48 Amendments of Vicky FORD related to 2015/0278(COD)
Amendment 168 #
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 some 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 172 #
Proposal for a directive
Recital 4
Recital 4
(4) Due to the 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 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 184 #
Proposal for a directive
Recital 17
Recital 17
(17) Each product and service falling under the scope of this Directive, has to comply with the accessibility requirements identified in Article 3 and listed in Annex I to be accessible for persons with disabilities and older persons. The e- commerce accessibility obligations also apply to the online sale of services under Article 1(2)(a) to (e) of this Directive.
Amendment 190 #
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. Therefore micro-enterprises, due to their size, resources and nature should not be required to comply with the accessibility requirements set out in this Directive.
Amendment 199 #
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 and mobile applications. In addition, it proposes to establishes the basis for a monitoring and reporting methodology of the compliance of the relevant websites 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 or mobile application, 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 not covered by that Directive, fall under 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 211 #
Proposal for a directive
Recital 24 a (new)
Recital 24 a (new)
(24a) This Directive should not, however, change the compulsory or voluntary nature of the provisions in those other legislative acts of the Union such as Article 67 of Directive 2014/24/EU on contract award criteria, which contracting authorities can use to determine the most economically advantageous tender. If deemed linked to the subject matter of the procurement in question, the possibility of social aspects can be included. This Directive should thus ensure that, when accessibility requirements are used in accordance with those other legislative acts of the Union, those requirements are the same across the Union.
Amendment 212 #
Proposal for a directive
Recital 25 a (new)
Recital 25 a (new)
Amendment 238 #
Proposal for a directive
Recital 44
Recital 44
Amendment 242 #
Proposal for a directive
Recital 45
Recital 45
Amendment 252 #
Proposal for a directive
Recital 52 a (new)
Recital 52 a (new)
(52a) Member States should ensure that effective and rapid remedies are available against decisions taken by contracting authorities and contracting entities as to whether a particular contract falls within the scope of Directives 2014/24/EU and 2014/25/EU. Given the existing legal framework concerning remedies in the areas covered by Directives 2014/24/EU and 2014/25/EU those areas should be excluded from the provisions relating to enforcement and penalties of this Directive. Such an exclusion should however not prejudge the obligations of Member States stemming from the Treaties to take all measures necessary to guarantee the application and effectiveness of Union law.
Amendment 253 #
Proposal for a directive
Recital 53 a (new)
Recital 53 a (new)
(53a) In order to allow service providers sufficient time to adapt to requirements laid down by this Directive, it is necessary to provide for a transitional period of [5] years after the date of application of this Directive, during which products used for the provision of a service which were placed on the Union market before that date do not need to comply with the accessibility requirements pursuant to this Directive unless they are replaced by the service providers during the transitional period. It should be without prejudice to transitional periods and application dates set out by other Union legislation on accessibility. Given the cost and long life- cycle of automatic teller machines, ticketing machines and check-in machines, it is appropriate to provide that, when such terminals are used in the provision of services, they may continue to be used until the end of their economically or physically useful life or until they are fully depreciated. If on the basis of the required assessment it is concluded that it would constitute a disproportionate burden on the economic operator to require that all automatic teller machines, ticketing machines or check-in machines that are available for the provision of the same service comply with the accessibility requirements laid out in this Directive then the assessment should also suggest what number of compliant machines would be sufficient to secure the accessibility of the services provided by the service provider in question. In its assessment the service provider should take into account inter alia the estimated benefit for persons with disabilities and the ease of access of the accessible machines.
Amendment 255 #
Proposal for a directive
Recital 53 a (new)
Recital 53 a (new)
(53a) However, public contracts for supplies, works or services which are subject to Directive 2014/24/EU or Directive 2014/25/EU, and which were awarded before the date of application of this Directive, should continue to be delivered in accordance with the accessibility requirements, if any, specified in those public contracts.
