93 Amendments of Eleftherios SYNADINOS related to 2015/0278(COD)
Amendment 71 #
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 bnoth only coverage and level of detail but also service quality. Those differences negatively affect competitiveness and growth, due to the additional costs incurred in the development and marketing of accessible products and services for each national market.
Amendment 75 #
Proposal for a directive
Recital 5
Recital 5
(5) Consumers of accessible products and recipients of accessible services are faced with high prices due to limited competition among suppliers and producers. Fragmentation among national regulations reduces potential benefits from sharing experiences with national and international peers in responding to societal and technological developments.
Amendment 80 #
Proposal for a directive
Recital 9
Recital 9
(9) This Directive respects the fundamental rights and observes the principles recognised in particular by the Charter of Fundamental Rights of the European Union. In particular, this Directive seeks to ensure full respect for the rights of persons with disabilities and/or special needs to benefit from measures designed to 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 84 #
Proposal for a directive
Recital 10
Recital 10
(10) The overall aim of the 'Digital Single Market Strategy', is to deliver sustainable economic and social benefits from a connected digital single market. Union consumers still do not enjoy the full benefits of prices and choice that the single market can offer, because cross-border online transactions are still very limited. Fragmentation also limits demand for cross-border e-commerce transactions. There is also a need for concerted action to make sure that new electronic content is also fully available to persons with disabilities. It is therefore necessary to harmonise accessibility requirements across the digital single market and to ensure that all Union citizens regardless of their abilities can enjoyare aware of its benefits and can enjoy them.
Amendment 87 #
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/complementary national provisions on accessibility of products and services which without Union action would further increase disparities between national provisions.
Amendment 88 #
Proposal for a directive
Recital 14
Recital 14
(14) It is therefore necessary to facilitate the implementation of the Convention by providing common Union rules and practices.
Amendment 93 #
Proposal for a directive
Recital 19
Recital 19
(19) It is therefore necessary to specify accessibility requirements and/or criteria for the placing on the market of products and services which fall within the scope of this Directive in order to ensure their free circulation in the internal market.
Amendment 94 #
Proposal for a directive
Recital 20
Recital 20
(20) This Directive should make compulsory the use of functional accessibility requirements and/or criteria 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 97 #
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 Directive comply with the relevant accessibility requirements, their free marketing and movement within the Union is not impeded due to reasons of accessibility.
Amendment 104 #
Proposal for a directive
Recital 35
Recital 35
(35) Any economic operator that either places a product on the market under his own name or trademark or modifies a product in such a way that compliance with applicable requirements may be affected should be considered to be the manufacturer and should assume the obligations of the manufacturer, while respecting the anti-dumping rules.
Amendment 105 #
Proposal for a directive
Recital 37
Recital 37
(37) This Directive 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, mainly of a bureaucratic nature, for SMEs and without compromising the protection of public interests.
Amendment 109 #
Proposal for a directive
Recital 41
Recital 41
(41) To ensure effective access to information for market surveillance purposes, the information required to declare compliance with all applicable Union acts should be available in a single EU declaration of conformity. In order to reduce the administrative burden on economic operators, they should be able to include in the single EU declaration of conformity relevant individual declarations of conformity and the implementing acts.
Amendment 113 #
Proposal for a directive
Recital 46
Recital 46
(46) In accordance with Decision No 768/2008/EC, Member States are responsible for ensuring strong and efficient market surveillance of products in their territories and should allocate sufficient powers and resources, but beyond this should mainly provide freedom of initiative, to their market surveillance authorities.
Amendment 117 #
Proposal for a directive
Recital 50
Recital 50
(50) An arbitration 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 the relevant economic operators, to act at an earlier stage in respect of such products.
Amendment 118 #
Proposal for a directive
Recital 51
Recital 51
(51) Where the Member States and the Commission agree as to the justification of a measure taken by a Member State, no further involvement of the Commission should be required, except where non- compliance can be attributed to shortcomings of a harmonised standard or the implementation of harmonised practices by a Member State.
Amendment 159 #
Proposal for a directive
Recital 1
Recital 1
(1) The purpose of this Directive is to contribute to the proper and optimum 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, range and competitiveness of accessible products and services on the internal market.
Amendment 162 #
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, while safeguarding human dignity and quality of life.
Amendment 166 #
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 products and services for persons with functional limitations including persons with disabilities create institutional and other 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 in a manner that is both disproportional and unfavourable.
