55 Amendments of Marc TARABELLA related to 2015/0278(COD)
Amendment 164 #
Proposal for a directive
Citation 1 a (new)
Citation 1 a (new)
Having regard to the Charter of Fundamental Rights of the European Union, in particular Article 26 thereof,
Amendment 170 #
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 includingand 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
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, freedom of movement of products and services, free movement of persons 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 179 #
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 goods and services which without Union action would further increase disparities between national provisions.
Amendment 182 #
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, includingolder persons and persons with disabilities and older persons, for which Member States have adopted or are likely to adopt diverging national accessibility requirements.
Amendment 189 #
Proposal for a directive
Recital 18
Recital 18
(18) It is necessary to introduce the accessibility requirements which enable all people to fully use the products and services and infrastructure, including the built environment, covered by this 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 193 #
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 connected to the provision of those products and services which fall within the scope of this Directive in order to ensure their free circulation in the internal market.
Amendment 198 #
Proposal for a directive
Recital 21
Recital 21
(21) The Commission’s proposal for a DirectiveDirective (EU) 2016/2102 of the European Parliament and of the Council34 includes accessibility requirements for a specific set of public sector bodies’' websites. In addition, it proposes to establishes the basis for a monitoring and reporting methodology of the compliance of the relevant websites and mobile applications with the requirements listed in that Directive. Both the accessibility requirements and the monitoring and reporting methodology included in that Directive are to apply to the public sector bodies' websites and mobile applications. With the purpose of, notably, ensuring that relevant authorities implement the same accessibility requirements independently of the type of regulated website and mobile applications, the accessibility requirements set out in this Directive should be aligned to those of the proposed Directive on the accessibility of public sector bodies’ websitesDirective (EU) 2016/2102. Activities of ecommerce of public sector websites and mobile applications which are not covered by that Directive, fall under (EU) 2016/2102 fall within the scope of this proposalDirective, in order to ensure that the online sale of products and services is accessible for persons with disabilities and older persons, irrespective of their public or private sale. __________________ 34 Proposal for a DirectiveDirective (EU) 2016/2102 of the European Parliament and of the Council of 26 October 2016 on the accessibility of public sector bodies' websites COM(2012) 721the websites and mobile applications of public sector bodies (OJ L 327, 2.12.2016, p. 1) .
Amendment 202 #
Proposal for a directive
Recital 23
Recital 23
(23) In some situations,Without common accessibility requirements of the built environment would facilitate the free movement of the related services and ofconnected to products and services, any accessibility standards of goods and services cannot be effective in ensuring accessibility for persons with disabilities. . Therefore, this Directive enablesshould oblige Member States to include the built environment used in the provision of the products and services under the scope of this Directive, ensuring compliance with the accessibility requirements set in Annex X.
Amendment 225 #
Proposal for a directive
Recital 36
Recital 36
(36) For reasons of proportionality, accessibility requirements should only apply to the extent that they do not impose a disproportionate burden on the economic operator concerned, or require a change in the products and services which would result in their fundamental alteration in accordance with the specified criteria. Only legitimate reasons should be taken into account in any assessment of the extent to which the accessibility requirements cannot be met because they would impose a disproportionate burden. Lack of priority, time or knowledge should not be considered as legitimate reasons.
Amendment 228 #
Proposal for a directive
Recital 37
Recital 37
(37) This Directive should follow the principle of 'think small first' and shouldbe wide- reaching, while also takeing 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 enterpriseseconomic operators could invoke safeguard clauses under exceptional circumstances only, rather than providing for general exceptions and derogations for those enterprises. Exceptions to the rules of conformity assessment should be interpreted restrictively. 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 232 #
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 adopt or to specify needs of persons with functional limitations and persons with disabilities, the Commission should be able adopt, in cooperation with organisations representing persons with disabilities, implementing acts establishing common technical specifications for the accessibility requirements set in this Directive.
Amendment 243 #
Proposal for a directive
Recital 45
Recital 45
(45) In accordance with Regulation (EC) No 765/2008 by affixing the CE marking to a product, the manufacturer declares that the product is in conformity with all applicable accessibility requirements and that he takes full responsibility therefor. The manufacturer should add a clear reference to accessibility next to the CE marking in order to better inform consumers.
Amendment 250 #
Proposal for a directive
Recital 50
Recital 50
(50) A safeguard procedure should be set up which applies only in the event of disagreement between Member States over measures taken by a Member State under which interested parties are informed of measures intended to be taken with regard to products not complying with the accessibility requirements of this Directive. It should allow market surveillance authorities, in cooperation with organisations representing persons with disabilities and the relevant economic operators, to act at an earlier stage in respect of such products.
Amendment 268 #
Proposal for a directive
Article 1 – paragraph 1 – point b – point iii a (new)
Article 1 – paragraph 1 – point b – point iii a (new)
(iiia) payment terminals.
Amendment 277 #
Proposal for a directive
Article 1 – paragraph 1 – point da (new)
Article 1 – paragraph 1 – point da (new)
(da) e-book readers.
