Activities of Curzio MALTESE 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 (32)
Amendment 32 #
Proposal for a directive
Recital 21
Recital 21
(21) The Commission’s proposal for a Directive of the European Parliament and of the Council34 includes accessibility requirements for a specific setll the websites of public sector bodies’ website and private economic operators. In addition, it proposes to establish the basis for a monitoring and reporting methodology of the compliance of the relevant websites 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. With the purpose of, notably, ensuring that relevant authorities implement the same accessibility requirements independently of the type of regulated website, the accessibility requirements set out in this Directive should be aligned to those of the proposed Directive on the accessibility of public sector bodies’ websites. Activities of ecommerce of public sector websites not covered by that Directive, fall under the scope of this proposal, 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 Directive of the European Parliament and of the Council on the accessibility of public sector bodies' websites COM(2012) 721.
Amendment 37 #
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 39 #
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 capability, together with websites and online applications of public sector bodies and private operators;
Amendment 40 #
Proposal for a directive
Article 1 – paragraph 2 – point e
Article 1 – paragraph 2 – point e
(e) e-books and electronic publications;
Amendment 41 #
Proposal for a directive
Article 2 – paragraph 1 – point 1
Article 2 – paragraph 1 – point 1
(1) “accessible products and services” are products and services that are perceptible, operable and, understandable and robust for persons with functional limitations, including persons with disabilities, on an equal basis with others;
Amendment 43 #
Proposal for a directive
Article 2 – paragraph 1 – point 6 a (new)
Article 2 – paragraph 1 – point 6 a (new)
(6a) "website" means a connected group of pages on the World Wide Web regarded as a single entity, including the third party content and services and the mobile and language versions of the website;
Amendment 44 #
Proposal for a directive
Article 2 – paragraph 1 – point 6 b (new)
Article 2 – paragraph 1 – point 6 b (new)
(6b) "online application" means a program that is downloaded onto mobile devices for a specific purpose;
Amendment 45 #
Proposal for a directive
Article 3 – paragraph 1 a (new)
Article 3 – paragraph 1 a (new)
1a. The requirements laid down in the Annexes shall under no circumstances lower the requirements laid down in existing national legislation and standards governing accessibility.
Amendment 47 #
Proposal for a directive
Article 3 – paragraph 5
Article 3 – paragraph 5
5. Audiovisual media services and the related consumer equipment with advanced computing capability shall comply with the requirements set out in Section IV of Annex I.
Amendment 48 #
Proposal for a directive
Article 3 – paragraph 8
Article 3 – paragraph 8
8. E-books and electronic publications shall comply with the requirements set out in Section VII of Annex I.
Amendment 54 #
Proposal for a directive
Article 12 – paragraph 2 a (new)
Article 12 – paragraph 2 a (new)
2a. Member States shall provide for instruments of financial assistance to small and medium-sized enterprises and not-for-profit organisations that provide products and services.
Amendment 55 #
Proposal for a directive
Article 12 – paragraph 3 – point b
Article 12 – paragraph 3 – point b
Amendment 56 #
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 competent authority of the Member State in the market of which the product or service is placed or made available.
Amendment 57 #
Proposal for a directive
Article 12 – paragraph 6
Article 12 – paragraph 6
6. Where the economic operators have usclaimed the exception provided for in paragraphs 1 to 5 for a specific product or service they shall notify the relevant market surveillancecompetent authority of the Member State in the market of which the product or service is placed or made available. Notification shall include the assessment referred to in paragraph 3. Microenterprises and not-for-profit organisations are exempted from this notification requirement but must be able to supply the relevant documentation upon request from a relevant market surveillancecompetent authority.
Amendment 59 #
Proposal for a directive
Article 12 – paragraph 6 a (new)
Article 12 – paragraph 6 a (new)
6a. In order to ensure correct enforcement and scrutiny of exceptions as provided for in paragraphs 1 to 5, the relevant competent authorities shall establish a structured dialogue with disabled persons' organisations.