Amendment 169 #
Proposal for a directive
Recital 4
Recital 4
(4) Due to the differences in national accessibility requirements and the difficulties in meeting them, as well as the numerous criteria applicable, individual professionals, SMEs and micro-enterprises in particular are discouraged from entering into business ventures outside their own familiar 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 growth, due to the additional costs incurred in the adjustment, development and marketing of accessible products and services for each national market.
Amendment 171 #
Proposal for a directive
Recital 5
Recital 5
(5) Consumers of accessible products and recipients of accessible services are faced with high prices due to limited competition among suppliers and an artificial restriction on the maximum number of suppliers. Fragmentation among national regulations reduces potential benefits from sharing experiences with national and international peers in responding to societal and technological developments.
Amendment 173 #
Proposal for a directive
Recital 6
Recital 6
(6) The approximation of national measures at Union level is therefore necessary for the proper functioningfull and healthy functioning and development of the internal market in order to put an end to fragmentation in the market of accessible products and services, to create economies of scale, to facilitate cross-border trade and mobility, as well as to help economic operators to concentrate resources on innovation instead of using those resources for complying with fragmented legal requirements across the Union.
Amendment 174 #
Proposal for a directive
Recital 9
Recital 9
(9) This Directive respects the fundamental rights and observes the principles recognised in particular by the Charter of Fundamental Rights of the European Union. In particular, this Directive seeks to ensure full respect forpromote the application of Article 26 of the Charter of Fundamental Rights of the European Union and in particular measures to ensure respect for and to safeguard the rights of persons with disabilities to benefit from measures designed to ensure their independence, social and occupational integration and, participation in the social and economic life of the community and to promote the application of Article 26 of the Charter of Fundamental Rights of the European Unionsupport in the field of education and family life.
Amendment 175 #
Proposal for a directive
Recital 10
Recital 10
(10) The overall aim of the ‘Digital Single Market Strategy’, is to deliver sustainable economic and social benefits from a connected digital single market. Union consumers still do not enjoy the full benefits of prices and choice that the single market can offer, because cross-border online transactions are still very limited, because of not only limited consumer confidence but also restrictions affecting remote customer servicing, partly attributable to postal services and language barriers. Fragmentation also limits demand for cross-border e-commerce transactions. There is also a need for concerted action to make sure that new electronic content is also fully available to persons with disabilities. It is therefore necessary to harmonise accessibility requirements across the digital single market and to ensure that all Union citizens regardless of their abilities can enjoy its benefits.
Amendment 178 #
Proposal for a directive
Recital 14
Recital 14
(14) It is therefore necessary to facilitate the implementation of the Convention by providing common Union rules based on proportionality and subsidiarity.
Amendment 180 #
Proposal for a directive
Recital 16
Recital 16
(16) Products and services falling within the scope of this Directive are the necessary result of an in-depth 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 181 #
Proposal for a directive
Recital 18
Recital 18
(18) It is necessary to introduce the accessibility requirements in the 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 based on the principle of necessity.
Amendment 183 #
Proposal for a directive
Recital 20
Recital 20
(20) This Directive should make compulsory 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 goodand promote the proper functioning of the internal market for the products and services covered.
Amendment 184 #
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 Directive comply with the relevant minimum requirements regarding measures to improve accessibility requirements, their free movement within the Union is not impeded due to reasons of accessibility.
Amendment 189 #
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 growth, but and must be supported, since it is acknowledged that they, very often face excessive hurdles and asymmetrical obstacles in developing their products or services, notably in the cross-border context. It is therefore necessary to facilitate and support the work of the SMEs and micro- enterprises by harmonising the national provisions on accessibility while maintaining the necessary safeguards.
Amendment 194 #
Proposal for a directive
Recital 30
Recital 30
(30) The manufacturer having detailed knowledge of the design and production process is best placed to help carry out the complete conformity assessment procedure. The obligations for determining conformity assessment should rest with the manufacturer, who has binding consultative powers.
Amendment 195 #
Proposal for a directive
Recital 31
Recital 31
(31) Distributors and importers should be involved in market surveillance tasks carried out by national authorities, and should participate actively, providing the competent authorities with all necessary information relating to the product concerned, so as to ensure that this procedure does not excessively affect the ability of companies to fulfil their core functions.