Amendment 283 #
Proposal for a directive
Article 1 – paragraph 2 – point b
Article 1 – paragraph 2 – point b
(b) services providing access to audiovisual media services and, including related consumer equipment with advanced computing capability used for the provision of those services;
Amendment 288 #
Proposal for a directive
Article 1 – paragraph 2 – point c
Article 1 – paragraph 2 – point c
(c) air, bus, rail and waterborne passenger transport services; in relation to the following aspects:
Amendment 291 #
Proposal for a directive
Article 1 – paragraph 2 – point c – point ii (new)
Article 1 – paragraph 2 – point c – point ii (new)
ii) self-service terminals located within the territory of the Union, including ticketing machines and check- in machines used for the provision of passenger transport services;
Amendment 294 #
Proposal for a directive
Article 1 – paragraph 2 – point d
Article 1 – paragraph 2 – point d
(d) consumer banking services;
Amendment 301 #
Proposal for a directive
Article 1 – paragraph 2 – point f
Article 1 – paragraph 2 – point f
(f) e-commerceonline marketplace intended for use by consumers.
Amendment 306 #
Proposal for a directive
Article 1 – paragraph 3 – introductory part
Article 1 – paragraph 3 – introductory part
3. Chapters I, VI and VII of this Directive apply to the following, in relation to products and services set out in paragraphs 1 and 2 of this Article:
Amendment 307 #
Proposal for a directive
Article 1 – paragraph 3 – point a
Article 1 – paragraph 3 – point a
(a) public contracts and concessions which are subject to Directive 2014/23/EU42 Directive 2014/24/EU and Directive 2014/25/EU. __________________ 42 Directive 2014/23/EU of the European Parliament and of the Council of 26 February 2014 on the award of concession contracts (OJ L 94, 28.3.2014, p. 1)subject to paragraph 3a of this Article, public contracts, including mixed contracts, the object of which is intended for use by natural persons, whether general public or staff of the contracting authority or contracting entity, and that are subject to Directive 2014/24/EU and Directive 2014/25/EU, where technical specifications are drawn up in accordance with those Directives so as to take into account, except in duly justified cases, accessibility criteria for persons with disabilities or design for all users.
Amendment 308 #
Proposal for a directive
Article 1 – paragraph 3 – point a
Article 1 – paragraph 3 – point a
(a) public contracts and concessions which are subject to Directive 2014/23/EU42 Directive 2014/24/EU and Directive 2014/25/EU. __________________ 42 Parliament and of the Council of 26 February 2014 on the award of concession contracts (OJ L 94, 28.3.2014, p. 1)including mixed contracts, the object of which is intended for use by persons, whether general public or staff of the contracting authority or contracting entity, and that are subject to Directive 2014/24/EU and Directive 2014/25/EU, where technical specifications are drawn up so as to take into account accessibility criteria for persons with disabilities in compliance with those Directives. Directive 2014/23/EU of the European
Amendment 310 #
Proposal for a directive
Article 1 – paragraph 3 – point a a (new)
Article 1 – paragraph 3 – point a a (new)
(aa) public contracts in accordance with paragraph 3a, where technical specifications related to those contracts are published in a call for competition after the date of application of this Directive, but not in respect of modifications to public contracts where the contract concerned was awarded before that date;
Amendment 311 #
Proposal for a directive
Article 1 – paragraph 3 – point a b (new)
Article 1 – paragraph 3 – point a b (new)
(ab) programmes in accordance with paragraph 3b adopted after the date of application of this Directive, or programming documentation implementing such programmes, to the extent the documentation is published after that date.
Amendment 312 #
Proposal for a directive
Article 1 – paragraph 3 – point a c (new)
Article 1 – paragraph 3 – point a c (new)
(ac) new, rehabilitated and upgraded transport infrastructure in accordance with paragraph 3d for which design or construction starts after the date of application of this Directive.
Amendment 314 #
Proposal for a directive
Article 1 – paragraph 3 – point b
Article 1 – paragraph 3 – point b
(b) the preparation and implementation of programmes under the European Structural and Investment Funds that stipulate that accessibility for persons with disabilities shall be taken into account throughout the preparation and implementation of those programmes, as it is currently stipulated in the Regulation (EU) No 1303/2013 of the European Parliament and of the Council laying down common provisions on the European Regional Development Fund, the European Social Fund, the Cohesion Fund, the European Agricultural Fund for Rural Development and the European Maritime and Fisheries Fund;43 and Regulation (EU) No 1304/2013 of the European Parliament and of the Council.44 __________________ 43 Regulation (EU) No 1303/2013 of the European Parliament and of the Council of 17 December 2013 laying down common provisions on the European Regional Development Fund, the European Social Fund, the Cohesion Fund, the European Agricultural Fund for Rural Development and the European Maritime and Fisheries Fund and laying down general provisions on the European Regional Development Fund, the European Social Fund, the Cohesion Fund and the European Maritime and Fisheries Fund and repealing Council Regulation (EC) No 1083/2006 ( OJ L 347, 20.12.2013, p. 320). 44 Regulation (EU) No 1304/2013 of the European Parliament and of the Council of 17 December 2013 on the European Social Fund and repealing Council Regulation (EC) No 1081/2006.
