22 Amendments of Markus FERBER related to 2015/0278(COD)
Amendment 36 #
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 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 38 #
Proposal for a directive
Recital 4
Recital 4
(4) Due to tThe 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 both coverage and level of detail. Those differences may 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 40 #
Proposal for a directive
Recital 6
Recital 6
(6) The approximation of national measures at Union level is therefore necessary for the proppromotes better functioning of the internal market in order to put an end toreduce 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 65 #
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 and by specifying that the Directive applies only to those undertakings which have the resources to comply with reporting and documentation requirements.
Amendment 92 #
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 very often face hurdles and obstacles in developing their products or services, notably in the cross-border context. It iscould therefore necessary to facilitate the work of the SMEs and micro- enterprisbe advantageous to facilitate cross-border trade and sales by harmonising the national provisions on accessibility while maintaining the necessary safeguards.
Amendment 137 #
Proposal for a directive
Article 1 – paragraph 3 a (new)
Article 1 – paragraph 3 a (new)
Amendment 140 #
Proposal for a directive
Article 1 – paragraph 3 b (new)
Article 1 – paragraph 3 b (new)
(3b) Chapter II shall not apply to micro-enterprises, due to their limited resources and their field of operation.
Amendment 141 #
Proposal for a directive
Article 1 – paragraph 3 c (new)
Article 1 – paragraph 3 c (new)
(3c) The requirements of this Directive shall apply to new products purchased after the entry into force of this Directive. Products that were put into service before the entry into force of this Directive and that are still operational are excluded from the scope of this Directive and do not need to be replaced.
Amendment 162 #
Proposal for a directive
Article 3 – paragraph 6
Article 3 – paragraph 6
(6) Air, bus, rail and waterborne 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 comply with the corresponding requirements set out in Section V of Annex I, unless a comparable functional alternative is available.
Amendment 186 #
Proposal for a directive
Article 12 – paragraph 1 a (new)
Article 12 – paragraph 1 a (new)
(1a) The accessibility requirements referred to in Article 3 shall not apply if appropriate alternatives, such as accessible products or services, to which all consumers have access on identical or virtually identical terms, are available.
Amendment 190 #
Proposal for a directive
Article 12 – paragraph 3 – point b
Article 12 – paragraph 3 – point b
(b) the estimated additional costs and benefits for the economic operators 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.
Amendment 193 #
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 the relevant market surveillance, at the request of the competent 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 are exempted from this notification requirement but must be able to supply the relevant documentation upon request from a relevant market surveillance authorityavailable, make available their proportionality assessment referred to in paragraph 3.
Amendment 239 #
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 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 243 #
Proposal for a directive
Recital 4
Recital 4
(4) Due to tThe 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 both coverage and level of detail. Those differences may 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 246 #
Proposal for a directive
Recital 6
Recital 6
(6) The approximation of national measures at Union level is therefore necessary for the proppromotes better functioning of the internal market in order to put an end toreduce 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 266 #
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 and in that the Directive applies only to those undertakings which have the resources to comply with reporting and documentation requirements.
Amendment 279 #
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 very often face hurdles and obstacles in developing their products or services, notably in the cross-border context. It iscould therefore necessary to facilitate the work of the SMEs and micro- enterprisbe advantageous to facilitate cross-border trade and sales by harmonising the national provisions on accessibility while maintaining the necessary safeguards.
Amendment 310 #
Proposal for a directive
Article 1 – paragraph 3 a (new)
Article 1 – paragraph 3 a (new)
(3a) This Directive does not apply to the following content of websites and mobile applications: (a) office file formats published before the entry into force of this Directive, unless such content is needed for active administrative processes relating to the tasks performed by the public sector body concerned; (b) time-based media published before 23 September 2020; (c) live time-based media; (d) online maps and mapping services, as long as essential information is provided in an accessible digital manner for maps intended for navigational use; (e) third-party content that is neither funded nor developed by, nor under the control of, the public sector body concerned.
Amendment 313 #
Proposal for a directive
Article 1 – paragraph 3 b (new)
Article 1 – paragraph 3 b (new)
3b. Chapter II shall not apply to micro-enterprises, due to their limited resources and their field of operation.
Amendment 379 #
Proposal for a directive
Article 12 – paragraph 1 a (new)
Article 12 – paragraph 1 a (new)
(1a) The accessibility requirements referred to in Article 3 shall not apply if appropriate alternatives, such as accessible products or services, to which all consumers have access on identical or virtually identical terms, are available.
Amendment 382 #
Proposal for a directive
Article 12 – paragraph 3 – point b
Article 12 – paragraph 3 – point b
(b) the estimated additional costs and benefits for the economic operators 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.
Amendment 392 #
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 the relevant market surveillance, at the request of the competent authority of the Member State in the market of which the product or service is placed or made available. Notification shall include the, make available their proportionality assessment referred to in paragraph 3. Microenterprises are exempted from this notification requirement but must be able to supply the relevant documentation upon request from a relevant market surveillance authority.