Amendment 196 #
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 appropriate conformity assessment procedures have been carried out by manufacturers with regard to those products either with regard to the final product or in the implementation of guidelines concerning good manufacturing practices.
Amendment 198 #
Proposal for a directive
Recital 33
Recital 33
(33) When placing a product on the market, every importer should indicate, on the product, its name and the address at which the company can be contacted or packaging thereof, the name and contact details of the importing company, including at least its address and contact telephone number, identifying also the company it represents or from which it received the imported product.
Amendment 199 #
Proposal for a directive
Recital 35
Recital 35
(35) Any economic operator that either places a product on the market under his own name or trademark or modifies a product in such a way that compliance with applicable requirements may be affected should be considered to be the manufacturer and should assume the obligationsassume the obligations corresponding to those of the manufacturer.
Amendment 200 #
Proposal for a directive
Recital 36
Recital 36
(36) For reasons of proportionality, accessibility requirements should only apply to the extent that they do not impose a disproportionate burden on the economic operator concerned, or require a change in the products and services which would result in their fundamental alteration of the products or services offered or alterations affecting the sustainability and efficient operation of the company in accordance with the specified criteria.
Amendment 204 #
Proposal for a directive
Recital 38
Recital 38
(38) All economic operators should act responsibly, with due regard for consumers and in full accordance with the legal requirements applicable when placing or making products available on the market or providing services on the market.
Amendment 206 #
Proposal for a directive
Recital 40
Recital 40
(40) In the absence of harmonised standards and where needed for market harmonisation purposes pending the formulation of suitable harmonised standards, the Commission should, in the meantime, be able adopt implementing acts establishing common technical specifications for the accessibility requirements set in this Directive.
Amendment 208 #
Proposal for a directive
Recital 47
Recital 47
(47) Member States should check the compliance of services with the obligations of this Directive and should follow upexamine in a realistic and proportional manner complaints or reports related to non- compliance in order to ensure that corrective action has been taken.
Amendment 213 #
Proposal for a directive
Recital 51
Recital 51
(51) Where the Member States and the Commission agree as to the justification of a measure taken by a Member State, no further involvement of the Commission should be required, except where non- compliance can be attributed to shortcomings of a harmonised standard or lead to excessive distortions of the market and of healthy competition.
Amendment 214 #
Proposal for a directive
Recital 52
Recital 52
(52) In order to ensure uniform, flexible, proportionate, sound effective and applicable conditions for the implementation of chapter IV of this Directive, specific implementing powers should be conferred on the Commission. Those powers should be exercised in accordance with Regulation (EU) No 182/2011 of the European Parliament and of the Council. __________________ Regulation (EU) No 182/2011 of the European Parliament and of the Council of 16 February 2011 laying down the rules and general principles concerning mechanisms for control by the Member States of the Commission’s exercise of implementing powers (OJ L 55, 28.02.2011, p. 13).
Amendment 220 #
Proposal for a directive
Article 1 – paragraph 1 – point b – point ii
Article 1 – paragraph 1 – point b – point ii
(ii) ticketing machines of all kinds;
Amendment 222 #
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 and digital television.