Amendment 318 #
Proposal for a directive
Article 1 – paragraph 3 a (new)
Article 1 – paragraph 3 a (new)
3a. Micro-enterprises, due to their size, resources and nature shall not be required to comply with the accessibility requirements laid down by this Directive.
Amendment 322 #
Proposal for a directive
Article 1 – paragraph 3 a (new)
Article 1 – paragraph 3 a (new)
3a. This Directive shall be without prejudice to Union and national legislation on copyright and related rights.
Amendment 323 #
Proposal for a directive
Article 1 – paragraph 3 a (new)
Article 1 – paragraph 3 a (new)
3a. Paragraph 3 shall apply only to products and services referred to in paragraphs 1 and 2.
Amendment 324 #
Proposal for a directive
Article 1 – paragraph 3 b (new)
Article 1 – paragraph 3 b (new)
3b. This Directive is without prejudice to provisions in the following Union legislation when relating to accessibility contained in the Regulation (EC) 1371/2007 with regard to providing certain information on the accessibility of rail services upon request and with regard to providing tickets; Regulation (EU) 1300/2014 with regard to establishment of the technical specification for interoperability relating to certain elements of accessibility of the Union's rail system for persons with disabilities and persons with reduced mobility; Regulation (EU) 454/2011 on the technical specification for interoperability relating to the subsystem 'telematics applications for passenger services' of the trans-European rail system; Regulation (EU) 181/2011 with regard to providing certain information on access conditions to be provided to passengers; and Regulation (EU) 1177/2010 providing certain information on access conditions to be provided to passengers, and Regulation (EU) 1107/2006 with regard to providing the information therein indicated when travelling by air. This Directive complements those Regulations by providing for additional accessibility requirements concerning aspects that are not covered by those regulations.
Amendment 333 #
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 peoplersons, 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, includingcould also be achieved by means of interoperability with assistive devices for persons with disabilities where this is needed;
Amendment 390 #
Proposal for a directive
Article 3 – paragraph 10
Article 3 – paragraph 10
10. Member States may decide, 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 399 #
Proposal for a directive
Article 5 – paragraph 2 – subparagraph 1
Article 5 – paragraph 2 – subparagraph 1
Manufacturers shall draw up the technical documentation in accordance with Annex II and carry out the conformity assessment procedure set out in that Annex or have it carried outocument how it has reached relevant functional criteria set out in Annex I on the basis of the intended purpose of its product. Manufacturers can determine how to document accordance with Annex I. This could include listing standards used to reach the functional criteria or detailed information on how the functional criteria were fulfilled or to what degree their products fulfil the criteria. Where not relevant to the intended use or achievability of technology an explanation can be provided.
Amendment 400 #
Proposal for a directive
Article 5 – paragraph 2 – subparagraph 2
Article 5 – paragraph 2 – subparagraph 2
Amendment 406 #
Proposal for a directive
Article 5 – paragraph 3
Article 5 – paragraph 3
3. Manufacturers shall ensure that procedures are in place for series production to remain in conformitydocumented. Changes in product design or characteristics and changes in the harmonised standards or in other technical specifications and by reference to which conformity of a product is declaredto which the product refers to shall be adequately taken into account.
Amendment 415 #
Proposal for a directive
Article 5 – paragraph 8
Article 5 – paragraph 8
8. Manufacturers who consider or have reason to believe that a product which they have placed on the market is not in conformity with this Directive shall immediately take the necessary corrective measures to bring that product into conformity, or to withdraw it or recall it, if appropriate. Furthermore, where the product presents a risk related to accessibilityis not in conformity with this Directive, manufacturers 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 418 #
Proposal for a directive
Article 5 – paragraph 9
Article 5 – paragraph 9
9. Manufacturers shall, further to a reasoned request from a competent national authority, provide it with all the information and documentation necessary to demonstrate the conformityaccordance of the product, in a language which can be easily understood by that authority. They shall cooperate with that authority, at its request, on any action taken to eliminate the risks posed by products which they have placed on the market and to ensure complito ensure accordance with the requirements referred to in Article 3.
