46 Amendments of Marie-Christine ARNAUTU related to 2015/0278(COD)
Amendment 31 #
Proposal for a directive
Title 1
Title 1
Proposal for a Directive of the European Parliament and of the CouncilCouncil recommendation on the approximation of the laws, regulations and administrative provisions of the Member States as regards the accessibility requirements for products and services (Text with EEA relevance)
Amendment 32 #
Proposal for a directive
Recital 1
Recital 1
(1) The purpose of this DirectiveRecommendation 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 availability of accessible products and services on the internal market.
Amendment 34 #
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 facilitates independent living.
Amendment 43 #
Proposal for a directive
Recital 9
Recital 9
(9) This Directive respects the fundamental rights and observes the principleIn particular, this rRecognised in particular by the Charter of Fundamental Rights of the European Union. In particular, this Directivemmendation seeks to ensure full respect for the rights of persons with disabilities to benefit from measures designed to better ensure their independence, social and occupational integration and participation in the life of the community and to promote the application of Article 26 of the Charter of Fundamental Rights of the European Union.
Amendment 49 #
Proposal for a directive
Recital 11
Recital 11
Amendment 51 #
Proposal for a directive
Recital 12
Recital 12
(12) In its Article 9, the Convention requires itThe United Nations Convention on the Rights of Persons with Disabilities (‘the Convention’), in Article 9 thereof, invites the States pParties to the Convention to take appropriate measures to ensure that persons with disabilities have access to the physical environment, to transportation, to information and communications, including information and communications technologies and systems, and to other facilities and services open or provided to the public, both in urban and in rural areas, on an equal basis with others. The United Nations Committee on the Rights of Persons with Disabilities has indicated the need to create a legislative framework with concrete, enforceable and time- bound benchmarks for monitoring the gradual implementation of accessibility.
Amendment 56 #
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 which without Union action would further increase disparities between national provisions.
Amendment 59 #
Proposal for a directive
Recital 14
Recital 14
Amendment 61 #
Proposal for a directive
Recital 16
Recital 16
(16) Products and services falling within the scope of this DirectiveRecommendation 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 63 #
Proposal for a directive
Recital 17
Recital 17
(17) Each product and service has to comply with the accessibility requirements identified in Article 3 and listed in Annex I to be accessible for persons with disabilities and older persons. The e- commerce accessibility obligations also apply to the online sale of services under Article 1(2)(a) to (e) of this DirectiveRecommendation.
Amendment 70 #
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 which fall within the scope of this DirectiveRecommendation in order to ensurfacilitate their free circulation in the internal market.
Amendment 71 #
Proposal for a directive
Recital 20
Recital 20
(20) This Directive should make compulsoryRecommendation should permit the use of functional accessibility requirements in terms of general objectives. These should be precise enough to create legally binding obligations and sufficiently detailed so as to make it possible to assess conformity in order to ensure the good functioning of the internal market for the products and services covered.
Amendment 72 #
Proposal for a directive
Recital 22
Recital 22
(22) Member States shall take all appropriate measures to ensure that, where the products and services covered by this DirectiveRecommendation comply with the relevant accessibility requirements, their free movement within the Union is not impeded due to reasons of accessibility.
Amendment 83 #
Proposal for a directive
Recital 23
Recital 23
(23) In some situations, common accessibility requirements of the built environment would facilitate the free movement of the related services and of persons with disabilities. Therefore, this DirectiveRecommendation enables Member States to include the built environment used in the provision of the services under the scope of this DirectiveRecommendation, ensuring compliance with the accessibility requirements set in Annex X.
Amendment 86 #
Proposal for a directive
Recital 24
Recital 24
(24) It is necessary to provide that, for legislative acts of the Union establishing accessibility obligations without providing accessibility requirements or specifications, accessibility is defined by reference to the accessibility requirements of this DirectiveRecommendation. That is the case of Directive 2014/23/EU of the European Parliament and of the Council35, Directive 2014/24/EU of the European Parliament and of the Council36, and Directive 2014/25/EU of the European Parliament and of the Council37, which require that technical specifications and technical or functional requirements of the concessions, works or services falling within their scope take into account accessibility criteria for persons with disabilities or "design for all" users. __________________ 35 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). 36 Directive 2014/24/EU of the European Parliament and of the Council of 26 February 2014 on public procurement and repealing Directive 2004/18/EC (OJ L 94, 28.3.2014, p. 65). 37 Directive 2014/25/EU of the European Parliament and of the Council of 26 February 2014 on procurement by entities operating in the water, energy, transport and postal services sectors and repealing Directive 2004/17/EC (OJ L 94, 28.3.2014, p. 243).
Amendment 91 #
Proposal for a directive
Recital 25
Recital 25
(25) Accessibility should be achieved by the removal and prevention of barriers, preferably through a universal design or "design for all" approach. Accessibility should not exclude the provision of reasonable accommodation when requestired by national or Union law.
Amendment 93 #
Proposal for a directive
Recital 27
Recital 27
(27) This DirectiveRecommendation should be based on Decision No 768/2008/EC of the European Parliament and of the Council38 as it concerns products already subject to other Union acts, this way ensuringensuring in this way the consistency of Union legislation. __________________ 38 Decision No 768/2008/EC of the European Parliament and of the Council of 9 July 2008 on a common framework for the marketing of products (OJ L 218, 13/08/2008, p. 82).
Amendment 94 #
Proposal for a directive
Recital 28
Recital 28
(28) All economic operators intervening in the supply and distribution chain should ensure that they make available on the market only products which are in conformity with the accessibility requirements of this DirectiveRecommendation. It is necessary to provide for a clear and proportionate distribution of obligations which correspond to the role of each operator in the supply and distribution process.
