Activities of Laura AGEA related to 2015/0278(COD)
Shadow opinions (1)
OPINION on the proposal for a directive of the European Parliament and of the Council on the approximation of the laws, regulations and administrative provisions of the Member States as regards the accessibility requirements for products and services
Amendments (38)
Amendment 158 #
Proposal for a directive
Citation 1 a (new)
Citation 1 a (new)
Having regard to the Charter of Fundamental Rights of the European Union and in particular Articles 21 and 26 thereof,
Amendment 170 #
Proposal for a directive
Recital 4
Recital 4
(4) Due to the differences in national accessibility requirements, individual professionals, SMEs and micro-enterprises in particular are discouraged from entering into business ventures outside their own domestic markets. The national, or even regional or local, accessibility requirements that Member States have put in place currently differ as regards both coverage and level of detail. Those differences negatively affect competitiveness and growtheconomic development, due to the additional costs incurred in the development and marketing of accessible products and services for each national market.
Amendment 186 #
Proposal for a directive
Recital 23
Recital 23
(23) In some situations, cthe accessibility of the built environment is a prerequisite for persons with disabilities, to enable them to actually be able to use the related services. 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 includes 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.
Amendment 191 #
Proposal for a directive
Recital 26
Recital 26
(26) Most jobs in the Union are provided by SMEs and micro-enterprises. They have a crucial importance for future growtheconomic development, but very often face hurdles and obstacles in developing their products or services, notably in the cross- border context. It is therefore necessary to facilitate the work of the SMEs and micro- enterprises by harmonising the national provisions on accessibility while maintaining the necessary safeguards.
Amendment 193 #
Proposal for a directive
Recital 30
Recital 30
(30) The manufacturer havingsupplies detailed knowledge of the design and production process is best placed to carry out, assisting in the implementation of the complete conformity assessment procedure. The obligations for conformity assessment should rest with the manufacturerrelevant market surveillance authority, in cooperation with the organisations representing persons with disabilities.
Amendment 197 #
Proposal for a directive
Recital 32
Recital 32
(32) Importers should ensure that products from third countries entering the Union market comply with the accessibility requirements of this Directive and in particular that, providing all the necessary information to the relevant market surveillance authority to enable appropriate conformity assessment procedures haveto been carried out by manufacturers with regard to those products.
Amendment 211 #
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 221 #
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 232 #
Proposal for a directive
Citation 1 a (new)
Citation 1 a (new)
Having regard to the Charter of Fundamental Rights of the European Union and in particular Articles 21 and 26 thereof,
Amendment 237 #
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 machines and payment terminals shall comply with the requirements set out in Section II of Annex I.
Amendment 244 #
Proposal for a directive
Recital 4
Recital 4
(4) Due to the differences in national accessibility requirements, individual professionals, SMEs and micro-enterprises in particular are discouraged from entering into business ventures outside their own domestic markets. The national, or even regional or local, accessibility requirements that Member States have put in place currently differ as regards both coverage and level of detail. Those differences negatively affect competitiveness and growtheconomic development, due to the additional costs incurred in the development and marketing of accessible products and services for each national market.
Amendment 244 #
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, complyies with the accessibility requirements of Annex I, section X, in order to maximise theirits use by persons with functional limitations, including persons with disabilities.
Amendment 253 #
Proposal for a directive
Article 5 – paragraph 9
Article 5 – paragraph 9
9. Manufacturers shall, further to a reasoned request from a provide the 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 255 #
Proposal for a directive
Article 6 – paragraph 2 – point a
Article 6 – paragraph 2 – point a
(a) further to a reasoned request from a competent national authority, provide thatprovide a competent national authority with all the information and documentation necessary to demonstrate the conformity of a product;
Amendment 262 #
Proposal for a directive
Article 7 – paragraph 9
Article 7 – paragraph 9
9. Importers shall, further to a reasoned request from a provide the 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 268 #
Proposal for a directive
Article 8 – paragraph 6
Article 8 – paragraph 6
6. Distributors shall, further to a reasoned request from a provide the 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 270 #
Proposal for a directive
Recital 23
Recital 23
(23) In some situations, cthe accessibility of the built environment is a prerequisite for persons with disabilities, to enable them to actually be able to use the related services. 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 includes 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.
Amendment 274 #
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 the competent national authority with all information necessary to demonstrate the conformity of the service with the accessibility requirements referred to in Article 3. They shall cooperate with thoseat authoritiesy, at theirits request, on any action taken to bring the service in conformity with those requirements.
Amendment 280 #
Proposal for a directive
Recital 26
Recital 26
(26) Most jobs in the Union are provided by SMEs and micro-enterprises. They have a crucial importance for future growtheconomic development, but very often face hurdles and obstacles in developing their products or services, notably in the cross- border context. It is therefore necessary to facilitate the work of the SMEs and micro- enterprises by harmonising the national provisions on accessibility while maintaining the necessary safeguards.
Amendment 283 #
Proposal for a directive
Recital 30
Recital 30
(30) The manufacturer havingsupplies detailed knowledge of the design and production process is best placed to carry out, assisting in the implementation of the complete conformity assessment procedure. The obligations for conformity assessment should rest with the manufacturerrelevant market surveillance authority, in cooperation with the organisations representing persons with disabilities.
Amendment 284 #
Proposal for a directive
Recital 32
Recital 32
(32) Importers should ensure that products from third countries entering the Union market comply with the accessibility requirements of this Directive and in particular that, providing all the necessary information to the relevant market surveillance authority to enable appropriate conformity assessment procedures haveto been carried out by manufacturers with regard to those products.
Amendment 284 #
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 operatorrelevant market surveillance authority, which, in cooperation with organisations representing people with disabilities, shall apply a time-bound procedure and clear- cut benchmarks for the assessment.
Amendment 293 #
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 296 #
Proposal for a directive
Article 18 – paragraph 1 – introductory part
Article 18 – paragraph 1 – introductory part
1. Member States, in cooperation with organisations representing people with disabilities, shall establish, implement and periodically update adequate procedures in order to:
Amendment 299 #
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 306 #
Proposal for a directive
Article 20 – paragraph 1 – subparagraph 1
Article 20 – paragraph 1 – subparagraph 1
Where, on completion of the procedure set out in Article 19(3) and (4), objections are raised against a measure taken by a Member State, or where the Commission considers a national measure to be contrary to Union legislation, the Commission shall without delay enter into consultation with the Member States, organisations representing people with disabilities, and the relevant economic operator or operators and shall evaluate the national measure. On the basis of the results of that evaluation, the Commission shall decide whether the national measure is justified or not.
Amendment 321 #
Proposal for a directive
Article 27 – paragraph 2
Article 27 – paragraph 2
2. They shall apply those provisions fprom [… insert date -gressively, in step with the life cycle of a product or service, and, in any event, no later than six years after the entry into force of this Directive].
Amendment 346 #
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 machines and payment terminals shall comply with the requirements set out in Section II of Annex I.
Amendment 365 #
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, complyies with the accessibility requirements of Annex I, section X, in order to maximise theirits use by persons with functional limitations, including persons with disabilities.
Amendment 371 #
Proposal for a directive
Article 5 – paragraph 9
Article 5 – paragraph 9
9. Manufacturers shall, further to a reasoned request from a provide the 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 372 #
Proposal for a directive
Article 6 – paragraph 2 – point a
Article 6 – paragraph 2 – point a
(a) further to a reasoned request from a competent national authority, provide thatprovide a competent national authority with all the information and documentation necessary to demonstrate the conformity of a product;
Amendment 373 #
Proposal for a directive
Article 7 – paragraph 9
Article 7 – paragraph 9
9. Importers shall, further to a reasoned request from a provide the 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 374 #
Proposal for a directive
Article 8 – paragraph 6
Article 8 – paragraph 6
6. Distributors shall, further to a reasoned request from a provide the 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 376 #
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 the competent national authority 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 388 #
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 operatorrelevant market surveillance authority, which, in cooperation with organisations representing people with disabilities, shall apply a time-bound procedure and clear- cut benchmarks for the assessment.
Amendment 406 #
Proposal for a directive
Article 18 – paragraph 1 – introductory part
Article 18 – paragraph 1 – introductory part
1. Member States, in cooperation with organisations representing people with disabilities, shall establish, implement and periodically update adequate procedures in order to:
Amendment 411 #
Proposal for a directive
Article 20 – paragraph 1 – subparagraph 1
Article 20 – paragraph 1 – subparagraph 1
Where, on completion of the procedure set out in Article 19(3) and (4), objections are raised against a measure taken by a Member State, or where the Commission considers a national measure to be contrary to Union legislation, the Commission shall without delay enter into consultation with the Member States, organisations representing people with disabilities, and the relevant economic operator or operators and shall evaluate the national measure. On the basis of the results of that evaluation, the Commission shall decide whether the national measure is justified or not.
Amendment 430 #
Proposal for a directive
Article 27 – paragraph 2
Article 27 – paragraph 2
2. They shall apply those provisions fprom [… insert date -gressively, in step with the life cycle of a product or service, and, in any event, no later than six years after the entry into force of this Directive].