Amendment 425 #
Proposal for a directive
Article 6 – paragraph 2 – point b
Article 6 – paragraph 2 – point b
(b) co-operate with the competent national authorities, at their request, on any action taken to eliminate the risks posed byfulfil the conformity requirements of products covered by their mandate.
Amendment 427 #
Proposal for a directive
Article 7 – paragraph 2
Article 7 – paragraph 2
2. Before placing a product on the market importers shall ensure that the conformity assessment procedure set out in Annex II has been carried out by the manufacturer. They shall ensure that the manufacturer has drawn up the technical documentation required by that Annex, that the product bears the CE marking and is accompanied by the required documentsmanufacturers have documented how it has reached relevant functional criteria set out in Annex I on the basis of the intended purpose of its product and that the manufacturer has complied with the requirements set out in Article 5(2), (5) and (6).
Amendment 428 #
Proposal for a directive
Article 7 – paragraph 2
Article 7 – paragraph 2
2. Before placing a product on the market importers shall ensure that the conformity assessment procedure set out in Annex II has been carried out by the manufacturer. They shall ensure that the manufacturer has drawn up the technical documentation required by that Annex, that the product bears the CE marking and isproducts are in conformity with this Directive. They shall ensure that the products are accompanied by the required documents and that the manufacturer has complied with the requirements set out in Article 5(5) and (6).
Amendment 431 #
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 riskdoes not fulfil the conformity requirements, the importer shall inform the manufacturer and the market surveillance authorities to that effect.
Amendment 434 #
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 idoes not in conformity withmeet the accessibility requirements referred to in Article 3, he shall not place the product on the market until it has been brought into conformitymeets the requirements. Furthermore, where the product presents a risk, the importer shall inform the manufacturer and the market surveillance authorities to that effect.
Amendment 436 #
Proposal for a directive
Article 7 – paragraph 7
Article 7 – paragraph 7
Amendment 438 #
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, 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 449 #
Proposal for a directive
Article 8 – paragraph 2
Article 8 – paragraph 2
2. Before making a product available on the market distributors shall verify that the product bears the CE marking, that it is accompanied by the required documents and by instructions and information in a language which can be easily understood by consumers and other end-users in the Member State in which the product is to be made available on the market and that the manufacturer and the importer have complied with the requirements set out in Article 5(5) and (6) and Article 7(4).
Amendment 458 #
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 idoes not in conformity withmeet the requirements of this Directive shall make sure that the necessary corrective measures are taken to bring that product into conformityaccordance, to withdraw it or recall it, if appropriate. Furthermore, where the product presents a risk, 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 534 #
Proposal for a directive
Article 21 – paragraph 1 – introductory part
Article 21 – paragraph 1 – introductory part
1. The Aaccessibility requirements set out in Sections IX to V of Annex I shall apply to the products and services referred to in Article 1(1) and 1(2) as follows:
Amendment 535 #
Proposal for a directive
Article 21 – paragraph 1 – point a
Article 21 – paragraph 1 – point a
(a) Wwhen establishing the technical specifications and award criteria related to all public contracts and concessions the object of which is intended for use by persons, whether general public or staff of the contracting authority or contracting entityincluding mixed contracts, as defined in Article 1(3) of this Directive, which are subject to Directive 2014/23/EU,49 Directive 2014/24/EU50 andor Directive 2014/25/EU.51. __________________ 49 Directive 2014/23/EU of the European Parliament and of the Council of 26 February 2014 on the award of concession contracts. 50 Directive 2014/24/EU of the European Parliament and of the Council of 26 February 2014 on public procurement. 51 Directive 2014/25/EU of the European Parliament and of the Council of 26 February 2014 on procurement by entities operating in the water, energy, transport and postal services sectors.
Amendment 559 #
Proposal for a directive
Article 25 – paragraph 2 a (new)
Article 25 – paragraph 2 a (new)
2a. This Article shall not apply to contracts which are subject to Directives 2014/24/EU and 2014/25/EU.
Amendment 565 #
Proposal for a directive
Article 26 – paragraph 4 a (new)
Article 26 – paragraph 4 a (new)
4a. This Article shall not apply to contracts which are subject to Directives 2014/24/EU and 2014/25/EU.