Amendment 95 #
Proposal for a directive
Recital 34
Recital 34
(34) Distributors should ensure that their handling of the product does not adversely affect the compliance of the product with the accessibility requirements of this DirectiveRecommendation.
Amendment 96 #
Proposal for a directive
Recital 37
Recital 37
(37) This DirectiveRecommendation should follow the principle of 'think small first' and should take account of the administrative burdens that SMEs are faced with. It should set light rules in terms of conformity assessment and should establish safeguard clauses for economic operators, rather than providing for general exceptions and derogations for those enterprises. 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 97 #
Proposal for a directive
Recital 40
Recital 40
Amendment 99 #
Proposal for a directive
Recital 42
Recital 42
(42) For conformity assessment of products, this DirectiveRecommendation should use the Internal Production Control of "Module A", described in Annex II to Decision No 768/2008/EC, as it enables economic operators to demonstrate, and the competent authorities to ensure, that products made available in the market conform to the accessibility requirements while not imposing a disproportionate burden.
Amendment 101 #
Proposal for a directive
Recital 44
Recital 44
(44) The CE marking, indicating the conformity of a product with the accessibility requirements of this DirectiveRecommendation, is the visible consequence of a whole process comprising conformity assessment in a broad sense. This DirectiveRecommendation 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 products. __________________ 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 102 #
Proposal for a directive
Recital 47
Recital 47
Amendment 105 #
Proposal for a directive
Recital 49
Recital 49
Amendment 107 #
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 DirectiveRecommendation. It should allow market surveillance authorities, in cooperation with the relevant economic operators, to act at an earlier stage in respect of such products.
Amendment 108 #
Proposal for a directive
Recital 52
Recital 52
Amendment 109 #
Proposal for a directive
Recital 54
Recital 54
Amendment 128 #
Proposal for a directive
Article 1 – paragraph 3 – introductory part
Article 1 – paragraph 3 – introductory part
3. Chapters I, VI and VII of this DirectiveRecommendation apply to the following:
Amendment 142 #
Proposal for a directive
Article 2 – paragraph 1 – introductory part
Article 2 – paragraph 1 – introductory part
For the purposes of this Directive,Recommendation the following definitions shall apply:
Amendment 178 #
Proposal for a directive
Article 4 – paragraph 1
Article 4 – paragraph 1
Amendment 179 #
Proposal for a directive
Article 4 – paragraph 1
Article 4 – paragraph 1
Member States shall ensure that they do not impede the making available on the market in their territory of products and services that comply with this DirectiveRecommendation for reasons related to accessibility requirements.
Amendment 196 #
Proposal for a directive
Article 14 – paragraph 1
Article 14 – paragraph 1
1. Where no reference to harmonised standards has been published in the Official Journal of the European Union in accordance with Regulation (EU) No 1025/2012, and where further detail for the accessibility requirements of certain products and services would be needed for harmonisation of the market, the Commission may adopt implementing acts establishing common technical specifications ('CTS') for the accessibility requirements set out in Annex I to this Directive. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 24(2) of this DirectiveRecommendation.
Amendment 200 #
Proposal for a directive
Article 18 – paragraph 1 – point a
Article 18 – paragraph 1 – point a
(a) check the compliance of services listed in Article 1(2) with the requirements set out in this DirectiveRecommendation and the assessment of the exceptions provided for in Article 12;
Amendment 202 #
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 DirectiveRecommendation presents a risk related to accessibility aspects covered by this DirectiveRecommendation, they shall carry out an evaluation in relation to the product concerned covering all the requirements laid down in this DirectiveRecommendation. The relevant economic operators shall fully cooperate with the market surveillance authorities.
Amendment 203 #
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 DirectiveRecommendation presents a risk related to accessibility aspects covered by this DirectiveRecommendation, they shall carry out an evaluation in relation to the product concerned covering all the requirements laid down in this DirectiveRecommendation. The relevant economic operators shall fully cooperate with the market surveillance authorities.
Amendment 204 #
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 DirectiveRecommendation, they shall without delay require the relevant economic operator to take all appropriate corrective action to bring the product into compliance with those requirements, 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 prescribe.
Amendment 218 #
Proposal for a directive
Article 25 – paragraph 2 – point a
Article 25 – paragraph 2 – point a
(a) provisions whereby a consumer may take action under national law before the courts or before the competent administrative bodies to ensure that the national provisions transposing this DirectiveRecommendation are complied with;
Amendment 219 #
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 DirectiveRecommendation are complied with, 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 DirectiveRecommendation are complied with.
Amendment 221 #
Proposal for a directive
Article 26 – paragraph 1
Article 26 – paragraph 1
1. Member States shall lay down the rules on penalties applicable to infringements of the national provisions adopted pursuant to this DirectiveRecommendation and shall take all measures necessary to ensure that they are implemented.
Amendment 223 #
Proposal for a directive
Article 26 – paragraph 3
Article 26 – paragraph 3
Amendment 225 #
Proposal for a directive
Article 27
Article 27
Amendment 232 #
Proposal for a directive
Article 28 – paragraph 1
Article 28 – paragraph 1
By […insert date - five years after the application of this Directive], and every five 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 DirectiveRecommendation.
Amendment 234 #
Proposal for a directive
Article 28 – paragraph 1
Article 28 – paragraph 1
1. The report shall, inter alia, address in the light of social, economic and technological developments the evolution of the accessibility of products and services and the 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 DirectiveRecommendation.
Amendment 235 #
Proposal for a directive
Article 29 – paragraph 1
Article 29 – paragraph 1
This DirectiveRecommendation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.
Amendment 236 #
Proposal for a directive
Article 30 – paragraph 1
Article 30 – paragraph 1
This DirectiveRecommendation is addressed to the Member States.