BETA

15 Amendments of Jordi CAÑAS related to 2020/0361(COD)

Amendment 193 #
Proposal for a regulation
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.
2021/07/08
Committee: IMCO
Amendment 197 #
Proposal for a regulation
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
2021/07/08
Committee: IMCO
Amendment 225 #
Proposal for a regulation
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.
2021/07/08
Committee: IMCO
Amendment 610 #
Proposal for a regulation
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.
2021/07/08
Committee: IMCO
Amendment 623 #
Proposal for a regulation
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:
2021/07/08
Committee: IMCO
Amendment 628 #
Proposal for a regulation
Article 1 – paragraph 5 – point b a (new)
(ba) Audiovisual Services Directive (EU) 2018/1808.
2021/07/08
Committee: IMCO
Amendment 630 #
Proposal for a regulation
Article 1 – paragraph 5 – point b b (new)
(bb) Directive (EU) 2019/882 (European Accessibility Act).
2021/07/08
Committee: IMCO
Amendment 740 #
Proposal for a regulation
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.
2021/07/08
Committee: IMCO
Amendment 892 #
Proposal for a regulation
Chapter III – title
Due diligence obligations for a transparent, accessible and safe online environment
2021/07/08
Committee: IMCO
Amendment 906 #
Proposal for a regulation
Article 10 a (new)
Article 10a Accessibility requirements for intermediary services 1. Providers of intermediary services which offer services in the Union shall ensure that they design and provide services in accordance with the accessibility requirements set out in Section III, Section IV, Section VI, and Section VII of Annex I of Directive (EU) 2019/882. 2. Providers of intermediary services shall prepare the necessary information in accordance with Annex V of Directive (EU) 2019/882 and shall explain how the services meet the applicable accessibility requirements. The information shall be made available to the public in written and oral format, including in a manner which is accessible to persons with disabilities. Intermediary service providers shall keep that information for as long as the service is in operation. 3. Providers of intermediary services shall ensure that information, forms and measures provided pursuant to Articles 10 new (9), 12(1), 13(1), 14(1) and (5), 15(3) and (4), 17(1), (2) and(4), 23(2), 24, 29(1) and (2), 30(1), and 33(1) are made available in a manner that they are easy to find, accessible to persons with disabilities, and do not exceed a level of complexity superior to level B1(intermediate) of the Council of Europe’s Common European Framework of Reference for Languages. 4. Providers of intermediary services which offer services in the Union shall ensure that procedures are in place so that the provision of services remains in conformity with the applicable accessibility requirements. Changes in the characteristics of the provision of the service, changes in applicable accessibility requirements and changes in the harmonised standards or in technical specifications by reference to which a service is declared to meet the accessibility requirements shall be adequately taken into account by the provider of intermediary services. 5. In the case of non-conformity, providers of intermediary services shall take the corrective measures necessary to bring the service into conformity with the applicable accessibility requirements. Furthermore, where the service is not compliant with applicable accessibility requirements, the provider of the intermediary service shall immediately inform the Digital Services Coordinator of establishment or other competent national authority of the Member States in which the service is established, to that effect, giving details, in particular, of the non- compliance and of any corrective measures taken. 6. Provider of intermediary services shall, further to a reasoned request from a competent authority, provide it with all information necessary to demonstrate the conformity of the service with the applicable accessibility requirements. They shall cooperate with that authority, at the request of that authority, on any action taken to bring the service into compliance with those requirements. 7. Intermediary services which are in conformity with harmonised standards or parts thereof the references of which have been published in the Official Journal of the European Union, shall be presumed to be in conformity with the accessibility requirements of this Regulation insofar as those standards or parts thereof cover those requirements. 8. Intermediary services which are in conformity with the technical specifications or parts thereof adopted for the Directive (EU) 2019/882 shall be presumed to be in conformity with the accessibility requirements of this Regulation insofar as those technical specifications or parts thereof cover those requirements. 9. All intermediary services shall, at least once a year, report to their respective Digital Service Coordinators or other competent authorities on their progress in implementing the obligation to ensure accessibility for persons with disabilities as required by this Regulation. In addition to Article 44 (2), Digital Services Coordinators shall include measures taken pursuant to this article.
2021/07/08
Committee: IMCO
Amendment 1223 #
Proposal for a regulation
Article 18 – paragraph 2 – subparagraph 1 – point c
(c) the dispute settlement is easily accessible, including for persons with disabilities, through electronic communication technology;
2021/07/08
Committee: IMCO
Amendment 1233 #
Proposal for a regulation
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;
2021/07/08
Committee: IMCO
Amendment 1825 #
Proposal for a regulation
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.
2021/07/08
Committee: IMCO
Amendment 1900 #
Proposal for a regulation
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;
2021/07/08
Committee: IMCO
Amendment 1902 #
Proposal for a regulation
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.
2021/07/08
Committee: IMCO