15 Amendments of Jordi CAÑAS related to 2020/0361(COD)
Amendment 193 #
Proposal for a regulation
Recital 4 a (new)
Recital 4 a (new)
(4a) As Party to the United Nations Convention on the Rights of Persons with Disabilities (UN CRPD), provisions of the Convention are integral part of the Union legal order and binding upon the Union and its Member States. The UN CRPD requires its Parties to take appropriate measures to ensure that persons with disabilities have access, on an equal basis with others, to information and communications technologies and systems, and other facilities and services open or provided to the public, both in urban and in rural areas. General Comment No 2 to the UNCRPD further states that “The strict application of universal design to all new goods, products, facilities, technologies and services should ensure full, equal and unrestricted access for all potential consumers, including persons with disabilities, in a way that takes full account of their inherent dignity and diversity1a”.Given the ever-growing importance of digital services and platforms in private and public life, in line with the obligations enshrined in the UN CRPD, the EU must ensure a regulatory framework for digital services which protects rights of all recipients of services, including persons with disabilities. Declaration 22 annexed to the final Act of Amsterdam provides that the institutions of the Union are to take account of the needs of persons with disabilities in drawing up measures under Article 114 TFEU. __________________ 1aGeneral comment No. 2 (2014) on Article 9: Accessibility of the UN Convention on the Rights of Persons with Disabilities.
Amendment 197 #
Proposal for a regulation
Recital 5 a (new)
Recital 5 a (new)
(5a) Given the cross-border nature of the services at stake, Union action to harmonise accessibility requirements for intermediary services across the internal market is vital to avoid market fragmentation and ensure that equal right to access and choice of those services by all consumers and other recipients of services, including by persons with disabilities, is protected throughout the Union. Lack of harmonised accessibility requirements for digital services and platforms will also create barriers for the implementation of existing Union legislation on accessibility, as many of the services falling under those laws will rely on intermediary services to reach end- users. Therefore, accessibility requirements for intermediary services, including their user interfaces, must be consistent with existing Union accessibility legislation, such as the European Accessibility Act1a and the Web Accessibility Directive1b, so that no one is left behind as result of digital innovation. This aim is in line with the Union of Equality: Strategy for the Rights of Persons with Disabilities 2021-2030 and the Union’s commitment to the United Nations’ Sustainable Development Goals. __________________ 1aDirective (EU) 2019/882 of the European Parliament and of the Council of 17 April 2019 on the accessibility requirements for products and services 1bDirective (EU) 2016/2102 of the European Parliament and of the Council of 26 October 2016 on the accessibility of the websites and mobile applications of public sector bodies
Amendment 225 #
Proposal for a regulation
Recital 12
Recital 12
(12) In order to achieve the objective of ensuring a safe, predictable and trusted online environment, for the purpose of this Regulation the concepts of “illegal content” and “illegal goods” should underpin the general idea that what is illegal offline should also be illegal online. The concepts should be defined broadly and alsto covers information relating to illegal content, products, services and activities. In particular, thate concepts should be understood to refer to information, irrespective of its form, that under the applicable law is either itself illegal, such as illegal hate speech or terrorist content and unlawful discriminatory content, or that is not in compliance with Union law since it relates to activities that are illegal, such as the sharing of images depicting child sexual abuse, unlawful non- consensual sharing of private images, online stalking, the sale of non-compliant or counterfeit products, the non-authorised use of copyright protected material or activities involvingsale of products or the provision of services in infringements of consumer protection law, the non-authorised use of copyright protected material. In this regard, it is immaterial whether the illegality of the information or activity results from Union law or from national law that is consistent with Union law and what the precise nature or subject matter is of the law in question.
Amendment 610 #
Proposal for a regulation
Article 1 – paragraph 2 – point b
Article 1 – paragraph 2 – point b
(b) set out uniform rules for a safe, accessible, predictable and trusted online environment, where fundamental rights enshrined in the Charter are effectively protected.
Amendment 623 #
Proposal for a regulation
Article 1 – paragraph 5 – introductory part
Article 1 – paragraph 5 – introductory part
5. This Rregulation and its exception of liability of digital operators is without any prejudice to and does not hinder future regulation of in the rules laid down by the following:
Amendment 628 #
Proposal for a regulation
Article 1 – paragraph 5 – point b a (new)
Article 1 – paragraph 5 – point b a (new)
(ba) Audiovisual Services Directive (EU) 2018/1808.
Amendment 630 #
Proposal for a regulation
Article 1 – paragraph 5 – point b b (new)
Article 1 – paragraph 5 – point b b (new)
(bb) Directive (EU) 2019/882 (European Accessibility Act).
Amendment 740 #
Proposal for a regulation
Article 2 – paragraph 1 – point q a (new)
Article 2 – paragraph 1 – point q a (new)
(qa) ‘persons with disabilities’ means persons within the meaning of Article 3 (1) of Directive (EU) 2019/882.
Amendment 892 #
Proposal for a regulation
Chapter III – title
Chapter III – title
Due diligence obligations for a transparent, accessible and safe online environment
Amendment 906 #
Proposal for a regulation
Article 10 a (new)
Article 10 a (new)
Amendment 1223 #
Proposal for a regulation
Article 18 – paragraph 2 – subparagraph 1 – point c
Article 18 – paragraph 2 – subparagraph 1 – point c
(c) the dispute settlement is easily accessible, including for persons with disabilities, through electronic communication technology;
Amendment 1233 #
Proposal for a regulation
Article 18 – paragraph 2 – subparagraph 1 – point d
Article 18 – paragraph 2 – subparagraph 1 – point d
(d) it is capable of settling dispute in a swift, efficient, accessible for persons with disabilities, and cost-effective manner and in at least one official language of the Union;
Amendment 1825 #
Proposal for a regulation
Article 34 – paragraph 1 – point f a (new)
Article 34 – paragraph 1 – point f a (new)
(fa) accessibility of elements and functions of online platforms and digital services for persons with disabilities aiming at consistency and coherence with existing harmonised accessibility requirements when these elements and functions are not already covered by existing harmonised European standards.
Amendment 1900 #
Proposal for a regulation
Article 37 – paragraph 2 – point a
Article 37 – paragraph 2 – point a
(a) displaying prominent information on the crisis situation provided by Member States’ authorities or at Union level which are accessible for persons with disabilities;
Amendment 1902 #
Proposal for a regulation
Article 37 – paragraph 4 – point f a (new)
Article 37 – paragraph 4 – point f a (new)
(fa) measures to ensure accessibility for persons with disabilities during implementation of crisis protocols, including by providing accessible description about these protocols.