20 Amendments of Andreas SCHWAB related to 2015/0278(COD)
Amendment 237 #
Proposal for a directive
Recital 44
Recital 44
Amendment 256 #
Proposal for a directive
Recital 53 a (new)
Recital 53 a (new)
(53a) The accessibility requirements laid down in this Directive should apply only to those products placed on the Union market after the entry into force of the national implementing measures.
Amendment 260 #
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 Union market after the entry into force of the national measures implementing the Directive:
Amendment 334 #
Proposal for a directive
Article 2 – point 2
Article 2 – point 2
(2) “universal design” referred to also as “design for all” means the design of products, environments, programmes and services to be usable by all people, to the greatest extent possible and as far as technically possible, without the need for adaptation or specialised design; “universal design” does not exclude assistive devicesthe need to connect assistive devices such as third- party provider applications, peripheral devices, software, or hardware to the particular product in order to make it accessible for particular groups of persons with functional limitations, including persons with disabilities where this is needed;
Amendment 361 #
Proposal for a directive
Article 3 – paragraph 3
Article 3 – paragraph 3
(3) The followingAn appropriate number of self- service terminals: Automatic Teller Machines, ticketing machines and check-in machines shall comply with the requirements set out in Section II of Annex I shall comply with the requirements set out in Section II of Annex I: automatic Teller Machines, ticketing machines and check-in machines.
Amendment 372 #
Proposal for a directive
Article 3 – paragraph 6
Article 3 – paragraph 6
(6) An appropriate number of 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.
Amendment 375 #
Proposal for a directive
Article 3 – paragraph 7
Article 3 – paragraph 7
(7) BAn appropriate number of banking services, the websites, the mobile device- based banking services, self- service terminals, including Automatic Teller machines used for provision of banking services shall comply with the requirements set out in Section VI of Annex I.
Amendment 409 #
Proposal for a directive
Article 5 – paragraph 7
Article 5 – paragraph 7
Amendment 432 #
Proposal for a directive
Article 7 – paragraph 3
Article 7 – paragraph 3
(3) Where an importer considers or has reason to believe that a product is not in conformity with the accessibility requirements referred to in Article 3, he shall not place the product on the market until it has been brought into conformity. Furthermore, where the product presents a risk to safety or health, the importer shall inform the manufacturer and the market surveillance authorities to that effect.
Amendment 441 #
Proposal for a directive
Article 7 – paragraph 8
Article 7 – paragraph 8
(8) Importers who consider or have reason to believe that a product which they have placed on the market is not in conformity with the requirements referred to in Article 3 shall immediately take the necessary corrective measures to bring that product into conformity, to withdraw it or recall it, if appropriate. Furthermore, where the product presents a risk to safety or health, importers shall immediately inform the competent national authorities of the Member States in which they made the product available to that effect, giving details, in particular, of the non-compliance and of any corrective measures taken.
Amendment 452 #
Proposal for a directive
Article 8 – paragraph 3
Article 8 – paragraph 3
(3) Where a distributor considers or has reason to believe that a product is not in conformity with the accessibility requirements referred to in Article 3, they shall not make the product available on the market until it has been brought into conformity. Furthermore, where the product presents a risk to safety or health, the distributor shall inform the manufacturer and the market surveillance authorities to that effect.
Amendment 459 #
Proposal for a directive
Article 8 – paragraph 5
Article 8 – paragraph 5
(5) Distributors who consider or have reason to believe that a product which they have made available on the market is not in conformity with this Directive shall make sure that the necessary corrective measures are taken to bring that product into conformity, to withdraw it or recall it, if appropriate. Furthermore, where the product presents a risk to safety or health, distributors shall immediately inform the competent national authorities of the Member States in which they made the product available to that effect giving details, in particular, of the non-compliance and of any corrective measures taken.
Amendment 487 #
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. Microenterprises are exempted from this notification requirement but must be able to supply the relevant documentation upon request from a relevant market surveillance authorityThe assessment must be submitted to the relevant market surveillance authority in accordance with paragraph 3, if so requested.
Amendment 503 #
Proposal for a directive
Article 16
Article 16
Amendment 513 #
Proposal for a directive
Article 19 – title
Article 19 – title
Procedure for dealing with products presenting a risk to safety or health related to accessibility at national level
Amendment 515 #
Proposal for a directive
Article 19 – paragraph 1 – subparagraph 1
Article 19 – paragraph 1 – subparagraph 1
Where the market surveillance authorities of one Member State have taken action pursuant to Article 20 of Regulation (EC) No 765/2008, or where they have sufficient reason to believe that a product covered by this Directive presents a risk to safety or health related to accessibility aspects covered by this Directive, they shall carry out an evaluation in relation to the product concerned covering all the requirements laid down in this Directive. The relevant economic operators shall fully cooperate with the market surveillance authorities.
Amendment 524 #
Proposal for a directive
Article 19 – paragraph 5 – introductory part
Article 19 – paragraph 5 – introductory part
(5) The information referred to in paragraph 4 shall include all available details, in particular the data necessary for the identification of the non-compliant product, the origin of the product, the nature of the alleged non-compliance and the risk to safety or health involved, the nature and duration of the national measures taken and the arguments put forward by the relevant economic operator. In particular, the market surveillance authorities shall indicate whether the non- compliance is due to any of the following:
Amendment 525 #
Proposal for a directive
Article 19 – paragraph 5 – point a
Article 19 – paragraph 5 – point a
(a) the failure of the product to meet requirements relating to those set out in Article 3 of this Directive, resulting in a risk to safety or health, or
Amendment 526 #
Proposal for a directive
Article 19 – paragraph 5 – point b
Article 19 – paragraph 5 – point b
(b) the shortcomings in the harmonised standards referred to in Article 13 conferring a presumption of conformity, resulting in a risk to safety or health.
Amendment 528 #
Proposal for a directive
Article 19 – paragraph 8
Article 19 – paragraph 8
(8) Member States shall ensure that appropriate, proportionate restrictive measures are taken in respect of the product concerned, such as withdrawal of the product from their market, without delay.