Activities of Marian HARKIN related to 2015/0278(COD)
Plenary speeches (1)
Accessibility requirements for products and services (debate)
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 (24)
Amendment 236 #
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 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 facilitatesare essential for independent living.
Amendment 247 #
Proposal for a directive
Recital 6
Recital 6
(6) The approximation of national measures at Union level is therefore necessary for the proper functioning of the internal market in order to put an end to fragmentation in the market of accessible products and services, to create economies of scale, to facilitate cross-border trade and mobility,, free movement of goods and services and the free movement and mobility of persons, including persons with disabilities 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 253 #
Proposal for a directive
Recital 13
Recital 13
(13) The entry into force of the Convention in the Member States’ legal orders entails the need to adopt additional national provisions on accessibility of products and, services and the built environment related to the provision of services which without Union action would further increase disparities between national provisions.
Amendment 265 #
Proposal for a directive
Recital 18
Recital 18
(18) It is necessary to introduce the accessibility requirements, while enabling all people to fully use the products and services covered by the Directive, 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.
Amendment 267 #
Proposal for a directive
Recital 19
Recital 19
(19) It is therefore necessary to specify accessibility requirements for the placing on the market of products and services as well as the built environment related to the provision of services which fall within the scope of this Directive in order to ensure their free circulation in the internal market.
Amendment 273 #
Proposal for a directive
Recital 23
Recital 23
(23) In some situations, cCommon accessibility requirements of the built environment wshould facilitate the free movement of the related services and of persons with disabilities. Therefore, this Directive enables Member States 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 276 #
Proposal for a directive
Recital 25 a (new)
Recital 25 a (new)
(25a) When identifying and classifying the needs of persons with disabilities the product or service is intended to meet, the principle of the universal design should be viewed in accordance with the General Comment No. 2 (2014) on Article 9 of the UN Committee on the Rights of Persons with Disabilities1a. __________________ 1ahttps://documents-dds- ny.un.org/doc/UNDOC/GEN/G14/033/13/ PDF/G1403313.pdf?OpenElement
Amendment 287 #
Proposal for a directive
Recital 37
Recital 37
(37) This Directive should follow the principle of 'think small first' and should take account of the administrative burdens that SMEs are faced with. It should set lightprecise and effective rules in terms of conformity assessment and should establish safeguard clauses for economic operators, rather than providing for general exceptions and derogations for those enterprises. Consequently, when setting up the rules for the selection and implementation of the most appropriate conformity assessment procedures, the situation of SMEs should be taken into account and the obligations to assess conformity of accessibility requirements should be limited to the extent that they do not pose a disproportionate burden on SMEs. In addition, market surveillance authorities should operate in a proportionate manner in relation to the size of undertakings and to the small serial or non-serial nature of the production concerned, without creating unnecessary obstacles for SMEs and without compromising the protection of public interests.
Amendment 290 #
Proposal for a directive
Recital 40
Recital 40
(40) In the absence of harmonised standards and where needed for market harmonisation purposes, the Commission should be able to adopt implementing acts establishing common technical specifications for the accessibility requirements set in this Directive.
Amendment 314 #
Proposal for a directive
Article 1 a (new)
Article 1 a (new)
Article 1a Measures which go beyond the minimum requirements Member States may maintain or introduce measures in conformity with Union law which go beyond the minimum requirements for accessibility established by this Directive.
Amendment 324 #
Proposal for a directive
Article 2 – paragraph 1 – point 21
Article 2 – paragraph 1 – point 21
(21) “"e-commerce”" means the online sale of products and services, including any third party elements needed for the provision of the online sale.
Amendment 366 #
Proposal for a directive
Article 3 – paragraph 10
Article 3 – paragraph 10
10. Member States may decidshall ensure, in the light of national conditions, that 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 shall, comply with the accessibility requirements of Annex I, section X, in order to maximise their use by persons with functional limitations, including persons with disabilities.
Amendment 384 #
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 functional limitations, including persons with disabilities, taking into account the frequency and duration of use of the specific product or service.
Amendment 396 #
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 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. In order for an exemption to be granted pursuant to such exception, the market surveillance authority shall regularly verify such assessments, unless the economic operator has provided an independent third party assessment. 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 401 #
Proposal for a directive
Article 12 – paragraph 6 a (new)
Article 12 – paragraph 6 a (new)
6a. A structured dialogue shall be established between relevant stakeholders, including persons with disabilities and their representative organisations and the market surveillance authorities, to ensure that adequate principles for the assessment of these exceptions are established.
Amendment 408 #
Proposal for a directive
Article 19 – paragraph 8 a (new)
Article 19 – paragraph 8 a (new)
8a. To facilitate the exchange of information and best practices amongst the market surveillance authorities and to ensure coherence in the application of the requirements set out in the Directive, the Commission shall establish a working group formed by representatives of the national authorities and the representative organisations of the relevant stakeholders, including persons with disabilities and their representative organisations.
Amendment 413 #
Proposal for a directive
Article 21 – paragraph 1 – point d a (new)
Article 21 – paragraph 1 – point d a (new)
(da) where applicable, to the provisions in Union legislation referring to accessibility for persons with disabilities.
Amendment 416 #
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 functional limitations, including persons with disabilities, taking into account the frequency and duration of use of the specific product or service;
Amendment 432 #
Proposal for a directive
Annex I – row 2 – Section I – column 1 – title
Annex I – row 2 – Section I – column 1 – title
General purpose computer hardware and operating systems and household appliances operated by user interface
Amendment 438 #
Proposal for a directive
Annex I – row 2 – Section I – column 2 – point 2 – title
Annex I – row 2 – Section I – column 2 – point 2 – title
Amendment 453 #
Proposal for a directive
Annex I – row 3 – Section II – column 2 – point 1 – point d
Annex I – row 3 – Section II – column 2 – point 1 – point d
(d) the interfacing of the product with assistive devices and technologies, including hearing technologies, such as hearing aids, telecoils, cochlear implants and assistive listening devices. The product shall also allow for the use of personal headsets.
Amendment 455 #
Proposal for a directive
Annex I – row 3 – Section II – column 2 – point 2 – title
Annex I – row 3 – Section II – column 2 – point 2 – title
Amendment 466 #
Proposal for a directive
Annex I – row 4 – Section III – column 2 – point A – point 1 – point c
Annex I – row 4 – Section III – column 2 – point A – point 1 – point c
(c) making websites and mobile based services, including mobile applications needed for the provision of the service 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 496 #
Proposal for a directive
Annex I – row 6 – Section V – column 2 – point A – point 1 – point c a (new)
Annex I – row 6 – Section V – column 2 – point A – point 1 – point c a (new)
(ca) the built environment needed for the provision of the service shall comply with Section X of this Annex.