Amendment 60 #
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, subject to prior consultation with disabled persons' organisations, 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.
Amendment 62 #
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 as regards products in the development stage where that information cannot be provided for reasons of confidentiality as provided for in Article 19(5) of Regulation (EC) No 765/2008.
Amendment 65 #
Proposal for a directive
Article 19 – title
Article 19 – title
Procedure for dealing with products presenting a risknot complying with the rules relateding to accessibility at national level
Amendment 67 #
Proposal for a directive
Article 22
Article 22
Amendment 69 #
Proposal for a directive
Article 27 – paragraph 2
Article 27 – paragraph 2
2. They shall apply those provisions from [… insert date - sixthree years after the entry into force of this Directive].
Amendment 70 #
Proposal for a directive
Article 28 – introductory paragraph
Article 28 – introductory paragraph
By […insert date - fivetwo years after the application of this Directive], and every fivetwo 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 Directive.
Amendment 71 #
Proposal for a directive
Annex I – Section IV – title
Annex I – Section IV – title
Audiovisual media services and the related consumer equipment with advanced computing capability
Amendment 73 #
Proposal for a directive
Annex I – Section IV – letter A – paragraph 1 – point a
Annex I – Section IV – letter A – paragraph 1 – point a
(a) ensuring the accessibility of the products they use in the provision of the service, in accordance with the rules laid down in point B "Related consumer equipment with advanced computing capability"
Amendment 74 #
Proposal for a directive
Annex I – Section IV – letter A – paragraph 1 – point b – point iii
Annex I – Section IV – letter A – paragraph 1 – point b – point iii
(iii) the electronic information, including the related online applications needed in the provision of the service shall be provided in accordance with point (c).
Amendment 75 #
Proposal for a directive
Annex I – Section IV – letter A – paragraph 1 – point c
Annex I – Section IV – letter A – paragraph 1 – point c
(c) making websites and online applications 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 level;
Amendment 76 #
Proposal for a directive
Annex I – Section IV – letter B –title
Annex I – Section IV – letter B –title
Related consumer equipment with advanced computing capability
Amendment 77 #
Proposal for a directive
Annex I – Section VII – title
Annex I – Section VII – title
E-books and electronic publications
Amendment 78 #
Proposal for a directive
Annex I – Section VII – letter A – paragraph 1 – point b – point iii
Annex I – Section VII – letter A – paragraph 1 – point b – point iii
(iii) the electronic information, including the related online applications needed in the provision of the service shall be provided in accordance with point (c).
Amendment 79 #
Proposal for a directive
Annex I – Section VII – letter A – paragraph 1 – point c
Annex I – Section VII – letter A – paragraph 1 – point c
(c) making websites and online applications 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 level;
Amendment 482 #
Proposal for a directive
Article 12 – paragraph 4
Article 12 – paragraph 4
4. The burden shall not be deemed disproportionate where it is compensated by funding from other sources than the economic operator’'s own resources, whether public or private. Lack of priority, time or knowledge shall not be considered as legitimate reasons to claim the disproportionate burden.
Amendment 507 #
Proposal for a directive
Article 17 – paragraph 3 a (new)
Article 17 – paragraph 3 a (new)
3a. Each Μember State shall establish a public accessible database register of non –accessible product. Consumers shall be able to consult and log information about non – accessible products. Member States shall take the necessary measures to inform consumers or other interested parties of the possibility to lodge complaints. An interactive system between the national databases shall be envisaged possibly under the responsibility of the Commission or the relevant representative organizations so that information on non- accessible products can be disseminated across the Europe.
Amendment 554 #
Proposal for a directive
Article 25 – paragraph 2 – point b a (new)
Article 25 – paragraph 2 – point b a (new)
(ba) provisions whereby a comprehensive and adequately resourced complaints mechanism for consumers is established to complement a system of implementation and monitoring.