Activities of Dieter-Lebrecht KOCH related to 2015/0278(COD)
Plenary speeches (2)
Accessibility requirements for products and services (debate) DE
Accessibility requirements for products and services (debate) DE
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 (50)
Amendment 62 #
Proposal for a directive
Recital 17
Recital 17
(17) Each product and service falling within the scope of this Directive and placed on the market after the date of application of this Directive has to comply with the accessibility requirements identified in Article 3 and listed in Annex I to be accessible for persons with disabilities and older persons. The e- commerce accessibility obligations also apply to the online sale of services under Article 1(2)(a) to (e) of this Directive.
Amendment 64 #
Proposal for a directive
Recital 18
Recital 18
(18) IOn the one hand, 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. and which are placed on the market after the date of application of this Directive. On the other hand, it is necessary to enable economic operators to implement the accessibility requirements set out in this Directive efficiently, in particular by taking into account the lifetime of self-service terminals, ticketing machines and check- in machines.
Amendment 82 #
Proposal for a directive
Recital 23
Recital 23
(23) In some situations,far as 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 may decide to include 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 85 #
Proposal for a directive
Recital 23 a (new)
Recital 23 a (new)
(23a) Where existing legislation provides for voluntary compliance with accessibility requirements, the relevant provisions shall not be amended by this Directive.
Amendment 88 #
Proposal for a directive
Recital 24 a (new)
Recital 24 a (new)
(24a) In order to establish coherent legislation for passenger transport, existing legislation on accessibility laid down in Regulation (EC) No 1371/2007, Regulation (EU) No 1300/2014 and Regulation (EU) No 454/2011 for rail transport, Regulation (EU) No 181/2011 for bus and coach transport, Regulation (EU) No 1177/2010 for sea and inland waterway transport and Regulation (EC) No 1107/2006 for air transport should be applied as a matter of priority. Where areas are not covered by this legislation, they should come within the scope of this Directive.
Amendment 111 #
Proposal for a directive
Article 1 – paragraph 1 – introductory part
Article 1 – paragraph 1 – introductory part
(1) Chapters I, II to V, and VII apply to the following new products placed on the market after the date of application of this Directive:
Amendment 116 #
Proposal for a directive
Article 1 – paragraph 2 – introductory part
Article 1 – paragraph 2 – introductory part
(2) Chapters I, II to V, and VII, apply to the following services provided after the date of application of this Directive:
Amendment 122 #
Proposal for a directive
Article 1 – paragraph 2 – point c
Article 1 – paragraph 2 – point c
(c) air, bus, rail and waterborne passenger transport services; and intermodal passenger transport services in relation to: (i) websites, mobile device-based services, smart ticketing and real time information; (ii) self-service terminals, ticketing machines and check-in machines used for provision of passenger transport services;
Amendment 132 #
Proposal for a directive
Article 1 – paragraph 3 – point c
Article 1 – paragraph 3 – point c
(c) tender procedurespublic service contracts which, after the date of application of this Directive, are awarded either through competitive tendering procedures or directly for public passenger transport services by rail and by road under Regulation (EC) No 1370/2007 of the European Parliament and of the Council.45, if the competent authorities have made compliance with accessibility requirements an award criterion; __________________ 45 Regulation (EC) No 1370/2007 of the European Parliament and of the Council of 23 October 2007 on public passenger transport services by rail and by road and repealing Council Regulations (EEC) 1191/69 and 1107/70 (OJ L 315 of 3.12.2007, p.1).
Amendment 144 #
Proposal for a directive
Article 2 – paragraph 1 – point 3
Article 2 – paragraph 1 – point 3
Amendment 159 #
Proposal for a directive
Article 3 – paragraph 6
Article 3 – paragraph 6
(6) Air, bus, rail and waterborne passenger transport services and intermodal passenger transport services, the websites, the mobile device-based services, smart ticketing and real-time information and Sself-service terminals, ticketing machines and check-in machines used for provision of passenger transport services shall be required to comply with the corresponding requirements set out in Section V of Annex I only when these requirements are not already included in the following relevant lex specialis: - for rail transport, Regulation (EC) No 1371/2007, Regulation (EU) No 1300/2014 and Regulation (EU) No 454/2011, - for bus and coach transport, Regulation (EU) No 181/2011, - for sea and inland waterway transport, Regulation (EU) No 1177/2010 - for air transport, Regulation (EU) No 1107/2006.