Amendment 226 #
Proposal for a directive
Article 1 – paragraph 2 – point b
Article 1 – paragraph 2 – point b
(b) audiovisual media services, digital television and related consumer equipment with advanced computing capability;
Amendment 230 #
Proposal for a directive
Article 2 – paragraph 1 – point 2
Article 2 – paragraph 1 – 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, without the need for adaptation or specialised design; “universal design” does not exclude the parallel development of assistive devices for particular groups of persons with functional limitations, including persons with disabilities where this is needed and for special needs;
Amendment 231 #
Proposal for a directive
Article 2 – paragraph 1 – point 3
Article 2 – paragraph 1 – point 3
(3) “persons with functional limitations” means persons who have any physical, mental, intellectual or sensory impairment, age related impairment, or other human body performance related causes, permanent or temporary, which in interaction with various barriers may, under certain circumstances, result in their reduced access to products and services, leading to a situation that requires adaptation to their particular needs of those products and services in order fully to meet their requirements;
Amendment 232 #
Proposal for a directive
Article 2 – paragraph 1 – point 4
Article 2 – paragraph 1 – point 4
(4) “persons with disabilities” include persons who have long-term physical, mental, intellectual or sensory impairments which in interaction with various barriers may affect their essential day-to-day activities and thereby hinder their full and effective participation in society on an equal basis with others;
Amendment 233 #
Proposal for a directive
Article 2 – paragraph 1 – point 10
Article 2 – paragraph 1 – point 10
(10) “manufacturer” means any natural or legal person who manufactures a product, modifies it in such a way as to fundamentally alter its nature and purpose or has a product designed or manufactured, and markets that product under his name or trademark;
Amendment 234 #
Proposal for a directive
Article 2 – paragraph 1 – point 15
Article 2 – paragraph 1 – point 15
(15) “consumer” means any natural person who purchases the relevant product or is the final user of a product or is a recipient of the relevant service at a personal or communal level and for purposes which are outside his trade, business, craft or profession;
Amendment 235 #
Proposal for a directive
Article 2 – paragraph 1 – point 18
Article 2 – paragraph 1 – point 18
(18) “common technical specifications” means a technical specification as defined in Article 2(4) of Regulation (EU) No 1025/2012 that has been determined through a procedure recognised by the Member States and that provides a means to comply with the accessibility requirements applicable to a product or service with the aim of ensuring uniform implementation in all Member States;
Amendment 236 #
Proposal for a directive
Article 2 – paragraph 1 – point 21
Article 2 – paragraph 1 – point 21
(21) “e-commerce” means the online sale, marketing or exchange of products and services.
Amendment 240 #
Proposal for a directive
Article 3 – paragraph 5
Article 3 – paragraph 5
5. Audiovisual media and digital television services and the related consumer equipment with advanced computing capability shall comply with the requirements set out in Section IV of Annex I.
Amendment 243 #
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 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 and the elderly.
Amendment 246 #
Proposal for a directive
Article 4 – paragraph 1
Article 4 – paragraph 1
Member States shall not impede the making available on the market in their territory of products and services that comply with this Directive for reasons related to accessibility requirements except after a reasoned opinion and an accompanying report or procedure which the Commission shall launch under its implementing powers.
Amendment 247 #
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 satisfactorily demonstrated by that procedure, manufacturers shall draw up an EU declaration of conformity and affix the CE marking in line with usual practices.
Amendment 248 #
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 and provide a summary of reports and a briefing following the collection and processing of such information.
Amendment 249 #
Proposal for a directive
Article 5 – paragraph 5
Article 5 – paragraph 5
5. Manufacturers shall ensure that their products bear a type, batch or serial number or other element allowing their safe identification and traceability, or, where the size or nature of the product does not allow it, that the required information is provided on the packaging or in a document accompanying the product.
Amendment 250 #
Proposal for a directive
Article 5 – paragraph 6
Article 5 – paragraph 6
6. Manufacturers shall indicate their name, registered trade name or registered trade mark and, the address at which they can be contacted and their telephone contact information at least on the product or, where that is not possible, on its packaging or in a document accompanying the product. The address must indicate a single point at which the manufacturer can be contacted.
Amendment 251 #
Proposal for a directive
Article 5 – paragraph 7
Article 5 – paragraph 7
7. Manufacturers shall ensure that the product is accompanied by instructions and safety information in a language which can be easily understood by consumers and end-users, as determined by the Member State concerned and at least in an official language of the territory of the State in which it is being offered for use or consumption.
Amendment 254 #
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 thatn official language of the Member State in which the respective competent national authority is based, or as defined by national law and customary institutional practice, or as bilaterally to be agreed on a case-by-case basis by the competent national authority and the manufacturer upon the initiative of the 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 256 #
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 to public health and safety or to the end user/consumer, the importer shall inform the manufacturer and the market surveillance authorities to that effect.
Amendment 257 #
Proposal for a directive
Article 7 – paragraph 4
Article 7 – paragraph 4
4. Importers shall indicate their name, registered trade name or registered trade mark and the address at which they can be contacted and other contact information on the product or, where that is not possible, on its external packaging or in a document accompanying the product.
Amendment 258 #
Proposal for a directive
Article 7 – paragraph 5
Article 7 – paragraph 5
5. Importers shall ensure that the product is accompanied by instructions and information in a language which can be easily understood by consumers and other end-users, in an official language of the territory of the Member State, as laid down by national legislation, and as determined by the Member State concerned.
Amendment 259 #
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, while the record that is kept must be available and accessible both to the manufacturers and the competent national authorities.
