII – Title
E-books and related equipment
Amendment 642 #
Proposal for a directive
Annex I – Section VII – Part A – point 1
Annex I – Section VII – Part A – point 1
1. The provision of services in order to maximise their reasonably foreseeable use by persons with functional limitations, including persons with disabilities, shall be achieved by: (a) ensuring the accessibility of the products they all actors of the supply chain meeting the functional performance requirements set out in point Ba, and shall include: (a) the products the service providers use in the provision of the service concerned, in accordance with the rules laid down in point B "Products"; (b) providing; (b) information about the functioning of the service and about its accessibility characteristics and facilities; as follows: (i) the information content shall be 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 channel, (ii) shall be provided; (iiilternatives to non-text content (c) the electronic information, including the related websites and online applications needed in the provision of the service shall be provided in accordance with point (c). (c) making websites accessible in a consistent and adequate way for users’ perception, operation and understanding, including the adaptability of content presentation and interaction, when necessaryand the e-book equipment, needed in the provision of the service; (d) providing an accessible electronic alternative; and in a way which facilitates interoperability with a variety of user agents and assistive technologies available at Union and international level; (d) the electronic information, including the related websites and online applications and the e-book equipment, needed in the provision of thinformation to facilitate complementarities with assistive service;s (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.
Amendment 647 #
Proposal for a directive
Annex I – Section VII – Part B – point 1
Annex I – Section VII – Part B – point 1
1. Design and production: The design and production of products in order to maximise their reasonably foreseeable use by persons with functional limitations, including persons with disabilities and those with age -related impairments, shall be achieved by makeeting accessible the followingthe functional performance requirements set out in point Ba, and shall include: (a) the information on the use of the product provided ion the product itself (labelling, instructions, warning), which: (i) must be available by more than one sensory channel; (ii) (iii) (iv) fonts in foreseeable use conditions;; must be understandable; must be perceivable; shall have an adequate size of (b) the packaging of the product including the information provided in it (opening, closing, use, disposal); (c) the product instructions for use, installation and maintenance, storage and disposal of the product which shall comply with the following: (i) 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) alternatives to non-text content;; content of instruction shall be instructions shall provide (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 assistive devices. 2. design: 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 must be designed, where applicable, as follows: (a) orientation via more than one sensory channel; (b) for communication and orientation; (c) and contrast; (d) convey information; (e) 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) provide avoidance of triggering photosensitive seizures.; (f) the interfacing of the product with assistive devices. User interface and functionality provide for communication and provide for alternatives to speech provide for flexible magnification provide for an alternative colour to provide for flexible ways to provide for user control of volume; provide for sequential control and provide for modes of operation
Amendment 648 #
Proposal for a directive
Annex I – Section VII – Part B a (new)
Annex I – Section VII – Part B a (new)
Ba. Functional performance requirements (a) Usage without vision Where ICT provides visual modes of operation, it shall provide at least one mode of operation that does not require vision; (b) Usage with limited vision Where ICT provides visual modes of operation, it shall provide at least one mode of operation that enables users to make use of their limited vision; (c) Usage without perception of colour Where ICT provides visual modes of operation, it shall provide at least one mode of operation that does not require user perception of colour; (d) Usage without hearing Where ICT provides auditory modes of operation, it shall provide at least one mode of operation that does not require hearing; (e) Usage with limited hearing Where ICT provides auditory modes of operation, it shall provide at least one mode of operation with enhanced audio features; (f) Usage without vocal capability Where ICT requires vocal input from users, it shall provide at least one mode of operation that does not require them to generate vocal output; (g) Usage with limited manipulation or strength Where ICT requires manual actions, it shall provide at least one mode of operation that enables users to make use of the ICT through alternative actions not requiring manipulation or hand strength; (h) Usage with limited reach Where ICT products are freestanding or installed, the operational elements will need to be within reach of all users; (i) Minimising the risk of triggering photosensitive seizures Where ICT provides visual modes of operation, it shall provide at least one mode of operation that minimises the potential for triggering photosensitive seizures; (j) Usage with limited cognition The ICT shall provide at least one mode of operation incorporating features that make it simpler and easier to use; (k) Privacy Where ICT incorporates features that are provided for accessibility, it shall provide at least one mode of operation that maintains privacy when using those ICT features that are provided for accessibility.
Amendment 649 #
Proposal for a directive
Annex I – Section VII – Part B a (new)
Annex I – Section VII – Part B a (new)
Ba. Websites and mobile application (a) making e-book files accessible in a consistent and adequate way for users’ perception, operation and understanding, including the adaptability of content presentation and interaction, when necessary collaborating with specialist organisations (or “authorised entities”) to provide alternative accessible format copies; and in a way which facilitates interoperability with a variety of user agents and assistive technologies available at Union and international level; (b) providing accessibility metadata to be communicated through the value chain to facilitate discoverability of accessible e- books
Amendment 652 #
Proposal for a directive
Annex I – Section VIII – Part A – point 1
Annex I – Section VIII – Part A – point 1
1. The provision of services in order to maximise their reasonably foreseeable use by persons with functional limitations, including persons with disabilities, shall be achieved by: (a) providing information about the functioning of the service and about its accessibility characteristics and facilities as follows: (i) 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 channel, (ii) shall be provided; (iii) the electronic information, including the related online applications needed in the provision of the service shall be provided in accordance with point (b). (b) making websites 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 way which facilitates interoperability with a variety of user agents and assistive technologies available at Union and international leveldisabilities shall be achieved by meeting the functional performance requirements set out in point Aa, and shall include: (a) information about the functioning of the service and about its accessibility characteristics and facilities; the information content shall be alternatives to non-text content (b) electronic information, including the related websites and online applications needed in the provision of the service;
Amendment 657 #
Proposal for a directive
Annex I – Section VIII – Part A a (new)
Annex I – Section VIII – Part A a (new)
Aa. Functional performance requirements (a) Usage without vision Where ICT provides visual modes of operation, it shall provide at least one mode of operation that does not require vision; (b) Usage with limited vision Where ICT provides visual modes of operation, it shall provide at least one mode of operation that enables users to make use of their limited vision; (c) Usage without perception of colour Where ICT provides visual modes of operation, it shall provide at least one mode of operation that does not require user perception of colour; (d) Usage without hearing Where ICT provides auditory modes of operation, it shall provide at least one mode of operation that does not require hearing; (e) Usage with limited hearing Where ICT provides auditory modes of operation, it shall provide at least one mode of operation with enhanced audio features; (f) Usage without vocal capability Where ICT requires vocal input from users, it shall provide at least one mode of operation that does not require them to generate vocal output; (g) Usage with limited manipulation or strength Where ICT requires manual actions, it shall provide at least one mode of operation that enables users to make use of the ICT through alternative actions not requiring manipulation or hand strength; (h) Usage with limited reach Where ICT products are freestanding or installed, the operational elements will need to be within reach of all users; (i) Minimising the risk of triggering photosensitive seizures Where ICT provides visual modes of operation, it shall provide at least one mode of operation that minimises the potential for triggering photosensitive seizures; (j) Usage with limited cognition The ICT shall provide at least one mode of operation incorporating features that make it simpler and easier to use; (k) Privacy Where ICT incorporates features that are provided for accessibility, it shall provide at least one mode of operation that maintains privacy when using those ICT features that are provided for accessibility.
Amendment 658 #
Proposal for a directive
Annex I – Section VIII – Part A b (new)
Annex I – Section VIII – Part A b (new)