Amendment 169 #
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 certain products and services for persons with functional limitations including persons with disabilities create 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.
Amendment 174 #
Proposal for a directive
Article 3 – paragraph 10
Article 3 – paragraph 10
(10) It is for the Member States mayto decide, in the light of national conditions, thatwhether 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 shallould comply with the accessibility requirements of Annex I, section X, in order to maximisepermit their use by persons with functional limitations, including persons with disabilities.
Amendment 181 #
Proposal for a directive
Recital 16
Recital 16
(16) Products and services falling within the scope of this Directive are the result of a 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 185 #
Proposal for a directive
Recital 17
Recital 17
(17) Each product and service falling within the scope of this Directive and placed on the market after the date of application of this Directive has to comply with the accessibility requirements identified in Article 3 and listed in Annex I to be accessible for persons with disabilities and older persons. The e- commerce accessibility obligations also apply to the online sale of services under Article 1(2)(a) to (e) of this Directive.
Amendment 188 #
Proposal for a directive
Recital 18
Recital 18
(18) IOn the one hand, 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 and which are placed on the market after the date of application of this Directive. On the other hand, it is necessary to enable economic operators to implement the accessibility requirements set out in this Directive efficiently, in particular by taking into account the lifetime of self-service terminals, ticketing machines and check- in machines. In addition, the special position of SMEs in the European internal market should also be taken into account.
Amendment 188 #
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 disabilities, taking into account the estimated number of users and the frequency and duration of use of the specific product or service.
Amendment 191 #
Proposal for a directive
Article 12 – paragraph 3 – point b a (new)
Article 12 – paragraph 3 – point b a (new)
(ba) the lifetime of the machines that are necessary for the provision of a service.
Amendment 192 #
Proposal for a directive
Article 12 – paragraph 3 – point b b (new)
Article 12 – paragraph 3 – point b b (new)
(bb) alternatives that are offered free of charge and made available by the passenger transport service providers.
Amendment 206 #
Proposal for a directive
Recital 23 a (new)
Recital 23 a (new)
(23a) Where existing legislation provides for voluntary compliance with accessibility requirements, the relevant provisions shall not be amended by this Directive.
Amendment 207 #
Proposal for a directive
Article 21 – paragraph 1 – point c
Article 21 – paragraph 1 – point c
(c) When establishing the accessibility requirements related to social and quality criteria established by competent authorities iIn tender procedures for public passenger transport services by rail and by road under Regulation (EC) No 1370/2007 where the competent authorities lay down accessibility requirements;
Amendment 210 #
Proposal for a directive
Recital 24 a (new)
Recital 24 a (new)
(24a) In order to establish coherent legislation for passenger transport, existing legislation on accessibility laid down in Regulation (EC) No 1371/2007, Regulation (EU) No 1300/2014 and Regulation (EU) No 454/2011 for rail transport, Regulation (EU) No 181/2011 for bus and coach transport, Regulation (EU) No 1177/2010 for sea and inland waterway transport and Regulation (EC) No 1107/2006 for air transport should be applied as a matter of priority. Where areas are not covered by this legislation, they should come within the scope of this Directive.
Amendment 230 #
Proposal for a directive
Article 27 – paragraph 2
Article 27 – paragraph 2
(2) They shall apply those provisions from [… insert date - sixeight years after the entry into force of this Directive].
Amendment 234 #
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, including people with disabilities, 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.
Amendment 235 #
Proposal for a directive
Recital 40 a (new)
Recital 40 a (new)
(40a) With a view to establishing common technical specifications and harmonised standards meeting the accessibility requirements for the products and services in the most efficient way the Commission should involve European umbrella organisations of persons with disabilities and all other relevant stakeholders in the decision making process where feasible .
Amendment 240 #
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 limitationsconsumers, including persons with disabilities, create 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.
Amendment 259 #
Proposal for a directive
Recital 16
Recital 16
(16) Products and services falling within the scope of this Directive are the result of a screening exercise, carried out during the preparation of the Impact Assessment that identified those relevant products and services for persons with functional limitationconsumers, including persons with disabilities and older persons, for which Member States have adopted or are likely to adopt diverging national accessibility requirements.
Amendment 269 #
Proposal for a directive
Annex I – section V – part B – point a a (new)
Annex I – section V – part B – point a a (new)
(aa) As a minimum, the content of websites relating to the following operations must comply with the requirements under (a): (i) accessing timetables, special reduced fares and all-network tickets, as well as details of reservation costs and ticket prices; (ii) booking or changing a booking or reservation including all transport amenities; (iii) checking in; (iv) accessing a personal travel itinerary; (v) accessing the status of a flight; (vi) accessing a personal customer account; (vii) accessing carrier contact information; (viii) accessing information on transport assistance available.
Amendment 270 #
Proposal for a directive
Annex I – section V – part B – point a b (new)
Annex I – section V – part B – point a b (new)
(ab) Third-party content that is neither funded nor developed by, nor under the control of, the provider concerned shall be exempt from the requirements laid down in (a).
Amendment 278 #
Proposal for a directive
Article 1 – paragraph 2 – introductory part
Article 1 – paragraph 2 – introductory part
(2) Chapters I, II to V, and VII, apply to the following services provided after the date of application of this Directive:
Amendment 286 #
Proposal for a directive
Article 1 – paragraph 2 – point c
Article 1 – paragraph 2 – point c
(c) air, bus, rail and waterborne passenger transport services and intermodal passenger transport services in relation to: i) websites, mobile device-based services, smart ticketing and real time information; and (ii) self-service terminals, ticketing machines and check-in machines used for provision of passenger transport services;
Amendment 295 #
Proposal for a directive
Article 1 – paragraph 1 – introductory part
Article 1 – paragraph 1 – introductory part
(1) Chapters I, II to V, and VII apply to the following new products placed on the market after the entry into force of this Directive:
Amendment 302 #
Proposal for a directive
Article 1 – paragraph 2 – introductory part
Article 1 – paragraph 2 – introductory part
(2) Chapters I, II to V, and VII, apply to the following services provided after the entry into force of this Directive:
Amendment 316 #
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 for persons with functional limitations, including persons with disabilitiesfindable, accessible and usable for persons with disabilities in the generally customary manner, without special difficulties and, oin an equal basis withprinciple, without the assistance of others;
Amendment 316 #
Proposal for a directive
Article 1 – paragraph 3 – point c
Article 1 – paragraph 3 – point c
(c) tender procedurespublic service contracts which, after the date of application of this Directive, are awarded either through competitive tendering procedures or directly for public passenger transport services by rail and by road under Regulation (EC) No 1370/2007 of the European Parliament and of the Council. 45, if the competent authorities have made compliance with accessibility requirements an award criterion; __________________ 45 Regulation (EC) No 1370/2007 of the European Parliament and of the Council of 23 October 2007 on public passenger transport services by rail and by road and repealing Council Regulations (EEC) 1191/69 and 1107/70 (OJ L 315 of 3.12.2007, p.1).
Amendment 321 #
Proposal for a directive
Article 2 – paragraph 1 – point 3
Article 2 – paragraph 1 – point 3
Amendment 326 #
Proposal for a directive
Article 1 a (new)
Article 1 a (new)
Article 1a Exclusion of microenterprises Member States may exclude from the application of this Directive microenterprises because of their size, resources and the nature of those economic operators.
Amendment 327 #
Proposal for a directive
Article 2 – point 1
Article 2 – point 1
(1) “"accessible products and services” are products and services that are perceptible, operable and understandable for persons with functional limitations, including personswhich are usable for people with disabilities, on an equal basis with others in a general manner and without substantial external help;
Amendment 348 #
Proposal for a directive
Article 2 – point 21 a (new)
Article 2 – point 21 a (new)
(21a) "assistive technology" means any item, piece of equipment, or product system, whether acquired commercially, modified, or customized, that is used to increase, maintain, or improve functional capabilities of persons with disabilities;
Amendment 355 #
Proposal for a directive
Article 3 – paragraph 1
Article 3 – paragraph 1
1. Member States shall ensure that the products and services referred to in Article 1(1) and 1(2) comply with the accessibility requirements set out in Annex I in accordance with paragraphs 2 to 9 of this Article. The use of assistive technology to achieve the goal of accessibility is permissible.
Amendment 373 #
Proposal for a directive
Article 3 – paragraph 6
Article 3 – paragraph 6
(6) Air, bus, rail and waterborne passenger transport services and intermodal passenger transport services, the websites, the mobile device-based services, smart ticketing and real-time information and Sself-service terminals, ticketing machines and check-in machines used for provision of passenger transport services shall be required to comply with the corresponding requirements set out in Section V of Annex I only when these requirements are not already included in the following relevant lex specialis: - for rail transport, Regulation (EC) No 1371/2007, Regulation (EU) No 1300/2014 and Regulation (EU) No 454/2011, - for bus and coach transport, Regulation (EU) No 181/2011, - for sea and inland waterway transport, Regulation (EU) No 1177/2010 - for air transport, Regulation (EU) No 1107/2006.
Amendment 375 #
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.
Amendment 479 #
Proposal for a directive
Article 12 – paragraph 3 – point b a (new)
Article 12 – paragraph 3 – point b a (new)
(ba) the lifetime of the machines that are necessary for the provision of a service.
Amendment 480 #
Proposal for a directive
Article 12 – paragraph 3 – point b b (new)
Article 12 – paragraph 3 – point b b (new)
(bb) alternatives that are offered free of charge and made available by the passenger transport service providers.
Amendment 489 #
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 notifyinform the relevant market surveillance authority of the Member State in the market of which the product or service is placed or made available. Notification shall include tThe assessment referred to in paragraph 3 shall be submitted to the market surveillance authority upon reasonable request. Microenterprises are exempted from this notification requirement but must be able to supply the relevant documentation upon request from a relevant market surveillance authority.
Amendment 538 #
Proposal for a directive
Article 21 – paragraph 1 – point c
Article 21 – paragraph 1 – point c
(c) When establishing the accessibility requirements related to social and quality criteria established by competent authorities in tender procedures for public passenger transport services by rail and by road under Regulation (EC) No 1370/2007, in so far as the competent authorities lay down accessibility requirements;
Amendment 542 #
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 estimated benefit for persons with disabilities, taking into account the frequency and, duration of use of the specific product or service; as well as the estimated amount of users.
Amendment 552 #
Proposal for a directive
Article 25 – paragraph 2 – point b
Article 25 – paragraph 2 – point b
(b) provisions whereby public bodies or private associations, organisations or other legal entities which have a legitimate interest, in ensuring that the provisions of this Directive are complied with,that are directly affected by the non-conformity of a product or service may take action under national law before the courts or before the competent administrative bodies on behalf of consumers to ensure that the national provisions transposing this Directive are complied with.
Amendment 622 #
Proposal for a directive
Annex I – Section V – Part B – point a a (new)
Annex I – Section V – Part B – point a a (new)
(aa) As a minimum, the content of websites relating to the following operations must comply with the requirements under (a): (i) accessing timetables, special reduced fares and all-network tickets, as well as details of reservation costs and ticket prices; (ii) booking or changing a booking or reservation including all transport amenities; (iii) checking in; (iv) accessing a personal travel itinerary; (v) accessing the status of a flight; (vi) accessing a personal customer account; (vii) accessing carrier contact information; (viii) accessing information on transport assistance available.
Amendment 623 #
Proposal for a directive
Annex I – Section V – Part B – point a b (new)
Annex I – Section V – Part B – point a b (new)
(ab) Third-party content that is neither funded nor developed by, nor under the control of, the provider concerned shall be exempt from the requirements laid down in (a).