Amendment 260 #
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, importers shall immediately inform the competent national authorities of the Member States in which they made the product available to that effect, following the instructions and guidelines of the competent authorities and giving details, in particular, of the non- compliance and of any corrective measures taken.
Amendment 263 #
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 authorityn official language of the Member State in which the respective competent national authority is based or as determined by national legislation. 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 264 #
Proposal for a directive
Article 8 – paragraph 1
Article 8 – paragraph 1
1. When making a product available on the market distributors shall act with due care in relation toin accordance with the requirements of this Directive.
Amendment 265 #
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 manufacturer and the importer have complied with the requirements set out in Article 5(5) and (6) and Article 7(4), that the product bears the CE marking, and 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)least in an official language of the territory of the Member State as determined by national legislation.
Amendment 266 #
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 as swiftly as possible to bring that product into conformity, to withdraw it or recall it, if appropriate. Furthermore, where the product presents a risk, 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 while awaiting other institutional instructions.
Amendment 269 #
Proposal for a directive
Article 10 – paragraph 1 – introductory part
Article 10 – paragraph 1 – introductory part
1. Economic operators shall, onif institutionally requested, identify the following to the competent national market surveillance authorities:
Amendment 270 #
Proposal for a directive
Article 10 – paragraph 2
Article 10 – paragraph 2
2. Economic operators shall keep a physical or electronic record and be able to present the information referred to in paragraph 1 for a period of at least 10 years after they have been supplied with the product and for a period of at least 10 years after they have supplied the product.
Amendment 271 #
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, or shall, to a proportionate and realistic degree, make available the specific information even if the provider should cease in so far as the service itself remains in operation.
Amendment 276 #
Proposal for a directive
Article 12 – paragraph 2
Article 12 – paragraph 2
2. AThe accessibility requirements referred to in Article 3 applyshall be proportionately applied by the economic operators concerned to the extent that they are necessary and do not imposnvolve a disproportionate burdlogistical or employment on the economic operators concernedr any other type of financial burden or actions that require an excessive commitment of special means and resources.
Amendment 278 #
Proposal for a directive
Article 12 – paragraph 3 – point b
Article 12 – paragraph 3 – point b
(b) the estimated costs and benefits for the economic operators in relation to the estimated benefit for persons with disabilitiespotential compensatory benefit, economic or other, taking into account the frequency and, duration and extent of use of the specific product or service by the overall number of final users or consumers with disabilities.
Amendment 283 #
Proposal for a directive
Article 12 – paragraph 4
Article 12 – paragraph 4
4. The burden shall not be deemed disproportionate where it is fully compensated or otherwise balanced by funding from other sources than the economic operator’s own resourcesown resources of the economic operator, or associated companies under common management or ownership, whether public or private.
Amendment 285 #
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 with the option of requesting support from the competent national authority acting in a consultative capacity.
Amendment 286 #
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 notify in a prompt and detailed manner the relevant market surveillance authority of the Member State in the market of which the product or service is placed or made available. The notification shall include the assessment referred to in paragraph 3. Microenterprises employing fewer than 10 persons and whose annual turnover or total annual balance sheet total does not exceed EUR 2 million are exempted from this notification requirement but must be able to supply the relevant documentation upon request from a relevant market surveillance authority and fully keep the relevant record for at least five years after they have supplied or otherwise transmitted the product or service.
Amendment 289 #
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 Directive under the guidance of the competent committee and with the possibility of Member States participating and intervening at all stages of the procedure before the implementing acts are issued.
Amendment 291 #
Proposal for a directive
Article 15 – paragraph 2
Article 15 – paragraph 2
2. The EU declaration of conformity shall have the model structure set out in Annex III to Decision No 768/2008/EC. It shall contain the elements specified in Annex II to this Directive and shall be continuously updated. The requirements concerning the technical documentation shall avoid imposing any disproportionate burden for micro, small and medium-sized enterprises. It shall be translated into the language or languages required by the Member State in the market of which the product is placed or made availablaccording to the rules and requirements set by the competent national authority that controls the market within the territory of the Member State where the product is placed or made available in accordance with the jurisprudence and the institutional and formal procedures in force.
Amendment 292 #
Proposal for a directive
Article 17 – paragraph 2
Article 17 – paragraph 2
2. When carrying out market surveillance of products market surveillance authorities shall periodically review the assessment referred to in Article 12 and publish annually a comprehensive report thereon within the framework of institutional accountability and with due respect for sensitive corporate data and without such a publication leading to a direct or indirect distortion of competition.
