BETA

23 Amendments of Liisa JAAKONSAARI related to 2015/0278(COD)

Amendment 164 #
Proposal for a directive
Citation 1 a (new)
Having regard to the Charter of Fundamental Rights of the European Union, in particular Article 26 thereof,
2017/02/14
Committee: IMCO
Amendment 165 #
Proposal for a directive
Recital 1
(1) The purpose of this Directive is to contribute to the proper functioning of the internal market by approximating laws, regulations and administrative provisions of the Member States, by eliminating barriers to the free movement of certain accessible products and services This will increase the availiability of accessible products and services on the internal market.
2017/02/14
Committee: IMCO
Amendment 170 #
Proposal for a directive
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.
2017/02/14
Committee: IMCO
Amendment 179 #
Proposal for a directive
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.
2017/02/14
Committee: IMCO
Amendment 182 #
Proposal for a directive
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.
2017/02/14
Committee: IMCO
Amendment 203 #
Proposal for a directive
Recital 23
(23) In someThe concept of accessibility should be seen as a whole. In many situations, common accessibility requirements of the built environment would facilitateare a prerequisite to 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.
2017/02/14
Committee: IMCO
Amendment 225 #
Proposal for a directive
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.
2017/02/14
Committee: IMCO
Amendment 232 #
Proposal for a directive
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.
2017/02/14
Committee: IMCO
Amendment 250 #
Proposal for a directive
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.
2017/02/14
Committee: IMCO
Amendment 258 #
Proposal for a directive
Article 1 – paragraph -1 (new)
-1. In order to improve the functioning of the internal market, this Directive aims at approximating the laws, regulations and administrative provisions of the Member States, by eliminating barriers to the free movement of certain accessible products and services.
2017/02/14
Committee: IMCO
Amendment 331 #
Proposal for a directive
Article 2 – point 1
(1) “accessible products and services” are products and services that are perceptible, operable, usable and understandable for persons with functional limitations, including persons with disabilities, on an equal basis with others;
2017/02/14
Committee: IMCO
Amendment 337 #
Proposal for a directive
Article 2 – point 3
(3) “persons with functional limitations” means persons who have any physical, mental, cognitive, intellectual or sensory impairment, age -related impairment, or other human body performance -related causes, permanent or temporary, which in interaction with various barriers result in their reduced access to products and services, leading to a situation that requires adaptation to their particular needs of those products and services;
2017/02/14
Committee: IMCO
Amendment 338 #
Proposal for a directive
Article 2 – point 4
(4) “persons with disabilities” include persons who have long-term physical, mental, cognitive, intellectual or sensory impairments which in interaction with various barriers may hinder their full and effective participation in society on an equal basis with others;
2017/02/14
Committee: IMCO
Amendment 387 #
Proposal for a directive
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.
2017/02/14
Committee: IMCO
Amendment 472 #
Proposal for a directive
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.
2017/03/27
Committee: IMCO
Amendment 477 #
Proposal for a directive
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.
2017/03/27
Committee: IMCO
Amendment 495 #
Proposal for a directive
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.
2017/03/27
Committee: IMCO
Amendment 497 #
Proposal for a directive
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.
2017/03/27
Committee: IMCO
Amendment 499 #
Proposal for a directive
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.
2017/03/27
Committee: IMCO
Amendment 547 #
Proposal for a directive
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.
2017/03/27
Committee: IMCO
Amendment 555 #
Proposal for a directive
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.
2017/03/27
Committee: IMCO
Amendment 571 #
Proposal for a directive
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.
2017/03/27
Committee: IMCO
Amendment 575 #
Proposal for a directive
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.
2017/03/27
Committee: IMCO