Amendment 293 #
Proposal for a directive
Article 1 – paragraph 2 – point d
Article 1 – paragraph 2 – point d
(d) banking and payment services;
Amendment 297 #
Proposal for a directive
Article 1 – paragraph 2 – point e
Article 1 – paragraph 2 – point e
(e) e-books and e-book readers;
Amendment 302 #
Proposal for a directive
Article 1 – paragraph 2 – point f a (new)
Article 1 – paragraph 2 – point f a (new)
(fa) websites and mobile device-based services of postal, energy and insurance providers.
Amendment 328 #
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 and robust for persons with functional limitations, including and persons with disabilities, on an equal basis with others;
Amendment 335 #
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, without the need for adaptation or specialised design; “universal design” does not exclude assistive devices for particular groups of persons with functional limitations, including and persons with disabilities where this is needed;
Amendment 347 #
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 that is used to increase, maintain, or improve functional capabilities of individuals with functional limitations, and persons with disabilities and older people;
Amendment 349 #
Proposal for a directive
Article 2 – point 21 b (new)
Article 2 – point 21 b (new)
(21b) "specific access service" means a service such as audio description, subtitles for the deaf and hard of hearing, and signing that improves the accessibility of audiovisual content, namely programs, for persons with disabilities;
Amendment 350 #
Proposal for a directive
Article 2 – point 21 c (new)
Article 2 – point 21 c (new)
(21c) "Subtitles for deaf persons and hard of hearing (SDH) persons" means synchronized visual text alternatives for both speech and non-speech audio information needed to understand the media content;
Amendment 351 #
Proposal for a directive
Article 2 – point 21 d (new)
Article 2 – point 21 d (new)
(21d) "audio description" means additional audible narrative, interleaved with the dialogue, which describes the significant aspects of the visual content of audiovisual media that cannot be understood from the main soundtrack alone;
Amendment 352 #
Proposal for a directive
Article 2 – point 21 e (new)
Article 2 – point 21 e (new)
(21e) "spoken subtitles or audio subtitles" means read aloud of subtitles in the national language when the audio speech is in a different language;
Amendment 353 #
Proposal for a directive
Article 2 – point 21 f (new)
Article 2 – point 21 f (new)
(21f) "relay services" means phone services operated by interpreters that enable people who are deaf or hard of hearing or who have a speech impairment, to communicate by phone through an interpreter with a person who can hear in a manner that is "functionally equivalent" to the ability of an individual without a disability;
Amendment 354 #
Proposal for a directive
Article 2 – point 21 g (new)
Article 2 – point 21 g (new)
(21g) "real time text" means communication using the transmission of text where characters are transmitted by a terminal as they are typed in such a way that the communication is perceived by the user as being continuous;
Amendment 359 #
Proposal for a directive
Article 3 – paragraph 2
Article 3 – paragraph 2
2. General purpose computer hardware and operating systems and e- books readers shall comply with the requirements set out in Section I of Annex I.
Amendment 365 #
Proposal for a directive
Article 3 – paragraph 3
Article 3 – paragraph 3
3. The following self-service terminals: Automatic Teller Machines, ticketing machines, payment terminals and check-in machines shall comply with the requirements set out in Section II of Annex I.
Amendment 381 #
Proposal for a directive
Article 3 – paragraph 8
Article 3 – paragraph 8
8. E-books and e-book readers shall comply with the requirements set out in Section VII of Annex I.
Amendment 387 #
Proposal for a directive
Article 3 – paragraph 10
Article 3 – paragraph 10
10. Member States may decide, in the light of national conditions,shall ensure 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 as well as any other service or place for the purchase of any of the products included in this Directive shall comply with the accessibility requirements of Annex I, section X, in order to maximise their use by persons with functional limitations, including and persons with disabilities.
Amendment 404 #
Proposal for a directive
Article 5 – paragraph 2 – subparagraph 2
Article 5 – paragraph 2 – subparagraph 2
Where compliance of a product with the applicable accessibility requirements has been demonstrated by that procedure, manufacturers shall draw up an EU declaration of conformity and affix the CE marking. They shall include an additional clear reference to accessibility.
Amendment 413 #
Proposal for a directive
Article 5 – paragraph 7
Article 5 – paragraph 7
7. Manufacturers shall ensure that the product is accompanied by instructions and safety information in a language which can be easily understood by consumers and end-users, as determined by the Member State concerned. The provision of instructions and safety information to consumers should be done in accessible and multiple formats.
Amendment 464 #
Proposal for a directive
Article 8 – paragraph 6 a (new)
Article 8 – paragraph 6 a (new)
6a. Distributors shall ensure proper and continuous training of personnel to be knowledgeable in how to use accessible products and deliver accessible services. That training shall cover issues such as information provision, advice and advertising.
Amendment 472 #
Proposal for a directive
Article 11 – paragraph 4 a (new)
Article 11 – paragraph 4 a (new)
4a. Even if a service, or part of a service, is subcontracted to a third party, the accessibility of that service should not be compromised and the obligations of this Directive shall apply.
Amendment 477 #
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 and persons with disabilities, taking into account the frequency and duration of use of the specific product or service.
Amendment 491 #
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 authority. The market surveillance authority shall systematically verify the assessment for such an exemption to be granted.
Amendment 495 #
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 organisations representing persons with disabilities and the market surveillance authorities to ensure that adequate principles for the assessment of the exemptions are established to make sure they are coherent.
Amendment 497 #
Proposal for a directive
Article 12 – paragraph 6 b (new)
Article 12 – paragraph 6 b (new)
6b. Member States are encouraged to provide incentives and guidelines to microenterprises and SMEs to facilitate the implementation of this Directive. The procedures and guidelines shall be developed in consultation with relevant stakeholders, including organisations representing persons with disabilities.
Amendment 499 #
Proposal for a directive
Article 14 – paragraph 2 a (new)
Article 14 – paragraph 2 a (new)
2a. Relevant stakeholders, including organisations representing persons with disabilities, shall be consulted systematically as part of the procedure for the adoption of implementing acts.
Amendment 502 #
Proposal for a directive
Article 15 – paragraph 4 a (new)
Article 15 – paragraph 4 a (new)
4a. In addition to the EU declaration of conformity, a notice on the packaging shall inform consumers in a simple and precise way that the product incorporates accessibility features.
Amendment 543 #
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 and persons with disabilities, taking into account the frequency and duration of use of the specific product or service;
Amendment 547 #
Proposal for a directive
Article 22 – paragraph 4
Article 22 – paragraph 4
4. Where a competent authority has used the exception provided for in paragraphs 1, 2 and 3 for a specific product or service it shall notify the Commission thereof. The notification shall include the assessment referred to in paragraph 2 and it shall be made available to the public in accessible formats.
Amendment 555 #
Proposal for a directive
Article 25 – paragraph 2 – point b a (new)
Article 25 – paragraph 2 – point b a (new)
(ba) provisions whereby a comprehensive and adequately resourced complaints mechanism for consumers is established to complement a system of implementation and monitoring.
Amendment 561 #
Proposal for a directive
Article 26 – paragraph 2
Article 26 – paragraph 2
2. The penalties provided for shall be effective, proportionate and dissuasive enough to not constitute an alternative for the economic operators from not conforming their products or services to the accessibility requirements laid down in this Directive.
Amendment 571 #
Proposal for a directive
Article 27 – paragraph 5
Article 27 – paragraph 5
5. Member States using the possibility provided for in Article 3(10) shall communicate to the Commission the text of the main provisions of national law which they adopt to that end and shall report to the Commission on the progress made in their implementation.
Amendment 575 #
Proposal for a directive
Article 28 – paragraph 1
Article 28 – paragraph 1
1. The report shall, based on the notifications received, assess whether this Directive has achieved its objectives, in particular with regard to enhancing the free circulation of accessible products and services. It shall, inter alia, address in the light of social, economic and technological developments and the level of compliance with this Directive, the evolution of the accessibility of products and services and the need to include or exclude new products and services under the scope of the Directive. The Commission shall also evaluate the functioning of Articles 12 and 22 and their impact on economic operators and persons with disabilities, identifying where possible, areas for burden reduction, with a view to assessing the need to review this Directive.
Amendment 659 #
Proposal for a directive
Annex I – Section IX – Part A – point 1
Annex I – Section IX – Part A – point 1
Amendment 660 #
Proposal for a directive
Annex I – Section IX – Part A – point 1 – point 1 – introductory part
Annex I – Section IX – Part A – point 1 – point 1 – introductory part
Amendment 675 #
Proposal for a directive
Annex I – Section IX – Part A – point 2
Annex I – Section IX – Part A – point 2
Amendment 687 #
Proposal for a directive
Annex I – Section IX – Part B – point 1 – point e
Annex I – Section IX – Part B – point 1 – point e
(e) making websites and online 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 robust way which facilitates interoperability with a variety of user agents and assistive technologies available at Union and international level;
Amendment 688 #
Proposal for a directive
Annex I – Section IX – Part B – point 1 – point e a (new)
Annex I – Section IX – Part B – point 1 – point e a (new)
(ea) making mobile-based services including mobile applications needed for the provision of the services 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 robust way which facilitates interoperability with a variety of user agents and assistive technologies available at Union and international level.
Amendment 689 #
Proposal for a directive
Annex I – Section IX – Part B – point 1 – point f
Annex I – Section IX – Part B – point 1 – point f
(f) providing accessible information to facilitate complementarities with assistive services; and technologies, including hearing technologies, such as hearing aids, telecoils, cochlear implants, and assistive listening devices.
Amendment 695 #
Proposal for a directive
Annex I – Section X – point g
Annex I – Section X – point g
(g) use of equipment and facilities used in the provision of the product or service;