Amendment 294 #
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. The information shall be made available within a reasonable period of time not exceeding 4 weeks and, if this results in a significant burden for the competent authority, the submission of a request may be accompanied by a commensurate tax, which in total shall not exceed the corresponding service costs, following a decision by the competent authority based on an actuarial explanatory memorandum.
Amendment 297 #
Proposal for a directive
Article 18 – paragraph 2 – subparagraph 2
Article 18 – paragraph 2 – subparagraph 2
Member States shall ensure that the public is informed of the existence, responsibilities and identity of the authorities referred to in the first subparagraph. Those authorities shall make the information available in accessible formats upon request and should be entitled to promote their role and to provide information about it.
Amendment 299 #
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, 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, unless the economic operator reaches a compromise with the supervisory authority or can objectively prove by sound reasoning beyond any doubt that the product does indeed comply with the requirements of the Directive or is exempted from its rules.
Amendment 300 #
Proposal for a directive
Article 19 – paragraph 2
Article 19 – paragraph 2
2. Where the market surveillance authorities consider that non-compliance is not restricted to their national territory, they shall inform the Commission and the other Member States of the results of the evaluation and of the actions which they have required the economic operator to take. Any communication to and from the economic operator may be realised between the national supervisory authorities in order to serve their regulatory and supervisory powers.
Amendment 301 #
Proposal for a directive
Article 19 – paragraph 3
Article 19 – paragraph 3
3. The economic operator shall ensure that all appropriate corrective action is taken in respect of all the products concerned that it has made available on the market throughout the Union within a reasonable period of time and following a corresponding communication with the supervisory authorities.
Amendment 302 #
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. The necessary restrictive or prohibitive measures shall constitute the maximum final means to which the supervisory authorities may resort after having exhausted the scope for consultation and cooperation with the economic operator. No provision is made for the possibility of imposing fines, while bearing in mind the provisions of existing legislation and the provisions on the civil and criminal liability of the economic operator.
Amendment 303 #
Proposal for a directive
Article 19 – paragraph 7
Article 19 – paragraph 7
7. Where, within three months of receipt of the information referred to in paragraph 4, no objection has been raised by either a Member State or the Commission in respect of a provisional measure taken by a Member State, that measure shall be deemed justified. Any procedure to challenge the measure by the economic operator shall take place in accordance with the procedures laid down by the national supervisory authority within three months of notification of the decision on the action taken.
Amendment 304 #
Proposal for a directive
Article 19 – paragraph 8
Article 19 – paragraph 8
8. Member States shall ensure that appropriate restrictive measures are taken in respect of the product concerned, such as the withdrawal of the product fromfrom the market and the recall, prohibition or restriction of their marketing of the product, without delay.
Amendment 311 #
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 estimatedpotential essential benefit for persons with disabilities, taking into account the frequency and, duration ofand extent of the use of the specific product or service by the estimated greatest overall number of final users or consumers with disabilities;
Amendment 314 #
Proposal for a directive
Article 22 – paragraph 3
Article 22 – paragraph 3
3. The assessment of whether compliance with accessibility requirements referred to in Article 21 imposes a disproportionate burden shall be performed by the competent authorities concerned with the participation of the relevant economic operator.
Amendment 325 #
Proposal for a directive
Article 28 – paragraph 2
Article 28 – paragraph 2
2. Member States shall communicate to the Commission in due timeperiodically and in due time and after being instructed to do so by the latter all the information necessary for the Commission to draw up such a report.
Amendment 326 #
Proposal for a directive
Annex I – point 1 – introductory part
Annex I – point 1 – introductory part
Amendment 327 #
Proposal for a directive
Annex I – Section IX - Part C– introductory part
Annex I – Section IX - Part C– introductory part
1. The accessibility to persons with functional limitations, including persons with disabilities and persons with age- related disabilities, of the built environment for its foreseeable use in an independent manner, shall include the following aspects of areas intended for public access:
Amendment 328 #
Proposal for a directive
Annex I – Section X –introductory part
Annex I – Section X –introductory part
The accessibility to persons with functional limitations, including persons with disabilities and persons with age-related disabilities, of the built environment where the service is provided, referred to in Article 3(10) for its foreseeable use in an independent manner, shall include the following aspects of areas intended for public access: